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05 February 2011 By Stephen
Lendman A new Electronic Frontier
Foundation (EFF) report titled, "Patterns of
Misconduct: FBI Intelligence Violations from 2001 -
2008" based its findings on nearly 2,500 FOIA-obtained
document pages, revealing "alarming (lawless)
trends...." They suggest far more frequent
civil liberty violations than previously known,
including: (1) grossly understated numbers; (2) long delays between
violations and reporting them; (3) types of violations involved,
including: (a) investigative oversight; (b) "abuse, misuse, or careless
use of....National Security Letter (NSL) authority;"
FBI, CIA and other government agencies use them
(administrative subpoenas), demanding recipients turn
over requested information and remain silent; no
probable cause or judicial oversight is necessary; (c) sidestepping constitutional,
Foreign Intelligence Surveillance Act and other legal
principles; and (d) complicity of ISPs, phone
companies, financial institutions and credit agencies,
supplying unauthorized personal information without
their customers' knowledge or consent. (4) flagrant ones, including
false declarations to courts, supplying bogus evidence
to get indictments, and accessing protected documents
without warrants. Officially less than 800
violations were reported. In 2007, a Department of
Justice Office of Inspector General (OIG) audit of
only 10% of national security investigations found
around 3,000, most never reported. A 2008 OIG audit
discovered massive underreporting. EFF's analysis
confirmed "as many as 40,000 violations" from 9/11
through 2008. In 1976, Gerald Ford established
the Intelligence Oversight Board (IOB) "with specific
oversight responsibilities for the legality and
propriety of US intelligence activities." Since
created, its work has been mostly secret. After 9/11,
it failed to report a single instance of intelligence
misconduct, and in 2008, Bush removed its ability to
refer violations to the Attorney General for criminal
investigation or oversee intelligence operations,
effectively making it impotent. Obama changed little,
continuing lawless Bush practices. Original guidelines were
established to protect citizen constitutional rights
from intrusive, overreaching intelligence
investigations. Yet EFF found significant
noncompliance, including the FBI violating its own
internal oversight national security protocols,
proving it repeatedly acts lawlessly. Ineffective
oversight lets them get away with it. Its NSL power abuses got much
attention. Less covered, however, was "the
unwillingness of companies and organizations to guard
their clients' and users' sensitive, personal
information" after receiving NSL requests, whether
legally justified or not. If the Bureau acted
lawfully, most would have been denied. Violations of federal law
governing criminal investigations and intelligence
gathering activities were especially unique, flagrant,
brazen and egregious, including willfully making false
written statements to courts, supplying bogus
information to get indictments of innocent people.
Because of Bureau secrecy and coverup, it's impossible
to know the full extent of its lawlessness, how many
people were harmed, and for what reasons. Yet from what's known, "the
frequency and type of violations revealed....are
staggering." Minimally, greater accountability and
oversight are needed. While many hoped Obama would end
Bush administration practices, they've continued
unabated so far. Moreover, Congress refuses to act. As
a result, FBI lawlessness persists, breaching
constitutional freedoms. Stephen Lendman lives in
Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and
listen to cutting-edge discussions with distinguished
guests on the Progressive Radio News Hour on the
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