WASHINGTON, Aug. 15 - The Federal Bureau of Investigation
has been questioning political demonstrators across the
country, and in rare cases even subpoenaing them, in an
aggressive effort to forestall what officials say could be
violent and disruptive protests at the Republican National
Convention in New York.
F.B.I. officials are urging agents to canvass their
communities for information about planned disruptions aimed
at the convention and other coming political events, and
they say they have developed a list of people who they think
may have information about possible violence. They say the
inquiries, which began last month before the Democratic
convention in Boston, are focused solely on possible crimes,
not on dissent, at major political events.
But some people contacted by the F.B.I. say they are
mystified by the bureau's interest and felt harassed by
questions about their political plans.
"The message I took from it," said Sarah
Bardwell, 21, an intern at a Denver antiwar group who was
visited by six investigators a few weeks ago, "was that
they were trying to intimidate us into not going to any
protests and to let us know that, 'hey, we're watching you.'
''
The unusual initiative comes after the Justice
Department, in a previously undisclosed legal opinion, gave
its blessing to controversial tactics used last year by the
F.B.I in urging local police departments to report
suspicious activity at political and antiwar demonstrations
to counterterrorism squads. The F.B.I. bulletins that
relayed the request for help detailed tactics used by
demonstrators - everything from violent resistance to
Internet fund-raising and recruitment.
In an internal complaint, an F.B.I. employee charged that
the bulletins improperly blurred the line between lawfully
protected speech and illegal activity. But the Justice
Department's Office of Legal Counsel, in a five-page
internal analysis obtained by The New York Times, disagreed.
The office, which also made headlines in June in an
opinion - since disavowed - that authorized the use of
torture against terrorism suspects in some circumstances,
said any First Amendment impact posed by the F.B.I.'s
monitoring of the political protests was negligible and
constitutional.
The opinion said: "Given the limited nature of such
public monitoring, any possible 'chilling' effect caused by
the bulletins would be quite minimal and substantially
outweighed by the public interest in maintaining safety and
order during large-scale demonstrations."
Those same concerns are now central to the vigorous
efforts by the F.B.I. to identify possible disruptions by
anarchists, violent demonstrators and others at the
Republican National Convention, which begins Aug. 30 and is
expected to draw hundreds of thousands of protesters.
In the last few weeks, beginning before the Democratic
convention, F.B.I. counterterrorism agents and other federal
and local officers have sought to interview dozens of people
in at least six states, including past protesters and their
friends and family members, about possible violence at the
two conventions. In addition, three young men in Missouri
said they were trailed by federal agents for several days
and subpoenaed to testify before a federal grand jury last
month, forcing them to cancel their trip to Boston to take
part in a protest there that same day.
Interrogations have generally covered the same three
questions, according to some of those questioned and their
lawyers: were demonstrators planning violence or other
disruptions, did they know anyone who was, and did they
realize it was a crime to withhold such information.
A handful of protesters at the Boston convention were
arrested but there were no major disruptions. Concerns have
risen for the Republican convention, however, because of
antiwar demonstrations directed at President
Bush and because of New York City's global prominence.
With the F.B.I. given more authority after the Sept. 11
attacks to monitor public events, the tensions over the
convention protests, coupled with the Justice Department's
own legal analysis of such monitoring, reflect the fine line
between protecting national security in an age of terrorism
and discouraging political expression.
F.B.I. officials, mindful of the bureau's abuses in the
1960's and 1970's monitoring political dissidents like the
Rev. Dr. Martin Luther King Jr., say they are confident
their agents have not crossed that line in the lead-up to
the conventions.
"The F.B.I. isn't in the business of chilling
anyone's First Amendment rights," said Joe Parris, a
bureau spokesman in Washington. "But criminal behavior
isn't covered by the First Amendment. What we're concerned
about are injuries to convention participants, injuries to
citizens, injuries to police and first responders."
F.B.I. officials would not say how many people had been
interviewed in recent weeks, how they were identified or
what spurred the bureau's interest.
They said the initiative was part of a broader,
nationwide effort to follow any leads pointing to possible
violence or illegal disruptions in connection with the
political conventions, presidential debates or the November
election, which come at a time of heightened concern about a
possible terrorist attack.
F.B.I. officials in Washington have urged field offices
around the country in recent weeks to redouble their efforts
to interview sources and gather information that might help
to detect criminal plots. The only lead to emerge publicly
resulted in a warning to authorities before the Boston
convention that anarchists or other domestic groups might
bomb news vans there. It is not clear whether there was an
actual plot.
The individuals visited in recent weeks "are people
that we identified that could reasonably be expected to have
knowledge of such plans and plots if they existed," Mr.
Parris said.
"We vetted down a list and went out and knocked on
doors and had a laundry list of questions to ask about
possible criminal behavior," he added. "No one was
dragged from their homes and put under bright lights. The
interviewees were free to talk to us or close the door in
our faces."
But civil rights advocates argued that the visits
amounted to harassment. They said they saw the
interrogations as part of a pattern of increasingly
aggressive tactics by federal investigators in combating
domestic terrorism. In an episode in February in Iowa,
federal prosecutors subpoenaed Drake University for records
on the sponsor of a campus antiwar forum. The demand was
dropped after a community outcry.
Protest leaders and civil rights advocates who have
monitored the recent interrogations said they believed at
least 40 or 50 people, and perhaps many more, had been
contacted by federal agents about demonstration plans and
possible violence surrounding the conventions and other
political events.
"This kind of pressure has a real chilling effect on
perfectly legitimate political activity," said Mark
Silverstein, legal director for the American Civil Liberties
Union of Colorado, where two groups of political activists
in Denver and a third in Fort Collins were visited by the
F.B.I. "People are going to be afraid to go to a
demonstration or even sign a petition if they justifiably
believe that will result in your having an F.B.I. file
opened on you."
The issue is a particularly sensitive one in Denver,
where the police agreed last year to restrictions on local
intelligence-gathering operations after it was disclosed
that the police had kept files on some 3,000 people and 200
groups involved in protests.
But the inquiries have stirred opposition elsewhere as
well.
In New York, federal agents recently questioned a man
whose neighbor reported he had made threatening comments
against the president. He and a lawyer, Jeffrey Fogel,
agreed to talk to the Secret Service, denying the accusation
and blaming it on a feud with the neighbor. But when agents
started to question the man about his political affiliations
and whether he planned to attend convention protests,
"that's when I said no, no, no, we're not going to
answer those kinds of questions," said Mr. Fogel, who
is legal director for the Center for Constitutional Rights
in New York.
In the case of the three young men subpoenaed in
Missouri, Denise Lieberman, legal director for the American
Civil Liberties Union in St. Louis, which is representing
them, said they scrapped plans to attend both the Boston and
the New York conventions after they were questioned about
possible violence.
The men are all in their early 20's, Ms. Lieberman said,
but she would not identify them.
All three have taken part in past protests over American
foreign policy and in planning meetings for convention
demonstrations. She said two of them were arrested before on
misdemeanor charges for what she described as minor civil
disobedience at protests.
Prosecutors have now informed the men that they are
targets of a domestic terrorism investigation, Ms. Lieberman
said, but have not disclosed the basis for their suspicions.
"They won't tell me," she said.
Federal officials in St. Louis and Washington declined to
comment on the case. Ms. Lieberman insisted that the men
"didn't have any plans to participate in the violence,
but what's so disturbing about all this is the pre-emptive
nature - stopping them from participating in a protest
before anything even happened."
The three men "were really shaken and frightened by
all this," she said, "and they got the message
loud and clear that if you make plans to go to a protest,
you could be subject to arrest or a visit from the F.B.I."