Lawless FBI Intelligence Gathering Practices By Stephen Lendman

Lawless FBI Intelligence Gathering Practices

By Stephen Lendman

04 February, 2011
Countercurrents.org

A new Electronic Frontier Foundation (EFF) report titled, "Patterns of
Misconduct: FBI Intelligence Violations from 2001 - 2008" based its
findings on nearly 2,500 FOIA-obtained document pages, revealing
"alarming (lawless) trends...."

They suggest far more frequent civil liberty violations than previously
known, including:

(1) grossly understated numbers;

(2) long delays between violations and reporting them;

(3) types of violations involved, including:

(a) investigative oversight;

(b) "abuse, misuse, or careless use of....National Security Letter (NSL)
authority;" FBI, CIA and other government agencies use them
(administrative subpoenas), demanding recipients turn over requested
information and remain silent; no probable cause or judicial oversight
is necessary;

(c) sidestepping constitutional, Foreign Intelligence Surveillance Act
and other legal principles; and

(d) complicity of ISPs, phone companies, financial institutions and
credit agencies, supplying unauthorized personal information without
their customers' knowledge or consent.

(4) flagrant ones, including false declarations to courts, supplying
bogus evidence to get indictments, and accessing protected documents
without warrants.

Officially less than 800 violations were reported. In 2007, a Department
of Justice Office of Inspector General (OIG) audit of only 10% of
national security investigations found around 3,000, most never
reported. A 2008 OIG audit discovered massive underreporting. EFF's
analysis confirmed "as many as 40,000 violations" from 9/11 through
2008.

In 1976, Gerald Ford established the Intelligence Oversight Board (IOB)
"with specific oversight responsibilities for the legality and propriety
of US intelligence activities." Since created, its work has been mostly
secret. After 9/11, it failed to report a single instance of
intelligence misconduct, and in 2008, Bush removed its ability to refer
violations to the Attorney General for criminal investigation or oversee
intelligence operations, effectively making it impotent. Obama changed
little, continuing lawless Bush practices.

Original guidelines were established to protect citizen constitutional
rights from intrusive, overreaching intelligence investigations. Yet EFF
found significant noncompliance, including the FBI violating its own
internal oversight national security protocols, proving it repeatedly
acts lawlessly. Ineffective oversight lets them get away with it.

Its NSL power abuses got much attention. Less covered, however, was "the
unwillingness of companies and organizations to guard their clients' and
users' sensitive, personal information" after receiving NSL requests,
whether legally justified or not. If the Bureau acted lawfully, most
would have been denied.

Violations of federal law governing criminal investigations and
intelligence gathering activities were especially unique, flagrant,
brazen and egregious, including willfully making false written
statements to courts, supplying bogus information to get indictments of
innocent people. Because of Bureau secrecy and coverup, it's impossible
to know the full extent of its lawlessness, how many people were harmed,
and for what reasons.

Yet from what's known, "the frequency and type of violations
revealed....are staggering." Minimally, greater accountability and
oversight are needed. While many hoped Obama would end Bush
administration practices, they've continued unabated so far. Moreover,
Congress refuses to act. As a result, FBI lawlessness persists,
breaching constitutional freedoms.

Stephen Lendman lives in Chicago and can be reached at
[email protected]. Also visit his blog site at
sjlendman.blogspot.com and listen to cutting-edge discussions with
distinguished guests on the Progressive Radio News Hour on the
Progressive Radio Network Thursdays at 10AM US Central time and
Saturdays and Sundays at noon. All programs are archived for easy
listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour/

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