FBI Uses 'Assessments' to Circumvent Legal Restrictions on Domestic Surveillance
Source: J.D. Tuccille. "Report: The FBI bent its own rules to spy on 1,100 'sensitive' targets." February 16, 2026. reason.com
The Gist
The FBI found a way around rules that require evidence before investigating people. They created something called 'assessments' that let them spy on Americans with almost no justification, and they've used this loophole to target over 1,000 religious leaders, journalists, and politicians.
Conclusion
The FBI has systematically circumvented legal restrictions on domestic surveillance by using 'assessments' as a loophole to spy on Americans without proper justification
Premises
- The FBI created 'assessments' that require no factual predication, unlike investigations which require evidence of criminal activity or national security threats
- Between 2018-2024, the FBI opened approximately 127,000 assessments, with 1,100 targeting 'sensitive' individuals including religious figures, journalists, activists, and public officials
- Assessments targeting sensitive individuals are converted to full investigations at a 48% rate, compared to only 14% for regular assessments
- FBI agents violated even the loose assessment rules in approximately 5-7% of cases, using unauthorized investigative methods
- The FBI relies on self-reporting for compliance violations, which it admits likely undercounts actual noncompliance
- These violations occurred across 24 of 56 FBI field offices, indicating systemic rather than isolated problems
Assumptions
- Legal restrictions on FBI investigations exist for good constitutional reasons
- Creating alternative procedures to bypass these restrictions undermines their purpose
- Government surveillance powers should be subject to meaningful oversight and limitations
- Self-reporting of violations is inherently unreliable for law enforcement accountability