6.2 FBI & CIA

WHO? The FBI and CIA.

WHAT? Respectively perform domestic and international counterterrorism.

WHEN? The FBI was founded in 1908, and the CIA created in 1947.

WHERE? The FBI investigates terrorism inside the US, and the CIA investigates terrorism outside the US, and the two work together in the NCTC.

WHY? To safeguard the US from domestic catastrophic destruction.

Let’s take a closer look at how the FBI and CIA play in counterterrorism. The FBI has about 35,000 agents stationed in locations around the world. Headquarters are located in Washington DC, though a good many agents are assigned to the 56 field offices across the US. As the lead federal agency responsible for domestic counterterrorism, FBI agents gather intelligence and conduct investigations to try and prevent terrorist attacks. Stopping terrorists before they strike inside the US is no easy task. The First Amendment protects freedom of expression, and the Fourth Amendment protects against unwarranted surveillance. Before 9/11, the FBI could not open an investigation and conduct surveillance unless it had a “factual predication”, some indication of possible criminal activity or threat to national security. Since 9/11, the FBI has been authorized to conduct “assessments” that may be based on no more than a vague tip. An “assessment” may lead to a formal investigation should it reveal criminal activity. Since 9/11, the USA PATRIOT Act makes it easier to conduct surveillance on terrorist suspects. The USA PATRIOT Act facilitates “roving” wiretaps, meaning an agent doesn’t need to obtain a new warrant every time a suspect changes telephones to try and evade surveillance. The USA PATRIOT Act also extends “trap and trace” authority allowing agents to identify who a suspect is talking to, not just on the other end of a telephone, but email and other electronic means. Perhaps more controversial, the USA PATRIOT Act also expands the use of National Security Letters to collect data from third parties such as Telephone companies, Internet providers, and banks. Because it is controversial, the USA PATRIOT Act is subject to renewal and change every four years. Even so, it is a fine line that separates protected radical activity from criminal violent extremism. Sometimes the FBI will resort to special tactics to try and differentiate the radical from the violent. One technique called the “Al Capone” approach arrests the suspect on a lesser charge, such as lying to an FBI agent, and uses the criminal predicate to authorize a deeper investigation. In September 2009, the FBI arrested Najibullah Zazi for lying to agents. Subsequent searches uncovered explosive materials and plans to bomb the New York subway system. Another technique called “Agent Provocateur” sets up a suspect in a sting operation. In November 2010, Mohamed Osman Mohamud was arrested after he attempted to detonate what he thought was a bomb in Portland OR. It was actually a dud delivered by undercover FBI agents. Compared to the FBI, CIA counterterrorism efforts don’t labor under the same restrictions. The CIA has 21,575 personnel working around the world and from headquarters in Washington DC. Created by the National Security Act of 1947, the CIA was chartered to gather, process, and analyze national security information from around the world. Its primary means of collection is through spies. The CIA is the only agency authorized to carry out covert foreign action on behalf of the President. Since 2004, the CIA Director works for the Director of National Intelligence who manages the budget and coordinates the activities of all 17 members of the US Intelligence Community. The CIA works together with other members of the Intelligence Community to gather, process, and analyze terrorist information in the National Counterterrorism Center, not far from CIA HQ in DC. Only a very small fraction of CIA personnel are spies, or agents under “non-official cover” as they are formally called. Most CIA personnel are Intelligence Analysists. Intelligence Analysts take raw data and turn it into useful reports, warnings, and alerts. It was such intelligence analysis that found where Bin Laden was hiding in 2011. If necessary, the CIA can deploy operatives from the Special Activities Directorate to conduct lethal missions. They proved very effective at rallying the Northern Alliance against the Taliban in 2003. But as we saw in the case of Osama bin Laden, that mission was given over to the US Department of Defense whose counterterrorism role we will examine in the next topic.