http://www.washingtonpost.com/wp-dyn/content/article/2005/06/07/AR2005060701583.html

washingtonpost.com
An Established Law Enforcement Tool

Post
Wednesday, June 8, 2005; A20

John Mintz wrote that information gathered under the Foreign
Intelligence Surveillance Act (FISA) may be used in a criminal trial
because "the USA Patriot Act of 2001 and a FISA appeals court decision
in 2003 had torn down" a supposedly unbreachable "wall" that "had
previously prevented FBI intelligence agents from sharing any
information about the FISA tapes with agents pursuing criminal cases"
[news story, June 5]. That is incorrect.

Evidence from FISA wiretaps and physical searches has long been shared
with criminal investigators and prosecutors, albeit in accordance with
legal procedures required by the FISA court and the attorney general.
FISA evidence also has been used in numerous criminal prosecutions of
spies and terrorists. But most cases involving FISA evidence (such as
the Aldrich Ames spy case) were resolved by plea bargains, partly
because the government often has been reluctant to publicly reveal
details of its use of FISA. The bottom line, though, is that the use
of FISA in criminal investigations dates to the law's passage in 1978.

MICHAEL VATIS

New York

The writer was an official in the Justice Department from 1994 to 1998
and in the FBI from 1998 to 2001.





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