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AP News
FBI, Justice Dept. to Face 9/11 Panel
By CURT ANDERSON, Associated Press Writer April 13, 2004
FBI, Justice Department to defend counterterror efforts before Sept. 11 commission
WASHINGTON - The independent commission investigating the Sept. 11 attacks is turning its spotlight on the FBI and Justice Department, with commission members seeking to determine what law enforcement officials did when confronted with the rising threat of an al-Qaida attack.

If the FBI had information about an al-Qaida presence in the United States and had 70 ongoing investigations, commission members want to know what actions were taken and how broadly that information was disseminated throughout the government.

"The FBI is going to have to answer the question: 'Why didn't they deliver the information up? Did they get clear instructions from the top that it should be delivered up?'" said former Sen. Bob Kerrey, a Democratic member of the Sept. 11 commission.

The panel was beginning a new two-day round of hearings Tuesday with testimony from former FBI Director Louis Freeh, Attorney General John Ashcroft and former Attorney General Janet Reno. Thomas Pickard, who served as acting FBI director in the months just before the attacks, and former CIA counterterrorism center director Cofer Black also were scheduled to testify.

Aides to Ashcroft said he wanted to rebut criticism that he was more focused on issues such as illegal drugs and gun crimes than terrorism before the attacks. They pointed to a May 9, 2001, Senate hearing in which Ashcroft testified his agency had "no higher priority" than protecting against terrorist attacks.

Jamie Gorelick, a Democratic member of the commission and deputy attorney general in the Clinton administration, said Tuesday that Ashcroft was sure to come under heavy criticism.

"I think there are some real criticisms of the Department of Justice during that time period," she said on ABC's "Good Morning America."

Former Sen. Slade Gorton, a Republican commission member, said he was dubious of an assertion in a declassified Aug. 6, 2001 presidential daily brief which said the FBI had some 70 terrorism-related investigations of terrorism under way at the time.

"I'll tell you, I don't know what those 70 full field investigations were. That's a comforting statement to make in such a briefing," Gorton told ABC. "And I think it is a very, very significant exaggeration and I certainly want to follow up on it."

In an article in Monday's Wall Street Journal, Freeh said the FBI "relentlessly did its job pursuing terrorists" before the attacks but was hampered by lack of resources and political will.

The hearing follows the weekend release of the August 2001, intelligence memo which also warned that al-Qaida was operating in the United States and might be looking to hijack airplanes. The memo did not provide specific times or places for potential attacks.

President Bush, speaking Monday with reporters at his ranch in Crawford, Texas, repeated his view that the memo was "kind of a history" of Osama bin Laden's intentions but contained no warning that "something is about to happen in America."

"There was nothing in there that said, you know, 'There is an imminent attack,'" Bush said.

The president had said earlier he assumed the FBI was on top of the situation.

Former Rep. Lee Hamilton, D-Ind., the commission's Democratic vice chairman, said Tuesday, "I think the president had a lot of confidence in the people he appointed."

"But in any event, what is very clear is that with all of these investigations going forward by the FBI, the pertinent information did not rise to the top so the top policy-makers could take action," he told CBS's "The Early Show."

Law enforcement officials say the FBI was doing all it could to identify and disrupt terrorists. For example, the FBI in 1999 made counterterrorism a separate division and created a unit to focus on bin Laden.

Freeh said it took the Sept. 11 attacks to make others see the danger posed by al-Qaida.

"The al-Qaida threat was the same on Sept. 10 and Sept. 12," he wrote. "Nothing focuses a government quicker than a war."

Freeh pointed out that the FBI expanded its overseas legal attache offices from 19 to 44 during his tenure, which ended three months before the attacks, and increased the prominence of joint terrorism task forces that include personnel from other agencies.

Freeh also said that at his first meeting with Bush and Vice President Dick Cheney, four days after the new administration took office, they discussed terrorism, al-Qaida and several recent overseas attacks targeting American interests.

But Freeh and Pickard, the interim FBI director in summer 2001, say there were budgetary constraints. For example, Freeh said, the FBI asked for 1,895 special agents, linguists and analysts for counterterrorism in fiscal 2000, 2001 and 2002 - and wound up with just 76.

Still, Sen. Charles Grassley, R-Iowa, said in a letter Monday to current FBI Director Robert Mueller that total FBI spending rose some 132 percent from 1993 to 2003, with counterterrorism requests nearly always met or exceeded.

"Congress consistently granted the FBI huge amounts of money for its counterterrorism mission, often at levels more than the administration was requesting," said Grassley, a senior Judiciary Committee member and frequent FBI critic.

Questions also surround what FBI investigators were doing during the summer of 2001, when intelligence reports indicated that bin Laden's organization was plotting a major attack. Those reports culminated in the Aug. 6 memo, titled "Bin Laden Determined to Strike in U.S."

At the time, according to a congressional investigation into Sept. 11, the FBI's field offices had not made terrorism a top priority and there was only a single strategic analyst focused full-time on al-Qaida at FBI headquarters. Much of the FBI's attention was focused on investigating overseas attacks, such as the October 2000 strike on the USS Cole destroyer at port in Yemen.

©Indiana Printing & Publishing Co. 2004
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