The Wall of Separation

It was a legal maze instituted in the 90's that prevented the different parts of the FBI from talking to each other (.pdf file) It was the legal tripwires that prevented the Intel section of the FBI from notifying the Criminal Investigation section of the FBI that there were two known terrorists in the USA.

That's right. The FBI knew, and it couldn't do a damn thing about it because of the framework tossed in their way. They couldn't climb over the Wall and share information. Stewart Baker outlines the problems in a December 31st, 2003 article in Slate.com

There's a quiet scandal at the heart of Sept. 11; one that for different reasons neither the government nor the privacy lobby really wants to talk about. It's this: For two and a half weeks before the attacks, the U.S. government knew the names of two hijackers. It knew they were al-Qaida killers and that they were already in the United States. In fact, the two were living openly under their own names, Khalid al-Mihdhar and Nawaf al-Hazmi. They used those names for financial transactions, flight school, to earn frequent flier miles, and to procure a California identity card.

(....)

We couldn't find al-Mihdhar and al-Hazmi in August 2001 because we had imposed too many rules designed to protect against privacy abuses that were mainly theoretical. We missed our best chance to save the lives of 3,000 Americans because we spent more effort and imagination guarding against these theoretical privacy abuses than against terrorism.

I feel some responsibility for sending the government down that road.


You want to know why September 11th happened? Look no further. Our own agencies, trusted to keep terrorists out of America, were blinded by self-inflicted rules.

In August 2001, the New York FBI intelligence agent looking for al-Mihdhar and al-Hazmi didn't have the computer access needed to do the job alone. He requested help from the bureau's criminal investigators and was turned down. Acting on legal advice, FBI headquarters had refused to involve its criminal agents. In an e-mail to the New York agent, headquarters staff said: "If al-Midhar is located, the interview must be conducted by an intel[ligence] agent. A criminal agent CAN NOT be present at the interview. This case, in its entirety, is based on intel[ligence]. If at such time as information is developed indicating the existence of a substantial federal crime, that information will be passed over the wall according to the proper procedures and turned over for follow-up criminal investigation."

In a reply message, the New York agent protested the ban on using law enforcement resources for intelligence investigations in eerily prescient terms: "[S]ome day 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 [lawyers who gave the advice] will stand behind their decisions then, especially since the biggest threat to us now, UBL [Usama Bin Laden], is getting the most 'protection.' "

Read the memo. And then read Baker's article. And then try, as I am right now, to not punch your fist through your computer screen.

UPDATE: A commenter mentioned Jamie Gorelick, who is currently sitting on the 9-11 Commission. Who is Gorelick? She's the person who built the wall of separation in the first damn place!

Commissioner Gorelick, as deputy attorney general — the number two official in the Department of Justice — for three years beginning in 1994, was an architect of the government's self-imposed procedural wall, intentionally erected to prevent intelligence agents from pooling information with their law-enforcement counterparts. That is not partisan carping. That is a matter of objective fact. That wall was not only a deliberate and unnecessary impediment to information sharing; it bred a culture of intelligence dysfunction. It told national-security agents in the field that there were other values, higher interests, that transcended connecting the dots and getting it right. It set them up to fail. To hear Gorelick lecture witnesses about intelligence lapses is breathtaking.

Un-f**king-believeable. What a crock.