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US May Ease Police Spy Rules

by: Spencer S. Hsu and Carrie Johnson  |  The Washington Post

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A Justice Department proposal would grant broader spy powers to the police. (Photo: AP)

    The Justice Department has proposed a new domestic spying measure that 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 proposed changes would revise the federal government's rules for police intelligence-gathering for the first time since 1993 and would apply to any of the nation's 18,000 state and local police agencies that receive roughly $1.6 billion each year in federal grants.

    Quietly unveiled late last month, the proposal is part of a flurry of domestic intelligence changes issued and planned by the Bush administration in its waning months. They include a recent executive order that guides the reorganization of federal spy agencies and a pending Justice Department overhaul of FBI procedures for gathering intelligence and investigating terrorism cases within U.S. borders.

    Taken together, critics in Congress and elsewhere say, the moves are intended to lock in policies for Bush's successor and to enshrine controversial post-Sept. 11 approaches that some say have fed the greatest expansion of executive authority since the Watergate era.

    Supporters say the measures simply codify existing counterterrorism practices and policies that are endorsed by lawmakers and independent experts such as the 9/11 Commission. They say the measures preserve civil liberties and are subject to internal oversight.

    White House spokesman Tony Fratto said the administration agrees that it needs to do everything possible to prevent unwarranted encroachments on civil liberties, adding that it succeeds the overwhelming majority of the time.

    Bush homeland security adviser Kenneth L. Wainstein said, "This is a continuum that started back on 9/11 to reform law enforcement and the intelligence community to focus on the terrorism threat."

    Under the Justice Department proposal for state and local police, published for public comment July 31, law enforcement agencies would be allowed to target groups as well as individuals, and to launch a criminal intelligence investigation based on the suspicion that a target is engaged in terrorism or providing material support to terrorists. They also could share results with a constellation of federal law enforcement and intelligence agencies, and others in many cases.

    Criminal intelligence data starts with sources as basic as public records and the Internet, but also includes law enforcement databases, confidential and undercover sources, and active surveillance.

    Jim McMahon, deputy executive director of the International Association of Chiefs of Police, said the proposed changes "catch up with reality" in that those who investigate crimes such as money laundering, drug trafficking and document fraud are best positioned to detect terrorists. He said the rule maintains the key requirement that police demonstrate a "reasonable suspicion" that a target is involved in a crime before collecting intelligence.

    "It moves what the rules were from 1993 to the new world we live in, but it maintains civil liberties," McMahon said.

    However, Michael German, policy counsel for the American Civil Liberties Union, said the proposed rule may be misunderstood as permitting police to collect intelligence even when no underlying crime is suspected, such as when a person gives money to a charity that independently gives money to a group later designated a terrorist organization.

    The rule also would allow criminal intelligence assessments to be shared outside designated channels whenever doing so may avoid danger to life or property -- not only when such danger is "imminent," as is now required, German said.

    On the day the police proposal was put forward, the White House announced it had updated Reagan-era operating guidelines for the U.S. intelligence community. The revised Executive Order 12333 established guidelines for overseas spying and called for better sharing of information with local law enforcement. It directed the CIA and other spy agencies to "provide specialized equipment, technical knowledge or assistance of expert personnel" to support state and local authorities.

    And last week, Attorney General Michael B. Mukasey said that the Justice Department will release new guidelines within weeks to streamline and unify FBI investigations of criminal law enforcement matters and national security threats. The changes will clarify what tools agents can employ and whose approval they must obtain.

    The recent moves continue a steady expansion of the intelligence role of U.S. law enforcement, breaking down a wall erected after congressional hearings in 1976 to rein in such activity.

    The push to transform FBI and local police intelligence operations has triggered wider debate over who will be targeted, what will be done with the information collected and who will oversee such activities.

    Many security analysts faulted U.S. authorities after the 2001 terrorist attacks, saying the FBI was not combating terrorist plots before they were carried out and needed to proactively use intelligence. In the years since, civil liberties groups and some members of Congress have criticized the administration for unilaterally expanding surveillance and moving too fast to share sensitive information without safeguards.

    Critics say preemptive law enforcement in the absence of a crime can violate the Constitution and due process. They cite the administration's long-running warrantless-surveillance program, which was set up outside the courts, and the FBI's acknowledgment that it abused its intelligence-gathering privileges in hundreds of cases by using inadequately documented administrative orders to obtain telephone, e-mail, financial and other personal records of U.S. citizens without warrants.

    Former Justice Department official Jamie S. Gorelick said the new FBI guidelines on their own do not raise alarms. But she cited the recent disclosure that undercover Maryland State Police agents spied on death penalty opponents and antiwar groups in 2005 and 2006 to emphasize that the policies would require close oversight.

    "If properly implemented, this should assure the public that people are not being investigated by agencies who are not trained in how to protect constitutional rights," said the former deputy attorney general. "The FBI will need to be vigilant -- both in its policies and its practices -- to live up to that promise."

    German, an FBI agent for 16 years, said easing established limits on intelligence-gathering would lead to abuses against peaceful political dissenters. In addition to the Maryland case, he pointed to reports in the past six years that undercover New York police officers infiltrated protest groups before the 2004 Republican National Convention; that California state agents eavesdropped on peace, animal rights and labor activists; and that Denver police spied on Amnesty International and others before being discovered.

    "If police officers no longer see themselves as engaged in protecting their communities from criminals and instead as domestic intelligence agents working on behalf of the CIA, they will be encouraged to collect more information," German said. "It turns police officers into spies on behalf of the federal government."

    Civil liberties groups also have warned that forthcoming Justice Department rules for the FBI may permit the use of terrorist profiles that could single out religious or ethnic groups such as Muslims or Arabs for investigation.

    Mukasey said the changes will give the next president "some of the tools necessary to keep us safe" and will not alter Justice rules that prohibit investigations based on a person's race, religion or speech. He said the new guidelines will make it easier for the FBI to use informants, conduct physical and photographic surveillance, and share data in intelligence cases, on the grounds that doing so should be no harder than in investigations of ordinary crimes.

    Rep. Bennie Thompson (D-Miss.), chairman of the House Homeland Security Committee, said that updating police intelligence rules is a move "in the right direction. However, the vagueness of the provisions giving broad access to criminal intelligence to undefined agencies . . . is very troubling."

    ---------

    Staff writers Joby Warrick and Ellen Nakashima contributed to this story.

  

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Comments

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Citizens aren't terrorists.

Citizens aren't terrorists. Stop spying on us! If anything we should be surveilling the White House and Congress--those people are the REAL terrorists.

Why and to what end? It is

Why and to what end? It is not like there are terrorists at every corner. How many Americans have been arrested and charged and tried for terrorist activities? Besides Obama will repeal all these measures, including the Patriot Act. Yeah, really, well maybe, perhaps, hopefully? I never hear anyone asking Obama about the repeal of the Patriot Act.

A letter to the Editor can

A letter to the Editor can get you on a list for ten years, but they can't keep gun purchase records for more than three days. The NRA (No Rational Alternatives) is full of itself, and the Administration is just full of it.

Nothing original here -- we

Nothing original here -- we saw this with the Nazi Gestapo and the KGB (or whatever letters were used during the Soviet era). This administration's use of the concept "Homeland" smacks of the German "Heimatland." How much more Diktat-damage can/will they inflict in the next five months? What's left of the Constitution to defend? Can it even be rescued?

All the legislation/decrees

All the legislation/decrees regarding spying, intelligence gathering, wiretapping and "enhanced" interrogation flows from the 9/11 attacks. It is all, says the government, done to protect Americans against further "terrorist" attacks. However, the facts demonstrate that 9/11 was not carried out by Osama bin Laden and his rag-tag band of 19 CIA controlled Saudi patsies who just "happened" to circumvent the most highly developed security apparatus in the world. Rather, the facts point to government involvement at the highest levels. If we do not truly investigate 9/11 and bring charges against the perpetrators, we will become a fascist police state instead of a democratic republic.

They want to keep us safe

They want to keep us safe and the government wants to keep track of everything the citizens do. All of this from an administration that loves secrecy. They want to know what everyone else is doing, but don't want everyone to know what they are doing. I would suggest that we surveil Cheney, and Bush and all the neocons who got us into this endless , so called, war on terror. Lets keep them safely ensconced at Gitmo or Abugrab in those security crates and treat them to frequent water boarding sessions since they love torture so much. Perhaps then they might reconsider their penchant for "safety".

What is the president, and

What is the president, and his cronies afraid of? I'll bet they all sleep with the lights on! In a free country we don't spy on it's citizens. Stop it! If the current president and vice pres had any honor at all they would both resign due to crimes against the people. Indeed the White House and Congress are the real terrorists.....what a way to live life....not trusting anyone.

Osama Bin Laden is in

Osama Bin Laden is in Pakistan, not the United States.

This all was written down

This all was written down over 2000 years ago. Anyone paying attention can see it all be played out in the flesh this time too. I'm really not worried. For next year this land will be in such a mess, we the people will tell "them" what we want. I hope its a living wage we want, which will pay for health care, and a Home we can retire in!

The Real 800 Pound Gorilla

The Real 800 Pound Gorilla ... Bush economic policies have gutted much of the middle class. Many people are too busy trying to work to make ends meet to keep up on politics. Many will vote the way their "trusted" clergy tells them to vote anyway. We have another Republican lead-up to an economic disaster like the 1929 crash, Bush controls the media as Hitler did, there is much sabre rattling, and Bush has been granted the power to seize control of the entire government if there exists an "emergency" that only he defines. Oh yeah, he also controls the nukes. Soon we will enjoy a full police state. Can anybody guess what is going to happen next? Pelosi says that impeachment is off the table, yet our Constitution compels her to impeach the whole Bush crime family for crimes that are understandable to a child. When the "good guys" refuse to honor the rule established by our Constitution, they are no longer "good guys" ... they are co-conspirators. What force is behind all of this? We are swimming in religiosity by those who cannot apply basic morality to everyday life. All that we do is self-serving greed wrapped in a blanket of religion and labeled "god's work". Religion is nothing more than just another tax-free business. So many churches these days look more like "Six Flags Over Jesus" than a house of worship. I am sickened by those who are willing to destroy this country because a "Rapture" will have some deity sweeping up all the good people (like George W. Bush) and spiriting them away to heaven, very soon now. Corrupt politicians used gullible religious persons by offering a conduit through which their dogma might be proselytized on a national level. Has anybody read the Constitution? "... no religious test shall ever be required as a qualification to any office or public trust under the United States" it says. So how many admitted atheists hold public office or a public trust? Exactly. Life in these United States has been brought to you by the religious. I know of no atheist in public office, so I think it pretty accurate to conclude that what we have today, and all the misery we enjoy, has been brought to you exclusively by the religious. What religion has done to this country is remarkable and not in a "good way". Religious beliefs are unshakable truths that arrive sans proof or evidence, and often, lack a moral basis. Science is impugned as "it's ONLY a theory" despite mountains of proof and peer reviews. Yet when confronted by cancer, a brain tumor, or a simple infection, these hypocrites do not place their faith in the power of their god, they place their faith in the power of science. Instead of the religious deciding who should and should not receive birth control agents, I think atheists should decide whether or not any of the religious should receive medical care from those evil science people. Let a few million religious meet their god a little sooner and I think things might improve. If their god is truly omnipotent, petition his intervention through prayer when a cancer diagnosis comes forth. Let's see what the outcome is, shall we? Religion seems to be preparation for what comes after death. Whatever comes is part of the supernatural. I do not claim any insight into the supernatural and I would never dream of trying to influence what happens after death. I live in the natural world and it is governed by physical laws, some of which we are just beginning to understand rather completely. I agree to stay out of any activity that influences supernatural behaviors and I will not try to influence that laws that govern the supernatural. Would the religious please show me the same courtesy and stop meddling in things happening in the natural world? Religious mastery of the supernatural is no qualification as mastery of the natural world, my friend. The natural world is the domain of science and that which can be proved. The religious seem to believe that only they know what is best for me, solely because they believe it. Fact, justification, and due process is unnecessary for the religious. They know they are right because they believe it. No logic is required because logic is only applicable to the natural world. In the supernatural world, logic, apparently, holds no place of importance. Like I said ... we're doomed. The religious know better than me because they have "beliefs" and they control everything. I'll go vomit now.

These guys really have it in

These guys really have it in for the constitution don't they. COINTELPRO on steroids.

At present there are far too

At present there are far too few law enforcment resources going toward actually protecting us from criminals, and successfully prosecuting them. Let's not even talk about the resources required to actually solve the social problems that lead to so much of the violent crime in our country. I'm all for giving local law enforcement the resources they need to actually "protect and serve", for marshalling the resources to eradicate social injustice. But I really don't want to live under the KGB. Sadly, I'm not getting my way. ~~ Lane Baldwin - alifewithspirit.blogspot.com

Well, then, if "keeping us

Well, then, if "keeping us safe"is all that matters, why don't we just let them wander in and out of our houses, listen in on all of our phone calls, read our mail, and pick us up for "questioning" any time they feel like it? How far is too far in this effort to keep us safe? And, eventually, will we need protection from our protectors? Ask the folks who've been held in secret. Ask the guys in Gitmo who were whisked out of their country with no evidence against them but the testimony of a guy who was given a bounty for turning people in. Safe is what they're after? I think not.

Wow this is sooo George

Wow this is sooo George Orwell. Big Brother is watching us. Does this mean our police will receive special training? How will we know if they know what they're doing? An innocent person could be condemned for 10 years and not know it, except when they try to travel, or maybe this will affect them other ways as well. Does this mean we aren't allowed to express our opinions? I hope if Sen Obama gets into office common sense will start and all the mess chimpy left behind will be gone.

Just 'cause you're not

Just 'cause you're not paranoid, it doesn't mean they're not out to get you. Just 'cause you're paranoid, it doesn't mean they're not out to get you. Apparently, some of us aren't "getting" enough... and many of us are just not "getting it" about those of us or aspects of ourselves needing to lock down, look down on, or lock up... others Fear is contagious... And seems to be driving our (Homeland) bus - at what price? And to what destination or end? With what intention?

Wow this is sooo George

Wow this is sooo George Orwell. Big Brother is watching us. Does this mean our police will receive special training? How will we know if they know what they're doing? An innocent person could be condemned for 10 years and not know it, except when they try to travel, or maybe this will affect them other ways as well. Does this mean we aren't allowed to express our opinions? I hope if Sen Obama gets into office common sense will start and all the mess chimpy left behind will be gone.

Many members of the NRA are

Many members of the NRA are the ones writing the letters to the editor that dtroutma refers to. Instead of complaining about the NRA complain about the list. The FBI can't control themselves so don't expect them to restrain local police. The only reason this regime of Bushes fascists hasn't sent dissenters to reeducation camps is because of NRA and other groups gun owners. Count your blessings. Quit wasting your vote on those who would just continue to expand government intrusion policies i.e. Obama and McCain. Neither has any lack of compulsion on continuing the policy of turning the American populace into tax slaves. Check out Chuck Baldwin, the Constitution Party candidate at http://www.baldwin08.com Or Bob Barr, the Libertarian Party candidate at http://www.bobbarr2008.com Get involved, and make a difference!

We here in Spokane have had

We here in Spokane have had a series of police scandals including homicides by police, corruption, and spying scandals. The most interesting one in terms of surveillance and spying has to do with July 4, 2007 when a JTTF (Joiont Terrorism Task Force) operation in our former world's fair site, Riverfront Park, resulted in the arrest of 17 young people exercising their constitutional rights who were provoked by law enforcement. In the end, one protestor called the police bluff and took the matter to the court. In May 2008 minutes before the court hearing, the police came running into court with video evidence they had not produced in the 10 months since the incident. The young man, Michael Lyons, was acquitted when the judge properly threw the case out. And the outcome? For this year's July 4 celebration of freedom and independence the police, on authority unknown to the citizens of Spokane, mounted secret cameras in the park. Spokane is a very good example of a renegade police department. Certainly there are many around the country. Anyone looking to produce a profile of police departments which operate without citizen control and oversight should certainly look at the Spokane Police Department. Please check out the SpokanePoliceAbuses blog.

If you are paying attention,

If you are paying attention, you can trace the creep toward martial law and the full-fledged Police State on a weekly, if not daily basis. As it gains momentum, you can watch it turning from a snowball into an avalanche. I hope not, but the Democrat Convention looks like it has the potential to become an interesting exercise in martial law, just as Katrina was used by the fascists as a lab experiment for practicing martial--not incompetence, but a cold, cruelly crafted exercise under the cover of "incompetence". In Denver, you can probably count on enough police provocateurs to make sure that massive warehouse detention center does not go to waste. Again, I hope not, but the signs of increasing force and repression are all too obvious. With the orchestrated destruction of the middle class, as well as the chaotic thrashings of the U.S. War Machine on several fronts, I'm afraid something's about to blow.

Police state. Passports,

Police state. Passports, anyone?

Welcome to the Union of

Welcome to the Union of Corporate Capitalist Republics. I've been warning friends & relatives about this since the 80's but was told, "stop exaggerating." Altering the course will be difficult as there is only 1 Corporate War Party with 2 wings that can realistically win elections. In addition to the Libertarian and Constitution Party listed above, I would also suggest the Green Party as a true grassroots alternative. http://www.gp.org/index.php To be honest, it will take a broad alliance of citizens to challenge the rigged electoral system, and with the level of political "awareness" in a climate of propaganda and "dumbed-down" public life, I don't see that happening anytime soon.

Maybe they can also monitor

Maybe they can also monitor the people that are unable to put a sentence together correctly in the U.S. and trace that back to our lack of education. THEY say we need to focus on our children. Baloney. We need to focus on our teachers that teach the children. $60,000 base salary for every teacher. That will raise the quality overnight. Lack of education is the enemy - not he government.