By William E. Odom

The writer, a retired Army lieutenant general, is a senior fellow at the
Hudson Institute. He was director of the National Security Agency from
1985 to 1988.

http://www.washingtonpost.com/wp-dyn/content/article/2005/06/28/AR2005062801
249.html

Wednesday, June 29, 2005; A21

Of all the failures that allowed al Qaeda's attacks on Sept. 11, 2001,
to succeed, those of the FBI are the most egregious. Yet none of the
commissions or congressional committees investigating them has proposed
more than platitudes about the FBI's reforming itself. Blistering
criticism has been abundant, but not a single serious remedy has been
demanded.

Meanwhile, evidence of the FBI's inability to reform continues to pile
up. It has botched its expensive programs for acquiring state-of-the-art
information technology systems. Its intelligence personnel still take a
back seat to its crime-fighters. The FBI's expanded role abroad has been
more disruptive than productive: Populating legal attaché offices in
U.S. embassies, usually with G-men, the bureau creates tensions with CIA
stations and displays its incompetence to foreign counterpart agencies.

A few members of the commission on weapons of mass destruction belatedly
seemed to realize that leaving counterintelligence responsibility within
the FBI was not a good idea. But they would still leave it in the
Justice Department, even if it were taken out of the FBI. That would be
a fatal mistake. It cannot be effective there.

The problem is systemic. No one can turn a law enforcement agency into
an effective intelligence agency. Police work and intelligence work
don't mix. The skills and organizational incentives for each are
antithetical. One might just as well expect baseball's Washington
Nationals to win football's Super Bowl as believe the FBI can become
competent at intelligence work.

Consider the different organizational incentives. FBI officials want
arrests and convictions. They want media attention and lots of it. FBI
operatives want to make arrests, to "put the cuffs on" wrongdoers. They
have little patience for sustained surveillance of a suspect to gain
more intelligence. They prefer to gamble on an early arrest and an
intimidating interrogation that might gain a confession. To them,
sharing intelligence is anathema. Intelligence is something to be used,
not shared. Getting the credit is far more important than catching the
spy or the terrorist.

Intelligence officials do not want public attention. They want to remain
anonymous. They do not need arrest authority. They want to follow spies
and terrorists secretly, allowing them to reveal their co-conspirators.
Their reward comes from providing intelligence to others, not hiding it.
They are quite happy to let the FBI make the arrests and take the
credit.

There is, of course, an overlap between the two cultures: Gathering
sufficient evidence to make an arrest and prove guilt is common to both.
But counterintelligence agents tend to be more thorough, taking their
time to develop evidence both for trials and for operational use. They
know that they cannot let spies or terrorists get away without risking
considerable danger to the country. Cops worry much less that a criminal
will get away. Criminals are abundant and there are plenty more to
arrest.

Spies and terrorists will almost always defeat police officers. Spies
and terrorists are normally backed by large state bureaucracies or
non-state organizations with abundant resources and worldwide
operational support. Criminals seldom are. Thus FBI techniques of
recruiting "stoolies," tapping phones and conducting rough
interrogations often work with mobsters but not with spies and
terrorists.

In fact, if one looks closely at the FBI's record vis-a-vis Soviet
intelligence operatives throughout J. Edgar Hoover's reign, it is
saturated with disgraceful failures. The famous Venona file of
decryptions of Soviet agents' communications during the 1940s yielded
more than 200 names of U.S. citizens. Of those, the FBI was able (or
willing) to follow and gain adequate evidence to support the conviction
of only two: Julius and Ethel Rosenberg. Scores of others duped the FBI
completely.

The only hope for improvement is the creation of a separate agency,
equal to the CIA and under the new director of national intelligence.
Sometimes called the "MI-5 solution," after the British example, it has
been dismissed by members of Congress who say that the American public
will not tolerate a "domestic spy agency." This is simply untrue. They
have tolerated such an agency for decades -- the FBI -- and it is not
known for respecting Americans' civil rights.

Congress celebrated passing the new intelligence reform law, pretending
that it will "fix" the Sept. 11 problems. It will not. At the same time,
Congress refused to do the single thing that could fix them: create a
national counterintelligence service.




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