Keeping tabs on pro-life movement

A tip-off by an anonymous informer to Judicial Watch
has led the legal watchdog to believe that
both the Federal Bureau of Investigation and the Department of Justice
have been keeping a computer database on pro-life leaders.

Concerned about the existence of such a database, Larry Klayman, the
chairman and general counsel of Judicial Watch, filed a Freedom of
Information Act request at the end of March with both the FBI and
Justice Department. The FOIA request had asked for all documents and
records relating to VA-AP-CON, the database in question that is
maintained by the FBI. Because no documents have been turned over to
Judicial Watch, the group filed a FOIA lawsuit against the Justice
Department and the FBI last Friday.

At issue in the most recent lawsuit filed by Judicial Watch is the
possible violation of the pro-lifers’ First Amendment rights of freedom
of speech, free exercise of religion, peaceable assembly, and the right
to petition government for a redress of grievances. The documents in
the database may also show a violation of other relevant statutes and
rights, Judicial Watch contends.

Judicial Watch believes abortion clinic violence may be the excuse
for the creation of such a database. Although some employees within the
FBI, according to Judicial Watch, reportedly objected to its creation,
the upper levels of the Justice Department ordered they be made anyway.

In the initial FOIA request back in March, Judicial Watch
specifically asked for any databases containing biographical or other
information on pro-life leaders and organizations including, but not
limited to, Dr. Wanda Franz, Randall Terry, Judith Brown, the American
Life League and the National Right to Life Committee.

The FBI later responded to Judicial Watch’s request at the beginning
of April saying that an agency search of the automated indices to the
Central Records System revealed records pertaining to Judicial Watch’s
request regarding the VA-AP-CON Database and the American Life League.
In fact, the FBI, in the letter, admitted the search revealed many
documents that would be of interest to Judicial Watch.

“For your information, the material responsive to your request is too
voluminous to be processed by the resources of this office; therefore,
we have referred your request to the FOIPA Section (Freedom of
Information/Privacy Act Section) at FBI Headquarters for processing,”
the letter stated.

In the same letter, the FBI stated no records were found regarding
the National Right to Life Committee. As for any records of Dr. Wanda
Franz, Randall Terry or Judith Brown, the FBI notified Judicial Watch
that either a proof of death or a privacy waiver would have to be
submitted from the individuals in question before any search was done on
them.

Later in April, the Department of Justice also replied to Judicial
Watch’s FOIA request. However, in the letter, the agency granted itself
an indefinite extension allowing the Department of Justice to provide
the requested documents to Judicial Watch at any time.

On June 1, Judicial Watch filed an administrative appeal of the FBI
and Justice Department for the agencies’ refusal to abide to the FOIA
request. The Justice Department, though, turned down the administrative
appeal on June 18.

According to Judicial Watch, neither the FBI nor the Justice
Department are permitted to grant indefinite extensions of time to
respond to FOIA requests. The Freedom of Information Act only allows
for a maximum 10-day extension to the 20-day deadline for producing
requested documents.

It is because of this clear violation of time in responding to
Judicial Watch’s FOIA request that the organization has filed suit
against the FBI and Justice Department.

Regarding this most recent case against the FBI and Justice
Department, Klayman said, “The Clinton administration has used and
continues to use the FBI as a political weapon against its perceived
adversaries. We’ve seen this in spades in our $90 million Filegate
lawsuit. Now, we understand that the Clinton Administration is keeping
a FBI database on prominent Americans and other citizens who happen to
be active in the pro-life movement and who believe it is wrong to kill
unborn children.”