Congress must reform FBI use of informants

AUG 6, 2013, 3:14 PM


Congress must hold hearings to reform federal law enforcements’ clandestine use of informants.

A recent Freedom of Information Act request, filed by USA Today, revealed what civil liberties advocates and many criminal defense attorneys have long known – that the FBI and other federal entities have misused informants in investigating potential criminal activities. In 2011, the FBI gave informants permission to break the law over 5,600 times. That comes to 15 times per day. That does not even include informants breaking the law without informing their handlers.

Other federal agencies, including the ATF and DEA, claim that they do not know how many times permission was given for their informants to break that law. This astounding admission should worry us all.

Most informants are not patriotic citizens working with law enforcement to make our society more secure. Many are criminals who engage in further criminal activities to get their own criminal charges lowered or dismissed (usually earning money in the process). Some immigrants feel pressured to act as informants out of fear of deportation. Driven by the desire to get charges dropped, to make money, or anxiety over being deported, informants can easily drift into acting as agent-provocateurs.

One such example is career criminal Craig Monteilh, who acted as an informant in the Muslim community in Southern California. His behavior among Muslim youth provoked so much suspicion that the Muslim community contacted CAIR, which then reported him to law enforcement. The FBI, however, did nothing because Monteilh was on their payroll. He eventually blew his own cover in claiming that the FBI did not pay him all of his provocateur wages.

The ACLU and CAIR sued the FBI regarding the unconstitutionality of using informants in this manner, but a judge threw out the case after the government found that revealing how the FBI uses these criminals could cause “significant harm to national security.”

Federal law enforcement is not only concealing from Congress its protocols for informants but is also invoking national security as a means to circumvent the law. Law and order cannot be truly served in our nation by the government encouraging and hiding the deliberate breaking of the law.

These latest revelations should be a wake-up call to Congress to not only hold hearings but to also pass legislation checking federal law enforcement’s use of informants. Without breaks on such practices, we risk the FBI operating against American values – and like secret police in other nations.

NSA snooping erodes American values

My discussion on yesterday’s “Hard Knock Radio” Pacifica Radio from California with DJ Davey D.


JUN 11, 2013, 9:30 AM 

NSA snooping erodes American value


Recent revelations that the National Security Agency (NSA) and FBI have been involved in widespread collection of Verizon customers phone records – as well as communications from nine internet providers – has sent shockwaves across the country.Programs which started under the guise of counterterrorism during the Bush administration have mushroomed past simple information gathering on potential threats to mass collection of data on citizens.

“You can’t have 100 percent security, and then have 100 percent privacy,”  says President Obama, a defender and advancer of such programs, in defending broad government snooping. He also used the word “inconvenience” regarding the government having access to our private e-mails, pictures and Skype conversations.

The primary characteristic that separates free societies from totalitarian ones is that citizens need not worry if their governments are monitoring their every move without predication of criminal behavior.

The framers of the Constitution had foresight in this matter.

The Fourth Amendment was written to protect us from unreasonable searches and seizures unless probable causes exist.  It’s this principle of freedom that differentiates our legal framework from other nations.  Sadly, we are witnessing a steady erosion of these freedoms in the name of security.

Congressman Mike Rogers, R-Michigan, says a single attack was thwarted due to this obtuse collection of phone records.  I wish Rogers would share this information, so we can access the validity of this statement.  The fundamental question is: Are we as Americans willing to live in the land of the Orwellian in the name of feeling more secure?  East Germany was a very secure country from extremist attacks, and North Korea is likewise today.  No one that I know, however, is willing to live in such conditions for the sake of feeling secure.

Congressman Justin Amash, R-Michigan, wrote a bipartisan Congressional member letter to the heads of the NSA and FBI seeking questions regarding this broad information gathering given that the legal statute for such is confined to foreign intelligence purposes, not domestic.  Amash and other Congressmen should push for hearings into the scope and legality of such activities by the NSA and FBI.

“Those who give up their liberty for more security neither deserve liberty nor security,”  Benjamin Franklin famously stated.

We have real threats that face our nation, but the erosion of our freedoms is a greater threat to our national soul than any enemy, foreign or domestic.

I hope that our discussions on this issue in the coming weeks can be focused on the nature of contemporary government surveillance and the costs both fiscally and constitutionally to our republic.  Long conversations about NSA whistle-blower Edward Snowden – and if certain papers should have released info on NSA and FBI mass data collection – are distractions from the real issues.


11 Members of Congress Demand Civil Rights Audit of Border Patrol

Today from the Craig Fahle Show:

Director of Alliance for Immigrants Rights and Reform Ryan Bates, Christian Ramirez, Human Rights Director at Alliance San Diego and the Executive Director of the Michigan chapter of the Council on American-Islamic Relations, Dawud Walid will join Craig to discuss the Civil Rights Audit that was requested by eleven members of Congress.

The Civil Rights Audit for FBI Customs Enforcement and ICE (Immigration and Customs Enforcement) is relating to accusations of religious profiling and mistreatment. The investigation is the result of nearly two years of complaints.

Click here to listen.