[Congressional Record: May 21, 2008 (Extensions)]
[Page E989]
INTRODUCTION OF THE RESOLUTION TO REPLACE THE ASHCROFT FBI GUIDELINES
WITH THE LEVI FBI GUIDELINES
______
HON. ROBERT C. ``BOBBY'' SCOTT
of virginia
in the house of representatives
Tuesday, May 20, 2008
Mr. SCOTT of Virginia. Madam Speaker, May 30th, 2002 Attorney General
John Ashcroft changed the guidelines established by Attorney General
Edward Levi in 1976 to curb abuses by the Federal Bureau of
Investigations (FBI), following revelations of an FBI ``enemies list''
in the wake of the Watergate scandal.
The Levi Guidelines were adopted after the Church Committee found
that the FBI had developed over 500,000 domestic intelligence files on
Americans and domestic groups and had clearly targeted investigations
to disrupt the efforts of dissenters. This famed Committee detailed the
disturbing extent to which the FBI had spied on Americans such as Dr.
Martin Luther King, Jr., former Navy officer Father Roy Bourgeois, and
Holocaust survivor and grandmother Edith Bell, all of whom were
peaceful protestors and advocates for their beliefs.
While the Levi guidelines ensured there was a justifiable criminal
investigation and supervision of such investigations, the Ashcroft
Guidelines have enabled the FBI to investigate groups and individuals
whether or not there was evidence of criminal activity. The Levi
Guidelines required that limited FBI investigations be instigated by
facts or circumstances that reasonably indicate a federal crime has
been, is being or will be committed. Under the Ashcroft Guidelines, we
have even seen college students endure taxpayer funded FBI
interrogations and investigations for simply placing irreverent posters
up in their college communities. In one case, the FBI resorted to
grilling a North Carolina college student about ``un-American
materials'' in her apartment, such as a poster of George W. Bush
holding a noose. It read, ``We hang on your every word.'' While some
may argue this is not in good taste, it is far from a potential act of
terrorism.
The Ashcroft Guidelines have allowed the FBI to attend and begin to
track those present in every public meeting, at every demonstration and
visiting all internet chat rooms. Americans need to be able to meet and
debate without fear that their associations and dissent will end up in
an FBI database at every turn. By severing the tie between evidence of
crime and initial FBI surveillance, the Ashcroft Guidelines
fundamentally alter the role of the FBI in our society and ignore the
very basis for adoption of the original Levi Guidelines.
My Resolution is simple. It calls on Congress to reinstate the Levi
guidelines which provide better protections for ordinary Americans from
unwarranted, domestic FBI spying, on this, the 6-year anniversary of
the eradication of such critical guidelines. This will end domestic
spying such as that documented by the Church Committee report, where
there is no evidence of criminal activity, while ensuring that the FBI
can investigate anyone as long as there is a rational basis for doing
so.
For these reasons, I urge my colleagues to support this resolution
urging that the Ashcroft Guidelines be replaced with a return to the
Levi Guidelines.
____________________