Académique Documents
Professionnel Documents
Culture Documents
As of February 3, 2004
TEAM 6 WORKPLAN
Based on current deadline of the 9-11 Commission and late March one-day hearing
February
March
• Draft monograph
• Duties as assigned
2. How were the problems of the FBI's counterterrorism program understood prior
to 9/11 and what steps were taken to correct those problems? (Mike)
3. What does the Moussaoui story reveal about the FBI prior to 9/11? (Chris)
/ 4. What does the Hamzi-Midhar story reveal about CT prior to 9/11 ? (h-3, U aft /
L-- *~i • °*—
5. What has been the role of the analyst at the FBI (including analysts both in the
field and at headquarters, as well as analysts in the criminal and national security
programs)? (Caroline)
6. What were the problems in the FBI's analytic program prior to 9/11? Will those
obstacles be overcome by the FBI's current efforts? (Caroline)
7. What were the problems in the FBI's information technology systems prior to
9/11? Will those problems be remedied by the FBI's current efforts? (Caroline)
/ 8. What were the legal regimes under which the FBI operated prior to 9/11? What is
/ . the legal regime today? What impact have these legal regimes had on the FBI's
N counterterrorism effort? (Lance)
'oes the Patriot Act go too far in impinging on the civil liberties of U.S. persons?
(Lance)
10. What options do or could exist for providing due process to detainees and enemy
combatants within US and international organizations?-{TBD)- —-,
11. How does the FBI cooperate (or not) with state and local law enforcement
agencies? With other federal agencies? With foreign law enforcement and
intelligence agencies? (Peter)
12. Have the non-legal obstacles within the FBI to effective collection efforts been
identified and appropriate remedies put in place? (Peter)
13. What are the appropriate "lanes in the road" for TTIC, FBI's CTD, CIA's CTC,
and DHS's IA/IP? (Peter, Chris, Team 2)
14. What models for domestic intelligence and terrorism prevention (including
Director Mueller's reform proposals) have been recommended to the Commission
and what are the strengths and weaknesses of each model? (Chris)
FOR OFFICIAL USE ONLY
COMMISSION SENSITIVE
TEAM #6 WORKPLAN
Premise Statement
Team #6
Premise Statement
The September 11 terrorist attacks were carried out by 19 hijackers, who lived
openly and freely in the United States for varying periods of time prior to the attacks.
The six leaders of the plot spent considerable time training in the United States for the
attacks, traveling throughout the country during this time. The U.S. Intelligence
Community generally, and the FBI more specifically, were aware prior to attacks that
three of these individuals had ties to al-Qa'ida. Although the plot was primarily financed
and orchestrated from overseas, the hijackers also had contact with and received
assistance from a number of individuals in the United States. Some of the hijackers'
associates were known to the FBI prior to September 11 through its counterintelligence
and counterterrorism investigations. The FBI also had other indications of a possible
attack in the summer of 2001, including the Moussaoui investigation, the Phoenix EC,
and the U.S. Intelligence Community's heightened state of alert.
Based on previous reviews, it is now clear that the FBI did not respond
aggressively and appropriately to all of the available intelligence, and failed in many
respects to "connect the dots" prior to the attacks. Less closely studied is the extent to
which the FBI's inability to detect the hijackers' activities and associations while in the
United States represented a systemic intelligence failure. Was the hijackers' ability to
avoid detection by the FBI while in the United States an indication of excellent
operational tradecraft by the hijackers, or does it represent a failure on the part of the
FBI? If the former, can changes be made to detect this type of tradecraft in the future? If
the latter, what accounts for these failures?
Finally, we will review the current state of the U.S. Government's domestic
intelligence efforts, to assess whether they are adequate to remedy the pre-September 11
systemic problems identified through the course of our investigation. If not, we will
make recommendations to address these problems.
Team #6
Item 1: Key Questions
1. What relevant information did the FBI have prior to the September 11 attacks?
• What information was available to U.S. Intelligence and law enforcement entities
prior to September 11 regarding the 19 hijackers and their associates? When was
this information known and by whom, and how was this information shared and
utilized prior to the attacks?
• Did the FBI have all of the information about the 19 hijackers available to other
U.S. Intelligence and law enforcement agencies, and their foreign intelligence and
law enforcement partners?
2. What was the FBI's approach to combating international terrorist activity in the
United States prior to September 11?
• How did the FBI collect, process, analyze and disseminate intelligence
information about foreign terrorist activity in the United States prior to September
11, and why did the FBI adopt this approach? What were the strengths and
weaknesses of the FBI's approach to information collection?
• How effectively did the FBI collaborate, coordinate, and share information with
foreign law enforcement and intelligence partners, local and state law
enforcement authorities, and other federal agencies prior to the attacks?
• How effective was the FBI's leadership and management in directing its
counterterrorism program prior to September 11?
• What role did the White House, Congress, the Director of Central Intelligence,
and the various Justice Department components play in the FBI's
counterterrorism program, from a policy, budgetary, and investigative standpoint,
prior to the September 11 attacks?
• To what extent did legal authorities and the resultant sensitivities regarding civil
liberties impact on the FBI's counterterrorism mission?
3. To what extent was the FBI's inability to prevent the September 11 attacks an
intelligence failure, and was the FBI's approach to combating terrorism a critical
factor in the overall failure to prevent the attacks?
• In what ways did the FBI fail to adequately collect, process, analyze and
disseminate information relevant to the September 11 attacks, and what accounts
for any failures in this regard?
• In what ways did the FBI fail to adequately collaborate, coordinate, and share
information relevant to the September 11 attacks with foreign law enforcement
and intelligence partners, local and state law enforcement authorities, and other
federal agencies prior to the attacks, and what accounts for any failures in this
regard?
• What particularly glaring or significant failures stand out in terms of the FBI's
inability to prevent the September 11 attacks, and what accounts for these
failures?
• Are the FBI's traditional law enforcement mission and resulting organizational
structures and cultures incompatible with a successful counterterrorism program?
• Does the current system provide for the adequate collection, processing,
analysis, and dissemination of counterterrorism-related intelligence, and if not,
what are the primary barriers to success?
• What are the pros and cons, including transition costs and feasibility, of
establishing a separate agency to handle counterintelligence and foreign
intelligence collection within the United States?
• What can we learn from other countries' approaches to and experiences with
domestic intelligence issues?
• What additional legal and policy changes, if any, are necessary and appropriate
for the U.S. Government to establish a successful domestic intelligence
capability?
Team #6
Item 2: Suggested Readings and Briefing Plan
A. Reading List
1. Relevant portions of the Joint Inquiry Classified Final Report, including Senator
Shelby's Additional Views [Why it is relevant: The Joint Inquiry has already
performed considerable investigation on the performance of the FBI relating to
the September 11 attacks. In determining the scope and focus of our
investigation, the Commission should be aware of what the Joint Inquiry found
and concluded. Senator Shelby's additional views contain important and relevant
conclusions about the systemic problems with the FBI prior to the attacks.]
2. Joint Inquiry Unclassified Staff Statements, dated: September 24, 2002 (as
supplemented on October 17, 2002) and October 8, 2002. [Why it is relevant:
these statements cover a number of topics relevant to our investigation including:
the Phoenix Electronic Communication, the Moussaoui investigation, the
information regarding aircraft as weapons, and the U.S. Intelligence Community's
handling of the information regarding the hijackers prior to the attacks.]
3. Selected portions of the October 2002 Markle Foundation Task Force report on
National Security in the Information Age. [Why it is relevant: contains important
policy recommendations for the U.S. Government relating to the impact of
information and information technology on national security.]
4. Senator John Edwards's February 2003 one page fact sheet on the proposed
creation of a Homeland Intelligence Agency. [Why it is relevant: the fact sheet
contains some of the arguments in favor of the creation of a new domestic
intelligence agency.]
5. Jeff Smith's June 18, 2002 Washington Post Op-Ed, entitled "Haste and the
Homeland Plan," on homeland security and domestic intelligence. [Why it is
relevant: the op-ed briefly describes the problems with the current system, and his
proposals to remedy these problems.]
7. The Cell, by John Miller [Why it is relevant: the author provides a detailed
explanation of why he believes the FBI and CIA failed to prevent the September
11 attacks. He traces the origins of al-Qa'ida in the United States, beginning in
the early 1990s, and how the U.S. Government failed to adequately respond to
this growing threat.]
B. Recommended Briefers
Team #6
Item 3: Document Requests
11. Any policy statements, directives, or guidance from the Attorney General,
Deputy Attorney General, or Assistant Attorney General of the Criminal Division
to the FBI or to U.S. Attorneys' Offices on Counterterrorism matters from 1998-
Present, not relating to individual investigations.
15. Copy of annual report on the FBI's National Foreign Intelligence Program
budget, produced by the Director of Central Intelligence's Community
Management Staff, FY1995-FY2004.
Team #6:
Item 4: Interview Candidates
*List of possible interviews at FBI field office in the areas where the hijackers
lived and operated relating to: (1) the hijackers' activities and associations in the
United States; (2) the way that these field offices collected, processed, analyzed,
and disseminated information about potential terrorist activity prior to 9/11,
(3) the offices' focus on counterterrorism and al-Qa'ida prior to the attacks:
\I
• FBI Executives:
Director Bob Mueller, Executive Assistant Director Pat D' Amuro, Larry
. Medford, Chuck Frahm.
• . Office of Intelligence:
IMaureen Bagmski.
John Podesta, Jim Steinberg, Jamie Baker, Mary DeRosa, Dan Benjamin,
Dick Clarke
Barbara Grewe
Michael Jacobson
Peter Rundlet
Lance Cole
COMMISSION SENSITIVE
Premise Statement
The September 11th terrorist attacks were carried out by 19 hijackers, who lived
openly and freely in the United States for varying periods of time prior to the attacks.
The leaders of the plot spent considerable time training in the United States for the
attacks, traveling throughout the country during this time. The U.S. Intelligence
Communityjaad the FBI more specifically, was aware that three of these individuals had
ties ta-ar^Qa'ida.^rior the attacks. Though the plot was primarily financed and
orchestfaTMTrorn overseas, the hijackers also had contact with and received assistance
from a number of individuals in the United States. Some of these individuals were
known to the FBI prior to September 11th through its counterintelligence and
counterterrorism investigations. The FBI also had other warnings of a possible attack in
the summer of 2001, including the Moussaoui investigation, the Phoenix EC, and the
U.S. Intelligence Community's heightened state of alert.
It is now clear that therejwere -intelligence failures by the FBI, which has the
primary authority over domestic intelligence, as well as by other U.S. Intelligence
Community agencies. IrHigTiruFtrlisT our team seeks to answer the following broad
questions:
• What accounts for the intelligence failures related to the attacks, and in particular
those of the FBI?
• What reforms has the U.S. Government undertaken to address these failures, and
how effective have these reforms been?
• What additional changes need to be made for the U.S. Government to have an
effective domestic intelligence/counterterrorism capability? ^c i/Vr'*
In evaluating why the intelligence failures occurred, our team will focus its efforts on the
following three possible broad explanations:
The existence of barriers internal to the FBI that prevented it from having an effective
counterterrorism program and effectively fulfilling its domestic intelligence function.
The existence of external barriers to the FBI that prevented it from having an effective
counterterrorism program and effectively fulfilling its domestic intelligence function.
The lack of adequate coordination within the FBI, between the FBI and other U.S.
Government agencies, state and local law enforcement, and foreign intelligence and law
enforcement counterparts.
COMMISSION SENSITIVE
/
COMMISSION SENSITIVE
• What internal barriers acaount-for the FBI's failure to detect the hijackers and the
ultimate plot?
• Was the FBI's traditional law enforcement mission incompatible with successful
intelligence collection and analysis?
• Was there a failure in the FBI's leadership and management on counterterrorism
issues?
• Was the FBI's institutional culture a barrier to having a successful national
counterterrorism program? .-
• Why did the FBI fail to adequately address the widely reported technology
problems prior to the attacks?
• Why did the FBI fail to adequately address the widely reported analytic problems
prior to the attacks?
• Why was significant counterterrorism information not always adequately shared
within the FBI?
What barriers external to the FBI contributed to the September 11th intelligence
failures prior to September 11th and prevented it from having an effective
counterterrorism program?
• To what extent did the legal authorities hamper the FBI's ability to have an
effective counterterrorism/domestic intelligence capability?
• To what extent did Congressional and public sensitivities regarding civil liberties
hamper zealous counterterrorism investigation? ^
• Was there a failure in leadership by Congress, the White House, the Director of
Central Intelligence, and the Justice Department in guiding the FBI on
counterterrorism issues?
Was there adequate coordination and information sharing between the FBI and
other U.S. Government agencies, state and local law enforcement, and its foreign
intelligence and law enforcement counterparts?
• Did the FBI and other U.S. Intelligence Community and law enforcement
agencies adequately coordinate, collaborate and share information on
counterterrorism matters, and what accounts for any failures in this regard?
• Did the FBI and its foreign intelligence and law enforcement counterparts
adequately coordinate, collaborate and share information on counterterrorism
matters, and what accounts for any failures in this regard?
COMMISSION SENSITIVE
COMMISSION SENSITIVE
• Did the FBI and state and local law enforcement entities adequately coordinate,
collaborate and share information on counterterrorism matters, and what accounts
for any failures in this regard?
What reforms has the U.S. Government undertaken to address these failures? How
effective have these reforms and what additional changes need to be made for the
U.S. Government to have an effective domestic intelligence/counterterrorism
capability?
• What internal reforms has the FBI made to address the intelligence failures
identified as a result of the September 11th attacks, and how effective have these
reforms bgen? What obstacles remain to the successful implementation ot these *
reforms?
• If the Administration's various planned reforms are implemented, will the U.S.
Government have an adequate and effective domestic intelligence
counterterrorism capability, and if not, what additional changes are needed?
• Should the U.S. Government make wholesale structural changes to the way that~^s
counterintelligence and foreign intelligence information collection within the
United States is managed, disseminated, analyzed and exploited?
• What are the pros and cons, including transition costs and feasibility, of
establishing a separate agency to handle counterintelligence and foreign
intelligence collection within the United States? What can we learn from other
countries' approaches to domestic intelligence issues?
• What legal reforms, including changes in the law and Executive Branch policy
guidance, have been adopted since the September 11th attacks, and how successful 3,
have these changes^been? What additional legal and policy changes are necessary
for the U.S. Government to establish a successful domestic intelligence
capability? ^^^^^
What are the tradeoffs urclyirfibertie^jf any^ of these legislative ^ad-structural
reforms? Are these trade&ffs acceptable?
COMMISSION SENSITIVE
COMMISSION SENSITIVE
1. Relevant portions of the Joint Inquiry Classified Final Report, including Senator
Shelby's Additional Views.
2. Joint Inquiry Unclassified Staff Statements, dated: September 24, 2002 (as
supplemented on October 17, 2002) and October 8, 2002.
3. Selected portions of the October 2002 Markle Foundation Task Force report on
National Security in the Information Age.
4. Selected portions of the January 2001 report by the United States Commission on
National Security/21st Century, entitled "Road Map for National Security:
Imperative for Change." (Hart-Rudman Commission).
5. Selected portions of the December 2002 report by the Advisory Panel to Assess
Domestic Response Capabilities for Terrorism Involving Weapons of Mass
Destruction (Gilmore Commission).
6. Senator John Edwards' February 2003 fact sheet on the proposed creation of a
Homeland Intelligence Agency.
7. Jeff Smith's June 18, 2002 Washington Post Op-Ed, entitled "Haste and the
Homeland Plan," on homeland security and domestic intelligence.
B. Recommended Briefers
710
COMMISSION SENSITIVE
COMMISSION SENSITIVE
11. Written communications from the National Security Council to the FBI or the
Department of Justice containing counterterrorism strategy, policy and guidance, s /„ , , , - , .
' / . ) 1998-Present V^'
12. Written communications from the FBI to the National Security Council on V ^ \ jti*
international terrorism matters, 1998-Present ^ n^'
13. Any documents relating to domestic intelligence issues created by the Clinton
fl"i
Administration for the Bush-Cheney Transition Team.
COMMISSION SENSITIVE
COMMISSION SENSITIVE -7
15. Any policy statements, directives, or guidance from the Attorney General,
Deputy Attorney General, or Assistant Attorney General of the Criminal Division
to the FBI on Counterterrorism matters from 1998-Present, not relating to r^n^/ i <-,-•-
individual investigations. \~ 0^^
17. Copy of the pre-September 11th and most up to date Attorney General
Guidelines for Foreign Intelligence and Counterintelligence Investigations.
19. Copy of annual report on the FBI's National Foreign Intelligence Program
budget, produced by the Director of Central Intelligence's Community
Management Staff, FY1995-FY2004.
COMMISSION SENSITIVE
COMMISSION SENSITIVE
*List of possible interviews at selected FBI field offices in the areas where the
hijackers lived and operated related to their knowledge and focus on
counterterrorism and al-Qa'ida prior to the attacks:
COMMISSION SENSITIVE
9/11 Law E n f o r c e m e n t Privacy ,/9/H Closed by S t a t u t e
\N SENSITIVE
FRJ ncrxnnnel'X
Dale Watson, Louis Freeh, Tom Pickard.
, Office of Intelligence:
COMMISSION SENSITIVE
9/11 Closed by S t a t u t e
COMMISSION SENSITIVE
COMMISSION SENSITIVE
COMMISSION SENSITIVE
9/11 C l a s s i f i e d
Information
COMMISSION SENSITIVE 10
COMMISSION SENSITIVE
Premise Statement
The September 111 terrorist attacks were carried out by 19 hijackers, who lived
openly and freely in the United States for varying periods of time prior to the attacks.
The six leaders of the plot spent considerable time training in the United States for the
attacks, traveling throughout the country during this time. The U.S. Intelligence
Community, and the FBI more specifically, was aware that three of these individuals had
ties to al-Qa'ida prior the attacks. Though the plot was primarily financed and
orchestrated from overseas, the hijackers also had contact with and received assistance
from a number of individuals in the United States. Some of the hijackers' associates
were known to the FBI prior to September 11th through its counterintelligence and
counterterrorism investigations. The FBI also had other indications of a possible attack
in the summer of 2001, including the Moussaoui investigation, the Phoenix EC, and the
U.S. Intelligence Community's heightened state of alert.
Based on previous reviews, it is now clear that the FBI did not respond
aggressively and appropriately to all of the available intelligence, and failed in many
respects to "connect the dots" prior to the attacks. Less closely studied is the extent to
which the FBI's inability to detect the hijackers' activities and associations while in the
United States represented a systemic intelligence failure. Was the hijackers' ability to
stay below the FBI's radar while in the United States an indication of excellent
operational tradecraft by the hijackers, or does it represent a failure on the part of the FBI,
and if so, what accounts for these failures?
Finally, we will review the current state of the U.S. Government's domestic
intelligence efforts, to assess whether they do or will remedy the pre-September 11th
systemic problems identified through the course of our investigation.
COMMISSION SENSITIVE
COMMISSION SENSITIVE
• How did the FBI collect intelligence information about foreign terrorist activity in
the United States prior to September 11th, and why did the FBI adopt this
approach? What were the strengths and weaknesses of the FBI's approach to
information collection?
• How did the FBI process intelligence information it received about foreign
terrorist activity in the United States, and why did the FBI adopt this approach?
What were the strengths and weaknesses of the FBI's approach to information
processing?
• How did the FBI analyze intelligence information about foreign terrorist activity
in the United States, and why did the FBI adopt this approach? What were the
strengths and weaknesses of the FBI's approach to information analysis?
• How did the FBI disseminate intelligence information about foreign terrorist
activity in the United States, and why did the FBI adopt this approach? What
were the strengths and weaknesses of the FBI's approach to information
dissemination?
• How effectively did the FBI collaborate, coordinate, and share information with
foreign law enforcement and intelligence partners, local and state law
enforcement authorities, and other federal agencies prior to the attacks?
• How effective was the FBI's leadership and management in directing its
counterterrorism program prior to September 11th?
• What role did the White House, Congress, the Director of Central Intelligence,
and the various Justice Department components play in the FBI's
counterterrorism program, from a policy, budgetary, and investigative standpoint,
prior to the September 11th attacks?
Why was the FBI unable to detect and prevent the September 11th attacks?
• In what ways did the FBI fail to adequately collect information relevant to the
September 11th attacks, and what accounts for any failures in this regard?
• hi what ways did the FBI fail to adequately process information relevant to the
September 11th attacks' and what accounts for any failures in this regard?
COMMISSION SENSITIVE
COMMISSION SENSITIVE
• In what ways did the FBI fail to adequately disseminate information relevant to
the September 11th attacks and what accounts for any failures in this regard?
• In what ways did the FBI fail to adequately analyze information relevant to the
September 11th attacks' and what accounts for any failures in this regard?
• In what ways did the FBI fail to adequately collaborate, coordinate, and share
information relevant to the September 11th attacks with foreign law enforcement
and intelligence partners, local and state law enforcement authorities, and other
federal agencies prior to the attacks, and what accounts for any failures in this
regard?
What particularly glaring or significant failures stand out in terms of the FBI's
inability 1to prevent the September 11th attacks, and what accounts for these
failures?
• Does the current system provide for the adequate collection, processing,
analysis, and dissemination of counterterrorism-related intelligence, and if not,
what are the primary barriers to success?
• What are the pros and cons, including transition costs and feasibility, of
establishing a separate agency to handle counterintelligence and foreign
intelligence collection within the United States?
• What can we learn from other countries' approaches to and experiences with
domestic intelligence issues?
• What additional legal and policy changes, if any, are necessary and appropriate
for the U.S. Government to establish a successful domestic intelligence
capability?
COMMISSION SENSITIVE
COMMISSION SENSITIVE
1. Relevant portions of the Joint Inquiry Classified Final Report, including Senator
Shelby's Additional Views.
2. Joint Inquiry Unclassified Staff Statements, dated: September 24, 2002 (as
supplemented on October 17, 2002) and October 8, 2002.
3. Selected portions of the October 2002 Markle Foundation Task Force report on
National Security in the Information Age.
4. Selected portions of the January 2001 report by the United States Commission on
National Security/21st Century, entitled "Road Map for National Security:
Imperative for Change" (Hart-Rudman Commission).
5. Selected portions of the December 2002 report by the Advisory Panel to Assess
Domestic Response Capabilities for Terrorism Involving Weapons of Mass
Destruction (Gilmore Commission).
6. Senator John Edwards's February 2003 fact sheet on the proposed creation of a
Homeland Intelligence Agency.
7. Jeff Smith's June 18, 2002 Washington Post Op-Ed, entitled "Haste and the
Homeland Plan," on homeland security and domestic intelligence.
COMMISSION SENSITIVE
COMMISSION SENSITIVE
B. Recommended Briefers
COMMISSION SENSITIVE
COMMISSION SENSITIVE
12. Any policy statements, directives, or guidance from the Attorney General,
Deputy Attorney General, or Assistant Attorney General of the Criminal Division
to the FBI or to U.S. Attorneys' Offices on Counterterrorism matters from 1998-
Present, not relating to individual investigations.
COMMISSION SENSITIVE
COMMISSION SENSITIVE
14. Copy of the pre-September 11th and most up to date Attorney General
Guidelines for Foreign Intelligence and Counterintelligence Investigations.
16. Copy of annual report on the FBI's National Foreign Intelligence Program
budget, produced by the Director of Central Intelligence's Community
Management Staff, FY1995-FY2004.
COMMISSION SENSITIVE
COMMISSION SENSITIVE
*List of possible interviews at FBI field office in the areas where the hijackers
lived and operated relating to: (1) the hijackers activities and associations in the
United States; (2) the way that these field offices collected, processed, analyzed,
and disseminated information about potential terrorist activity prior to 9/11,
(3) the offices' focus on counterterrorism and al-Qa'ida prior to the attacks:
COMMISSION SENSITIVE
,9/11 Law E n f o r c e m e n t Privacy
| \COlViMISSION SENSITIVE
FBI /
• F&I Executives:
Director Bob Mueller, Executive Assistant Director Pat D'Amuro, Larry
.Medford, Chuck Frahm.
9 Office of Intelligence:
L I, Maureen Baginski.
COMMISSION SENSITIVE
9/11 Closed by Statute
COMMISSION SENSITIVE
Other U.S. Government Agencies \ Terrorist Threat Integration Center (in conjunction with
• Central Intelligence Agency: \e Tenet, Assistant Director of Central Intelligence for Homela
Security Winston ^
COMMISSION SENSITIVE 10
9/11 Closed by Statute
COMMISSION SENSITIVE
9/11 Classified
Information
COMMISSION SENSITIVE 11
Team 6: Law Enforcement and Intelligence
Collection Inside the United States
Barbara Grewe
Peter Rundlet
Michael Jacobson
Lance Cole
COMMISSION SENSITIVE
Premise Statement
The September 11 terrorist attacks were carried out by 19 hijackers, who lived
openly and freely in the United States for varying periods of time prior to the attacks.
The six leaders of the plot spent considerable time training in the United States for the
attacks, traveling throughout the country during this time. The U.S. Intelligence
Community generally, and the FBI more specifically, were aware prior to attacks that
three of these individuals had ties to al-Qa'ida. Although the plot was primarily financed
and orchestrated from overseas, the hijackers also had contact with and received
assistance from a number of individuals in the United States. Some of the hijackers'
associates were known to the FBI prior to September 11 through its counterintelligence
and counterterrorism investigations. The FBI also had other indications of a possible
attack in the summer of 2001, including the Moussaoui investigation, the Phoenix EC,
and the U.S. Intelligence Community's heightened state of alert.
Based on previous reviews, it is now clear that the FBI did not respond
aggressively and appropriately to all of the available intelligence, and failed in many
respects to "connect the dots" prior to the attacks. Less closely studied is the extent to
which the FBI's inability to detect the hijackers' activities and associations while in the
United States represented a systemic intelligence failure. Was the hijackers' ability to
avoid detection by the FBI while in the United States an indication of excellent
operational tradecraft by the hijackers, or does it represent a failure on the part of the
FBI? If the former, can changes be made to detect this type of tradecraft in the future? If
the latter, what accounts for these failures?
Finally, we will review the current state of the U.S. Government's domestic
intelligence efforts, to assess whether they are adequate to remedy the pre-September 11
systemic problems identified through the course of our investigation. If not, we will
make recommendations to address these problems.
COMMISSION SENSITIVE
COMMISSION SENSITIVE
What relevant information did the FBI have prior to the September 11 attacks?
• What information was available to U.S. Intelligence and law enforcement entities
prior to September 11 regarding the 19 hijackers and their associates? When was
this information known and by whom, and how was this information shared and
utilized prior to the attacks?
• Did the FBI have all of the information about the 19 hijackers available to other
U.S. Intelligence and law enforcement agencies, and their foreign intelligence and
law enforcement partners?
What was the FBI's approach to combating international terrorist activity in the
United States prior to September 11?
• How did the FBI collect, process, analyze and disseminate intelligence
information about foreign terrorist activity in the United States prior to September
11, and why did the FBI adopt this approach? What were the strengths and
weaknesses of the FBI's approach to information collection?
• How effectively did the FBI collaborate, coordinate, and share information with
foreign law enforcement and intelligence partners, local and state law
enforcement authorities, and other federal agencies prior to the attacks?
• How effective was the FBI's leadership and management in directing its
counterterrorism program prior to September 11 ?
• What role did the White House, Congress, the Director of Central Intelligence,
and the various Justice Department components play in the FBI's
counterterrorism program, from a policy, budgetary, and investigative standpoint,
prior to the September 11 attacks?
• To what extent did legal authorities and the resultant sensitivities regarding civil
liberties impact on the FBI's counterterrorism mission?
To what extent was the FBI's inability to prevent the September 11 attacks an
intelligence failure, and was the FBI's approach to combating terrorism a critical
factor in the overall failure to prevent the attacks?
• In what ways did the FBI fail to adequately collect, process, analyze and
disseminate information relevant to the September 11 attacks, and what accounts
for any failures in this regard?
• In what ways did the FBI fail to adequately collaborate, coordinate, and share
information relevant to the September 11 attacks with foreign law enforcement
COMMISSION SENSITIVE
COMMISSION SENSITIVE
and intelligence partners, local and state law enforcement authorities, and other
federal agencies prior to the attacks, and what accounts for any failures in this
regard?
• What particularly glaring or significant failures stand out in terms of the FBI's
inability to prevent the September 11 attacks, and what accounts for these
failures?
• Are the FBI's traditional law enforcement mission and resulting organizational
structures and cultures incompatible with a successful counterterrorism program?
• Does the current system provide for the adequate collection, processing,
analysis, and dissemination of counterterrorism-related intelligence, and if not,
what are the primary barriers to success?
• What are the pros and cons, including transition costs and feasibility, of
establishing a separate agency to handle counterintelligence and foreign
intelligence collection within the United States?
• What can we learn from other countries' approaches to and experiences with
domestic intelligence issues?
• What additional legal and policy changes, if any, are necessary and appropriate
for the U.S. Government to establish a successful domestic intelligence
capability?
COMMISSION SENSITIVE
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A. Reading List
1. Relevant portions of the Joint Inquiry Classified Final Report, including Senator
Shelby's Additional Views [Why it is relevant: The Joint Inquiry has already
performed considerable investigation on the performance of the FBI relating to
the September 11 attacks. In determining the scope and focus of our
investigation, the Commission should be aware of what the Joint Inquiry found
and concluded. Senator Shelby's additional views contain important and relevant
conclusions about the systemic problems with the FBI prior to the attacks.]
2. Joint Inquiry Unclassified Staff Statements, dated: September 24, 2002 (as
supplemented on October 17, 2002) and October 8, 2002. [Why it is relevant:
these statements cover a number of topics relevant to our investigation including:
the Phoenix Electronic Communication, the Moussaoui investigation, the
information regarding aircraft as weapons, and the U.S. Intelligence Community's
handling of the information regarding the hijackers prior to the attacks.]
3. Selected portions of the October 2002 Markle Foundation Task Force report on
National Security in the Information Age. [Why it is relevant: contains important
policy recommendations for the U.S. Government relating to the impact of
information and information technology on national security.]
4. Senator John Edwards's February 2003 one page fact sheet on the proposed
creation of a Homeland Intelligence Agency. [Why it is relevant: the fact sheet
contains some of the arguments in favor of the creation of a new domestic
intelligence agency.]
5. Jeff Smith's June 18, 2002 Washington Post Op-Ed, entitled "Haste and the
Homeland Plan," on homeland security and domestic intelligence. [Why it is
relevant: the op-ed briefly describes the problems with the current system, and his
proposals to remedy these problems.]
7. The Cell, by John Miller [Why it is relevant: the author provides a detailed
explanation of why he believes the FBI and CIA failed to prevent the September
11 attacks. He traces the origins of al-Qa'ida in the United States, beginning in
the early 1990s, and how the U.S. Government failed to adequately respond to
this growing threat.]
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B. Recommended Briefers
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11. Any policy statements, directives, or guidance from the Attorney General,
Deputy Attorney General, or Assistant Attorney General of the Criminal Division
to the FBI or to U.S. Attorneys' Offices on Counterterrorism matters from 1998-
Present, not relating to individual investigations.
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15. Copy of annual report on the FBI's National Foreign Intelligence Program
budget, produced by the Director of Central Intelligence's Community
Management Staff, FY1995-FY2004.
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*List of possible interviews at FBI field office in the areas where the hijackers
lived and operated relating to: (1) the hijackers' activities and associations in the
United States; (2) the way that these field offices collected, processed, analyzed,
and disseminated information about potential terrorist activity prior to 9/11,
(3) the offices' focus on counterterrorism and al-Qa'ida prior to the attacks:
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9/11 Law E n f o r c e m e n t Privacy
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""'•-•-... 19/11 Closed by S t a t u t e
*List of possible interviews related to White House leadership in setting FBI
'qounterterrorism priorities, policy, and in. directing FBI investigative activity prior
to September 11 (in conjunction with team #3):..
< \I
\ Executives:
, Director Bob Mueller, Executive Assistant Director Pat D'Amuro, Larry
Medford, Chuck Frahm.
cp nf Intelligence'
JMaureen Bagmski.
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9/11 Closed by S t a t u t e
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Security Winston W i l e y ] I
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9/11 Closed by S t a t u t e
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