Proposed Terrorist Rules Worry Senators

Some Say FBI Rules Could Target Innocent People Based On Race, Religion

(AP)  Proposed rules to help the FBI catch terrorists could lead to innocent Americans being spied upon by government agents or informants "all without any basis for suspicion," a group of Democratic senators said Wednesday.

The rules, known as the attorney general guidelines, have not been approved or even publicly released yet, but four Democrats joined a growing chorus of lawmakers raising concerns after being briefed on what the guidelines say.

Among their fears: Americans could be targeted in part based on their race, ethnicity or religion - or free speech activities protected by the Constitution.

"As you know, attorney general guidelines were first implemented in the wake of the FBI abuses of the 1960s and 1970s, and serve as one of the most important bulwarks against future abuses," the senators said in a letter to Attorney General Michael Mukasey.

The four Democrats - Sens. Dick Durbin of Illinois, Russ Feingold of Wisconsin, Edward M. Kennedy of Massachusetts and Sheldon Whitehouse of Rhode Island - indicated they remained concerned even after assurances from officials during the Justice Department briefings.

The lawmakers asked Mukasey to hold off finalizing the rules to allow a public review.

"Given the importance of these guidelines, providing a period of time for public comment would be a reasonable and responsible way to move forward and achieve the best possible end result," the Democrats wrote.

Earlier this week, Senate Judiciary Chairman Patrick Leahy, D-Vt., and the panel's top Republican, Sen. Arlen Specter of Pennsylvania, also called for delaying the guidelines.

Justice spokesman Brian Roehrkasse said the department will review the requests. Citing remarks earlier by Mukasey about the new rules, the spokesman said an investigation would not be opened based solely on a person's race, ethnicity or religion.

"The guidelines will require all activities to have a valid purpose," Roehrkasse said, adding that the rules will "include robust and effective oversight measures."

The guidelines are expected to be finalized next week. They do not require congressional approval.

First reported last month by The Associated Press, the rules are intended to update policies governing investigations as the FBI shifts from a traditional crime-fighting agency to one whose top priority is protecting the United States from terrorist attacks.

Currently, the FBI must have evidence or allegations of wrongdoing before opening an investigation of U.S. citizens or legal residents from other countries. As described by some law enforcement officials, the new policy would let agents open preliminary terrorism investigations after mining public records and intelligence to build a profile of traits that, taken together, were deemed suspicious.

The officials, who spoke on condition of anonymity because they were not authorized to speak publicly about the rules, said factors that could trigger an inquiry would include travel to regions of the world known for terrorist activity and access to weapons or military training, along with the person's race or ethnicity.

Following their briefings, the four Democrats said the guidelines would:

Let the FBI use "a variety of intrusive investigative techniques" with no evidence of possible wrongdoing. The techniques could include: long-term FBI surveillance, interviewing neighbors and work-mates, recruiting informants and searching commercial databases for information on people "all without any basis for suspicion."

"We are particularly concerned that the draft guidelines might permit an innocent American to be subjected to such intrusive surveillance based in part on race, ethnicity, national origin, religion, or on protected First Amendment activities," the senators wrote.

Allow the government to collect foreign intelligence information inside the United States without current legal protections for U.S. citizens or legal residents. The senators noted that the broad term "foreign intelligence" would cover any information relating to the activities of a foreign government, organization or person.

Allow the information gathered to be broadly shared among government agencies. "We have serious questions about the scope of information sharing as it relates to U.S. persons who are under no suspicion of wrongdoing," the senators wrote.

[bobnjersey]

[By comparison to what other countries would do, or what we would have done 50 years ago, our response has been VERY mild.]
[Posted by clgl_fubar at 09:22 AM : Aug 21, 2008]

until they use these rules against you ... then you''ll have a different opinion.

[oldpilot954]

This is one case where I tend to side with the democrats. I am concerned about the loss of personal freedom in the USA. I see too many similarities in DHS to those other countries of history where dictators abused the citizenry.

[barbaram99]

Yes read the book 1984 on talking book years ago..I was appalled as it hinded one world govt.. Can it happen yes if allowed. I hated the book. Yer just subhuman in the book.

[shaggydo-2009]

We must continue to elect and support individuals of high moral character upon whom we can depend and whose lives are beyond reproach.


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Posted by figuy30 at 10:37 AM : Aug 21, 2008

If only we had used this guideline before the bush cheney fascist regime gained power and they collectively started stomping on what use to be our constitutional rights and freedoms.

[figuy30]

When we have the love of God in our hearts and kindness towards others, then we will not have to worry about anyone watching us. Bad manners corrupt good morals. We have the best government on earth here in the U.S. which, despite negatives, has always protected our freedoms collectively and individually. We must continue to elect and support individuals of high moral character upon whom we can depend and whose lives are beyond reproach.

[tootall10142]

yOU ARE RIGHT I DID GET THE DATES WRONG BUT IM FAR FROM A IDIOT.I AM A VETERAN AND ENJOY GOING TO THE MAIL BOX AND GETTING YOUR TAX MONEY.THANK YOU AND KEEP UP THE GOOD WORK.BY THE WAY WHY ARENT YOU AT WORK IM EXPECTING A RAISE AND NEED ALL OF YOUR INPUT TO MAKE SURE THE CHECK CLEARS.

[tootall10142]

Do you remember back in 1936? a small framed man of little known origin stated a small party and killed millions. Well his watch dogs were called KGB.Now they call it terrorist watch and recognition offices.You can dress that snake any way you want and you still have republican in disguise.

[winslowe1]

The Muslims sure hope the Democrats win the elections.

[allurfears]

"The telescreen received and transmitted simultaneously. Any sound that Winston made, above the level of a very low whisper, would be picked up by it; moreover, so long as he remained within the field of vision which the metal plaque commanded, he could be seen as well as heard. There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to. You had to live - did live, from habit that became instinct - in the assumption that every sound you made was overheard, and except in darkness, every movement scrutinised."
George Orwell, "1984"

"It was terribly dangerous to let your thoughts wander when you were in any public place or within range of a telescreen. The smallest thing could give you away. A nervous tic, an unconscious look of anxiety, a habit of muttering to yourself%u2014anything that carried with it the suggestion of abnormality, of having something to hide. In any case, to wear an improper expression on your face ... was itself a punishable offense. There was even a word for it in Newspeak: facecrime ..."
George Orwell, "1984"

[allurfears]

When the government is the repository for every detail of your life, every minor failing, every preference and interest, every bit about your family and friends, every tidbit about your private life- then you will know fear. However, by then it will be too late to do anything about it. This will be America in name only.

"When The People Fear The Government, There Is Tyranny; When The Government Fears The People, There Is Liberty. " -- Thomas Jefferson