The US Department of Justice on Tuesday announced new restrictions for conducting any national security surveillance of candidates for federal office, or their staff members and advisers.
The restrictions, announced by US Attorney General William Barr in a pair of memos, are part of broader changes to the FBI’s surveillance procedures implemented in response to problems during the 2016 investigation into ties between Russia and US President Donald Trump’s campaign.
The changes are designed to ensure that law enforcement officials have to clear additional hurdles before pursuing the same type of surveillance as was conducted four years ago on Carter Page, a former adviser to Trump’s 2016 campaign.
Photo: AFP
Page was never charged with any wrongdoing.
The policy changes concern how the FBI goes about seeking permission from the Foreign Intelligence Surveillance Court when it wants to eavesdrop on someone it suspects of being an agent of a foreign power.
FBI Director Chris Wray has ordered more than 40 corrective actions after Department Inspector General Michael Horowitz found major errors and omissions in surveillance applications targeting the former Trump aide during the Russia probe.
One new restriction outlined Tuesday would require the FBI to consider briefing a federal candidate or staffer that the person is possibly being targeted by a foreign power before applying for a warrant from the court to wiretap their communications.
Under the policy, no application for surveillance of a candidate or staffer may be submitted unless the FBI director has decided that a defensive briefing is not appropriate.
The FBI in 2016 and 2017 applied for warrants to monitor Page, but Horowitz identified errors and omissions in those applications and also found more pervasive problems with the FBI’s surveillance application protocols.
It is imperative that the department make “accurate and complete representations” when applying for surveillance warrants, Barr wrote.
“When those activities involve federal elected officials, federal political candidates, or their respective staff members, the department must be especially vigilant,” he said. “Such intelligence activities must be subject to rigorous review to ensure that they are justified and non-partisan, are based on full and complete information, take into account the significant first amendment interests at stake, and do not undermine the political process.”
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