National Security Division Launches New Office of Intelligence

WASHINGTON, April 30 /PRNewswire-USNewswire/ -- Patrick Rowan, Acting
Assistant Attorney General for National Security, today announced the formal
launch of the Office of Intelligence within the Justice Department's National
Security Division (NSD). The reorganization creates three new sections within
the Office of Intelligence dedicated to the NSD's three primary intelligence
related functions -- operations, oversight and litigation.

The Department of Justice has played a critical role in the nation's effort to
prevent acts of terrorism and to thwart hostile foreign intelligence
activities. Since the 9/11 terrorist attacks, the Department's Office of
Intelligence Policy and Review (OIPR) has grown dramatically because of the
steady increase in the number of applications it has handled under the Foreign
Intelligence Surveillance Act (FISA) in an effort to ensure that Intelligence
Community agencies have the authority necessary to conduct intelligence
operations.

The creation of NSD in September 2006 brought OIPR under the umbrella of NSD
and presented an opportunity to review the office's structure and expanding
mission. Based on this review, the NSD decided to modify the structure of the
office, given that its intelligence staff has grown from fewer than 20 lawyers
in 2000 to almost 100 today, and that its intelligence operations have
increased with the rise in FISA caseload. Moreover, the office has assumed an
expanded role in conducting intelligence oversight and in coordinating
FISA-related litigation.

To meet the needs of multi-faceted intelligence mission, the NSD developed a
new structure called the Office of Intelligence, which is the successor to
OIPR and consists of three specific sections aligned with the division's core
functions: operations, oversight and litigation. Each section is supervised by
a chief who reports directly to Matt Olsen, the Deputy Assistant Attorney
General for the Office of Intelligence. A description of each new section is
below:

Operations Section:

The Operations Section handles NSD's intelligence operations workload,
including representing the government before the Foreign Intelligence
Surveillance Court. The mission of the section is to ensure that the FBI and
other intelligence community agencies have the legal tools necessary to
conduct intelligence operations in adherence to the requirements and
safeguards of the law.

The Justice Department is handling more requests for FISA authority than ever
before. From 2001 through 2007, the annual number of FISA applications
approved by the Foreign Intelligence Surveillance Court rose from 934 to
2,370. Even with this increased workload, NSD has increased its efficiency in
preparing and submitting applications to the Foreign Intelligence Surveillance
Court, while ensuring that these applications are accurate and comply with the
privacy protections in the FISA statute. The formation of the Operations
Section is necessary to ensure that the National Security Division enhances
its capacity to meet the demands of this critical mission.

Oversight Section:

The NSD also faces increased responsibilities in its mission to conduct
oversight of the intelligence and counterintelligence activities of the FBI,
as well as those of other intelligence agencies, as appropriate, to ensure
adherence to the Constitution and applicable laws of the United States. In
July 2007, the Department announced that a significant new national security
and oversight effort would be implemented by the NSD. To meet this mandate,
Justice Department attorneys for the first time have been given comprehensive
authority to examine the FBI's national security program for adherence to all
applicable laws, regulations, and guidelines.

In conjunction with the FBI's office of general counsel, NSD attorneys now
review national security investigation files at the FBI to identify and
provide guidance on a range of issues. Among other things, the reviews examine
FBI compliance with Attorney General national security guidelines, use of
national security letters, predication for national security investigations,
and referrals to the Intelligence Oversight Board. NSD conducted 15 national
security reviews at FBI offices in 2007 and plans to complete another 15
reviews in 2008. The mandate to perform these new oversight responsibilities,
in addition to NSD's traditional FISA oversight functions, required the
formation of a new Oversight Section dedicated to this mission.

Litigation Section:

With the lowering of the "wall" between intelligence and law enforcement
investigations, and the enhanced coordination between intelligence and law
enforcement personnel, NSD has seen a steady increase in the number of
requests to use information from FISA-authorized activities as evidence in
criminal prosecutions of terrorists and spies. As a result, the NSD has
created a separate Litigation Section to ensure sufficient resources are
devoted to FISA-related litigation and to help prosecutors handle evidentiary
and discovery issues in such matters.

The Litigation Section reviews and prepares requests for Attorney General
authorization to use FISA information in criminal and non-criminal
proceedings. The section also drafts motions and briefs and responds to
defense motions to disclose FISA applications and to suppress the fruits of
FISA collection. Finally, the section works to ensure the consistent
application of FISA in trial and appellate courts nationwide. To support this
effort, the NSD in January 2008 developed a new policy, approved by the
Attorney General, for investigators and prosecutors on the use of information
obtained or derived from FISA collections.

SOURCE U.S. Department of Justice

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