This week FBI Director Kash Patel arrived in Wellington to open a full time Legal Attache office (previously Legal Attaches rotated from offices at the US embassy in Canberra depending on need). Like excited children government ministers lined up for photo ops and the corporate media breathlessly reported on what Patel had to say. What he had to say, and how it was reported, was a mixture of circus side-show and fawning toadying, all uncritically covered by click-bait obsessed media scribes.
In view of that, please allow me to correct the record.
To begin with, the FBI is a law enforcement agency with powers of arrest, not an intelligence agency that does not have arrest powers. It is not a secret spy agency. Its NZ partner agency is the NZ Police, not the SIS or GCSB. In that role the FBI is a consumer of intelligence streams coming from 5 Eyes agencies (in NZ, the GCSB) as well as the NZ Police and SIS, but is not part of the 5 Eyes network. 5 Eyes is a signals and technical intelligence gathering and sharing network to which the FBI does not belong. INTERPOL is an international law enforcement partnership that the FBI is a member of. Although INTERPOL may share intelligence that originates in 5 Eyes, it has a distinct organisation, function and role. As 5 Eyes partners, the GCSB counterpart in the US is the NSA, and the US partner of the SIS ( a human intelligence agency) is the CIA.
In short, the FBI is an altogether different type of security agency and should not be confused with intelligence agencies properly defined.
Patel’s talk of direct FBI/5 Eyes links is therefore PR spin pushed by the US and Trump’s entourage that has no actual basis in fact. Using the LEGAT office ribbon-cutting ceremony in Wellington as an excuse, Patel’s visit was an overdue “show the flag” exercise by a US senior official more than 6 months after Trump entered office, and rather than Secretary of State Marco Rubio the US sent a conspiracy theorist-turned-second tier executive branch official instead, who then ran the anti-PRC/5 Eyes line even if Legal Attaches (FBI agents) deal with transnational crime, not strategic balancing or geopolitical competition and do not participate directly in 5 Eyes activities. (Note to readers: the FBI director is not a US cabinet position and is subordinate to the Attorney General in the US Department of Justice, so trotting out NZ cabinet ministers for a meet-and-greet, including those involved in intelligence matters, was obsequious in the extreme).
Be that as it may, Patel engaged in a bit of diplomatic performance art using the NZ government and media as props with which to push Trump’s anti-PRC agenda rather than focus on the relatively mundane business of opening a stand-alone LEGAT office, which are common in most US embassies and which, again, other than intelligence sharing on transnational crime via INTERPOL and partner agencies in foreign countries like the NZ Police,, do not directly engage in espionage or other forms of intelligence gathering (the fact that the office is outside the main US embassy complex and has undergone a slight name change does not mean anything particularly significant other than the need for more dedicated space and Trump’s obsession with putting his branding on everything. But a “law enforcement attache” is just a LEGAT by another name, and having separate office space may simply be a matter of re-allocating physical resources).
Patel’s remarks about the LEGAT office opening being a counter to the PRC that bolstered the 5 Eyes was a purposeful distraction from what should have been a low-key affair and should have been treated as such because for NZ bringing in an adversarial take on the PRC in an otherwise unremarkable and unrelated matter makes for disproportionate diplomatic discomfort. Neither the US embassy or MFAT press releases mentioned the PRC or 5 Eyes., so the cringe factor must have been high amongst the diplomatic corps. Then again, Patel likely knew that, but since hype and showmanship is what Trump is all about and Patel’s main audience was the one in the Oval Office, the NZ government and corporate media dutifully obliged by indulging the dog-and-pony show about the PRC and 5 Eyes. It was a pitiful display of diplomatic supination that may well have adverse consequences down the road.
To be clear. The significance of Patel’s visit to open a dedicated full time LEGAT office in NZ lies in the fact that it is official recognition that transnational crime is now a major problem in the Southwest Pacific and hence a priority for the US and other Western security agencies. In the measure that the PRC is involved in things like drug smuggling and cyber crimes in the region, it will be on the radar of these agencies, but in that regard it is just one of many state and non-State actors operating in what are known as “grey area” zones where criminal organisations and some State actors cooperate out of mutual interest. North Korean and Russian use of South-Pacific flagged ships to circumvent sanctions and smuggle oil is one example of this, as is the cyber-hacking activities of criminal entities tied to the Kremlin, Iran and PRC (among others). Likewise, transnational crime networks presence in island States like the methamphetamine trade in the Samoas (where drugs sourced in the US and Mexico are smuggled from American Samoa to Samoa across their common land border) require better resourced and coordinated regional law enforcement responses. The new US LEGAT office in Wellington is part of that effort.
As for terrorism and people smuggling (other designated priority areas announced by the US embassy during Patel’s visit), the role of the PRC is marginal at the very worst. And yet Patel placed it front and centre in his remarks at the opening ceremony
Regardless of the US spin so slavishly reported in NZ, opening a dedicated LEGAT office in Wellington is not about countering the PRC or bolstering 5 Eyes. It is about strengthening bilateral crime-fighting capabilities between the US and NZ in the Southwest Pacific. And if there is anyone other than criminals tracked and caught by the enhanced inter-agency law enforcement cooperation and regional presence of the FBI in the SW Pacific who have most to fear by the upgrade, it is those who may have extradition warrants issued by the US for their arrest. That is because Legal Attaches are the main vehicle for executing US warrants in any given country.
Kim Dotcom, are you paying attention?