The NSD was created in 2006 in response to the 2005 USA PATRIOT Improvement and Reauthorization Act. The Division was intended to consolidate counterterrorism and counterespionage sections of the Justice Department’s Criminal Division, with experts from the Office of Intelligence Policy and Review (OIPR) who specialize in the Foreign Intelligence Surveillance Act (FISA) working collaboratively under the direction of a new Assistant Attorney General.
Combining the counterterrorism, counterespionage and counterintelligence functions of the Justice Department, the National Security Division is led by the President-appointed Assistant Attorney General, and supported by a Deputy Assistant Attorney who oversees the counterterrorism and counterespionage sections, and two Deputy Assistant Attorneys General, who oversee the Law and Policy Office and FISA/ Oversight operations.
CIA Destruction of Interrogation Tapes
Activists on both sides of the left-right divide are generally suspicious of increased collaboration between the OIPR and prosecutors, because FISA surveillance offers less protection for suspects than those offered by criminal courts. Democrats tend to lean towards reform and determinate limits for the controversial sections, while conservatives favor putting off reform and extending the breadth and sunset of the same provisions.
Bush promoted Wainstein to Assistant to the President for Homeland Security and Counterterrorism in March 2008.
David S. Kris was sworn in as head of the Department of Justice’sNational Security Division
on March 25, 2009. Kris is a former Justice official who served under Presidents Bill Clinton and George W. Bush, and who witnessed firsthand the efforts to conduct warrantless wiretapping earlier this decade. But Kris was not supportive of the Bush administration’s clandestine spying on American communications, and spoke out against the moves after leaving the Department of Justice.
A native of Washington, DC., J. Patrick Rowan graduated from Dartmouth College with a degree in philosophy, and received his JD from the University of Virginia School of Law. He practiced civil litigation with the law firm of Covington & Burling and then joined the United States Attorney’s office in DC, working as an assistant US attorney from 1991 through 2002, specializing in cases of fraud, homicide and police corruption. After the September 11, 2001, terrorism attacks, Rowan served as national anti-terrorism coordinator for the 94 United States Attorney’s Offices. From December 2002 to October 2003, he was detailed to the FBI, where he was Special Counsel in the Office of General Counsel. Rowan then joined the Department of Justice’s Criminal Division, providing advice to the Assistant Attorney General on Justice’s counter-terrorism program. Between November 2005 and October 2006, Rowan was an Associate Deputy Attorney General, working as a liaison to the intelligence community and supervising the formation of the National Security Division. His next appointment was to the position of Deputy Assistant Attorney General for Counterterrorism and Counterespionage for the National Security Division, supervising prosecutors in that division. He became Acting Assistant Attorney General for National Security on March 31, 2008, and on June 19, 2008, President Bush nominated Rowan to head the National Security Division of DOJ.