No American needs to be reminded that this month marks the first anniversary of the dreadful day when terrorists struck our nation and changed our lives.
Among those changes has been the realization that for the first time in our history, a largely invisible war without uniformed troops is being fought on our soil, with civilians the targeted victims. One aspect that has not changed is the sense—always present in a national crisis—that we’re all in this together.
For the nation’s local prosecutors, this means expanded responsibilities. Every potential terrorist target is in some local prosecutor’s jurisdiction. And, while the federal presence may be the dominant one in many instances, local prosecutors’ presence and participation in the regional and local joint anti-terrorism task forces are essential if the national anti-terrorism efforts to protect our communities are to be successful.
The nation’s top law enforcement officials, including Attorney General John Ashcroft, Deputy Attorney General Larry D. Thompson, Associate Attorney General Jay B. Stephens, and FBI Director Robert S. Mueller III, as well as Tom Ridge, director of the Office of Homeland Security, have emphasized that the participation and cooperation of state and local law enforcement, including police and prosecutors, are essential in the nation’s anti-terrorism efforts.
At NDAA’s spring Capital Conference, the message from the Department of Justice officials at the highest level, including Deputy AG Thompson, Associate AG Stephens and FBI Director Mueller, plus Tom Ridge, was “We need you.”
In fact, with the U.S. Department of Justice, and especially the FBI, shifting their focus and emphasis to anti-terrorism, local prosecutors may be called upon to assume or share some responsibilities that heretofore have been exclusively federal. As part of the FBI reorganization, Louis F. Quijas has been assigned the task of coordinating better relationships with state and local law enforcement agencies.
FBI Director Mueller provided an exclusive preview of his reorganization plans, including the need for closer cooperation with local law enforcement, at NDAA’s Capital Conference, 10 days before the plans were officially announced.
As Director Mueller told his NDAA audience, and later the nation, the FBI is shifting its emphasis from “reactive”—that is, investigating crimes and seeking the perpetrators—to “pro-active” and “predictive,” with top priority given to protecting the United States by preventing terrorist attacks through enhanced intelligence and counter-intelligence. “Everything,” Director Mueller says, “flows from these priorities.”
Other priorities include protecting the nation from cyber-based attacks and high technology crimes; combating public corruption at all levels, protecting civil rights, and combating national and transnational criminal organizations and enterprises.
The transfer of hundreds of FBI agents from investigating drug crimes, bank robberies, kidnappings, some white-collar crimes and other so-called traditional crimes to concentration on anti-terrorist activities means that much of the burden of dealing with these crimes will have to be picked up by other federal agencies and local law enforcement, including local prosecutors.
This is logical from both the tactical and logistical standpoint. The FBI, even with the additional agents and specialists it expects to hire, will number between 12,000 and 13,000, roughly a third the size of the New York City Police Department. There are 93 U.S. attorneys, plus their staffs. In contrast, there are approximately 40,000 local prosecutors in the United States, plus more than 700,000 state, county and local police. So, in view of the nature, complexity and size of the anti-terrorism problem, it’s obvious that the FBI can’t do the job alone, and that local prosecutors and other law enforcement agencies can help.
As the Justice Department, and especially the FBI, complete their massive transformation and re-ordering of priorities, there still remain some questions about the role of local prosecutors. For example: What specific tasks that are currently federal responsibilities would DOJ like local prosecutors to assume or assist on? Would some kind of training be involved and, if so, what role could NDAA play in providing training? And what about funding for these additional responsibilities?
NDAA will obtain the answers as soon as they are available. We have close and excellent relations with the nation’s top law enforcement officials and confer with them as often as necessary. And in the meetings of the Executive Working Group (EWG), we have regular face-to-face discussions with the attorney general and other top-level Department of Justice officials on policy issues of concern and interest to prosecutors. Terrorism has been a major topic for discussion at every meeting.
America’s local prosecutors have an important role to play in the nation’s anti-terrorism efforts. NDAA will make sure that that you are completely and quickly informed on developments and that your concerns are addressed in Washington, DC on this vital issue.
