The Intelligence Community: Department of Justice

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The United States Department of Justice (DOJ) has some unique aspects within the Intelligence Community.  Most agencies devote most of their time to intelligence on states or foreign non-governmental organizations.  However the DOJ uses primarily domestic intelligence resources and directs them against domestic and foreign criminals doing business or taking action in the United States.   Its primary agency in this task is the Federal Bureau of Investigation, but DOJ Intelligence is composed of much more than just one bureau.

The DOJ originated when the 1789 Judiciary Act created the office of the Attorney General.  His responsibility was, “to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments.” However, as the work load became to large private attorneys were hired and retained.  In 1870, as the Post-Civil War litigation increased the Congress passed the Act to Establish the Department of Justice establishing it as, “an executive department of the government of the United States.”  The Attorney General was to head the new DOJ and its mission was to handle the legal business of the United States and handle all criminal proceedings the U.S. Government had an interest in. 

Its intelligence functions are supervised by the Justice Intelligence Coordinating Council, created in 2004.  Its definition is, “the senior level coordination mechanism for all intelligence related activities conducted by the Department and its subordinate organizations.”  The agencies included in this council are: the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Bureau of Prisons; the Drug Enforcement Administration; the Federal Bureau of Investigation, the National Central Bureau (INTERPOL); the Office of Intelligence Policy and Review; the Office of Tribal Justice; and the U.S. Marshall’s Service. 

The main DOJ Intelligence organization and the best known is the Federal Bureau of Investigation (FBI).  Its mission is, “To protect and defend the United States against terrorist and foreign intelligence threats, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal justice services to federal, state, municipal, and international agencies and partners.”  It was founded July 26, 1908 as the Special Agent Force.  It went by other names as well including Bureau of Investigation, U.S. Bureau of Investigation, and Division of Investigation until it finally settled on Federal Bureau of Investigation in 1935.  It has the legal authority to investigate all federal offenses not assigned exclusively elsewhere.  It also has the power to investigate violations of state law in limited circumstances, investigate violent crimes involving interstate travelers, and investigate threats to national security define as: international terrorism; espionage and other intelligence activities, sabotage, and assassination, conducted by, for, or on behalf of foreign powers, organizations, or persons; foreign computer intrusion; and other matters determined by the Attorney General, consistent with Executive Order 12333 or any successor order. 

The other major organization within the DOJ is the Drug Enforcement Agency (DEA).  It was created by President Richard Nixon in 1973 to combat the “War on Drugs.”  Its mission is, “The mission of the Drug Enforcement Administration (DEA) is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets.”  Both the DEA and the FBI are responsible to the DOJ and to the Office of the Director of National Intelligence. 

The DOJ covers the very critical area of domestic intelligence in conjunction with its law enforcement duties.  This crucial agency provides a look into areas and investigates individual criminal actions that are not covered elsewhere.  This fact alone justifies its existence.  The DOJ and its multi-faceted roles protects America from threats within and make sure external threats are preempted before they can do harm within our borders.