Government Accountability Office (GAO) reveals that the FBI has conducted around 1,200 "assessments" involving politicians, journalists, religious leaders, and academics. These assessments are a special investigative tool established in 2008, allowing the FBI to initiate probes without a factual basis. The majority of these assessments were closed without any allegations of wrongdoing.
1. Scope of Assessments:
• From 2018 to 2024, the FBI opened approximately 127,000 assessments, with 1,200 categorized as "sensitive investigative matters" (SIMs), which involve public officials, the media, and religious entities.
• SIM assessments require additional scrutiny before being initiated or continued due to the sensitive nature of the subjects involved.
2. Nature of Assessments:
• Assessments allow FBI agents to use a range of investigative techniques, including surveillance, without needing a factual groundwork typical of regular investigations.
• Most assessments (approximately 86% for Type I/II and 94% for Type III) concluded without progressing to further investigations, often because they were based on leads deemed non-credible.
3. Types of Assessments:
• Two main categories exist: Type I/II (focused on potential violations of law) and Type III (aimed at gathering information on national security threats).
• Type I/II assessments targeting politically sensitive individuals had a higher conversion rate to full investigations (about 48%) compared to Type III assessments (only 4%).
4. Compliance Issues:
• The GAO report cites concerns about the FBI's adherence to its guidelines, with over 5% of Type I/II assessments lacking proper authorization. Instances of unauthorized investigative methods were noted in multiple field offices.
• The reliance on self-reporting for compliance issues may lead to underreported noncompliance cases.
5. Congressional Concerns:
• In March 2022, Congress raised concerns about the FBI’s practices surrounding assessments, particularly regarding the potential infringement on First Amendment rights.
• There were calls for the GAO to examine whether such assessments improperly monitored protected activities, highlighting fears that these investigations could extend to political and religious organizations.
The GAO's findings present significant insights into the FBI's use of assessments, particularly concerning public figures and organizations. While designed as a preventive measure against crime and security threats, the broad and often unregulated nature of these assessments has raised serious questions regarding civil liberties and investigative protocols. The FBI's compliance with its own guidelines is under scrutiny, prompting further examination from Congress and the public.
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