United States Department of Justice National Security Division

United States Department of Justice
National Security Division
	Seal of the United States Department of Justice National Security Division
Division overview
Formed	March 9, 2006; 18 years ago
Jurisdiction	United States government agency
Headquarters	Robert F. Kennedy Department of Justice Building; 950 Pennsylvania Avenue NW; Washington, D.C., United States
Division executive	Matthew G. Olsen, Assistant Attorney General;
Parent department	U.S. Department of Justice
Website	Official website

The United States Department of Justice National Security Division (NSD) handles national security functions of the department. Created by the 2005 USA PATRIOT Act reauthorization, the division consolidated all of the department's national security and intelligence functions into a single division. The division is headed by the Assistant Attorney General for National Security.

History

The National Security Division was created under Section 506 of the 2005 USA PATRIOT Act reauthorization,^[1] which was signed into law by President George W. Bush on March 9, 2006.^[2]

It consolidated the department's national security efforts within one unit, bringing together attorneys from the Counterterrorism Section and Counterespionage Section of the Criminal Division and from the Office of Intelligence Policy and Review (OIPR), with their specialized expertise in the Foreign Intelligence Surveillance Act and other intelligence matters. This fulfilled a recommendation of the Iraq Intelligence Commission (Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction).^[3]

In 2010, its budget was $88 million.^[4]

Leadership

The head of the National Security Division is an Assistant Attorney General for National Security (AAG-NS) appointed by the President of the United States. Matthew G. Olsen, the current AAG-NS, was confirmed to the role with the advice and consent of the Senate.^[5] Previously, John Demers, the AAG-NS appointed under President Donald Trump, continued to serve under the incoming President Joe Biden administration, but he left the role in June 2021 in the wake of news reports that the Justice officials had seized the phone records of Congressional members and staff.^[6]

Organization

The National Security Division is overseen by the Assistant Attorney General with whom the Principal Deputy Assistant Attorney General oversees the Executive Office - The office that administers the entire division. In assistance are four deputy assistant attorneys general, all career civil servants, whom oversee each section.

Counterintelligence and Export Control Section - Responsible for supervising investigations and prosecutions relating to espionage, or trafficking of national security information and military hardware.
Counterterrorism Section - Responsible for supporting Law Enforcement efforts, policy and strategy in combatting international and domestic terrorism.
Foreign Investment and Review Section - Responsible for investigating and mitigating foreign investment in critical U.S. infrastructure and commerce.
Office of Law and Policy - Responsible for developing national security policies and strategies within the Justice Department.
Office of Intelligence - Responsible for legal and regulatory oversight of the U.S. Intelligence Community. The office contains three sections
- Operations Section - Responsible for pursuing legal authorization of U.S. Intelligence Operations and representing the government in a FISA Court.
- Oversight Section - Responsible for oversight of the Intelligence Community and ensuring full legal compliance and protection of individual privacy and civil liberties.
- Litigation Section - Responsible for handling information gathered from FISA-related activities and preparation of the information for litigation.
Office of Justice for Victims of Overseas Terrorism - Responsible for working with terrorism victims and their families to pursue and prosecute the culprits.

DoJ National Security Division Organizational Breakdown

Assistant Attorney General
for National Security

Executive Office

Principal Deputy Assistant Attorney General
and Chief of Staff

Deputy Assistant Attorney General
for Counter-Espionage

Deputy Assistant Attorney General
for Counter-Terrorism

Deputy Assistant Attorney General
for Intelligence

Deputy Assistant Attorney General
for Law and Policy

Foreign Investment Review Section

Counter-Terrorism Section

Office of Intelligence

Office of Law
and Policy

Counterintelligence
and Export Control Section

Office of Justice for Victims
of Overseas Terrorism

Operations Section

Oversight Section

Litigation Section

Controversies

In December 2019, Michael Horowitz, the Inspector General of the DoJ released a report accusing the Division of lying to the Foreign Intelligence Surveillance Court in some of its applications for wiretaps.^[7]^[8] The Presiding Judge of the Court subsequently ordered the Division to "inform the Court in a sworn written submission of what it has done, and plans to do, to ensure that the statement of facts in each FBI application accurately and completely reflects information possessed by the FBI that is material to any issue presented by the application."^[9]

List of assistant attorneys general

Name	President nominating	Sworn in	Left office
Kenneth Leonard Wainstein^[10]	George W. Bush	September 28, 2006^[11]	March 30, 2008
J. Patrick Rowan	George W. Bush	October 3, 2008^[12]	January 20, 2009^[13]
David S. Kris	Barack Obama	March 26, 2009	January 13, 2011^[14]
Lisa Monaco		July 1, 2011^[15]	March 8, 2013
John P. Carlin		April 1, 2014	October 15, 2016^[16]
John Demers	Donald Trump	February 22, 2018	June 25, 2021^[17]
John Demers	Joe Biden	February 22, 2018	June 25, 2021^[17]
Mark Lesko (acting)		June 25, 2021	November 1, 2021
Matt Olsen		November 1, 2021	present

References

^ "USA PATRIOT Improvement and Reauthorization Act of 2005 Archived 2010-12-07 at the Wayback Machine." Government Printing Office.
^ "H.R.3199 Major Congressional Actions Archived 2008-11-27 at the Wayback Machine." THOMAS.
^ "Fact Sheet: USA PATRIOT Act Improvement and Reauthorization Act of 2005 Archived 2006-09-13 at the Wayback Machine." United States Department of Justice 2 March 2006.
^ "DEPARTMENT Of JUSTICE" Archived 2011-02-18 at the Wayback Machine, Government Printing Office. Retrieved 7 aug 2011
^ On the Nomination (Confirmation: Matthew G. Olsen, of Maryland, to be an Assistant Attorney General ). Archived April 7, 2023, at the Wayback Machine. Retrieved 30 Oct 2021
^ Sheth, Sonam. "The DOJ's top national security official is resigning amid reports that the department secretly seized House Democrats' records". Business Insider.
^ Inspector General Michael Horowitz (December 9, 2019). "Review of Four FISA Applications and Other Aspects of the FBI's Crossfire Hurricane Investigation" (PDF). Department of Justice Office of Inspector General. Archived (PDF) from the original on December 11, 2019. Retrieved May 25, 2020.
^ Jerry Dunleavy (December 9, 2019). "DOJ inspector general finds 17 'significant errors or omissions' in Carter Page FISA applications". Washington Examiner. Archived from the original on May 2, 2020. Retrieved May 25, 2020. These errors and omissions resulted from case agents providing wrong or incomplete information to the National Security Division's Office of Intelligence and failing to flag important issues for discussion.
^ Rosemary M. Collyer, Presiding Judge, United States Foreign Intelligence Surveillance Court (December 17, 2019). "In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC" (PDF). Archived (PDF) from the original on March 19, 2020. Retrieved May 25, 2020.{{cite web}}: CS1 maint: multiple names: authors list (link)
^ "Presidential Nomination: Kenneth Leonard Wainstein". whitehouse.gov. 24 April 2008. Archived from the original on 24 February 2018. Retrieved 25 May 2020 – via National Archives.
^ "#06-655: 09-28-06 Kenneth L. Wainstein Sworn in as First Assistant Attorney General for the National Security Division". Archived from the original on 2009-05-08. Retrieved 2009-03-12.
^ "results.gov : Resources For The President's Team". whitehouse.gov. 27 October 2008. Archived from the original on 19 October 2012. Retrieved 25 May 2020 – via National Archives.
^ "Nomination Press Release - Assistant Attorney General | The White House". whitehouse.gov. 11 February 2009. Retrieved 2013-11-27 – via National Archives.
^ "IV Insights Blog > IV Welcomes David Kris as General Counsel". Archived from the original on 2011-03-19.
^ "Meet the Assistant Attorney General". justice.gov. Archived from the original on 2013-10-12. Retrieved 2011-09-09.
^ "Wednesday 10-12-2016 John Carlin, who is about to step down as assistant attorney general for national security, discusses terrorism and cyber security". Archived from the original on 2016-10-24. Retrieved 2016-10-23.
^ "Top DOJ national security official resigns amid fallout over seizure of Dems' records". NBC News.

External links

Official website

[1] "USA PATRIOT Improvement and Reauthorization Act of 2005 Archived 2010-12-07 at the Wayback Machine." Government Printing Office.

[2] "H.R.3199 Major Congressional Actions Archived 2008-11-27 at the Wayback Machine." THOMAS.

[3] "Fact Sheet: USA PATRIOT Act Improvement and Reauthorization Act of 2005 Archived 2006-09-13 at the Wayback Machine." United States Department of Justice 2 March 2006.

[4] "DEPARTMENT Of JUSTICE" Archived 2011-02-18 at the Wayback Machine, Government Printing Office. Retrieved 7 aug 2011

[5] On the Nomination (Confirmation: Matthew G. Olsen, of Maryland, to be an Assistant Attorney General ). Archived April 7, 2023, at the Wayback Machine. Retrieved 30 Oct 2021

[6] Sheth, Sonam. "The DOJ's top national security official is resigning amid reports that the department secretly seized House Democrats' records". Business Insider.

[7] Inspector General Michael Horowitz (December 9, 2019). "Review of Four FISA Applications and Other Aspects of the FBI's Crossfire Hurricane Investigation" (PDF). Department of Justice Office of Inspector General. Archived (PDF) from the original on December 11, 2019. Retrieved May 25, 2020.

[8] Jerry Dunleavy (December 9, 2019). "DOJ inspector general finds 17 'significant errors or omissions' in Carter Page FISA applications". Washington Examiner. Archived from the original on May 2, 2020. Retrieved May 25, 2020. These errors and omissions resulted from case agents providing wrong or incomplete information to the National Security Division's Office of Intelligence and failing to flag important issues for discussion.

[9] Rosemary M. Collyer, Presiding Judge, United States Foreign Intelligence Surveillance Court (December 17, 2019). "In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC" (PDF). Archived (PDF) from the original on March 19, 2020. Retrieved May 25, 2020.{{cite web}}: CS1 maint: multiple names: authors list (link)

[10] "Presidential Nomination: Kenneth Leonard Wainstein". whitehouse.gov. 24 April 2008. Archived from the original on 24 February 2018. Retrieved 25 May 2020 – via National Archives.

[11] "#06-655: 09-28-06 Kenneth L. Wainstein Sworn in as First Assistant Attorney General for the National Security Division". Archived from the original on 2009-05-08. Retrieved 2009-03-12.

[autogenerated2-12] "results.gov : Resources For The President's Team". whitehouse.gov. 27 October 2008. Archived from the original on 19 October 2012. Retrieved 25 May 2020 – via National Archives.

[autogenerated1-13] "Nomination Press Release - Assistant Attorney General | The White House". whitehouse.gov. 11 February 2009. Retrieved 2013-11-27 – via National Archives.

[14] "IV Insights Blog > IV Welcomes David Kris as General Counsel". Archived from the original on 2011-03-19.

[15] "Meet the Assistant Attorney General". justice.gov. Archived from the original on 2013-10-12. Retrieved 2011-09-09.

[16] "Wednesday 10-12-2016 John Carlin, who is about to step down as assistant attorney general for national security, discusses terrorism and cyber security". Archived from the original on 2016-10-24. Retrieved 2016-10-23.

[17] "Top DOJ national security official resigns amid fallout over seizure of Dems' records". NBC News.

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