Justice Department eyes domestic spy role for local police
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http://latimesblogs.latimes.com/presidentbush/2008/08/terrorism-spyin.html


Bush administration proposes new role for local police in helping FBI

The proposed rule change was first set out for public comment on July
31, and drew little attention:

As law enforcement agencies, including local and state units, watch
for signs of terrorist activity, they could target groups as well as
individuals, and begin criminal intelligence investigations "based on
the suspicion that a target is engaged in terrorism or providing
material support to terrorists." And they could spread around the law
enforcement world the fruits of the investigation.

In short, it would move local police forces into the realm of
intelligence-gathering that had been the work of the FBI and other
federal agencies.

The proposed shift was noticed by the Washington Post, which reported
Saturday that the Justice Department's proposal "would make it easier
for state and local police to collect intelligence about Americans,
share the sensitive data with federal agencies and retain it for at
least 10 years."

The newspaper noted that the administration was in the process of
revising domestic intelligence-gathering in its waning months in
office, and would lock in policies for President Bush's successor,
completing the greatest expansion of executive branch authority since
the Watergate era.

Jim McMahon, deputy executive director of the International Assn. of
Chiefs of Police, was quoted by the Post as saying the changes would
"catch up with reality," updating rules from the early 1990s to the
post-9/11 world.

He said police agencies would still have to demonstrate a "reasonable
suspicion" that a target was involved in a crime before collecting
intelligence, the paper said.

But, it noted, Michael German, policy counsel for the American Civil
Liberties Union and a 16-year veteran of the FBI, said police
agencies could misunderstand it as allowing them to collect
intelligence "even when no underlying crime is suspected."

He cited as an example an investigation into a charitable donation to
a group later designated as a terrorist organization.

It risks turning police officers into "spies on behalf of the federal
government," he said.

-- James Gerstenzang

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