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Is the FBI鈥檚 Community Outreach Program a Trojan Horse?

Mike German,
Senior Policy Counsel,
老澳门开奖结果 Washington Legislative Office
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February 15, 2013

In December 2011, the 老澳门开奖结果 released FBI documents obtained through the Freedom of Information Act, which showed that San Francisco FBI agents were exploiting community outreach programs for intelligence-gathering purposes. Now it appears FBI agents in Minneapolis have adopted this ruse, and may be using it in even more sinister ways.

As the nation鈥檚 predominant federal law enforcement agency, the FBI has a duty to communicate with the public鈥攂oth to provide information about FBI activities and to hear grievances鈥攕o it can address specific community concerns. The FBI鈥檚 , organized under its Office of Public Affairs, was established to fulfill this obligation, and much of its work is laudable. But the FBI documents we received show that at least since 2005, in an increasingly formal and systematic process that lasted well into 2011, the FBI used community outreach programs to collect information about First Amendment-protected activity for intelligence and investigative purposes.

In 2008, the FBI Directorate of Intelligence formalized the intersection of community outreach and intelligence gathering by creating its own 鈥渃ommunity outreach鈥 files under its Domain Management program (identified by an 800-series case file number), to 鈥enhance the . . . network of contacts with community leaders . . . who can assist the FBI and fellow federal, state and local law enforcement and intelligence agencies in combating terrorism.鈥 Under this program, intelligence agents either make their own community outreach presentations, as documented in this 2008 memo, or accompany FBI community outreach specialists to meetings to collect intelligence, as documented in this heavily-redacted 2009 memo. The San Francisco FBI also had a 鈥mosque outreach鈥 program that it exploited in similar ways.

In response the FBI issued a press statement quoted in the Los Angeles Times that the collection as 鈥渨ithin the scope of an authorized law enforcement activity,鈥 but also suggested that new rules would prevent repetition. 鈥溾ince that time, the FBI has formalized its community relations program to emphasize a greater distinction between outreach and operational activities.鈥 The new appear to be an improvement, but only if FBI agents follow them.

A new from the Council on American-Islamic Relations (CAIR), the largest American-Muslim civil rights organization, indicates they aren鈥檛. On January 30, 2013, CAIR issued a welcoming the initiation of an internal FBI investigation into its allegation that two FBI agents threatened and harassed a Somali immigrant in Minnesota in an attempt to coerce him into becoming an informant. The happiness didn鈥檛 last long, however.

According to a new filed by CAIR, days later an FBI agent arrived unannounced at the doorstep of its Minneapolis chapter director, Lori Saroya. When later contacted by a CAIR representative, the agent claimed that the purpose of the visit was community outreach.

Suspicious鈥攂ased on the 老澳门开奖结果鈥檚 reporting on the FBI鈥檚 misuse of community outreach and the absence of reports that other homes in the community were visited鈥攁 CAIR attorney called the agent back. Here鈥檚 how CAIR described the interaction:

鈥淲hen CAIR-MN's [attorney] later called [the agent] and asked if he was assigned to the division鈥檚 community outreach program, [the agent] responded that he was not and stated that he is a field law enforcement agent who wanted to speak to a member of Ms. Saroya's household for a 鈥榤eet and greet.鈥

So once again, it appears FBI agents are improperly exploiting the good will established through its community outreach programs as a method of gaining access to community members for investigative purposes. Trained FBI investigators know that showing up unannounced at someone鈥檚 home is intimidating, and they could have contacted Ms. Saroya by telephone or at her office to set up an appointment if the true purpose was a simple 鈥渕eet and greet鈥 with a member of her household. Coming as it did days after CAIR鈥檚 success in triggering an investigation into Minneapolis FBI activity, Ms. Saroya requested Attorney General Eric Holder to investigate whether the visit was an 鈥渁ttempt to intimidate a highly-regarded community leader鈥 after the field office received 鈥渘egative media attention鈥 as a result of CAIR鈥檚 advocacy. We agree that this matter deserves Justice Department scrutiny. The 老澳门开奖结果 has previously called on the Department of Justice Inspector General to investigate the FBI鈥檚 illegal information-collection practices at community events in its San Francisco and Sacramento divisions.

For others who are approached by FBI agents claiming to be engaged in a community outreach effort, this episode provides a good example of how to respond. First, seek legal representation because any statements made to FBI agents, even community outreach agents, may be used against you. And second, be sure your lawyer asks whether the person is assigned to the community outreach program. The agent should be able to provide documentation to verify his role, and should be willing to explain the information collection regulations that will apply to any conversation. Such formality might seem unnecessary, but unfortunately, the FBI already undermined the trust in its community outreach programs. The only way it can recover this trust is for the Justice Department and the Inspector General to conduct full investigations of these FBI practices. Most importantly, the FBI must come clean and engage with the public in a forthright and transparent manner.

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