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News :: Animal Rights : Civil & Human Rights : Government Secrecy : Protest Activity : Regime |
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"A pattern of overreaching by the Bush administration": F.B.I. Watched Activist Groups, New Files Show |
Current rating: 0 |
by Eric Lichtblau
(No verified email address) |
20 Dec 2005
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One F.B.I. document indicates that agents in Indianapolis planned to conduct surveillance as part of a "Vegan Community Project." Another document talks of the Catholic Workers group's "semi-communistic ideology." A third indicates the bureau's interest in determining the location of a protest over llama fur planned by People for the Ethical Treatment of Animals.
"It's clear that this administration has engaged every possible agency, from the Pentagon to N.S.A. to the F.B.I., to engage in spying on Americans," said Ann Beeson, associate legal director for the A.C.L.U.
"It's shocking and it's outrageous," Mr. Kerr said. "And to me, it's an abuse of power by the F.B.I. when groups like Greenpeace and PETA are basically being punished for their social activism." |
WASHINGTON, Dec. 19 - Counterterrorism agents at the Federal Bureau of Investigation have conducted numerous surveillance and intelligence-gathering operations that involved, at least indirectly, groups active in causes as diverse as the environment, animal cruelty and poverty relief, newly disclosed agency records show.
F.B.I. officials said Monday that their investigators had no interest in monitoring political or social activities and that any investigations that touched on advocacy groups were driven by evidence of criminal or violent activity at public protests and in other settings.
After the attacks of Sept. 11, 2001, John Ashcroft, who was then attorney general, loosened restrictions on the F.B.I.'s investigative powers, giving the bureau greater ability to visit and monitor Web sites, mosques and other public entities in developing terrorism leads. The bureau has used that authority to investigate not only groups with suspected ties to foreign terrorists, but also protest groups suspected of having links to violent or disruptive activities.
But the documents, coming after the Bush administration's confirmation that President Bush had authorized some spying without warrants in fighting terrorism, prompted charges from civil rights advocates that the government had improperly blurred the line between terrorism and acts of civil disobedience and lawful protest.
One F.B.I. document indicates that agents in Indianapolis planned to conduct surveillance as part of a "Vegan Community Project." Another document talks of the Catholic Workers group's "semi-communistic ideology." A third indicates the bureau's interest in determining the location of a protest over llama fur planned by People for the Ethical Treatment of Animals.
The documents, provided to The New York Times over the past week, came as part of a series of Freedom of Information Act lawsuits brought by the American Civil Liberties Union. For more than a year, the A.C.L.U. has been seeking access to information in F.B.I. files on about 150 protest and social groups that it says may have been improperly monitored.
The F.B.I. had previously turned over a small number of documents on antiwar groups, showing the agency's interest in investigating possible anarchist or violent links in connection with antiwar protests and demonstrations in advance of the 2004 political conventions. And earlier this month, the A.C.L.U.'s Colorado chapter released similar documents involving, among other things, people protesting logging practices at a lumber industry gathering in 2002.
The latest batch of documents, parts of which the A.C.L.U. plans to release publicly on Tuesday, totals more than 2,300 pages and centers on references in internal files to a handful of groups, including PETA, the environmental group Greenpeace and the Catholic Workers group, which promotes antipoverty efforts and social causes.
Many of the investigative documents turned over by the bureau are heavily edited, making it difficult or impossible to determine the full context of the references and why the F.B.I. may have been discussing events like a PETA protest. F.B.I. officials say many of the references may be much more benign than they seem to civil rights advocates, adding that the documents offer an incomplete and sometimes misleading snapshot of the bureau's activities.
"Just being referenced in an F.B.I. file is not tantamount to being the subject of an investigation," said John Miller, a spokesman for the bureau.
"The F.B.I. does not target individuals or organizations for investigation based on their political beliefs," Mr. Miller said. "Everything we do is carefully promulgated by federal law, Justice Department guidelines and the F.B.I.'s own rules."
A.C.L.U officials said the latest batch of documents released by the F.B.I. indicated the agency's interest in a broader array of activist and protest groups than they had previously thought. In light of other recent disclosures about domestic surveillance activities by the National Security Agency and military intelligence units, the A.C.L.U. said the documents reflected a pattern of overreaching by the Bush administration.
"It's clear that this administration has engaged every possible agency, from the Pentagon to N.S.A. to the F.B.I., to engage in spying on Americans," said Ann Beeson, associate legal director for the A.C.L.U.
"You look at these documents," Ms. Beeson said, "and you think, wow, we have really returned to the days of J. Edgar Hoover, when you see in F.B.I. files that they're talking about a group like the Catholic Workers league as having a communist ideology."
The documents indicate that in some cases, the F.B.I. has used employees, interns and other confidential informants within groups like PETA and Greenpeace to develop leads on potential criminal activity and has downloaded material from the groups' Web sites, in addition to monitoring their protests.
In the case of Greenpeace, which is known for highly publicized acts of civil disobedience like the boarding of cargo ships to unfurl protest banners, the files indicate that the F.B.I. investigated possible financial ties between its members and militant groups like the Earth Liberation Front and the Animal Liberation Front.
These networks, which have no declared leaders and are only loosely organized, have been described by the F.B.I. in Congressional testimony as "extremist special interest groups" whose cells engage in violent or other illegal acts, making them "a serious domestic terrorist threat."
In testimony last year, John E. Lewis, deputy assistant director of the counterterrorism division, said the F.B.I. estimated that in the past 10 years such groups had engaged in more than 1,000 criminal acts causing more than $100 million in damage.
When the F.B.I. investigates evidence of possible violence or criminal disruptions at protests and other events, those investigations are routinely handled by agents within the bureau's counterterrorism division.
But the groups mentioned in the newly disclosed F.B.I. files questioned both the propriety of characterizing such investigations as related to "terrorism" and the necessity of diverting counterterrorism personnel from more pressing investigations.
"The fact that we're even mentioned in the F.B.I. files in connection with terrorism is really troubling," said Tom Wetterer, general counsel for Greenpeace. "There's no property damage or physical injury caused in our activities, and under any definition of terrorism, we'd take issue with that."
Jeff Kerr, general counsel for PETA, rejected the suggestion in some F.B.I. files that the animal rights group had financial ties to militant groups, and said he, too, was troubled by his group's inclusion in the files.
"It's shocking and it's outrageous," Mr. Kerr said. "And to me, it's an abuse of power by the F.B.I. when groups like Greenpeace and PETA are basically being punished for their social activism."
Copyright 2005The New York Times Company
http://www.nytimes.com |
Copyright by the author. All rights reserved. |
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No President Is Above the Law |
by US Senator Robert C. Byrd
(No verified email address) |
Current rating: 0
20 Dec 2005
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Floor Speech
December 19, 2005
Senator Byrd on Monday expressed his strong concerns about possible violations of the Constitution in the Bush Administration's admitted practice of spying on American citizens:
Americans have been stunned at the recent news of the abuses of power by an overzealous President. It has become apparent that this Administration has engaged in a consistent and unrelenting pattern of abuse against our Country’s law-abiding citizens, and against our Constitution.
We have been stunned to hear reports about the Pentagon gathering information and creating databases to spy on ordinary Americans whose only sin is choose to exercise their First Amendment right to peaceably assemble. Those Americans who choose to question the Administration’s flawed policy in Iraq are labeled by this Administration as “domestic terrorists.”
We now know that the F.B.I.’s use of National Security Letters on American citizens has increased one hundred fold, requiring tens of thousands of individuals to turn over personal information and records. These letters are issued without prior judicial review, and provide no real means for an individual to challenge a permanent gag order.
Through news reports, we have been shocked to learn of the CIA’s practice of rendition, and the so-called “black sites,” secret locations in foreign countries, where abuse and interrogation have been exported, to escape the reach of U.S. laws protecting against human rights abuses.
We know that Vice President Dick Cheney has asked for exemptions for the CIA from the language contained in the McCain torture amendment banning cruel, inhumane, and degrading treatment. Thank God his pleas have been rejected by this Congress.
Now comes the stomach-churning revelation through an executive order, that President Bush has circumvented both the Congress and the courts. He has usurped the Third Branch of government – the branch charged with protecting the civil liberties of our people – by directing the National Security Agency to intercept and eavesdrop on the phone conversations and e-mails of American citizens without a warrant, which is a clear violation of the Fourth Amendment. He has stiff-armed the People’s Branch of government. He has rationalized the use of domestic, civilian surveillance with a flimsy claim that he has such authority because we are at war. The executive order, which has been acknowledged by the President, is an end-run around the Foreign Intelligence Surveillance Act, which makes it unlawful for any official to monitor the communications of an individual on American soil without the approval of the Foreign Intelligence Surveillance Court.
What is the President thinking? Congress has provided for the very situations which the President is blatantly exploiting. The Foreign Intelligence Surveillance Court, housed in the Department of Justice, reviews requests for warrants for domestic surveillance. The Court can review these requests expeditiously and in times of great emergency. In extreme cases, where time is of the essence and national security is at stake, surveillance can be conducted before the warrant is even applied for.
This secret court was established so that sensitive surveillance could be conducted, and information could be gathered without compromising the security of the investigation. The purpose of the FISA Court is to balance the government’s role in fighting the war on terror with the Fourth Amendment rights afforded to each and every American.
The American public is given vague and empty assurances by the President that amount to little more than “trust me.” But, we are a nation of laws and not of men. Where is the source of that authority he claims? I defy the Administration to show me where in the Foreign Intelligence Surveillance Act, or the U.S. Constitution, they are allowed to steal into the lives of innocent America citizens and spy.
When asked yesterday what the source of this authority was, Secretary of State Condoleezza Rice had no answer. Secretary Rice seemed to insinuate that eavesdropping on Americans was acceptable because FISA was an outdated law, and could not address the needs of the government in combating the new war on terror. This is a patent falsehood. The USA Patriot Act expanded FISA significantly, equipping the government with the tools it needed to fight terrorism. Further amendments to FISA were granted under the Intelligence Authorization Act of 2002 and the Homeland Security Act of 2002. In fact, in its final report, the 9/11 Commission noted that the removal of the pre-9/11 “wall” between intelligence officials and law enforcement was significant in that it “opened up new opportunities for cooperative action.”
The President claims that these powers are within his role as Commander in Chief. Make no mistake, the powers granted to the Commander in Chief are specifically those as head of the Armed Forces. These warrantless searches are conducted not against a foreign power, but against unsuspecting and unknowing American citizens. They are conducted against individuals living on American soil, not in Iraq or Afghanistan. There is nothing within the powers granted in the Commander in Chief clause that grants the President the ability to conduct clandestine surveillance of American civilians. We must not allow such groundless, foolish claims to stand.
The President claims a boundless authority through the resolution that authorized the war on those who perpetrated the September 11th attacks. But that resolution does not give the President unchecked power to spy on our own people. That resolution does not give the Administration the power to create covert prisons for secret prisoners. That resolution does not authorize the torture of prisoners to extract information from them. That resolution does not authorize running black-hole secret prisons in foreign countries to get around U.S. law. That resolution does not give the President the powers reserved only for kings and potentates.
I continue to be shocked and astounded by the breadth with which the Administration undermines the constitutional protections afforded to the people, and the arrogance with which it rebukes the powers held by the Legislative and Judicial Branches. The President has cast off federal law, enacted by Congress, often bearing his own signature, as mere formality. He has rebuffed the rule of law, and he has trivialized and trampled upon the prohibitions against unreasonable search and seizures guaranteed to Americans by the United States Constitution.
We are supposed to accept these dirty little secrets. We are told that it is irresponsible to draw attention to President Bush’s gross abuse of power and Constitutional violations. But what is truly irresponsible is to neglect to uphold the rule of law. We listened to the President speak last night on the potential for democracy in Iraq. He claims to want to instill in the Iraqi people a tangible freedom and a working democracy, at the same time he violates our own U.S. laws and checks and balances? President Bush called the recent Iraqi election “a landmark day in the history of liberty.” I dare say in this country we may have reached our own sort of landmark. Never have the promises and protections of Liberty seemed so illusory. Never have the freedoms we cherish seemed so imperiled.
These renegade assaults on the Constitution and our system of laws strike at the very core of our values, and foster a sense of mistrust and apprehension about the reach of government.
I am reminded of Thomas Payne’s famous words, “These are the times that try men’s souls.”
These astounding revelations about the bending and contorting of the Constitution to justify a grasping, irresponsible Administration under the banner of “national security” are an outrage. Congress can no longer sit on the sidelines. It is time to ask hard questions of the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of the CIA. The White House should not be allowed to exempt itself from answering the same questions simply because it might assert some kind of “executive privilege” in order to avoid further embarrassment. |
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