The Intelligence The Intelligence

Function Function

Issues in Crime and JusticeIssues in Crime and Justice

CJ 4610 CJ 4610 –– PA 5315PA 5315

Professor James J. DrylieProfessor James J. Drylie

Week 3Week 3

The Evolution of USThe Evolution of US

Intelligence Intelligence

�� The function of intelligence in the United The function of intelligence in the United

States is often regarded as a product of States is often regarded as a product of

the Cold War.the Cold War.

�� The use of intelligence in America has The use of intelligence in America has

been a function that can be traced to the been a function that can be traced to the

founding of the Republic. founding of the Republic.

�� Intelligence has long been a staple of the Intelligence has long been a staple of the

military and shaping American policies military and shaping American policies

toward other countries. toward other countries.

The American Revolution The American Revolution

�� General George Washington was an General George Washington was an avid consumer of intelligence and is avid consumer of intelligence and is noted as a consummate practitioner noted as a consummate practitioner of the intelligence craft. of the intelligence craft.

�� In 1775 Washington employed an In 1775 Washington employed an unidentified agent to live in Boston to unidentified agent to live in Boston to report on the movements of British report on the movements of British troops.troops.

�� The use of The use of ““secret correspondencesecret correspondence””was a surreptitious way of providing was a surreptitious way of providing information.information.

�� General Washington was know forGeneral Washington was know for

•• Recruiting spiesRecruiting spies

•• He ran a number of agentsHe ran a number of agents

•• Set up spy ringsSet up spy rings

•• Devised secret methods of reportingDevised secret methods of reporting

•• Analyzed raw intelligenceAnalyzed raw intelligence

•• Mounted an extensive campaign to deceive the Mounted an extensive campaign to deceive the

BritishBritish

�� Many of WashingtonMany of Washington’’s activities in this s activities in this

regard have been credited with major regard have been credited with major

military victories and the ability of the military victories and the ability of the

Continental Army to evade the British Continental Army to evade the British

during the winters at Valley Forge.during the winters at Valley Forge.

Washington's thoughts Washington's thoughts

The necessity of procuring good The necessity of procuring good

intelligence is apparent and need not intelligence is apparent and need not

be further urgedbe further urged…… For upon Secrecy, For upon Secrecy,

success depends in most Enterprises success depends in most Enterprises

of the kind, & for want of it, they are of the kind, & for want of it, they are

generally defeated, however well generally defeated, however well

planned . . . . (letter to Colonel Elias planned . . . . (letter to Colonel Elias

Dayton, 26 July 1777) Dayton, 26 July 1777)

Early Progression of Intelligence Early Progression of Intelligence

�� November 1775 November 1775 –– the Continental the Continental Congress created the Committee of Congress created the Committee of Secret Correspondence.Secret Correspondence.•• This committee gathered foreign This committee gathered foreign intelligence from people in Ireland, intelligence from people in Ireland, England, and elsewhere in Europe to England, and elsewhere in Europe to help prosecute the war.help prosecute the war.

�� President Washington requested President Washington requested Congress to provide funds to finance Congress to provide funds to finance intelligence operations. intelligence operations.

�� July 1790 July 1790 –– Congress established the Congress established the Contingent Fund of Foreign Intercourse Contingent Fund of Foreign Intercourse (also known as the Secret Service Fund).(also known as the Secret Service Fund).

�� $40,000 was authorized for this purpose.$40,000 was authorized for this purpose.

�� Within three years the fund had grown to Within three years the fund had grown to $1 million, or 12 percent of the $1 million, or 12 percent of the GovernmentGovernment’’s budget. s budget.

�� Although Congress required certification of Although Congress required certification of expenditures it allowed the president to expenditures it allowed the president to conceal the purposes and recipients of the conceal the purposes and recipients of the funds.funds.

�� This aspect withstood a Congressional This aspect withstood a Congressional challenge in 1846 when President Polk, challenge in 1846 when President Polk, citing national security grounds, would not citing national security grounds, would not provide specific information. provide specific information.

�� Succeeding administrations may not have Succeeding administrations may not have

been as interested in intelligence to the been as interested in intelligence to the

extent that Washington was.extent that Washington was.

�� A paucity in historical records between the A paucity in historical records between the

late 1800s and early 1900.late 1800s and early 1900.

�� During the War of 1812, there was a During the War of 1812, there was a

significant failure in military intelligence.significant failure in military intelligence.

•• MI failed to discover an advancing British MI failed to discover an advancing British

troops until they were 16 miles from troops until they were 16 miles from

WashingtonWashington

•• The Secretary of War refused to believe the The Secretary of War refused to believe the

British would invade WashingtonBritish would invade Washington

•• MI reported from this perspective MI reported from this perspective

�� Civil WarCivil War

•• Union & Confederate Union & Confederate

leaders relied on Intelleaders relied on Intel

•• Established spy Established spy

networksnetworks

•• Used the press for Used the press for

gathering infogathering info

•• Confederates Confederates

established the Signal established the Signal

and Secret Service and Secret Service

Bureau Bureau

•• Union code breakers Union code breakers

decoded Confederate decoded Confederate

messagesmessages

�� Union forces Union forces

established a Balloon established a Balloon

CorpsCorps

�� Bureau of Military Bureau of Military

Intelligence Intelligence

•• First professional Intel First professional Intel

organizationorganization

•• General Joseph Hooker General Joseph Hooker

conducted assessments conducted assessments

and analysis of and analysis of

Confederate troopsConfederate troops

•• One major setback was One major setback was

the overload of the overload of

InformationInformation

•• BMI was disestablished BMI was disestablished

at the end of the warat the end of the war

•• 1865 the US Secret 1865 the US Secret

Service was created Service was created

Intelligence in Peacetime Intelligence in Peacetime

�� Prior to the 1880s Intel were devoted Prior to the 1880s Intel were devoted almost exclusively to military almost exclusively to military operations operations

�� 1882 1882 –– 11stst permanent Intel permanent Intel organizationorganization•• Office of Naval Intelligence Office of Naval Intelligence

•• Collect Intel on foreign navies in peaceCollect Intel on foreign navies in peace--timetime

�� 1885 1885 –– Military Intelligence DivisionMilitary Intelligence Division•• Similarly collected Intel foreign and Similarly collected Intel foreign and domestic domestic

President Theodore Roosevelt President Theodore Roosevelt

�� Perhaps the most active use of Perhaps the most active use of

intelligence for foreign policy intelligence for foreign policy

purposes by any President until that purposes by any President until that

time time

�� Used operatives to incite revolution Used operatives to incite revolution

in Panama to justify annexing the in Panama to justify annexing the

Panama CanalPanama Canal

�� 1907 1907 –– relied on Intel that showed relied on Intel that showed

the buildthe build--up of the Japaneseup of the Japanese

•• Launched the Launched the ““Great White FleetGreat White Fleet””

Civilian Intelligence Civilian Intelligence

�� 1908 1908 –– Justice Department Bureau of Justice Department Bureau of

InvestigationInvestigation

•• Forerunner to the FBIForerunner to the FBI

•• Established out of concern of Secret Established out of concern of Secret

Service agents spying on members of Service agents spying on members of

CongressCongress

•• 1916 saw the establishment of a charter 1916 saw the establishment of a charter

that included that included

�� Internal security Internal security

�� Border controlBorder control

�� Mexican war neutrality violations Mexican war neutrality violations

PrePre--World WarWorld War

�� With war in Europe the Bureau With war in Europe the Bureau

turned its attention to activities of turned its attention to activities of

German and British nationals within German and British nationals within

US borders US borders

World War I World War I

�� With the advent of war the US lacked With the advent of war the US lacked

a coordinated intelligence efforta coordinated intelligence effort

�� President Woodrow Wilson had a President Woodrow Wilson had a

personal disdain for spiespersonal disdain for spies

•• British intelligence would help change British intelligence would help change

his mindhis mind

The Zimmerman Telegram The Zimmerman Telegram

�� British Intelligence had intercepted British Intelligence had intercepted German diplomatic and naval trafficGerman diplomatic and naval traffic

�� The Germans were attempting to The Germans were attempting to entice Mexico into joining the effort entice Mexico into joining the effort against the USagainst the US

�� Germany offered the states of New Germany offered the states of New Mexico, Texas, and Arizona to Mexico Mexico, Texas, and Arizona to Mexico in exchange for assistance in exchange for assistance

�� 1917 1917 –– Wilson was infuriated and Wilson was infuriated and urged Congress to declare war urged Congress to declare war

�� June 1917 June 1917 –– US US

signals intelligence signals intelligence

formed in the US formed in the US

ArmyArmy

•• MIMI--88

•• Charged with Charged with

decoding military decoding military

communications communications

and providing codesand providing codes

•• Decrypted Japanese Decrypted Japanese

diplomatic traffic diplomatic traffic

�� President Hoover President Hoover ––

was against State was against State

Department Department

interception of interception of

diplomatic cables diplomatic cables

•• ““Gentlemen do not Gentlemen do not

read each otherread each other’’s s

mailmail””

�� 1925 1925 –– J. Edgar J. Edgar

Hoover named Hoover named

director of the director of the

Bureau (renamed Bureau (renamed

FBI in 1935)FBI in 1935)

J. Edgar Hoover J. Edgar Hoover

�� BureauBureau’’s charter was broadened in s charter was broadened in the years leading to World War IIthe years leading to World War II

�� Concern for US internal security was Concern for US internal security was mounting in the face of German mounting in the face of German aggression in Europe aggression in Europe

�� The Interdepartmental Intelligence The Interdepartmental Intelligence Coordinating Committee was createdCoordinating Committee was created•• First effort to coordinate US Intel First effort to coordinate US Intel community community

•• Many agencies were reluctant to share Many agencies were reluctant to share information information

World War IIWorld War II

�� FDR relied on American and FDR relied on American and

European travels to provide him with European travels to provide him with

timely and accurate Inteltimely and accurate Intel

�� William J. DonovanWilliam J. Donovan

•• WWI veteran sent to Europe by FDR to WWI veteran sent to Europe by FDR to

gather information on the stability of gather information on the stability of

Britain as well as ItalyBritain as well as Italy

•• Donavan AKA Donavan AKA ““Wild BillWild Bill”” lobbied for a lobbied for a

centralized, civilian Intel apparatus to centralized, civilian Intel apparatus to

complement the military complement the military

�� 1941 1941 –– FDR appointed Donavan as FDR appointed Donavan as

the Coordinator of Information (COI) the Coordinator of Information (COI)

to form a nonto form a non--military Intel military Intel

organizationorganization

�� The COI collected and analyzed info The COI collected and analyzed info

and data that may have a bearing in and data that may have a bearing in

national security national security

�� Donovan relied on a British model of Donovan relied on a British model of

Intel and incorporated academics to Intel and incorporated academics to

review analysis and test conclusions review analysis and test conclusions

�� Pearl Harbor revealed serious flaws Pearl Harbor revealed serious flaws in US Intelin US Intel•• Handled in a casual, uncoordinated Handled in a casual, uncoordinated mannermanner

•• Insufficient attention to collection Insufficient attention to collection requirements requirements

•• Failure to provide timely dissemination Failure to provide timely dissemination of relevant information to key of relevant information to key decisionmakersdecisionmakers

•• Grossly underestimation of Japanese Grossly underestimation of Japanese actionsactions�� Based on cultural biases Based on cultural biases

Forerunner of the CIAForerunner of the CIA

�� June 1942 June 1942 –– Office of Strategic Services Office of Strategic Services

(OSS)(OSS)

�� Succeeded the COISucceeded the COI

�� Established under the recently created Established under the recently created

Joint Chiefs of Staff (JCS)Joint Chiefs of Staff (JCS)

�� OSS was chartered to conduct clandestine OSS was chartered to conduct clandestine

operations against Axis powers on a operations against Axis powers on a

worldwide scale worldwide scale

•• DonovanDonovan’’s fear of a joint militarys fear of a joint military--civilian civilian

apparatus was evident in the problems that apparatus was evident in the problems that

OSS had in interfacing with JCSOSS had in interfacing with JCS

Code Breakers Code Breakers

�� Army signals intelligence broke the Army signals intelligence broke the

Japanese codesJapanese codes

�� US Army, Polish, and British decoded US Army, Polish, and British decoded

German military communications German military communications

using Enigma cipher machines, code using Enigma cipher machines, code

named ULTRAnamed ULTRA

•• Both resulted in shortening the War in Both resulted in shortening the War in

both theaters of operation both theaters of operation

Using assets Using assets

�� The Marine Corps used native The Marine Corps used native

Americans in an elaborate system of Americans in an elaborate system of

communications that Axis powers communications that Axis powers

could not deciphercould not decipher

•• The Navajo Code Talker ProgramThe Navajo Code Talker Program

�� Successfully used in the conflicts in Korea Successfully used in the conflicts in Korea

and Vietnam and Vietnam

Less than intelligent decisions Less than intelligent decisions

�� By 1945 President Harry Truman By 1945 President Harry Truman

abolished the OSSabolished the OSS

•• Functions were divided between the War Functions were divided between the War

and State Departmentsand State Departments

•• Some felt that Donovan was too strong Some felt that Donovan was too strong

a personality to continue with OSSa personality to continue with OSS

�� This human factor will play out in future IC This human factor will play out in future IC

feuds feuds

Central Intelligence Central Intelligence

�� January 1946 January 1946 –– President Truman President Truman

issues an executive order creating issues an executive order creating

the National Intelligence Authority the National Intelligence Authority

(NIA), a Central Intelligence Group (NIA), a Central Intelligence Group

(CIG), and the Director of Central (CIG), and the Director of Central

Intelligence (DCI)Intelligence (DCI)

•• NIA is comprised of NIA is comprised of

�� Secretaries of War, State, NavySecretaries of War, State, Navy

�� Presidential representatives Presidential representatives

�� June 1946 June 1946 –– Congress passes Congress passes

legislation creating the office of legislation creating the office of

Secretary of Defense (Secretary of Defense (SecDefSecDef))

•• SecDefSecDef would provide the unification of would provide the unification of

the military establishment the military establishment

�� National Security Act of 1947National Security Act of 1947

•• The DCI was a presidential appointmentThe DCI was a presidential appointment

�� The DCI could be military or civilian The DCI could be military or civilian

�� A military DCI would not be in the military A military DCI would not be in the military

chain of command chain of command

•• Created the Central Intelligence Agency Created the Central Intelligence Agency

(CIA)(CIA)

1950s 1950s –– 1960s 1960s

�� October 1952 October 1952 –– President Truman President Truman establishes the National Security establishes the National Security Agency (NSA)Agency (NSA)•• NSA would be the single entity to be NSA would be the single entity to be responsible for signals intelligence responsible for signals intelligence

�� 1954 1954 –– Truman authorizes highTruman authorizes high--flying reconnaissance of Soviet flying reconnaissance of Soviet aireairedefense systems defense systems •• The UThe U--2 program was a joint CIA2 program was a joint CIA--USAF USAF OPOP

�� 1961 1961 -- Bay of PigsBay of Pigs

•• CIA failure in assisting Cuban CIA failure in assisting Cuban

expatriates to invade Cubaexpatriates to invade Cuba

•• Promised US military assistance did not Promised US military assistance did not

happenhappen

�� Significant failure Significant failure

�� CIA reputation sufferedCIA reputation suffered

�� 1962 1962 –– Cuban missile crisis Cuban missile crisis

•• UU--2 photographs played a significant 2 photographs played a significant

role in resolving the crisisrole in resolving the crisis

The 1970sThe 1970s

�� President Nixon directed that the IC President Nixon directed that the IC should be changed to bring about should be changed to bring about greater efficiency and effectiveness greater efficiency and effectiveness •• The intelligence functions were found to The intelligence functions were found to be be �� Fragmented Fragmented

�� DisorganizedDisorganized

�� Collection activities were competitive and Collection activities were competitive and redundant redundant

�� UnplannedUnplanned

�� Unguided Unguided

�� The media, fueled by Watergate, reported The media, fueled by Watergate, reported critically on intelligence activities critically on intelligence activities

The Rockefeller Commission The Rockefeller Commission

�� Created by President Gerald Ford (1975)Created by President Gerald Ford (1975)

�� Chaired by VP Nelson RockefellerChaired by VP Nelson Rockefeller

�� Tasked with determining whether CIA Tasked with determining whether CIA employees were operating illegally within employees were operating illegally within the USthe US•• Report confirmed domestic mail opening Report confirmed domestic mail opening operationoperation

•• In the 60s In the 60s –– 70s the CIA kept files on 300K US 70s the CIA kept files on 300K US citizens and organizationscitizens and organizations

•• President Nixon tried to use CIA records for President Nixon tried to use CIA records for political ends political ends

•• The CIA was The CIA was notnot involved in the 1963 involved in the 1963 assassination of JFK assassination of JFK

The Church Committee The Church Committee

�� The US Senate impaneled the The US Senate impaneled the Committee to Study Government Committee to Study Government Operations with Respect to Operations with Respect to Intelligence Activities Intelligence Activities •• One of the largest investigations ever One of the largest investigations ever undertaken by the Senateundertaken by the Senate

•• Examined domestic and foreign Examined domestic and foreign activitiesactivities�� Covert activityCovert activity

�� AssassinationsAssassinations

�� IRS & FBI activities IRS & FBI activities

�� NSA intercepts of communications NSA intercepts of communications originating with US citizens originating with US citizens

The Pike Committee The Pike Committee

�� The counterpart to the SenateThe counterpart to the Senate’’s s

Church CommitteeChurch Committee

�� Never officially released when Never officially released when

completed (1976)completed (1976)

The Murphy Commission The Murphy Commission

�� The commission began in 1972 and The commission began in 1972 and was near completed in June 1975 was near completed in June 1975 when the Rockefeller Commission when the Rockefeller Commission was completing their inquiries was completing their inquiries •• Examined the organization and Examined the organization and performance of the ICperformance of the IC

•• Recommended that the DCI be given Recommended that the DCI be given greater status within the White House greater status within the White House and the ICand the IC

•• Covert action be used only when it is Covert action be used only when it is clearly essential to vital US purposes clearly essential to vital US purposes

The OutcomeThe Outcome

�� Summer of 1975 President Ford Summer of 1975 President Ford implemented 20 of 30 implemented 20 of 30 recommendations of the Rockefeller recommendations of the Rockefeller Commission Commission •• Improved internal supervision within Improved internal supervision within CIACIA

•• Additional restrictions on CIA domestic Additional restrictions on CIA domestic activitiesactivities

•• A ban on mail openingsA ban on mail openings

•• An end to wiretapsAn end to wiretaps�� Ford did not agree to public disclosure of the Ford did not agree to public disclosure of the IC budget IC budget

New OrdersNew Orders

�� February 1976, Ford issued the first February 1976, Ford issued the first

Executive Order on intelligenceExecutive Order on intelligence

•• The IC was formally described for the first timeThe IC was formally described for the first time

•• Authority and responsibilities were specified Authority and responsibilities were specified

•• A ban on assassinations as an instrument of A ban on assassinations as an instrument of

US policyUS policy

•• The establishment of an new Intelligence The establishment of an new Intelligence

Oversight Board within the Office of the Oversight Board within the Office of the

President President

The 1980s The 1980s

�� President Reagan ran a platform that President Reagan ran a platform that

promised a revitalization of the promised a revitalization of the

intelligence function intelligence function

•• The Republicans asserted that Democrats had The Republicans asserted that Democrats had

impaired the efficiency of the ICimpaired the efficiency of the IC

�� Budgets were increased and new Budgets were increased and new

personnel hiredpersonnel hired

�� The DCI was elevated to cabinet rankThe DCI was elevated to cabinet rank

The The ““leaksleaks””

�� In 1982 Congress passed a law In 1982 Congress passed a law making it a crime to reveal the making it a crime to reveal the names of covert intelligence names of covert intelligence operatives operatives •• This was on the heels of the murder of This was on the heels of the murder of at least one covert operative who was at least one covert operative who was killed after the public release of names killed after the public release of names

�� 1985 saw an unprecedented number 1985 saw an unprecedented number of cases of spies within the ICof cases of spies within the IC

�� Again, the IC was under intense Again, the IC was under intense scrutiny scrutiny

IranIran--ContraContra

�� 1986 1986 –– Congress learned that the Congress learned that the Reagan Administration had sold arms Reagan Administration had sold arms to Iran in exchange for assistance in to Iran in exchange for assistance in securing the release of US hostages securing the release of US hostages in Lebanon in Lebanon

�� This arrangement also involved the This arrangement also involved the support of Contra rebels in Nicaragua support of Contra rebels in Nicaragua funded by proceeds from the arms funded by proceeds from the arms sales sales

The end of the Cold WarThe end of the Cold War

�� 1989 1989 –– the Berlin Wall came downthe Berlin Wall came down

�� The Soviet Union began to break The Soviet Union began to break apartapart•• Questions were raised about any further Questions were raised about any further need for the ICneed for the IC

•• Others urged significant retrenchment Others urged significant retrenchment for new challengesfor new challenges

�� 1991 1991 –– The first Gulf War ushered in The first Gulf War ushered in new challenges for the ICnew challenges for the IC

A New Type of Warfare A New Type of Warfare

�� The Gulf War saw for the first time The Gulf War saw for the first time

real time intelligence conveyed to real time intelligence conveyed to

fighting forces with instantaneous fighting forces with instantaneous

resultsresults

•• The links between combat forces and The links between combat forces and

the intelligence function were critical the intelligence function were critical

elements in defeating hostile elements in defeating hostile forces forces