The Intercept has published a story of a man who documented and recorded nearly two years of efforts by the FBI to pressure him into becoming an informant. Story and recordings here: Recordings Capture Brutal FBI Tactics to Recruit a Potential Informant. The story is by Trevor Aaronson, author of “The Terror Factory: Inside the FBI’s Manufactured War on Terrorism.”
Secrecy
Insight into FBI informant criminal activity
The FBI reports to the Department of Justice the total “Otherwise Illegal Activity” (OIA) that it authorizes its informants to engage in. In its most recent report due to an error, some of that data was missing–the total was down from 5,261 crimes to 381. The FBI explains that “When the FBI submitted 2016 data to the Justice Department regarding the Confidential Human Source Program one tier of data accidentally was not submitted.” Presumably the FBI omitted Tier 2 crimes–the less serious tier. Here’s the story which was featured on the Marshall Project’s Opening Statement: FBI Severely Underreported How Many Times It Authorized Informants to Break the Law [Updated]
The 2017 Confidential Informant Accountability Act would expand the FBI’s reporting requirement. The FBI (and all other federal investigative agencies) would have to report to Congress, not just DOJ. And it would have to report not only the crimes it authorized its informants to commit, but all the serious crimes that it has reason to believe that its informants committed while working for the agency.
Texas passes strong new informant disclosure law
At the recommendation of the Timothy Cole Commission, Texas has passed strong new legislation requiring the government to collect a range of data on its jailhouse informants, including prior testimony and benefits, and to turn that data over to the defense. The bill is here.
And here is the New York Times Editorial Board’s glowing review of the new law, Texas Cracks Down on the Market for Jailhouse Snitches, calling it “the most comprehensive effort yet to rein in the dangers of transactional snitching.” The Times also notes, however, that prosecutors are supposed to turn over such evidence anyway and that further reforms are called for, such as reliability hearings and barring informants in capital cases.
Congressional hearing on informant use at ATF and DEA
Last week, the House Committee on Oversight and Government Reform held a hearing on April 4, 2017, in response to U.S. Department of Justice reports that ATF and DEA were mishandling their informants. Testimony was heard from DOJ Inspector General Michael Horowitz, DEA Acting Principal Deputy Administrator Robert Patterson, and ATF Associate Deputy Director Ronald Turk.
From the Committee’s website:
TAKEAWAYS:
- The Drug Enforcement Administration (DEA) continually refused to provide the Committee its new policy regarding the proper use of confidential informants (CIs). During the hearing, Chairman Chaffetz issued a subpoena to DEA for the documents.
- The Bureau of Alcohol, Tobacco, Firearms and Explosives’s (ATF) and DEA’s inadequate oversight over the CI program prevents the agencies from properly tracking and monitoring CIs.
- Since 2012, ATF and DEA paid CIs almost $260 million, with payments largely determined by field agents who did not seek approval or review from headquarters.
- The Department of Justice Office of Inspector General (DOJ OIG) found incomplete and inaccurate tracking of money or amounts paid to CIs at both agencies.
- DOJ advised ATF Associate Deputy Director Turk not to appear and testify before the Committee’s hearing last month on the death of ICE Agent Jaime Zapata.
Intercept publishes FBI informant manual
The Intercept has published the FBI’s 2015 Confidential Human Source Policy Guide. It includes policies on recruitment, payments, and international informants: The FBI Gives Itself A Lot of Rope to Pull In Informants. From the article:
“The classified guidelines reveal:
- Before approaching a potential informant, agents are encouraged to build a file on that person, using information obtained during an FBI assessment, including derogatory information and information gleaned from other informants. The FBI claims that it seeks derogatory information in order not to be blindsided by its informants’ vulnerabilities, but such material may also be useful in coercing cooperation from otherwise unwilling recruits.
- FBI agents may use undercover identities to recruit informants, including online. These approaches are not limited by a rule stipulating that agents and informants are allowed no more than five meetings with a target before their activity is subject to supervisory approval as an undercover operation.
- With permission from supervisors, FBI agents may recruit minors as informants. They may also, with permission from the U.S. Department of Justice, recruit clergy, lawyers, and journalists.
- Informants may operate in other countries for the FBI, and the FBI guidelines do not require notification to be given to the host countries.”