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717 Second Street NE * Washington, DC 20002 * (202) 546-3000 * Fax (202) 543-5605
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June 20, 2002<\/p>\n
Chairman F. James Sensenbrenner, Jr.
U.S. House of Representatives
Committee on the Judiciary
2138 Rayburn House Office Building
Washington, DC 20515<\/p>\n
Dear Chairman Sensenbrenner:<\/p>\n
On behalf of a broad coalition ranging from conservative, religious, libertarian and other organizations, we want to congratulate you for taking the initiative to protect our Constitutional rights and liberties regarding the recent decision of the Attorney General to loosen the guidelines restricting the surveillance of religious and political organizations in the United States. <\/p>\n
Given the Federal Bureau of Investigation’s actions under the old guidelines, we are concerned that the new era will usher in an invigorated campaign against lawful dissent and religious expression. <\/p>\n
During the previous Administration, the American people witnessed an FBI that routinely overstepped the boundaries of its authority by eroding the Fourth Amendment protections against unreasonable search and seizure. Under Attorney General Reno, the FBI targeted religious groups as well as pro-life and pro-Second Amendment organizations and labeled them as likely to commit acts of terror. That created a mindset within the agency that those who previously have stood for American ideals, are now seen as potential terrorists.<\/p>\n
In 1999 the FBI released a report to all state and local law enforcement authorities entitled \u201cProject Megiddo.\u201d The report aimed at increased surveillance of individuals and groups \u201cwho profess an apocalyptic view of the millennium or attach special significance to the year 2000.” This was a clear example of unwarranted surveillance of those citizens who profess strong religious beliefs, oppose United Nations policies, are pro-Second Amendment or pro-life.<\/p>\n
A product of the Project Megiddo report was the FBI’s Joint Terrorism Task Force flyer put out by the Phoenix office a few years ago instructing law enforcement officers to report individuals who are \u201c’defenders’ of the US Constitution against federal government” and others.<\/p>\n
Unfortunately, even under a new administration, the same mindset exists within the FBI. That mindset revealed itself after the horrific events of September 11th when Attorney General Ashcroft and FBI Director Robert Mueller announced sweeping new changes within the agency. What that meant and what it should have meant are very different. It should have meant a change from the \u201cReno mindset\u201d within the FBI to a more traditional mindset where the real suspects are targeted as opposed to innocent American citizens.<\/p>\n
We understand that law enforcement is under pressure to prevent terrorism from ever again occurring on American soil but to toss out our Constitutional rights must not be the way to proceed. The lower standards for surveillance of religious activities and political expression has the effect of casting a wider net for information when most analysts cite the inability to analyze the available information as contributing to the intelligence failure regarding the tragic events of September 11th, 2001. The emphasis now should be on the processing of information into meaningful analysis and a more directed focus of accurate information gathering. More importantly, conclusions must be based on the information gathered rather than information gathered to fit already drawn conclusions.<\/p>\n
The First and Fourth Amendments and the system of checks and balances established in our Constitution should not be undermined under the guise of mendacious explanations for failure. We are concerned that lowering the surveillance standards would cause such a system of checks and balances to implode. “If it looks bad, it’s bad for the FBI” is a motto that invites trouble and after September 11th and the negative press that the agency has endured, it is also one that will undoubtedly be taken more seriously. The new guidelines should explicitly prohibit agents from acting outside the boundaries of the law in order to apprehend or persecute a suspect, however innocent, in order to make the agency look effective. There should be no objection to a specific prohibition on investigators acting as agents provocateur or encouraging others to violate the law in order to make cases that would not otherwise have existed.<\/p>\n
Furthermore, since the changes only apply to domestic guidelines and not foreign, these changes would have done nothing to prevent the horrific events of September 11th had they been in place. However they will target American citizens when, in fact, surveillance efforts ought to be focused on foreign1<\/A><\/SUP> nationals and visitors to the U.S.<\/p>\n We would be happy to work with you and your staff on this issue. If you would like, please contact J. Bradley Jansen at the Free Congress Foundation at 202-204-5324 or by email at bjansen@freecongress.org.<\/p>\n Sincerely,<\/p>\n Lisa Dean William J. Murray Larry Pratt Grover Norquist Steve Dasbach Jane Orient, MD Charles H. Cunningham James Cox Connie Mackey Jerry Berman Amit A. Pandya Joe Eldred Larry Cirignano, Esq. Katherine Albrecht Alex Koroknay-Palicz Chuck Muth James Landrith F. Paul Valone Scott Weinberg Telly Lovelace Frances B. Smith Christopher Whalen The Whalen Consulting Group New York<\/p>\n Kathryn Serkes David R. Burton James Boucher Steven C. Smith Michael H. Smith, Kat DeBurgh Doug Stiegler Mike Fellows Lee Kershner, Member Michael D. Ostrolenk Galen E. Alexander Gerry Poulos William Riley <\/p>\n <\/p>\n
Vice President for Policy
Free Congress Foundation<\/p>\n
Chairman
Religious Freedom Coalition<\/p>\n
Executive Director
Gun Owners of America<\/p>\n
President
Americans for Tax Reform<\/p>\n
Executive Director
Libertarian Party<\/p>\n
Executive Director
Association of American Physicians & Surgeons<\/p>\n
Director of Federal Affairs
National Rifle Association<\/p>\n
President
Association of Concerned Taxpayers<\/p>\n
Vice President for Government Affairs
Family Research Council<\/p>\n
Executive Director
Center for Democracy and Technology<\/p>\n
Counsel
Open Society Policy Center<\/p>\n
President and Founder
God Bless America<\/p>\n
President
CatholicVote.org<\/p>\n
Founder and Director
CASPIAN – Consumers Against Supermarket Privacy Invasion and Numbering<\/p>\n
Executive Director
National Youth Rights Association<\/p>\n
National Chairman
Republican Liberty Caucus<\/p>\n
Editor & Publisher
The Multiracial Activist<\/p>\n
Executive Director, Rights Watch International
President, Grass Roots North Carolina<\/p>\n
Director of Governmental Affairs
Population Research Institute<\/p>\n
Director of External Affairs
Coalition on Urban Renewal and Education (C.U.R.E.)<\/p>\n
Executive Director
Consumer Alert<\/p>\n
President
Square One Media Network<\/p>\n
Partner
Argus Group<\/p>\n
President\/CEO
JB Computer Consulting<\/p>\n
Chancellor
Henricus College <\/p>\n
President
Thomas More Institute<\/p>\n
Chair
Libertarian Party of the District of Columbia<\/p>\n
Executive Director
Family Protection Lobby – Maryland<\/p>\n
Chair
Montana Libertarian Party<\/p>\n
Citizen WatchGroup
Las Cruces, NM<\/p>\n
President
Global Integral Research<\/p>\n
Founder\/Chairman
Ohio Conservative Alliance<\/p>\n
Chairman
Ohio Conservative Coalition<\/p>\n
Director
NW Council of Governments<\/p>\n
\nFootnotes<\/h3>\n