Federal Bureau of Investigation (FBI) Presentation by ... - Louisiana

Federal Bureau of InvestigationNew Orleans DivisionJoint Terrorism Task ForceSSA Lon J. Boudreaux Jr.

U.S. Policy on Counterterrorism“Within the United States, the Department of Justice,acting through the FBI, shall direct the efforts of othermembers of the law enforcement community andcoordinate with other Federal agencies, to prevent orpreempt terrorist acts, and to ensure efficientdirection of investigations related to terrorism.”“Within the United States, the Department of Justice,acting through the FBI, shall have lead responsibilityfor management of terrorist incidents.”Guided by NSPD-46/HSPD-15

Joint Terrorism Task Force(JTTF)• The FBI and its JTTF is the agency authorized to conductCounterterrorism investigations and operations within theUnited States.• One or more JTTFs are presently operating in each of the 56FBI Divisions within the United States.• The JTTF is composed of local, state and federal agenciesjoined together to investigate Domestic and InternationalTerrorism cases.• Task Force Agents work in FBI space and jointly conductFBI Terrorism Investigations.• FBI Resident Agents in Baton Rouge, Shreveport, Lafayette,Monroe, Lake Charles, and Alexandria are a part of theLouisiana JTTF.

• Louisiana State Police (LSP) (1)• New Orleans Police Department(NOPD) (2)• Jefferson Parish Sheriff’s Office(JPSO) (1)• St. Bernard Parish Sheriff’s Office(SBPSO) (2)• Harbor Police Department (HPD) (1)Louisiana Joint TerrorismTask Force (LAJTTF)Composition• St. John Parish Sheriff’s Office (SJPSO) (1)• United States Bureau of Alcohol, Tobaccoand Firearms (ATF) (1)• United States Bureau of Immigration andCustoms Enforcement (BICE) (1)• Customs and Border Protection (CBP) (1)• United States Border Patrol (1)• Plaquemine Parish SO (PPSO) (2)• St Charles Parish SO (SCPSO) (1)• FBI Special Agents (FBI) (13)• United States Coast Guard (USCG-IS) (1)• United States Department ofState (DOS-DSS)(1)• Federal Air Marshals (FMS) (1)• United States Army Intelligence (USA)(1)• United States Attorneys Office (USAO)(2)Total agents: 34

Joint Terrorism Task Force• Clearinghouse for information• Classified vs. Unclassified• Exchanges between foreign and domesticagencies, and Court• Liaison - 400 FBI Resident Agencies• Experience - constitutional rights vs. nationalsecurity concerns

Global Outreach

International TerrorismProgram• Regulated by Attorney General Guidelines,Intelligence Oversight Board, and Intelligence policies.• The Patriot Act requires all federal agencies to reportterrorist and WMD information to the FBI/JTTF.• FISA Court orders permit physical and electronicsearches in special cases, if supported by evidence ofcontrol by “a foreign power” (A foreign government or anycomponent thereof, whether or not recognized by the United States; agroup engaged in international terrorism or activities in preparation of).• Most IT investigations are based on classifiedinformation.• Foreign Intelligence, Counterintelligence, andCriminal information is collected as a by-product.

Domestic TerrorismProgram• Regulated by Attorney General Guidelines and FBIpolicies.• Rules of criminal investigations apply.• FISA law does not apply without direction from “aforeign power.” Cases rarely involve classifiedinformation.• Subprograms of the DT Program include: AviationSecurity; Maritime Security, Railroad Security, SpecialEvents Security, and Bomb Tech. They are managedand funded under the DT Program, but support the ITProgram as well.

FBI Counterterrorism MissionThe Counterterrorism mission of the FBI is toidentify, prevent, and deter the activities ofterrorists prior to the commission of a terroristact and to pursue the arrest and prosecution ofterrorists who have conducted or aided andabetted those engaged in criminal acts ofterrorism.

DHS Counterterrorism Role• The role of the Department ofHomeland Security is to prevent terroristattacks through Security measures• Provide oversight of security measures atairports, borders, and sites of criticalinfrastructure• Provide funding to enhance security to theUS Homeland through cameras, fences, etc.

FBI Programs• International Terrorism Program (IT)• Domestic Terrorism Program (DT)• Weapons of Mass Destruction (WMD)• Special Events Management Subprogram• Aviation Security Subprogram• Maritime Security Subprogram• Railway Security Subprogram• Hazardous Materials Response Team (HMRT)• Special Agent Bomb Technician Subprogram (SABT)

How are Terrorism cases• FBI/JTTF sourcesinitiated?• U.S. Intelligence Agencies• Foreign services pass tips to FBI LegalAttaches abroad• JTTF liaison with local, state and federal lawenforcement agencies• Tips from community organizations andbusinesses, i.e. INFRAGARD• Tips called into the FBI by the public

Intelligence• Sources include:HUMINT (lives on the line)ELINT, SIGINT, PHOTOINT (expensive)• 150 countries and Intelligence Agencies – FBIis a Clearing House through Legal AttacheOffices (LEGATs) – 50 states, 50,000 PoliceDepartments, and Judicial Rules of disclosure.

Classified Information• International Terrorism investigations areordinarily classified “SECRET”.• JTTF members undergo backgroundinvestigations to qualify for “TOP SECRET”clearances to cover all requirements.• Law prohibits the disclosure of classifiedinformation to anyone lacking a clearance.

FBI Investigations• Through FBI and Department of Justice policy, strictoversight is conducted in the initiation of all FBIInvestigations to ensure the rights of all US Persons(USPER) are closely protected• The FBI strives to find balance between protecting rightsof US Persons and National Security concerns• All Full Investigations initiated on an USPER are reportedto the DOJ OI. This additional oversight provides anotherlevel of protection for the constitutional rights of USPERs.• AGG-Dom authorizes several levels of investigativeactivity

AssessmentsPer the FBI’s Domestic Investigations andOperations Guide (DIOG):“The basis of an assessment cannot be onarbitrary or groundless speculation, nor can anAssessment be based solely on the exercise ofFirst Amendment protected activities or on therace, ethnicity, national origin or religion ofthe subject.”

Type 1 Assessment• Seek information, proactively or inresponse to investigative leads, relating toactivities constituting violations of federalcriminal law or threats to the nationalsecurity• Duration: 30 days increments as approved by aField Supervisor• Approval Level: Field Level Supervisor

Type 2 Assessment• Seek information proactively or in responseto investigative leads, relating to theinvolvement or role of individuals, groups,or organizations in activities constitutingviolations of federal criminal law or threatsto the national security.• Duration: 30 days increments as approved by aField Supervisor• Approval Level: Field Level Supervisor

Preliminary Investigation• First Level of Investigative Activity• Preliminary Investigations may be initiated onthe basis of any “allegation or information”indicative of possible criminal activity or threatsto the national security.• Duration: 6 month initial inquiry with FieldSupervisor approval, Not to Extend over One Year;Quarterly oversight and review by Field Division andFBIHQ• Approval Level: 1 st 6 months- Field Level Supervisor;2 nd 6 month interval- must have SAC authority

Full Investigation• Second Level of Investigative Activity• Full Investigations may be initiated if there is an“articulable factual basis” of possible criminal ornational threat activity.• Duration: 12 month approval intervals;Quarterly review and oversight by Field and FBIHQ;• Approval Level: Field Level Supervisor, ASAC and SACAnnual Oversight and Approval must be received byFBIHQ

• Question?????• LAJTTF: 504-816-3007