The
US Justice Department is considering a change in the grounds on which
the FBI can investigate citizens and legal residents of the United
States. Till now, DOJ guidelines have required the FBI to have some
evidence of wrongdoing before it opens an investigation. The impending
new rules, which would be implemented later this summer, allow bureau
agents to establish a terrorist profile or pattern of behavior and
attributes and, on the basis of that profile, start investigating an
individual or group. Agents would be permitted to ask "open-ended
questions" concerning the activities of Muslim Americans and
Arab-Americans. A person's travel and occupation, as well as race or
ethnicity, could be grounds for opening a national security
investigation.
The rumored changes have provoked protests from Muslim American and
Arab-American groups. The Council on American Islamic Relations, among
the more effective lobbies for Muslim Americans' civil liberties,
immediately denounced the plan, as did James Zogby, the president of the
Arab-American Institute. Said Zogby, There are millions of Americans
who, under the reported new parameters, could become subject to
arbitrary and subjective ethnic and religious profiling. Zogby, who
noted that the Bush administration's history with profiling is not
reassuring, warned that all Americans would suffer from a weakening of
civil liberties.
Attorney General Michael Mukasey's explained his rationale for revising
the rules: It's necessary to put in place regulations that will allow
the FBI to transform itself as it is transforming itself into an
intelligence-gathering organization.
When did Congress, or we as a nation, have a debate about whether we
want to authorize the establishment of a domestic intelligence agency?
Indeed, late last month Congress signaled its discomfort with the
concept by denying the FBI's $11 million funding request for its
data-mining center.
It is a mystery why the Department of Justice has not learned the lesson
that terrorists are best tracked down through good police work brought
to bear on specific illegal acts, rather than by vast fishing
expeditions. After Sept. 11, the DOJ called thousands of Muslim men in
the United States for what it termed voluntary interviews. Not a single
terrorist was identified in this manner, though a handful of the
interviewees ended up being deported for minor visa offenses. Once it
became clear that the interviews might eventuate in arbitrary actions
against them, the willingness of American Muslims to cooperate declined
rapidly, and so the whole operation badly backfired.
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