DOD Regulations a the time (may be different now!) precluded the collection (for use) of information regarding US Persons.
The "for use" clause is important!!
The military was not prohibited from receiving information regarding US Persons, but, unless a clear and compelling case could be made otherwise, it could neither retain nor dissemminate the data!
The military could NOT pursue an active investigation of a US Person.
This alls means, if YOU were to walk in to an MI office and provide information regarding a US Person being involved in Espionage or Terrorism, MI could pass that info to the FBI (upon approval from the lawyers and the AG). They could NOT attempt to obtain any further information independantly!
To make matters even worse, if, during the course of an investigation, it becomes clear that US Persons are involved, the investigation STOPS! The results to that point are reviewed and passed to the FBI (via the AG).
Finally, although I would LOVE to pin this on Gorelick & the Clinton Administration - 90% of these restrictions were already in place during the Reagan Administration! Gorelick merely created an even HIGHER hurdle (for whatever nefarious reasons!!). This is the legacy of Hoover & the Vietnam Era.
As always, some excellent comments. Thanks.
Is this the point where Hoover's powermania meets natural liberal paranoia? You know, the "oh my God, they're going to look at my library books" stuff?
Gorelick had a reason to create an even higher hurdle -- in spite of information to the contrary from those tasked with protecting the country. You move over that quickly - why? Do you think she's an idiot and that explains it? Hmmmm, actually, that's what I'm thinking. Any legitimate fears that need to be faced in this issue?
From that post, I quote:
It is clear that, contrary to the FISCRs assertion, Troung was a non-factor at the Justice Department (and particularly within the OIPR) during the 1980s. The FISCR was wrong. Neither Kenneth Bass III nor Mary Lawtonthe only people in charge of OIPR from its creation in 1979 until 1993ever considered Troung relevant to FISA nor did they ever advocate any kind of wall. Communication between the DOJs law enforcement and intelligence agencies was routine on their watch. The wall came lateralong with the incorrect analysis of the importance of Troung to the FISA processfor one simple reason. Mary Lawton died.