Domestic spying
The selection of Sen. John Edwards as John Kerry’s running mate has raised concerns inside the FBI and among civil-liberties groups that the North Carolina senator will use the campaign to promote his controversial proposal to create a new domestic spy agency.For the past 18 months, Edwards has been perhaps the Senate’s foremost champion of a much-debated proposal to strip the bureau of its intelligence-gathering functions and turn them over to a new domestic spy agency patterned after Britain’s M.I.5.
Edwards’s promotion of the idea has created friction between him and FBI Director Robert Mueller who, along with other bureau officials, has warned that such a move would spark renewed turmoil within the U.S. intelligence community that would hinder the war on terrorism. It also has stirred the fears of civil-liberties groups, who believe such an agency would inevitably end up spying on political dissidents and religious groups.
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At one point, Mueller appealed to Edwards to hold off introducing legislation on the subject until the FBI director could brief him about what he was doing to correct the problem. Edwards went ahead and introduced his bill anyway in February 2003—and then took Mueller up on his offer, a sequence that did not go down well among some of Mueller’s deputies.
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Civil-liberties groups have other concerns about the Edwards plan. For decades, FBI agents who seek to develop evidence about potential domestic threats have operated under tight Justice Department guidelines; those guidelines require there be grounds to believe targets are engaged in criminal acts. A new domestic spy agency would not be so encumbered, the critics say. In an effort to insulate himself from such criticism, Edwards had proposed steps to curb potential excesses by a domestic spying agency, such as requiring approval from the Foreign Intelligence Surveillance Court for infiltrating domestic political or religious groups. But some civil-liberties advocates say such steps would be insufficient—the FISA court has historically acted as a rubber stamp, critics say—and that a domestic-intelligence agency such as Edwards has advocated would inevitably be tempted to spy on legitimate dissenters.
“Senator Edwards’s proposal ignored the serious civil-liberties problems it would have caused,” said Kate Martin of the Center for National Security Studies. She said she hopes the Democratic candidates will await the full report of the 9/11 commission before pushing the idea any further and “not make this a political issue.”
Ironically, others say Edwards’s selection could be the political kiss of death for the M.I.5 plan—at least within the Bush administration. Until recently, there had been strong indications that some White House officials, especially national-security adviser Condoleezza Rice, were leaning toward adopting the idea once the 9/11 commission comes out with their report.
Newsweek 7/7/04
http://www.msnbc.msn.com/id/5388509/site/newsweek/