NYT 8/21: FBI to Receive Even BROADER Powers

[Cowlesy]

http://www.nytimes.com/2008/08/21/wa...nt&oref=slogin

Well if you aren't on the list yet, you sure will be after these powers pass through congress. They won't even need a "suspicion" anymore.

The senators said the new guidelines would allow the F.B.I. to open an investigation of an American, conduct surveillance, pry into private records and take other investigative steps “without any basis for suspicion.” The plan “might permit an innocent American to be subjected to such intrusive surveillance based in part on race, ethnicity, national origin, religion, or on protected First Amendment activities,” the letter said. It was signed by Russ Feingold of Wisconsin, Richard J. Durbin of Illinois, Edward M. Kennedy of Massachusetts and Sheldon Whitehouse of Rhode Island.

*sigh*

[noxagol]

Yay, more shenanigans from Feingold!

[shaunish]

Sheldon Whitehouse is a scumbag.

[amy31416]

The Justice Department is already expecting criticism over the F.B.I. guidelines. In an effort to pre-empt critics, Mr. Mukasey gave a speech last week in Portland, Ore., describing the unfinished plan as an effort to “integrate more completely and harmonize the standards that apply to the F.B.I.’s activities.” Differing standards, he said, have caused confusion for field agents.

Poor field agents. They must take away our rights so they will no longer be confused. Not much confusion if they have full reign.

[Monolithic]

Sheldon Whitehouse is a scumbag.

why?

[Kotin]

um.. those four Senators signed a letter stating they were against this legislation..


did anybody read it?

[berrybunches]

//

[Monolithic]

um.. those four Senators signed a letter stating they were against this legislation..


did anybody read it?

yeah

i really doubt someone like feingold would be for this

[karlkat]

http://lr-n-r.org/InstitutionalizedTyranny.html
One of the more important statutory restrictions which secures and reinforces Congress' authority is at 4 U.S.C. §§ 71 & 72. The first of these sections establishes territory within the current borders of the District of Columbia as the seat of government for the United States; the second prohibits any government department from operating outside the District of Columbia save as Congress authorizes by statute:
Sec. 72. Public offices; at seat of Government
All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law.
In this context, we see what should be lawful constraint on the Federal Bureau of Investigation by examining origins and statutory authority of the FBI: Read notes following 28 U.S.C. § 531 to find that Congress didn't create the Federal Bureau of Investigation. The FBI simply appeared in the Department of Justice -- it is an administratively-created entity, so cannot exceed authority originally vested in the Attorney General or the Department of Justice. Statutory authority vested in the FBI and the Attorney General is found at 28 U.S.C. § 535:
The Attorney General and the Federal Bureau of Investigation may investigate any violation of title 18 involving Government officers and employees...
Administrative creation of the FBI is confirmed in The United States Government Manual, 1996/97 edition, page 349:
"The Federal Bureau of Investigation was established in 1908 by the Attorney General, who directed that Department of Justice investigations be handled by its own staff..."
What authority does the FBI have to investigate and otherwise bother people in the several States other than Government officers and employees? De facto authority -- "I can, therefore I will." The FBI has no statutory authority to disturb anyone in the Union of several States other than government officers and employees. Therefore, 4 U.S.C. § 72, in addition to constitutional limitations, constrains FBI investigations in the Union of several States to subject matter prescribed by statute, that being 28 U.S.C. § 535, cited above.

[Truth Warrior]

Hey, maybe the BROADER powers will include the ability to release, to the public, the FBI confiscated 9/11 Pentagon video tapes.