[Infowarrior] - DOJ NSD Launches New Office of Intelligence

[Richard Forno]

Department of Justice Seal Department of Justice
FOR IMMEDIATE RELEASE
WEDNESDAY, APRIL 30, 2008
WWW.USDOJ.GOV
NSD
(202) 514-2007
TDD (202) 514-1888

National Security Division Launches New Office of Intelligence

WASHINGTON, D.C. ­ Patrick Rowan, Acting Assistant Attorney General for
National Security, today announced the formal launch of the Office of
Intelligence within the Justice Department¹s National Security Division
(NSD). The reorganization creates three new sections within the Office of
Intelligence dedicated to the NSD¹s three primary intelligence related
functions ­ operations, oversight and litigation.

The Department of Justice has played a critical role in the nation¹s effort
to prevent acts of terrorism and to thwart hostile foreign intelligence
activities. Since the 9/11 terrorist attacks, the Department¹s 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 office¹s 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 division¹s
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 NSD¹s 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 FBI¹s national security program for
adherence to all applicable laws, regulations, and guidelines.

In conjunction with the FBI¹s 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 NSD¹s traditional FISA oversight
functions, required the formation of a new Oversight Section dedicated to
this mission.

Litigation Section:

With the lowering of the ³wall² 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.

###

08-360