FBI admits agent impersonated AP reporter to nab teen accused of bomb threats

FBI Director James Comey testifies at a Senate Judiciary Committee hearing on "Oversight of the Federal Bureau of Investigation" on Capitol Hill in Washington May 21, 2014. [REUTERS/Kevin Lamarque]

In a letter to the New York Times this week, FBI Director James Comey admits that an agent impersonated an Associated Press reporter during a 2007 criminal investigation. Critics say the tactic undermines what remains of the FBI's credibility, and could be used to violate the rights of the innocent.

From the AP's account:

In a letter Thursday to The New York Times, Comey said the agent "portrayed himself as an employee of The Associated Press" to help catch a 15-year-old suspect accused of making bomb threats at a high school near Olympia, Washington. It was publicized last week that the FBI forged an AP story during its investigation, but Comey's letter revealed the agency went further and had an agent actually pretend to be a reporter for the wire service. Comey said the agent posing as an AP reporter asked the suspect to review a fake AP article about threats and cyberattacks directed at the school, "to be sure that the anonymous suspect was portrayed fairly."

"Only the suspect was fooled," Comey wrote, and the ruse led to his arrest and "the end of a frightening period for a high school." Was the FBI agent's action a violation of law? Of course not, says Comey:

That technique was proper and appropriate under Justice Department and F.B.I. guidelines at the time. Today, the use of such an unusual technique would probably require higher level approvals than in 2007, but it would still be lawful and, in a rare case, appropriate.

The Las Vegas case is still in litigation, so there is little we can say, but it would have been better to wait for the government's response and a court decision before concluding that the F.B.I. engaged in abusive conduct.

Every undercover operation involves "deception," which has long been a critical tool in fighting crime. The F.B.I.'s use of such techniques is subject to close oversight, both internally and by the courts that review our work.