Congress of course retains oversight authority over the FBI n127 If it wants to

Congress of course retains oversight authority over

This preview shows page 308 - 311 out of 327 pages.

Congress, of course, retains oversight authority over the FBI. n127 If it wants to play a more active role in overseeing the Guidelines, it has the tools to do so. n128 After all, Congress determines whether and to what degree the FBI's intelligence- collection activities are funded. n129 Moreover, the relevant committees of jurisdiction conduct regular oversight hearings at which the Attorney General and FBI Director appear. n130 Legislators can ask Justice Department and FBI officials for information about the Guidelines or the FBI's activities at any time. n131 Perhaps as a result of the existing incentive structure , however, Congress has shown little appetite to pursue Guidelines-related issues of late . n132 The most recent modification to the Guidelines, for example, failed to reflect congressional input. The Justice Department provided the Senate Judiciary [*37] Committee a completed draft of the Mukasey Guidelines a few months before they were implemented. n133 A handful of senators requested that Attorney General Mukasey delay their implementation until Congress had the opportunity to develop
Image of page 308
suggestions regarding ways to minimize civil liberties concerns. n134 Their request went unanswered. And even when FBI Director Robert Mueller III inaccurately testified in 2010 before Congress that the FBI did not have the authority to conduct unpredicated investigations, legislators took no follow-up action. n135
Image of page 309
AT: Doesn’t Curtail Surveillance Attorney General Guidelines have the capability to curtail surveillance --- only recently has there been a departure from those past restrictions Berman, 14 --- Visiting Assistant Professor of Law, Brooklyn Law School (Winter 2014, Emily, Washington & Lee Law Review, “Regulating Domestic Intelligence Collection,” 71 Wash & Lee L. Rev. 3, Lexis, JMP) Over time, both the Bureau's focus and the rules governing its activities have swung back and forth along the spectrum between the targeted investigations of crime solving and the broader intelligence gathering associated with prevention. The Guidelines themselves are the product of the FBI's early-1970s move away from intelligence collection. After the United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, commonly known as the Church Committee for its chair Senator Frank Church (D-ID), [*13] revealed that decades of unregulated intelligence collection by the FBI had resulted in widespread abuses of the government's investigative powers, n29 Congress determined that the FBI should be subject to a legislative charter setting out strict limits on its intelligence-collection authority. n30 In an effort to stave off potentially more restrictive legislative action, President Gerald Ford's Attorney General , Edward Levi, issued in 1976 the first set of Attorney General's Guidelines--known as the Levi Guidelines . n31 The Levi Guidelines strictly curtailed domestic intelligence investigations through a basic regulatory structure that subsequent versions of the Guidelines have largely retained. n32 [*14]
Image of page 310
Image of page 311

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture