The investigation, conducted by Grassley along with and Sens. Patrick Leahy, of Vermont, and Arlen Specter, of Pennsylvania, found that the FBI suffers from systemic and cultural problems in processing FISA warrants. In particular, the report said that key officials at FBI headquarters don't understand basic concepts of law to carry out FISA warrants.
The report shows that Bowman could not provide the definition of "probable cause" during an oversight interview conducted for this report. The report used the case of Zacarias Moussaoui as a case study of what is wrong with the FISA process at the FBI. The report also highlights how supervisors at headquarters were also misinformed about the law and lacked basic legal training, which Bowman is responsible for. These supervisors misapplied the law in the Moussaoui case, and headquarters refused to let a request for a FISA warrant go forward, as Minneapolis Agent Coleen Rowley disclosed last year.
Despite the problems, Director Mueller granted the "Presidential Rank Award" to Bowman. The award comes with a monetary reward equal to 20 percent of the recipient's base salary. Following disclosure of the award, Grassley sent a letter to Director Mueller expressing concern about the award because it sends the wrong message to field agents. Grassley also called the award was "a slap in the face" to agents who had tried to investigate the hijackers before September 11.
"This report and the Bowman award show that Director Mueller has a long way to go to at the FBI. People still get rewarded for mistakes or wrongdoing, while whistleblowers and hard-working field agents get pushed aside or punished," Grassley said.
Grassley said that with homeland security of utmost concern, Bowman can't be letting supervisors use faulty legal principles when determining FISA warrants. Numerous reports show that the FBI has had major problems with FISA for at least five years on Bowman's watch.
The inquiry about the FISA warrants was sparked by the botched investigation in the case of Zacarias Moussaoui. Minneapolis field agents had tried to get a FISA warrant to search Moussaoui's property, but were denied by FBI headquarters.
Grassley and Leahy today also are introducing their FISA Sunshine Bill. The legislation would enhance Congressional oversight and public review of the Federal government's use of surveillance authorities to collect foreign intelligence and counterintelligence information.
"If we shine some sunlight into the secretive FISA process, maybe things will shape up," Grassley said. "The Congress and the public have to know how the FBI and Justice Department use their powers."
Grassley is a senior member of the Senate Judiciary Committee. He is also the chairman of the Finance Committee and member of the Agriculture and Budget committees.