The neutralisation of intelligence

The rise of the legal mystique, the decline of intelligence capability and the rise in terrorism

The history of ASIO, FBI and CIA over the past decade leads inexorably to the conclusion that intelligence organisations subject to the ‘direction’ of judges and legal experts suffer a massive displacement of objectives; a decline in the quality of collection, targeting and threat assessment. Most significantly, the beneficiaries are the enemies of the US and the West: the hostile intelligence services of terrorist patron states and the terrorist enemy.

Judges are typically appointed to direct intelligence organisations in time of post legitimacy crisis, following the “reforms” of the intelligence organisation (usually instigated by investigative journalists and targets interested in avoiding detection) by teams of lawyers, appointed by politicians who are generally lawyers in their previous professions.

The process of ‘reform’ is accompanied by ritual incantations of the importance of the ‘rule of law’. Collection is accordingly judged by the criteria: are we breaking the law”?  The misplaced emphasis on "human rights" validation of  prospective CIA assets  by CIA Director’s Deutsch  and Tenet resulted in the  loss  of valuable operational information and operational advantage. As with most " reforms" the enemies of the United States reaped the benefit. 

The legal mindset is especially averse to aggressive counter intelligence; it is reactive.  Below the line operations and investigations are forbidden. Transparency and reform are the new organisational imperatives. at odds with the compartmentalisation imperative.  The organisation becomes a catchment area for politically correct management experts; promoting inclusion, diversity, industrial democracy, accountability. Former employees are stigmatised as belonging to a 'lawless and illegal  past’.

The bureaucrat -administrator replaces the intelligence officer. The language  of intelligence is subtly but effectively degraded. Hostile intelligence services become non-friendly. Targets become objectives. Hostile targets have rights. There are no enemies. Such remissive management ensures that the enemy has the greatest operational advantage: surprise.

I Identification with the aggressor becomes institutionalised; staff are compelled to ‘understand’ rather than neutralise targets. The language of rights replaces intelligence; the intelligence officer becomes a bureaucrat; managers dominate. Hovering over the edifice is the legal advisor. and his twin, the accountant.

The legalisation of intelligence has contributed to the  rise of  formidable and resourceful enemies who are not deterred by management and rights chatter. They respect only the use of force, and in the case of Islamic terrorists, force combined with the maximum humiliation.

There is also a direct relationship between the legalisation of intelligence services and the devastating penetrations by  KGB/SVR moles in CIA and the FBI.  Aldrich Ames flourished for nine years in the CIA, due in part to legal restrictions on  ci investigations. 

In the age of  strategic terrorism after September 11,  reliable, timely  and accurate information is increasingly  necessary for the survival of free societies. An indication of renewed seriousness is a thorough review of all of the legal impediments to intelligence collection. Victory in the protracted war against terrorism will not be achieved without this essential commitment.

The above commentary on trends in the 'legalisation' of Australian intelligence, the  FBI and CIA are exemplified in the following legal advice concerning one, Mr Osama BIN LADEN.