Of international-terrorist case referrals from the FBI between October 2005 and June 2006, prosecutors declined to bring charges in 131 of 150 cases, or 87 percent, according to the report. The study was based on the most recent data available from the Justice Department's executive office for U.S. attorneys.
That percentage marks the peak of a generally steady increase from the 2001 budget year, when prosecutors rejected 33 percent of such cases from the FBI, according to the report.
...
A Justice Department spokesman disputed the data highlighted by the Syracuse researchers, noting that terrorist hoax cases that were quickly dismissed may have been included in the government data.
Additionally, some cases are referred to prosecutors to obtain subpoenas or other legal orders in investigations that ultimately don't result in criminal charges, spokesman Brian Roehrkasse said. He said prosecutors rejected 67 percent of FBI international-terrorist cases in the nine-month period — not 87 percent.
Of course, even if we accept the spokesman's explanation, that only mitigates, but doesn't explain, the problem raised:
"So with more special agents, many more intelligence analysts, and many fewer prosecutions, the question must be asked: What is the FBI doing?" the report said.
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