So it’s official: the rule of ideological political opinion now trumps the rule of written laws.
The FBI’s creeping advance into the world of counterterrorism is nothing new. But quietly and without notice, the agency has finally decided to make it official in one of its organizational fact sheets. Instead of declaring “law enforcement” as its “primary function,” as it has for years, the FBI fact sheet now lists “national security” as its chief mission. The changes largely reflect the FBI reforms put in place after September 11, 2001, which some have criticized for de-prioritizing law enforcement activities. Regardless, with the 9/11 attacks more than a decade in the past, the timing of the edits is baffling some FBI-watchers.
“What happened in the last year that changed?” asked Kel McClanahan, a Washington-based national security lawyer.
McClanahan noticed the change last month while reviewing a Freedom of Information Act (FOIA) request from the agency. The FBI fact sheet accompanies every FOIA response and highlights a variety of facts about the agency. After noticing the change, McClanahan reviewed his records and saw that the revised fact sheets began going out this summer. “I think they’re trying to rebrand,” he said. “So many good things happen to your agency when you tie it to national security.”
Although a spokesman with the agency declined to weigh in on the timing of the change, he said the agency is just keeping up with the times. “When our mission changed after 9/11, our fact sheet changed to reflect that,” FBI spokesman Paul Bresson told Foreign Policy. He noted that the FBI’s website has long-emphasized the agency’s national security focus. “We rank our top 10 priorities and CT [counterterrorism] is first, counterintel is second, cyber is third,” he said. “So it is certainly accurate to say our primary function is national security.” On numerous occasions, former FBI Director Robert Mueller also emphasized the FBI’s national security focus in speeches and statements.
FBI historian and Marquette University professor Athan Theoharis agreed that the changes reflect what’s really happening at the agency, but said the timing isn’t clear. “I can’t explain why FBI officials decided to change the fact sheet… unless in the current political climate that change benefits the FBI politically and undercuts criticisms,” he said. He mentioned the negative attention surrounding the FBI’s failure in April to foil the bomb plot at the Boston Marathon by Dzhokhar and Tamerlan Tsarnaev.
Whatever the reason, the agency’s increased focus on national security over the last decade has not occurred without consequence. Between 2001 and 2009, the FBI doubled the amount of agents dedicated to counterterrorism, according to a 2010 Inspector’s General report. That period coincided with a steady decline in the overall number of criminal cases investigated nationally and a steep decline in the number of white-collar crime investigations.
“Violent crime, property crime and white-collar crime: All those things had reductions in the number of people available to investigate them,” former FBI agent Brad Garrett told Foreign Policy. “Are there cases they missed? Probably.”
Last month, Robert Holley, the special agent in charge in Chicago, said the agency’s focus on terrorism and other crimes continued to affect the level of resources available to combat the violent crime plaguing the city. “If I put more resources on violent crime, I’d have to take away from other things,” he told The Chicago Tribune.
According to a 2007 Seattle Post-Intelligencer investigation, the Justice Department did not replace 2,400 agents assigned to focus on counterterrorism in the years following 9/11. The reductions in white-collar crime investigations became obvious. Back in 2000, the FBI sent prosecutors 10,000 cases. That fell to a paltry 3,500 cases by 2005. “Had the FBI continued investigating financial crimes at the same rate as it had before the terror attacks, about 2,000 more white-collar criminals would be behind bars,” the report concluded. As a result, the agency fielded criticism for failing to crack down on financial crimes ahead of the Great Recession and losing sight of real-estate fraud ahead of the 2008 subprime mortgage crisis.
In many ways, the agency had no choice but to de-emphasize white-collar crime. Following the 9/11 attacks, the FBI picked up scores of new responsibilities related to terrorism and counterintelligence while maintaining a finite amount of resources. What’s not in question is that government agencies tend to benefit in numerous ways when considered critical to national security as opposed to law enforcement. “If you tie yourself to national security, you get funding and you get exemptions on disclosure cases,” said McClanahan. “You get all the wonderful arguments about how if you don’t get your way, buildings will blow up and the country will be less safe.”