A newly disclosed report by the C.I.A. inspector general about the agency's relationship with the New York Police Department after Sept. 11, 2001, deepens concerns about the dangers to civil liberties posed by domestic spying. The inspector general concludes that the agency did not break a federal law barring it from domestic spying. The report also shows, however, that agency officers who were embedded in the Police Department after Sept. 11 were poorly supervised, suggesting that no one at the agency knew fully what they were doing.
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The inquiry began in August 2011, after an Associated Press account of the C.I.A.'s relationship with the Police Department's intelligence division was published as part of a series on New York City's surveillance of Muslims.
Last week, the inspector general, David Buckley, released an executive summary in response to a Freedom of Information Act lawsuit filed by The Electronic Privacy Information Center, a civil liberties group. He concludes that the agency did not break federal law barring domestic spying. But he also reveals a troubling lack of oversight of the embedded agents. Mr. Buckley found that the enterprise had been fraught with "irregular personnel practices" and had lacked "formal documentation in some important instances."
The first of four embedded officers began advising the Police Department in 2002 and took unpaid leave from 2004 to 2009 to participate in and manage "N.Y.P.D. investigations, operations, and surveillance activities directed at U.S. persons and non-U.S." Conveniently, agency lawyers argued that officers who were on unpaid leave "acting in a personal capacity and not subject to C.I.A. direction" were not bound by a law forbidding the agency from participating in domestic security operations.
The inspector general worries that the "perception" that the agency exceeded its authority might diminish trust in the C.I.A. itself. The greater risk is that poor oversight could lead the agency to overstep its bounds in more serious ways.
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