FBI Investigates Open Records Request

GrooveMoose writes "A university student at the University of Texas makes an open records request for information on the underground tunnel system at the school. A few months later the FBI and Secret Service come knocking on his door to see if he's a terrorist. He's still under investigation by the federal government regarding a completely open request."

Comments

Here's what he should have known.

[Anonymous Coward]

If an Agent Knocks - Federal Investigators and Your Rights

People opposing U.S. policies in Central America, giving sanctuary to refugees from Guatemala and El Salvador, struggling for Black liberation, and against nuclear weapons, are today more than ever likely to receive visits from FBI agents or other federal investigators. Increasingly, agents are also visiting the families, friends, and employers of these activists.

This pamphlet is designed to answer the most frequent questions asked by people and groups experiencing government scrutiny, and to help them develop practical responses.

What is political intelligence?

Political intelligence is information collected by the government about individuals and groups. Files secured under the Freedom of Information Act disclose that government officials have long been interested in all forms of data. Information gathered by government agents ranges from the most personal data about sexual liaisons and preferences to estimates of the strength of groups opposing U.S. policies. Over the years, groups and individuals have developed various ways of limiting the collection of information and preventing such intelligence gathering from harming their work.

Do I have to talk to the FBI?

No. The FBI does not have the authority to make anyone answer questions (other than name and address see errata), to permit a search without a warrant, or to otherwise cooperate with an investigation. Agents are usually lawyers, and they are always trained as investigators; they have learned the power of persuasion, the ability to make a person feel scared, guilty, or impolite for refusing their requests for information. So remember, they have no legal authority to force people to do anything -- unless they have obtained an arrest or search warrant. Even when agents do have warrants, you still don't have to answer their questions.

Under what laws do the agents operate?

In 1976, FBI guidelines regulating the investigation of political activities were issued by Attorney General Edward H. Levi. Criticized by liberals and conservatives alike, the guidelines were issued in the wake of a Congressional committee's report of highly questionable activities by the FBI, monitoring the activities of domestic political groups seeking to effect change. The report exposed the FBI's counter-intelligence program (COINTELPRO) under which the agency infiltrated groups, compiled dossiers on, and directly interfered with individuals engaged in activities protected by the First Amendment rights to freedom of expression and association.

The FBI COINTELPRO program was initiated in 1956. Its purpose, as described later by FBI Director J. Edgar Hoover, was "to expose, disrupt, misdirect, discredit, or otherwise neutralize activities" of those individuals and organizations whose ideas or goals he opposed. Tactics included: falsely labelling individuals as informants; infiltrating groups with persons instructed to disrupt the group; sending anonymous or forged letters designed to promote strife between groups; initiating politically motivated IRS investigations; carrying out burglaries of offices and unlawful wiretaps; and disseminating to other government agencies and to the media unlawfully obtained derogatory information on individuals and groups.

In 1983, Attorney General William French Smith issued superseding guidelines that authorized "domestic security/ terrorism" investigations against political organizations whenever the FBI had a reasonable belief that these groups might violate a law. The new guidelines permitted the same intrusive techniques the FBI used against organized crime.

The Smith guidelines were justified by the Attorney General's observation that "our citizens are no less threatened by groups which engage in criminal violence for political... purposes that by those which operate lawlessly for financial gain." He concluded: "we must ensure that criminal intelligence resources that have been brought to bear

Re:What's the problem here?

[a whoabot]

The FBI WANTED to investigate the Bin Ladens before the 9/11 attacks because they suspected a plot. However, Bush and his administration blocked the investigation for unknown reasons. A head FBI official even resigned because he was so frustrated that they couldn't investiage what they say clearly as troublesome activities.

http://www.gregpalast.com/detail.cfm?artid=103&row =0

http://www.guardian.co.uk/Archive/Article/0,4273,4 293682,00.html

http://www1.timesofindia.indiatimes.com/cms.dll/ar ticleshow?art_id=1030259305

http://dir.salon.com/politics/feature/2001/09/12/b ush/index.html

Don't blame the FBI for not investigating, blame the justice department and the higher ups.