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Strategic Objective

Prosecute those involved in terrorist acts

Strategic Objective

Lead Office: NSD

Themes:

National Defense Administration of Justice

DOJ.gov

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Overview
Progress Update

Overview

Vigorously investigating and prosecuting terrorism offenses is a critical tool in the effort to incapacitate terrorists, gather valuable intelligence, and deter future acts of terrorism. Since September 11, 2001, DOJ’s counterterrorism successes include achieving numerous criminal convictions of high-profile terrorists, defeating would-be terrorists, and protecting the Nation through prevention efforts. The investigation, disruption, and prosecution of terrorism will continue to be the top priority for the Department.

Progress Update

Strategic Objective Review Summary of Findings: The Department of Justice, in consultation with the Office of Management and Budget has determined that performance toward this objective is making noteworthy progress

A key component of the Department’s strategy for successful terrorism prosecutions is maintaining a strong nationwide network of federal prosecutors who are well-versed in national security prosecutions. The strength of these nationwide networks of national security-trained prosecutors is evidenced in the Department’s continued success in terrorism prosecutions. DOJ favorably resolved at least 90 percent of counterterrorism defendants’ cases (FY 2015 actual was 98 percent) and attained a high level of successful terrorism prosecutions. This was a significant accomplishment, given the constantly evolving terrorist threats and ever changing policy/legal environment that contribute to the increasing complexities in prosecuting terrorism cases, and the number of cases that frequently require gathering evidence in foreign countries and protecting classified information.

One of the key components of the Department’s strategy is to continue its work to improve legislation reform to address terrorist and foreign fighter threats, by engaging with foreign prosecutors, participating in interagency delegations, and drafting proposals for DOJ foreign assistance programs. The Department held national conferences and security training courses to share best practices; CRM provided nearly 4,067 training sessions to foreign partners in 2015. NSD also continues to develop and facilitate a variety of trainings, including the National Security Symposium held in February 2015, which focused on foreign fighters and the current issues arising in the investigations and prosecution of those matters. To support cooperation in criminal matters with foreign counterparts, the Department continues to post operational attaches [and deputies] abroad; through Resident Legal Advisors, it provided advice and technical assistance to host governments in establishing fair and transparent justice sector institutions and practices.

Some of the most notable case successes for the Department, include the guilty verdict against Dzhokhar Tsarnaev on April 8, 2015, for his part in the 2013 bombing of the Boston Marathon; and the February 2015 guilty verdict on five counts of conspiracy for Khaled al Fawwaz for his role in al-Qaida’s broad conspiracy during the 1990s to kill U.S. Nationals throughout the world, which culminated in the near simultaneous bombings of the U.S. Embassies in Tanzania and Kenya in August 1998. Notwithstanding the Department’s progress toward this objective, there still remain some challenges. The changing face of terrorism (e.g., “lone wolves”) has made identifying and disrupting threats increasingly resource-intensive; the massive amounts of data needed to investigate and prosecute complex cases; and terrorist groups, such as ISIL use social media to reach thousands and thousands of followers, identifying those who might be interested in committing acts of violence, and using encrypted communication channels for further discussion. The National Security Division (NSD) is ensuring that the law enforcement and intelligence community is able to make efficient use of legal authorities, including foreign intelligence information collection authorities, and is improving how we counter violent extremism, including by exploring ways to counter radicalization to violence before a crime is committed and studying alternative dispositions that may be appropriate. The Department will also continue to provide training and dedicate the necessary resources to prosecute counterterrorism caseloads.

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Strategic Goals

Strategic Goal:

Prevent Terrorism and Promote the Nation’s Security Consistent with the Rule of Law

Statement:

Prevent Terrorism and Promote the Nation’s Security Consistent with the Rule of Law

Strategic Objectives

Prevent, disrupt, and defeat terrorist operations before they occur

Statement:

Prevent, disrupt, and defeat terrorist operations before they occur by integrating intelligence and law enforcement efforts to achieve a coordinated response to terrorist threats

Description:

Combating terrorism is DOJ’s top priority. The Attorney General, acting primarily through the FBI, has principal investigative responsibility for all criminal acts of terrorism (18 U.S.C. § 2332b(f)). A key tenet of this objective is to ensure that intelligence and law enforcement agencies are able to use all available tools to investigate vigorously and prevent acts of terrorism in a manner consistent with law.

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FY 14-15 Priority Goal: National Security

Statement:

National Security: Protect Americans from terrorism and other threats to National Security, including cyber security threats.

By September 30, 2015, the Department of Justice will: Disrupt 175 terrorist threats and groups and disrupt and dismantle 600 cyber threat actors.

Description:

Terrorism is the most significant national security threat that the country faces. Accordingly, the Department’s number one priority is, and will continue to be, protecting the security of this Nation’s citizens. The Administration has recognized that terrorism cannot be defeated by military means alone. The Department of Justice serves at the forefront of the fight against terrorism, providing a broad spectrum of tools, resources, and skills to combat terrorists. Specifically, the Department’s agents, analysts, and prosecutors will continue to use every available resource and appropriate tool to detect, deter, and disrupt terrorist plots, investigate and prosecute terrorists, and aid in developing rule of law programs in post-conflict countries to help prevent terrorism abroad. The Department will aggressively pursue emerging threats around the world and at home, enhance the ability to gather and analyze actionable intelligence, and engage in outreach efforts to all communities in order to prevent terrorism before it occurs.

Cyber activities, likewise, constitute a growing threat to our national security. As an initial matter, an increasing number of sophisticated state and non-state actors have both the desire and the capability to steal sensitive data, trade secrets, and intellectual property for military and competitive advantage. In addition, cyber-enabled terrorism poses a viable threat to national security. Although the United States has not yet encountered terrorist organizations using the Internet to launch a full-scale cyber-attack, the Department believes that it is a question of when, not if, they will attempt to do so. The cyber threat demands ready and fluid means of sharing information and coordinating actions and responses. In order to successfully investigate and disrupt cyber threats, the Department must be creative and forward-looking in its approach, considering what kinds of tools, investigations, and outreach can be launched now to lay the groundwork for future cyber protective efforts.

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Prosecute those involved in terrorist acts

Statement:

Prosecute those involved in terrorist acts

Description:

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Investigate and prosecute espionage activity against the United States

Statement:

Investigate and prosecute espionage activity against the United States, strengthen partnerships with potential targets of intelligence intrusions, and proactively prevent insider threats

Description:

Foreign espionage strikes at the heart of U.S. national security, impacting political, military and economic arenas. The foreign intelligence threat to the United States is expanding, becoming more complex and less predictable. While traditional threats to national defense, military operations and policy, and intelligence, and science and technology remain, many intelligence threats are expanding their targets to include the burgeoning population of cleared defense contractors and other sectors affecting U.S. security, most notably sensitive economic information and emerging proprietary technology. Concurrently, foreign threats now have sophisticated networks of governmental and non-governmental entities using a wide array of intelligence collection platforms and engaging in long-term efforts to obtain sensitive information and threaten the security of the United States.

The Department will combat espionage by, among other things, vigorously investigating and prosecuting violations of espionage statutes and regulations. Additionally, DOJ will investigate and prosecute violations of export control and embargo statutes and regulations by combining intelligence and law enforcement to target individuals and networks involved in the illicit trafficking of controlled technologies and the proliferation of weapons of mass destruction and will expand its export control initiative to ensure nationwide coverage.

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Combat cyber-based threats and attacks

Statement:

Combat cyber-based threats and attacks, through the use of all available tools, strong private-public partnerships, and the investigation and prosecution of cyber threat actors

Description:

A range of cyber activities can diminish our security and siphon off valuable economic assets. A growing number of sophisticated state and non-state actors have both the desire and the capability to steal sensitive data, trade secrets, and intellectual property for military and competitive advantage. The other major national security threat in cyberspace is cyber-enabled terrorism. The Department believes that it is a question of when, not if, there will be attempts to do so.

The cyber threat demands ready and fluid means of sharing information and coordinating actions. To successfully investigate and disrupt cyber threats, the Department must be creative and forward-looking in its approach, considering what kinds of tools, investigations, and outreach can be launched now to lay the groundwork for future cyber efforts. As an example, the Department has partnered with nations worldwide in the INTERPOL Global Complex for Innovation, which will enhance its operational and investigative cyber capabilities through international cooperation and innovative technical solutions and systems. Collaboration with the private sector is also crucial to prevent breaches and protect confidential and proprietary information.

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FY 14-15 Priority Goal: National Security

Statement:

National Security: Protect Americans from terrorism and other threats to National Security, including cyber security threats.

By September 30, 2015, the Department of Justice will: Disrupt 175 terrorist threats and groups and disrupt and dismantle 600 cyber threat actors.

Description:

Learn More

Agency Priority Goals

FY 14-15: National Security

Statement:

National Security: Protect Americans from terrorism and other threats to National Security, including cyber security threats.

By September 30, 2015, the Department of Justice will: Disrupt 175 terrorist threats and groups and disrupt and dismantle 600 cyber threat actors.

Description:

Learn More

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