Were DiFi’s Aides Who Claimed “Only a Small Number” of Back Door Searches Ignorant or Lying?

Yesterday, we learned:

  • NSA conducted unwarranted back door searches on 198 US persons’ content last year and 9,500 back door searches on US person metadata
  • CIA conducted around 1,900 unwarranted back door searches on US person content, and an uncounted number of back door searches on US person metadata
  • FBI conducted a substantial number of unwarranted back door searches on US person content and metadata — so much so it doesn’t count it

Back in November, when Dianne Feinstein was trying to codify these unwarranted back door searches explicitly into law, here’s what anonymous sources described as Senate Intelligence Committee aides told the WaPo:

They say that there have been only a “small number” of such queries each year. Such searches are useful, for instance, if a tip arises that a terrorist group is plotting to kill or kidnap an American, officials have said.

“Only a small number.”

Over 2,000 counted searches between the CIA and NSA. Uncounted, but substantial, number of searches by FBI. “Only a small number.”

Were these anonymous sources ignorant — relying on false information from the Agencies? The actual number of unwarranted back door searches doesn’t appear in the unredacted portions of the one Semiannual Section 702 Compliance report we’ve seen (see page 13); there doesn’t appear to be a redacted section where they would end up.

So have the Agencies (CIA and NSA in this case; FBI’s back door searches get audited in a different way) simply hidden from their Congressional overseers how frequently they were doing these searches?

Or were these aides trying, once again, to pass legislation permitting the nation’s spy agencies to conduct intrusive searches on Americans by lying?

One way or another, it’s a damn good thing Ron Wyden asked for and insisted on getting an answer to his question of how common these back door searches are (even if the FBI still refuses to count them). Because the key people who are supposed to oversee them are either ignorant or lying about them.

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bmaz @mattapuzzo @emptywheel The Trayvon Martin investigation was done the second it started.
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bmaz @sahilkapur @brianbeutler Which is exactly why both sides of this discussion are absolutely nuts.
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bmaz @sahilkapur @brianbeutler Why not? After all, Dems are claiming a mandate/win for OCare when they are losing seats, why can't GOP claim win?
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bmaz @OKnox @emptywheel @nielslesniewski Can Ted Cruz be Majority Leader and Speaker of the House at the same time?
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bmaz @CitizenCohn @NickBaumann @brianbeutler Let's see, Dems going to lose ground in House+prob lose Senate, but OCare is winner? Get a grip.
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bmaz @ddayen Better news for Preet.
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bmaz Stewart Baker, a consistently horrible person https://t.co/win4gOAmQ0 via @Techdirt
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bmaz @OKnox @erinscafe Wait, there is no pay for this here internet thingy??
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bmaz @ColMorrisDavis @AlexanderAbdo @ACLU And that is fully necessary, I might add.
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bmaz @AlexanderAbdo @ColMorrisDavis @ACLU You cannot stop it.
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bmaz @benjaminwittes Hey, that is awesome even on a Saturday morning!
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