FBI's Use of Assessments Raises Constitutional Concerns

The Federal Bureau of Investigation (FBI) has conducted approximately 127,000 assessments over six years without a criminal predicate, raising significant constitutional concerns. These assessments targeted around 1,100 individuals, including religious figures, journalists, political candidates, and public officials. Nearly half of these assessments were escalated to full investigations, which allow for more intrusive surveillance methods, such as wiretaps. Critics argue that this practice constitutes a severe violation of constitutional protections.

Lawsuit Materials: FBI Allegedly Opened 127K Assessments Without Evidence Since 2018Reason

According to a report by the Government Accountability Office (GAO), the FBI can initiate assessments without a specific factual basis, a standard significantly lower than that required for formal investigations. Assessments can be categorized into several types, with Type I/II and Type III assessments being particularly concerning as they relate to potential violations of federal law or national security threats. Between 2018 and 2024, the FBI opened approximately 124,000 Type I/II assessments and 2,800 Type III assessments.

ReasonLawsuit Materials: FBI Allegedly Opened 127K Assessments Without Evidence Since 2018

The GAO report highlights that 14% of Type I/II assessments were converted into full investigations. However, this conversion rate is notably higher—48%—for assessments categorized as Sensitive Investigative Matters (SIM), which include domestic political candidates and religious organizations. This indicates that individuals in sensitive categories are disproportionately subjected to more rigorous investigative scrutiny.

Reason

The GAO's findings reveal troubling patterns of abuse within the FBI's assessment practices. From 2018 to 2024, approximately 5% of reviewed Type I/II assessments lacked sufficient authorized purposes, while 7% involved unauthorized investigative methods. Notably, 24 of the 56 FBI field offices reviewed exhibited instances of noncompliance with assessment policies. The reliance on self-reporting for compliance has been criticized as inadequate, likely leading to an undercount of actual violations.

Reason

Experts warn that the FBI's misuse of assessments represents a significant crisis concerning civil liberties. Patrick G. Eddington of the Cato Institute has called for a comprehensive review of all surveillance programs employed by the executive branch, likening the situation to historical abuses of power. The ongoing concerns about the FBI's domestic surveillance practices underscore the need for increased oversight and accountability.

Reason

• “What should be obvious now is that the FBI's misuse of Assessments represents a Bill of Rights-related crisis of far greater proportions than the equally objectionable Foreign Intelligence Surveillance Act (FISA) Section 702 electronic surveillance power, which is set to expire on April 20, 2026,” — Patrick G. Eddington, Senior Fellow, Cato Institute

Reason

• “Today, the FBI can gather a dossier on anyone they choose. And the amount of information available is so much broader than anything J. Edgar Hoover could have imagined,” — Mike German, Former FBI Special Agent

Reason

The FBI's extensive use of assessments without adequate legal justification raises serious questions about the agency's adherence to constitutional protections. As scrutiny of these practices intensifies, calls for reform and oversight are likely to grow, reflecting broader concerns about government surveillance and civil liberties in the United States.

Reason