◆ SpookStack

INTELLIGENCE INTEGRATION The Bureau is designed, and has always operated, as both a law enforcement and an intelligence agency. It has the dual mission 1) to investigate and arrest perpetrators of completed crimes (the law enforcement mission); and 2) to collect intelligence that will help prevent future crimes and assist policy makers in their decision making (the intelligence mission). History has shawn that we are most effective in protecting the U.S, when we perform these two missions in tandem Agents long ago recognized that investigations could produce intelligence benefits beyond arrest and prosecution Starting with the Ku Klux Klan cases in the 1960's and the Mafia cases of the 1970's, our agents began to view criminal investigations not only as a means of arresting and prosecuting someone for a completed crime, but also as a means of obtaining information to prevent future crime. Their goal was not simply to arrest individual members of the Klan or the Mafia, but to penetrate and dismantle the whole criminal organization. As agents adopted this approach, they further developed the intelligence tools — such as electronic surveillance and the cultivation of human sources — that are critical to predicting and preventing criminal activity. They. also learned to think strategically before making arrests, sometimes opting to delay a suspect's arrest to allow more opportunity for surveillance that might disclose other conspirators or other criminal plans. We have-used this approach to great effect in organized crime cases and espionage investigations, and members of our Safe Streets Task Forces use it in their fight against street gangs. This 1s the approach that is needed to prevent terronsm. As of September 11, 2001, however, we were handicapped in our ability to implement this approach in the counterterrorism arena for two primary reasons. « First, judicial rules and DOJ internal procedures prohibited our counterterrorism agents working intelligence cases from coordinating and sharing information with criminal agents who often were working investigations against the same targets. » Second, we had not developed the institutional structure and processes necessary for a fully functioning intelligence operation. We started to address. each of these problems immediately after the September 11, 2001, attacks. Integrating Criminal and Intelligence Operations By definition, investigations of international terrorism are both “intelligence” and “criminal” Investigations. They are intelligence investigations because their objective, pursuant to Executive Order 12333, is “the detection and countering of international terrorist activities,” and because they employ the autharities and investigative tools — such as Foreign Intelligence Surveillance Act warrants — that are designed for the intelligence mission of protecting the U.S. against attack or other harm by foreign entities. They are criminal investigations since international terrorism against the U.S constitutes a violation of the federal criminal code. Over the past two decades, a regime of court rules and internal DOJ procedures developed surrounding the use of FISA warrants that barred FBI agents. and other Intelligence Community personne! working intelligence cases that employed the FISA tool from coordinating and swapping leads with agents working criminal cases. As a result of this legal “wail,” “intelligence” agents vem ete ee bee wien atest joie 000000362