Pages

Thursday, February 3, 2011

A Special Report by Joseph I. Lieberman, Chairman Susan M. Collins, Ranking Member

A TICKING TIME BOMB
COUNTERTERRORISM LESSONS FROM THE U.S. GOVERNMENT’S
FAILURE TO PREVENT THE FORT HOOD ATTACK

U.S. Senate Committee on Homeland Security and Governmental Affairs
Washington D.C. 20510
February 2011


This the executive summary 



On November 5,  2009, a  lone attacker strode  into  the deployment center at  Fort Hood, 
Texas.  Moments later,  13  Department of Defense (DoD) employees were dead and another 32 were wounded  in  the worst terrorist attack on U.S. soil  since September  I I, 200 I . 
The U.S.  Senate Committee on Homeland Security and Governmenta l Affairs launched 
an  investigation of the events preceding the attack wi th  two purposes:  (I) to assess the 
informat ion  that  the U.S. Government possessed prior to  the attack and  the actions that  it took or failed  to take  in  response to  that  infonnation; and (2)  to  ident ify  steps necessary to protect the United States against  future acts of terrorism by homegrown violent  Islami st extremists.  This investigation  flows  from the Committee's four-year, bipartisan review of the threat of violent Islamist extremism to our home land wh ich  has  included numerous bri efings, hearings, consultations,  and  the publicat ion of a staff report  in  2008 concerning the  internet and  terrorism. 
In our investiga tion of the Fort Hood attack, we have been cogn izant of the record of 
success by 000 and  the Federal Bureau of Investigation  (FBI) in  the  ten years since 9/ 11.  We recognize that detection and  interdiction  of lone wol f terrori sts  is one of the most difficult 
challenges  facing our law enforcement and  intelligence agencies.  Every day, these agencies are presented wi th myriad  leads that require the exercise of sound j udgment to determine which to pursue  and which to close out.  Leaders must allocate their time, attention, and  inherently limited resources on the highest priori ty cases.  In  addit ion,  the  individua l accused of the Fort Hood attack, Army Major Nidal Ma lik Hasan,  is  a U.S. citizen.  Even where there  is  evidence that a U.S.  cit izen may be radicalizing,  the Constitution appropriately limits the act ions that government can  take. 
In present ing our findings and recommendations below, we are gratefu l for  the service 
given by our nation 's mili tary,  law enforcement,  and  intelligence personnel.  Our aim  in this 
investigati on was not to single out  individua l negli gent judgment;  such instances are  for the 
agenc ies to deal with, as appropriate. Nor do we seek  to second-guess reasonable judgments. 
Instead, we act under our Const itutional duty  to oversee the Executive Branch's pcrfonnance and thus to detennine - independently from  the Executive Branch's own assessment - what, ifany, systemic  issues are exposed by  the Hasan case.  The specific  facts uncovered by the Committee's investigation necessarily  led  us to  focus our key findings and  recommendations on 000 and  the FBI.  But  the Hasan case also evidences the need  for a more comprehensive and coordinated approach to counterradicalization and homegrown terrorism across a ll  agencies,  including federal,  state, and  local  entities, wh ich are critical to keeping our country safe. 
Our basic  conclusion  is  as  follows:  Although neither 000 nor the FBI had  specific 
informat ion  concerning the  time, place, or nature of the attack, they collecti vely had suffic ient 
information  to  have detected Hasan's radica lization  to  violent  Islamist extremism but  failed both to understand and  to act on  it.  Our investigat ion  found  specific and systemic  fai lures  in  the government's handling of the Hasan case and raises additional concerns about what may be 
broader systemic  issues. 
Both the  FBI and 000 possessed  information  indicating Hasan's radicalization to violent 
Islamist extremism.  And, to  the  FBI's credit,  it fl agged Hasan  from among the chaff of 

intell igence coll ection  for  additional  scrutiny.  However,  the FBI  and DoD  together  fai led  to 
recogni ze and  to  link  the information  that they  possessed about Hasan: ( I ) Hasan was a military officer who li ved under a regimented system with strict officership and security standards, standards which his behavior during his military medical  training violated; and (2) the 
government  had  [REDACTED] communicat ions from Hasan to a suspected  terrorist, 
[REDACTED], who was  in volved  in  ant iwAmerican acti vities and  the subject of an  unrel ated FBI terrorism in vestigation.  Thi s  individual will  be  referred to as the "Suspected Terrori st"  in  this report. I  Although both  the public and  the private signs of Hasan's radicalizat ion to  violent Islami st extremi sm while on acti ve duty were known  to government official s, a string of failures 
prevented these officials from intervening against him  pri or to  the attack. 
•  Evidence of Hasan's radicali zati on to violent  Islamist extremism was on  full  display  to 
hi s superiors and coll eagues during his military medical  training.  An  instructor and a 
coll eague  each referred to Hasan as a "ticking time bomb."  Not only was no action  taken 
to di scipline or di scharge him, but  al so his Officer Evaluation Report s sanitized hi s 
obsession wi th  violent  Islamist extremism into praiseworthy research on 
counterterrorism. 
•  FBI Joint Terrorism Task Forces (JTfFs) are units in FBI  field offices that conduct 
counterterrori sm investigations and are  staffed  by  FBI  agents and employees from  other 
federa l, state, and  local agencies.  A JTTF learned  that Hasan was  communicating with 
the Suspected Terrori st,  flagged Hasan's initial  [REDACTED] communicat ions  for 
further review, and  passed them  to a second JTTF  for an  inquiry.  However, the ensuing 
inquiry  fai led  to identi fy  the  totality of Hasan's communications and  to  inform Hasan's 
mi li tary chain of command and Army  security officials of the fact that he was 
communicating with a suspected violent  Islamist extremi st - a shocking course of 
conduct for a U.S. mi li tary officer.  Instead, the JTTF  inquiry relied on Hasan's erroneous 
Officer Evaluation Reports and  ult imately dismissed his communi cat ions as legitimate 
research. 
•  The JTTF  that had reviewed the  initial  [REDACTED] communications di smi ssed the 
second  JTTF's work as "slim" but eventually dropped  the matter rather than cause a 
bureaucratic confrontation.  The JTTFs now even dispute  the extent to which they were 
in  contact with  each other in  this case.  Nonetheless,  the JTTFs never raised the dispute to 
FBI  headquarters  for  resolution, and entit ies  in FBI headquarters responsibl e for 
coordination among  fi eld offices never acted.  As a result, the FBI's inquiry  into Hasan 
ended premature!y. 
As noted, DoD possessed compelling evidence that Hasan embraced views so extreme 
that  it  should have discipl ined him or discharged him from the military,  but DoD failed to  take 
action against him.  Indeed, a number of poli cies on commanders' authori ty, extremism, and 
1 The redact ions in  this  report were  requi red by  the  Intelligence Community pursuant to Executive Branch classifical ion policies and are  the  result of intensive negotiations spanning three months.  We  take issue with  the extent of these redact ions, some of wh ich we believe are unjustified, but we have consented to  them  in order to produce  this  report in a timely manner. 

personnel gave supervisors  in  his chain of command the authority to  take such actions.  It is clear from  this failure that 000 lacks the  institutional culture, through updated policies and  training, sufficient to  inform commanders and all  levels of service members how to  identify radicalization to  violent Islamist extremism and to dist inguish th is ideology from  the peaceful practice of Islam. 
To address this  failure,  the Department  of Defense shou ld confront  the threat of 
radicali zati on to  violent  Islami st extremism among servicemembers explicitly and direct ly and strengthen associated  policies and  training.  000 launched  an  extensive  internal  review after the Fort Hood attack by commissioning a review  led by  two  former senior DOD officials (former Army Secretary Togo West and ret ired Chief of Naval Operations Admiral Vern Clark) and requiring multiple reviews across the Military Services of force protection and  related issues. 
DOD has also  inst ituted a regimented process  for  instituting and monitoring  implementation of recommendat ions  from  these reviews, which  included two memoranda  from Secretary of 
Defense Robert Gates assessing and adopting particular recommendations  from  the West/Clark review.  However, 0 00  - including Secretary Gates's memoranda - still  has not speci fically named  the  threat  represented by the  Fort Hood attack as what it is:  violent  Islami st extremism. 
Instead, DoD's approach subsumes  thi s threat within workplace violence or undefined "violent 
extremism" more generall y.  DoD's  failure  to  identify  the threat of violent  Islamist extremism 
expl ici tl y and directly confli cts with DoD's hi story of directl y confronting white supremacism 
and other threatening activity among servicemembers.  DoD should revise its poli cies and 
training  in  order to confront the  threat of violent  Islamist extremism directly. 
More specifically, DoD should update  its policies on extremism  and religious 
accommodat ion  to ensure tha t violent Islamist extremism  is not  tolerated. DOD should also train servicemembers on violent  Islami st extremi sm and how  it  differs from  Islamic religious belief and practices.  Without this improved guidance and  training, the behavioral  tendency among superiors could be  to avoid proper appli cat ion of the current general policies to situat ions involving violent  Islami st extremism. 
The 9/11 attacks  led  the FBI  Director, Robert Mueller, to act to  trans rorm  the FBI's 11
institut ional and operational  architecture.  He declared that  the FBI's top priority would 
henceforth be preventing domestic terrorist attacks and  that  the FBI needed  to become an 
in elligcnce~ce tric rather  than purely law~enforcement~ cen tr ic organizati on.  The FBI has made substantial progress in  transforming itself in these ways.  The FBI is more  focused on producing counterterrorism  intell igence and more integrated than  it had been.  Its  init iat ives are  headed  in the  right direction.  To its credit,  the FBI moved swiftly after the Fort Hood attack to conduct an internal  review,  identify  gaps, and  implement changes  in  response; the FBI  also commissioned an outside review by former FBI Director and  Director of Central  Intelligence Judge William Webster.  Nonetheless, our in vestigation finds  that the Fort Hood attack  is an indicator that the current  status of the FBI's  transformation  to become intelligence-driven is incomplete and that the  FBI faces  internal challenges - which may  include cultural barriers - that can frustrate the on-going  institutional rerorms.  The FBI  needs  to acce lerate  its  transformation. 

•  In the Hasan case, two JTTFs (each  located  in  a different fi eld office) disputed the 
significance of Hasan' s communications wi th the Suspected Terrori st and how vigorously 
he should be  in vesti gated.  The JTTF that was  less concerned about Hasan controlled  the 
inq ui ry and ended it prematurely after an  insufficient examinat ion.  Two key 
headquarters units - the Counterterrori sm Division, the "National JTTF" (which was 
created specificall y to be the hub among JTTFs), and  the Directorate of Intelligence -
were not made aware of the dispute.  This unresolved conflict ra ises concerns that, 
despi te the more assertive role that FBI headquarters now plays, especially since 9/ 11 in 
what historically has been a decentralized organization, field offi ces still  prize and protect 
their autonomy  from headquarters.  FBl headquarters also does not have a written plan 
that articulates  the divis ion of labor and hierarchy of command-and-control authoriti es 
among its  headquarters units,  fi eld offices, and  the JTTFs.  This  issue must be addressed 
to ensure that headquarters establishes more effective strategic control of its  fi eld  offi ce 
operations. 
•  In the Hasan case, the FBI  did not effectively ut ilize  intelligence analysts who could have 
provided a different perspective given the evidence that  it had.  The FBI 's inquiry 
focused narrowly on whether Hasan was engaged in terrorist activity - as opposed to 
whether he was  radicalizing  to violent Islarn ist extremism and whether this  radicalization 
might pose counterintelligence or other threats (e.g., Hasan might spy  for the Taliban if 
he was de ployed  to Afghanistan).  This  cri tica l mistake may have been avoided  if 
intell igence analysts were appropriately engaged  in  the inqui ry.  Since 9/1 1, the FBI has 
increased  its  inte lligence  focus by creat ing a Di rectorate of Intelligence and  Field 
Intell igence Groups  in the  field offices and hi ring thousands of new and better qualified 
analysts.  However, the FBI must ensure that  these ana lysts are effecti vely uti lized, 
including  that  they ach ieve significant stature in  the FBI.  The FBI must also ensure  that 
all of its agents and ana lysts are trained  to understand violent Islamist extremism. 
•  In  the Hasan case, the FBI did not ident ify  the need to update its tradecraft  (i.e., the 
methods and processes  for conducting  investigative or  intell igence acti vities) regarding 
the process ing and analys is of communi cations (REDACTED] unti l aft er the Fort Hood 
attack.  This de lay  led to a failure to  identify all  of Hasan 's communicati ons with the 
Suspected Terrorist and  the extent of the threat contained wi thin them.  The FBI  has had 
numerous successes aga inst homegrown terrorist cells and  individuals since 911 1 that 
have saved count less American  lives.  However, the FBI should  still ensure that all  of its 
tradecraft  is systemicall y examined so  that  flaws  can be corrected prior to failures.  The 
FBI  leadership should continue  to oversee this  element of its  transformat ion to a  fi rst· 
class,  intell igence.driven counterterrorism organi zation. 
•  In the Hasan case,  the JTfF model  did  not live up to the FBI' s strong vision of JTTFs as 
an effective  interagenc),  information-shari ng and operational coordination mechanism. 
JTTFs have been expanded signi ficant ly since 9111  and are now the principal domestic 
federal opera tional arm  for counterterrorism  investigat ions and  intelligence coll ect ion. 
They perfonn criticall y important homeland  securi ty funct ions and have produced 
numerous successes  in  disrupting and apprehending potenti al  lerrorists.  However, the

specific handli ng of the Hasan case, and systemic disputes between DoD and  the FBI 
concerning JITFs which  remain unreso lved,  rai se concerns that  the JITF model  requires 
additional  revi ew and  improvement in order for JTTFs to  function as effectively as our 
nation  requires. 
We  ask  that DoD and the FBI  review and  respond  to  the concerns  identified  in this report 
on  an  urgent  basis. 
Finall y,  we request thaL the National Security Council and Homeland Security Council 
lead  in  the development of an integrated approach  to  law enforcement and  intell igence 
domestica ll y and a comprehensive  national approach  to countering homegrown radicalization  to violent  Islamist extremism.  The threat of homegrown  radicalization goes beyond  the 
capabilities of the  law enforcement, intelligence, and homeland  security agencies and requires a response from  a broad range of our government which will  produce plans to  translate and  implement this comprehensive national approach  into specific, coordinated, and measurable act ions across the government and  in cooperati on with the Muslim-American community.

No comments:

Post a Comment