When the Cipher Brief asked me to write an article assessing how well the FBI has done since 9/11 in protecting our country from terrorism threats and whether there was a need for a separate domestic intelligence agency, I agreed without hesitation. On 9/11, I had been in the FBI for 15 years and was assigned to the FBI’s Office of the General Counsel. I lived through and was part of the FBI’s transformation. I watched the agency I was so honored to serve take a hard look at itself and, as it has always done in its 100 plus years of existence, meet the challenge head on and become even better and stronger. In the past 15 years, the FBI has effectively integrated intelligence in all aspects of its mission and used both law enforcement and intelligence tools to combat threats to our national security.
Since 9/11, the FBI has increased its intelligence capabilities, not only from a collection perspective, but more importantly, from an analytical and dissemination perspective. The FBI carries out its mission through a threat based, intelligence led approach. Instead of developing and collecting intelligence to solve a case, the FBI now collects and uses intelligence to develop a threat picture that is used to disrupt threats before they occur. Intelligence drives the FBI investigations by helping to understand the threats, how to prioritize them, and determine the best investigative approach. Being both an intelligence and law enforcement agency, the FBI can bring all the tools to the table to combat the threat. Furthermore, the FBI has strengthened its information sharing, not only internally but with its intelligence community partners, other federal, state, and local law enforcement agencies, and with its international partners.
To accomplish this, the FBI instituted both organizational and policy changes. It centralized the management of national security investigations in the National Security Branch comprised of all the FBI’s national security components – the Counterterrorism Division, the Counterintelligence Division, and the Weapons of Mass Destruction Directorate. The branch is headed by an Executive Assistant Director (EAD) and has an Associate EAD position which is filled by a senior official from the intelligence community.
The FBI also created the Intelligence Branch with the responsibility of ensuring full integration of intelligence with operations, both national security and criminal. The EAD over this branch is the FBI’s lead intelligence officer. The FBI has recruited experienced analysts and created career paths for them. Analysts have been integrated with agents, and they work side by side in the field and at Headquarters. Newly recruited analysts train with new agents at the FBI Academy, further reinforcing the partnership. The FBI has increased the number of Joint Terrorism task Forces (JTTFs) from 35 prior to 9/11 to 104 and has increased its offices overseas to 64, covering over 200 countries.
Prior to 9/11, the FBI operated under separate guidelines for criminal and national security investigations. Now the FBI operates under one set of guidelines; the Attorney General Guidelines for Domestic FBI Operations. The guidelines allow the agency to proactively look for threats, whether they are criminal or national security threats, rather than wait for something to happen. This supports the intelligence driven approach. The guidelines also eliminated several of the distinctions between national security and criminal cases, and provide the ability to use all investigative tools in investigations as appropriate. The guidelines set forth information sharing standards between the FBI, the Department of Justice, and the intelligence community. They also provide standards and procedures for foreign intelligence collection. Finally, the guidelines also provide clear authorization for intelligence analysis and planning. This consolidation and restructuring of the organization led to the FBI’s transformation to a domestic intelligence agency with both a national security and law enforcement mission.
There is tremendous benefit in having the FBI be a domestic intelligence agency with both a national security and law enforcement mission. The FBI has fully integrated intelligence into its operations and has the unique ability to action its own intelligence. The agency has at its disposal all tools, intelligence and criminal. Domestic intelligence agencies in other countries have commented on the benefit of having law enforcement tools and powers, including the power to arrest. Additionally, the FBI has a strong information sharing network among its intelligence partners, but just as importantly, with its federal, state, and local law enforcement partners. This cooperation and coordination is crucial in identifying, preventing, and investigating national security threats.
More importantly, the reason why it is beneficial for the FBI to serve in this role is our system of government. The United States has a formal written constitution which provides a layer of protection between the government and the people it serves via the Bill of Rights. Our laws, governmental policies, and executive orders provide added protection in conformance with the Constitution. Our country’s “culture” towards intelligence and secrecy is, at times, one of distrust and concern over the impact activities taken in the name of security may have on civil liberties. Working within the judicial structure as the FBI does is helpful in achieving the balance between security and civil liberties. Moreover, the FBI’s guidelines incorporate privacy and civil liberty protections, oversight mechanisms, and the public has access to the guidelines so they may see the FBI’s operating authorities.
Threats to our national security are constantly evolving and changing. The FBI is uniquely positioned to address these evolving threats through the integration of intelligence with operations, the availability of all the “tools in the tool chest,” and policies that comport with the Constitution and the protection of privacy and civil liberties.
