The U.S. Army’s counterintelligence operations are gearing up for a significant boost in their ability to make arrests, thanks to new legal powers expected to be in place by the end of the year. These changes are designed to address critical gaps in their authority and better protect sensitive information in an era of increasingly sophisticated threats, according to Army officers.
New Authority on the Horizon
„I expect that authority to come from the Attorney General by the end of the year,” Lt. Gen. Anthony Hale, the Army’s deputy chief of staff for intelligence, told reporters at AUSA 2025 last week.
Catch-22 Hindering Investigations
Currently, Army counterintelligence agents face a significant hurdle: they lack the legal authority to make arrests, execute warrants, or conduct searches off-base. This limitation forces them to rely on other agencies, like the FBI or Army Criminal Investigation Division (CID), but often they struggle to gather sufficient evidence to warrant their involvement, creating a Catch-22, according to Hale and Deputy Commander Col. Richard Dempsey.
Threat Landscape Intensifies
These reforms come at a crucial time, as the Army rapidly adopts new technologies and faces escalating threats from nation-states.
„China, Russia, Iran and North Korea … they’re collaborating in ways we have not seen ever before,” Hale warned during a panel at the Association of the US Army annual meeting.
Foreign intelligence agencies are actively targeting soldiers online, using platforms like LinkedIn and Reddit, to solicit classified information, often under the guise of research opportunities, as highlighted by Special Agent Scott Grovatt, who’s served 31 years in Army counterintelligence.
Legal Changes to Empower Agents
The National Defense Authorization Act of 2025 includes US Code Section 7377 authorities, granting civilian agents the power to conduct searches, execute warrants, and make arrests off-base, according to Hale.
Clearing the Backlog
With these new powers, Army counterintelligence anticipates a significant increase in arrests, allowing them to clear the backlog of ongoing investigations and better protect the nation’s security.
