Well, so much for the 4th Amendment

9/11 commission suggests creating domestic spy agency

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By Laurence Arnold

Oct. 13, 2003 | WASHINGTON (AP) -- The independent commission studying the Sept. 11 terror attacks is considering recommending changes in U.S. intelligence that would go well beyond actions of the Bush administration, including creation of a domestic spy agency modeled after Britain's MI5.

James B. Steinberg, deputy national security adviser in the Clinton administration, said he advocates the creation of two new entities: an independent director of national intelligence and a domestic security service like the MI5.

Steinberg was expected to testify Tuesday at a public hearing for the National Commission on Terrorist Attacks Upon the United States. Other experts at the hearing will include James R. Schlesinger and John M. Deutch, both former directors of central intelligence, chief of the CIA and all other U.S. intelligence operations.

In an interview on the eve of his testimony, Steinberg said U.S. counterterror efforts remain hampered by decades-old walls separating the work of the FBI, which operates domestically and traditionally has focused on catching people who break laws, and the CIA, which works abroad and focuses on learning secrets.

"The beauty of the MI5 model is it breaks down both those walls," said Steinberg, director of foreign policy studies at the Brookings Institution.

MI5 describes itself as Britain's defensive security intelligence agency. It cannot detain or arrest its targets but seeks to "to gain the advantage over (them) by covertly obtaining information about them, which we can use to counter their activities."

Homeland Security Director Tom Ridge visited MI5 headquarters during a trip to Britain last year. He later said he doubted the Bush administration would create a similar domestic intelligence agency, because MI5's powers would be unacceptable under the U.S. Constitution.

FBI Director Robert Mueller also opposes the idea of an American MI5, saying such a proposal is based on "a faulty understanding of counterterrorism that sees a dichotomy between `intelligence operations' and `law enforcement operations."'

The 10-member, bipartisan commission has until May 27 to submit a report that also will deal with law enforcement, diplomacy, immigration, commercial aviation and the flow of assets to terror organizations.

http://www.salon.com/news/wire/2003/10/13/domestic_spy/index.html