Editorial: Excuses are weak

Monday, March 12, 2007 | 7:36 a.m.

A new Justice Department report that says the FBI has improperly used the USA Patriot Act in obtaining thousands of business, financial and telephone records has sparked outrage, even among those who support the law's basic intent.

The report, released Friday, says that Justice Department investigators found that the FBI has issued more than 20,000 so-called national security letters, which it uses to obtain personal information on people without their knowledge. But despite the high number of letters issued, the bureau lacks sufficient monitoring, management and recording procedures.

National security letters do not require a judge's prior approval, unlike search warrants, and previously were to be used only in terrorism and espionage cases. The Patriot Act changed that by allowing the letters to be used in any federal investigation.

The report says that the FBI lacks adequate controls to ensure that agents properly used the national security letters. And, the Justice Department concluded, the FBI failed to follow some of the procedures and rules that it does have.

According to a story by The New York Times, FBI Director Robert Mueller on Friday accepted responsibility for his agency's errors and said that FBI agents did not willfully make the mistakes that, so far, have not proved harmful to any individuals or businesses. And, Mueller noted, the errors were made in the tension-packed era of heightened security brought on by the Sept. 11 terrorist attacks.

FBI officials - whose jobs routinely involve matters of national security and importance - should not be excused for these mistakes on grounds that they were working in an intense environment. Mueller is absolutely right in that the responsibility for this lack of procedural and administrative oversight falls squarely on his shoulders. If he can't fix these problems within his agency, then he should be replaced with someone who can.