Grassley Questions Expert on Information Sharing 'Wall' and 9/11 Prevention

Querying Lawfully Collected Data

• 💡 Professor Klene explains that querying a government database of lawfully collected information is not a separate Fourth Amendment event, comparing it to an FBI agent reviewing existing files.
• 🧠 This is contrasted with searching a seized personal effect like a hard drive, which does constitute a separate event.
• 🎯 A government database is owned and controlled by the government, unlike personal property.

Congressional Oversight of FISA Proceedings

• 🏛️ Congress, as the Article I branch that created the FISA court, has a critical role in oversight.
• 🔍 It is important for Congress to form its own detailed impression of how the court is functioning, with seamless access for members and cleared staff.

The 'Wall' and 9/11 Failures

• ⚠️ The 'wall' between law enforcement and intelligence agencies, created to address civil liberties concerns, is identified as a major factor in the failure to prevent 9/11.
• 📧 This separation prevented crucial information from reaching the Coal Bombing Task Force, despite internal communications acknowledging the danger and the potential for loss of life.
• 📉 The fear of political repercussions and career consequences prevented the Justice Department from appealing FISA court orders that restricted information sharing, leading to tragic consequences.
• 🚫 FBI agents were afraid to discuss potential threats with those who could have found the attackers before they attacked.