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Public reaction to law enforcement intelligence operations has harmed the Federal Bureau of Investigation's ability to prevent crime, Clarence M. Kelly, former director of the FBI, told 50 students at Boston University Law School yesterday.
"The pendulum has gone a little too far in taking away intelligence from law enforcement. We have enemies within and without. There are people in the United States who would sell out the country. We need a greater source of intelligence," Kelly said.
"It has come to the point where the crime has to occur before we can investigate it," Kelly added.
Kelly, who handed over his post as director of the FBI last February to Missouri Judge William Webster, said he favors wire--tapping as a means of preventing crime before it occurs, although it violates the privacy of the individual.
"Intelligence can take place without harming the rights of the individual citizens," Kelly added.
Weakened Powers
Kelly cited recent attacks on FBI informants, and the reduction of domestic security cases from 100,000 cases under J. Edgar Hoover's directorship to a present 200 cases as other examples of the FBI's weekend investigative powers.
"The FBI doesn't know whether it's been on solid ground or not," Kelly said.
"I've been sued six times since I left my position as director. Before that there were $400 million in suits against me because of my job," he added.
Kelly said that this threat of suit forces FBI agents to worry and lay off cases, weakening their investigative efforts.
Kelly said that certain changes have not harmed law enforcement. "When the Miranda decision was made, it was felt to be catastrophic. But law enforcement wasn't hurt, and it put police work on a professional plane."
"I shouldn't say this but every once in a while there is an intuitive sense in an investigation. As long as rights are preserved, investigations should be made."
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