LA TIMES— The number of Americans being secretly wiretapped or
having their financial and other records reviewed by the government has
continued to increase as officials aggressively use powers approved
after the Sept. 11 attacks. But the number of terrorism prosecutions
ending up in court — one measure of the effectiveness of such sleuthing
— has continued to decline, in some cases precipitously.
The trends, visible in new government data and a private analysis of
Justice Department records, are worrisome to civil liberties groups and
some legal scholars. They say it is further evidence that the
government has compromised the privacy rights of ordinary citizens
without much to show for it.
The emphasis on spy programs also is starting to give pause to some
members of Congress who fear the government is investing too much in
anti-terrorism programs at the expense of traditional crime-fighting.
Other lawmakers are raising questions about how well the FBI is
performing its counter-terrorism mission.
The Senate Intelligence Committee last week concluded that the
bureau was far behind in making internal changes to keep the nation safe
from terrorist threats. Lawmakers urged that the FBI set specific
benchmarks to measure its progress and make more regular reports to
Congress.
These concerns come as the Bush administration has been seeking to
expand its ability to gather intelligence without prior court approval.
It has asked Congress for amendments to the 1978 Foreign Intelligence
Surveillance Act to make it clear that eavesdropping on foreign
telecommunications signals routed through the U.S. does not require a
warrant.
Law enforcement officials say the additional surveillance powers
have been critically important in ways the public does not always see.
Threats can be mitigated, they say, by deporting suspicious people or
letting them know that authorities are watching them.
“The fact that the prosecutions are down doesn’t mean that the
utility of these investigations is down. It suggests that these
investigations may be leading to other forms of prevention and
protection,” said Thomas Newcomb, a former Bush White House national
security aide. He said there were half a dozen actions outside of the
criminal courts that the government could take to snuff out potential
threats, including using diplomatic or military channels.
Written by Richard B. Schmitt
© LA TIMES 2008
