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Senate Report on Pre-9/11 Failures Tells of Bungling at F.B.I.
New York Times ^ | 8/27/02 | PHILIP SHENON

Posted on 08/27/2002 7:57:44 PM PDT by kattracks


WASHINGTON, Aug. 27 — A new Senate report on intelligence failures before Sept. 11 has concluded that ignorance and ineptitude of F.B.I. supervisors and lawyers in Washington blocked field agents around the country from pursuing evidence that might have helped provide the bureau with what one of the authors of the report called a "veritable blueprint for 9/11."

The report by the Senate Judiciary Committee, which is expected to be made public next month and is the result of an investigation that began shortly after the terrorist attacks, focuses on the mishandling of the case against Zacarias Moussaoui, the only person charged with involvement in the Sept. 11 attacks.

The report suggests that while the Moussaoui case was particularly egregious, it may be indicative of the bureau's bungling of other sensitive counterterrorism cases before Sept. 11. A draft copy of the report was provided today to The New York Times by Congressional officials on condition that they not be identified.

In the Moussaoui case, the report found, F.B.I. counterterrorism specialists and the bureau's lawyers were so ignorant of federal surveillance laws that they did not understand that they had ample evidence to press for a warrant to search the belongings of Mr. Moussaoui, a French national who was arrested weeks before the attacks after arousing the suspicion of instructors at a Minnesota flight school.

Instead, the report found, the F.B.I. supervisors and lawyers aggressively blocked the search warrant sought by desperate field agents in Minnesota who believed last August that they might have a terrorist on their hands who might use a commercial airplane as a weapon.

The Minnesota agents had sought the warrant under the 1978 Foreign Intelligence Surveillance Act, or FISA, which sets a relatively low standard for the evidence required for searches of suspected spies or terrorists; standard criminal warrants require a much higher standard of evidence.

Officials said a search of Mr. Moussaoui's computer and other belongings after Sept. 11 turned up information on commercial airplanes, crop-dusting and a telephone number in Germany for a suspected member of the Qaeda terrorist network.

That evidence, coupled with other information in the hands of the same F.B.I. counterterrorism supervisors last summer, would have provided a "veritable blueprint for 9/11," said Senator Arlen Specter, Republican of Pennsylvania, who is a member of the Judiciary Committee and an author of the report.

The other information, Mr. Specter said, included a report sent to Washington by a field agent in Phoenix who had warned of a threat posed by an unusual number of young Arab men seeking flight training in the United States, as well as intelligence reports about terrorist meetings in Malaysia that involved some of the Sept. 11 hijackers.

He said the decision by F.B.I. supervisors in Washington to rebuff the Minneapolis agents, and the supervisors' ignorance of the standards of evidence required for a search warrant, were "inexplicable."

F.B.I. spokesmen said the bureau had not seen the Senate report and would have no immediate comment on it. But other law enforcement officials said the F.B.I. supervisors singled out for blame in the report believed that they acted properly last summer and had tried to work with the Minneapolis agents to secure enough evidence to seek a warrant to search Mr. Moussaoui's belongings before Sept. 11.

"Factually, they couldn't link him to a recognized terrorist group, or to any terrorist group," a senior law enforcement official said. "They felt they didn't have the evidence."

The essential elements of the Moussaoui debacle have been known since last spring, when an F.B.I. whistleblower from the bureau's Minneapolis office came forward to complain that Washington supervisors had mishandled the case, and that they might be trying to cover up their mistakes.

The Judiciary Committee's draft report found F.B.I. supervisors in Washington had set "too high a standard" for evidence for counterintelligence search warrants in Mr. Moussaoui's case and others.

The bureau officials, the report said, "impose a higher standard on themselves than that required by the Constitution before seeking to obtain a warrant," with the result that important searches of terrorism suspects are not carried out.

In Mr. Moussaoui's case, the report said, bureau supervisors rejected the search warrant request "despite their strong suspicions with respect to Moussaoui." It added, "Without going into the actual evidence in the Moussaoui case, there was ample evidence to confirm these suspicions."

The Senate report, which is likely to bring further pressure on the F.B.I. director, Robert S. Mueller III, to shake up the bureau's counterterrorism unit and replace or discipline supervisors, does not identify by name the supervisors and lawyers who may have mishandled the Moussaoui case. But some are identified by their title, including supervisors in the bureau's Radical Fundamentalist Unit.

Senate officials involved in the preparation of the Judiciary Committee report said they were eager for its findings to become public in light of last week's disclosure that the nation's secret intelligence court had harshly criticized the F.B.I.'s performance under FISA, and that the court had accused the Justice Department of overreaching in its recent request for broad new powers under the surveillance law.

The court, the Foreign Intelligence Surveillance Court, which was established under the 1978 law, weighs F.B.I. applications for wiretaps and other searches of people suspected of espionage or of terrorism. In an unclassified ruling that it provided last week to the Judiciary Committee, and that the panel subsequently released, the court identified more than 75 cases during the Clinton administration in which the bureau had provided misleading applications.

The ruling also rejected a Bush administration request to tear down the "wall" that for years has prevented criminal investigators from being actively involved in counterintelligence wiretaps. The administration had cited the new authority it received under a sweeping counterterrorism law passed after Sept. 11.

The institutional wall was erected in the 1978 law to prevent prosecutors from using the lower evidentiary standards of the FISA act to eavesdrop on criminal suspects, possibly as an end-run around the Constitution's prohibition on unreasonable searches.

Mr. Specter said the department appeared to have misread the intent of Congress when it passed the antiterrorism bill. He suggested that the F.B.I. and the Justice Department already had ample investigative power under the surveillance law, and that they had failed to use it properly.



TOPICS: Foreign Affairs; News/Current Events
KEYWORDS:

1 posted on 08/27/2002 7:57:44 PM PDT by kattracks
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To: kattracks
This is not a surprise. Although the article focuses on the failings of the FBI under Bush, I assume that most of the agents in question were clintonoid holdovers.
2 posted on 08/27/2002 8:08:24 PM PDT by Cicero
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To: kattracks
Funny after Ruby Ridge, Waco, OKC and Richard Jewell, and the guy still running around SC, I thought they know how to handle terrorists.

Oh you mean there are others besides white native born americans that are terrorists.

3 posted on 08/27/2002 8:45:38 PM PDT by dts32041
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To: kattracks
And people wonder why the FBI is trying to pin down the Congressional leaks of classified info with lie detectors!!

The poor slobs have been almost totally emasculated by Clinton/Reno: no wonder they screwed up so much!

4 posted on 08/27/2002 8:47:45 PM PDT by SpinyNorman
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To: kattracks
He said the decision by F.B.I. supervisors in Washington to rebuff the Minneapolis agents, and the supervisors' ignorance of the standards of evidence required for a search warrant, were "inexplicable."

No, it's VERY explicable. It's called "klintonization". The FBI was reconfigured to watch "gun traffickers" and the "religious right", because klinton proclaimed those two groups to be the only real threat to the country.

The proof of klintonization is the agency's actions after these screwups were discovered. Lose the documents, persecute the whistleblowers, and promote the screwups. That was the klinton SOP, and it has spread through all levels and agencies of the government.

5 posted on 08/27/2002 8:55:24 PM PDT by 300winmag
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To: dts32041
Funny after Ruby Ridge, Waco, OKC and Richard Jewell, and the guy still running around SC, I thought they know how to handle terrorists.

The standards for action in those cases are quite lower than the standard applied to Moussaoui's case. This is a slam dunk, not a wishy washy snafu by some supervisor. There was a clear agenda that created this appalling double standard. That agenda was to stick it to "right wing radio" and ignore everything else. All in the name of politics. Excuse me while I go vomit.

6 posted on 08/27/2002 9:08:38 PM PDT by FranklinsTower
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To: kattracks
More @$$-covering by a thoroughly corrupt senate, I see...I'm supposed to believe that these "managers" deliberately squelch investigations without orders from above? I'm supposed to believe that these people are promoted into these positions without any knowledge of the law?

And so what if the FBI is a bumbling collection of diversity and affirmative action with no qualifications for their positions? Are they the ONLY game in town? Is there no NSA? No DIA? No CIA? Is there no Senate Intelligence Committee? No House Intelligence Committee?

So Mueller's a problem, huh? (I see they don't even remember Freeh...) Who confirmed him? So everything went to hell under Clinton's watch, huh? Well, who was supposed to performing the the oversight? Where was the branch of government that was supposed to act as a check and balance against a rogue president?

Let them file their report in the same place their ethics and brains are.....

7 posted on 08/27/2002 9:19:22 PM PDT by Lion's Cub
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To: kattracks
Mr. Specter said the department appeared to have misread the intent of Congress when it passed the antiterrorism bill. He suggested that the F.B.I. and the Justice Department already had ample investigative power under the surveillance law, and that they had failed to use it properly.

This article confirms that the Patriot Act was not necessary. The FBI has had the tools the whole time to do their job and complete their mission. The Patriot Act was a CYA move on the part of the Senators who should have been themselves more dilligent in their oversight responsibilities. Instead, the Senators are more concerned about coming up with better schemes to abscond with more tax dollars from the American people so they can fund more social programs and expand the powers of the state into every known facet of American life. The US Senate is a disgrace.

8 posted on 08/27/2002 9:48:50 PM PDT by citizenK
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To: FranklinsTower
But the real story is that the same senators who sit on this committee are the same senators who have had supposed oversight of the FBI & the Justice Dept. all along. These pretty boys (and handsome women) have had the opportunity to shape an effective dept. and bureau. Did they do it? No, that would make them responsible; it's far easier for them to sit on the sidelines and wai for an opportunity to prance and preen. Weeping Jesus on the cross, Specter's best work is the "magic bullet theory"!
The fact is that the FBI has been in trouble for a long time. It isn't anything that we just learned on September 11th. What has Congress done to try to aright that ship? Nothing!
Excuse me, if I think they've come a little late to the dance.
9 posted on 08/27/2002 10:27:15 PM PDT by thegreatbeast
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To: andy_card
ping (just be patient, 1998 Albanian Al Qaida connection will come up up on the radar screen shortly)
10 posted on 08/27/2002 11:40:27 PM PDT by DTA
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To: 300winmag
It's called "klintonization".

Only to a point. The corruption and coverup at the Boston FBI office long predates Clinton. It is an institutional problem made worse in the Clinton years.

11 posted on 08/28/2002 4:13:39 AM PDT by RJCogburn
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To: DTA
1998 Albanian Al Qaida connection will come up up on the radar screen shortly

Take your time, take your time. This "evidence" can wait.

12 posted on 08/28/2002 8:44:51 AM PDT by andy_card
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To: Gary Aldrich; ntrulock; andy_card; honway; glorygirl; lawdog; Uncle Bill; nunya bidness; ...
The Senate Intel Committee is dead wrong in the conclusion for their report. It was not FBI ignorance and ineptitutde, it was and still is FBI & DOJ foreknowledge, lying and connivance for the 9/11,1993 WTC and OKC attacks.

For the correct conclusions see this article on FR and the evidence presented in the entire thread:

"FBI and DOJ Connivance Permeates, Interconnects Terror Attacks "

8/15/2002

Link:

http://www.freerepublic.com/focus/news/733759/posts

13 posted on 08/28/2002 8:59:52 AM PDT by OKCSubmariner
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To: kattracks
Please see reply #13. Thanks.
14 posted on 08/28/2002 9:02:09 AM PDT by OKCSubmariner
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To: OKCSubmariner
-FBI and DOJ Connivance Permeates, Interconnects Terror Attacks--
15 posted on 08/28/2002 9:12:08 AM PDT by backhoe
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To: OKCSubmariner; Joe Montana; Uncle Bill
There was some blurb on TV where Klayman was representing
one of the recent FBI whistleblowers about this matter and Klayman made some mention of an alleged derogatory remark directed at him by Michael Chertoff, head of the DOJ Criminal Division,(in an effort to ridicule Klayman and his client)referring to Klayman as a conspiracy theorist.

If in fact Chertoff did make these remarks directed at Klayman, in light of recent events, Chertoff should be fired from the DOJ.

Ashcroft and Chertoff are no better suited for these jobs than Reno and her number 2 in command.
16 posted on 08/28/2002 9:17:55 AM PDT by Donald Stone
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