As FBI fights terrorism, other prosecutions drop

In addition, its prosecutions of white-collar crime against banks fell 62.5 percent over that time. Yet the study also showed an exception to the rule: Pursuit of pornography cases has become more zealous since 9/11, doubling from 385 in 2000 to 796 in 2006.

For some analysts, the overall drop in traditional prosecutions raises concerns about how the FBI is carrying out its new counterterrorism mandate, because much of its work is done in secret. They point to revelations this spring by the Justice Department's inspector general that the FBI had misused its authority to collect Americans' telephone and credit-card records without a warrant through the use of so-called national security letters (NSLs). Last week, an internal FBI review reported as many as 1,000 violations since 2002. As a result, the FBI issued 24 pages of guidelines for agents to follow so individual rights won't be compromised.

Still, civil libertarians are not satisfied.

"Unfortunately, these NSL guidelines are not enough," says Caroline Fredrickson, director of the American Civil Liberties Union legislative office in Washington. "The IG report revealed that the FBI can't be trusted to follow the rule of law when the public is not watching."

Other analysts also point to a history of the FBI engaging in unconstitutional domestic surveillance, such as the Counter Intelligence Program (COINTEL). It was started in the 1950s and was designed to infiltrate communist organizations, but by the 1970s when it was shut down, it was keeping dossiers on tens of thousands of individuals.

"These activities were unlawful and a serious violation of individual rights, and threatened the civil liberties upon which our democracy is based," says David Burnham, co-founder of TRAC.

Assurances from FBI

FBI officials insist that safeguards put in place as a result of past abuses ensure that Americans' civil rights will be protected. They note that the Justice Department, in the IG report, exposed the NSL abuses.

"It is the FBI's job to protect Americans, not only from crime and terrorism, but also from incursions into their constitutional rights," said FBI spokeswoman Denise Ballew in an e-mail. "Through a series of legislative, procedural, and institutional initiatives, we now have a structure of self-regulation and oversight that ensures FBI compliance with the [USA] Patriot Act and all other applicable laws and regulations."

In addition to the Justice Department's inspector general, which oversees the FBI, five congressional committees also have oversight authority. Current and former FBI agents also insist they are trained from their first days in the academy to be conscious of legal restraints that guide their investigative work.

They also argue that if Congress expects the agency to fulfill both its law-enforcement and counterterrorism functions, the bureau will need more resources.

"I'd prefer to see an in-depth study of the kind of resources that are really needed," says John Hall, a 32-year FBI veteran, now retired, who spent the last third of his career teaching at the FBI National Academy. "It may be a thousand, or it may be 2,000 agents, but if we expect to address effectively the sophisticated challenges that are out there now, [we need] more resources."

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