We are familiar with the FBI special agent from Minneapolis, Coleen
Rowley, who wrote the famous memo relating to Zacarias Moussaoui. She
testified before the Intelligence and Judiciary Committees that she
believed this kind of additional authority not only was warranted but
was necessary for people like her in the field offices to do their work
and she did not believe that would raise any additional questions; that
it was an essential part of the tools the individuals in her position
would need.
Director Mueller of the FBI, as well, indicated in testimony that he
believed the current limited foreign power definition would have made
it difficult for the FBI to secure a FISA warrant against any of the
September 11 hijackers. And in fact he noted to the committee:
Prior to September 11, of the 19 or 20 hijackers, we had
very little information as to any one of the individuals
being associated with a particular terrorist group.
So what this amendment does is deal with two situations. The first is
where you literally have the lone wolf, a terrorist acting on his or
her own behalf unconnected to an international terrorist organization
or foreign power but who is a foreign person in this country planning
to commit an act of terrorism against Americans. That is exactly what
the FISA warrants are supposed to be getting at or are supposed to
enable us to collect information on. Yet under the current statute that
would not be possible. This solves the lone wolf problem.
It also solves the Moussaoui problem, which is the case of an
individual who you think is associated with terrorists but you cannot
prove that, but you definitely have the probable cause to think there
is an act of terror being planned and, therefore, you seek the warrant.
It would be authorized under the foreign persons provision we are
adding, and you then could connect the individual to an international
terrorist organization or foreign power. That is what eventually
occurred with respect to Moussaoui.
The point is, we are no longer just looking at the FISA warrant to
prosecute someone for a crime that has been committed. The entire
effort of the Congress, the intelligence community, and the
administration after September 11 was to add a mission as a superior
mission to the law enforcement after-the-fact-prosecution-of-crime
mission of the FBI, and that new mission was to try to prevent or
preempt crimes from occurring in the first instance. So the FBI has
been reorganized to go out and seek information on potential terrorists
and be able to prevent the terrorist attack before it occurs.
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