No evidence needed under terror profiling plan
WASHINGTON — The Justice Department is considering letting the FBI investigate Americans without any evidence of wrongdoing, relying instead on a terrorist profile that could single out Muslims, Arabs or other racial and ethnic groups.
urrently, FBI agents need reasons — such as evidence or allegations that a law probably has been violated — to investigate citizens and legal residents. The new policy, law enforcement officials say, would let agents open terrorism investigations after mining public records and intelligence to build a profile of traits that, taken together, are deemed suspicious.
Although President George W. Bush has disavowed targeting suspects based on their race or ethnicity, the new rules would let the FBI consider those factors among traits that could trigger a national security investigation.
Among factors that could make someone subject of an investigation is travel to regions of the world known for terrorist activity, access to weapons or military training, along with the person’s race or ethnicity. Law enforcement officials say the policy would help them find terrorists before they strike.
“We don’t know what we don’t know. And the object is to cut down on that,” said one FBI official.
FBI agents wouldn’t be allowed to eavesdrop on phone calls or dig deeply into personal data — such as the content of phone or e-mail records or bank statements — until a full investigation was opened.
More than a half-dozen senior FBI, Justice Department and other U.S. intelligence officials familiar with the new policy agreed to discuss it on condition of anonymity.
The change, expected later this summer, is part of an update of Justice Department policies amid the FBI’s transition from traditional crime fighting to protecting the nation from attacks. Attorney General Michael Mukasey acknowledged the overhaul was under way in early June.
If adopted, the guidelines would be put in place in the final months of a presidential administration that has been dogged by criticism that its counterterrorism programs trample privacy rights and civil liberties.
Critics say the presumption of innocence is lost in the proposal. The FBI could begin investigations simply “by assuming that everyone’s a suspect, and then you weed out the innocent,” said Caroline Fredrickson of the American Civil Liberties Union.
Courts across the country have overturned criminal convictions when defendants showed they were targeted based on race. Racial profiling generally is considered a civil rights violation, and former Attorney General John Ashcroft condemned it in March 2001 as an “unconstitutional deprivation of equal protection under our Constitution.”
Justice Department spokesman Brian Roehrkasse said the guidelines wouldn’t give the FBI more authority than it now has.
“Any review and change to the guidelines will reflect our traditional concerns for civil liberties and First Amendment liberties and our traditional investigative emphasis on using the least intrusive means feasible,” he said Wednesday.
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