Wednesday, August 10, 2005

More evidence 9-11 might have been prevented if "the wall" wasn't in place.

I'm sure by now you all have heard about that a year prior to 9-11 "U.S. defense intelligence officials identified ringleader Mohammed Atta and three other hijackers as a likely part of an al-Qaida cell more than a year before the hijackings but didn't forward the information to law enforcement."

Story here:

Congressman: Defense Knew 9/11 Hijackers

I'd like to point out this paragraph from the story...

Weldon said that in September 2000 Able Danger recommended that its information on the hijackers be given to the FBI "so they could bring that cell in and take out the terrorists." However, Weldon said Pentagon lawyers rejected the recommendation because they said Atta and the others were in the country legally so information on them could not be shared with law enforcement.

Now the question is WHY couldn't the information be shared?

Well, if you watched John Ashcroft's testimony before the 9-11 commission you'd know why they couldn't share info.

Yes, that's right the GORELICK "WALL" memo.

Don't know what that is? That's not a surprise. It's not like the media did their job during the 9-11 commission in pointing out that "the wall" was erected by a person SITTING ON THE COMMISSION!! I guess that's why Ashcroft had to point it out in front of the commission.

It boggles the mind why she was allowed to stay on the commission.

Here's a snippet of Ashcroft's testimony where he explains what "the wall" did.


But the simple fact of September 11 is this: we did not know an attack was coming because for nearly a decade our government had blinded itself to its enemies. Our agents were isolated by government-imposed walls, handcuffed by government-imposed restrictions, and starved for basic information technology. The old national intelligence system in place on September 11 was destined to fail.

[snip]

My second point today goes to the heart of this Commission's duty to uncover the fact: The single greatest structural cause for September 11 was the wall that segregated criminal investigators and intelligence agents. Government erected this wall. Government buttressed this wall. And before September 11, government was blinded by this wall.

In 1995, the Justice Department embraced flawed legal reasoning, imposing a series of restrictions on the FBI that went beyond what the law required. The 1995 Guidelines and the procedures developed around them imposed draconian barriers to communications between the law enforcement and intelligence communities. The wall "effectively excluded" prosecutors from intelligence investigations. The wall left intelligence agents afraid to talk with criminal prosecutors or agents. In 1995, the Justice Department designed a system destined to fail.

In the days before September 11, the wall specifically impeded the investigation into Zacarias Moussaoui, Khalid al-Midhar and Nawaf al-Hazmi. After the FBI arrested Moussaoui, agents became suspicious of his interest in commercial aircraft and sought approval for a criminal warrant to search his computer. The warrant was rejected because FBI officials feared breaching the wall.

When the CIA finally told the FBI that al-Midhar and al-Hazmi were in the country in late August, agents in New York searched for the suspects. But because of the wall, FBI Headquarters refused to allow criminal investigators who knew the most about the most recent al Qaeda attack to join the hunt for the suspected terrorists.

At that time, a frustrated FBI investigator wrote Headquarters, quote, "Whatever has happened to this -- someday someone will die -- and wall or not -- the public will not understand why we were not more effective and throwing every resource we had at certain 'problems'. Let's hope the National Security Law Unit will stand behind their decision then, especially since the biggest threat to us, UBL, is getting the most protection."

FBI Headquarters responded, quote: "We are all frustrated with this issue ... These are the rules. NSLU does not make them up."

But somebody did make these rules. Someone built this wall.

The basic architecture for the wall in the 1995 Guidelines was contained in a classified memorandum entitled "Instructions on Separation of Certain Foreign Counterintelligence and Criminal Investigations." The memorandum ordered FBI Director Louis Freeh and others, quote: "We believe that it is prudent to establish a set of instructions that will more clearly separate the counterintelligence investigation from the more limited, but continued, criminal investigations. These procedures, which go beyond what is legally required, will prevent any risk of creating an unwarranted appearance that FISA is being used to avoid procedural safeguards which would apply in a criminal investigation."

This memorandum established a wall separating the criminal and intelligence investigations following the 1993 World Trade Center attack, the largest international terrorism attack on American soil prior to September 11. Although you understand the debilitating impact of the wall, I cannot imagine that the Commission knew about this memorandum, so I have declassified it for you and the public to review. Full disclosure compels me to inform you that its author is a member of this Commission.