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9 11 Commission Report — Part 4
Page 21
21 / 57
1, The FBI is in the process of establishigg a formal intelligence cycle. In testimony before
the Senate Judiciary Committee on July 13, the Director stated that "... the intelligence
evele of requirements, collection, analysis, dissemination, and feedback always was and is
now carried out...” across the FBY. The Director alsa stated that the USA PATRIOT Act
allowed the FBI"... io move from thinking about ‘intelligence as a case’ te finding
‘intelligence in the case’... Do you see any contradictions or synergies between the
gathering of evidence to support legal proceedings and the collection of intelligence based
on previously identified gaps In national intelligence to prevent terrorist attacks or
espionage avtivities?
We see enormous synergies between the two activities and, because of the tearmg
down ofthe walls between somminal and intelligence activities, the FAL is now
able reahze those yore es. First, National intelligence Requirements are
generated Based O8 naho mal senutify issues articulated by the President through
his advisors on National Seounty and Homeland Security. The FBY’s law
enforesment priotihes are fully represented tn those requuremients and the
Attorney General and the Director of the FRI parhierpate in quarterly National
Secunty Council Principals’ Mestings devoted to the review of intelligence
requirements. The new Atiomey General Guidelines allow as to develop positive
intelligence without first openmg a case, and the PISA Court of Appeals fing
eliminated the need to oper parallel crmunal and intelligence cases and to
maaan a wall between them For that reason, the CTD hae adopted the Model
(Counterterrorism Investigative Strategy (MCTS) in which all cases are opened as
intelligence: cases.
The FRI briegs enormous strengths to the development of sources and the analysis
of information precisely because of its history of gathenng evidence fo support
legal proceedings. Because itis accustomed to the need for witnesses and
evidence that will withstand the scruftmy of judicial review, the PRI brings a rigor
and discipline to source development and analytic work that should serve as a
model for the USIC.
The need to protect classified information within court proceedings is sometimiss
viewed a5 a contradiction between evidence gathering ard mmelligence collection.
The! legal framework created by FISA and the Classvied Information Procedures
ot has for the past 25 years successfully supported crimunal prosecutions
involving clasetfied information.
ral
MISC. REO. #53 000004687
+ ela a (ahaa A” + & i
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