NCJ Number
53501
Date Published
1978
Length
37 pages
Annotation
RECOMMENDATIONS FOR CHARTER LEGISLATION APPLYING TO THE FEDERAL BUREAU OF INVESTIGATION ARE DISCUSSED.
Abstract
TO DEFINE THE PROPER ROLE OF THE FEDERAL BUREAU OF INVESTIGATION (FBI) IN A FREE SOCIETY, CHARTER LEGISLATION HAS BEEN STUDIED BY THE SENATE JUDICIARY COMMITTEE. THE CHARTER, ONCE ENACTED, WOULD LIMIT THE INVESTIGATIVE JURISDICTION OF THE FBI, WITH PARTICULAR EMPHASIS ON THE AUTHORITY TO CONDUCT DOMESTIC INTELLIGENCE OPERATIONS WHICH SEEK TO SUPPRESS POLITICAL EXPRESSION RATHER THAN EFFECT CRIMINAL PROSECUTIONS. A CLEAR DISTINCTION IS PERCEIVED BETWEEN DOMESTIC SECURITY INVESTIGATIONS, AND COUNTERTERRORISM EFFORTS, WITH OPERATIONS AGAINST RADICAL POLITICAL GROUPS BELONGING IN THE LATTER CLASSIFICATION AND RIGHTFULLY OUTSIDE THE SCOPE OF FBI INTEREST. ALTHOUGH THE CHARTER REFORMS ARE CONSIDERED CONTROVERSIAL, THEY ARE BELIEVED TO REFLECT A WISE PUBLIC POLICY OF PROTECTION FOR FUNDAMENTAL LIBERTIES, AND FACILITATION FOR EFFECTIVE LAW ENFORCEMENT. THE NEED FOR CONTROLS OVER DOMESTIC SURVEILLANCE OPERATIONS IS DEMONSTRATED IN AN EXAMINATION OF THE CASE LAW WHICH DOCUMENTED SYSTEMATIC ABUSES OF POWER BY THE INTELLIGENCE AGENCIES. DOMESTIC SURVEILLANCE IS FELT TO BE USELESS IN THE PREVENTION OF TERRORISM, AND FEAR OF TERRORIST ACTIVITY IS NOT SEEN AS JUSTIFICATION FOR INTRUSIVE GOVERNMENT ACTION. THE INEVITABLE RESULT OF DETERRING PUBLIC DISSENT IS THE VERY EVIL WHICH THE GOVERNMENT OUGHT TO PREVENT RATHER THAN UTILIZE; AGENCIES SHOULD NOT VIOLATE THE RIGHTS OF FREE SPEECH AND FREE ASSEMBLY. PREVENTIVE INTELLIGENCE OPERATIONS ARE VIEWED AS COUNTERPRODUCTIVE, RESULT IN VERY FEW ARRESTS AND CONVICTIONS AND FAIL TO PREVENT VIOLENCE. A CHANGE OF EMPHASIS FOR THE FBI IS PROPOSED WHICH WOULD CONCENTRATE THE BUREAU'S EFFORTS ON ILLEGAL CONDUCT, NOT ON POLITICAL DISSENT, AND INCLUDE THE USE OF WARRANTS FOR INTRUSIVE ACTIVITIES. FOOTNOTES ARE PROVIDED. (TWK)