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Armed and Dangerous: Federal Agencies Expanding Use of Firepower
by Sarah Foster
During the late morning of January 14, 1997, 20 heavily armed
federal agents and local sheriff's deputies descended from a military
helicopter onto rocky Santa Cruz Island off the California coast. As
snipers moved into position along the ridge tops to secure the
perimeter of the attack area, other agents staged dynamic entries
into the buildings -- rousting 15-year-old Crystal Graybeel who was
sleeping late in her cabin.
"They started screaming, 'Put your hands where we can see them.'
They unzipped my sleeping bag. I had to get face down on the floor
and they hand-cuffed me," the teenager said. She recalled the
intruders wore ski masks and carried machine guns. They kept her
handcuffed for two hours.
The target of the raid? A 6,500-acre bow-and-arrow hunting ranch,
the last bastion of private property on the island. The raid resulted
in three arrests -- volunteer Rick Berg, 35, and caretakers Dave
Mills, 34, and Brian Krantz, 33 -- on suspicion of robbing
Chumash Indian graves and taking human remains and artifacts,
charges they denied.
The agency responsible for all this was not the Bureau of Alcohol,
Tobacco and Firearms, nor the FBI, nor any other agency typically
associated with such "dynamic entries." This raid was the work of
the National Park Service.
Surprised? So were local residents. Though no lives were lost, the
raid inspired a firestorm of protest. "It saddens me that the Park
Service has resorted to Ruby Ridge tactics," said Marla Daily,
president of the Santa Cruz Island Foundation, referring to the
September 1992 standoff between the FBI and Randy Weaver that
resulted in the death of Weaver's wife. "This incident clearly
crosses the line," Daily said.
If the use of the Park Service in commando-style operations seems
strange, it shouldn't. At a time when elected legislative bodies from
city councils to Congress -- have been passing laws that restrict the
rights of law-abiding citizens to keep and bear arms, federal
agencies within the executive branch have been quietly authorizing
dramatically increased numbers of armed personnel -- often heavily
armed with military-style assault weapons.
Today, there are nearly 60,000 federal agents trained and
authorized to enforce the over 3,000 criminal laws Congress has
passed over the years, plus the hundreds of thousands of
regulations which now carry criminal penalties.
"Good grief, that's a standing army," said Larry Pratt of Gun
Owners of America. "It's outrageous."
According to a recent report from the General Accounting Office,
as of last September, the number of law enforcement personnel
stood at just under 50,000 -- distributed through 45 agencies -- an
increase of about 12,000 agents in 10 years with 2,436 added in
1996 alone. These are full-time agents, authorized to execute
searches, make arrests, and/or carry firearms "if necessary."
But that number is not complete. When some 7,145 Customs
inspectors and 317 Customs Department pilots are added -- all of
whom have the above listed law enforcement powers -- the total is
pushing 60,000. Why doesn't the GAO count them? Not because
they aren't armed and dangerous, but because they have different
retirement benefits.
Also, a GAO staff consultant explained that the report doesn't
include contract personnel or personnel from agencies with less
than 25 officials in law enforcement -- which is why some agencies,
the Federal Emergency Management Agency, for example, aren't on
the list.
The recent GAO report is the third and final in a series requested
by Rep. Bill McCollum, R-Florida, [Ed Note: The same fellow
who authored HR-666] chair man of the House Subcommittee on
Crime, to gather information on agencies charged with investigating
violations of federal law.
An earlier report, released last year and presenting figures through
Sept.30, 1995, dealt with the 13 biggest agencies -- those with 700
or more investigative personnel. Not surprisingly, the FBI topped
the list with over 10,000 agents, followed by the INS, Drug
Enforcement Administration, and the U.S. Marshals Service -- all
in the Department of Justice. Treasury agencies follow -- the
Internal Revenue Service, U.S. Secret Service, Customs, BATF and
the Postal Inspection Service. Then the National Park Service, U.S.
Capitol Police, the Naval Criminal Investigative Service and the
Bureau of Diplomatic Security in the State Department.
Some key findings of that report: * Ten of the 13 agencies employ
over 90 percent of all law enforcement investigative personnel:
38,739. * Between the end of fiscal years 1987 and 1995, there was
a 19 percent increase in law enforcement personnel in the 13
agencies. * As of Sept. 30, 1995, the 13 agencies employed about
42,000 investigative agents. A year later, according to the recent
GAO report, it was over 45,000. The pace shows no sign of
slackening.
>The final report deals with the 32 agencies that employ about 9
percent of the law enforcement personnel. It's among these 32 that
you'll find the U.S. Fish and Wildlife, EPA's Office of Criminal
Enforcement, Forensics and Training, the Bureau of Land
Management's Law Enforcement division and other law
enforcement bodies not usually traditionally with guns.
Yet, the proliferation of firearms is even greater in these agencies:
from a total of 2,471 law enforcement employees in 1987 to 4,204
as of Sept. 30 last year, a 70 percent increase. But beyond the flat
figures loom questions of how agencies are using, or abusing, the
powers they have in everyday law enforcement. Sting operations
and other entrapment tactics, hidden-camera surveillance, phone
tapping -- these have become commonplace practices in the name of
investigation. So, too, has the use of dynamic entry teams -- the
kind witnessed at Waco and Ruby Ridge.
David Kopel, director of the free-market Independence Institute in
Golden, Colorado, is an outspoken critic of the usurpation of local
and state police authority by the federal government and the
growing use of violence in law enforcement. According to Kopel,
the FBI has 56 SWAT teams that "specialize in confrontation rather
than investigation, even though investigation is, after all, the very
purpose of the bureau."
"Whereas (J. Edgar) Hoover's agents wore suits and typically had a
background in law or accounting, SWAT teams wear camouflage or
black ninja clothing and come from a military background," he said.
"They are trained killers, not trained investigators."
Even worse, other agencies are trying to match "FBI
swashbucklers." BATF, DEA, U.S. Marshalls Service, even the
National Park Service and Dept of Health and Human Services --
all have their own SWAT teams.
Contacted by telephone, Kopel said he was "not shocked " at the
growing size of the community of federal law enforcement
personnel as reported by the GAO, "in light of the trends over the
past 20 years." "Of course," he added, "it would have astonished
and frightened the authors of our Constitution."
"There's a continuing imperative (for an agency) to get power, and
they'll come back again and again until they get it," says Eric
Sterling, president of the Washington-based Criminal Justice
Policy Foundation and a counsel for the House Judiciary
Committee in the 1980s. Sterling, who describes himself as a
liberal, is particularly alarmed by the arming of agencies with
military weapons, such as machine-guns.
"The machine-gun is an indiscriminate weapon, and is singularly
inappropriate for the FBI and other agencies," he said. "Its use by a
government agency is a horrifying prospect."
In full agreement is Greg Lojein, legislative counsel for the
American Civil Liberties Union. He deplores not only the
expansion of the federal law enforcement, but the lack of
constraining mechanisms.
"Local police are subjected to review (by civilian boards), but not
federal agents," he noted. "When the Department of Justice
investigates (an agency incident), the results are not nearly as
trustworthy as when an independent entity investigates. Just ask
Richard Jewell about this."
Lojein called attention not only to the procurement of military
weapons themselves, but to the acquisition of heavy equipment
such as military helicopters and tanks as well -- "heavy equipment,"
he said, "more characteristic of war than of law enforcement."
"The last thing people want to see is a tank on a city street," he
said. "That's what you expect to see in Bosnia, but not in Boston."
Kopel sees the federalization of law enforcement and the growth of
the FBI as parts of a larger effort to establish a national police
force. He cites in particular the involvement of the FBI in local law
enforcement. "Besides traffic tickets, there aren't many crimes
where the FBI isn't involved in the >prosecution," he said.
Eventually, he predicts, federal law enforcement agencies will be
merged -- beginning by moving the Treasury agencies under the
control of the Justice Department, as Al Gore has recommended.
"But a separation of powers is at least a small check on the
movement towards total police power consolidation and keeps them
from going completely overboard," said Kopel. Others are
concerned that the militarization of the federal government has
already gone too far -- that once-benign agencies have been given
incentives to become armed and dangerous.
The raid at Santa Cruz, for instance, wasn't the first for the Park
Service. It wasn't even the most horrific in terms of outcome. Just
one month after the Weaver debacle at Ruby Ridge, Malibu
millionaire Donald Scott was gunned down in his home in a mid-
morning assault involving 14 agencies, including NASA,
Immigration and Naturalization Services and the L.A. County
Sheriff's Department. The alleged reason for the attack was that
Scott was suspected of growing marijuana. None was found. There,
as at Santa Cruz Island, the lead agency was the NPS; and there,
too, the real reason was to acquire Scott's estate for the Park
Service.
At Santa Cruz, the National Park Service had been trying to obtain
the 6,500-acre ranch -- which covers 10 percent of the island. The
Nature Conservancy owns the other 90 percent. The three arrests
occurred as the National Park Service had obtained orders from
Congress to seize the ranch. [ED. NOTE: Santa Cruz Island is a
Biosphere Reserve].
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