Story

The FBI Unbound

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Authors: Bernard A. Weisberger

Historic Era: Era 9: Postwar United States (1945 to early 1970s)

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September 1995 | Volume 46, Issue 5

 

In the grim aftermath of the Oklahoma City bombing, the historian’s antennae quickly picked up signals from the White House and Congress of an intent to use some recent history to justify changes in the government’s rules of engagement with violence-prone organizations. Assorted leaders, starting with the president, promised to seek stronger powers for federal law enforcers, particularly the FBI, to penetrate clandestine antigovernment groups and thwart bombers before they strike. Behind the rhetoric was a claim that the Bureau’s “domestic intelligence” functions had been too sharply cut back by an excess of zeal for civil liberties in the post-Watergate atmosphere of the mid-1970s. Now, the argument runs, clear and present danger demands a restoration of balance.

This column may not be the place to add another voice to the debate about when, if ever, there are justified limits on the Bill of Rights, but it’s very much within the mandate to set down some of the facts that led to the congressional investigations, media exposures, and administrative punishments of the Federal Bureau of Investigation some twenty years ago. The information is easily available in press files and government reports, but much of it is conveniently gathered in Spying on America: The FBI’s Domestic Counter-Intelligence Program, by James K. Davis, published in 1992. Davis is no knee-jerk enemy of the Bureau, and in fact is co-author of a 1987 autobiography of one of its former directors, Clarence Kelley.

The story properly begins just before World War II, in 1936, when Franklin D. Roosevelt asked J. Edgar Hoover to begin gathering information on possible subversive activities by Communist and fascist organizations in the United States. To avoid legal and political problems, it was to be done secretly, under the authority of the Department of State. FDR thus became the first of six successive presidents to allow the FBI to keep part of its work hidden.

Hoover was very willing to comply. The Bureau’s size and appropriations grew steadily, and during the years of actual wartime, it could point to a successful record of thwarting espionage and sabotage on the home front. The Cold War’s onset opened a new public role for the “G-men”; they now became frontline fighters against Communism, running field checks and investigations of federal workers under the Truman Loyalty and Security program begun in 1947.

By 1956, the Communist Party of the United States of America had shrunk to about twenty-two thousand members from a wartime high of eighty-five thousand. Nevertheless, Hoover worried about a resurgence of the CPUSA and determined to prevent this by breaking up its remnants from within. At a meeting of the National Security Council on March 8, he asked for authority to institute a “counterintelligence program” ( COINTELPRO). The president asked him directly what he had in mind, and his answer deserves full quotation from Davis’s summary: “surreptitious entry…safecracking; mail interception; telephone surveillance; microphone plants; trash inspection; infiltration, disorganization and penetration of