Intelligence Surveillance & Privacy

Justice Department IG Releases Audit of FISA Procedures

Bryce Klehm, Rohini Kurup
Thursday, September 30, 2021, 10:40 AM

Published by The Lawfare Institute
in Cooperation With
Brookings

On Sept. 30, the Department of Justice’s inspector general released an internal audit of the FBI’s procedures around the Foreign Intelligence Surveillance Act (FISA) application process. The FBI’s “Woods Procedures” are one element of the FISA application process in which FBI personnel must “document support for all factual assertions contained in [the applications].” Of an initial sample of 29 FISA applications, the audit found more than 400 instances of non-compliance with Woods Procedures. An additional review of more than 7,000 FISA applications authorized between January 2015 and March 2020 found at least 179 instances in which the required Woods file was missing in whole or in part.

The report contains 10 recommendations to the FBI and National Security Division of the Justice Department to better execute the Woods Procedures and ensure accurate submissions of FISA applications.

You can read the audit here and below:


Bryce Klehm is a third year law student at the University of Pennsylvania Law School. He is a former associate editor at Lawfare.
Rohini Kurup is a J.D. candidate at the University of Virginia School of Law. Prior to law school, she worked as an associate editor of Lawfare and a research analyst at the Brookings Institution. She holds a bachelor’s degree from Bowdoin College.

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