by John M. Curtis
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Copyright July 1, 2002
All Rights Reserved.

lunked into the hot seat, FBI director Robert S. Mueller and CIA director George J. Tenet testified before the Senate Government Affairs Committee, begging the Senate to avoid usurping their authority, should Congress approve a new Cabinet-level department of Homeland Defense. Heads never rolled after Sept. 11, despite what many regarded as the most scandalous lapse in national security since Pearl Harbor. Yet the White House and Congress deliberately treaded lightly on two of the nation's most coveted bureaucracies. With longstanding turf battles, the FBI and CIA promised better communication, especially between agencies known for fierce independence. Mueller urged the Senate to direct the new department on improving counter-terrorism, without duplicating the work of the FBI and CIA. Mueller even suggested that snatching counter-terrorism functions from the FBI "would not be a wise idea." "Such a move," said Mueller," at this critical moment would disrupt our ongoing battle against terrorism," pleading to continue the status quo.

     Announcing the creation of a new Cabinet department, President Gorge W. Bush, acknowledged that the nation's security apparatus needed an urgent overhaul. Since 9/11, critics charged that lumbering behemoths like the FBI and CIA needed congressional oversight, despite their reluctance to give up power. "No one really knows what we know, and no one is really in position to go and find out," said Sen. Richard Shelby (R-Ala.), Vice Chairman of the Senate Intelligence Committee. "This state of affairs is deplorable and must end," attesting to the fact that the country can't afford another mistake. It's unacceptable for Mueller or Tenet to testify that their agencies performed admirably, intercepting other potential 9-11s. Reluctant to accept supervision from a Cabinet department, both Mueller and Tenet resist working under a higher authority. Shelby's remarks were heard before the Senate Government Affairs Committee, chaired by Sen. Joseph Lieberman (D-Conn.).

     Since Sept. 11, the FBI and CIA have lost prestige—and confidence—as the nation's guardians of national security. Pretending that both agencies didn't malfunction perpetuates the same lapses that led to 9/11. Both Mueller and Tenet—and their agencies—no longer have the credibility to call the shots. They should sit back, relinquish control and allow Congress to fix serious holes in their operations. If Congress creates a new Cabinet department of Homeland Security, it "must have the authority to task the intelligence and law enforcement agencies to collect information," said Lieberman, not comfortable with the status quo. Whether they accept it or not, the FBI and CIA lost their authority the day Bin Laden circumvented national security and liquidated more that 3,000 citizens. Neither Mueller nor Tenet is comfortable accepting congressional oversight. Both the FBI and CIA cultures resist supervision, believing that insiders know what's best for federal law enforcement and intelligence. For generations, both agencies forgot they answer to a higher authority.

     Without bashing the FBI and CIA, it's clear that ongoing terrorist threats stretch resources to the breaking point. Mueller admitted that since 9/11, 2000 of the bureau's 11,500 agents are now deployed exclusively to counter-terrorism work, taking agents off other pressing assignments—including drug interdiction and white-collar crime. Tenet also received his share of criticism, asserting before Congress that he saw no security lapses at the CIA. Shelby openly questioned Tenet's commitment to give Homeland Defense necessary intelligence. Tenet insists that the CIA will provide only "raw data," without compromising confidential sources or methods of information gathering. Not yet getting the message, Mueller and Tenet must accept that national security changed on Sept. 11. Having failed the country, both the FBI and CIA can no longer make the case that they know best. When Lieberman begins work on the Homeland Security in mid-July, the proper role—and place—of the FBI and CIA will be high on the list.

     Mueller conceded that, above anything else, the FBI are "good collectors of information." Splitting the bureau into separate law enforcement and counter-terrorism departments, compromises, according to Miller, the flow of vital information. But "collecting" good information doesn't mean you can see the bigger picture. Clearly, Homeland Security, commissioned with the task of connecting the dots, must process all information from a variety of disparate sources. Whether it's the Coast Guard, Customs Service, Immigration and Naturalization or any other agency, only the FBI and CIA moan about congressional oversight. Both Mueller and Tenet haven't argued that Cabinet-level control threatens to politicize national law enforcement and information gathering. Since Watergate, Congress tried to scale back the power of the Executive Branch. Like the Federal Reserve, some critics argue that the FBI and CIA must remain free of partisan politics. With the FBI and CIA under the White House—even with congressional oversight—it potentially exposes the nation to potential abuses.

     Mueller and Tenet must get off their high horses and allow Congress to fix gaping holes in national security. No law enforcement or paramilitary agency can operate without some degree of external control. Agencies commissioned with the task of protecting national security must be objectively evaluated. Sept. 11 gave both agencies a whopping black eye, proving, if nothing else, that they failed in their primary duty of protecting U.S. citizens. Though placing the FBI and CIA under the Executive Branch carries certain risks, they're counterbalanced by congressional oversight. There's no point in establishing a new Cabinet department that doesn't have access to the best, most complete intelligence available. Neither the FBI nor CIA should be able to withhold essential information from professionals tasked with connecting the dots and protecting national security. With the once bustling New York financial center a veritable graveyard, someone must be held accountable for egregious lapses in national security. If the FBI and CIA can't get it done, then someone else must.

About the Author

John M. Curtis is editor of OnlineColumnist.com and columnist for the Los Angeles Daily Journal. He directs a Los Angeles think tank specializing in corporate consulting and strategic communication. He's author of Dodging The Bullet and Operation Charisma.

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