How the FBI uses FOIA to Track Down Whistleblowers

According to the Washington Post (April 9, 2018), the FBI uses the Freedom of Information Act to track down whistleblowers.

Late last month, the FBI arrested Terry James Albury, a longtime agent in its Minneapolis field office, for allegedly providing classified documents to the Intercept.

The classified documents in question, on their own, should concern anyone who cares about civil liberties. A set of policies and procedures, the documents outline how the FBI can access journalists’ phone records without search warrants or subpoenas approved by a judge. The documents also identify loopholes in FBI rules allowing undercover agents and informants to infiltrate and spy on members of churches, political organizations and universities - something, the Intercept said, that even the FBI acknowledged was a "risk to civil liberties." Additionally, they reveal the FBI was targeting surveillance based on race and religion.

The FBI used as evidence against Albany FOIA requests made by the Intercept. According to an affidavit for a warrant obtained by Minnesota Public Radio, "on or about March 29 and 30, 2016, a presumed U.S. Person representing an online media outlet - made two separate requests for copies of specific documents from the FBI pursuant to the Freedom of Information Act." The FBI is able to tell who accesses documents on its network. After the Intercept published the documents, the timing of the earlier FOIA request allowed the FBI to pinpoint Albury as a likely source. "Albury accessed the document on February 19, 2016, approximately one month and ten days prior to the FOIA request" and made images, the affidavit said.

The FBI used as evidence against Albany FOIA requests made by the Intercept. According to an affidavit for a warrant obtained by Minnesota Public Radio, “on or about March 29 and 30, 2016, a presumed U.S. Person representing an online media outlet … made two separate requests for copies of specific documents from the FBI pursuant to the Freedom of Information Act.” The FBI is able to tell who accesses documents on its network. After the Intercept published the documents, the timing of the earlier FOIA request allowed the FBI to pinpoint Albury as a likely source. “Albury accessed the document on February 19, 2016, approximately one month and ten days prior to the FOIA request” and made images, the affidavit said.