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Senators Ask for FBI Inquiry in Katrina Leung Case

Senators Patrick Leahy, Charles Grassley and Arlen Spector have called for an FBI inquiry over the use of informants in the Katrina Leung case.
If even a portion of the allegations raised in the public affidavit are true, we cannot afford to wait until yet another breach of national security occurs before we work with the FBI to improve security and the handling of confidential informants," said a letter signed by Sens. Patrick Leahy, D-Vt.; Charles Grassley, R-Iowa; and Arlen Specter, R-Pa.
Attorney General Ashcroft also comes under fire for his revised FBI informant guidelines that went into effect in May, 2002.
The senators' letter notes that Attorney General John Ashcroft, on May 30 of last year, issued a 34-page revision to the confidential informant guidelines used by FBI agents and other federal law enforcement officials.

The revisions were intended to improve the gathering of intelligence from human sources, especially in terrorism investigations following the Sept. 11 attacks. Some rules were relaxed, such as how soon an agent must inform superiors in writing about recruitment of a new source.

There may be "a need to revisit those decisions" in light of the Los Angeles spy case, the senators said."
Here is a description of the relaxed rules.

The new rules give FBI agents broad latitude to visit public places without the constraints that they offer evidence of potential criminal activity. The only caveat is that the visits must fall within the category of terrorism prevention.

FBI agents also gained authority to search the Internet, visit chat rooms and conduct on-line searches without having to demonstrate that the searches are part of ongoing criminal investigations.

The rules also grant powers to FBI field supervisors to initiate intelligence investigations without first securing approval from FBI managers in Washington.
FBI Director Robert Mueller says the agency is responding to problems--through increased polygraphs (of whom, we wonder, the agents or the informants?,) better computer programs and "tightened" rules for managing informants.

Joe Lieberman wants in on the investigation as well, but from another angle. He's asking for a Justice Department and FBI investigation into whether the Chinese Government gave Leung some of the money that she later donated to Republican campaigns.

Ashcroft also issued guidelines for the FBI to follow in undercover operations. You can view them here. They apply to FBI investigations in "General Crimes, Racketeering Enterprise and Terrorism Enterprise Investigations." The May 30 informant guidelines apply to "the use of confidential informants in criminal investigations and prosecutions by Department of Justice law enforcement agencies and federal prosecuting offices. However the guidelines state, "These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence investigations."

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