The Obama administration has long been bumbling along in the footsteps
of its predecessor when it comes to sacrificing Americans’ basic rights
and liberties under the false flag of fighting terrorism. Now the Obama
team seems ready to lurch even farther down that dismal road than George
W. Bush did.
Instead of tightening the relaxed rules for F.B.I. investigations — not
just of terrorism suspects but of pretty much anyone — that were put in
place in the Bush years, President Obama’s Justice Department is getting
ready to push the proper bounds of privacy even further.
Attorney General John Ashcroft began weakening rights protections after
9/11. Three years ago, his successor, Michael Mukasey, issued rules
changes that permit agents of the Federal Bureau of Investigation to use
highly intrusive methods — including lengthy physical surveillance and
covert infiltration of lawful groups — even when there is no firm basis
for suspecting any wrongdoing.
The Mukasey guidelines let the bureau go after people identified in part
by race or religion, which only raises the danger of government spying
on law-abiding Americans based on their political activity or ethnic
background.
Incredibly, the Obama administration thinks Mr. Mukasey did not go far
enough. Charlie Savage reported in The Times last week that the F.B.I
plans to issue a new edition of its operational manual that will give
agents significant new powers to search law enforcement and private
databases, go through household trash or deploy surveillance teams, with
even fewer checks against abuse.
Take, for example, the lowest category of investigations, called an
“assessment.” The category was created as part of Mr. Mukasey’s
revisions to allow agents to look into people and groups “proactively”
where there is no evidence tying them to possible criminal or terrorist
activity. Under the new rules, agents will be allowed to search
databases without making a record about it. Once an assessment has
started, agents will be permitted to conduct lie detector tests and
search people’s trash as part of evaluating a potential informant. No
factual basis for suspecting them of wrongdoing will be necessary.
The F.B.I. general counsel, Valerie Caproni, said agents want to be able
to use the information found in a subject’s trash to pressure that
person to assist in a government investigation. Um, well, yes, that is
the problem. It only heightens concern about privacy, improper squeezing
of individuals, and the adequacy of supervision.
Currently, surveillance squads, which are trained to surreptitiously
follow targets, may be used only once during an assessment. The new
rules will allow repeated use.
They also expand the special rules covering “undisclosed participation”
in an organization by an F.B.I. agent or informant. The current rules
are not public, and, as things stand they still won’t be. But we do know
the changes allow an agent or informant to surreptitiously attend up to
five meetings of a group before the rules for undisclosed participation
— whatever they are — kick in.
The changes also remove the requirement of extra supervision when public
officials, members of the news media or academic scholars are
investigated for activities unrelated to their positions, like drug
cases. That may sound like a reasonable distinction, but it ignores an
inflated potential for politically motivated decision-making.
The F.B.I.’s recent history includes the abuse of national security
letters to gather information about law-abiding citizens without court
orders, and inappropriate investigations of antiwar and environmental
activists. That is hardly a foundation for further loosening the rules
for conducting investigations or watering down internal record-keeping
and oversight.
Everyone wants to keep America safe. But under President Bush and now
under President Obama, these changes have occurred without any real
discussion about whether the supposed added security is worth the harm
to civil liberties. The White House cares so little about providing
meaningful oversight that Mr. Obama has yet to nominate a successor for
Glenn Fine, the diligent Justice Department inspector general who left
in January.
Finally, Congress is showing some small sign of interest. Senator Jon
Tester, Democrat of Montana, has written to Robert Mueller III, the
F.B.I. director, asking that the new policies be scuttled. On Friday
afternoon, Senators Patrick Leahy of Vermont and Charles Grassley of
Iowa, the chairman and the ranking Republican member of the Judiciary
Committee, called on Mr. Mueller to provide an opportunity to review the
changes before they are carried out, and to release a public version of
the final manual on the F.B.I.’s Web site. Mr. Obama and Attorney
General Eric Holder Jr. need to listen.