Keener Eye on Hatemongers

After backing and filling, the Clinton Administration is ready to broaden the FBI’s scrutiny of domestic groups advocating violence. It has agreed to loosen investigatory guidelines that have governed the bureau for 19 years. This is sure to cause civil-liberties concerns, given the notorious FBI abuses that gave rise to the guidelines in the first place.

Nonetheless, considering the circumstances surrounding the Oklahoma City bombing, some reinterpretation is probably warranted to focus agency attention on domestic terrorism. But the fact is, despite whining by some present and former agents, the FBI has long had most of the authority it needs to penetrate and monitor potentially violent groups. It has failed to use it.

Critics of existing guidelines have erroneously said that the rules require a “criminal predicate” before an FBI probe can begin. In fact, the bureau can start a preliminary investigation without any sign of imminent criminal activity. Yet, federal and state police agencies have not requested court approval for wiretapping in a single bombing case since 1988--even though the annual number of such domestic bombings tripled between 1983 and 1993. Most of the taps occur in drug, gambling and racketeering cases.

The FBI director, Louis J. Freeh, told Congress Wednesday that the new guidelines will allow investigation of any group that “advocates violence or force with respect to achieving any political or social objectives” if it exhibits the capacity to carry out violence, such as by paramilitary training with weapons like assault rifles.

That is fine as long as the FBI is led by principled men like Freeh rather than someone like J. Edgar Hoover. With the new rules soon to be in place, Congress should butt out. Apart from focusing on sensible measures to tag explosives and update electronic-surveillance authority, Congress should assume a watchdog role. All decent Americans want government to deter future horrors like that in Oklahoma. But all decent Americans also demand that their government avoid police-state excesses.