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QUESTIONS
FOR
COMMISSION MEETINGWITH FBI DIRECTOR ROBERT MUELLER
MARCH
30,2004
The
FBI's Shift from Reactive
to
Proactive/Preventative
After
the
September
11
attacks,
you
made
a
number
of
statements indicating that
the
FBI's focus would be shifting
from
reactive
to
proactive
and preventative. What, in youropinion, are the most important steps the FBI has taken at this point in its
efforts
to make
this
shift?
What are the greatest obstacles that still remain?
Which
of the
following
statementsdo youagree with:
• The FBI has
adopted
a
more aggressive
law
enforcement approach towardcounterterrorism;
• The FBI has
adopted
anintelligence
approach toward counterterrorism;
• The FBI is
becoming
the
nation's domestic intelligence agency;
• The FBI is the
nation's premier
law
enforcement agency.
Can
all of these statements be true at the same time? Are you trying to remake the FBI
into
a
domestic
intelligence
agency
or
something
else?
After
the
September
11
attacks,
the
Department
of
Justice made clear that
it
would
be
using
any law
enforcement tool
at its
disposal
to
target individuals with
suspected
terrorist ties.
For
example, individuals were detained
and
deported
for
very minorimmigration violations. Is this approach still being pursued? Doesn't this approach takea toll on trying to develop longer term counterterrorism investigations that might yield asubstantial bodyofinformation
(i.e.,
intelligence) aboutaterrorist networkoroperation?
You
recently stated in congressional testimony that the FBI has adopted a "new
concept"
for
its criminal investigative mission, saying that "we will
focus
on the threat, not theinstrumentality
of the
crime."
Please
explain
this
change.
How
will you determine you are satisfied that the FBI has implemented all the
reforms
necessarytomaximize capacitytoprevent terrorism? Metrics? Milestones?
Benchmarks?
Deadlines?
FBI
Understanding
of
Terrorist Threat
in the
United States
What
evidence can you provide
that
shows the FBI has made progress since theSeptember
11
attacks in understanding terrorist elements and terrorist threats within the
United
States?
 
What
are the
biggest intelligence gaps remaining,
in
terms
of the
FBI's understanding
of
these issues,
as
they present themselves within
the
United States?
How
successful has the FBI been in developing sources in radical Islamic communities inthe United States since the September
11
th
attacks? How many more
sources,
informants
or
cooperating witnesses doesthe FBIhavenowthanit had in
2001?
Domestic Intelligence Structure/Cooperation with Federal Agencies
Separate
career
track:
Some have suggested having a separate career track for agentsworking counterterrorism and counterintelligence matters, so that there could be a cadreof agents with significant counterterrorism expertise.
Do you
think this
is a
reasonablesuggestion?
Expertise:
Does the FBI currently have an adequate cadre of agents with broad and deepcounterterrorism experience,
who
could reasonably
be
considered "terrorism
experts?"
Does
the
turnover among
CT
supervisory agents
at
headquarters undercut
the
ability
of
the FBI to develop a centralized national CT program?
Service
within a
Service:
Should the FBI have a special cadre of agents, analysts,translatorsandsurveillance personnelwhowork togetheras a
"service
withinaservice"on counterterrorism matters?
Terrorist Threat
Integration
Center:
Is the TTIC entity adequate to ensure
"seamless"
information
analysis and sharing between the FBI, CIA, and other intelligence agencies?
Co-location:
What will
be the
impact
of
moving
the
Counterterrorism
Division
(CTD)outof FBIheadquartersto a newlocation withthe
DCI's
Counterterrorist Center (CTC)andthe Terrorist Threat Integration Center
(TTIC)?
What is the current plan andtimetable for this move?
Different
Roles and Missions:
How do you articulate the
different
roles and missions ofthe CTD, CTC, TTIC and the Department of Homeland Security's
Information
Analysisand
Infrastructure
Protection Directorate?
Who
is in
charge?
Should
the DCI
have greater authority over intelligence operationsincluding those of the FBI in order to ensure maximum
efficiency
and effectivenessacross theforeign/domesticdivide? Do we need a Director of National Intelligence toplay this role? Who is accountable to ensure that there are clearly
defined
areas ofresponsibility for TTIC, CIA, FBI and DHS? Should there be a clear lead agency toanalyze the terrorist threat? Should there be a clear lead agency to run allcounterterrorism operations?
 
CIA
Information
Sharing:
Is the CIA
fully
sharing information derived from its overseasoperations, and particularly from detainee interrogations, with the FBI on a timely basis?Has the FBI been able to use this information in pursuing terrorist suspects within theUnited States?
Classified
programs:
Please describe examples of cooperation between the FBI and theintelligence community that
is
making
a
difference
in the
effort
against terrorism that
you
would
not be
able
to
discuss
in
public.
Please
describe
the
process
for
joint CIA-FBIoperationswithin the United States.
Hazmi-Midhar:
What specific changes have been made
at CIA and FBI to
ensure thatthe way the al-Hazmi and al-Midhar events
unfolded
in 2001 never happens again?
Terrorist
Screening
Center:
Whatis thestatusof theTerrorist Screening Center?Whydid
it not
play
an
active role
in the
actions taken over
the
Christmas holidays with
respect
to theentryof air flights fromLondonandParis?
Alien Smuggling:
What contribution
is the FBI
making
to
interagency
efforts
to
stop
aliensmuggling?
How is the FBI
assisting
in
efforts
to
stop those
who
provide
false
documentsandother meansto
facilitate
terrorist mobility?
AUSA
Coordination:
How well are the various U.S. Attorney
Offices
coordinated with
the FBI field
offices
with respect
to
counterterrorism? How,
if at
all,
has the
level
of
coordination
and
information sharing between Justice
and FBI
headquarters
and field
offices
changed since
9/11?
Arethereanylessonsto belearnedfor the FBI from thecurrent controversy involving the Detroit U.S. Attorney's
Office
and its prosecution of ahigh-level terrorism case?
Civil Liberties
Whatis the extent of the FBI's data mining activities? Is the FBI using the Matrix datamining system that many state governments have dropped because of civil libertiesconcerns?
Does
the FBI
currently have
capabilities
to
analyze large quantities
of
information
on par
with
DBA
capabilities?What did youlearnfromyour meetings withthemembersof the
Markle
Foundation task
force
concerning managing large volumesof
information,
utilizing private sector
data
bases and protecting civil liberties?
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