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Associated press – January 14, 2007

Pentagon viewing Americans' bank records

BY LOLITA BALDOR

WASHINGTON (AP) - The Pentagon and to a lesser extent the CIA have been using a little-known power to look at the banking and credit records of hundreds of Americans and others suspected of terrorism or espionage within the United States, officials said Saturday.

Pentagon spokesman Bryan Whitman said Saturday the Defense Department "makes requests for information under authorities of the National Security Letter statutes ... but does not use the specific term National Security Letter in its investigatory practice."

Whitman did not indicate the number of requests that have been made in recent years, but said authorities operate under the Right to Financial Privacy Act, the Fair Credit Reporting Act and the National Security Act.

"These statutory tools may provide key leads for counterintelligence and counterterrorism investigations," Whitman said. "Because these are requests for information rather than court orders, a DOD request under the NSL statutes cannot be compelled absent court involvement."

"It is our understanding that the intelligence community agencies make such requests on a limited basis," said Carl Kropf, a spokesman for the Office of the National Intelligence Director, which oversees all 16 spy agencies in the government.

The national security letters permit the executive branch to seek records about people in terror and spy investigations without a judge's approval or grand jury subpoena.

The Federal Bureau of Investigation, the lead agency on domestic counterterrorism and espionage, has issued thousands of national security letters since the attacks of Sept. 11, 2001.

The national security letters have prompted criticism and court challenges from civil liberties advocates who claim they invade the privacy of Americans' lives, even though banks and other financial institutions typically turn over the financial records voluntarily.

The New York Times reported on expanded use of the technique by the Pentagon and CIA in an article posted Saturday on the Internet….

http://apnews.myway.com/article/20070114/D8ML1VU01.html

Associated press – January 15, 2007

Cheney: Credit checks aren't illegal

WASHINGTON (AP) - Vice President Dick Cheney said Sunday the Pentagon and CIA are not violating people's rights by examining the banking and credit records of hundreds of Americans and others suspected of terrorism or espionage in the United States.

Rep. Silvestre Reyes, D-Texas, the new chairman of the House Intelligence Committee, said his panel will be the judge of that.

National security letters permit the executive branch to seek records about people in terrorism and spy investigations without a judge's approval or grand jury subpoena.

"The Defense Department gets involved because we've got hundreds of bases inside the United States that are potential terrorist targets," Cheney said.

"The Department of Defense has legitimate authority in this area. This is an authority that goes back three or four decades. It was reaffirmed in the Patriot Act," he said. "It's perfectly legitimate activity. There's nothing wrong with it or illegal. It doesn't violate people's civil rights."

In a statement Sunday, Reyes promised that his panel would take a careful look at those claims.

"Any expansion by the department into intelligence collection, particularly on U.S. soil, is something our committee will thoroughly review," Reyes said.

"We want our intelligence professionals to have strong tools that will enable them to interrupt the planning process of our enemies and to stop attacks against our country," he said. "But in doing so, we also want those tools to comply fully with the law and the Constitution."…..