Senate Lawmakers Open To Extending FBI Director

By Philip Bunnell

FBI Director Robert Mueller appeared before the Senate Judiciary Committee on Wednesday to testify about his future at the agency. Earlier this year, President Obama asked Congress to sign off on another two-year term for Mueller, who will reach his ten-year tenure limit this year. 

While some civil liberty groups have expressed concern over the FBI’s increased surveillance during Mueller’s tenure, and others over the established precedent of ten year terms for FBI directors, the committee seemed warm to another two years for Mueller.

Committee Chairman Patrick Leahy (D-Vt.) said that he was “pleased that Republicans and Democrats have expressed support” for an extension. Al Franken (D-Minn.) raised some concerns over FBI surveillance, but also noted that the President called for Mueller to be extended to a time, “when [Obama] will not be president,” and thanked the Director for his service.

Mueller acknowledged that the surveillance had expanded under his tenure, but that rejected any allegations of abuse. Mueller did say that, initially, the agency did not execute National Security Letters in a constitutional way but quickly remedied that.

The committee’s top Republican, Chuck Grassley (R-Iowa), was more reluctant, but still supportive. 

Grassley cited J. Edgar Hoover, the controversial FBI director who headed the agency for over 40 years, as a reason that the extension should be considered carefully. However, Grassley continued, “against this backdrop, I joined as a co-sponsor of… a bill that would extend the term of the current FBI Director for two years.” 

Grassley later warned that although the bill had wide bipartisan support, “I have resisted efforts to simply pass it with minimal deliberation.”

Top Court: Ashcroft, Mueller Not Liable For Muslim Civil Rights Violations

By Jonathan Bronstein, Talk Radio News Service

Shortly after the September 11 terrorist attacks, the U.S. government allowed law enforcement officials to arrest people of “high interest” according to race, religion, or national origin, according to Javaid Iqbal, a Pakistani citizen who was placed in a maximum-security prison in early 2002.

Iqbal claimed that the government’s decision violated his civil rights and he sued former U.S. Attorney General John Aschcroft and Robert Mueller, then-Director of the FBI.

Today, the Supreme Court, in a 5-4 decision written by Justice Kennedy, ruled against Iqbal.

Kennedy wrote that Iqbal’s initial filings did not provide enough information to automatically find Ashcroft and Mueller responsible for the abuses he suffered while being held.

The case will now return to the lower courts, where Iqbal may have a chance to substantiate his claim that he was subjected to harsh conditions on account of his religion and nationality, and that Ashcroft and Mueller were the “principle architects” of this plan.

Four Justices dissented, and in an opinion written by Justice Souter agreed with the lower courts' findings that Ashcroft and Mueller did violate his civil rights and could therefore be held responsible.

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.

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.

FBI Director Confident Bureau is headed in the Right Direction

The House Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies interrogated FBI Director Robert Mueller on a number of issues pertaining to the progress of his department. Issues covered during the hearing were the FBI’s fiscal year 2009 budget request, the progress the FBI has made in counterintelligence, counterterrorism, and cyber security, and the methods the department uses to carry out their wide-spanning activities.

Mueller’s comments were met with both criticism and support by the members of Congress making up the panel conducting the hearing. The hearing was chaired by Congressman Obey (D-WI) who was particularly critical of the methodology used by the FBI to interrogate alleged criminals, and of the expensive budget Mueller hopes to receive.

Mueller’s defense of the large budget requested by the FBI was that the bureau needs money to recruit and train new employees, as well as to efficiently protect America. Director Mueller mentioned that the FBI is trying to crackdown on “white collar crime” and maintained that his department conducts its business legally.