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CNN Live Today

Congress Taken Aback by New FBI Guidelines

Aired May 31, 2002 - 13:32   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KELLI ARENA, CNN JUSTICE CORRESPONDENT: The new guidelines are part, as you said, Carol, of a wholesale reorganization aimed at helping the bureau anticipate, not react to, acts of terrorism. And as one senior Justice official put it, we will never return to the bad old days. Back to you, Carol.

CAROL LIN, CNN ANCHOR: So Kelly, what's the reaction on Capitol Hill, then?

ARENA: Well, I'll tell you, bipartisan reaction has not been favorable up to this point. We did hear from two members of the Judiciary Committee, John Conyers and James Sensenbrenner, who both said that they thought that these rule changes went way too far. Members of Congress complaining because they were not consulted about the rule changes. Sensenbrenner -- Representative Sensenbrenner saying that he didn't find out about them until two hours before they were announced, and these are things that you need to have a back and forth on.

Again, these do not need congressional approval but that does not mean that there can't be enough resistance that we could see some changes. But so far, Justice has not indicated that it's going to make any changes. They say these are constitutional,this is within the constitutional rights of agents to go into public places. And that is something to think about, Carol. I mean, if you and I can go and look up somebody's name on the Internet, or follow them into a place of worship, why shouldn't the FBI be able to do that and gather information? That's the argument here.

If you want them to be preventive, then they cannot wait until there is a criminal investigation. So it is a very fine line that agents are going to have to walk, and by their own admission this is going to take a long time before this way of thinking sinks in at the bureau. They have been doing business a whole different way for a very long time.

LIN: Right. But of course, many people on Capitol Hill recalling the days when the FBI was gathering that information but building files for people like Martin Luther King. I know those were turbulent times, and we have the perspective of history and what it is that Reverend King was trying to do, but what prevents these agents from doing that again? I mean, you and I attend meetings, but we don't build files on people to be interpreted one way or the other. ARENA: Of course, though, Justice says this is only, you know, it has to be related to terrorism. There has to be some suspicion, some tip about a terrorist affiliation. But, you know, as one official said, look, you can't have it both ways. Either you want the FBI to be preventive, to get ahead of the ball, and to try to identify suspicious behavior, or you don't. And they don't -- and they don't partake in activities like this. It's very black and white, and you can't have it all. It is just impossible to have it all, and we are in a whole new world. So there you have it.

LIN: Different times after September 11.

ARENA: Sure are.

LIN: Kelli Arena in Washington. Thanks so much.

ARENA: You're welcome, Carol.

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