It provided increased funding for OIPR
subsequent to the submission of a report indicating efforts taken to streamline and improve the FISA application process.
To verify the separation throughout a FISA investigation in which the Criminal Division was participating, the FBI was directed to maintain a log of all contacts between the two divisions, (151) and the OIPR was required to keep the FISC apprised of the nature of the Criminal Division's participation in any renewal FISA applications.
158) The government claimed a FISA warrant was never sought to search his computer because the primary purpose test had made OIPR overly cautious about seeking FISA surveillance against a suspect first identified by law enforcement.
166) The 2002 Procedures state that the "Criminal Division and OIPR shall have access to all information developed in full field [foreign intelligence] and [foreign counterintelligence] investigations.
To ensure the 2002 Procedures fell within their statutory purpose, the FISC held that the FBI, the Criminal Division, and OIPR may consult and coordinate with each other, but "law enforcement officials shall not make recommendations to intelligence officials concerning the initiation, operation, continuation or expansion of FISA searches or surveillances.
The OIPR has repeatedly gone beyond the probable cause standard, requiring the FBI to provide additional information before forwarding the Bureau's request to the EISA court.
In effect, the OIPR has been shortstopping FBI applications and usurping authority that belongs with the courts.
AAG replaces OIPR for purposes of advising the Attorney General on the development of espionage charging documents and related matters, amending 28 U.
the National Security Division headed by the AAG consists of the OIPR, the counterterrorism and counterespionage sections, and any other entities the Attorney General designates, adding new section 28 U.
By contrast, OIPR is largely viewed within the Department as an 'assembly line operation not requiring any special grounding in the facts of a particular matter.
If the request is OK'd at that level, OIPR
attorneys bring the matter to the FISA court, whose lawyers are well-known adversaries of the FBI.