What federal agencies are likely to be interested in a citizen’s political activities and affiliations?
The FBI is still the major national intelligence gathering agency. There are also many other federal, state, local and private investigative agencies. At least 26 federal agencies may gather intelligence, including the Immigration & Naturalization Service, Internal Revenue Service, and the Treasury Department’s Bureau of Alcohol, Tobacco and Firearms. Local police agencies sometimes contain “special services” units and narcotics or other “strike forces” in which federal, state, and local agencies cooperate. The Central Intelligence Agency and National Security Agency are particularly active when a political organization has ‘or is suspected to have international contacts. Military security agencies and increasingly significant “private” research institutes and security agencies also gather intelligence.
A recent Freedom of Information Act request on behalf of the Livermore Action Group, an antinuclear organization, revealed that the Navy, the U.S. Marshal’s Service, and the Marine Corps all sent agents to the Groups public meetings and kept newspaper reports of such meetings. Most chilling was the revelation that the Federal Emergency Management Agency (FEMA) the federal agency charged with implementing martial law in the event of a nuclear war was also watching the Livermore group.
Federal and state, local and private agencies, all tend to share information in a variety of ways.
What if I suspect surveillance?
Prudence is the best course, no matter who you suspect, or what the basis of your suspicion. When possible, confront the suspected person in public, with at least one other person present. If the suspect declines to answer, he or she at least now knows that you are aware of the surveillance. Recently, religious supporters of a nationwide call to resist possible U.S. intervention in Central America noticed unfamiliar people lurking around their offices at 6 a.m., but failed to ask what they wanted and who they were. If you suspect surveillance, you should not hesitate to ask the suspected agents names and inquire about their business.
The events giving rise to suspicions of surveillance vary widely, but a general principle remains constant: confront the suspected agents politely and in public (never alone) and inquire of their business. If the answer does not dispel your suspicion, share it with others who may be affected and discuss collective response, Do not let fears generated by “conspicuous” surveillance create unspoken tensions that undermine your work and organization. Creating fear is often the purpose of obvious surveillance. When in doubt, calla trusted lawyer familiar with political surveillance, or call the Movement Support Network Hotline: (212) 477-5652.
How does the FBI learn about citizens and organizations?
Political intelligence is gathered from public sources, such as newspapers and leaflets. It is also collected by informers who may be government employees or people recruited by them. Political intelligence is also collected through FBI visits to your home or office. We are here most concerned with this aspect of intelligence gathering.
Agents may be sent to interview people after FBI officials decide there is a “reasonable indication” that an organization or person meets the guidelines fora “domestic security” investigation. Such interviews are a primary source information, for most people are not aware of their right not to talk to federal agents.
Most people are also unware of the limits to the power of FBI and other investigative agents. Many people visited by agents are also afraid of being rude or uncooperative, Agents may be friendly and courteous, as if they are attempting to protect you or your organization, or express admiration for your organization and its goals. Occasionally, the FBI may persuade a disaffected member of an organization to give them information about other members, including their personal lives, character and vulnerabilities.
A major job of FBI agents is to convince people to give up their rights to silence and privacy. For example, after a Quaker pacifist spoke in Anchorage, Alaska, at a memorial Service for El Salvador’s Archbishop Romero, FBI agents visited a local priest and
How should I respond to threatening letters or calls?
If your home or office is broken into, or threats have been made against you, your organization, or someone you work with, share this information with everyone affected, Take immediate steps to increase personal and office security. You should discuss with your organization’s officials and with a lawyer whether and how to report such incidents to the police. If you decide to make a report, do not do so without the presence of counsel.
What rights do I have?
1, The Right to Work for Change. The First Amendment to the US. Constitution protects the Tights of groups and individuals who advocate, petition, and assembled to accomplish changes in laws government practices ‘and even the form of government, Political intelligence gathering is not supposed to interfere with these rights.
- The Right to Remain Silent. The Fifth Amendment of the Constitution provides that every person has the right to remain silent in the face of questions (other than name and address) posed by any police officer or government agent.
Since 1970, however, federal prosecutors may request judges to order a subpoenaed may request judges to order a subpoenaed witness to testify, after a grant of immunity, at a grand jury hearing or at a criminal trial. This grant of immunity means that your Fifth Amendment right to refuse to testify is taken away. What is given to you is only the promise not to use your testimony against you in a subsequent criminal prosecution. But you can still be charged with a crime. Failure to testify after a grant of immunity is discussed later at the end of this story.
- The Right to be Free from “Unreasonable Searches and Seizures.” Without a warrant, no government agent is allowed to search your home or office (or any other place that is yours and private). You may refuse to let FBI agents come into your house or into your workplace, unless they have a search warrant. Politeness aside, the wisest policy is never to let agents inside. They are trained investigators and will make it difficult for you to refuse to talk. Once inside your home or office, just by looking around, they can easily gather information about your lifestyle, organization, and reading habits.
The right to be free from “unreasonable searches and seizures” is based on the Fourth Amendment to the Constitution, This Amendment is supposed to protect against government access to your mail and other written communications, telephone and other conversations.
What should I do if police, FBI, or other agents appear with an arrest or search warrant?
Agents who have an arrest or search warrant are the only ones you are legally required to let into your home or office. You should ask to see the warrant before permitting access. And you should immediately ask to call a lawyer. For your own physical safety you should not resist, even if they do not show you the warrant, or if they refuse to let you call your lawyer. To the extent permitted by the agents conducting a search, you should observe the search carefully, following them and making mental or written notes of what the agents are doing, As soon as possible, write down what happened and discuss it with your lawyer.
Article extracted from this publication >> November 30, 1990
