There is no clear distinction between national security and criminal investigation
Truehart 2 Carrie Truehart, J.D., Boston University School of Law, 2002. Boston University Law Review April, 2002 82 B.U.L. Rev. 555 CASE COMMENT: UNITED STATES v. BIN LADEN AND THE FOREIGN INTELLIGENCE EXCEPTION TO THE WARRANT REQUIREMENT FOR SEARCHES OF "UNITED STATES PERSONS" ABROAD lexis
The line between "foreign intelligence investigations" and "criminal investigations" is admittedly a blurry one. This is especially true where the target of the investigation is suspected of involvement in espionage or terrorism because these activities are crimes as well as national security concerns. See United States v. Troung Dinh Hung, 629 F.2d 908, 915-16 (stating that "almost all foreign intelligence investigations are in part criminal investigations" because, "although espionage prosecutions are rare, there is always the possibility that the targets of the investigations will be prosecuted for criminal violations"); Bin Laden, 126 F. Supp. 2d at 278 (stating that "[a] foreign intelligence collection effort that targets the acts of terrorists is likely to uncover evidence of crime"). For the purpose of this Case Comment, the term "foreign intelligence investigations" refers to investigations conducted primarily for the purpose of obtaining foreign intelligence. "Criminal investigations" refers to investigations conducted specifically for the purpose of obtaining information to prosecute crimes.
