ACLU sues FBI over black activist surveillance records

The American Civil Liberties Union (ACLU) and the Center for Media Justice filed a lawsuit against the FBI on Thursday, alleging that the bureau is “improperly withholding” records on surveillance of black activists.

The groups previously submitted a Freedom of Information Act request for details about a 2017 FBI report on “Black Identity Extremists,” but are now saying the FBI refused to search for some of the information they requested and only gave them documents that were “heavily redacted.”

“The information disclosed is heavily redacted and incomplete, suggesting that the FBI continues to improperly withhold responsive information,” the organizations argued in court. {mosads}

“Plaintiffs are entitled to the records they seek,” the lawsuit says. “These records will critically contribute to public understanding of the FBI’s basis for identifying a so-called ‘Black Identity Extremist’ threat.”

An FBI spokesperson declined to comment, saying that the bureau does not comment on pending litigation.

“The FBI’s baseless claims about a fictitious group of ‘Black Identity Extremists’ throws open the door to racial profiling of Black people and Black-led organizations” said Nusrat Choudhury, deputy director of the ACLU’s Racial Justice Program, in a news release.

“The public needs to know whether FBI is manufacturing a threat to improperly surveil, investigate, and prosecute Black people for constitutionally protected activity,” she added. 

Foreign Policy obtained an FBI “Intelligence Assessment” in 2017 titled “Black Identity Extremists Likely Motivated to Target Law Enforcement Officers,” that said some black people are a threat to police officers. The report was condemned as racist by civil rights groups.

The FBI at the time did not confirm the assessment, but told Foreign Policy that “the FBI cannot initiate an investigation based solely on an individual’s race, ethnicity, national origin, religion, or the exercise of First Amendment rights.”

–Updated at 2:46 p.m.