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9 11 Commission Report — Part 4
Page 21
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INTELLIGENCE CYCLE
1. The FBI is in the process of establishing a formal intelligence cycle. In testimony before
the Senate Judiciary Committee on July 13, the Director stated that "... the intelligence
cyele of requirements, collection, analysis, dissemination, aad feedback always was and is
now carried out...” across the FBI. The Director also stated that the USA PATRIOT Act
allowed the FBI"... io move from thinking about ‘intelligence as a case‘ to 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 activities?
Response:
We see enormous synergies between the two activities and, because of the tearing
down of the walls between criminal and intelligence actwities, the FBI is now
able reahze those synergies. First, National Intelligence Requirements are
generated based on national security issues articulated by the President through.
his advisors on National Secunty and Homeland Security. The FBI's law
enforcement priorities are fully represenied tn those cequirements and the
Attomey General and the Director of the FBI paricipate in quarterly National
Secunty Council Principals’ Meetings devoted to the review of intelligence
requirements. The new Attomey General Guidelines allow us to develop positive
intelligence without first opening a case, and the FISA Court of Appeals ruling
eliminated the need to open parallel cnminal and intell:gence cases and to
marmtain a wall between therm For that reason, the CTD has adopted the Model
Counterterrorism Investigative Strategy (MCTS) in which all cases are opened as
intelligence cases.
The FBI brings enormous strengths to the development of sources and the analysis
of information precisely because of its history of gathenng evidence to support
legal proceedings. Because it is accustomed to the need for witnesses and
evidence that will withstand the scrutmy of Judicial review, the FBI 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 sometimes
viewed as a contradiction between evidence gathering and intelligence collection.
The legai framework created by FISA and the Classified Information Procedures
Act has for the past 25 years successfully sapported criminal prosecutions
invelving classified information.
20
MISC. REQ. #53 000004687
sa pinned ts i
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