FBI oversight ineffective; new investigation guidelines unclear

Multiple Congressmen expressed frustration at the inefficacy of FBI oversight as currently carried out by the House Judiciary Committee in a hearing today. FBI Director Robert Mueller was the sole witness. Chairman John Conyers (D-Mich.) opened the session complaining in an exasperated tone that the committee had not yet received a response to a September 5 letter asking about "the FBI’s anthrax investigation, disturbing revelations about the Bureau’s improper collection of information on reporters, the FBI’s approach to this country’s mortgage fraud crisis, and the expanded investigative and intelligence gathering powers resulting from the proposed Attorney General Guidelines concerning the FBI’s domestic operations."

Conyers and other congressmen elaborated in questions about why they wanted the Attorney General Guidelines (set to be made public in a few weeks), which Mueller said were still under review but which would unify the FBI's standards for starting investigations over different types of investigations. For example, the standards for when to open a criminal investigation are different from those used for national security investigations, and it is hoped that the new guidelines would make standards easier to follow. Congressman Artur Davis (D-Ala.), a former assistant U.S. Attorney, questioned Mueller about whether the new standards for opening an investigation would be lower than the standards police use for when they are allowed to stop and question a person (set out in the Terry v. Ohio Supreme Court decision of 1968). Mueller resisted the comparison, but Davis pointed out that the investigative activities carried out by the FBI are similar to those used by police. Mueller finally admitted that the standard has a lower threshold, so investigations could be opened without having reasonable suspicion based on "specific and articulable facts" that a person has committed, is committing, or is about to commit a crime.

Congressman Bill Delahunt (D-Mass.) expressed frustration at the committee's policy of allowing each congressman only 5 minutes for asking questions; "this format doesn't work," he said, pointing out that it was impossible to get deep into any issue in that time. He suggested the FBI could have experts in particular areas come testify, and on a more frequent basis than Director Mueller does. Mueller responded by saying that the committee will always be frustrated regardless of administration, as answers to questions must be vetted before being sent back. He also offered to come up to the hill at any time for briefings or discussions.

Congresswoman Maxine Waters (D-Calif.) asked Director Mueller about allegations that voters will be challenged at polling places if their homes have been foreclosed on. Mueller said he had not heard about that particular plan. He said the Department of Justice Civil Rights Division would investigate any such issue, though Mueller was unable to name the head of that division without the help of an aide. Mueller promised to follow up on making sure the Civil Rights Division knew about the problem, and Chairman Conyers assured Waters that Civil Rights Division head Grace Chung Becker would be testifying before the committee soon.

With information gathering, no rules apply

"Fusion centers" set up to share information and intelligence, offer common dangers for information sharing centers with no controls, no oversight and no structure, which then offers no protection on people's first amendment rights said the American Civil Liberties Union (ACLU) during a teleconference today on the growing role of local law enforcement in federal surveillance.

The ACLU, which released a report on state and local "fusion centers, " where intelligence and surveillance is shared with other jurisdictions and the federal government last year, released an update showing that the U.S. is constructing a de facto domestic intelligence system, even though Congress has never voted for the change in security agencies.

Jay Stanley, public education director with the ACLU, said that "fusion centers" are part of a much larger trent towards justification of keeping tabs on the everyday lives of everyday Americans. The ACLU is recommending an end to the "cloak of secrecy" surrounding "fusion centers" and for Congressional action.

Caroline Fredrickson, director of the ACLU Washington Legislative Office, called on Congress to have more oversight over "fusion centers." She said that Congress needs to step up and enact regulations and controls over centers in order to fix problems and protect citizens rights.

Report sheds light on the “most serious issues of our time.”

Members of the American Civil Liberties Union as well as Representatives Robert Wexler (D-Fla.) and Jerrold Nadler (D-N.Y.), chairman of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, met today to discuss the Department of Justice Inspector General’s report on the Federal Bureau of Investigation’s role in harsh interrogations conducted on detainees abroad. The report is expected to be released sometime today or tomorrow, according to the ACLU.

The DOJ Inspector General’s report has been in the works for about four years and its release has been long anticipated. The ACLU hopes the report will disclose the nature of the FBI’s involvement in the interrogations and what steps FBI officials took to try and stop the torture and abuse, and any new informations regarding the approval of torture for use during investigations. Congress requested the report after documents were released during litigation to enforce and Oct. 2003 ACLU Freedom of Information Act request for records concerning the treatment of prisoners in U.S. custody abroad.

Nadler hopes the report will investigate the administrations harsh use of interrogation like torture. “We now know that the instigation of torture were made at the highest level of government” and those who made the decision need to be held accountable. Nalder also offered criticism towards the FBI for the slow manner in which they acted on the complaints.

Rep. Wexler spoke about the lack of an open dialogue in Congress on the torture policy and believes that the report will “shed light on one of the most serious issues of our time.” Wexler believes that there needs to be a thorough investigation into the actions of the Bush Administration and the abuse of power and their lack of intention to engage in a meaningful dialogue with Congress about torture or any other substantive issue.

Balance of common goals and inherent tensions between the FBI and the media

FBI Director Robert Mueller spoke today at the National Press Club Luncheon on the common goals and responsibilities of both the press and the media to serve the public interest and to seek the truth. He said there is an inherent tension between the government and the media, but that this results in a free society. He said to be successful the FBI needs to be transparent, and that scrutiny from Congress, the public, and the press improves the FBI’s ability to protect the people, and promotes trust in the bureau.

Mueller said the media can “cast a wider net” into the public than the FBI, and provided examples of times the media and FBI working together. He said the media played a large role in crafting the image of the FBI, and that through the Top Ten Most Wanted program the media and public have helped capture over 450 criminals. He also said attention from the press on mortgage and internet frauds, as well as child predators, helps protect the general public.

Mueller also addressed other aspects of the FBI besides its relationship with the media. He said the roles of the FBI have changed in recent years due to globalization, technology, and never-ending news. He said though technology and threats change, the basic goal of serving the public remains the same. He said the FBI is working to keep up with technology, and is also creating outreach programs with Muslim communities to work together to prevent terrorist attacks. He said criminals and terrorists are using the same technology as the U.S., but for their own advantage, and that it is hard to prevent communication between terrorist organizations when such a broad and open internet exists.

Mueller said case loads in mortgage fraud have grown recently, and he speculates they will continue to rise. He also described a shift in institutional attitudes and cooperation in the intelligence community. He said the FBI and the CIA understand the need to exchange information between the two organizations to protect the public. Finally, Mueller said he became director of the FBI one week before Sept. 11, and that the attacks changed his perception of what needed to be done in the FBI. He said the bureau had to make difficult decisions at the time without all the information of who was responsible, and that their focus shifted toward preventing attacks rather than investigating events after they had occurred.

Who is watching the watchers?

The question before us today, is if the Federal Bureau is using its resources wisely and appropriately. At the House Judiciary Committee FBI Oversight Full Committee hearing on the FBI, Chairman John Conyers (D-MI) said there are serious concerns about the FBI wiretapping the voices of Members of Congress during the investigation into Congressman Renzi, and the point, he said, is that surveillance “of this nature” by necessity, raises serious constitutional questions- most notably the speech and debate clause. Can any member of Congress get their office broken into, he asked, and can any member of Congress have their phones tapped?

Although the terrorist threat seems as if it disappeared, Ranking Member Lamar Smith (R-TX) said, it is easy to become complacent about the need for intelligence gathering. But FISA is outdated, and Congress has no greater responsibility than to enact long-term, common sense legislation to modernize FISA. However, he said, we cannot lose sight of the FBI’s traditional crime-fighting responsibilities.

Congressman Gohmert (R-TX) quoted King David from the Bible, saying that without adequate accountability, there is a tendency to abuse power. The three sections of government were created that way to avoid the abuse of power, and who has the authority, he asked, to wiretap the FBI? Who, he said, is watching you?

FBI Director Robert Mueller testified that the cyber threat, and the intersection of home-grown extremists using the internet, is one of our greatest threats. Public corruption remains the FBI’s top priority, and he pointed out that the search of Congressional Offices is all done using legal resources, and under a search warrant.

There were quite a few questions on different topics, one of which was about child pornography. Director Mueller said the FBI is looking into the ability to record ISP addresses and keep a database in order to keep track of the perpetrators. Also brought forward was mortgage fraud, and Mueller said there are intense efforts being done within the FBI to investigate it.

Of a major concern was the resources the FBI would need to close “the wide open door” threats that are caused by the accessibility of the internet. Mueller said part of it is giving partial security to the net, and so last year they started a National Cyber task force, including DOD, NSA, and others, to address individual hackers and government hackers.