◆ SpookStack

and “criminal agents working on 4 terrorist target had to proceed without knowing what the other may have been doing about that same target. In short, we were fighting international terrorism with one arm ted behind our back The USA PATRIOT Act, enacted on October 26, 2004, eliminated this “wall” and authorized coordination among agents working criminal matters and those working intelligence investigations On March 6, 2002, the Attorney General issued new Intelligence Sharing Procedures for Foreign Intelligence and Foreign Counterintelligence Investigations Conducted by the FBI (Intelligence Sharing Procedures) to capitalize on this legislative change The new procedures specifically authorized agents working intelligence cases to disseminate to criminal prosecutors and investigators all relevant foreign intelligence information, including information obtained from FISA, in accordance with applicable minimization standards and other specific restrictions (originator controls). Correspondingly, they authorized prosecutors and criminal agents to advise FBI agents. working intelligence cases on all aspects of foreign intelligence investigations, including the use of FISA. On November 18, 2002, the Foreign Intelligence Surveillance Court of Review issued an opinion approving the Intelligence Sharing Procedures, thereby authorizing us to share information, including FISA-derived information, between our criminal and intelligence investigations. With this opinion, we finally were free to conduct our terronsm investigations with the full use and coordination of our criminal and intelligence toals and personnel. To formalize this merger of intelligence and criminal operations, we have abandoned the separate case classifications for “criminal” international terrorism investigations (with the classification number 265) and "intelligence" international terrorism investigations (classification number 199), and we have consolidated them into a single classification for "international terrorism" (new classification number 315). This reclassification officially designates an international terrorism investigation as one that can employ intelligence tools as well as criminal processes and procedures. In July 2003, we codified this approach in our Model Counterterrorism Investigative Strategy, which was issued to ail field offices and has been the subject of extensive field training. With the dismantling of the legal “wall” and the integration of our criminal and intelligence personnel and operations, we now have the latitude to coordinate our intelligence and criminal investigations and to use the full range of investigative tools against a suspected terrorist. On the intelligence side, we can conduct surveillance on the suspected terrorist to learn about his movements.and identify possible confederates; we can obtain FISA authority to monitor his conversations; and/or we can approach and attempt to cultivate him as a source or an operational asset. On the criminal side, we have the option of incapacitating him through arrest, detention, and prosecution We decide among these aptions by continuously balancing the opportunity to develop intelligence against the need to apprehend the suspect and prevent him from carrying out his terrorist plans. This integrated approach has guided our operations during the past 31 months, and it has successfully foiled terrorist-related operations and cells from Seattle, Washington, to Detromt, Michigan, to Lackawanna, New. York. Integrating Intelligence Processes in our Operations Although we are now able to coordinate our intelligence collection and criminal law enforcement operations, we can only realize our full potential as a terrorism. prevention agency by developing the intelligence structure, capabilities, and processes to direct those operations. Without an effective intelligence capacity, we cannot expect to defeat a sophisticated and opportunistic adversary like al-Qa’ida. MISC DOC. #5 24 000000363