Showdown on Homeland Security

If you haven’t seen it already, I recommend the Frontline report Are We Safer? Since September 11, 2001, the government has gone on a spending spree without any regard for fiscal federalism, dumping $31 billion into grant programs. The program is based on The Washington PostsTop Secret America article, “Monitoring America.” Watch it below:

Much of this spending has gone to local pork projects or allowed state and local governments to avoid the realities of budgeting – spend federal counterterrorism dollars on normal law enforcement requirements while spending the local tax base on unsustainable pensions for public employees. For a tally of this excess, check out the Price of Peril, an interactive map showing homeland security spending by state, courtesy of the Center for Investigative Reporting.

All of this spending isn’t without cost to our civil liberties. The recipients of the money have to show something, hence the rise of fusion centers across the nation and the scaremongering reports they produce. There simply aren’t enough terrorists to go around.

Two of the people featured in the Frontline report, Mike German of the ACLU (and former FBI agent) and Harvey Eisenberg, Chief, National Security Section, Office of United States Attorney, District of Maryland, squared off at a Cato Institute event in 2009. Check it out here. Pay special attention to Eisenberg’s remarks at 53:35, where he misstates the threshold for starting a domestic counterterrorism investigation under the Attorney General Guidelines.

Mike German corrects him – the 2008 guidelines loosened the standard such that agents don’t even need a reasonable suspicion of criminal activity to investigate someone. Eisenberg responds that he requires it for all of his investigations. That’s admirable, if true, but a bit unnerving that the policy change is news to him.