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Profile: Church Commission
Church Commission was a participant or observer in the following events:
President Ford issues Executive Order 11905, which limits the power of the CIA, the NSA, and military intelligence to engage in surveillance of US citizens. Perhaps its most well-known provision is a total ban on “political assassinations” by US government personnel. [Gerald R. Ford, 2/18/1976; Roberts, 2008, pp. 38] The provision is sparked by the Church Commission’s finding (see April, 1976) that assassination is “unacceptable in our society,” and a political embarassment, especially botched attempts such as the CIA’s efforts to kill Cuba’s Fidel Castro. [Grant J. Lilly, 4/6/2006]
The Foreign Intelligence Surveillance Court (FISC) turns down the Justice Department’s bid for sweeping new powers to monitor and wiretap US citizens. FISC judges rule that the government has misused the law and misled the court dozens of times. The court finds that Justice Department and FBI officials supplied false or misleading information to the court in over 75 applications for search warrants and wiretaps, including one signed by then-FBI director Louis Freeh. While the court does not find that the misrepresentations were deliberate, it does rule that not only were erroneous statements made, but important information was omitted from some FISA applications. The judges found so many inaccuracies and errors in FBI agent Michael Resnick’s affidavits that they bar him from ever appearing before the court again. The court cites “the troubling number of inaccurate FBI affidavits in so many FISA applications,” and says, “In virtually every instance, the government’s misstatements and omissions in FISA applications and violations of the Court’s orders involved information sharing and unauthorized disseminations to criminal investigators and prosecutors.” The court is also unhappy with the Justice Department’s failure to answer for these errors and omissions, writing, “How these misrepresentations occurred remains unexplained to the court.” The court finds that in light of such impropriety, the new procedures proposed by Attorney General John Ashcroft in March would give prosecutors too much control over counterintelligence investigations, and would allow the government to misuse intelligence information for criminal cases. The ruling is a severe blow to Ashcroft’s attempts since the 9/11 attacks to allow investigators working in terrorism and espionage to share more information with criminal investigators. (These limitations were put in place after the Church Commission’s findings of massive fraud and misuse of domestic surveillance programs during the 1950s, 60s, and 70s. See April, 1976, January 29, 1976, and December 21, 1974). The Justice Department says of the decision, “We believe the court’s action unnecessarily narrowed the Patriot Act and limited our ability to fully utilize the authority Congress gave us.” Interestingly, the Justice Department also opposed the public release of FISC’s decision not to grant the requested powers. Stewart Baker, former general counsel of the NSA, calls the opinion “a public rebuke. The message is you need better quality control. The judges want to ensure they have information they can rely on implicitly.” Bush officials have complained since the 9/11 attacks that FISA requirements hamper the ability of law enforcement and intelligence agents to track terrorist suspects, including alleged hijacking conspirator Zacarias Moussaoui (see August 16, 2001). Those requirements mandate that agents must show probable cause that the subject of a search or wiretap is an agent of a foreign government or terrorist group, and, because FISA standards for obtaining warrants is far lower than for ordinary criminal warrants, mandate strict limits on the distribution of information secured from such investigations. The FBI searched Moussaoui’s laptop computer and other belongings without a FISA warrant because some officials did not believe they could adequately show the court that Moussaoui had any connections to a foreign government or terrorist group. In its ruling, FISC suggests that if the Justice Department finds FISA too restrictive, they should ask Congress to update the law. Many senators on the Judiciary Committee say they are willing to enact such reforms, but have complained of resistance from Ashcroft and a lack of cooperation from the Bush administration. [Washington Post, 8/23/2002] In November 2002, the Foreign Intelligence Surveillance Court of Review will overturn the FISC decision and give the Justice Department what it asked for (see November 18, 2002).
Entity Tags: Foreign Intelligence Surveillance Court, Federal Bureau of Investigation, Charles Grassley, US Department of Justice, Stewart Baker, Zacarias Moussaoui, National Security Agency, John Ashcroft, Church Commission, USA Patriot Act, Louis J. Freeh, Michael Resnick
Timeline Tags: Civil Liberties
The 9/11 Commission’s final report.
[Source: 9/11 Commission]The 9/11 Commission completes its work and releases its final report. They blame incompetence for the reason why the US government did not prevent the attack. The Washington Post summarizes the report, “The US government was utterly unprepared on Sept. 11, 2001, to protect the American people from al-Qaeda terrorists.” [Washington Post, 7/23/2004] The report itself states, “We believe the 9/11 attacks revealed four kinds of failures: in imagination, policy, capabilities, and management.” [9/11 Commission, 7/24/2004] The Washington Post reports, “Though openly dreaded for months by many Republicans and quietly feared by the White House, the report was much gentler on the Bush administration than they feared. Rather than focus criticism on the Bush administration, the commission spread the blame broadly and evenly across two administrations, the FBI, and Congress.” [Washington Post, 7/23/2004] More to the point, as former counterterrorism “tsar” Richard Clarke notes in a New York Times editorial, “Honorable Commission, Toothless Report,” because the commission wanted a unanimous report from a bipartisan group, “it softened the edges and left it to the public to draw many conclusions.” [New York Times, 7/25/2004] The Washington Post comments, “In many respects, the panel’s work has been closer to the fact-finding, conspiracy-debunking Warren Commission of the mid-1960s, which investigated the assassination of President John F. Kennedy, than to the reform-oriented Church Commission, which exposed assassination plots and CIA abuses during the mid-1970s.” [Washington Post, 7/18/2004]
Entity Tags: John F. Kennedy, Richard A. Clarke, Federal Bureau of Investigation, Al-Qaeda, Bush administration (43), Church Commission, 9/11 Commission, US Congress, Warren Commission
Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections
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