Killing Democracy One File at a Time: Justice Department Loosens FBI Domestic Spy Guidelines
While the Justice Department is criminally inept, or worse, when it comes to prosecuting
corporate thieves who looted, and continue to loot, trillions of dollars as capitalism's economic crisis accelerates, they are extremely adept at waging war on dissent.
Last week,
The New York Times disclosed
that the FBI "is giving significant new powers to its roughly 14,000
agents, allowing them more leeway to search databases, go through
household trash or use surveillance teams to scrutinize the lives of
people who have attracted their attention."
Under "constitutional scholar" Barack Obama's regime, the Bureau
will revise its "Domestic Investigations and Operations Guide." The "new
rules," Charlie Savage writes, will give agents "more latitude" to
investigate citizens even when there is no evidence they have exhibited
"signs of criminal or terrorist activity."
As the Bill of Rights Defense Committee (
BORDC)
recently pointed out, "When presented with opportunities to protect
constitutional rights, our federal government has consistently failed
us, with Congress repeatedly rubber-stamping the executive authority to
violate civil liberties long protected by the Constitution."
While true as far it goes, it should be apparent by this late date that no branch
of the federal government, certainly not Congress or the Judiciary, has
any interest in limiting Executive Branch power to operate lawlessly,
in secret, and without any oversight or accountability whatsoever.
Just last week,
The New York Times revealed that the Bush White House used the CIA "to get" academic critic Juan Cole, whose
Informed Comment blog was highly critical of U.S. imperial adventures in Iraq and Afghanistan.
The former CIA officer and counterterrorism official who blew the
whistle and exposed the existence of a Bush White House "enemies list,",
Glenn L. Carle, told the Times, "I couldn't believe this was happening. People were accepting it, like you had to be part of the team."
Ironically enough, the journalist who broke that story, James Risen,
is himself a target of an Obama administration witchhunt against
whistleblowers. Last month, Risen was issued a grand jury subpoena that
would force him to reveal the sources of his 2006 book, State of War.
These latest "revisions" will expand the already formidable
investigative powers granted the Bureau by former Attorney General
Michael B. Mukasey.
Three years ago,
The Washington Post informed
us that the FBI's new "road map" permits agents "to recruit informants,
employ physical surveillance and conduct interviews in which agents
disguise their identities" and can pursue "each of those steps without
any single fact indicating a person has ties to a terrorist
organization."
Accordingly, FBI "assessments" (the precursor to a full-blown
investigation) already lowered by the previous administration will,
under Obama, be lowered still further in a bid to "keep us safe"--from
our constitutional rights.
The Mukasey guidelines, which created the "assessment" fishing
license handed agents the power to probe people and organizations
"proactively" without a shred of evidence that an individual or group
engaged in unlawful activity.
In fact, rather than relying on a reasonable suspicion or
allegations that a person is engaged in criminal activity, racial,
religious or political profiling based on who one is or on one's views,
are the basis for secretive "assessments."
Needless to say, the presumption of innocence, the bedrock of a
republican system of governance based on the rule of law, like the right
to privacy, becomes one more "quaint" notion in a National Security
State. In its infinite wisdom, the Executive Branch has cobbled together
an investigative regime that transforms anyone, and everyone, into a
suspect; a Kafkaesque system from which there is no hope of escape.
Under Bushist rules, snoops were required to open an inquiry "before
they can search for information about a person in a commercial or law
enforcement database," the Times reported.
In other words, somewhere in the dank, dark bowels of the surveillance
bureaucracy a paper trail exists that just might allow you to find out
your rights had been trampled.
But our "transparency" regime intends to set the bar even lower.
Securocrats will now be allowed to rummage through commercial databases
"without making a record about their decision."
The ACLU's Michael German, a former FBI whistleblower, told the Times that "claiming additional authorities to investigate people only further raises the potential for abuse."
Such abuses are already widespread. In 2009 for example, the
ACLU pointed
out that "Anti-terrorism training materials currently being used by the
Department of Defense (DoD) teach its personnel that free expression in
the form of public protests should be regarded as 'low level
terrorism'."
As I
reported in 2009, citing a
report by the Electronic Frontier Foundation (
EFF),
the Bureau's massive Investigative Data Warehouse (IDW), is a
data-mining Frankenstein that contains more "searchable records" than
the Library of Congress.
EFF researchers discovered that "In addition to storing vast
quantities of data, the IDW provides a content management and data
mining system that is designed to permit a wide range of FBI personnel
(investigative, analytical, administrative, and intelligence) to access
and analyze aggregated data from over fifty previously separate datasets
included in the warehouse."
Accordingly, "the FBI intends to increase its use of the IDW for
'link analysis' (looking for links between suspects and other
people--i.e. the Kevin Bacon game) and to start 'pattern analysis'
(defining a 'predictive pattern of behavior' and searching for that
pattern in the IDW's datasets before any criminal offence is
committed--i.e. pre-crime)."
Once new FBI guidelines are in place, and congressional grifters
have little stomach to challenge government snoops as last month's
disgraceful "debate" over renewing three repressive provisions of the
USA Patriot Act attest, "low-level" inquiries will be all but impossible
to track, let alone contest.
Despite a dearth of evidence that dissident groups or religious
minorities, e.g., Muslim-Americans have organized violent attacks in
the heimat, the new guidelines will permit the unlimited deployment of "surveillance squads" that "surreptitiously follow targets."
In keeping with the Bureau's long-standing history of employing paid informants and agents provocateurs such as
Brandon Darby and
a host of others, to infiltrate and disrupt organizations and foment
violence, rules governing "'undisclosed participation' in an
organization by an F.B.I. agent or informant" will also be loosened.
The Times reports that the
revised manual "clarifies a description of what qualifies as a
"sensitive investigative matter"--investigations, at any level, that
require greater oversight from supervisors because they involve public
officials, members of the news media or academic scholars."
According to the Times,
the manual "clarifies the definition of who qualifies for extra
protection as a legitimate member of the news media in the Internet era:
prominent bloggers would count, but not people who have low-profile
blogs."
In other words, if you don't have the deep pockets of a corporate
media organization to defend you from a government attack, you're
low-hanging fruit and fair game, which of course, makes a mockery of
guarantees provided by the First Amendment.
As I
reported last
month, with requests for "National Security Letters" and other opaque
administrative tools on the rise, the Obama administration has greatly
expanded already-repressive spy programs put in place by the previous
government.
Will data extracted by the Bureau's Investigative Data Warehouse or
its new Data Integration and Visualization System retain a wealth of
private information gleaned from commercial and government databases on
politically "suspect" individuals for future reference? Without a paper
trail linking a person to a specific inquiry you'd have no way of
knowing.
Even should an individual file a Freedom of Information Act request
demanding the government turn over information and records pertaining to
suspected wrongdoing by federal agents, as Austin anarchist
Scott Crow did,
since the FBI will not retain a record of preliminary inquiries, FOIA
will be hollowed-out and become, yet another, futile and meaningless
exercise.
And with the FBI relying on
secret legal memos issued
by the White House Office of Legal Counsel justifying everything from
unchecked access to internet and telephone records to the deployment of
government-sanctioned
malware on private computers during "national security" investigations, political and privacy rights are slowly being strangled.
Tom Burghardt is a researcher and activist based in the San Francisco Bay Area. In addition to publishing in Covert Action Quarterly and Global Research,
an independent research and media group of writers, scholars,
journalists and activists based in Montreal, he is a Contributing Editor
with Cyrano's Journal Today. His articles can be read on Dissident Voice, The Intelligence Daily, Pacific Free Press, Uncommon Thought Journal, and the whistleblowing website WikiLeaks. He is the editor of Police State America: U.S. Military "Civil Disturbance" Planning, distributed by AK Press and has contributed to the new book from Global Research, The Global Economic Crisis: The Great Depression of the XXI Century.