The American Civil Liberties Union (ACLU) released documents on March 14, 2006 that document FBI surveillance and investigation of the Thomas Merton Center for Peace & Justice in Pittsburgh, PA, carried out because the group "has been determined to be an organization which is opposed to the United States' war with Iraq." This appears to be the first evidence that the FBI is using the viewpoint and activism of a U.S. nonprofit as a basis for investigation by the local Joint Terrorism Task Force (JTTF).

The documents show that the FBI began investigating the Merton Center in November 2002, noting that the group was distributing leaflets in downtown Pittsburgh. FBI documents also identify the Center as "a left-wing organization advocating, among many political causes, pacifism." A February 2003 memo titled "International Terrorism Matters" describes how the Pittsburgh JTTF reviewed the Merton Center's website to gain information about demonstrations and rallies against the war the group had planned. The memo concludes, "The above information is for your use and any action deemed appropriate."

According to Merton Center Executive Director Jim Kleissler, the organization's "members were simply offering leaflets to passersby, legally and peacefully, and now they're being investigated by a counter-terrorism unit. Something is seriously wrong in how our government determines who and what constitutes terrorism when peace activists find themselves targeted."

The documents have come to light as the result of Freedom of Information Act requests filed by the ACLU on behalf of more than 150 organizations in 20 states.