The Nature of Intelligence Investigations

If, during the preliminary inquiry, the investigating agents find probable cause that a crime has been committed, the FBI will open a full-fledged criminal investigation into the case, similar to what we saw in the case of Luqman Ameen Abdullah and his followers in Detroit.

One of the large problems in national security investigations is separating the wheat from the chaff. Many leads are based on erroneous information or a misidentification of the suspect — there is a huge issue associated with the confusion caused by the transliteration of Arabic names and the fact that there are many people bearing the same names. Jihadists also have the tendency to use multiple names and identities. And there are many cases in which people will falsely report a person to the FBI out of malice. Because of these factors, national security investigations proceed slowly and usually do not involve much (if any) contact with the suspect and his close associates. If the suspect is a real militant planning a terrorist attack, investigators do not want to tip him off, and if he is innocent, they do not want to sully his reputation by showing up and overtly interviewing everyone he knows. Due to its controversial history of domestic intelligence activities, the FBI has become acutely aware of its responsibility to protect privacy rights and civil liberties guaranteed by the Constitution and other laws.

And the rights guaranteed under the Constitution do complicate these national security investigations. It is not illegal for someone to say that Muslims should attack U.S. troops due to their operations in Iraq and Afghanistan, or that more Muslims should conduct attacks like the June 1 shooting at a recruiting center in Little Rock, Ark. — things that Hasan is reported to have said. Radical statements and convictions are not illegal — although they certainly would appear to be conduct unbecoming a U.S. Army officer. (We will leave to others the discussion of the difficulties in dealing with problem officers who are minorities and doctors and who owe several years of service in return for their education.)

There are also many officers and enlisted soldiers in the U.S. Army who own personal weapons and who use them for self-defense, target shooting or hunting. There is nothing extraordinary or illegal about a U.S. Army major owning personal weapons. With no articulable violation of U.S. law, the FBI would have very little to act upon in a case like Hasan’s. Instead, even if they found cause to extend their preliminary inquiry, they would be pretty much limited to monitoring his activities (and perhaps his communications, with a court order) and waiting for a law to be violated. In the Hasan case, it would appear that the FBI did not find probable cause that a law had been violated before he opened fire at Fort Hood. Although perhaps if the FBI had been watching his activities closely and with an eye toward “the how” of terrorist attacks, they might have noticed him conducting preoperational surveillance of the readiness center and even a dry run of the attack.

Of course, in addition to just looking for violations of the law, the other main thrust of a national security investigation is to determine whom the suspect is connected to and whom he is talking to or planning with. In past cases, such investigations have uncovered networks of jihadist actors working together in the United States, Canada, Europe and elsewhere. However, if all Hasan did in his correspondence with people such as al-Awlaki was exercise his First Amendment right to hold radical convictions, and if he did not engage in any type of conspiracy to conduct an attack, he did not break the law.

Another issue that complicates national security cases is that they are almost always classified at the secret level or above. This is understandable, considering they are often opened based upon intelligence produced by sensitive intelligence programs. However, this classification means that only those people with the proper clearance and an established need to know can be briefed on the case. It is not at all unusual for the FBI to visit a high-ranking official at another agency to brief the official on the fact that the FBI is conducting a classified national security investigation involving a person working for the official’s agency. The rub is that they will frequently tell the official that he or she is not at liberty to share details of the investigation with other individuals in the agency because they do not have a clear need to know. The FBI agent will also usually ask the person briefed not to take any action against the target of the investigation, so that the investigation is not compromised. While some people will disagree with the FBI’s determination of who really needs to know about the investigation and go on to brief a wider audience, many officials are cowed by the FBI and sit on the information.

Of course, the size of an organization is also a factor in the dissemination of information. The Department of Defense and the U.S. Army are large organizations, and it is possible that officials at the Pentagon or the Army’s Criminal Investigation Command (still known by its old acronym CID) headquarters at Fort Belvoir, Va., were briefed on the case and that local officials at Fort Hood were not. The Associated Press is now reporting that the FBI had alerted a Defense Criminal Investigative Service agent assigned to the Joint Terrorism Task Force (JTTF) in Washington about Hasan’s contacts with al-Awlaki, and ABC reports that the Defense Department is denying the FBI notified them. It would appear that the finger-pointing and bureaucratic blame-shifting normally associated with such cases has begun.

Even more severe problems would have plagued the dissemination of information from the CIA to local commanders and CID officers at Fort Hood. Despite the intelligence reforms put in place after the 9/11 attacks, the U.S. government still faces large obstacles when it comes to sharing intelligence information with law enforcement personnel.

Criminal Acts vs. Terrorism
So far, the Hasan shooting investigation is being run by the Army CID, and the FBI has been noticeably — and uncharacteristically — absent from the scene. As the premier law enforcement agency in the United States, the FBI will often assume authority over investigations where there is even a hint of terrorism. Since 9/11, the number of FBI/JTTF offices across the country has been dramatically increased, and the JTTFs are specifically charged with investigating cases that may involve terrorism. Therefore, we find the FBI’s absence in this case to be quite out of the ordinary.

However, with Hasan being a member of the armed forces, the victims being soldiers or army civilian employees and the incident occurring at Fort Hood, the case would seem to fall squarely under the mantle of the Uniform Code of Military Justice (UCMJ). From a prosecutorial perspective, a homicide trial under the UCMJ should be very tidy and could be quickly concluded. It will not involve all the potential loose ends that could pop up in a federal terrorism trial, especially when those loose ends involve what the FBI and CIA knew about Hasan, when they learned it and who they told. Also, politically, there are some who would like to see the Hasan case remain a criminal matter rather than a case of terrorism. Following the shooting death of Luqman Ameen Abdullah and considering the delicate relationship between Muslim advocacy groups and the U.S. government, some people would rather see Hasan portrayed as a mentally disturbed criminal than as an ideologically driven lone wolf.

Despite the CID taking the lead in prosecuting the case, the classified national security investigation by the CIA and FBI into Hasan and his possible connections to jihadist elements is undoubtedly continuing. Senior members of the government will certainly demand to know if Hasan had any confederates, if he was part of a bigger plot and if there are more attacks to come. Several congressmen and senators are also calling for hearings into the case, and if such hearings occur, they will certainly produce an abundance of interesting information pertaining to Hasan and the national security investigation of his activities.

The Jihadist Strategic Dilemma

As we have discussed, the primary U.S. interest in this region is twofold. The first aspect is to prevent the organization of further major terrorist attacks on the United States. The second is to prevent al Qaeda and other radical Islamist groups from taking control of any significant countries.

U.S. operations in this region mainly consist of spoiling attacks aimed at frustrating the jihadists’ plans rather than at imposing Washington’s will in the region. The United States lacks the resources to impose its will, and ultimately doesn’t need to. Rather, it needs to wreck its adversaries’ plans. In both Afghanistan and Iraq, the primary American approach consists of this tack. That is the nature of spoiling attacks. Obama has thus continued the Bush administration’s approach to the war, though he has shifted some details.
The Jihadist Viewpoint
It is therefore time to consider the war from the jihadist point of view. This is a difficult task given that the jihadists do not constitute a single, organized force with a command structure and staff that could express that view. It is compounded by the fact that al Qaeda prime, our term for the original al Qaeda that ordered and organized the attacks on 9/11 and in Madrid and London, is now largely shattered.

While bearing this in mind, it must be remembered that this fragmentation is both a strategic necessity and a weapon of war for jihadists. The United States can strike the center of gravity of any jihadist force. It naturally cannot strike what doesn’t exist, so the jihadist movement has been organized to deny the United States that center of gravity, or command structure which, if destroyed, would leave the movement wrecked. Thus, even were Osama bin Laden killed or captured, the jihadist movement is set up to continue.

So although we cannot speak of a jihadist viewpoint in the sense that we can speak of an American viewpoint, we can ask this question: If we were a jihadist fighter at the end of 2009, what would the world look like to us, what would we want to achieve and what might we do to try to achieve that?

We must bear in mind that al Qaeda began the war with a core strategic intent, namely, to spark revolutions in the Sunni Muslim world by overthrowing existing regimes and replacing them with jihadist regimes. This was part of the jihadist group’s long-term strategy to recreate a multinational Islamist empire united under al Qaeda’s interpretation of Shariah.

The means toward this end involved demonstrating to the Muslim masses that their regimes were complicit with the leading Christian power, i.e., the United States, and that only American backing kept these Sunni regimes in power. By striking the United States on Sept. 11, al Qaeda wanted to demonstrate that the United States was far more vulnerable than believed, by extension demonstrating that U.S. client regimes were not as powerful as they appeared. This was meant to give the Islamic masses a sense that uprisings against Muslim regimes not dedicated to Shariah could succeed. In their view, any American military response — an inevitability after 9/11 — would further incite the Muslim masses rather than intimidate them.

The last eight years of war have ultimately been disappointing to the jihadists, however. Rather than a massive uprising in the Muslim world, not a single regime has been replaced with a jihadist regime. The primary reason has been that Muslim regimes allied with the United States decided they had more to fear from the jihadists than from the Americans, and chose to use their intelligence and political power to attack and suppress the jihadists. In other words, rather than trigger an uprising, the jihadists generated a strengthened anti-jihadist response from existing Muslim states. The spoiling attacks in Afghanistan and Iraq, as well as in other countries in the Horn of Africa and North Africa, generated some support for the jihadists, but that support has since diminished and the spoiling attacks have disrupted these countries sufficiently to make them unsuitable as bases of operation for anything more than local attacks. In other words, the attacks tied the jihadists up in local conflicts, diverting them from operations against the United States and Europe.

Under this intense pressure, the jihadist movement has fragmented, though it continues to exist. Incapable of decisive action at the moment, it has goals beyond surviving as a fragmented entity, albeit with some fairly substantial fragments. And it is caught on the horns of a strategic dilemma.

Operationally, jihadists continue to be engaged against the United States. In Afghanistan, the jihadist movement is relying on the Taliban to tie down and weaken American forces. In Iraq, the remnants of the jihadist movement are doing what they can to shatter the U.S.-sponsored coalition government in Baghdad and further tie down American forces by attacking Shiites and key members of the Sunni community. Outside these two theaters, the jihadists are working to attack existing Muslim governments collaborating with the United States — particularly Pakistan — but with periodic attacks striking other Muslim states.

These attacks represent the fragmentation of the jihadists. Their ability to project power is limited. By default, they have accordingly adopted a strategy of localism, in which their primary intent is to strike existing governments while simultaneously tying down American forces in a hopeless attempt to stabilize the situation.

The strategic dilemma is this: The United States is engaged in a spoiling action with the primary aim of creating conditions in which jihadists are bottled up fighting indigenous forces rather than being free to plan attacks on the United States or systematically try to pull down existing regimes. And the current jihadist strategy plays directly into American hands. First, the attacks recruit Muslim regimes into deploying their intelligence and security forces against the jihadists, which is precisely what the United States wants. Secondly, it shifts jihadist strength away from transnational actions to local actions, which is also what the United States wants. These local attacks, which kill mostly Muslims, also serve to alienate many Muslims from the jihadists.

The jihadists are currently playing directly into U.S. hands because, rhetoric aside, the United States cannot regard instability in the Islamic world as a problem. Let’s be more precise on this: An ideal outcome for the United States would be the creation of stable, pro-American regimes in the region eager and able to attack and destroy jihadist networks. There are some regimes in the region like this, such as Saudi Arabia and Egypt. The probability of creating such stable, eager and capable regimes in places like Iraq or Afghanistan is unlikely in the extreme. The second-best outcome for the United States involves a conflict in which the primary forces battling — and neutralizing — each other are Muslim, with the American forces in a secondary role. This has been achieved to some extent in Iraq. Obama’s goal is to create a situation in Afghanistan in which Afghan government forces engage Taliban forces with little or no U.S. involvement. Meanwhile, in Pakistan the Americans would like to see an effective effort by Islamabad to suppress jihadists throughout Pakistan. If they cannot get suppression, the United States will settle for a long internal conflict that would tie down the jihadists.

A Self-Defeating Strategy
The jihadists are engaged in a self-defeating strategy when they spread out and act locally. The one goal they must have, and the one outcome the United States fears, is the creation of stable jihadist regimes. The strategy of locally focused terrorism has proved ineffective. It not only fails to mobilize the Islamic masses, it creates substantial coalitions seeking to suppress the jihadists.

The jihadist attack on the United States has failed. The presence of U.S. forces in Iraq and Afghanistan has reshaped the behavior of regional governments. Fear of instability generated by the war has generated counteractions by regional governments. Contrary to what the jihadists expected or hoped for, there was no mass uprising and therefore no counter to anti-jihadist actions by regimes seeking to placate the United States. The original fear, that the U.S. presence in Iraq and Afghanistan would generate massive hostility, was not wrong. But the hostility did not strengthen the jihadists, and instead generated anti-jihadist actions by governments.

From the jihadist point of view, it would seem essential to get the U.S. military out of the region and to relax anti-jihadist actions by regional security forces. Continued sporadic and ineffective action by jihadists achieves nothing and generates forces with which they can’t cope. If the United States withdrew, and existing tensions within countries like Egypt, Saudi Arabia or Pakistan were allowed to mature undisturbed, new opportunities might present themselves.

Most significantly, the withdrawal of U.S. troops would strengthen Iran. The jihadists are no friends of Shiite Iran, and neither are Iran’s neighbors. In looking for a tool for political mobilization in the Gulf region or in Afghanistan absent a U.S. presence, the Iranian threat would best serve the jihadists. The Iranian threat combined with the weakness of regional Muslim powers would allow the jihadists to join a religious and nationalist opposition to Tehran. The ability to join religion and nationalism would turn the local focus from something that takes the jihadists away from regime change to something that might take them toward it.

The challenge here is that the jihadists have created a situation in which they have defined their own credibility in terms of their ability to carry out terrorist attacks, however poorly executed or counterproductive they have become. Al Qaeda prime’s endless calls for action have become the strategic foundation for the jihadists: Action has become an end in itself. The manner in which the jihadists have survived as a series of barely connected pods of individuals scattered across continents has denied the United States a center of gravity to strike. It has also turned the jihadists from a semi-organized force into one incapable of defining strategic shifts.

The jihadists’ strategic dilemma is that they have lost the 2001-2008 phase of the war but are not defeated. To begin to recoup, they must shift their strategy. But they lack the means for doing so because of what they have had to do to survive. At the same time, there are other processes in play. The Taliban, which has even more reason to want the United States out of Afghanistan, might shift to an anti-jihadist strategy: It could liquidate al Qaeda, return to power in Afghanistan and then reconsider its strategy later. So, too, in other areas.

From the U.S. point of view, an open retreat by the jihadists would provide short-term relief but long-term problems. The moment when the enemy sues for peace is the moment when the pressure should be increased rather than decreased. But direct U.S. interests in the region are so minimal that a more distant terrorist threat will be handled in a more distant future. As the jihadists are too fragmented to take strategic positions, U.S. pressure will continue in any event.

Oddly enough, as much as the United States is uncomfortable in the position it is in, the jihadists are in a much worse position.

U.S., Yemen: Lessons From a Failed Airliner Bombing

Since his arrest, Abdulmutallab reportedly has been talking with the authorities, allegedly stating that he was armed and dispatched on his mission by al Qaeda in the Arabian Peninsula (AQAP). According to statements by Abdulmutallab’s family, the young man reportedly went to Yemen after becoming radicalized, and his militant ideology and disappearance a few months ago had caused the family to report him to the Nigerian security service and foreign security services — including the United States’. Abdulmutallab had studied mechanical engineering in the United Kingdom, and was supposed to be attending graduate school in Dubai when he reportedly moved to Yemen to study Shariah and cut off contact with his family. In spite of his family’s warning to the authorities, Abdulmutallab’s name was not added to the U.S. government’s no-fly list.

This attack bears several similarities with Reid’s attempt. Reid’s device reportedly contained a main charge of approximately 4 ounces of PETN to be detonated (though it also failed) on a U.S.-bound aircraft over the Christmas holidays. An FBI laboratory test of a replica of Reid’s shoe bomb device showed it could have caused catastrophic damage to a wide-bodied aircraft had it detonated.

That AQAP should be involved in such a plot to attack an aircraft using an IED design should come as no surprise. STRATFOR first noted in September that the group had demonstrated it was using innovative bombmaking methods that threaten aviation security, and the group claimed responsibility for the attempted Christmas attack in a statement posted to a Jihadist Web site on Dec. 28.

Since Abdulmutallab was the only operative dispatched with such a device on Christmas, the operation probably was a proof-of-concept mission, similar to the bombing of Philippine Airlines Flight 434 by Abdul Basit on Dec. 11, 1994, or the shoe bombing attempt by Richard Reid on Dec. 23, 2001. Had Abdulmutallab’s attempt destroyed the aircraft, it could have taken months or even years for the authorities to determine the type of device used, as was the case with Pan Am Flight 103 — and the authorities might never have figured it out. As seen with the mysterious crash of Air France Flight 447 on June 1, 2009, determining what caused an aircraft to break up in flight is difficult.

If Abdulmutallab’s attack was a trial run, it is likely that other attacks with that type of device would have been conducted had it succeeded. Like Reid’s failed shoe bomb attack, however, the failure of Abdulmutallab’s device has alerted the authorities to this specific method of hiding the IED — and has likely sent the bombmaker back to the drawing board to find a more reliable design and another method of concealment.