Congress never created the FBI
: Read notes following 28 U.S.C. § 531 to find that Congress didn't create the Federal Bureau of Investigation. The FBI simply appeared in the
Department of Justice -- it is an administratively-created entity, so cannot exceed authority originally vested in the Attorney General or the
Department of Justice. Statutory authority vested in the FBI and the Attorney General is found at 28 U.S.C. § 535:
The Attorney General and the Federal Bureau of Investigation may investigate any violation of title 18 involving Government officers and
Administrative creation of the FBI is confirmed in The United States Government Manual, 1996/97 edition, page 349:
"The Federal Bureau of Investigation was established in 1908 by the Attorney General, who directed that Department of Justice investigations be
handled by its own staff..."
This administrative authority is also extended to Federal Agencies, and employees in regard to treaties entered into by the United States
U.S. Supreme Court
BOOS v. BARRY, 485 U.S. 312 (1988)
As a general proposition, it is of course correct that the United States has a vital national interest in complying with international law. The
Constitution itself attempts to further this interest by expressly authorizing Congress "[t]o define and punish Piracies and Felonies committed on
the high Seas, and Offenses against the Law of Nations." U.S. Const., Art. I, 8, cl. 10. Cf. The Federalist No. 3, p. 43 (C. Rossiter ed. 1961.
Well does Congress sit in assembly to implement treaties, "[t]o define and punish Piracies and Felonies committed on the high Seas, and
Offenses against the Law of Nations."? Yes they do. Following is reference to the Congressional committee to implement a treaty with Europe
concerning terrorism. This by the way is the same committee that wrote the Patriot “Act”.
TITLE 22 > CHAPTER 7 > SUBCHAPTER II-B > § 276m
§ 276m. United States Delegation to Parliamentary Assembly of Conference on Security and Cooperation in Europe (CSCE)
In accordance with the allocation of seats to the United States in the Parliamentary Assembly of the Conference on Security and Cooperation in Europe
(hereinafter referred to as the “CSCE Assembly”) not to exceed 17 Members of Congress shall be appointed to meet jointly and annually with
representative parliamentary groups from other Conference on Security and Cooperation in Europe (CSCE) member-nations for the purposes of—
(1) assessing the implementation of the objectives of the CSCE;…..
Here’s the definition of terrorism according to the Council of Europe
Council of Europe Convention on the Prevention of Terrorism
Warsaw, 16.V.2005 conventions.coe.int...
The member States of the Council of Europe and the other Signatories hereto,
Recalling that acts of terrorism have the purpose by their nature or context to seriously intimidate a population or unduly compel a government or an
international organisation to perform or abstain from performing any act or seriously destabilise or destroy the fundamental political,
constitutional, economic or social structures of a country or an international organisation;
Have agreed as follows:
Article 5 – Public provocation to commit a terrorist offence
1 For the purposes of this Convention, "public provocation to commit a terrorist offence" means the distribution, or otherwise making available,
of a message to the public, with the intent to incite the commission of a terrorist offence, where such conduct, whether or not directly advocating
terrorist offences, causes a danger that one or more such offences may be committed
Article 8 – Irrelevance of the commission of a terrorist offence
For an act to constitute an offence as set forth in Articles 5 to 7 of this Convention, it shall not be necessary that a terrorist
offence be actually committed.
Here’s the conforming Agreement located in the Patriot “Act”.
(USA PATRIOT ACT) Act of 2001
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
TITLE 18 > PART I > CHAPTER 113B > § 2331
(5) the term “domestic terrorism” means activities that—
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States.
While terrorism should be condemned, and punished, what about all the talk about thought crimes. The FBI is crusading to bust up groups that are
attempting to (in their views) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion. What about Constitutional Rights to free assembly, and free speech, these
aren’t in a real sense “crimes”, and furthermore who’s liable?. The answer is in a treaty. Parts are listed below.