Pubdate: Sun, 03 Mar 2002 Source: State, The (SC) Copyright: 2002 The State Contact: http://www.thestate.com/ Details: http://www.mapinc.org/media/426 Author: Brad Warthen, Editorial Page Editor WAR ON TERROR BLURS LINES BETWEEN STATE AND FEDERAL, MILITARY AND CIVILIAN ROBERT STEWART, chief of the State Law Enforcement Division, dropped by the other day to make the case for letting his agency listen in on telephone conversations -- with appropriate warrants. It's not something he would have asked for a few years ago. "I don't like the sound of 'wiretap' myself," he said. "I call it 'court-authorized electronic surveillance."" But recent developments in both technology and the nature of crime caused him to start changing assumptions even before Sept. 11. Another set of assumptions has undergone a transformation that makes wiretaps in South Carolina look fairly minor. Until recently, there were clearly defined boundaries between the various entities that are charged with enforcing laws and keeping Americans safe. Sheriffs and local police enforced local ordinances, as state agencies did state laws. The FBI, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and Firearms and other federal law enforcement agencies upheld federal statutes. The CIA collected intelligence abroad and was barred from spying on Americans. The military was there to protect us from foreign militaries, and the Posse Comitatus Act of 1878 prohibited it from performing civilian police functions. There were breaches of those functions over the years, but they were generally the exception rather than the rule until Ronald Reagan started using the military to help fight the drug war. Chief Stewart points out that there have been National Guard troops stationed at SLED headquarters for 10 years to assist in antidrug operations -- although they are not allowed to make arrests. But since Sept. 11, the lines between military and civilian, foreign and domestic, state and federal, CIA and FBI have blurred to the point that they are often invisible or nonexistent. The feds have started working together to an unprecedented degree. In The New York Times Jan. 20, Tim Weiner summarized one of the more dramatic changes: "The charter of the Central Intelligence Agency expressly denies the spies any domestic police powers. President Harry S. Truman was vigilant in wanting no secret police. Nor did he want J. Edgar Hoover's FBI cloaked in the cover that espionage demands. The spies and the G-men had two distinct roles, two distinct sets of rules. "So the boundaries were drawn at the dawn of the cold war. The CIA would find out what was going on outside the United States -- and so prevent a second Pearl Harbor. The FBI would work inside the United States to catch criminals and foreign agents. That once bright line has blurred since Sept. 11." That's happened largely because neither the CIA nor the FBI nor the military nor anyone else managed to prevent the "second Pearl Harbor." While civil libertarians can and probably should dispute whether Congress should have granted the CIA new powers to snoop on people in the United States (civil libertarians play an important role in our society, even when they're wrong), there's little doubt that some of the barriers between federal institutions needed to fall. As Chief Stewart noted, "We quit counting at 148 separate federal agencies that are supposed to protect us," and yet the various "federal intelligence computers don't geehaw, don't fit together." Next week in Washington, Chief Stewart will attend a meeting intended to foster police and national security cooperation on an unprecedented scale. The "Summit on Criminal Intelligence Sharing: Overcoming Barriers to Enhance Domestic Security," will seek to "design a process to promote intelligence-led policing, concentrating on successful development, sharing and use of intelligence information, construction of a common intelligence language, and creation of a structure for information exchange." Joining sheriffs, police chiefs and state law enforcement officials from across the country will be such luminaries as Attorney General John Ashcroft, Homeland Security Director Tom Ridge, FBI Director Robert Mueller, CIA Director George Tenet, ATF chief Bradley Buckles and Secret Service Director Brian Stafford. Also on hand will be top officials from the DEA, the Federal Aviation Administration, the Naval Criminal Investigative Service, the Immigration and Naturalization Service, the Army's Counterdrug Office and others that most of us have never heard of. INTERPOL, the U.N. Security and Safety Services and Britain's National Criminal Intelligence Service will be represented as well. Depending on whether you're a law-and-order type or one who worries about black helicopters, this gathering constitutes either a dream team or a nightmare. But whatever you think of it, it's one of the most dramatic illustrations yet of the most overused of post-9/11 cliches: Everything has changed. - --- MAP posted-by: Terry Liittschwager