In the dull drone of a late Friday afternoon in Washington in August -- you know, when absolutely nothing happens? -- FBI Director Robert Muller called Bill
“„The records were apparently sought as part of a terrorism investigation, but the F.B.I. did not explain what was being investigated or why the reporters’ phone records were considered relevant.
“„The Justice Department places a high bar on the collection of reporters’ records in investigations because of First Amendment concerns, and obtaining such records requires the approval of the deputy attorney general. That requirement was not followed when the F.B.I. obtained the records of two reporters for The Times in Indonesia, Raymond Bonner and Jane Perlez, as well as two reporters there for The Post, Ellen Nakashima and Natasha Tampubolon, officials said.
“„“The FBI’s disclosure that its agents secretly sought and obtained the phone records of American newspaper reporters confirms once again that there are insufficient safeguards on the agency’s use of national security letters and other intrusive surveillance tools. There aren’t enough controls inside the agency, and there aren’t enough checks from outside the agency. Especially dangerous is the FBI’s power to impose gag orders on those ordered to disclose information. These gag orders, which are often unnecessary and almost always overbroad, invite abuse.”