Minneapolis FBI agents investigating terror suspect
Zacarias Moussaoui last August were severely hampered by officials at
FBI headquarters, who resisted seeking search warrants and admonished
agents for seeking help from the CIA, according to a letter from the
general counsel for the FBI's Minneapolis field office.
Coleen
Rowley also wrote in a letter Tuesday to FBI Director Robert S.
Mueller III that evidence gathered in the Moussaoui case, combined with
a July 10 FBI warning that al Qaeda operatives might be taking flight
training in Arizona, should have prompted stronger suspicion at FBI
headquarters that a terror attack was planned, according to officials
familiar with Rowley's letter.
"There was a great deal of frustration expressed on
the part of the Minneapolis office toward what they viewed as a less
than aggressive attitude from headquarters," said one official. "The
bottom line is that headquarters was the problem."
The sharply worded letter from Rowley stands in
stark contrast to statements by Mueller and other FBI officials, who
have insisted that the bureau did all it could to determine whether
Moussaoui was part of a terrorist plot. It is also the clearest sign of
dissent within the FBI over whether the bureau mishandled clues to the
Sept. 11 attacks last summer, an issue that has mushroomed this month
amid increasingly fierce questioning from lawmakers.
Mueller released a statement last night saying that
he has referred Rowley's complaints to the Justice Department's
inspector general for investigation.
"While I cannot comment on the specifics of the
letter, I am convinced that a different approach is required," Mueller
said. "New strategies, new analytical capacities and a different culture
makes us an agency that is changing post-9/11. There is no room after
the attacks for the types of problems and attitudes that could inhibit
our efforts."
In her
classified 13-page letter, which includes detailed footnotes, Rowley
said Minneapolis investigators had significant evidence of Moussaoui's
possible ties to terrorists, including corroboration from a foreign
source that Moussaoui posed a major threat, sources said.
But agent Dave Rapp and his colleagues in Minnesota
faced resistance from headquarters staff that Rowley considered
unnecessary and counterproductive, according to officials who have seen
the letter.
FBI attorneys in Washington determined there was
not enough evidence to ask a judge for warrants to search Moussaoui's
computer under routine criminal procedures or a special law aimed at
terrorists. Officials have said there was no evidence of a crime and no
solid connections between Moussaoui and any designated terrorist group.
Moussaoui, who was detained Aug. 16 after arousing
suspicions at a Minnesota flight school, has been charged as a
conspirator in the Sept. 11 attacks on the World Trade Center and the
Pentagon.
Mueller, who took over as FBI director on Sept. 4,
was questioned about the letter during an appearance Wednesday before
the Senate Intelligence Committee, sources said. One official said
Mueller "was very forthright in saying the course of action should have
been more aggressive."
Rowley, who officials said has worked for the FBI
for more than 20 years, declined to comment yesterday. "Our office has
been very diligent in not leaking anything," Rowley said. "I'm going to
have to stick with that in this case."
In Berlin yesterday, President Bush said he opposed
having an independent commission investigate intelligence failures
before the Sept. 11 attacks. The House and Senate intelligence
committees are currently conducting a probe.
More than a month before Moussaoui was arrested on
immigration charges, Phoenix FBI agent Kenneth Williams wrote a memo
July 10 to FBI headquarters outlining his investigation of Islamic
radicals enrolled at a Prescott, Ariz., aviation school. He cited bin
Laden and raised the possibility that the al Qaeda terror network was
using U.S. flight schools as a training ground.
Williams's suggestion that the FBI canvass U.S.
flight schools was rejected within weeks by FBI counter-terror division
mid-level managers, who decided they lacked the manpower to pursue it.
The memo was not shared with agents who later investigated Moussaoui,
and it was never given to any other intelligence agency.
Williams told lawmakers in closed-door briefings
this week, however, that he did not expect his request to be acted on
immediately and did not believe his memo could have thwarted the Sept.
11 attacks. None of the men named in the document, including several
associated with a militant London group that has praised bin Laden, has
been connected to the deadly hijackings.
Rowley's correspondence, by contrast, underscores
the depth of frustration within the Minneapolis field office over the
way the Moussaoui case was handled.
"It really paints a very grim and troubling picture
about the institution of the FBI at the end of August last year and how
many obstacles the Minnesota office ran into," said one official
familiar with the letter's contents. "Clearly she feels this was handled
very poorly."
At one point, according to accounts of Rowley's
letter, agents in Minnesota went to the CIA for help, only to be
admonished by headquarters.
The FBI first notified the CIA about Moussaoui soon
after arresting him, a U.S. government official said. The CIA found
nothing in an initial check of Moussaoui's name, but over the next
couple of weeks, French intelligence interviewed Moussaoui's brother and
the parents of a man who blamed Moussaoui for radicalizing their son,
according to U.S. sources, and turned over the information.
In late August, CIA officials learned from "FBI
agents in the field" that they hoped to obtain a warrant under the
Foreign Intelligence Surveillance Act, which would have allowed the
government to search Moussaoui's laptop computer without notifying him,
one government official said. He could not confirm that this was the
contact that brought the admonishment.
The hard drive of Moussaoui's computer, which was
finally searched several hours after the Sept. 11 attacks, was found to
include detailed information on crop-dusting and on the type of jetliner
hijacked. The computer also included the names of Moussaoui associates
in Singapore and elsewhere that could have opened new paths for
investigators, two sources said.
"The argument is that there was already probable
cause and headquarters didn't move aggressively enough," one source
said. "If you had the analysis from Phoenix, that would have made the
case even better."
Two officials who have read the letter said Rowley
indicated she was upset by Mueller's public statements about the extent
of the FBI's knowledge before Sept. 11.
In testimony earlier this month before the Senate
Judiciary Committee, Mueller acknowledged that the FBI should have
responded more aggressively to the Phoenix memorandum, but he argued
that the FBI did all it could in pursuing Moussaoui.
"The agent in Minneapolis did a terrific job in
pushing as hard as he could to do everything we possibly could with
Moussaoui," Mueller said. "But did we discern from that that there was a
plot that would have led us to September 11th? No. Could we have? I
rather doubt it."
Staff writer Dana Milbank in Berlin contributed
to this report.