Live in Obedient Fear, Citizens

It ppears that the FBI is back to some of its old tricks, specifically it is masquerading as journalists again:

Newly public Federal Bureau of Investigation (FBI) documents outline for the first time the specifics of the agency's guidelines for impersonating members of the news media in undercover activities and operations. The records detail, among other things, that such activities require high-level approval from within the FBI and Justice Department. The FBI released the guidelines after the Reporters Committee for Freedom of the Press filed a Freedom of Information Act (FOIA) lawsuit when the agency failed to respond to a request for records about its impersonation of documentary filmmakers, specifically. Additionally, records recently released in connection with a separate FOIA lawsuit filed by the Reporters Committee show that the FBI has engaged in the impersonation of documentary filmmakers on a number of occasions, though questions remain as to just how frequently the FBI relies on this tactic.
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In defense of the practice, then-FBI Director James Comey submitted a letter to the editor to The New York Times acknowledging the tactic and stating that the FBI's impersonation of an AP journalist in the Seattle investigation "was proper and appropriate[.]" The controversy also led the Justice Department's Office of the Inspector General to investigate the FBI's use of media impersonation in the Seattle investigation. In September 2016, the office issued a formal report noting that the FBI had prepared new guidelines setting forth "approval levels for sensitive circumstances specifically in situations in which [FBI] employees represent, pose, or claim to be members of the news media or a documentary film crew."

The guidelines obtained by the Reporters Committee detail that approval process: The relevant FBI field office must submit an application to the Undercover Review Committee at FBI headquarters and it must be approved by the FBI Deputy Director after consultation with the Deputy Attorney General. The guidelines do not provide any criteria the FBI Deputy Director and/or the Deputy Attorney General must consider when approving these undercover activities.

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In response to part of that FOIA request, the FBI has asserted what is known as a "Glomar" response, refusing to confirm or deny the existence of records related to other instances in which it has impersonated documentary filmmakers during the course of its investigations. In support of its argument, in a recent filing the FBI went so far as to argue that disclosing these records "would allow criminals to judge whether they should completely avoid any contacts with documentary film crews, rendering the investigative technique ineffective."

In response, the Reporters Committee argued that this is precisely the reason why disclosure of information regarding FBI media impersonation is so important: this tactic has a chilling effect on journalists and documentary filmmakers, and sources are less likely to speak candidly to members of the news media if they think that the journalist is an agent of the government. Further, the Reporters Committee argues that the FBI cannot issue a Glomar response in this case because its practice of media impersonation is already well-known to the public and the FBI has already officially acknowledged the existence of these records — two standards the court will consider in evaluating whether the FBI's Glomar response to part of the FOIA request was appropriate.

2 Thoughts:

• J. Edgar Hoover is an inescapable part of the FBI's DNA, and we are not going to change this in my lifetime, though breaking it up into separate functions might be a good start.
•  James Comey is not, and has never been a friend of civil rights, restraints on law enforcement, or transparency.