Congress must reform FBI use of informants

http://blogs.detroitnews.com/politics/2013/08/06/congress-must-reform-fbi-usage-of-informants/

AUG 6, 2013, 3:14 PM

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Congress must hold hearings to reform federal law enforcements’ clandestine use of informants.

A recent Freedom of Information Act request, filed by USA Today, revealed what civil liberties advocates and many criminal defense attorneys have long known – that the FBI and other federal entities have misused informants in investigating potential criminal activities. In 2011, the FBI gave informants permission to break the law over 5,600 times. That comes to 15 times per day. That does not even include informants breaking the law without informing their handlers.

Other federal agencies, including the ATF and DEA, claim that they do not know how many times permission was given for their informants to break that law. This astounding admission should worry us all.

Most informants are not patriotic citizens working with law enforcement to make our society more secure. Many are criminals who engage in further criminal activities to get their own criminal charges lowered or dismissed (usually earning money in the process). Some immigrants feel pressured to act as informants out of fear of deportation. Driven by the desire to get charges dropped, to make money, or anxiety over being deported, informants can easily drift into acting as agent-provocateurs.

One such example is career criminal Craig Monteilh, who acted as an informant in the Muslim community in Southern California. His behavior among Muslim youth provoked so much suspicion that the Muslim community contacted CAIR, which then reported him to law enforcement. The FBI, however, did nothing because Monteilh was on their payroll. He eventually blew his own cover in claiming that the FBI did not pay him all of his provocateur wages.

The ACLU and CAIR sued the FBI regarding the unconstitutionality of using informants in this manner, but a judge threw out the case after the government found that revealing how the FBI uses these criminals could cause “significant harm to national security.”

Federal law enforcement is not only concealing from Congress its protocols for informants but is also invoking national security as a means to circumvent the law. Law and order cannot be truly served in our nation by the government encouraging and hiding the deliberate breaking of the law.

These latest revelations should be a wake-up call to Congress to not only hold hearings but to also pass legislation checking federal law enforcement’s use of informants. Without breaks on such practices, we risk the FBI operating against American values – and like secret police in other nations.

DawudWalid

Dawud Walid is currently the Executive Director of the Michigan chapter of the Council on American-Islamic Relations (CAIR-MI), which is a chapter of America's largest advocacy and civil liberties organization for American Muslims and is a member of the Michigan Muslim Community Council (MMCC) Imams Committee. Walid has been interviewed and quoted in approximately 150 media outlets ranging from the New York Times, Wall St Journal, National Public Radio, CNN, BBC, FOX News and Al-Jazeera. Furthermore, Walid was a political blogger for the Detroit News from January 2014 to January 2016, has had essays published in the 2012 book All-American: 45 American Men on Being Muslim, the 2014 book Qur'an in Conversation and was quoted as an expert in 13 additional books and academic dissertations. He was also a featured character in the 2013 HBO documentary "The Education of Mohammad Hussein." Walid has lectured at over 50 institutions of higher learning about Islam, interfaith dialogue and social justice including at Harvard University, DePaul University and the University of the Virgin Islands - St. Thomas and St. Croix campuses as well as spoken at the 2008 and 2011 Congressional Black Caucus Conventions alongside prominent speakers such as the Rev. Jesse Jackson and Congressman Keith Ellison. In 2008, Walid delivered the closing benediction at the historic 52nd Michigan Electoral College in the Michigan State Senate chambers and gave the Baccalaureate speech for graduates of the prestigious Cranbrook-Kingswood Academy located in Bloomfield Hills, Michigan. Walid was also a featured speaker at the 2009 and 2010 Malian Peace and Tolerance Conferences at the University of Bamako in Mali, West Africa. He has also given testimony at hearings and briefings in front of Michigan state legislators and U.S. congressional representatives, including speaking before members of the Congressional Hispanic Caucus in Washington, D.C. Walid has studied under qualified scholars the disciplines of Arabic grammar and morphology, foundations of Islamic jurisprudence, sciences of the exegesis of the Qur’an, and Islamic history during the era of Prophet Muhammad through the governments of the first 5 caliphs. He previously served as an imam at Masjid Wali Muhammad in Detroit and the Bosnian American Islamic Center in Hamtramck, Michigan, and continues to deliver sermons and lectures at Islamic centers across the United States and Canada. Walid was a 2011 - 2012 fellow of the University of Southern California (USC) American Muslim Civil Leadership Institute (AMCLI) and a 2014 - 2015 fellow of the Wayne State Law School Detroit Action Equity Lab (DEAL). Walid served in the United States Navy under honorable conditions earning two United States Navy & Marine Corp Achievement medals while deployed abroad. He has also received awards of recognition from the city councils of Detroit and Hamtramck and from the Mayor of Lansing as well as a number of other religious and community organizations.

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