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Mueller calls NSA surveillance legal

FBI director says leaks have hurt national security

FBI Director Robert Mueller told the House Judiciary Committee that the leaks have made the nation vulnerable.

Alex Wong/Getty Images

FBI Director Robert Mueller told the House Judiciary Committee that the leaks have made the nation vulnerable.

WASHINGTON — FBI Director Robert Mueller staunchly defended a pair of controversial government surveillance programs on Thursday, telling Congress that leaking information on them harms national security.

In his final appearance as FBI director before the House Judiciary Committee, Mueller said the leaks give valuable information to those seeking to harm the United States.

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‘‘Every time that we have a leak like this — and if you follow it up and you look at the intelligence afterwards — they are looking at the ways around it,’’ Mueller said. ‘‘One of my problems is that we’re going to . . . lose our ability to get their communications. We are going to be exceptionally vulnerable.’’

Last week’s revelations that the National Security Agency is collecting millions of US phone records along with digital communications stored by nine major Internet companies have touched off a fiery national debate. Several lawmakers suggested the Obama administration, in its efforts to thwart terrorism, has overstepped proper bounds by using intrusive surveillance methods whose scope is stunning.

The admitted leaker of the NSA’s secrets, 29-year-old contractor Edward Snowden, is the subject of an ongoing criminal investigation, Mueller testified.

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Responding to questions by the committee’s chairman, Representative Bob Goodlatte of Virginia, Mueller said that the Foreign Intelligence Surveillance Court has approved the surveillance programs and that they have been conducted in compliance with US law and with oversight from Congress.

Representative John Conyers, the committee’s ranking Democrat, said, ‘‘It’s my fear that we are on the verge of becoming a surveillance state.’’

‘One of my problems is that we’re going to . . . lose our ability to get their communications. We are going to be exceptionally vulnerable.’ — ROBERT MUELLER

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In defending the programs, Mueller called attention to the run-up to the Sept. 11, 2001, terrorist attacks, saying that if the controversial surveillance efforts had been in place back then, they might have uncovered the hijackers’ plot.

‘‘If we had had this program, that opportunity would have been there,’’ Mueller said.

‘‘I am not persuaded that that makes it OK to collect every call,’’ Conyers replied.

Mueller is nearing the end of his 12 years as head of the agency conducting high-profile investigations of the Boston Marathon bombings; the attacks in Benghazi, Libya, that killed four Americans; and leaks of classified government information. Mueller’s last day on the job is Sept. 4.

‘‘These leaks illustrate the delicate balancing act between the need to protect national security information and investigate leaks, and the need to preserve the First Amendment to freedom of the press,’’ Goodlatte said.

The Justice Department revealed last month that it had secretly gathered phone records of the Associated Press and e-mails of Fox News journalist James Rosen in an effort to crack down on leakers of classified information.

‘‘The Obama administration takes credit for having investigated more national security leaks than any previous administration,’’ Goodlatte said. ‘‘While this may be true, I’m not certain whether it is due to a more aggressive investigative approach to national security leaks or the simple fact that there have been a shockingly high number of leaks in the last 4½ years.’’

On Benghazi, Republicans accuse the administration of misleading the public about an act of terrorism in the heat of the presidential campaign by saying the Sept. 11, 2012, assaults on the US diplomatic post grew out of spontaneous demonstrations over an anti-Muslim video. In the immediate aftermath, UN Ambassador Susan Rice described it as a ‘‘horrific incident where some mob was hijacked, ultimately, by a handful of extremists.’’ The White House says Rice reflected the best information available.

Goodlatte said the committee planned to find out more about the status of what the congressman called the FBI’s stalled investigation in Libya.

GOP lawmakers also have questioned why the military could not get aircraft or troops to Benghazi in time to thwart a second attack after the first incident that killed US Ambassador Chris Stevens. Four Americans, including Stevens, died in two attacks that took place several hours apart.

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