Chairman Reyes Urges Public Correction from DNI McConnell

Yesterday Chairman Conyers of the Judiciary Committee wrote a letter to National Intelligence Director Mike McConnell in advance of his testimony before the Committee next week to discuss changes to the Foreign Intelligence Surveillance Act (FISA). The letter requested explanations for various apparent selective disclosures of classified information, including a claim by McConnell to a Senate committee in public session that the temporary FISA law just passed by Congress helped lead to the arrests last week of three Islamic militants accused of planning bomb attacks in Germany -- a claim that was disputed by another official in yesterday's New York Times. Rep. Rush Holt (NJ-12), Chairman of the House Select Intelligence Oversight Panel, also addressed the matter in a statement: "The German terror case in question is another example of why I voted against the 'Protect America Act' when it came to the House floor in August. Our existing collection activities are working well overall, uncovering potential terrorist plots in Europe and elsewhere."

Now Chairman Silvestre Reyes of the full Intelligence Committee has issued a letter to DNI McConnell confirming that the new FISA law did not play a role and requesting a public correction:

September 11, 2007

The Honorable Mike McConnell

Director of National Intelligence

Office of the Director of National Intelligence Washington, DC 20511

Dear Director McConnell:

At yesterday's hearing before the Senate Homeland Security and Government Affairs Committee, Senator Leiberman asked you whether the so-called Protect America Act, which President Bush signed into law on August 5, 2007, facilitated the detection of the German terrorist plot.

You responded, "Yes sir, it did."

This statement is at odds with information I have received. Specifically, I am told by senior American officials that U.S. assistance to German intelligence was based on collection under the Foreign Intelligence Surveillance Act (FISA), several months before its modification by Congress in August. Accordingly, the new law did not lead to the arrests of the three terrorist plotters, as you claimed.

While revising FISA may provide a tool that could enhance future operations, it was not in play in the Germany case. In fact, FISA, which you repeatedly claim is "outdated," was precisely the tool that helped disrupt this plot.

Members of Congress need accurate information from the Intelligence Community, and I am deeply concerned that your comments may be used improperly. I therefore urge you to issue a public statement immediately to confirm that the surveillance used to assist in the disruption of German plot was collected pursuant to FISA before the passage of the Protect America Act.

Sincerely,

Silvestre Reyes

Chairman