Category: Legal Issues

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“The political hacks and blackmailers were to be fired forthwith. No more midnight break-ins at the Capitol. No more cloak-and-dagger work. No more arrests.”

— In the mid-1920’s, Harlan Fiske Stone tried to rid the Bureau of Investigation of partisanship and re-position its function from spying to catching criminals. That endeavor lasted less than a decade, given the turbulent times.

The Book of the Week is “Enemies, A History of the FBI” by Tim Weiner, published in 2012. With regard to catching criminals who cross state lines, spying, and national security, various recurring themes have emerged over the decades. This, as a result of America’s alpha-male-dominated culture and leadership. The major themes include:

• incompetence, corruption and billions and billions of wasted taxpayer dollars due to inter-agency rivalry and power struggles among the FBI, Army, Navy, State Department, Secret Service, U.S. Marshals, large urban police forces, the office of the Attorney General, CIA and other law-enforcement groups;
• violations of the civil rights of countless ordinary Americans, in the name of “national security”;
• smear campaigns launched by America’s leaders, against its domestic and foreign enemies (which could change “on a dime” pursuant to the tenor of the times);
• traitors‘ sale of secrets to the Soviets, undetected for years due to the hatred between the FBI and CIA;
• an outdated, disorganized filing system that lasted into the 1990’s;
• lack of Arabic translators (resulting in the severe crippling of the FBI’s ability to spy in the Middle East; it had one translator until the early 1990’s);
• total absence of communication among the FBI’s fifty-six field offices with the others, and rare conferences between agents and headquarters, analysts or the White House through the 1990’s;
• a culture of secrecy in which all classified documents won’t be disclosed to the general public for decades and decades; and
• high turnover of personnel— means no one knows who’s in charge– even years after the 2005 consolidation of America’s national-security services encompassing intelligence, counter-intelligence, and counter-terror operations.

To be fair, the kinds of men who are a good fit for the culture of intelligence organizations tend to be James Bond wannabes, predatory stalkers and bullies.

In July 1908, president Theodore Roosevelt authorized the creation of the Bureau of Investigation (later named the FBI), which started with thirty-four agents. By August 1919, as head of the Bureau’s Radical Division, the twenty-four year old J. Edgar Hoover supervised hundreds of agents.

World War I gave rise to the Espionage Act of 1917, which gave Hoover an excuse to order that foreigners and countless others be spied on and arrested– right up until the day he died in 1972!

The author used the terms “informant” and “informer” in a confusing manner, and didn’t clearly define either one. But “mole” or “infiltrator” are more clear terms: an intelligence agent who joins a political, ideological or labor group targeted for spying, who eventually– of course on flimsy or no evidence, uses smears and lies to arrest and jail the group’s members.

Hoover’s favorite techniques included using infiltrators, mail-theft, sending agents to engage in break-ins, planting of hidden microphones, and warrantless wiretapping of phones (violations of the Fourth Amendment of the U.S. Constitution) at the homes of people he perceived as enemies of America– named on his list.

Sometimes, law enforcement denied due process to suspects just to quell public fear or outrage, such as in the Sacco and Vanzetti case in the 1920’s. Over decades, there have been many incidents whose perpetrators were never caught. Spring 1919 saw one example of political terror. In acts of protestation against the federal government’s xenophobia and crackdown on innocent people, suspected anarchists sent tens of mail bombs to high-level public officials. The U.S. attorney general blamed Communists.

In November and December 1919, the Bureau of Investigation corralled and deported hundreds of the Union of Russian Workers. A few months later, the Attorney General’s office, run by A. Mitchell Palmer, basked in the glory of catching thousands of suspected Communists across the entire country– by way of spying operations and stomping on due process; he was fortunate to have Hoover’s authorization and talent for plotting the complicated operation. The jails overflowed with foreigners.

The hysteria against foreigners, anarchists, labor unions, Socialists and Communists was such that president Woodrow Wilson’s administration allowed the American Protective League (comprised of vigilantes– ordinary Americans who volunteered to, and were authorized, by wearing badges!) to spy on, burglarize the homes of, and beat up, suspected subversives. The group’s membership at its peak numbered approximately three hundred thousand.

Clearly, after WWI, the world wasn’t ready for president Wilson’s proposed League of Nations– a group of the world’s most industrially and technologically advanced countries that were attempting to cooperate in maintaining world peace. They couldn’t even quell their own citizens’ unrest, and were too busy jockeying for territory and resources of other sovereign states.

WWII saw historical events that forced human beings to evolve sufficiently politically, economically, culturally and socially, so that they did cooperate, more or less. And yet, there’s still so much hatred.

Anyway, FDR allowed Hoover to install listening devices in the German, Italian, French, Russian and Japanese embassies in the United States. However, the U.S. Army, Navy and FBI did not share intelligence among themselves prior to the Pearl Harbor attack. So failure to connect the dots resulted in countless deaths and ruined lives. The FBI crowed every time it caught criminals who could harm America in wartime, but in one of countless instances, in spring 1942 it omitted inconvenient facts from its narrative. Two of eight saboteurs had an attack of conscience and revealed their evil plot to the Bureau before the plot was executed. They would not have been caught otherwise.

In January 1946, president Harry Truman wisely disallowed the growth of a monstrous, oppressive, Stalinist kind of organization run by one individual. He dashed Hoover’s dream of running all worldwide spying operations on behalf of the United States– by ordering the founding of the CIA, which would spy internationally, while the FBI would do so domestically. Nevertheless, unsurprisingly, “The routine destruction of FBI files ensured that no accurate count [of break-ins and buggings] existed.”

Seething, Hoover secretly vetted men who went to work for the CIA, and publicly shamed them if they had Communist affiliations or homosexual tendencies. He contended that they were vulnerable to blackmail if they were employed in the government, colleges, law enforcement or public schools. He rooted them out and got them fired.

In the late 1950’s, Hoover began to target the Civil Rights Movement, saying its members palled around with Communists; in 1963, he deemed MLK “the most dangerous Negro in America.” Hoover’s spies infiltrated King’s cohorts, the Southern Christian Leadership Conference, Students for a Democratic Society (SDS), and other religious and political groups. Although Hoover wanted to go after Soviet spies, attorney general RFK wanted him to spy on the KKK. But Klan members in Alabama and Georgia were employed in local law enforcement, so it was hard to fight City Hall.

There is nothing new under the sun. The FBI collected information on the sex lives of U.S. Senate and House members, and any deviant behavior could be used for blackmailing. It kept the reports in a safe. “The president wondered allowed whether they should be leaked selectively.”

Beginning in late 1967, LBJ let Hoover sic spies on about a hundred thousand Americans who were protesting the Vietnam War and civil rights violations. Hoover manipulated the FBI (of course), plus the U.S. attorney general’s office, army, NSA, CIA and community leaders. A couple of months later, LBJ’s own administration was under surveillance.

President Nixon kept pressuring the FBI to prove that the Soviets were to blame for the civil-rights and anti-war protests. But they weren’t to blame. Into the 1970’s, the Weather Underground, a subgroup of SDS, destroyed property through tens of terrorist bombings in the United States. The FBI solved none of the cases. Major media outlets such as Washington Post, New York Times, Los Angeles Times and Time magazine reported there was something rotten in Denmark.

Read the book to learn:

• how Hoover made a “new normal” of ignoring the Fourth Amendment of the U.S. Constitution to spy on everyone during four presidential administrations (Supreme Court rulings be damned);
• how this has come full circle now, intruding on the lives of all Americans;
• what happened under presidents Ford and Carter;
• of infinite occasions of mis-allocation of the FBI’s resources (such as the time when hundreds of agents investigated president Bill Clinton’s affair with a White House intern instead of chasing after criminals who were stealing from, terrorizing or killing people);
• and a century’s worth of the FBI’s adventures and (mostly) misadventures in law enforcement.