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The FBI kept arrests and intelligence together to trade leniency for information

Keeping arrests and intelligence in the same bureau lets agents trade leniency for information, and lock up dangers they cannot just monitor.

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The Oath with Chuck Rosenberg · Robert S. Mueller III: The Director (Part 2)

After the September 11 attacks, some people in American politics wanted to divide the FBI in two. The model was Britain, which has one service for threats at home and another for spying abroad.

Robert S. Mueller III, the FBI director at the time, fought to keep the bureau whole. He had been confirmed by the Senate in a unanimous 98 to 0 vote, and that standing helped him hold off the effort. His main argument was practical: how information moves, and what you can do with it.

Separate agencies, he said, become stovepiped and slow to share. Sharing gets hard, he said, without a platform used by both sides with “much the same techniques, if not the same paperwork,” so a clue found in one case can reach another.

Staying whole also kept different tools under one roof. The FBI could gather intelligence and feed it to the rest of the intelligence community. Or, if agents needed to stop someone, they could arrest and prosecute him to take him off the street. Preventing the next attack, Mueller said, mattered far more than counting how many terrorists were locked up.

The arrest power also produced more intelligence. Take a bank robber who has committed 10 robberies, where agents can prove eight. Those eight charges become leverage to get him to admit the other two. In many, many cases, particularly mob cases, Mueller said, “it is a cooperator who breaks open a case.” Intelligence tools, in turn, could be used analytically to support criminal cases.

Mueller said he spent time with Eliza Manningham-Buller, the head of MI5, Britain’s domestic security service. She believed, he said, that the American system gathered and used information better.

Questions people ask

What do MI5 and MI6 actually do?

MI5 handles security inside Britain, watching for terrorism, espionage, and sabotage at home. MI6 handles foreign intelligence, collecting secrets abroad. The FBI, by contrast, does both domestic intelligence and federal law enforcement inside the United States.

Can the FBI really arrest someone just to stop them?

Yes, if prosecutors can prove a federal crime. Terrorism suspects are often charged with crimes like material support, weapons violations, or fraud. A conviction puts the person in prison, which prevents them from carrying out a plot even if that plot itself cannot yet be proved.

How does flipping a criminal into a cooperator work?

Prosecutors charge what they can prove, then offer a lighter sentence if the defendant helps solve other crimes or testifies against partners. Judges must approve the final sentence, and juries are told the witness got a deal. It is common in organized crime, drug, and fraud cases because insiders know what outsiders cannot find.