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House committees take first step to reform NSA

3:28 pm in Uncategorized by Shahid Buttar

Last week, the House Judiciary and Intelligence committees approved a bill that would begin the process of restoring constitutional limits to dragnet government surveillance. While a praiseworthy step in the right direction, the progress to date remains both entirely too slow, and deferential to the intelligence agencies.

Congress should immediately pass the USA FREEDOM Act, and then get back to work to pass the further restrictions on NSA spying necessary to render it compliant with the First and Fourth amendments.

A limited reform package

Several observers have noted various ways in which the bill passed out of the committees last week leaves a great deal to be desired. The House committees watered down the bill’s provisions before approving it, undermining its ability to meaningfully restrain government spying.

For instance, the revised bill would fail to stop “back door searches,” through which the government targets Americans for surveillance while claiming to target foreigners in order to evade legal restrictions created in the 1970s after the agencies were caught spying on peaceful domestic social movements. In addition, the measure that would have created a public advocate to lend some legitimacy to the secret FISA court was scuttled. Instead, the court will retain discretion to appoint a panel of privacy advisors.

Finally, the revised bill fails to ensure transparency. Its public reporting requirements, watered down in committee, previously would have covered a number of domestic surveillance activities, including controversial National Security Letters long abused by the FBI.

This week, a coalition of 30 organizations wrote to Congress to address vulnerabilities where “several technical corrections and clarifications to the bill are required if Congress is to help ensure that the bill language is not misinterpreted and its stated goal of ending bulk collection is met.” Encyclopedic writer and analyst Marcy Wheeler questioned ”whether the bill will actually expose more kinds of US person records to the scrutiny of the NSA.” And Georgetown law professor David Cole said “the biggest mistake any of us could make would be to conclude that this bill solves the problem.”

Most fundamentally, Danielle Brian from the Program on Government Oversight said, “We cannot expect this bill to protect privacy and civil liberties while the public and Congress continue to be in the dark about the policies in practice.”

These concerns are all valid. Unfortunately, they’re just the beginning of the story.

Deferring to agencies despite a decade of secret crimes

Beyond particular concerns with changes wrought by Senate committees to the USA FREEDOM Act are a series of broader problems. Despite its welcome progress, the policy reform process reflects a troubling pattern of congressional deference to agencies and officials without any legitimate basis.

No senior intelligence agency official has confirmed even a single instance in which the NSA dragnet helped stop a potential terrorist attack. Multiple independent review panels have affirmatively reached the conclusion that NSA surveillance has never actually helped protect national security, despite the self-protecting statements of executive officials to the contrary.

Meanwhile, some of those very same officials have been caught red-handed lying to Congress, about matters as fundamental as whether the NSA is spying on millions of Americans. The Director of National Intelligence misled Congress, despite having advance written notice of that question, prompting several members of Congress to seek his appropriate prosecution for perjury.

Instead, the officials implicated in mass constitutional crimes all remain in place, and only after a year since learning the facts is Congress finally taking steps to restore the rule of law.

The proportionate response to the Snowden revelations would be to remove the entire senior leadership of the domestic intelligence agencies. The fact that the agencies’ leadership remains in place — despite the revelation of over a decade of unconstitutional surveillance that has poisoned our nation’s international relations and undermined our constitutional legacy, self-protecting lies to Congress, the misappropriation of public funds, and documented abuses of these programs facilitating potential domestic violence —renders suspect so-called policy “reforms” that ultimately defer to their interests.

Restoring a legitimate baseline for debate

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Cracks widen in the armor of the surveillance state

10:56 am in Uncategorized by Shahid Buttar

This article was originally published at the People’s Blog for the Constitution, the blog of the Bill of Rights Defense Committee.

NSA seal

Is the NSA’s armor cracking?

Members of Congress sensitive to constitutional limits on executive power have introduced no fewer than a dozen bills to curtail NSA spying. Most of them would do nothing to address the most recent disclosures from journalist Glenn Greenwald. Until the full scope of NSA spying is revealed to the public, congressional remedies for constitutional violations will remain insufficient.

Unfortunately, while Snowden’s disclosures may enable further facts to finally emerge about NSA abuses, transparency is generally waning despite President Obama’s rhetorical commitment to it.

The latest revelations of NSA domestic spying include new information about the government’s ability to intercept social network communications, email metadata and content, and other online content–all without a judicial warrant.

Beyond the particular details about Xkeyscore, however, lies a more disturbing implication: neither the press, nor the public, nor even Congress have any idea of the full extent to which the NSA is spying on Americans.

And if the latest results from the war on whistleblowers is any indication, each of these sectors will remain in the dark going forward, executive abuses will continue to mount, and our system of constitutional checks & balances will creak as executive secrecy continues to impede review from either Congress or the courts.

Congress legislating in the dark…

The same day that the Guardian revealed the NSA’s's ability to casually intercept online communications even in social networking applications like Facebook, Senate intelligence committee chair Dianne Feinstein (D-CA) revealed how little she knows about the operations of an agency she is charged to oversee.

Despite being described by the Washington Post as “chief congressional defender of the surveillance program to skeptical colleagues and critics who say it’s Big Brother run amok,” she wrote an op-ed in the Post pledging to “work with…the Senate intelligence and judiciary committees to consider changes to the NSA call-records program in an effort to increase transparency and improve privacy protections.”

While her interests in transparency and privacy are laudable, they are a day late, a dollar short, and dramatically out of step with her overwhelmingly principled (either libertarian or progressive, but rarely moderate) constituents. Most striking, however, are the gaps pervading Feinstein’s analysis.

First, she insists that NSA intelligence collection is limited to meta-data, and emphasizes the controls supposedly limiting access to the vast mountains of data collected under a particular program, Section 215 of the PATRIOT Act, implicated by the first document revealed by Snowden.

But that’s only a single program. The PRISM program, which was also revealed weeks ago, explicitly captures content, as does the XKeyscore program revealed just yesterday. Feinstein downplays the extent of surveillance even while calling for more transparency. As the longtime chair of the relevant Senate oversight committee, she should have a better grip on the facts.

At one point, Sen. Feinstein absurdly claims to “know of no federal program for which audits, congressional oversight and scrutiny by the Justice Department, the intelligence community and the courts are stronger or more sustained.”

The Senator’s self-assurance aside, yesterday’s Guardian article revealed that even corporate contractors were allowed access to real-time social network monitoring with neither executive nor judicial oversight of any kind, not even by the rubberstamp FISA court. If this is the zenith of transparency across the federal government, it would be interesting to learn what the Senator thinks secrecy looks like.

Other members of the Senate intelligence committee, such as Sen. Ron Wyden (D-OR), have posed tough questions to executive officials, only to be stonewalled by the administration and blocked from reviewing key facts that would help reveal the extent of domestic NSA surveillance.

Last week, in the first vote on domestic surveillance powers since the Snowden leaks, the House came only six votes short of defunding the NSA’s domestic’s spying activities entirely.

The surveillance state staved off a public vote of no confidence with a margin of just over 1%. And that was before the latest revelations of online and email surveillance even beyond what Congress knew about at the time.

The PATRIOT Act has never been popular among Americans despite its recurring reauthorization from a compliant Congress. Over 400 cities and towns across the country enacted resolutions opposing PATRIOT powers, in addition to eight states, all representing a wide diversity of political cultures.

Would Congress have ever approved these powers had their more recent abuses been anticipated years ago? If recent comments from PATRIOT’s author offer any indication, the answer is no.

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Killing us softly

1:48 pm in Uncategorized by Shahid Buttar

John Brennan - Caricature

John Brennan - Caricature

Why Holder’s letter carries little water

Last week, Senator Rand Paul (R-TX) forced a long overdue conversation in Washington about checks and balances on executive power. Yet few observers recognize the ultimate importance of his actions, or why the Senate’s confirmation of the new CIA director remained premature.

Prompted by Sen. Paul’s filibuster last Wednesday, Attorney General Holder wrote a letter the following day, acknowledging that our government lacks authority to execute Americans within the US without trial.

His concession is welcome, but must be taken with a grain of salt. It behooves observers to understand why, for several reasons, Holder’s statement may be less secure than we would ideally hope.

Accepting disclosure without investigation

Much of the controversy surrounding Brennan’s nomination concerned mere disclosure: whether the executive branch would let Congress read the administration’s legal analysis governing the targeted assassination program. President Obama apparently heard the message, admitting in his State of the Union address that more transparency is required.

The result proved underwhelming. One congressional committee received a single legal memo among several, which did not even purport to delineate the boundaries of the assassination program, but rather explored the use of deadly authority against a single target among several hundred who have been killed, including at least four US citizens.

Mere disclosure of some OLC memos to some Senators is insufficient.

Meaningful congressional oversight requires full access to all the legal memos, as well as active investigation of the underlying facts. It is not enough to simply read executive legal analyses paying lip service to constitutional values routinely violated on the ground.

The congressional intelligence committees, after all, were founded after robust investigations revealed widespread abuses by intelligence agencies, including the CIA, spanning decades and the terms of several presidents. Factual investigation has revealed more recent abuses, as well.

Last year, the Senate Intelligence Committee concluded a thorough investigation of torture, which produced a report recognizing torture as an international human rights abuse that ultimately undermined US national security by producing false intelligence, eroding pro American sentiment abroad, and helping our enemies recruit foot soldiers.

Yet, reflecting its pattern of embracing secrecy while claiming transparency, the Obama administration has refused to declassify the report. It is only because neither the press nor the public know the facts that irresponsible Hollywood fiction proved so problematic and controversial.

Forgotten in commentary on Brennan’s confirmation were some troubling details suggesting that, on both torture and drone strikes, transparency remains inadequate.

First, Senators had to fight tooth & nail to secure even the most minimal disclosure from the White House. Second, other congressional committees also sought access to the OLC assassination memos, but were denied.

Finally, beyond disclosure of the OLC’s legal memos are important questions about how the standards in them are applied to real facts. The Obama administration and CIA still refuse to answer congressional questions beyond the memos—such as, “How much evidence does the President need to determine that a particular American can be lawfully killed?” These questions are crucial, but Brennan’s confirmation could ensure that Congress receives few answers.

How the facts suggest elastic powers
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Clapper v Amnesty: Courts and Congress v Our Constitution

9:30 am in Uncategorized by Shahid Buttar

This article was originally published on the People’s Blog for the Constitution.

US Supreme Court

Tuesday’s decision by the Supreme Court in Clapper vs Amnesty Int’l reflects judicial formalism at its worst. The decision abandons fundamental rights and the courts’ constitutional mandate, while placing government agencies above the law, so long as they commit their abuses in secret.

Clapper is a constitutional travesty of the highest order, reflecting the erosion of privacy, judicial independence, and constitutional government all at once. By allowing executive secrecy to insulate violations from review, five Justices of the Supreme Court have effectively killed what shreds once remained of the Fourth Amendment.

Every American should be gravely concerned, and anyone who still considers America “the land of the free” should carefully reconsider their assumptions. Several elements of the decision are disturbing, especially when viewed in a broader context beyond the case itself.

Most obviously disappointing is the result of the ruling, not only for the plaintiffs, but also anyone who uses the phone system or Internet.

A scandal in plain sight

The Clapper saga started with the Foreign Intelligence Surveillance Act, which was first passed in the 1970s to restrict domestic spying by government agencies. It was prompted by decades of abuses by the FBI, CIA, and other agencies that Congress investigated and found conducting “a sophisticated vigilante operation aimed squarely at suppressing the legitimate exercise of First Amendment rights of speech and association,” including a documented government campaign to “neutralize” Martin Luther King, Jr. and other civil rights leaders.

In 2002, the Bush administration authorized the National Security Agency (the NSA) to begin a secret warrantless wiretapping program in clear violation of the FISA law. It remained secret, at one point prompting a dramatic intra-executive showdown and threats of a mass resignation by Justice Department officials under the Bush administration, until the New York Times exposed the program in late 2005.

Aside from generating an earthquake across Washington, the first results of the Times‘ expose included government threats to prosecute the journalists. Their only “crime” was exposing the public to an issue that should never have been secret in the first place.  While prosecutors thankfully opted not to prosecute Lichtblau & Risen, others continued to face prosecution for pursuing transparency in the public interest.

In the middle of the 2008 presidential election race, Congress amended FISA to permit what the original statute had been passed to prohibit. Rather than require the agency to comply with the long-standing law, however, Congress instead watered down the law to allow the agency’s abuses to continue.

Congress’ 2008 amendments to FISA doomed oversight. As the dissenting Justices in Clapper observed, the 2008 amendments allow NSA monitoring not only of agents of a foreign power, but also law-abiding Americans. Congress in 2008 also removed FISA’s original requirement for the NSA to identify specific targets and locations for surveillance, enabling the agency to conduct bulk collection, or dragnet surveillance. Finally, the 2008 amendments subsidized corporate crime, extending a corporate subsidy in the form of immunity from lawsuits alleging privacy violations, ensuring that telecommunications companies could continue facilitating unconstitutional surveillance without fearing lawsuits from a justifiably hostile public.

That was the context in which a group of activists, journalists, and lawyers among the most likely suspects for NSA surveillance filed suit.

Closing the courthouse doors

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What Do We Celebrate this July Fourth?

3:41 pm in Uncategorized by Shahid Buttar

When the United States championed democracy, freedom, and opportunity, it made sense to celebrate the Fourth of July.  But are we still promoting those values? If we are paragons of neither opportunity nor freedom, what exactly do we celebrate today?

Our Statue of Liberty bears an inscription welcoming the world’s “tired and poor…huddled masses yearning to breathe free.”  Our open arms which once greeted strangers (on whose backs our country was built), however, have been replaced by laws like Arizona’s SB 1070, copycat laws around the country, and the recent Supreme Court decision upholding provisions that encourage racial profiling. liberty crying Pictures, Images and Photos

Liberty itself is a fading memory, a lyric in an anthem that few Americans today understand, even as millions sing it at sporting events and during today’s holiday.

Robert Samuelson’s Is the U.S. a land of liberty or equality? reviews a duality within America’s political culture.  Samuelson writes that “Americans’ self-identity springs from the beliefs on which this country was founded,” including values of equality and liberty that often stand in tension.  He correctly notes that “in today’s politically poisoned climate, righteousness is at a premium and historical reality at a discount,” which in turns helps “explain[] why love of country has become a double-edged sword, dividing us when it might unite.”

While Samuelson’s observation of political dysfunction is compelling, his analysis is flawed. It examines a conflict between two values, neither of which is visible in today’s United States.

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The greatest casualty of 9/11: The America we knew

11:31 am in Uncategorized by Shahid Buttar

LibertyReflections on the 9/11 attacks are important and moving. But most overlook the enduring legacy of the attacks, in the form of the vastly greater damage done to American principles over the past decade. Whether in the context of surveillance, torture, or the congressional cowardice that has enabled them, our leaders have sullied the legacy of an America that once inspired the world.

Earlier this summer, when facing a crucial accountability moment for an agency that continues to abuse the rights of millions of Americans, members of Congress asked no tough questions, avoided controversy, and submitted to a White House proposal to entrench the FBI leadership—at the same time as they fought to the knuckles over issues that Congress created in the first place by spending the country into a fiscal black hole and absurdly cutting taxes in the midst of multiple wars.

Most astounding in all this is Congress’s apparent abandonment of its own institutional interests. Even in the face of documented lies by the FBI’s leadership to congressional committees and repeated proof that Congress, the press, and the public are hearing only tiny slices of the whole truth, Congress has failed to use its many tools to seek transparency and investigate executive abuses.

There was a time that America’s leaders took seriously their oaths to defend the Constitution by conducting aggressive oversight of executive agencies. A generation ago, for instance, the Church and Pike Committees investigated many of the same practices that have recurred in the past decade. The failure of their successors in Congress threatens the future of democracy in America and reflects a disturbing pattern of congressional submission to executive power.

Congress began lining up to defend executive abuses in the face of public criticism soon after the 9/11 attacks. Special registration requirements, the PATRIOT Act’s draconian surveillance powers, unprecedented authorities to arbitrarily—and indefinitely—detain individuals on the mere basis of accusation, and major revisions to the FBI Guidelines all generated little debate in Congress.

And while we might find comfort in the hope that a counter-movement would emerge, that hope is misplaced. Despite running on a platform announcing that the “choice between liberty and security” was “false,” the Obama administration has continued—and even expanded—the Bush administration’s surveillance and secrecy. And by reversing course on accountability for torture, the Obama administration affirmed that criminals with enough political connections would receive judges’ robes rather than prison terms.

Even when ordered by multiple courts to release evidence of detainee abuse, the White House refused. In fall 2009, in the midst of a year-long battle to extend healthcare to 42 million underinsured Americans, Congress took less than a week to change the law at the Obama administration’s request so that evidence of the Bush administration’s abuses would remain hidden from the public. This, after abandoning Obama’s original nominee to lead the Office of Legal Counsel at the Justice Department because she favored applying the law equally to all accused criminals, regardless of their political position.

Leave aside that hiding evidence of detainee abuse places our soldiers at risk abroad by driving the recruitment efforts of violent extremists and effectively inviting our enemies to treat our troops in the same inhumane way. Ignore the 2.3 million Americans rotting behind bars—25 percent of the world’s prisoners, in the nation that claims to lead the free world—while politically connected criminals enjoy power, prestige, and even lifetime judicial office. Forget about the sacrifices of the soldiers who gave their lives in WWII to usher in a lost era of peace, or how human rights precedents that our nation established in Nuremberg have been wrecked by our unwillingness to pursue uncomfortable truths.

Think instead about how the Freedom of Information Act (FOIA) came to be: through controversy stoked by grassroots activists who broke into an FBI office and elite critics who used their findings to spark a two-year congressional investigation documenting heinous abuses by FBI and CIA officials. The FOIA stood for 40 years, but when courts interpreted it to require the revelation of Pentagon crimes, Congress quickly joined President Obama to change the law. “Move along. Nothing to see here…”

Think about why the CIA destroyed videotapes documenting torture. And then remember the debate in the wake of Osama bin Laden’s elimination over whether to revive torture, even though the Defense Department said it was unhelpful and claimed to have ended the practice.

The American people voted in 2008 for change, including restoring constitutional protections against unchecked secret dragnet surveillance and accountability for human rights abuses. The abject failure of our government to reflect that mandate reflects how perverted our republic has grown. For a project that took two and a half centuries to build, the past decade has been catastrophic for democracy in America. When future generations look back on our failures, the attacks of a decade ago will be the least of their concerns.


Ten years ago on September 11, 2001, the United States suffered the worst terrorist attack in the nation’s history. In the panic of the weeks that followed, the American government began changing its counterterrorism policies in ways that undermined constitutionally guaranteed civil liberties, culminating in the passage of the USA PATRIOT Act on October 26, 2001. Within two weeks of that law’s passage, on November 10, 2001, organizers in Massachusetts founded the Bill of Rights Defense Committee to fight against that dangerous law and others that followed.

To mark the tenth anniversary of these pivotal events in American history and of our organization itself, the Bill of Rights Defense Committee is running a series of articles looking back on the last ten years. This post is part of that series.

Out of the Frying Pan and Into the Fire: Why the FBI Needs New Leadership

8:15 am in Uncategorized by Shahid Buttar

FBI Director Robert MuellerThe last ten years have witnessed an assault on the constitutional rights of law-abiding Americans, led largely by the FBI. Appointed mere days before the 9/11 attacks, Director Robert S. Mueller III has guided the bureau through the resurrection of many long discredited practices from its COINTELPRO era. Yet, the Obama administration has proposed extending Mueller’s term as FBI director. Congress should reject the proposal and insist on a nominee from outside the bureau to restore accountability, law and order. Just ask Nick Merrill in New York, Joe Iosbaker in Chicago or Ahmadullah Niazi in Los Angeles: three law-abiding Americans whose constitutional rights are among the casualties of the last decade.

The last time Congress extended the term of FBI director was in 1972, to keep J. Edgar Hoover in office. Years later, when the Church and Pike committees finally exposed the notorious counterintelligence program (aka COINTELPRO), Congress discovered that Hoover presided over severe abuses for decades.

During the era of Hoover and COINTELPRO, the FBI’s most famous target was Dr. Martin Luther King Jr., who the bureau targeted with a smear campaign aiming to split up his marriage and drive him to suicide. The National Association for the Advancement of Colored People was accused—without evidence—of subverting the state, as were activists promoting Puerto Rican independence, an end to the war in Vietnam, women’s rights and civil rights for racial minorities including Native Americans and African-Americans. According to the US Senate:

Many of the techniques used would be intolerable in a democratic society even if all of the targets had been involved in violent activity, but COINTELPRO went far beyond that … the bureau conducted a sophisticated vigilante operation aimed squarely at preventing the exercise of First Amendment rights of speech and association.

Repeating errors from Hoover’s discredited era hardly offers hope to restore law and order to the FBI. Given the bureau’s history as a recidivist agency notorious for recurring abuses of civil rights, why has the president proposed to extend the director’s term for the first time in nearly 40 years?

According to The Washington Post, the administration simply failed to get its act together in time: “The president’s request that Congress tinker with the 10-year term limit sets a bad precedent…. It may be the path of less resistance to retain an FBI director…. But staffing an administration on schedule is part of the president’s job.” Sen. Chuck Grassley (R-Iowa) agreed that the proposed extension would be “a risky precedent to set. Thirty-five years ago, Congress limited the FBI director’s term to one 10-year appointment as an important safeguard against improper political influence and abuses of the past.”

The Post is correct that the proposed extension threatens the “integrity of the bureau,” and Grassley is right that the precedent is dangerous—although both ignored the bureau’s mounting failures and abuses. The president’s proposal appears only worse when placed in the context of Mueller’s tenure.

Don’t take my word for it. According to my colleagues at the American Civil Liberties Union, “the FBI’s significant misuse of its authorities under the USA PATRIOT Act and the Foreign Intelligence Surveillance Act, the infiltration of mosques, the abuse of the material witness statute, the FBI surveillance of peaceful groups with no evidence of criminal wrongdoing and the mishandling of the FBI watch list have raised significant civil liberties concerns” during Mueller’s tenure. Similarly, a coalition of 46 civil rights organizations wrote to Congress last year, arguing that:

In considering the potential necessity of legislation to protect civil rights and civil liberties, Congress should not grant [FBI policies] artificial legitimacy, nor should the bureau be afforded credibility that it has not only failed to earn, but actively undermined…. [T]he Chairman of the House Judiciary Committee called for the FBI’s General Counsel to be replaced…. As a repeat offender, the bureau is long overdue for intervention by Congress.

When the Senate Judiciary Committee questioned the FBI director about the bureau’s surveillance activities, Mueller essentially lied to Congress, covering his tracks with a private letter to some senators admitting abject lawlessness and disclaiming any meaningful limits on the bureau’s authority. These violations are offensive in themselves; failing to accurately answer crucial Congressional questions in order to evade accountability is even worse.

Each of these problems, alone, is enough to demand change, rather than continuity, at the FBI. Taken together, they indicate a mounting constitutional crisis screaming out for the “change we can believe in” that the president promised three years ago.

Let’s start with the PATRIOT Act. Among other things, PATRIOT expanded national security letters (NSLs): administrative subpoenas immune from review, checks, or balances, demanding private records (often from third parties) while gagging the recipients and preventing disclosure to the public, press or Congress.

Beyond violating the privacy and Fourth Amendment rights of their targets, NSLs also violate the rights of recipients, such as Merrill, an Internet service provider in New York City silenced by the threat of prosecution for simply raising his voice about a letter he received demanding a customer’s private information.

The Justice Department’s internal watchdog has repeatedly examined the FBI’s use of NSLs. Every time, the inspector general documented pervasive, systemic—and even ongoing and expanding—violations by the bureau. The PATRIOT Act dramatically expanded the FBI’s powers, but under Mueller’s leadership, the bureau exceeded even those, repeatedly breaking the few remaining limits guarding the constitutional rights of law-abiding Americans.

And that’s just the beginning. Perhaps to justify its expanding budget in a time of fiscal crisis, the FBI has generated numerous fake “terrorist plots.” The Bureau’s modus operandi has been to recruit ex-convicts, give them huge sums of cash to bribe con men and then train and equip those targets for months (or even years) to commit fake attacks before making dramatic arrests amid sycophantic media fanfare.

In Newburgh, a depressed post-industrial town in upstate New York, the bureau offered tens of thousands of dollars each to four mentally unstable con men (including a schizophrenic and a heroin addict), whose worst real offense appears to be fraud, rather than the bomb plot of which they were ultimately convicted. Sending paid government informants to initiate violent plots presumes the guilt of entire communities on the basis of association and multiplies that offense by profiling according to race, religion or ideology.

Even beyond civil liberties, the strategy is an abject national security failure: profiling overlooks potential threats outside the profile, alienates affected communities, undermines opportunities to gain human intelligence and even encourages the violent extremism that the bureau claims to prevent. Even worse, the strategy does nothing to address real sources of potential terrorism.

In drug investigations, law enforcement agents routinely target producers or distributors—rather than consumers—because prosecuting consumers does nothing to actually reduce the supply of drugs. But under Mueller, the FBI’s counterterrorism efforts have ignored producers (those who propose real plots) and distributors (who recruit others to execute them) to settle for prosecuting consumers of terrorism—and fake ones, at that.

It gets worse. Emboldened by a Supreme Court decision last spring, the FBI began a political witch hunt last fall targeting dozens of peace and labor activists in Chicago and Minneapolis. The raids and secret grand jury investigations not only offend the First Amendment, but also reflect the kind of abuse for which the bureau grew infamous under the leadership of J. Edgar Hoover.

Finally, the bureau has enmeshed itself in the business of immigration enforcement, by supplying to Immigration and Customs Enforcement pre-conviction arrest data from local police departments around the country—even over the objections of local governing bodies. By supporting the Secure Communities program, the FBI is playing a key role going forward in undermining public safety and enabling a continuing “humanitarian crisis” in immigrant communities.

Like the now-infamous J. Edgar Hoover, Mueller has received widespread praise during his tenure for the bureau’s supposedly effective work under his leadership. It took a two-year Congressional investigation and tens of thousands of pages of records and testimony for the FBI’s dramatic abuses under Hoover to finally come to light. Mueller is no different; he has received praise from the administration and the Hill only because the FBI cloaks itself in secrecy, and the many communities raising their voices have been silenced by a mainstream press that has uncritically accepted the official narrative.

Rather than extend Mueller’s term, Congress should insist on a nominee from outside the bureau and heed the calls of former agents who have recommended “[a] wide-ranging Congressional investigation of the sort conducted by the Church Committee,” to uncover further abuses that remain secret. If Congress wants to pass legislation involving the FBI, rather than extend Mueller’s term, it should impose a legislative charter to restore law to a lawless domestic intelligence agency that has, yet again, run amok.

Creative Commons LicenseThis work, originally published by Truthout, is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.