AARC Public Library - Book II: Intelligence Activities and the Rights of Americans

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Book II: Intelligence Activities and the Rights of Americans

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I. Introduction and Summary

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A. Intelligence Activity: A New Form of Governmental Power...

B. The Questions

C. Summary of the Main Problems

1. The Number of People Affected by Domestic Intelligence Activity

2. Too Much Information Is Collected For Too Long

3. Covert Action and the Use of Illegal or Improper Means

4. Ignoring the Law

5. Deficiencies in Accountability and Control

6. The Adverse Impact of Improper Intelligence Activity

7. Cost and Value

II. The Growth of Domestic Intelligence: 1936 to 1976

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1. The Lesson: History Repeats Itself

2. The Pattern: Broadening Through Time

3. Three Periods of Growth for Domestic Intelligence

B. Establishing a Permanent Domestic Intelligence Structure: 1936-1945

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1. Background: The Stone Standard

2. Main Developments of the 1936-1945 Period

3. Domestic Intelligence Authority: Vague and Conflicting Executive Orders

4. The Role of Congress

5. Scope of Domestic Intelligence

6. Control by the Attorney General: Compliance and Resistance

7. Intrusive Techniques: Questionable Authorization

C. Domestic Intelligence in the Cold War Era: 1946-1963

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1. Main Developments of the 1946-1963 Period

2. Domestic Intelligence Authority

3. Scope of Domestic Intelligence

4. Accountability and Control

5. Intrusive Techniques

6. Domestic Covert Action

D. Intelligence and Domestic Dissent: 1964-1976

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1. Main Developments of the 1964-1976 Period

2. Scope of Domestic Intelligence

3. Domestic Intelligence Authority

4. Domestic Covert Action

5. Foreign Intelligence and Domestic Dissent

6. Intrusive Techniques

7. Accountability and Control

8. Reconsideration of FBI Authority

A. Violating and Ignoring the Law

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(a) Violating Statutory Law and Constitutional Rights

(b) Ignoring Illegal Issues

(c) Continuing Illegal Activities

(d) Tightening Security for Illegal Activities

(e) Concealing Illegal Activities

(f) Weakness of Internal Inspection

(g) Weakness of Oversight by Senior Administration Officials

B. The Overbreadth of Domestic Intelligence Activity

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(a) Broad Scope of Investigations

(b) Imprecise Standards for Investigations

(c) Overinclusive Targeting

(d) "Vacuum Cleaner" Approach

(e) Excessively Long Investigations

C. Excessive Use of Intrusive Techniques

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(a) Insufficient Legal Standards and Procedures

(b) Excessive Collection Coupled With Violent and Illegal Activities...

(c) Imprecise Labels Lead to Abusive Use of Techniques

D. Using Covert Action to Disrupt and Discredit Domestic Groups

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(a) Targeting Law-Abiding Citizens

(b) Interference With First Amendment Rights

(c) Dangerous Covert Tactics

(d) Actions Against Dr. Martin Luther King, Jr.

E. Political Abuse of Intelligence Information

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(a) Political Intelligence for the White House

(b) Dissemination of Incidental Political or Personal Information

(c) Volunteering Information to the White House and Targeting Critics and Political Figures

(d) Influencing Social Policy and Political Action

F. Inadequate Controls on Dissemination and Retention

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(a) Volunteering Irrelevant Information and Responding Unquestioningly to Requests

(b) Excessive Dissemination

(c) Federal Employee Security Program

(d) FBI Retention of Sensitive, Derogatory, and Illegally Obtained Information

G. Deficiencies in Control and Accountability

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(a) Presidential Failure to Limit and Control Intelligence Activities

(b) Attorneys General Failure to Limit and Control FBI Intelligence Activities

(c) Encouraging Political Intelligence

(d) Executive Failures to Inquire

(e) Congressional Failure to Oversee Intelligence Activity and Exert Legislative Control

(f) Intelligence Agencies Act With Insufficient Authorization

(g) Termination of Abusive Operations

IV. Conclusions and Recommendations

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B. Principles Applied in Framing Recommendations and The Scope...

C. Recommendations

1. Intelligence Agencies are Subject to the Rule of Law

2. United States Foreign and Military Agencies Should Be Precluded...

3. Non-Intelligence Agencies Should Be Barred From Domestic Security Activity

4. Federal Domestic Security Activities Should Be Limited and Controlled...

5. The Responsibility and Authority of the Attorney General for Oversight...

6. Administrative Rulemaking and Increased Disclosure Should Be Required

7. Civil Remedies Should Be Expanded

8. Criminal Penalties Should Be Enacted

9. The Smith Act and the Voorhis Act Should Either Be Repealed or Amended

10. The Espionage Statute Should Be Modernized

11. Broader Access to Intelligence Activity Files Should be Provided...

12. Congressional Oversight Should Be Intensified

13. Definitions

Appendix A. Senate Resolution 21

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Appendix B. Previously Issued Reports and Hearings of the Senate Select Committee

Appendix C. Staff Acknowledgments

Additional Views

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Senator Philip A. Hart

Senator Robert Morgan

Introduction to Separate Views of Senators...

Senator John G. Tower, Vice Chairman

Senator Howard H. Baker, Jr.

Senator Barry Goldwater

Senator Charles McC. Mathias, Jr.

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Book II: Intelligence Activities and the Rights of Americans

Book II moves from foreign and military intelligence to domestic intelligence. The report is concerned primarily with the FBI’s COINTELPRO counter-intelligence campaign, but also discusses the CIA’s Operation CHAOS, whereby the CIA engaged in domestic intelligence work in violation of the CIA charter. Other agencies including the NSA and Army Intelligence are also discussed. Illegal electronic surveillance, mail opening, infiltration of dissident groups, “black bag” break-in jobs, media manipulation, IRS targeting, and the intense campaign waged against Martin Luther King, Jr. are all subjects of this report. The overriding theme is the violation of the rights of Americans as identified in the U.S. Constitution.