NEW YORKER: MISSED MESSAGES by SEYMOUR M. HERSH, PART 3 of 4
newyorker.com
The complaints about the F.B.I. are well known to the Senate Judiciary Committee, whose chairman, Patrick Leahy, of Vermont, has been urging extensive reform of the bureau for years. "These are not problems of money," Leahy said last July, during confirmation hearings on the appointment of Robert Mueller as the new F.B.I. director. "We have poured a lot of money into the F.B.I. It is a management problem."
The F.B.I.'s computer systems have been in disarray for more than a decade, making it difficult, if not impossible, for analysts and agents to correlate and interpret intelligence. The F.B.I.'s technological weakness also hinders its ability to solve crimes. In March, for example, Leahy's committee was told that photographs of the nineteen suspected hijackers could not be sent electronically in the days immediately after September 11th to the F.B.I. office in Tampa, Florida, because the F.B.I.'s computer systems weren't compatible. Robert Chiradio, the special agent in charge, explained at a hearing that "we don't have the ability to put any scanning or multimedia" into F.B.I. computer systems. The photographs had "to be put on a CD-ROM and mailed to me."
Part of the problem, former F.B.I. agents have told me, is the long-standing practice by the F.B.I. leadership of "reprogramming" funds intended for computer upgrading. I. C. Smith, who was in charge of the F.B.I.'s budget for national-security programs, told me that his department was "constantly raiding the technical programs" to make up for shortfalls in other areas—such as, in one case, the travel budget.
Mueller, who had been on the job for only a week before September 11th, acknowledged in a speech in April that many of the desktop computers at the F.B.I. were discards from other federal agencies that "we take as upgrades." He went on, "We have systems that cannot talk with other bureau systems, much less with other federal agencies. We're working to create a database . . . that we can use to share information and intelligence with the outside world. We hope to test it later next year"—that is, sometime in 2003.
Clearly, the agents in the field and their superiors at F.B.I. headquarters did not have the optimal tools to cope with the complex world of Middle Eastern terrorism—and the outpouring of intelligence data and warnings about activities inside the United States. (They were not alone. The C.I.A. and other intelligence agencies also contributed to the failure that led to September 11th.) The F.B.I. also found it extremely difficult to field undercover operatives inside the Islamic fundamentalist movement. The situation remains the same today, intelligence officials told me. "They're incapable of it," one former intelligence official said, referring to the F.B.I.'s lack of experience in covert operations. "This is much scarier than the C.I.A.'s inability to penetrate overseas. We don't have eyes and ears in the Muslim communities. We're naked here."
In a recent conversation, a senior F.B.I. official acknowledged that there had been "no breakthrough" inside the government, in terms of establishing how the September 11th suicide teams were organized and how they operated. America's war in Afghanistan, despite success in driving Al Qaeda from its bases there, has yet to produce significant information about the planning and execution of the attacks. U.S. forces are known to have captured thousands of pages of documents and computer hard drives from Al Qaeda redoubts, but so far none of this material—which remains highly classified—has enabled the Justice Department to broaden its understanding of how the attack occurred, or even to bring an indictment of a conspirator. The government's only criminal proceeding filed thus far is against Zacarias Moussaoui, a French citizen who was already in jail on September 11th, on immigration charges. "It's kind of obvious that we haven't wrapped anything up," a C.I.A. consultant told me.
One senior F.B.I. official argued, however, that the intensive American bombing campaign in Afghanistan and the dramatically improved coördination with international police forces and intelligence agencies have led to a serious degradation of Al Qaeda's command and control, and, he said, "the over-all structure of Al Qaeda has been disrupted." Referring to the heavy satellite monitoring of the many training camps operated by Al Qaeda and other terrorist groups in Afghanistan, he said, "For years, we watched the graduating classes every year at the University of Terrorism." What's left, he went on, are "those fleas—the graduates of the training classes who are spread out in the world. We are going to have problems with them for years to come. Could there be a flea who strikes this week in Kansas City? Absolutely."
In Senate testimony in May, Robert Mueller emphasized how difficult it would have been to thwart the September 11th attacks, noting that fifty million people entered and left the United States in August, 2001. "The terrorists took advantage of America's strengths and used them against us," he said. "And as long as we continue to treasure our freedoms we always will run some risk of future attacks."
"These guys were not superhuman," I. C. Smith noted, "but they were playing in a system that was more inept than they were. If you go back to the aircraft hijackings of the early nineteen-seventies, I can't recall a single instance where we caught a guy"—in advance—"who really intended to hijack a plane." But men like Mueller, Smith added, "can't afford to say that the terrorists stumbled through this."
Mueller has one of the most difficult jobs in government today. He is trying to reorganize a bureaucracy that has resisted changes—and outsiders—for decades. He does not praise the old days, and the old ways of doing business, in his public statements. "We must refocus our mission and our priorities," he told the Senate Judiciary Committee in May. "We must improve how we hire, manage, and train our workforce, collaborate with others, and manage, analyze, share, and protect our information." He added, "I am more impatient than most, but we must do these things right, not simply fast."
Mueller's insistence on centralizing decision-making and control of counterterrorism operations at F.B.I. headquarters has provoked discord in some of the F.B.I.'s fifty-six bureaus across the nation. Senior officers with specialized expertise were reassigned to counterterrorism duty after September 11th, and many still find their new jobs bewildering.
Increasingly, the divisions are becoming public. Last week, a letter of complaint sent to the House and Senate intelligence committees by the F.B.I.'s general counsel in Minneapolis was leaked to the press. It accused F.B.I. headquarters of obstructing the local inquiry into Zacarias Moussaoui and accused Mueller personally of misrepresenting the bureau's handling of the case. Mueller quickly announced that he had referred the matter to the Justice Department for investigation. A Senate aide told me that Mueller's willingness to air the problems—even at the risk of adverse publicity—had won him few friends inside the Bush Administration. "He's had his hand slapped by the Justice Department," the official said, "and he's having problems with the White House."
Mueller does have the support, thus far, of the often skeptical Senate Judiciary Committee. The committee, under Senator Leahy, began extensive oversight hearings into the F.B.I. last year—the first comprehensive hearings in two decades. "He inherited a mess," Leahy said. "The F.B.I. has improved since the days of J. Edgar Hoover. It doesn't go around blackmailing members of Congress anymore. But it still has a 'We don't make mistakes or admit mistakes' culture." Mueller seems to be committed to changing that attitude, Leahy told me. "I have confidence in him, and it will continue as long as we see a bureau that really wants to correct its mistakes. Mueller's best defense—and his best offense—is to be as forthcoming with Congress as possible." The Senator added, "White Houses come and go, but he has a ten-year tenure."
Since the hijackings, the F.B.I. and the C.I.A. have gone to great lengths to improve coöperation, and C.I.A. personnel are assigned to F.B.I. offices. In some basic ways, however, the F.B.I. still doesn't work. The bureau, one of Mueller's aides said, is undergoing an enormous and painful change in its day-to-day approach to investigations. "The mission now is not just to put handcuffs on people and throw them into jail but to stop acts of terrorism in the future. A lot of people here are not prepared to radically change their way of doing business, and it's frustrating for many agents, with their black-and-white way of looking at the world. The F.B.I.'s priority now is to get information to prevent the next event—even if it means we lose the case." The transition will lead to many forced early retirements. "There hasn't been time to build up a cadre of people with the right skills," the aide said. One inevitable problem is that the most significant of Mueller's changes—such as the recruitment and hiring of experts in foreign languages, area studies, and computer technology—will not pay dividends for years.
A longtime clandestine C.I.A. operative was skeptical about the rival agency's ability to transform itself. "They're cops," he said of the F.B.I. agents. "They spent their careers trying to catch bank robbers while we spent ours trying to rob banks." |