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TEAM
6
QUESTIONS
FORATTORNEY GENERAL JOHN
ASHCROFT
(What
follows
are
questions
that are not
included
in the
questions
that we
understand
Dan
alreadyintends
to ask
about
issues
such
as
Ashcroft's
involvement
in the
immediate
response
and his
actions
with
respect
to
foreign
nationals
in theUnited
States.
We are
interested
in theanswersto
many
of
these questions
as
well.)
I.
Top
Priority
Questions
(Le.,
questions
for
which
his
perspective
is
unique
and
required)
A.
Factual/Chronological Questions
You
becarfte^ttorneyGeneral afewshort
months-after
theCole Bombing.
What
were
you
briefed
on
regarding
responsibiUfy^ftfrthe
Cole Bombing when
you
assumed
office?
Did
you receive anyspeetafbrieftngs^egardingthe al
Qaeda
organization and itspotential threat
tp^US
interests when
you~~a&SMmed
office?
From whom
and
when?
What
did
you understand to be the threat from al
Qaeda^o
the U.S. at that time?
Did
you takeany
specific
action regarding this threatin the
monms^ading
up to
9/11?
The
volume
of
threats
rose
to an
extraordinary
level
during
the
spring
and
summer
of
2001. To
what
extent
were
you involved
and
paiQiiyale-ia-the
relevantPrincipals'/SmallGFegyraectingo
during that period? What information
did you
receive about
the
increased
"chatter"
during this period
and who
provided
it toyou?
What,
if
anything,
did
you do in response to this
information?
Did you take any action orprovide any direction to the FBI regarding what actions it should take in response to theheightened threat level?
If
so, did you provide that direction verbally or in writing and towhom
was it
provided?
Do you recall
wriaTtrtfeaXcirculars
and
advisories
the
Principals
directed-ftrbe sent out to
the
FAA, Customs,
Coast GuardpINS^
state
and
local
authorities, and
others
during
thespring/summer
2001
threat period?
Did you provide
any-advice
or direction as to what
informatio^T^hrnM-he^disseminated
and to
whidfjagencies
it should be given? Did you or
your
staff
provide counsel as towhat should or should not be said in any such advisories?
Were you
aware
of the
search
for
Khalid Almihdhar
and
Nawaf Alhazmi
in the
UnitedStates
prior
to
9/11
? If so, how did you
learn about
it and
what action
did you
take
in
response
to
this information?
The
search for Khalid Almihdhar and
Nawaf
Alhazmi in the
United
States
prior
to 9/11has been heavily criticized because it was severely constrained by the perceived wallbetween intelligence and criminal investigations.
Did
your
office
get involved in anydiscussions whether the search could be conducted by criminal agents or whether the
information
had toremain solelyon theintel side
of
thewatt?
Were
youaware
of
theexistence
of
the so-called wall between intelligence and criminal functions
prior
to
9/11?
 
If
so,
did
you undertake any action to
redefine
the wall
prior
to
9/11? There
werenumerous complaints thattheAttorney General Guidelines pre-9/11
unfairly
hinderedthe FBI's ability
to
investigate potential terrorists, including
the
stringent limits
on
preliminary inquiries.
Did
you
undertake
any
review
of
these rules
prior
to
9/11?
During
the
period
after
Director Louis Freeh
left
the FBI and
before Director Muellerassumed control,
who did you
view
to be
running
the FBI and who wassettingitscounterterrorism
priorities?
What
role,
if
any,
did the
Department
of
Justice
- and you in
particular
-
play
in
leading
the
Bureau during
this
period
of
increased threats?
What
did
you
know about
how the FBI was
responding
to
these
threats?
Did you
undertake
any
review
of
the
FBI's counterterrorism policies
prior
to
9/11?
In
"/]
light
of
thehigh threat level overthecourse
of
the
Spring
andSummer,howmuch timewere
you
spending
on
counterterrorism issues?
Director
Mueller
was
nominated
by the
President
on
July
5,
2001
and
confirmed
on
August2, 2001. Howmuchinteraction did you
have
with Mueller
during
thesummerof
2001
and
what
did
that
interaction
consist
of?
To
what
extent doesthe
Department
set
priorities
and
give strategic
directionfor the
FBI's
various
law
enforcement
and investigative
programs?
Did
you
have
any
discussions with
or
provide
any
directibn^to
the
FBI
prior
to
9/11regarding its respective priorities?
Ifsoi
what direction
dicTyou
give it and what action
did
it take in response?
In
the
months
prior to
September
11,
what budget
requests
did the FBI
submit
to
support
its
counterterrorism mission
and
what
was the Department's
response?
Did the Department agree with the requests and the priorities as
defined
by the FBI?
Were
thereanyparticular disagreements withthe FBIrequestand
if
so,what were
they
and how were
they
handled?
Immediately
following
September 11,
what
directions
did you
give
your
subordinates
with
respectto
pulling
togetherthe
legislative
proposal
that eventually
became
the USA
PATRIOT
Act and how
quickly
did you do
this?
Who
provided you advice as to what changes were needed in the laws and how best toaccomplish the necessary changes?
Did^QLC^rovide
any advice as to whether theproposed changes posed
any
constitutional impediments?
j
 
It
has
been reported that certain Saudi citizens were permitted
to
leave
the
United Statesshortly
after
9/11
[on
September
16?].
Who
made
the
decision
to
permit them
to
leave?Were they questioned
by the FBI
before they
left?
Is
there
any
indication based upon
the
extensive
factfinding
that
has
taken place since
9/11
that permitting them
to
leavecompromised
the
government's investigation?Please describe
the
process
by
which
the
Department evaluates
cases
and
provides advice
to the
President with respect
to the
determination
of
whether
to
deem
an
individual
an
"enemy
combatant."
Has the
Department's view
on
these questions consistentlyprevailed?
Have
you
provided advice
to the
President
as to
whether particular individuals should
be
prosecuted criminally versus being designated
as
enemy combatants?
What
are the
primary
criteria
you
would
apply
to
such decisions?
The
FBI has
complained that
it has
routinely
been denied access
to
detainees held
overseas.
This
has
been partly attributed
to
the
fact that
the
interrogators wish
to use
"special
techniques
"
that Director Mueller
has
decided
it
would
be
inappropriate
for
FBI
agents
to
participate
in. To
what extent,
if
at
all, have
you
been involved
in
determining
whether
and to
what extent
use of
"special
techniques
"
is
appropriate
for
particular detainees?
Have
you
been involved
in
determining whether
FBI
personnel
should
have access
to the
detainees?
Is it in the
U.S. government's interest that
investigators who
have been following
and
studying these
individuals
for
years,
whoknow
a
great deal about them,
and who areexperienced
interrogators
in
their
own
rights
should
be
precluded
from
participating
in the
interrogation process?
How do we
best
ensure
that
the
best people
are
involved
in the
interrogation process?
B.
Operational/Policy Questions
""
\w
Enforcement
and
Domestic Intelligence
Collectio
having
law
enforcement agencies
act as
domestic intelligence collectors
is a
good policybecause
law
enforcement powers, particularly
the
threat
of
criminal prosecution, give
law
enforcement agencies
an
ability
to
compel information that intelligence agencies lack.Other experts argue that intelligence collection
and law
enforcement
are
very different,
and a
focus
on
prosecution
and the
collection
of
admissible evidence
for
trial hampers
law
enforcement agencies that also collect intelligence.
Do you
have specific views
onthe
ability
of the FBI to
perform domestic intelligence collection while also acting
as our
country's lead federal
law
enforcement agency? Should
the counterterrorism
intelligence
function
be
taken
out of the
FBI?
What
are the
strongest reasons
you can
give
for why the FBI
should retain
the
domestic
intelligence
function?
Is
there
any
point
at
which
you
believe
the 4
th
Amendment's
constraints
counsel for a
separate agency that does
not
have
to
operate
as a law
enforcement
agency must operate?
What
are the
strongest reasons
why we
should create
of 00

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