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By Root 1238 0

you need reasonable suspicion, a much lower bar. Attorney General Reno’s guidelines were meant to ensure that criminal investigators and prosecutors were not taking advantage of lax rules on the intelligence side to obtain information for their cases. But the rules never were designed to prevent FBI agents from cooperating when they were working on the criminal and intelligence sides—definitely not when the efforts were part of the same case. Yet that is how the guidelines came to be interpreted, despite objections from field agents.

When Steve Bongardt, the on-the-scene liaison with the CIA, initially asked the CIA for information, he was told, absurdly, that they would give it to him but that he couldn’t share it with the rest of us. The CIA team said that they couldn’t share intelligence with criminal agents. Steve refused to not pass on information. “What use is it,” he asked, “to have information and not share it with the agents on the ground who need it to apprehend the terrorists?” The CIA said that if he was going to pass it on, they wouldn’t share the intelligence.

For an investigation to proceed effectively, and for the United States to meet its national security goals and arrive at a successful outcome, the two sides need to work in tandem. After John O’Neill arrived on the ground, we briefed him on this “new issue” between criminal and intelligence that Steve and our team were facing. John made an agreement with a senior CIA official, Hank Crumpton, to let the CIA attend all our meetings, and vice versa. The agreement worked well initially. In the evenings we would meet with the CIA officers and analysts and update them on information we had gained during the day, and they, in turn, gave us the intelligence connected to our case.

While we were working with Hank and the CTC officials in Aden, Steve Bongardt moved to Sanaa to liaise with the embassy and the appropriate Yemeni agencies. Soon he began reporting problems with the [3 words redacted], which was withholding intelligence-related material. Absurdly, this included material we had shared with them in Aden, expecting them, in turn, to share it with Steve in Sanaa. We began to suspect something was afoot.

Part of the problem was that Steve was dealing with the [5 words redacted] Sanaa, whose rank within the agency was lower than Hank’s, and lower, too, than the members of the CTC team he had been dealing with in Aden. Because the Sanaa [1 word redacted] was further down the CIA chain of command, the CTC team in Aden bypassed their own man, instead sending information straight to CIA headquarters. To complicate matters, the [1 word redacted] fell under the agency’s Near East division rather than strictly under CTC jurisdiction.The state of affairs understandably left the [1 word redacted] upset, and he took it out on Steve and the FBI, claiming we wouldn’t give him information. And when we later moved to Sanaa, we no longer dealt with Hank and the CTC—they had left the country—but only with the [1 word redacted], from whom we got minimal information: apparently he was exacting his revenge. Information sharing began to be a one-way street. We didn’t retaliate; that would have been doubly absurd—punishing not the CIA but our country by making us less safe.

The idea of not sharing information with us because we were on the criminal side was nonsense. The FBI is also an intelligence agency. It deals with sensitive intelligence on a daily basis. The bureau respects and is fully aware of the differences between intelligence and law enforcement. We had been building cases against terrorist networks, foreign intelligence networks, and state sponsors of terrorism, and had never incurred any violations. The CIA had worked with us on many of these cases without dispute.

The claim that criminal agents could have no access to intelligence reports was a false reading of the FISA rules, especially as FISA rules don’t necessarily apply to intelligence gained overseas. The 9/11 Commission found that the guidelines had been misinterpreted, and not only by the CIA; many