Critical Analysis of Doubts about the Federal Bureau of Investigation's Ability to Provide Domestic Intelligence Security

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Subject:

Domestic Intelligence Security would be better fulfilled if a unified domestic intelligence agency were to be created and the FBI returned to its original mission.

Purpose

Policy critics have voiced serious doubts about the Federal Bureau of Investigation (FBI)’s capability to competently assume the role of intelligence gatherer for the Intelligence Community (IC). (Session 5 Lecture, 2020) With all the cutting edge technology and terroristic threats it’s best that the FBI focus their resources on their original purpose and a unified domestic intelligence agency were to be created

Background

During World War II (WWII), J. Edgar Hoover established the FBI Special Intelligence Service to seek out spies and saboteurs. After the war, the FBI was assigned to Intelligence and law enforcement investigations. Later on the FBI was additionally tasked with kidnapping investigations due to the then famous Lindbergh kidnapping. However, during the Cold War, the FBI rooted out Communists. In the Civil Rights Era, the FBI tracked Civil Rights leaders, infiltrated protest groups, and took measures to disrupt these assemblies. At that time Congress approved every FBI budget request and the FBI became very powerful.

In 1971, a group broke into the FBI’s office in Pennsylvania and stole over 1000 classified documents. An analysis of the stolen classified documents exposed the fact that 47% of FBI activity was not law enforcement, but intelligence collection on political activity and draft resistance. Congress then assumed a more prominent role that began the investigation of the intelligence activities of the United States through the Church and Pike Committees. The findings of the Church and Pike committees were gross misuses of authority. All branches of the Intelligence Community were conducting unregulated intelligence collection efforts within the United States (US).

In 1972, the Watergate investigation significantly altered history and the relationship between the people and government. On December 22, 1974, an investigative journalist named Seymour Hersh published a story which revealed that the Central Intelligence Agency (CIA) was collecting intelligence on political activities and US citizen’s activities with relation to assassinations. Further revealing The FBI’s collection of intelligence on congressional personnel and the bugging of the Supreme Court. The National Security Administration (NSA) was also involved in intercepting of telecommunications from various agencies. By the mid-1970s, several FBI agents were under investigation for abuses of various forms of power.

Today, The FBI is housed under The Department of Justice (DOJ) which is governed by the Executive Branch of Government. The FBI’s primary concerns are counterintelligence issues of foreign embassies, stolen U.S. technical secrets and foreign agents seeking to recruit Americans as spies.

Discussion

In the past decade, the FBI has become the lead agency experienced in counterterrorism but there are several issues. The privacy versus public safety is top of the list. Another, concern is the FBI might have violated US citizens 5th Amendment rights to illegally obtain information in promotion of terrorism investigations. Despite the fact that domestic intelligence operations yield benefits, they also violate personal freedoms and individual rights. Federal agencies, particularly the FBI, are largely held accountable for such violations. (Session 5 Lecture, 2020) Constitutional rights of privacy against governmental intrusions must be protected as well as the government’s interest in protecting our country.

“The FBI has a long history of abusing its claimed intelligence authorities to impede Americans’ 1st Amendment rights. In 2010 the Inspector General’s (IG) office audit the FBI to reveal the FBI’s inclination to view political activism as a potential threat has recently resurfaced yet again in today’s FBI. FBI training materials states that “the FBI has the ability to bend or suspend the law and impinge on freedoms of others” when using its intelligence authorities.” (German, 2014)

The sharing and disseminating of information between the FBI and other agencies and local governments have led to power struggles in the past. Therefore, Fusion Centers were created as offices that could gather information from all agencies and open sources. Then analyze the data, provide policymakers with greater situational awareness and warning of planned attacks. Some fusion centers have access to the databases of all intelligence agencies and it can draw upon analytical resources throughout the government to supplement its own files. However, when of National Counterterrorism Center (NCTC) are staffed with various agency employees’, loyalty to their parent agencies rather than the NCTC itself were problematic. (Best, 2011)

Additionally, Human collection has been a particular challenge inasmuch as the personnel and methodologies useful for collecting information about topics such as Soviet diplomatic or military policies are far different from those necessary to collect information about a terrorist or drug-smuggling groups. The emergence of transnational threats in recent years and the availability. (Best, 2001)

Recommendation

“Can a single federal law enforcement agency exist in place of the various federal agencies? It may seem reasonable, especially because there has not been another large scale attack.” (Session 5 Lecture, 2020)

Today the Central Intelligence Agency (CIA)’s purpose is primarily foreign intelligence. The CIA in past years had a begrudging intelligence sharing relationship with the FBI. However, the CIA does already have a working domestic relationship with other agencies like The NSA, the military and all of its vast resources and exploits. As well as Drug Enforcement Agency (DEA), that works with agencies like the Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and the Coast Guard. The common ground is these agencies have amicably more experience working domestically with state-level counterparts and local units that are successfully established. “The CIA has stations in most major U.S. cities. The CIA is also allowed to approach foreign nationals in the United States and try to recruit them as spies upon their return to their home countries.” (Miller, 2012)

The NSA’s mission is specifically limited to gathering information about international terrorists and foreign persons, not U.S. Person. The National Resources Division, routinely debriefs executives, university officials and other Americans who volunteer to share information gathered on their trips out of the country. Taking into account the fulfillment of the obligation of getting information to those who need it and can use it responsibly. (Miller, 2011. Pp. 7) and the consequences of unauthorized disclosures of classified information, with a formal process for resolving disputes amongst agencies and stakeholders over the costs and of unauthorized disclosure decisions.

The FBI has recently changed its mission description from to Domestic Law Enforcement to National Security but there are several issues to be considered. The FBI on behalf of the U.S. government may conduct surveillance within the United States of foreign residents and surveillance of U.S. persons abroad. However, domestically covert surveillance is a challenge. A unified domestic intelligence agency should be created to house agencies like The Department of Homeland Security (DHS), CIA, and NSA. Where National Security and Domestic Surveillance is best left to those agencies

Conclusion

In closing, The FBI is not the idea agency to lead investigations into the US’s national security because The FBI haven’t the resources or track record to solely accomplish this task. Currently counterterrorism responsibilities are dived up and interplay between the various stakeholders in the homeland security enterprise. Hence, rendering The FBI’s efforts in counterterrorism redundant especially in a globalized environment with poly-crime organizations. The FBI should return to their traditional domestic law enforcement role.

References

Best Jr., Richard A. (December 3, 2001) Intelligence and Law Enforcement: Countering Transnational Threats to the U.S., CRS Report for Congress, Order Code RL30252. Retrieved from: https: //fas.org/irp/crs/RL30252.pdf. Accessed on: March 3, 2020
Best Jr., Richard A. (December 19, 2011) the National Counterterrorism Center (NCTC)—Responsibilities and Potential Congressional Concerns Specialist in National Defense, Congressional Research Service. Retrieve: https: //fas.org/sgp/crs/intel/R41022.pdf. Access: June 30, 2019
German, Mike. (2014, May 23). How to Fix the FBI: It Shouldn’t Be an Intelligence Agency. National Review Online. Retrieved from https://www.nationalreview.com/the-agenda/how-fix-fbi-it-shouldnt-be-intelligence-agency-michael-german/. Retrieve: https://learn.umuc.edu/d2l/le/content/424808/viewContent/16096082/View. Access: September 25, 2019
Miller, G. (2012). FBI gets broader role in coordinating domestic intelligence agencies. The Washington Post. Retrieved from https://www.washingtonpost.com/world/national-security/fbi-gets-a-broader-role-in-coordinating-domestic-intelligence-activities/2012/06/19/gJQAtmupoV_story.html
Session 5 Lecture (2020) Intelligence and Information Sharing, HSMN 610 9041 Concepts in Homeland, University of Maryland Global College. Retrieved from: https://learn.umuc.edu/d2l/le/content/444003/Home. Accessed on March 7, 2020
WMD (March 30, 2005), The Commission on the Intelligence Capabilities of the United States Regarding Weapons, Chapter 5 Collections, and WMD Commission Report: Report to the President of the United States. Retrieve: https://learn.umuc.edu/d2l/le/content/333354/viewContent/12900212/View. Accessed on September 29, 2018

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Critical Analysis of Doubts about the Federal Bureau of Investigation’s Ability to Provide Domestic Intelligence Security

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