The U.S. Department of Justice’s internal watchdog recently confirmed what we already knew: From 2001 through at least 2006, the FBI spied on the First Amendment-protected activity of nonviolent anti-war, environmental and animal rights groups. In so doing, the FBI exceeded its investigative authority, intruding on the privacy, free expression and right to assemble of innocent Americans.
Clearly, the FBI should have the authority to investigate not only crimes that already have occurred, but imminent criminal activity or threats to the homeland as well. But such pre-emptive investigations pose unique risks. Those risks, and the corresponding need for robust safeguards, are evident in this latest FBI fiasco.
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