|
.
"Three Guilty Men, by Leon Kuhn
.. Many CIA managers at
headquarters posited that the guidelines did not
present a problem and that no extra labor [was] required on the part of
field officers as a result of the guidelines. Many others, including CIA
officers in the field who brought their concerns to the attention of HPSCI
members and staff, had a different view . . . . Their concerns were not
that
waivers were denied, but that they were not career enhancing and that the
process by which requests were brought forward was cumbersome and
resulted in disincentive to work to recruit anyone who might have been
involved in proscribed acts. . . .
Prior to September 11, the FBI also attempted, but with
only limited success, to
develop human sources regarding the activities of al-Qa'ida and other
terrorist groups
within the United States. Again, the difficult nature of the target, as
well as FBI and
Department of Justice policies and practices, may have hampered the FBI's
coverage of
the radical fundamentalist community in this country.
Recruiting sources in fundamentalist communities within the
United States may
have been more difficult than such recruitments abroad. The FBI advised
the Joint
Inquiry that, for example, only 21 FBI agents possess the Arabic language
skills that
would be expected to be important in pursuing such recruitments.
However, even those FBI agents who were skilled at
developing such sources
faced a number of difficulties that may have hampered the FBI's ability to
gather
intelligence on terrorist activities in the United States. According to
several FBI agents,
for example, FBI Headquarters and field managers were often unwilling to
approve
potentially controversial activity involving human sources who were in a
position to
provide counterterrorism intelligence. The 1996 Antiterrorism and
Effective Death
Penalty Act specifically outlawed providing material support to terrorism.
If an FBI
source was involved in illegal funding or in terrorist training, the agent
responsible for
the source had to obtain approval from FBI Headquarters and the Department
of Justice
to allow the source to engage in the illegal activity. According to FBI
personnel, this was
a difficult process that sometimes took as long as six months. Because
terrorist sources
frequently engaged in activity that violated the 1996 Act, the cumbersome
approval
process often discouraged aggressive recruitment of these sources in the
field.
[page 100]
94
FBI agents also cited to the Joint Inquiry the requirement
for prior DCI approval
of FBI source travel abroad as a roadblock to sending sources overseas for
operational
purposes. Several FBI agents expressed the opinion to the Joint Inquiry
that the CIA took
advantage of this requirement to prevent FBI sources from operating
overseas. Another
FBI agent complained that FBI Headquarters management did not readily
approve
overseas travel for sources because of its belief that the FBI should
focus on activity
within the United States. When FBI management did approve overseas travel
for assets,
it often declined to allow the responsible agents to accompany the sources
during such
travel. These decisions, according to FBI agents in Joint Inquiry
interviews, significantly
diminished the quality of the operations.
The FBI also apparently did not use those counterterrorism
sources that had been
identified in the most effective and coordinated manner. The FBI generally
focused
source reporting on cases and subjects within the jurisdiction of specific
field offices and
did not adequately use sources to support a national counterterrorism
intelligence
program. For example, the FBI received intelligence in 1999 that a
terrorist organization
was planning to send students to the United States for aviation training.
While an
operational unit at FBI Headquarters instructed twenty-four field offices
to "task sources"
for information, it appears that no FBI sources were in fact asked about
the matter.
In addition, when the Phoenix FBI agent reported to FBI
Headquarters in July
2001 his concern that Middle Eastern students were coming to the United
States for civil
aviation-related training, there was no effort by either FBI Headquarters
or the field
office that was advised of his concern by FBI Headquarters to task
counterterrorism
sources for any relevant information. Similarly, when Minneapolis FBI
field office
agents detained Zacarias Moussaoui in August 2001, they were concerned
that he might
be part of a larger conspiracy. Nonetheless, neither the Minneapolis field
office nor FBI
Headquarters asked any FBI sources whether they knew anything about
Moussaoui or the
existence of any larger plot.
[Page 101]
[Finally, in August 2001, the FBI learned from the CIA that
terrorist suspects Nawaf al-Hazmi and Khalid al-Mihdhar were in the United States. Neither
the FBI field
offices that were involved in the search nor FBI Headquarters thought to
ask FBI field
95
offices to ask their sources whether they were aware of the
whereabouts of the two
individuals, who later took part in the September 11 attacks. As one
result, the San
Diego counterterrorism informant who had numerous contacts with those two
individuals
during 2000 was never asked to help the FBI locate them in the last weeks
before
September 11].
12. Finding: During the summer of 2001, when the
Intelligence Community was
bracing for an imminent al-Qa'ida attack, difficulties with FBI
applications for
Foreign Intelligence Surveillance Act (FISA) surveillance and the FISA
process led
to a diminished level of coverage of suspected al- Qa'ida operatives in the
United
States. The effect of these difficulties was compounded by the perception
that
spread among FBI personnel at Headquarters and the field offices that the
FISA
process was lengthy and fraught with peril.
Discussion: In the summer of 2000, during preparation for
the trial in New York
of those involved in the bombing of the U.S. embassies in East Africa,
prosecutors
discovered factual errors in applications for FISA orders sanctioning
electronic
surveillance. The FISA Court found that these errors included an erroneous
statement
that a FISA target was not under criminal investigation, erroneous
statements concerning
overlapping intelligence and criminal investigations, and unauthorized
sharing of FISA
information with criminal investigators and prosecutors.
The FISA Court also determined that these errors called
into question the
certifications that had been made by senior officials that the FISA
surveillances requested
by the applications had as their purpose the gathering of foreign
intelligence, rather than
criminal-related information, as required by FISA. After being informed of
additional
errors in subsequent months, the FISA Court barred an FBI agent who had
prepared one
of the erroneous applications from appearing before the Court again.
The FBI and the Department of Justice's Office of
Intelligence Policy and Review
(OIPR) began a systematic review of the FISA application process in
September 2000 to
[page 102] ensure the accuracy of FISA Court filings. Some FISA
surveillances targeting
al-Qa'ida agents were allowed to expire while OIPR and the FBI
investigated how the
errors had occurred. These orders were not renewed until after the attack
on USS Cole in
October 2000. In April 2001, the Bureau promulgated procedures for the
review of draft
96
FISA declarations and the submission of FISA applications
to the Court. OIPR also
revised the standard al-Qa'ida FISA application to reduce the amount of
extraneous
information that was required and that increased the likelihood of factual
errors.
During this process, many FISA surveillances of suspected
al-Qa'ida agents
expired because the FBI and OIPR were not willing to apply for application
renewals
when they were not completely confident of their accuracy. Most of the FISA orders
targeting al-Qa'ida that expired after March 2001 were not renewed before
September 11.
The Joint Inquiry received inconsistent figures regarding the specific
number of FISA
orders that were allowed to expire during the summer of 2001. One FBI
manager stated
that no FISA orders targeted against al-Qa'ida existed in 2001, others
interviewed said
there were up to [ ] al-Qa'ida orders at that time, and an OIPR official
explained that
approximately two-thirds of the number of FISA orders targeted against al-Qa'ida
had
expired in 2001.
Several organizations played a role in the breakdown of the
FISA process in the
year before the September 11 attacks. According to FBI personnel, OIPR and
the FISA
Court erred by requiring much extraneous information in FISA applications,
thus
increasing the likelihood of mistakes. Bureau agents frequently could not
or did not
verify the accuracy of information in the FISA applications. The FISA
Court's order
prohibiting an FBI agent from appearing before the Court also apparently
had a chilling
effect on FBI agents, and they became increasingly unwilling to confirm
the veracity of
FISA applications.
13. Finding: [ [page 103] ].
97
Discussion: [During his tenure, President Clinton signed
documents authorizing CIA covert action against Usama Bin Ladin and his
principal lieutenants. [ ].
[ ]:
o [ ].
o [ ].
[ ] [page 104] [ ]. [Former National Security Advisor Sandy
Berger testified to the Joint Inquiry on September 19, 2002 that, from the
time of the East Africa U. S. Embassy bombings in 1998, the U. S.
Government was:
. . . embarked [on] an very intense effort to get Bin Ladin,
to get his
lieutenants, through both overt and covert means. . . . We were involved -
at that point, our intense focus was to get Bin Ladin, to get his key
lieutenants. The President conferred a number of authorities on the
Intelligence Community for that purpose.
98
Senator Shelby: By "get him," that meant kill him if you
had to, capture
him or kill him?
Mr. Berger: I don't know what I can say in this hearing,
but capture and
kill. . . . There was no question that the cruise missiles were not trying
to
capture him. They were not law enforcement techniques. . . ."]
[ ].
[ ]." As former National Security Advisor Berger noted in
his Joint Inquiry interview, "We do not have a rogue CIA."
[ ]."
In his June 11, 2002 briefing to the Joint Inquiry, Mr.
Clarke reiterated this point
when he said: [page 105]
I think if you look at the 1980s and 1970s, the individuals
who held the
job of [DDO], one after another of them was either fired or indicted or
99
condemned by a Senate committee. I think under those
circumstances, if
you become Director of Operations, you would want to be a little careful
not to launch off on covert operations that will get you personally in
trouble and will also hurt the institution. The history of covert
operations
in the 1950s and 1960s and 1970s was not a happy one, and I think that
lesson got over-learned by people who at the time were probably in their
twenties and thirties, but by the time they became in their fifties, and
they
were managers in the [Directorate of Operations], I think that they
institutionalized a sense of covert action is risky and is likely to blow
up in
your face. And the wise guys at the White House who are pushing you to
do covert action will be nowhere to be found when the Senate Select
Committee on Intelligence calls you up to explain the mess that the covert
action became.
Mr. Clarke went on to say: "I think it is changed because
of 9/11. I think it is changed
because George Tenet has been pushing them to change it."
In a July 26, 2002 Joint Inquiry interview, a former Chief
of CTC made a similar point when he implicitly acknowledged that he pushed
whenever possible for clarity in the covert action authorities [ ]."
The policy makers' reluctance [ ] limited the scope of CIA
operations against Bin Ladin. [ ] [Page 106] [
100
]."
[ ]:
[ ].
In any event, the differing perceptions about the scope of
the authorizations shaped the types of covert action the CIA was willing
to direct against Bin Ladin prior to September 11, 2001 and, therefore,
its ultimate effectiveness. [ ].
[ ] [Page 107] [ ].
101
The CIA's actual efforts to carry out covert action against
Bin Ladin in
Afghanistan prior to September 11, 2001 were limited and do not appear to
have
significantly hindered al-Qa'ida's ability to operate. [ ]:
o [ ];
o [ ];"
o [ ];
o [ ];"
[Page 108]
o [
102
];
o [ ]; and,
o [ ].
Many of these efforts were key elements in "the Plan" -
initially developed in
1999 and subsequently modified -- that the DCI described in his testimony
before the
Joint Inquiry on October 17, 2002. "The Plan" did not, however, feature
elements
commonly associated with war plans or contingency plans, such as a mission
statement,
strategic goals or objectives, a statement of commander's intent, a
delineation of the
resources that would be required or are available for the operation, or
the measures by
which operational success might be measured. Although a covert action plan
might not
be expected to contain all of the elements of a war plan, the absence of
all these elements
suggests an absence of rigor in the planning process.
[ ] [Page 109] [ ].
The Joint Inquiry heard testimony on September 12 and
September 19, 2002 that,
between March 2001 and September 2001, the Bush Administration was engaged
in a
103
review of counterterrorism policy. ].
[ ]. [Deputy Secretary of State Armitage testified that the
Bush
Administration was considering, among other things, "increased authorities
for the
Central Intelligence Agency" in the summer of 2001 and was close to final
agreement on
a more aggressive strategy against Bin Ladin and his followers by
September 11, 2001:
The National Security Council . . . called for new
proposals [in March
2001] on a strategy that would be more aggressive against al-Qa'ida. The
first deputies meeting, which is the first decision making body in the
administration, met on the 30th of April and set off on a trail of
initiatives
to include financing, getting at financing, to get at increased
authorities for
the Central Intelligence Agency, sharp end things that the military was
asked to do. . . . So, from March through about August, we were preparing
a national security Presidential directive, and it was distributed on
August
13 to the principals for their final comments. And then, of course, we had
the events of September 11. . . .]
14. Finding: [Senior U.S. military officials were reluctant
to use U.S. military assets
to conduct offensive counterterrorism efforts in Afghanistan, or to
support or
participate in CIA operations directed against al-Qa'ida prior to
September 11. At
least part of this reluctance was driven by the military's view that the
Intelligence
Community was unable to provide the intelligence needed to support
military
operations. Although the U.S. military did participate in [ ]
counterterrorism
efforts to counter Usama Bin Ladin's terrorist network prior to September
11, 2001,
most of the military's focus was on force protection].
Discussion: National Security Council officials, CIA
officers in the CTC, and
senior U.S. military officers differ regarding the U.S. military's
willingness to conduct
operations against Usama Bin Ladin prior to September 11, 2001. In
general, however,
[page 110] these officials indicate that senior military leaders were
reluctant to have the
military play a major role in offensive counterterrorism operations in
Afghanistan prior to
September 11:
104
o In his June 11, 2002 remarks, former National Coordinator
for Counterterrorism Richard Clarke said, "the overwhelming message to the
White House from the uniformed military leadership was 'we don't want to
do this,' [ ]. Later in that same briefing, he said: "The military
repeatedly came back with recommendations that their capability not be
utilized [ ] in Afghanistan."
o In a written response to the Joint Inquiry, former
National Security Advisor Sandy Berger said:
President Clinton's top military advisers examined
[military options].
They advised us that there would be a low probability of success for such
operations in Afghanistan (before 9/11 when we did not have the
cooperation of Pakistan and other bordering nations) in the absence of
substantial lead-time actionable intelligence (i.e., specific advanced
knowledge of where bin Ladin would be at a specific time and place).
There were many obstacles to deploying ground troops into Afghanistan
from staging areas at some distance, including a serious possibility of
detection, difficulty of basing back-up forces nearby and logistical
difficulties.
o Interviews of officials at the CTC and a review of CTC
documents support the finding that the military did not seek an active
role in offensive counterterrorism operations. For example, ]." In the
CTC's view, although there was "lots of desire at the working level,"
there was "reluctance at the political level," and it was "unlikely that
JSOC will ever deploy under current circumstances."
[Page 111]
o On September 12, 2002, a former Chief of CTC said: "You
know, [the U.S.
military] - they have their own views on their willingness to take
casualties and
take risky operations… For them to go, they are more exacting in their
requirements, in terms of intelligence certainly, before they engage."
105
o Another former Chief of CTC testified:
Actually it was discussed… turning the ball over to [the
military], but
having them do it themselves. They declined, as I recall, as best I
recall,
because they lacked the covert action authorities to work in that
environment. Since there wasn't an official declaration of war, there
wasn't fighting, they didn't think they had the authorities to go in and
do it
themselves. They were willing to help… but they couldn't put boots on
the ground themselves.
o The former Chairman of the Joint Chiefs of Staff stated
that the U.S. military
primarily thought about the threat posed by Usama Bin Ladin's network in
terms
of protecting U.S. forces deployed overseas from terrorist attack. He also
stated
his belief that the CIA and FBI should have the lead roles in countering
terrorism,
and that military tools should be viewed as an extension and supplement to
the
leading roles played by the CIA and FBI. In discussing offensive
counterterrorism operations in Afghanistan, the former Chairman cited the
lack of
actionable intelligence, noting "Look at the risk associated with swooping
in."
With regard to using U.S. military forces in clandestine operations, the
former
Chairman said: "you don't put U.S. armed forces in another country if the
President doesn't declare war, unless you declare war on the Taliban." He
said he
never received a tasker to put boots on the ground to obtain actionable
intelligence, noting "the military does what it is told to do."
o The Joint Chief of Staff's Director of Operations
indicated that options developed
by the military for the White House in 2000 were in part aimed at
"educating" the
National Security Advisor on the complexities of operations in Afghanistan
involving "U.S. boots on the ground."
[Page 112]
In Joint Inquiry interviews, senior and retired U.S.
military officers cited the lack
of precise, actionable intelligence as a primary obstacle to the military
conducting its own
operations against Bin Ladin. The former Chairman of the Joint Chiefs of
Staff stated,
for example: ". . . you can develop military operations until hell freezes
over, but they are
worthless without intelligence."
106
However, according to CIA officers in the CTC who testified
before the Joint
Inquiry on September 12, 2002, the U.S. military often levied so many
requirements for
highly detailed, actionable intelligence prior to conducting an operation
- far beyond
what the Intelligence Community was ever likely to obtain - that U.S.
military units were
effectively precluded from conducting operations against Bin Ladin's
organization on the
ground in Afghanistan or elsewhere prior to September 11. A former Chief
of CTC's
special Bin Ladin unit said:
[the military's] requirements, before they operate, are
absolutely impossible for us to collect in most instances. [ ]. And the
requirements they sent us included items like, which side of the door are
the hinges on, do the windows open out or go up and down. And it is just
not the kind of intelligence we can provide on anything resembling a
regular basis.
The Department of Defense did ask the Defense HUMINT [Human
Intelligence]
Service to determine whether it could obtain information regarding Bin Ladin's
whereabouts. However, the former Chairman of the Joint Chiefs of Staff
indicated that
the U.S. military did not undertake any independent efforts, utilizing
U.S. military forces,
to determine Bin Ladin's location.
Lower-level military officers appeared to be more
enthusiastic than senior
military officials about active military participation in counterterrorism
efforts. Senior
CIA officers, CIA documents, and at least one former special operations
forces
[page 113] commander indicated, in interviews and testimony, that military
operators
were both capable and interested in conducting a special operations
mission against Bin
Ladin in Afghanistan prior to September 11. A former JSOC commander told
the Joint
Inquiry that his units did have the ability to put small teams into
Afghanistan. A CIA
document commenting on the prospects of Joint Special Operations Command
units
participating in an operation to capture Bin Ladin said: "lots of desire
at the [military]
working level," but there was "reluctance at the political level."
Despite senior officers' reluctance to play a major role,
military personnel and
assets did contribute to several counterterrorism efforts in addition to
force protection.
107
The Joint Inquiry has identified [ ] major types of
military participation in, or
support for, operations to counter Usama Bin Ladin's terrorist network
prior to
September 11:
o On August 20, 1998, following the bombings of two U.S.
embassies in East
Africa, the U.S. military, acting on President Clinton's orders, launched
cruise
missiles at Usama Bin Ladin-related targets in Sudan and Afghanistan. One
of
the objectives of those strikes was to kill Usama Bin Ladin. As former
National
Security Advisor Sandy Berger testified: "we [were] trying to kill Bin
Ladin, we
dropped cruise missiles on him;"
o Between 1999 and 2001, the U.S. military positioned a
number of Navy ships and
submarines armed with cruise missiles in the North Arabian Sea to launch
additional cruise missile strikes at Bin Ladin in the event the
Intelligence
Community was able to obtain precise information on his whereabouts in
Afghanistan; and
o [In 2000 and 2001, the Joint Staff and U.S. Air Force
provided technical
assistance in the development of the Predator unmanned aerial vehicle as a
[Page
114] second source of intelligence on Usama Bin Ladin's precise
whereabouts in
Afghanistan. Former National Security Advisor Sandy Berger told the Joint
Inquiry that:
The Clinton Administration was engaged in an active
strategy against Bin
Ladin and was continuously examining new initiatives for defeating Bin
Ladin and al-Qa'ida, given what was known and the allies available at the
time. For example, in 2000, we developed the Predator program, which
was successfully tested in late 2000 and was available to be
operationalized as a critical intelligence platform to confirm
intelligence
on his whereabouts when the weather cleared in the Spring of 2001].
In general, however, the CIA and U.S. military did not
engage in joint operations,
pool their assets, or develop joint plans against Usama Bin Ladin in
Afghanistan prior to
September 11, 2001 - despite interest in such joint operations at the CIA.
Commenting
on the idea of the CIA and U.S. military engaging in joint operations, a
former Chief of
CTC testified:
108
I think it is absolutely great [idea]. This is something we have been
advocating for a long time. If you want to go to war, you take the CIA,
its
clandestinity, its authorities, and you match it up with special
operations
forces of the U.S. military, you can really - you can really do some
damage.… This is something that we have tried to advocate at the
working level, and we haven't made much progress. But, if this is
something that [the Congress] would like to look into, it would be great
for the United States.
Similarly, a former Chief of CTC's special Bin Ladin unit
said: "As someone who
served [ ] and worked with special forces, they want to work with us and
we want
to work with them. History was made between the CIA and special forces. We
need to
do that." However, the former Chairman of the Joint Chiefs of Staff told
the Joint
Inquiry that he did not believe in joint operations with the CIA. He said,
"I want to make
sure the military piece of the plan is under military control, and not
predicated on the
CIA's piece being successful."
15. Finding: The Intelligence Community depended heavily on
foreign intelligence
and law enforcement services for the collection of counterterrorism
intelligence and
the conduct of other counterterrorism activities. The results were mixed
in terms of
productive intelligence, reflecting vast differences in the ability and
willingness of
the various foreign services to target the Bin Ladin and al-Qa'ida
network.
Intelligence Community agencies sometimes failed to coordinate their
relationships
with foreign services adequately, either within the Intelligence Community
or with
broader U.S. Government liaison and foreign policy efforts. This reliance
on
foreign liaison services also resulted in a lack of focus on the
development of
unilateral human sources.
[Page 115]
Discussion: [In the mid-1990s, CIA counterterrorism
officials decided that unilateral operations alone were of limited value
in penetrating al-Qa'ida and that foreign liaison services could serve as
a force multiplier. Foreign intelligence and security services often had
excellent local knowledge and capabilities; [ ]. Therefore, CIA, FBI, NSA,
and other Intelligence Community agencies strengthened their liaison
relationships with existing foreign partners and forged new relationships
to fight al-Qa'ida and other radical groups. For example, the CIA [
109
]. The FBI expanded its Legal Attache (Legat) program].
[Despite those efforts, many weaknesses in foreign liaison
relationships were
apparent before the September 11 attacks. These weaknesses limited the
amount and
quality of the counterterrorism intelligence received as a result of those
relationships. For
example, individuals in some liaison services organization are believed to
have
cooperated with terrorist groups].
[Regarding Saudi Arabia, former FBI Director Louis Freeh
testified that,
following the 1996 Khobar Towers bombing, the FBI "was able to forge an
effective
working relationship with the Saudi police and Interior Ministry." A
considerable
amount of personal effort by Director Freeh helped to secure what he
described as
"unprecedented and invaluable" assistance in the Khobar Towers bombing
investigation
from the Saudi Ambassador to the United States and the Saudi Interior
Minister. By
contrast, the Committees heard testimony from U.S. Government personnel
that Saudi
officials had been uncooperative and often did not act on information
implicating Saudi
nationals].
[Page 116]
[According to a U. S. Government official, it was clear
from about 1996 that the Saudi Government would not cooperate with the
United States on matters relating to Usama Bin Ladin. [ ], reemphasized
the lack of Saudi cooperation and stated that there was little prospect of
future cooperation regarding Bin Ladin. [ ] told the Joint Inquiry that he
believed the U.S. Government's hope of eventually obtaining Saudi
cooperation was unrealistic because Saudi assistance to the U.S.
Government on this matter is contrary to Saudi national interests].
[A U. S. Government official testified to the Joint Inquiry
on this issue [ ] as follows:
110
[ ]….[F]or the most part it was a very troubled
relationship where
the Saudis were not providing us quickly or very vigorously with response
to it. Sometimes they did, many times they didn't. It was just very slow
in coming.
The Treasury Department General Counsel testified at the
July 23, 2002 hearing
about the lack of Saudi cooperation:
There is an almost intuitive sense, however, that things
are not being
volunteered. So I want to fully inform you about it, that we have to ask
and we have to seek and we have to strive. I will give you one-and-a-half
examples. The first is, after some period, the Saudis have agreed to the
designation of a man named Julaydin, who is notoriously involved in all of
this; and his designation will be public within the next 10 days. They
came forward to us two weeks ago and said, okay, we think we should go
forward with the designation and a freeze order against Mr. Julaydin. We
asked, what do you have on him? Because they certainly know what we
have on him, because we shared it as we tried to convince them that they
ought to join us. The answer back was, nothing new.
. . . .
. . . I think that taxes credulity, or there is another
motive we are not being
told.
[Page 117]
[A number of U. S. Government officials complained to the
Joint Inquiry about a lack of Saudi cooperation in terrorism
investigations both before and after the September 11 attacks. ]. A high-
level U. S. Government officer cited greater Saudi cooperation when asked
how the September 11 attacks might have been prevented. In May 2001, the
U.S. Government became aware that an individual in Saudi Arabia was in
contact with a senior al-Qa'ida operative and was most likely aware of an
upcoming al- Qa'ida operation. [ ].
[
111
].
Several other Arab governments hesitated to share
information gleaned from arrests of suspects in the USS Cole bombing and
other attacks. Even several European governments were described to the
Joint Inquiry as indifferent to the threat al-Qa'ida posed prior to
September 11, while others faced legal restrictions that impeded their
ability to share intelligence with the United States or to disrupt
terrorist cells. Prior to September 11, for example, [ ], despite repeated
requests from CIA, [Page 118] provided little helpful information [ ]. A
CIA representative described the situation in his testimony before the
Joint Inquiry:
We had passed [ ] a great number of leads about al-Qa'ida
members. We passed [them] a great deal of leads on al-Qa'ida members,
including some of the people you see in the press now, like [ ], and we
had really given them a lot of names to track after September 11. The
arrests they made [after September 11, 2001] showed that they had in fact
been following them and monitoring them to some extent. But the CIA did
not get information back [ ] on it to any measurable extent that would
help us with our efforts.
[CIA's liaison partners vary in competence and commitment.
[ ]. However, the Agency still had to rely heavily on liaison partners in
several countries in order to acquire counterterrorism intelligence for
the conduct of other counterterrorism activities].
There were also missteps in the efforts of various
Intelligence Community agencies to develop foreign liaison relationships.
[ ]. However, significant problems arose because liaison on
counterterrorism was not always well integrated into overall U.S. regional
goals and
112
liaison relations. As a result, other issues, albeit
important, sometimes diverted attention
from counterterrorism.
The many channels for contact between U.S. and foreign
intelligence services
also led to a lack of coordination at times. Former National Security
Advisor Sandy
Berger noted that many U.S. agencies, ranging from the CIA and FBI to the
Agriculture
Department, develop liaison service relations and that, in some countries,
there are now a
dozen or more of these kinds of relationships. Often, U.S. ambassadors
were not able to
control these interactions, and, as a result, the U.S. Government did not
always place
[page 119] proper priorities on what it asked of foreign governments. In
his testimony,
Mr. Berger recommended giving "the DCI authority to coordinate all
intelligence
cooperation with other countries."
Finally, the capabilities of FBI Legats were not always
incorporated within the
overall intelligence relationship with a foreign country. Thus, other
members of the U.S.
Intelligence Community did not always utilize relationships developed by
the Legats to
their full advantage.
16. Finding: [The activities of the September 11 hijackers
in the United States
appear to have been financed, in large part, from monies sent to them from
abroad
and also brought in on their persons. Prior to September 11, there was no
coordinated U.S. Government-wide strategy to track terrorist funding and
close
down their financial support networks. There was also a reluctance in some
parts of
the U.S. Government to track terrorist funding and close down their
financial
support networks. As a result, the U.S. Government was unable to disrupt
financial
support for Usama Bin Ladin's terrorist activities effectively].
Discussion: [Tracking terrorist funds can be an especially
effective means of
identifying terrorists and terrorist organizations, unraveling and
disrupting terrorist plots,
and targeting terrorist financial assets for sanctions, seizures, and
account closures. As
with organized criminal activity, financial support is critically
important to terrorist
networks like al-Qa'ida. Prior to September 11, 2001, however, no single
U.S.
Government agency was responsible for tracking terrorist funds,
prioritizing and
coordinating government-wide efforts, and seeking international
collaboration in that
effort. Some tracking of terrorist funds was undertaken before September
11. For the
113
most part, however, these efforts were unorganized and
ad-hoc, and there was a
reluctance to take actions such as seizures of assets and bank accounts
and arrests of
those involved in the funding. A U.S. Government official testified before
the Joint
Inquiry, for example, that this reluctance hindered counterterrorist
efforts against Bin
Ladin: "Treasury was concerned about any activity that could adversely
affect the
international financial system . . . ]."
Treasury Department General Counsel David Aufhauser
testified to the Joint
inquiry on July 23, 2002 that, prior to September 11, the financial war on
terrorism was
"ad-hoc-ism", episodic, and informal without any orthodox mechanism for
the exchange
[page 120] of information or setting of priorities. He stated that, prior
to September 11,
the DCI never asked Treasury to perform an analysis of Bin Ladin, al-Qa'ida,
or
associated terrorist financing.
At the same hearing, the Chief of the FBI's Financial
Review Group also testified
to the lack of an overall financial strategy against terrorist funding. He
stated that the
FBI's financial investigations prior to September 11 were inconsistent,
done on a caseby-
case basis, and not supervised by a specialized unit at FBI Headquarters.
Given this lack of focus on terrorist financing, the
Intelligence Community was
unable, prior to September 11, to identify and attack the full range of
Bin Ladin's
financial support network. Former National Counterterrorism Coordinator
Richard
Clarke described for the Joint Inquiry his pre-September 11 frustration
with the
Intelligence Community's lack of focus in this regard:
[].
. . . .
Whenever we pressed the various agencies to do more on
finding Bin
Ladin's money, we would hear that they didn't consider it as important as
the White House did for the reason you specified, that you were able to
114
stage an operation for a small amount of money. My view was
that it may
have been true that you could stage an operation for a small amount of
money, but you couldn't run al-Qa'ida for a small amount of money. Al-
Qa'ida was a vast worldwide organization that was creating terrorist
groups in various countries that would not be called a-Qa'ida, but would
be called names associated with that particular country. But they were
creating terrorist groups, they were funding them from the start. They
were taking preexisting terrorist groups and buying their allegiance and
buying them additional capability. It seemed to me it must have cost a
great deal of money to be al-Qa'ida, but I was never able to get the
Intelligence Community to tell me within any range of magnitude how
much money the annual operating budget of al-Qa'ida may have been.
[Page 121]
Prior to September 11, there was also some reluctance to
use available financial
databases to track suspected terrorists. The Chief of the FBI's Financial
Review Group -
which had been only a section in the FBI's White Collar Crime Unit before
September 11
-- and the Director of the Treasury Department's Financial Crimes
Enforcement Network
(FinCEN) both testified before the Joint Inquiry that, prior to September
11, they had
capabilities to develop leads on terrorist suspects and link them to other
terrorists and to
terrorist funding sources. They both agreed that they would have been able
to locate
Nawaf al-Hazmi and Khalid al-Mihdhar in the United States in August 2001,
if asked,
through credit card and bank information. The use of these capabilities in
the first weeks
after September 11 enabled the FBI, with assistance from the Secret
Service, to connect
almost all of the 19 hijackers to each other very quickly by linking bank
accounts, credit
cards, debit cards, address checks, and telephones. Despite the existence
of those
capabilities, the FBI did not seek their assistance in the search for al-Hazmi
and al-
Mihdhar in late August 2001.
FinCEN was involved in tracking terrorist funds prior to
September 11 and
experienced some success. FinCEN began doing linkage analysis of terrorist
financing in
October 1999 and first identified a specific account with a direct link to
al-Qa'ida in
February 2001. It has the advantage of being able to work with both law
enforcement
and intelligence information, and to combine that information with Bank
Secrecy Act and
commercial data to assist the Treasury Department's Office of Foreign
Assets Control
(OFAC) and others in the seizure, blocking, and freezing of terrorist
assets. FinCEN's
capabilities have been made available to federal, state, and local law
enforcement
agencies for lead purposes since before September 11.
115
The FBI did some tracking of terrorist funds prior to
September 11, but this was
mostly done on an episodic basis, primarily directed at money laundering
activity, in the
context of field office investigations with no national or international
coordination, and
with very limited cooperation with the Treasury Department. The Joint
Inquiry was
informed that the FBI's newly-formed Financial Review Group is developing
what did
not exist pre-September 11, a national strategy for a coordinated U.S.
Government-wide
[page 122] effort to track terrorist funds, mine financial data from a
common database,
investigate, disrupt, arrest, and prosecute.
International cooperation in tracking terrorist funds was
also not easy to achieve
prior to September 11. For example, the Director of OFAC at the Treasury
Department
testified that he made two trips to Saudi Arabia, Bahrain, the United Arab
Emirates, and
Kuwait in 1999 and 2000 to request their cooperation in tracking and
restricting Bin
Ladin and al-Qa'ida funds, but only achieved limited results.
Pre-September 11, OFAC
did take some actions, such as trade sanctions and an asset freeze against
the Taliban for
harboring Bin Ladin, that achieved a modicum of success.
On September 24, 2001, President Bush gave a new priority
to the tracking of
terrorist funds when he stated: "We will direct every resource at our
command to win the
war against terrorists, every means of diplomacy, every tool of
intelligence, every
instrument of law enforcement, every financial influence. We will starve
the terrorists of
funding." (Emphasis added.) The President made this statement four days
after signing
an executive order to block the funds of terrorists and their associates.
Substantial
actions have been taken by the U.S. Government in this area since
September 11,
including blocking terrorist-related assets; seizing assets and smuggled
bulk cash;
arresting terrorist financiers and indicting them; and, shutting down
front companies,
charities, banks, and hawala conglomerates that served as financial
support networks for
al-Qa'ida and Bin Ladin.
New authorities that have been granted since September 11
have also been
instrumental in making these seizure and arrest actions successful. For
example, OFAC
at Treasury requested and received in the October 2001 USA PATRIOT Act
explicit
116
authorities to block assets while an investigation is in
progress and to use classified
information as evidence in order to place additional names on the list for
freezing and
blocking assets. The challenge facing the Intelligence Community is to
maintain, expand
and adapt the use of these capabilities to combat future terrorist threats
effectively.
Despite improvements since September 11, former National Counterterrorism
[page 123]
Coordinator Richard Clarke told the Joint Inquiry that, as of June 2002,
there were still
many unanswered questions about Bin Ladin's finances:
We asked [CIA] in particular [ ], because initially -
because he was said to be a financier. They were unable to do that, [
].CIA was [ ] unable to tell us what it cost to be Bin Ladin, what it cost
to be al-Qa'ida, how much was their annual operating budget within some
parameters, where did the money come from, where did it stay when it
wasn't being used, how it was transmitted. They were unable to find
answers to those questions.
Part of the challenge for the Intelligence Community, and
particularly the FBI, is
the difference between terrorist financing and other forms of organized
criminal money
laundering. Strategies and tactics that were effective in countering money
laundering
must be reexamined in order to assure their effectiveness in regard to
terrorist financing.
The Treasury Department's General Counsel was in England at a money
laundering
conference on September 11, 2001 and explained to the Joint Inquiry how
his perception
of the problem shifted as he watched the two World Trade Center towers
disintegrate:
It was as if we had been looking at the world through the
wrong end of a
telescope. . . . Money had been spirited around the globe by means and
measures and in denominations that mocked all of our detection. . . . The
most serious threat to our well being was now clean money intended to
kill, not dirty money seeking to be rinsed in a place of hiding.
D. RELATED FINDINGS
During the course of this Joint Inquiry, testimony and
information were received
that pertained to several issues involving broader, policy questions that
reach beyond the
boundaries of the Intelligence Community. In the three areas described
below, the Inquiry
finds that policy issues were relevant to our examination of the events of
September 11.
[Page 124]
117
17. Finding: Despite intelligence reporting from 1998
through the summer of 2001
indicating that Usama Bin Ladin's terrorist network intended to strike
inside the
United States, the United States Government did not undertake a
comprehensive
effort to implement defensive measures in the United States.
Discussion: As noted earlier, the Joint Inquiry has
established that the
Intelligence Community acquired and disseminated from 1998 through the
summer of
2001 intelligence reports indicating in broad terms that Usama Bin Ladin's
network
intended to carry out terrorist attacks inside the United States. This
information
encompassed, for example, indications of plots for attacks within the
United States that
would include:
o attacks on civil aviation;
o assassinations of U.S. public officials;
o use of high explosives;
o attacks on Washington, D.C., New York City, and cities on the West
Coast;
o crashing aircraft into buildings as weapons; and
o using weapons of mass destruction.
The intelligence that was acquired and shared by the
Intelligence Community was
not specific as to time and place, but should have been sufficient to
prompt action to
insure a heightened sense of alert and implementation of additional
defensive measures.
Such actions could have included: strengthened civil aviation security
measures;
increased attention to watchlisting suspected terrorists so as to keep
them out of the
United States; greater collaboration with state and local law enforcement
authorities
concerning the scope and nature of the potential threat; a sustained
national effort to
inform and alert the American public to the growing danger; and improved
capabilities to
deal with the consequences of attacks involving mass destruction and
casualties. The
U.S. Government did take some steps in regard to detecting and preventing
the use of
weapons of mass destruction, but did not pursue a broad program of
additional domestic
defensive measures or public awareness.
[Page 125]
118
Both the DCI and the FBI Director discussed the important
role that defensive
measures could have played. According to the DCI's 's testimony, looking
back at the
September 11 attacks:
. . . since now we understand and possibly have understood
the basis of the
history of specific reporting with regard to specific targets, and the
context
was we raced from threat period to threat period, from target to target,
and
once we resolved them we never thought about the fact that the security
that was protecting, whether it's a plane or an infrastructure or a
bridge, is
poor to begin and somebody will come back to the same target that they've
planned against. Unless they see a security profile and a deterrent
posture
that's different, there's nothing to stop them from doing that, because
essentially we all believed that it would never happen here. That's the
point.
. . . .
. . . I posit a theory that we were so busy overseas in
terms of what we
were doing at the time that, you know, they were looking here the whole
time and steadily planning in terms of what they were doing. So they
were operating on two fronts.
FBI Director Mueller added:
I think you can look at what happened September 11 and I
think both of us
would say there are things we did right and things we missed and did
wrong. But you look at it from the perspective of could we have prevented
these individuals, identified these individuals and prevented them from
undertaking this multi-plane undertaking, and I guess I would say I think
it's speculation, but in looking at each of the areas that we could have
done
better, I'm not certain you get to the point where we stop these
individuals.
On the other hand, looking at the concept of hijacking
planes and taking
them over, as a country one could look back and say with reports of
hijackings over a period of time, perhaps we as a country should have
looked at changing the way we protect our planes, which means doing
what we are doing now in terms of hardening the cockpit, understanding
that the threat of a hijacking is not for a person to hijack a plane and
get it
to the ground, utilizing the passengers as hostages, but the concept of
using a plane as a weapon. Had we, as a country, reached the position
where the attacks were such and the possibilities such that we would
change what we did in our airline industry to harden cockpits and train
pilots to resist being taken over, that's another avenue that I think
might
have made a difference. But that's speculation.
119
18. Finding: Between 1996 and September 2001, the counterterrorism
strategy
adopted by the U. S. Government did not succeed in eliminating Afghanistan
as a
sanctuary and training ground for Usama Bin Ladin's terrorist network. A
range
of instruments was used to counter al-Qa'ida, with law enforcement often
emerging
[page 126] as a leading tool because other means were deemed not to be
feasible or
failed to produce results. Although numerous successful prosecutions were
generated, law enforcement efforts were not adequate by themselves to
target or
eliminate Bin Ladin's sanctuary. While the United States persisted in
observing the
rule of law and accepted norms of international behavior, Bin Ladin and
al-Qa'ida
recognized no rules and thrived in the safehaven provided by Afghanistan.
Discussion: Between 1996 and September 2001, the United
States worked with
dozens of cooperating foreign governments to disrupt al-Qa'ida activities,
arrest and
interrogate operatives, and otherwise prevent terrorist attacks.
Throughout that period of
time, however, Afghanistan was largely a terrorist "safe haven." In its
Afghan sanctuary,
al-Qa'ida built a network for planning attacks, training and vetting
recruits, indoctrinating
potential radicals, and creating a terrorist army with little interference
from the United
States.
Some CIA analysts and operators have told the Joint Inquiry
that they recognized
as early as 1997 or 1998 that, as long as the Taliban continued to grant
Bin Ladin's
terrorist organization sanctuary in Afghanistan, it would continue to
train a large cadre of
Islamic extremists and generate numerous terrorist operations. In 1999,
senior officials at
the CIA and the State Department began to focus on the Taliban as an
integral part of the
terrorist problem. In 1999 and 2000, the State Department worked with the
United
Nations Security Council to obtain resolutions rebuking the Taliban for
harboring Bin
Ladin and allowing terrorist training. The Defense Department began to
focus on this
issue in late 2000, after the USS Cole bombing. A State Department
demarche to Taliban
representatives in Pakistan, on June 26, 2001, specifically noted the
threats to Americans
emanating from Afghanistan and stated that the United States would hold
the Taliban
regime directly responsible for any actions taken by terrorists harbored
by the Taliban.
Former National Security Advisor Berger noted in a
statement to the Joint Inquiry
that "In fact, there was a concerted military, economic, and diplomatic
pressure on the
Afghanistan and the Taliban…." Mr. Berger also explained that Saudi Arabia
and
120
Pakistan were pressed to cut support for the Taliban and
that covert and military
measures were taken to disrupt al-Qa'ida activities in Afghanistan.
Unfortunately, the
[page 127] Joint Inquiry found that none of these actions were effective
in hindering
terrorist training or al-Qa'ida's ability to operate from Afghanistan.
[Despite the Intelligence Community's growing recognition
that Afghanistan was churning out thousands of radicals, the U.S.
government did not integrate all the instruments of national power and
policy - diplomatic, intelligence, economic, and military - to address
this problem. [ ]. Prior to September 11, military force was used only in
the August 20, 1998 cruise missile strikes on targets in Afghanistan and
the Sudan. Former National Security Advisor Sandy Berger testified to the
Joint Inquiry that massive military strikes on Afghanistan would have had
little public or Congressional support before September 11, 2001.
Moreover, as Mr. Berger noted to the Joint Inquiry, a lack of intelligence
on which to base action hindered efforts to use military force in
Afghanistan].
Permitting the sanctuary in Afghanistan to exist for as
long as it did allowed Bin
Ladin's key operatives to meet, plan operations, train recruits, identify
particularly
capable recruits or those with specialized skills, and ensure that al-Qa'ida's
masterminds
remained beyond the reach of international justice. In his testimony
before the Joint
Committee on October 17, 2002, the DCI responded to a question about what
he would
do differently prior to September 11, 2001, saying:
[H]indsight is perfect, we should have taken down that
sanctuary a lot
sooner. The circumstances at the time may have not warranted, the
regional situation may have been different, and after [September] 11 all I
can tell you is we let a sanctuary fester, we let him build capability.
And
there may have been lots of good reasons why in hindsight it couldn't have
been done earlier or sooner. I am not challenging it, because hindsight is
always perfect, but we let him operate with impunity for a long time
without putting the full force and muscle of the United States against it.
As an adjunct to covert and military efforts to eliminate
Bin Ladin's sanctuary in
Afghanistan, the United States Government relied heavily on law
enforcement to counter
121
[page 128] terrorism. The origins of this emphasis on prosecutions can be
traced back to
the 1980s, when Congress and President Reagan gave the FBI an important
role in
countering international terrorism, including events overseas. More
recently, the
successful prosecutions of individuals involved in the 1993 World Trade
Center
bombing, the plot to attack New York City landmarks, and the 1998 bombings
of two
U.S. Embassies in East Africa added to the emphasis on law enforcement as
a
counterterrorism measure.
Senior Department of Justice officials, including former
U.S. Attorney for the
Southern District of New York Mary Jo White, who prosecuted many of the
most
important cases against al-Qa'ida, point out that they saw their efforts
as an adjunct to
other means of fighting terrorism. Prosecutions do have several advantages
in the fight
against terrorism. As Ms. White noted to the Joint Inquiry, prosecutions
take terrorists
off the street. She acknowledged that this does not shut down an entire
group, but some
bombs do not go off as a result of the arrests. In addition, critical
intelligence often
comes from the investigative process, as individual terrorists confess or
reveal associates
through their personal effects and communications. Former FBI Director
Louis Freeh
pointed out to the Joint Inquiry, "you can't divorce arrest from
prevention." Ms. White
also contends that the prosecutions may deter some, though admittedly not
all,
individuals from using violence. Finally, the threat of a jail sentence
often induces
terrorists to cooperate with investigators and provide information.
Heavy reliance on law enforcement had limits, however. As
Paul Pillar, National
Intelligence Officer for the Near East and Asia, explained to the Joint
Inquiry, it is easier
to arrest underlings than masterminds. Those who organize and plan
attacks, particularly
the ultimate decision makers who authorize them, are often thousands of
miles away
when an attack is carried out. In addition, the deterrent effect of
imprisonment is often
minimal, particularly for highly motivated terrorists such as those in al-Qa'ida.
Moreover, law enforcement is time-consuming. The CIA and
the FBI expended
considerable resources supporting investigations in Africa and in Yemen
regarding the
Embassies and USS Cole attacks, a drain on scarce manpower and resources
that could
122
[page 129] have been used to gather information and disrupt
future attacks. Further, there
were no established mechanisms for law enforcement officials to share
foreign
intelligence developed in these investigations with the Intelligence
Community, and they
did not always recognize it, prior to September 11. Finally, law
enforcement standards of
evidence are high, and meeting these standards often requires unattainable
intelligence or
the compromise of sensitive intelligence sources or methods.
At times, law enforcement and intelligence have competing
interests. The former
head of the FBI's International Terrorism Division noted to the Joint
Inquiry that
Attorney General Janet Reno leaned toward closing down Foreign
Intelligence
Surveillance Act-based collection activities if they seemed to hinder
criminal cases. Ms.
White, however, said that the need for intelligence was balanced with the
effort to arrest
and prosecute terrorists.
The reliance on law enforcement when individuals can
operate from a hostile
country such as the Taliban's Afghanistan appears particularly
ineffective, as the
masterminds are often beyond the reach of justice. One FBI agent, in a
Joint inquiry
interview, scorned the idea of using the Bureau to take the lead in
countering al-Qa'ida.
He noted that the FBI can only arrest and support prosecution and cannot
shut down
training camps in hostile countries. He added that, "[it] is like telling
the FBI after Pearl
Harbor, 'go to Tokyo and arrest the Emperor.'" In his opinion, a military
solution was
necessary because, "[t]he Southern District [of New York] doesn't have any
cruise
missiles." As the DCI testified to the Joint Inquiry on June 19, 2002:
The fact that you went into the sanctuary and took it down
is the single
most important thing that occurred [after September 11], because they no
longer operated with impunity in terms of their training and financing and
all the things they were doing. And that opportunistically has changed the
game. So the policy question I would answer first is, the longer you wait
when you see this kind of thing, the longer you wait to intervene, the
longer you wait to allow evidence to manifest behavior, I guarantee you
will be surprised and hurt.
19. Finding: Prior to September 11, the Intelligence
Community and the U.S.
Government labored to prevent attacks by Usama Bin Ladin and his terrorist
123
[page 130] network against the United States, but largely
without the benefit of an
alert, mobilized and committed American public. Despite intelligence
information
on the immediacy of the threat level in the spring and summer of 2001, the
assumption prevailed in the U.S. Government that attacks of the magnitude
of
September 11 could not happen here. As a result, there was insufficient
effort to
alert the American public to the reality and gravity of the threat.
Discussion: The record of this Joint Inquiry indicates
that, prior to September 11,
2001, the U.S. Intelligence Community was involved in fighting a "war"
against Bin
Ladin largely without the benefit of what some would call its most potent
weapon in that
effort: an alert and committed American public. Senior levels of the
Intelligence
Community, as well as senior U.S. Government policymakers, were aware of
the danger
posed by Bin Ladin. Information that was shared with senior U.S.
Government officials,
but was not made available to the American public because of its national
security
classification, was explicit about the gravity and immediacy of the threat
posed by Bin
Ladin. For example:
o In December 1998, as noted earlier, the DCI wrote: "We
must now enter a
new phase in our effort against Bin Ladin…We are at war…I want no
resources or people spared in this effort, either inside CIA or the
[Intelligence]
Community."
o A classified document signed by the President in December
1998 read in part:
"The Intelligence Community has strong indications that Bin Ladin intends
to
conduct or sponsor attacks inside the United States"; and
o A classified document signed by the President in July
1999 characterized a
February 1998 statement by Bin Ladin statement as a "de facto declaration
of
war" on the United States.
In addition, numerous classified intelligence reports were
produced and
disseminated by the Intelligence Community prior to September 11, based
upon
information obtained from a variety of sources, about possible terrorist
attacks being
planned by Usama Bin Ladin's terrorist network. Some of this information
was
summarized and released, in declassified form, in the Joint Inquiry's
September 18, 2002
hearing, including: [page 131]
o In June 1998, the Intelligence Community obtained
information from several
sources that Usama Bin Ladin was considering attacks in the United States,
including against Washington, D. C. and New York;
124
o In August 1998, the Intelligence Community obtained
information that a
group of unidentified Arabs planned to crash an explosive-laden plane from
a
foreign country into the World Trade Center;
o In September 1998, the Intelligence Community obtained
information that
Usama Bin Ladin's next operation could possibly involve flying an aircraft
loaded with explosives into a U.S. airport;
o In October 1998, the Intelligence Community obtained
information that al-Qa'ida was trying to establish an operative cell within the United States,
and
that there might be an effort underway to recruit U.S. citizen- Islamists
and
U.S.-based expatriates from the Middle East and North Africa;
o In September 1999, the Intelligence Community obtained
information that
Usama Bin Ladin and others were planning a terrorist act in the United
States,
possibly against specific landmarks in California and New York City; and
o In late 1999, the Intelligence Community obtained
information regarding the
Bin Ladin network's possible plans to attack targets in Washington, D. C.
and
New York City during the New Year's Millennium celebrations.
There is little indication of any sustained and successful
national effort to
mobilize public awareness about the gravity and immediacy of the threat
prior to
September 11, however. Specifically citing speeches by President Clinton
at the United
Nations in 1995 and at George Washington University in 1996 regarding the
fight against
terrorism, former national Security Advisor Sandy Berger told the Inquiry
that the
President: "continuously attempted to raise public awareness of the
terrorist threat, as a
central challenge to our country and our future, [and] including in every
State of the
Union address for eight years."
Clearly, there were Presidential remarks regarding
terrorism in the years before
September 11, 2001, including references to the threat that Bin Ladin's
network posed to
the interests of the United States. There were also periodic statements
and references to
[page 132] the threat from terrorism and Bin Ladin in Congressional
testimony and
elsewhere by both the DCI and the FBI Director.
In an interview, Richard Clarke, the former National
Counterterrorism
Coordinator under President Clinton, pointed to background briefings to
the press by his
office immediately after the Millennium crisis in January-February 2000
and the
125
Administration's cooperation with the New York Times in
December 2000 and with
CBS's 60 Minutes on stories about terrorism as efforts to inform the
American people of
the growing terrorist threat.
These efforts were, however, largely sporadic and, given
the classified nature of
intelligence, limited in terms of the specifics that could be shared with
the public about
the immediacy and gravity of the threat. They were not sufficient to
mobilize and sustain
heightened public awareness about the danger of a domestic attack.
By comparison to what has occurred since September 11, the
American public
was not focused on and was not on heightened alert regarding Bin Ladin,
his fatwa
against the United States, and the immediate likelihood of a terrorist
attack on American
soil. In the aftermath of September 11, two incidents illustrate the
difference that an
alerted American public can, and does, make:
o On September 11, 2001, passengers aboard Flight 93, aware
that two aircraft
had been flown into the World Trade Center towers in New York City,
attempted to retake control of their hijacked aircraft and, it is widely
believed,
saved further loss of life and destruction; and
o On December 22, 2001, an alert flight attendant on board
an American
Airlines flight from Paris to Miami noticed passenger Richard Reid
attempting
to light a fuse in his shoe. Reid was subsequently subdued by a number of
passengers and has pleaded guilty to charges of attempting to blow up the
aircraft.
[Page 133]
Kristen Breitweiser, speaking on behalf of the families of
the victims of the
September 11 attacks, reminded the Joint Inquiry of the importance of an
alert and
involved American public in the war against terrorism. In her testimony,
she emphasized
the potential importance of information that was not shared with the
public before
September 11, 2001:
One thing remains clear from history. Our intelligence
agencies were
acutely aware of an impending domestic risk posed by Al Qaeda. A
126
question that remains unclear is how many lives could have
been saved
had this information been made more public.
. . . .
How many victims may have taken notice of these Middle
Eastern men
while they were boarding their plane? Could these men have been
stopped? Going further, how many vigilant employees would have chosen
to immediately flee Tower 2 after they witnessed the blazing inferno in
Tower 1, if only they had known that an Al Qaeda terrorist attack was
imminent?
Could the devastation of September 11 been diminished in
any degree had
the government's information been made public in the summer of 2001?
20. Finding: Located in Part Four Entitled "Finding,
Discussion and Narrative
Regarding Certain Sensitive National Security Matters."
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