Sep 12th, 2008
Posted by Amanda Simon, ACLU at 5:03pm	National Security, Technology and Liberty

Law Enforcement Goes Back to School This Fall (And, OMG, It's Totally Going to Flunk Civics!)

Well, we knew they were coming and we knew they'd be bad but we just didn't know how specifically and constitutionally repulsive they'd be. That all changed today. I'm talking about the new FBI guidelines. Yes. Those.

The ACLU and various other groups met with the FBI today to go over the guidelines which will govern investigations into, among other things, national security, civil disorders and demonstrations. What our people walked out with was a greater understanding of just how low the bureau intends to set the bar when it comes to beginning “assessments” (essentially the step before investigations). And it gets so much worse. Read our release for the dirty details.

(One funny little piece of the puzzle is that these guidelines will be put into place on October 1 and agents have already been trained. And this is when they bring in the groups that care about your privacy. Clearly, our opinion means a lot.)

Evidence? We don't need no stinkin' evidence! Putting the horse before the cart, agents will now be allowed to gather evidence before anyone asks them to produce evidence to justify the investigation they've ALREADY BEGUN. You know reasonable suspicion? Kiss it goodbye.

So, staring October 1, things FBI agents will be able to do with flimsy, little or possibly even no evidence:

• Begin surveillance
• Begin harvesting informants
• Conduct undercover interviews

Absolutely insane, right? Right. Does anyone else feel like the Bush Administration is going practically kamikaze before it gets booted out of the White House? They're practically daring Congress to pull out the big guns to shoot their policies down but, if you read this blog regularly, you can probably already guess that this Congress won't.

Mike German is our very own National Security Policy Counsel and a 16-year veteran of the FBI. He spoke about the guidelines earlier this week when he appeared with some other advocacy group representatives at the National Press Club for an event thrown by the American Constitution Society. You should take a look. He does a lot of the talking And he's a lot smarter than me.

Looking ahead — Next week, FBI Director Mueller will be testifying/explaining himself before both the House and Senate Judiciary Committees. Get out your Cracker Jacks — legislative double-header! Look for questions on NSLs and these pesky guidelines. There may be some live blogging going on so be sure to come on over and check it out.

Permalink |	National Security, Technology and Liberty

1. legend Says:
   Sep 12th, 2008 at 9:32pm

   You see, George Bush has been targeting one specific North Carolinian for years. He had his mason brother Jones Jr set up a backscatter x-ray at a non-descript ferry crossing near Legend's jouse, rattling his sabre and hoping this certain Legend would shut the f up. Well, you are reading him, and short of popping a cap in his ass, he'll be writing the lurid truth long after the new world order has been sent packing as the lying subversives they are. Never mind the detailed letter about Patriot Act abuse that Legend sent to the National Press Club titled "Dissemble", and Bush's 29 brotherly minute press conference where he then issued the grand hailing of distress 29 brotherly times before abruptly turning away, Bush is clearly every bit the raving idiot he has ever been, and the thought of his enemies pouring through his archives come January has his brothers in the intel services in attack mode, hoping to neutralize anyone who has ever wielded a pen against him so he can sleep SOMETIMES.
   Bush is a sad mess, and I just hope the Putin and he aren't punking the US and Russia into an agreed upon limited conflict in the Balkans to ensure we never have a peace dividend, and KBR can abscond with more no bid money, and others PALLETS OF UNACCOUNTABLE DOLLARS.
   Bush...a treasoner and criminal conspirator against democracy.

2. legend Says:
   Sep 12th, 2008 at 9:35pm

   DISSEMBLE, brothers. That's what you do if you assist the enemies of democracy.

3. legend Says:
   Sep 12th, 2008 at 9:38pm

   And investigations absent probable cause are poisoned fruit IN ALL COURTS. So ensure your ducks are in a row, lest you lose your effort to review.
   ON THE SQUARE means more than Bush can ever comprehend, and he has abandoned all lodges by his misconduct. We are all tainted by his actions...get him gone for all our sakes. He is crazy, clinically.

4. legend Says:
   Sep 12th, 2008 at 9:39pm

   TUBAL CAIN.

5. sandy valencour Says:
   Sep 19th, 2008 at 5:53pm

   Since Congress isn't doing their job and protecting the Constitution and Bill of Rights someone has to fight for the Amerian people. I have watched for years as our rights erode away little by little. Even the Supreme Court has failed as a representative for Americans. Everyone thought I was crazy because after 2 flights, I have refused to fly any place. I will picket the airlines til they remove these useless rules they can enforce.. My rights to enter a Federal Building has been interferred with and I have Federal I.D. My rights to cross the border in Mexico into the US, where my small purse was grabbed and gone through for no reason as the other agents knew who I was and told them to let me through and he refused. When asked where I was born and I replied, Seattle Washington, her replied, "WRONG!!! THE USA" and that was 1994. I have not gone back and won't. Please, we do have rights and I want them restored. A country run on fear is a country that has already lost everything. George Bush should be jailed for not upholding his oath of office and Congress, Cabinet and everyone else from secret service fbi,cia ALL FIRED

6. BeeGee Says:
   Sep 19th, 2008 at 6:05pm

   What am I missing here? How can the FBI unilaterally decide to do something that seems to violate Fourth Amendment guarantees against unwarranted search and seizure (with no probably cause). Does someone have to be arrested or something before this can be challenged as unconstitutional?

7. AT Says:
   Sep 19th, 2008 at 8:17pm

   All groups that opposed Cheney beware. This is a license from Karl Rove to the FBI to infiltrate these groups and cover up all the Republican operatives who have been fueling them (the FBI)

8. Laura Borst Says:
   Sep 19th, 2008 at 10:07pm

   These new guidelines for FBI investigations could lead to racial profiling and discrimination. They could also lead to violations of First Amendment rights. These new guidelines are very repressive. This could lead to an increased likelihood that the FBI might be used in political witchhunts. Democracy depends on people freely expressing themselves, revealing the abuses perpetrated by the government and other powerful entities in society. These new guidelines could suppress this very important process of revealing such abuses.

9. earthgirl Says:
   Sep 20th, 2008 at 8:42am

   Okay, short of writing to our reps in congress, what do you all suggest we do.

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