I.
Introduction
In the months leading up to September
11, 2001, the Intelligence Community (IC) received an increasing
number of warnings concerning the possibility of an upcoming terrorist
attack, however none of these warning contained any specific data
to pinpoint exactly when or where such an attack would occur. After
that fateful day, hindsight has afforded us a better look at some
specific instances that should have thrown up a “red flag”
to those tracking the terrorist threats. Unfortunately, there was
never enough of a coordinated effort within the IC to connect information
across agencies dealing with counterterrorism. This article will
scrutinize three specific events, the failure to watch list Khalid
al-Hazmi and Nawaf al-Mihdhar; the transmission of the Phoenix Memo;
and the apprehension of Zacarious Moussaoui, in order to examine
the failed lines of communication within the IC that led to many
missed opportunities.
Most of my information pertaining to
those three events comes from the Joint Inquiry Staff Statements
presented to the Joint Intelligence Committee of the US Congress
between the months of September and October 2002. In preparing this
article I had to familiarize myself with the “alphabet soup”
of acronyms that the Intelligence Community uses in its every day
speech. I have done my best to make this article as reader friendly
as possible, but it is important to understand that the first communication
problem that I encountered as I researched the IC was a language
barrier. Those not familiar with IC jargon can get lost in a sea
of acronyms that mean nothing to someone new to a department or
agency.
Finally, historical knowledge is an
important part of “connecting the dots” within the IC.
In many instances, if important information had been shared with
those people who had historical knowledge of related events, then
connections might have been made within the IC that could have sparked
further inquiry into suspects and events. This may have uncovered
more information on the September 11th plot. For this reason, I
have included a history of the Intelligence Community and the growth
of terrorism as a threat to US interests so that the reader can
better understand the context that the IC was working in previous
to 9/11.
Outline -
<<Click on outline for navigation>>
I.
Introduction
II. Conception and Organization of the Intelligence
Community
- Central
Intelligence Agency
- Federal
Bureau of Investigation
- National
Security Agency
III.
Terrorism as a Growing Threat
- Foreign
Intelligence Survillance Act
- Terror
in the Regan Era
- Terrorism
in a Post Cold War Era
IV.
Events Leading Up to September 11th
- Failure
to Watch list al-Hazmi and al-Mihdhar
- Phoenix
Memo, July 2001
- Apprehension
of Zacarious Moussaoui, August 2001
V.
Communication Breakdown that made it impossible to "connect
the dots."
- CIA
- FBI
- The Phoenix Memo
- Apprehension of
Zacarious Moussai
VI.
Reorganization of the Intelligence Community post September 11th
- Homeland
Security Act of 2002
VII. Recommendations
VIII. Conclusion
IX. References
Continued below...
II.
Conception and Organization of the Intelligence Community
Currently there are fourteen government
agencies and organizations that comprise the “Intelligence
Community” (IC). These agencies conduct intelligence activities,
in whole or in part, for the US government. This article will focus
on the Central Intelligence Agency (CIA) and the Federal Bureau
of Investigation, with some allusion to the National Security Agency
(NSA).
Central Intelligence
Agency
The CIA is the primary civilian intelligence-gathering
organization in the government. It received this distinction from
the National Security Act of 1947, which formally established the
agency and gave the Director of Central Intelligence a distinct
role within the agency and the government. The act afforded the
Agency five functions:
- to advise the National
Security Council in matters concerning such intelligence activities
of the government departments and agencies as relate to national
security;
- to make recommendations
to the National Security Council for the coordination of such
intelligence activities of the departments and agencies of the
government as relate to the national security;
- to correlate and evaluate
the intelligence relating to the national security, and to provide
for the appropriate dissemination of such intelligence within
the Government using, where appropriate, existing agencies and
facilities;
- to perform for the benefit
of the existing intelligence agencies such additional services
of common concern as the National Security Council determines
can be more effectively accomplished centrally; and
- to perform other such
functions and duties related to intelligence affecting the national
security as the National Security Council may from time to time
direct.
The CIA was created with no domestic authority so as not to infringe
upon the powers of the already established FBI. The mission of the
CIA is to support all those who make and execute national security
policy, including the President and the National Security Council
by:
- Providing accurate, evidence-based,
comprehensive, and timely foreign intelligence related to national
security; and
- Conducting counterintelligence
activities, special activities, and other functions related to
foreign intelligence and national security as directed by the
President.
The organizational structure of the CIA is a hierarchical pyramid
with six agencies and councils reporting directly to the Director
of Central Intelligence who, in turn, reports to the Inspector General.
The Director of Central Intelligence (DCI) is the sanctioned head
of the Intelligence Community. Executive Order 12333 instructs the
DCI to do many things, however, for this article I am most concerned
with his role in coordinating “foreign intelligence and counterintelligence
relationships between agencies of the intelligence community and
the intelligence or internal security services of foreign governments.”
Federal Bureau of Investigation
The FBI evolved from the idea of Attorney General Charles Bonaparte
(1906-1909) that there should be a federal investigative force designed
to fight corruption and crime. He began by borrowing a few special
agents from the secret service, however, soon laws were passed limiting
his use of the secret service. In 1908, Bonaparte, hiring former
secret service agents, appointed a force of special agents within
the Department of Justice. These men were to report to the Chief
Examiner, whose title would change a year later to Chief of the
Bureau of Investigation.
The mission of the FBI is,
“to uphold the law
through the investigation of violations of Federal criminal statutes,
to protect the United States from hostile intelligence efforts,
to provide assistance to other Federal state and local law enforcement
agencies, and to perform those responsibilities in a manner that
is faithful to the Constitution and laws of the United States.”
It does this with an intensely centralized, hierarchical structure
where the weight of the agency falls on the Director’s shoulders
and all paperwork flows through headquarters. This structure was
given a makeover in December 2001 in response to the 9/11 tragedy
and the cumbersome bureaucracy that is embedded within the formal
structure.
National Security Agency
As noted, the NSA does not play a large role in this article,
however, it is important to be aware of its role within the Intelligence
Community since I make several references to their involvement in
events that preceded September 11th. Part of the mission of the
NSA is to provide communications security for the government. In
this respect, it “creates, reviews and authorizes the communications
procedures and codes of a variety of government agencies including
the State Department, Department of Defense, CIA, and FBI.”
This communication link is an important part of an integrated Intelligence
Community.
III. Terrorism
as a Growing Threat
Foreign Intelligence Surveillance Act
Throughout the years the Judicial branch of the United States
Government has come to realize that there needs to be a difference
between criminal investigations and investigations that seek foreign
intelligence information. This awareness was heightened during the
Nixon administration with the publicity surrounding the use of wire-tapping
and a renewed concern for US Citizens’ privacy and free speech.
In a 1972 Supreme Court ruling , the Court suggested that separate
protections be enacted for electronic surveillance concerning domestic
security than those covered under the Title III (“wiretapping”)
statute, as the latter covered criminal investigations. In the event
that a search warrant is necessary to obtain evidence for a prosecution,
a criminal investigation is bound by the fourth amendment of the
US constitution. Under fourth amendment rules, investigators must
prove to a judge that there is probable cause that a crime has been
committed or is in the process of being committed. However, in 1978
the Foreign Intelligence Surveillance Act (FISA) officially made
a distinction between the activities of a criminal investigation
and intelligence gathering for domestic security (what is known
as foreign intelligence information). Under FISA a federal investigator
needs to prove that the subject under investigation is a foreign
power or an agent of a foreign power. Under the definitions section
of the Federal Intelligence Security Act foreign power is defined
as “a group engaged in international terrorism or activities
in preparation therefor.”
This distinct difference is important because it shapes how an
investigator handles the way he collects evidence and/or intelligence,
and it affected the investigation of Zacarious Moussaoui, which
I will discuss later in this article. FISA was written to give investigators
wide-ranging powers in gathering counterintelligence while at the
same time protecting US citizens from unnecessary exploitation that
can occur under the broad power of foreign intelligence gathering.
Therefore, there is a formal process in place that federal investigators
must go though in order to be approved for a warrant under FISA.
FISA authority can be obtained for electronic surveillance, physical
searches, pen/trap orders, and access to certain business records.
Under the Foreign Intelligence Surveillance Act a Foreign Intelligence
Surveillance Court (FISC) was set up to evaluate all FISA applications.
Before the applications reach the FISC the Attorney General must
personally review each application to make sure that it complies
with every standard set in the Act. The standards include a minimization
requirement, certification by the NSA that the information to be
collected is foreign intelligence information, and a statement attesting
that the information to be gathered could not be obtained by normal
investigative techniques. The minimization requirement is the safety
put in place to protect US citizens’ rights to privacy and
freedom of speech. Any federal agent requesting a warrant under
FISA must actively try to reduce the “collection, retention
and dissemination” of intelligence gathered regarding US citizens.
Although FISA authority must be used for intelligence gathering
reasons the information obtained is allowed in criminal court cases.
However, because of the minimization requirement an information-screening
wall is erected between the federal agent collecting the intelligence
and the person working the criminal case. An official not associated
with the criminal case is assigned the task of filtering the intelligence
so that only information “pertinent” to the criminal
investigation is passed “over the wall”. This ensures
that the FISA authority is not used for criminal investigations.
Unfortunately, it can also create problems because this person becomes
the gatekeeper of the intelligence, meaning they are the middleman
in a serial transmission.
In a serial transmission there is a chain of senders and receivers
for the information being passed. Serial distortion can occur at
any place along the chain because each receiver becomes a sender
of the transmission that they received and he or she then has the
opportunity to change the message that they are sending. The sender
can distort the message in four ways by adding information to the
message, assimilating the message by making it more positive, sharpening
the messages to make it more exciting, or leveling the message to
take out things that they do not think are necessary. The official
who chooses which intelligence is pertinent to the criminal investigation
is essentially leveling the information that the intelligence community
has collected. This creates many communication problems because
a person with no ties to the criminal investigation is given the
authority to discern what is important for the criminal investigators
to solve their case. This issue, along with others concerning the
application process for FISA authority, will be discussed in further
depth later in this article.
Terrorism in the Reagan Era
With the start of the 1980’s terrorism became a domestic
priority within the Reagan Administration. An increase in attacks
against US embassies and military bases overseas compelled President
Reagan to issue National Security Decision Directive (NSDD) Number
30. NSDD 30 specified which federal agencies would take the lead
in terrorist incidents. It gave the State Department control over
international terrorism, the FBI would be in charge of domestic
cases, and the FAA would handle all incidents where aircrafts are
concerned. In 1986, the Director of Central Intelligence (DCI) created
the Counterterrorism Center (CTC) as the focal point for counterterrorism
operations. This department, located within the CIA, was created
in direct response to the White House’s acknowledgement that
state sponsored terrorism was a growing threat to US interests.
That same year, President Reagan issued NSDD 207 that stated the
US stance on terrorism as
“…firm opposition to terrorism in all its forms…The
policy is based upon the conviction that to accede to terrorist
demands places more Americans at risk…the United States…is
prepared to act in concert with other nations or unilaterally
when necessary to prevent or respond to terrorist acts.”
Terrorism in a Post
Cold War Era
The next wave of legislation regarding terrorism took place in
the 1990’s during the Clinton administration. With the collapse
of the Soviet Union the threat of a nuclear holocaust was no longer
as imminent as it had been during the Cold War era and the threat
of terrorism was changing. No longer were groups necessarily being
funded by rebel states; now militant groups were arming themselves
and targeting more civilians than political figures and places.
The first attack on American soil took place in 1993 when the World
Trade Center was bombed for the first time. Islamic terrorists planted
a large bomb in the parking garage of one of the towers, killing
six people and wounding over a thousand. In 1995, President Clinton
issued Presidential Directive 39, which outlined a more detailed
US counterterrorism policy. This directive assigned new leads to
various departments within the Intelligence Community, mostly associated
with reducing vulnerabilities to employees, citizens, and infrastructure.
For example, the FBI was given the lead to expand their program
on counterterrorism, while the CIA was assigned as the lead agency
in the collection, analysis, counterintelligence, and covert action
concerning international terrorism as set out in the National Security
Act of 1947. Under this directive the FBI established their Counterterrorism
Unit along with an Usama bin Ladin Unit and a Radical Fundamentalist
Unit.
By this time Usama bin Ladin had been identified by the Intelligence
Community as a major financial resource, if not planner, of Islamic
terrorist activity. His 1996 Fatwa called all Muslims to participate
in an international Jihad, and his 1998 Fatwa specifically cited
US citizens as the target of the Jihad,
“The ruling to kill the Americans and their allies --
civilians and military -- is an individual duty for every Muslim
who can do it in any country in which it is possible to do it.”
A Fatwa is a religious decree issued by an Islamic religious leader.
This document would later be used as evidence against Usama bin
Ladin for the September 11th World Trade Center bombing.
On August 7, 1998, the US embassies in Nairobi, Kenya and Dar-es-Salem,
Tanzania were heavily damaged by massive bomb attacks that occurred
simultaneously. US intelligence blamed Islamic groups associated
with Usama bin Ladin for the attacks and heightened their concern
surrounding Usama bin Ladin due to the level of planning such an
attack involves. On December 4, 1998, DCI George Tenet issued a
memorandum to his deputies at the CIA declaring war against Usama
bin Ladin. This sense of urgency towards Usama bin Ladin, his actions,
and his associates, however, was not transferred to the entire IC.
Each agency was caught up in their own priorities; there were few
coordinated efforts.
IV. Events leading
up to September 11th
Failure to Watch list al-Hazmi and al-Mihdhar
The Intelligence Community was on heightened alert in December
1999 due to the expectation of possible terrorist activity planned
to coincide with major Millennium festivities in large cities all
over the world. Around this time, from January 5-8, 2000, the CIA
observed a meeting of individuals, believed to be associated with
Usama bin Ladin, in Malaysia. Khalid al-Hazmi and Nawaf al-Mihdhar,
both September 11th hijackers, were present at this meeting. Although
it is not known what was discussed at the meeting, the CIA deemed
it to be an assembly of al-Qa’ida associates. At the conclusion
of the meeting al-Mihdhar and al-Hazmi traveled together to another
Southeast Asian country.
At this point, the CIA had identified Khalid al-Mihdhar’s
full name, passport number, birth information, and the fact that
he held a US B-1/B-2 multiple-entry visa that would not expire until
April 6, 2000. They also had indications that Nawaf’s last
name was al-Hazmi. They were not aware that the NSA had information
linking Nawaf al-Hazmi with the Bin Ladin Network. This information
was in the NSA database, but it was not immediately disseminated.
At this time, al-Hazmi and al-Mihdhar could have been added to the
State Department, INS, and US Customs service watch lists denying
individuals entry into the US; however, they were not.
The main database that I am speaking of in this section of the
article is the Consular Lookout and Support System (CLASS). This
database was created in 1994 to prevent US Consular offices from
issuing visas to “inadmissible aliens”. Within the CLASS
system is another database called TIPOFF. TIPOFF is an intelligence
database fed mostly by the NSA, CIA, and FBI. It is designed to
enhance border security “by using classified intelligence
information and privileged law enforcement material to identify
terrorists…” Any consular issuing a visa or person performing
security checks at US points of entry must cross reference these
two databases with the applicant’s information. At a consulate
office, if the check results in a “hit” then a double
zero (00) is generated by the search. This indicates that the applicant’s
information must be sent to the State Department in DC where a field
officer is required to supply a formal response before a visa can
be issued. In the event that a border officer checking an applicant
received a “hit” they would simply deny entry. It is
important to note that previous to September 11th people visiting
the US were only subject to these databases, including those used
by INS, upon application to, entry to, and departure from the United
States. People flying within the US were not subject to these security
checks.
In January 2000, the CIA reportedly informed the FBI of al-Mihdhar’s
presence at the Malaysia meeting, but did not divulge the information
concerning his visa status. In addition, the CIA agent noted that
he told one FBI agent that:
“…this continues to be an [intelligence] operation.
Thus far, a lot of suspicious activity has been observed but nothing
that would indicate evidence of an impending attack.”
Therefore, the agent surmised that he would inform the FBI once
something concrete surfaced and the FBI agent agreed that this was
a fine approach and emailed his superior. He reported that the “CIA
is reporting relevant information as it becomes available.”
The CIA continued to be interested in the two suspects and learned
in March 2000 that al-Hazmi had entered the United States on January
15, 2000. They did not connect that fact that al-Hazmi had been
traveling with al-Mihdhar within Southeast Asia and therefore they
may have continued on together to the United States. In fact, al-Mihdhar
entered the US on the same date. Again these two individuals could
have been added to the watch list at this time. Even though they
were already in the US the watch lists would have alerted authorities
if they tried to leave. Also, the CIA never informed the FBI
or local law enforcement officials that these two individuals had
entered the US. This kind of information sharing could have prompted
domestic investigative efforts such as surveillance.
The CIA appears to have “dropped” the investigation
of those involved in the Malaysia meeting when the CIA employee
in charge of the case moved on to other issues. By the summer of
2000, no CIA officer was following the al-Mihdhar group.
On October 12, 2000, there was a terrorist attack on the USS
Cole as the Navy destroyer was refueling in Yemen. FBI officials
investigating the attack discovered that two people present at the
January 2000 Malaysia meeting were directly involved in the planning
or funding of the attack. They took this information to the CIA,
which prompted agents to take another look at the meeting. This
information was significant because it meant that other members
at the meeting had direct contact with the planners of this attack.
By this time it was January 2001 and al-Hazmi was still in the US
while al-Mihdhar was abroad. Again, each individual could have been
watch listed at this time since they were both present at the Malaysia
meeting, but they were not.
In May 2001, the CIA shared photographs taken from the 2000 meeting
in Malaysia with an Intelligence Operations Specialist (IOS) at
FBI Headquarters hoping that an individual in custody for the USS
Cole bombing was one of the individuals at the meeting. The
CIA told the FBI IOS about the Malaysia meeting and subsequent travel
of al-Mihdhar to Southeast Asia, but never mentioned the potential
travel to the US. On July 4, 2001, after receiving a new visa, al-Mihdhar
reentered the US.
Then in July 2001, a CIA agent assigned to the FBI brought to
the Director of Central Intelligence’s (DCI) attention the
fact that the perpetrator of the USS Cole attack and possibly
the Africa embassy bombing had been present at the Malaysia meeting.
This prompted a review of all prior information regarding the Malaysia
meeting, a task given to an FBI agent assigned to the Counterterrorism
Center (CTC) under the DCI.
On August 21, 2001, the agent connected two key pieces of information:
the information concerning al-Mihdhar’s multiple entry visa
(acquired by the CIA in January 2000), and the entrance of al-Hazmi
into the US on January 15, 2000 (acquired by the CIA in March 2000).
Then working with the INS agent assigned to the CTC the FBI analyst
was able to piece together the rest of the two individual’s
travel patterns. The timing of their entry into the US further aroused
his suspicions. Finally, on August 24, 2001, the CIA sent a cable
to the State Department, INS, Customs Service, and the FBI requesting
that al-Hazmi and al-Mihdhar be watch listed and denied entry into
the United States. The CIA stated their reasoning as “due
to their confirmed links to Egyptian Islamic Jihad operatives and
suspicious activities while traveling in East Asia.”
The FBI was still not notified that al-Hazmi and al-Mihdhar
were already in the United States and only after conducting their
own investigation did they determine such information. The INS was
also never asked to locate the two suspects, even though both of
their visas had expired.
Phoenix Memo, July
2001
On July 10, 2001, a special agent from the FBI field office in
Phoenix, AZ sent an electronic communication (EC) to FBI Headquarters
outlining his concern that Usama bin Ladin may be sending students
to the United States to receive civil aviation training in a coordinated
effort to undertake more terrorist activity. He was concerned with
the “inordinate number of individuals of investigative interest”
enrolled in aviation schools located in Arizona. He recommended
several steps that should be taken to investigate this situation.
- Headquarters should accumulate
a list of civil aviation university/colleges around the country;
- FBI offices should establish
liaison with the schools;
- Headquarters should discuss
the Phoenix theories with the intelligence community;
- Headquarters should consider
seeking authority to obtain visa information on individuals seeking
to attend flight schools.
An electronic communication (EC) is the primary way to send classified,
internal information throughout the FBI. The system is similar to
email in its electronic nature and capabilities; however, it is
different because all documents sent over the electronic system
have a classified status. When special agents send an EC they can
request a lead be put on the memo. An EC with a lead attached to
it ensures that the office receiving the memo follows up on any
requests that the memo may have. In the lead section of the memo
the sending office may outline exactly what actions they would like
to see taken. Once the receiving office takes the necessary steps
to cover the lead they must inform the sending office of their results,
thus closing the lead and the EC.
This system has some inherent problems due to faulty technology
and arbitrary assignment of leads. The EC is often addressed to
several people. In this case, the special agent in Phoenix addressed
his EC to members of the Usama bin Ladin Unit (UBLU) and the Radical
Fundamentalist Unit (RFU), including supervisors within each unit.
However, due to limitations in the electronic dissemination
system this EC was never seen by anyone in a supervisory role. In
fact, the EC only reached a handful of those on the “To:”
list. The FBI’s electronic system is not designed to reach
everyone on the addressee list. The EC is sent to the unit and then
electronically forwarded to the person assigned the lead. This was
an ongoing problem associated with the electronic communication
system.
In order to deal with this deficiency the personnel within the
FBI had come up with an informal system to make sure that EC’s
were sent to those that needed to see it. Those assigned the lead
for an EC were in charge of distributing the EC to the part of the
list that did not receive it. Unfortunately, the system for
choosing a person assigned the lead was just as makeshift. The person
chosen to work the lead was often the first person on the addressee
list with a non-supervisory role. Therefore, the person may have
no direct relation to the contents of the memo and so no historical
background with the subject to make qualified decisions on how to
handle the lead and who to distribute the information to.
On July 30, 2001, an Intelligence Assistant in the RFU at FBI Headquarters
assigned the lead for the Phoenix Memo to a woman chosen, “not
because the assignment was within her programmatic area of responsibility,
but because her name was the first non-supervisory name on the addressee
list.” Even though the sender requested that a lead be taken
up by both the UBLU and the RFU the receiver determined that the
project should be allocated to the UBLU. However, the UBLU Intelligence
Operations Specialist (IOS) did not want the lead transferred and
instead agreed to be in charge of her unit’s response without
taking full responsibility of the lead assignment.
The UBLU’s IOS engaged colleagues in a discussion regarding
the legality of the Phoenix Agent’s suggestion concerning
authority to obtain visa information of people looking to enroll
in flight school. However, they never consulted FBI lawyers and
were unaware of past events where similar requests were made. If
they had then they would have known that previously arrangements
had been made whereby the INS had provided the FBI with student
visa information for investigative purposes. Instead, the Intelligence
Operations Specialists determined amongst themselves that the request
raised profiling issues. None of the other requests were ever acted
upon. On August 7, 2001, both the Intelligence Operations Specialist
(IOS) in the Usama bin Ladin Unit (UBLU) and the IOS in the Radical
Fundamentalist Unit (RFU) decided to close the lead on the Phoenix
memo. At that point the UBLU’s IOS had forwarded the EC on
to an intelligence analyst in Portland who was interested in a similar
subject matter, but only titled the memo “FYI”. No supervisors
in either unit ever saw the Phoenix memo prior to September 11th
and no one was able to connect the Phoenix memo with the possible
presence of Khalid al-Mihdhar and Nawaf al-Hazmi, the apprehension
of Zacarious Moussaoui, or the flood of warnings about possible
terrorist attacks during the summer of 2001.
Apprehension of Zacarious
Moussaoui, August 2001
On February 23, 2001, Zacarious Moussaoui entered the United States
on a French passport that allowed him to stay in the US without
a visa for 90 days, until May 22. On February 26, he began flight
lessons at Airman Flight School in Oklahoma to learn how to pilot
small Cessna aircrafts. Then, on August 13 Moussaoui, on an expired
passport, began classes at Pan Am Flight School in Minnesota. The
difference between the Airman Flight School and the Pan Am Flight
School is the kind of training they provide. The Pan Am Flight School
specializes in ground training, and students have access to a Boeing
747 flight simulator. Therefore, this school mostly attracts newly
hired airline pilots for training or current pilots for refresher
courses; “The typical student has a pilot’s license,
is employed by an airline, and has several thousand flight hours.”
Moussaoui did not match any of these qualities. This raised suspicion
in a private citizen, who notified the FBI.
On August 15, 2001, the FBI’s Minneapolis Field Office opened
an international investigation of Moussaoui. The Minneapolis Field
Office hosts one of the FBI’s Joint Terrorism Task Force (JTTF)
programs. This means that FBI agents work alongside INS and CIA
agents. The program is designed to create a better environment for
information sharing and utilization of the Intelligence Community’s
tools. This connection allowed the FBI to determine that day, because
of the INS agent that worked in the Field Office, that Moussaoui’s
visa was currently “out of status”. Minneapolis also
asked the CIA and the FBI legal attaché in Paris for any
information, while at the same time informing FBI Headquarters of
the investigation. FBI Headquarters suggested that Moussaoui be
put under surveillance, but Minneapolis was too understaffed for
such an operation. In addition, the field office felt that it was
more important to stop Moussaoui from receiving any further training
than to survey his movements.
That same day FBI agents apprehended Moussaoui at his hotel room
and confiscated his belongings, including a laptop computer. The
FBI wished to search Moussaoui’s computer, but under federal
law a warrant must be produced if the suspect does not comply with
a search. At this point the FBI had three options to find out what
was on the computer. They could open a criminal investigation of
Moussaoui and apply for a search warrant, they could apply for FISA
search privileges, or they could wait until Moussaoui was deported
back to France and have the French authorities search the computer.
FBI Headquarters advised Minneapolis to try for a warrant under
FISA because a criminal search warrant might prejudice any future
efforts to obtain a FISA warrant. Headquarters was worried that
the FISA court may think that the FBI was trying to use intelligence
authority in a criminal case.
The Minneapolis office was working within some rather large constraints.
Although they had detained Moussaoui, INS informed them that such
passport offenders were not normally detained for more than 48 hours
before being deported. However, because they believed that Moussaoui
posed a threat they would extend that time period to 7-10 days.
In addition, FBI Headquarters relayed to the special agent in Minneapolis
that Moussaoui must be identified as part of a “recognized
foreign power” in order to be covered under a FISA warrant.
Therefore, field operatives in Minneapolis spent the better part
of three weeks trying to link the Chechen rebel group (a group not
recognized by the State Department) that they had paired Moussaoui
with to al-Qa’ida (a terrorist group recognized by the State
Department). In the mean time, the Supervisory Special Agent in
the RFU that was in charge of the Moussaoui FISA application continued
to change parts of their application, reject their reasoning within
the application, and failed to synthesize information that he was
privy to that could have completed the application. These actions
were based on a false knowledge of the FISA application standards
and procedures due to poor training and a lack of accountability
within the Bureau.
On August 28, the RFU agent made some final changes to the 26-page
application that the field office had transmitted to him through
Electronic Communication. The most substantive change was the deletion
of the connection that the field office had written relating the
Chechen rebels to al-Qa’ida. The RFU agent then orally briefed
the FBI Deputy General Counsel on the application. The Deputy General
Counsel agreed with the RFU agent that there was insufficient evidence
to show that Moussaoui was an agent of a foreign power. The agent
then told the field office to stop pursuing the FISA warrant and
begin arranging for Moussaoui’s planned deportation to France
on September 17.
The criminal search warrant option was never revisited even though
the only previous hindrance was the fear that pursuing a criminal
search warrant would disrupt the chance of obtaining a FISA application.
On September 11, 2001, authorities finally obtained a criminal
search warrant to search the laptop stating the same reasons for
probable cause as can be found in the original FISA application.
V. Communication Breakdown
within the Intelligence Community that made it impossible to “connect
the dots”
I will be examining the breakdown in communication within the
Intelligence Community using the Systems Theory of Communication.
The Systems Theory asserts that in order for an organization to
perform at maximum efficiency all departments must be linked, each
department should be open and aware of the environment around them,
the organization must also be aware of the external environment
it is in, and the organization must be willing to adapt and innovate
as its environment changes. All of this needs to be accompanied
by a receptive climate and formal lines of communication that all
staff are aware of and believe to be legitimate in order for communication
to flow freely throughout the organization. Several communication
networks exist to facilitate the flow of communication. Downward
networks facilitate communication from a superior to a subordinate.
Upward networks exist for subordinates to be able to communicate
with superiors. Horizontal networks allow co-workers and departments
within an organization to communicate. External networks are channels
for people outside of the organization to contact people within
the organization. Internal networks are channels for those within
the organization to communicate on. Formal networks are the prescribed
methods of communication that the organization has set out. Finally,
informal networks are the networks not prescribed by the organization.
All of these networks failed at some point during the events leading
up to September 11th.
CIA
The intelligence investigation of al-Mihdhar and al-Hazmi brought
to light many deficiencies in the formal lines of communication
within the CIA. First, the failure to watch list both individuals
several times shows a lack of downward communication in communicating
proper task procedures. There are three kinds of messages that are
sent along the downward network: task, maintenance, and human. Task
messages refer to how a person does their job. Maintenance messages
concern procedural messages, like the dress code. Lastly, human
messages relate to comments of positive feedback or personal concern.
CIA personnel were not adequately trained on proper watch listing
procedure. In reality, there was no formal training for submitting
names to a watch list, agents learned “on the job”.
In fact, the judicial inquiry found that prior to September 11th
the CIA had not clearly related to personnel at the Counterterrorism
Center (CTC) what they needed to know about the process. This meant
that watch listing happened on an individual basis depending on
an agent’s understanding of the process, personal experience
with the system, and how other agencies received and used the information
provided to the database.
Because there was no formal system in place the CTC experienced
organizational forgetting. Organizational forgetting, a phrase developed
by organizational communications scholar Phil Tompkins, occurs over
time as turnover and less emphasis on a task takes place. This leads
an organization to no longer practice what it once did. As a result
CIA agents held an unusually high standard in place for people to
be put on the watch list. The threshold to place people into TIPOFF
is low. In order for a person to be placed on the watch list there
needed to be “reasonable suspicion” that they were a
terrorist or were affiliated with a terrorist organization. Yet
most personnel, including the agent that finally initiated the watch
listing procedure, waited until they had a relatively high measure
of proof of such activity before entering names into the watch list.
The second network that failed was the external, horizontal network.
The CIA neglected to share pertinent information with the FBI that
could have furthered their criminal investigation into the USS Cole
bombing. This failure illustrates the gap between intelligence and
law enforcement counterterrorism efforts. Such a gap exists because
of the different cultures, jurisdictions, and improper understanding
of what can and cannot be shared by the intelligence community.
The culture prevalent at the CIA concerning information sharing
can be characterized by “need to know”. The CIA worked
on a “need to know” basis with supervisors identifying
those who needed to know. This meant that at the June 11, 2001 meeting
where CIA officials showed FBI agents photographs from the January
2000 Malaysia meeting the CIA official did not alert the FBI that
the suspect in the photograph had a US B1/B2 visa. The CIA official
later told members of the Joint Inquiry staff that “he would
not share information outside of the CIA unless he had the authority
to do so and unless that was the purpose of the meeting.”
I have already talked about the “wall” that the Federal
Intelligence Surveillance Act erects between intelligence gathering
and criminal investigations. There is a second kind of wall that
the CIA agent was alluding to. It is a self-imposed wall within
the intelligence community used to protect sources and methods.
However, the bombing of the USS Cole was a federal investigation.
As such its level of importance should have been high enough to
breach this second wall. Ultimately, the fear that pervaded the
CIA and FBI concerning what information could and could not be shared
hampered both members of the Intelligence Community’s progress.
Their misunderstanding may be attributed to a risk adverse culture.
This culture permeated the agencies after a FBI agent was barred
from the FISA court for mishandling intelligence under FISA rules.
The CIA had one last chance to utilize their external horizontal,
network and identify the seriousness of al-Mihdhar and al-Hazmi
when they were finally watch listed on August 24, 2001. However,
they alerted neither the FBI nor the INS about the possible al-Qa’ida
terrorist links or the fact that both were in the country. Part
of this failure is due to inadequate databases. The watch lists
are not able to communicate the level of danger individuals may
pose beyond the possible associations that they have. Also, even
though both individuals were finally watch listed not all members
of the intelligence community have access to the watch lists suspects
are placed on. This has to do with issues of security clearance.
Agencies that do not have personnel with clearance to access these
databases are missing out on a vast intelligence resource. Often
times this lack of clearance stems from the process, which can take
as long as a year and a half for someone to get through.
FBI
The Phoenix Memo
The most obvious network that failed, in the case of the Phoenix
Memo, is the formal network that the Electronic Communication (EC)
traveled on. The Electronic System was known to have problems; in
fact, the FBI is infamous for its antiquated technology. The staff,
having little choice, had dealt with it by building an informal
network. Informal networks develop for several reasons. The formal
network may be slow or may not carry the necessary information.
There may not be any prescribed network for communication. Also,
spatial factors can render impractical formal networks that do exist.
Since the Electronic System is not designed to send electronic
communications to every addressee people within the FBI “fixed”
this by giving the agent in charge of the lead this task. However,
the person assigned the lead was arbitrarily chosen from the addressee
list. Usually, it was the first person with a non-supervisory role.
This means that the person assigned the lead is given the responsibility
of being a gatekeeper, but may not have the background to discern
who should receive the EC and who should not. Of course, they should
forward the message on to everyone listed, but over time their role
has taken on a filtering aspect, whereby they decide who should
receive the message.
Specific to the Phoenix EC, the upward network failed because the
lead never passed the message along to supervisors within the UBLU
or the RFU. No one with a background in investigations regarding
terrorism and airplanes received the message. Also, because it is
common at the FBI that agents are usually only familiar with their
own cases and will not know details about investigations going on
in other squads, no one was able to identify the importance of the
EC, the recommendations were ignored, and the memo was given little
attention. This case specific mentality is characteristic of a “silo
mentality”. The “silo mentality” occurs when departments
begin to “perceive themselves as discrete entities that perform
independently.” However, as the Systems Theory acknowledges
this is not the most productive way for an organization to function
“since departments in organizations are inherently interdependent
and not independent.”
One last comment needs to be made regarding the Electronic System.
The system is designed to be receiver centered, meaning that the
sender knows that the message has been received once the receiver
receives the message, but in reality it did not meet this goal.
The lead that the sender can elect to put on the EC guarantees feedback
to the original message and allows the sender to determine if there
was message fidelity. However, once a lead is closed it is not usually
reopened, and the electronic system fails in allowing for message
fidelity because it cannot guarantee that the message will get to
all addressees.
Separate from the failures in the Electronic system is the failure
of FBI Headquarters to respond to any of the recommendations that
the Phoenix Agent delineated. The fact that the only recommendation
discussed concerned an operational aspect of acquiring visa information
for foreign nationals attending flight school is symptomatic of
the FBI’s short-term operational priorities. An analyst within
the UBLU would have best handled the recommendations because they
would have had the tools and the time to devote to this kind of
a project; however, a brain drain was active in the analytical units
of the FBI. Since there was such a shortage of good agents in the
investigative branches any time a competent analyst was hired they
were immediately transferred to an operational unit. On September
11th there was one analyst working on al-Qa’ida related material.
This myopic vision caused a greater communication problem because
instead of seeing systemic problems by looking at the big picture,
the FBI was case driven and prone to solving smaller problems. They
were not in what Tompkins has referred to as the “Earthquake
Prediction Business” because they were brushing aside warning
signs of larger problems that were looming. This focus on the operational
is why the Intelligence Operations Specialists closed the Phoenix
EC prematurely.
Apprehension of Zacarious Moussaoui
The apprehension of Moussaoui began with very smooth lines of
communication due to the Joint Terrorism Task Force (JTTF) established
in Minneapolis. The function of a JTTF is to act as a force multiplier.
This means that all agents are treated like FBI staff and given
the same access to information. The INS agent on the JTTF is typically
the most highly lauded member of a JTTF because of countless occasions
where overstays on visas allowed the FBI to apprehend a suspected
terrorist. The Moussaoui apprehension was no different. The horizontal
network worked and Minneapolis FBI Agents were able to arrest Moussaoui
because his visa had expired.
Although that network worked, several others fell short. The operational
focus mentioned earlier in the handling of the Phoenix Memo can
also be seen in the case of Zacarious Moussaoui. FBI Headquarters
suggested that Minnesota put Moussaoui under surveillance, but Minneapolis
was too understaffed for such an operation, and believed that stopping
Moussaoui’s flight instruction was more important. If Minneapolis
had had a more long-range vision they would have allocated the proper
resources to an investigation of Moussaoui’s actions instead
of immediately arresting him once they found out he had a visa violation.
The following confusion over the FISA application may have been
averted if such tactics had been employed.
The main communication network that failed in the FISA application
process is the downward network from FBI Headquarters to the Minneapolis
Field Office. To understand how the network failed, you need to
know the role that Headquarters plays in helping field offices apply
for FISA warrants. Headquarters’ main role is to “add
value” to field offices. They do this in three ways. Their
first function is purely ministerial; they assemble the FISA application
in the proper format so that it may be reviewed by the FISA Court.
The next function is more substantive; Headquarters assists the
field offices by being expert on the legal aspects of FISA and by
providing guidance on the FISA application requirements. Finally,
Headquarters functions to supplement and strengthen FISA applications
by adding intelligence information that only they are privy to so
that the clauses of “probable cause” and “agent
of a foreign power” are met.
Headquarters misinformed Minneapolis about the correct guidelines
for the application. Minneapolis was told that they needed to prove
that Moussaoui was part of a recognized foreign power.
This was an incorrect perception; Moussaoui only needed to have
“probable cause” that he was an “agent of a foreign
power”. Headquarters also misinterpreted the probable cause
clause. They were asking Minneapolis to provide too much of the
wrong kind of information, without adding any of their own intelligence
to help Minneapolis’ case. During the period of time that
the application procedure was happening the Phoenix memo was in
the FBI database. That memo could have provided the extra evidence
needed to establish “probable cause” Unfortunately,
the agent at Headquarters in charge of the FISA application never
queried the database. That agent also deleted from the Minneapolis
application most of the section containing the work that Minneapolis
had done to link the Chechen rebel group with al-Qa’ida. The
agent did not believe that the evidence was strong enough. However,
when the agent briefed the FBI lawyers on the feasibility of obtaining
a warrant with the evidence that had been found, he did so in an
oral meeting about the al-Qa’ida link not about the guidelines
for a FISA application. The FBI lawyer never saw the physical application
written up by Minneapolis. There is a greater chance for message
distortion of oral messages than of written ones. The FBI lawyer
agreed with the agent that the Minneapolis case was too weak. If
the agent had actually seen the application he may have come to
a different conclusion because he might have realized the entire
misinterpretation of FISA guidelines that Headquarters was working
with. Headquarters unsuccessfully met its “value added”
function for the Minneapolis application so much so that it never
got to the ministerial function. The attempt to secure a FISA application
was dropped once the FBI lawyer agreed that there was not enough
conclusive evidence to link Moussaoui to the al-Qa’ida network.
VI. Reorganization
of the Intelligence Community post September 11th
Homeland Security Act of 2002
The Homeland Security Act of 2002 created the Department of Homeland
Security in response to the terrorist attacks of September 11th.
The Department or DHS is a cabinet level office that will encompass
22 existing agencies under one Secretary in order to help support
its mission “to help prevent terrorist attacks in the United
States, reduce the vulnerability of the United States to terrorist
attacks, and minimize the damage and assist in recovery from attacks
that do occur.” To accomplish this mission the Department
is organized by five Divisions or Directorates that report directly
to the Secretary of Homeland Security. The five divisions are Management,
Science and Technology, Information Analysis and Infrastructure
Protection, Border and Transportation Security, and Emergency Preparedness
and Response. I will be examining the role of the Information Analysis
and Infrastructure Protection (IAIP) directorate to see the strides
that have been taken to improve information sharing within the Intelligence
Community.
DHS submitted a reorganization plan for the Department of Homeland
Security to Congress on November 25, 2002. The reorganization plan
lists dates for different restructurings to be completed and goals
to be accomplished. The IAIP will be in place by September 30, 2003
with an Under Secretary and Assistant Secretary for Information
Analysis overseeing the division’s information sharing functions.
These functions include (but are not limited to) the analysis of
terrorist threats taking into account actual and potential weaknesses
of the homeland, the integration of relevant information to identify
priorities within the counterterrorism community, the responsibility
to ensure timely and efficient information sharing between all other
agencies of the Federal Government and the Department, the role
of recommending better policies and procedures governing the sharing
of intelligence information between all levels of the government,
the dissemination of analyzed information to other agencies to help
prevent terrorist attacks, the creation of a secure information
technology infrastructure to facilitate the sharing of information
acquired by the Department, and the coordination of training and
other support to those agencies that share information with the
Department to improve the utilization of all tools available to
the Intelligence Community.
The IAIP has been set up to merge the capabilities of a number
of different departments under one roof to better identify and assess
the broad range of terrorist intelligence that the IC receives on
a daily basis. It will coordinate and, as appropriate, consolidate
the lines of communication between the federal, state and local
governments to aid the flow of important information. The division
is also in charge of the Homeland Security Advisory System.
VII. My Recommendations
Unfortunately, the Department is still too young to completely analyze
how effective it will be in improving our fight against terrorism.
The information available at this time refers to the broad powers
of each directorate instead of specific plans to handle each function
the directorate is in charge of. A recent report published by the
Government Accounting Office (GAO) criticized the Department for
not taking clearer steps to open lines of communication between
departments involved in counterterrorism. The five Directorates
have a huge responsibility to improve the current IC without causing
another layer of bureaucracy where information can be lost or mishandled.
In response to the three cases that I have outlined in this article
I now offer my own recommendations on how the IC can overcome some
of its communication pitfalls.
The failure to watch list al-Mihdhar and al-Hazmi brought to light
weaknesses in training and the watch list programs themselves. The
Information Analysis and Infrastructure Protection directorate will
now be in charge of training those in DHS on the tools available
to the IC. For the watch lists, this training must include the threshold
required to enter a suspect into the database and the uses of the
database to those within Intelligence Community. This way each agent
is aware of the departments around them and how they utilize information.
The Systems Theory recognizes that departments are interdependent
by nature; therefore, each department must practice penetration
in order to be more aware of each other’s cases and issues.
Reeducation of current employees and training of new employees is
one way of ensuring that each person is made aware of what is going
on around them.
The watch lists themselves cause problems because each department
has their own and not all agencies work with the same technology.
This means that many watch lists are inaccessible to certain agencies
due to technology impairments or lack of security clearance. Although
it is impossible and ill advised to homogenize the Intelligence
Community by creating one watch list, a centralized watch list that
culls information from each agency’s database that can be
accessed by certain security cleared personnel would allow the IC
to have more equal footing. This would give the local police access
to intelligence that may be helpful in its domestic efforts and
provide federal agencies with a simple solution to disseminating
the information that they need to share.
The Phoenix EC uncovered problems in obsolete technology and understaffing,
as well as an agency culture that hindered information sharing to
other agencies. Obviously the equipment that the FBI is using must
be updated and brought in line with others within the IC. Also,
adding more staff will help the FBI put more emphasis on long term
analysis of intelligence instead of its more case centered philosophy
it had adopted because there will be more people to handle that
kind of information. However, this will only happen if the organization
undergoes a major culture shift. The FBI, as well as the CIA, has
an information ownership mentality. The FBI experiences more prestige
with the more cases it solves and these concrete results fuels the
agency to continue to operate in the short term. This is why the
FBI moved most of its analysts into the field. The CIA has imposed
its own boundaries on what information should be shared and what
information should not to protect the civil liberties of US citizens
and its agents from the law. The IAIP can re-train each agent on
the legal stipulations of information sharing, but without the supervisors
of each agent reinforcing a new culture of open communication the
FBI and CIA will continue to operate like it did before September
11th. Clear methods of information sharing should be set up. The
easiest way to handle this is to utilize the Joint Terrorism Task
Forces that employ personnel from several agencies who can disseminate
the information they are working on to their own agencies for follow
up action.
The apprehension of Zacarious Moussaoui demonstrated how well information
can flow when systems are open and functioning, as was the case
of the JTTF in Missouri. However, the system failed at sharing the
correct information between departments that were thousands of miles
away (between Missouri and Headquarters) because each department
was on a different page. Headquarters was focused on the legal proceedings
of obtaining a FISA warrant while Missouri simply wanted a warrant
to search the laptop. Headquarters communicated the wrong kind of
information to Missouri regarding FISA applications and because
there was no check and balance in the system no one realized the
mistake until after September 11th.
Fortunately, this kind of discrepancy is addressed in the DHS.
The Office of Inspector General will serve as an independent and
objective “inspection, audit, and investigative body to promote
effectiveness, efficiency, and economy in the Department of Homeland
Security’s programs and operations, and to prevent and detect
fraud, abuse, mismanagement, and waste in such programs and operations.”
This office will hopefully keep each agency aware of any misconceptions
that they may have.
VIII. Conclusion
It is not clear if watch listing al-Hazmi and al-Mihdhar and linking
the Phoenix memo and the apprehension of Moussaoui with the other
terrorism threats would have surfaced the 9/11 terrorist plot or
not. However, in the least that kind of open communication would
have made it harder for terrorist factions to stay underneath the
Intelligence Community’s radar. The Department of Homeland
Security seeks to integrate the Intelligence Community to better
facilitate the flow of information between agencies to keep terrorists
from alluding our agents, however the department is too young to
elaborate on its full potential.
The IC faces fragmentation, technological impediments and ineffective
collaboration. The fragmentation has developed from ineffectual
or nonexistent training of agents on proper procedures. The technological
impediments are inexcusable when the terrorists of today are using
the most modern equipment to plan their attacks.
Finally, the ineffective collaboration continues because it is
part of the culture of each organization. There is a mentality of
information ownership within each agency that needs to be dispelled.
The only way for the IC to be one hundred percent effective is to
utilize all of its resources to its fullest. This means that intelligence
must be distributed throughout the community in a timely fashion.
This is a controversial topic because it requires the removal of
several “walls” that have been built to protect civil
rights. Nevertheless, not all of the walls are there to protect
civil liberties, some stem from misconceptions in federal law and
risk adverse cultures that have developed over the years.
A reeducation of the agencies that deal with counterterrorism needs
to take place in the tools that they have, including the function
of the agencies around them. Once the IC is aware of each other
and each other’s functions information will be able to flow
more freely. Until then, the IC is at a disadvantage to terrorist
cells that openly communicate to each other.
Melissa
Bator
IX: References
- The more research I conducted the more problems I found that
plagued the Intelligence Community. The information presented
in this paper is a cross-section of those communication problems
that I was able to glean from the declassified documents I was
privy to.
- US Congress, House Permanent Select Committee on Intelligence,
Compilation of Intelligence Laws and related Laws and Executive
Orders of Interest to the National Intelligence Community
(Washington, DC: US Government Printing Office, 1983), p. 7.
- “CIA Vision, Mission, and Values,” April 12, 2002,
http://www.cia.gov/cia/information/mission.html (March 24, 2003).
- Reagan, Ronald, “Executive Order 12333: United States
Intelligence Activities,” p. 59943.
- Mission Statement found in Jeffreys, Diarmuid, The Bureau-Inside
the Modern FBI, Houghton Mifflin Company, 1995: p.8.
- Richelson, Jeffrey, The US Intelligence Community,
Westview Press, 1995: p. 26.
- United States v. U.S. District Court, 407 US 297,
1972.
- 50 U.S.C. §1801 (1978).
- “Electronic Privacy Information Center,” November
22, 2002, http://www.epic.org/privacy/terrorism/fisa/default.html
(March 24, 2003).
- Zaremba, Alan Jay, Organizational Communication Foundations
for Business & Management, Thompson South-Western, 2003:
pp. 138-140.
- Reagan, “National Security Decision Directive Number
30,” April 10, 1982, http://www.gwu.edu/%7Ensarchiv/NSAEBB/NSAEBB55/nsdd30.pdf
(April 1, 2003).
- Reagan, “NSDD 207,” January 20, 1986, http://www.fas.org/irp/offdocs/nsdd/23-2715a.gif
(April 1, 2003).
- Clinton, William Jefferson, “Presidential Decision Directive
39,” June 21, 1995, http://www.fas.org/irp/offdocs/pdd39.htm
(April 1, 2003).
- bin Ladin, Usama, “Jihad Against Jews and Crusaders,
World Islamic Front Statement,” February 23, 1998, http://www.fas.org/irp/world/para/docs/980223-fatwa.htm
(March 1, 2003).
- Hill, Eleanor, “Joint Inquiry Staff Statement Part 1,”
September 18, 2002, http://intelligence.senate.gov/0209hrg/020918/hill.pdf
(February 10, 2002): p. 18.
Hill, “The Intelligence Community’s Knowledge of the
September 11 Hijackers Prior to September 11,” 2001,”
September 20, 2002, http://intelligence.senate.gov/0209hrg/020920/hill.pdf
(February 10, 2003): p. 6.
- Ibid., p. 15.
- Ibid., p. 6.
- Ibid., p. 7.
- Ibid., p. 8.
- Ibid., p. 10.
- Hill, “The FBI’s Handling of the Phoenix Electronic
Communication and Investigation of Zacarious Moussaoui Prior to
September 11, 2001,” September 24, 2002, http://intelligence.senate.gov/0209hrg/020924/hill.pdf
(February 10, 2003): p. 2.
- Ibid., p. 5.
- Ibid., p. 9.
- Ibid., p. 6.
- Ibid.
- Ibid., p. 14.
- Ibid., p. 16.
- Ibid., p. 17.
- Leahy, Patrick, Charles Grassley, and Arlen Specter, “Interim
Report on FBI Oversight in the 107th Congress by the Senate Judiciary
Committee: FISA Implementation Failures,” February 2003,
http://www.fas.org/irp/congress/2003_rpt/fisa.html (May 3, 2003):
p. 13.
- Katz, Daniel and Robert Kahn, The Social Psychology of
Organizations 2ed., John Wiley & Sons, 1978: p. 109.
- Zaremba, pp. 125-142.
- Ibid., pp. 99-102.
- Hill, “The Intelligence Community’s Knowledge of
the September 11 Hijackers Prior to September 11,” 2001,”
p. 20.
- Tompkins, Philip, Organizational Communication Imperatives,
Roxbury Publishing Company, 1993: p. 11.
- Hill, “The Intelligence Community’s Knowledge of
the September 11 Hijackers Prior to September 11,” p. 15.
- Hill, “Counterterrorism Information Sharing with Other
Federal Agencies and with State and Local Governments and the
Private Sector,” October 1, 2002, http://intelligence.senate.gov/0210hrg/021001/hill.pdf
(February 10, 2003): p. 12.
- Hill, “The Intelligence Community’s Knowledge of
the September 11 Hijackers Prior to September 11,” 2001,”
p. 10.
- Hill, “Hearing on the Intelligence Community’s
Response to Past Terrorist Attacks Against the United States from
February 1993 to September 2001,” October 8, 2002, http://intelligence.senate.gov/0210hrg/021008/hill.pdf
(February 10, 2003): p. 25.
- Hill, “Counterterrorism Information Sharing with Other
Federal Agencies and with State and Local Governments and the
Private Sector,” p. 6.
- Zaremba, pp. 126-131.
- Hill, “The FBI’s Handling of the Phoenix Electronic
Communication and Investigation of Zacarious Moussaoui Prior to
September 11, 2001,” p. 13.
- Zaremba, p. 140.
- Ibid.
- Message fidelity occurs when the receiver understands the message
in the way that the sender intended it to be understood. Zaremba,
p. 62.
- Hill, “Joint Inquiry Staff Statement Part 1,” p.
29.
- Tompkins, p. 59.
- Hill, “Counterterrorism Information Sharing with Other
Federal Agencies and with State and Local Governments and the
Private Sector,” p. 8.
- Leahy, p. 15.
- Ibid., p. 26.
- Ibid., p.14.
- US Congress, Government Accounting Office, Information
Sharing Responsibilities, Challenges, and Key Management Issues
(Washington, DC: US Government Printing Office, 2002), p. 3.
- “Department of Homeland Security Reorganization Plan,”
November 25, 2002, http://www.dhs.gov/interweb/assetlibrary/reorganization_plan.pdf
(May 20, 2003), pp. 6-8.
- Information Sharing Responsibilities, Challenges, and Key
Management Issues, p. 3.
- “Ensuring Integrity and Efficiency,” http://www.dhs.gov/dhspublic/display?theme=89&content=581
(May 20, 2003).
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