TEAM 3 INTERVIEW ISSUES FOR AG JOHN ASHCROFT

December 16, 2003

by
Len Hawley

Transition Priorities of the New Administration

Issue: In January 2001, the war against terrorism was still very much underway. In ensuring a
smooth handoff to the incoming administration, the question is what issues did the transition
team at the Justice Department see as critical in ensuring that the war on terrorism would
continue without disconnects. What did AG Ashcroft see as the most important concerns in CT
that the new administration would face in the first year?

Strategic Importance of the Terrorist Threat

Issue: As the new Attorney General developed a strategic picture in the early weeks of the new
administration regarding the range of threats to the United States, the question is how did AG
Ashcroft perceive the terrorist problem, and how did he see terrorism relative of other national
security concerns in early 2001.

The Relationship between DOJ and FBI

Issue: The Department of Justice provides policy direction and legal oversight to the activities of
the FBI in fighting terrorism. However, the relationship between Justice and FBI is often of
concern to many, particularly with respect to ensuring the FBI remained a cooperative player in
the overall fight against terrorism. The question is whether AG Ashcroft viewed this as a
problem in the early months, and what measures did he undertake to sustain an effective working
relationship between DOJ and the FBI.

Performance of the FBI

Issue: In March 01, the Attorney General was briefed on the FBI's FISA Evaluation Project that
was completed in July 2000. The project evaluated the FBI performance on investigating 40
counterterrorism subjects including UBL. The FBI evaluation pointed out serious resource
shortfalls in Arab speakers, intelligence research specialists, and other problems.

The question is how AG Ashcroft viewed the performance of the FBI in countering terrorism and
how its limited resources affected its success against terrorism. Upon hearing the results of this
internal review, what actions did AG Ashcroft direct to be taken to add capacity to the FBI to
fight the increased number of Islamic terrorism cells operating in the United States?
• What were the FBI's problems that were central to the success of the 9-11 attacks? To the
success of future Islamic terrorism cells in the United States?

• What should the Commission examine as possible recommendations to address these

continuing problems?

Issue: Much has been said about the adverse effects of "the wall" between the FBI's criminal
investigations and its domestic intelligence operations. It was clear that "the wall" impaired
effective collaboration within the FBI to counter terrorism. Perhaps AG Ashcroft can comment
on the "the wall" and its impact on the FBI's overall CT performance. What was attempted by
Justice to address this important problem hindering the CT effort?

Domestic Preparedness against a Terrorist Attack

Issue: Since 1998 there have been major efforts, many sponsored by Congress, to improve
domestic preparedness against a terrorist attack, particularly one involving a chemical,
biological, radiological, or nuclear (CBRN) weapon. DOJ has been the lead agency in this
expansive effort. It would be helpful for AG Ashcroft to give us his assessment of these efforts
as he came on board in 2001.

Issue: DoD was an important player in the effort to strengthen domestic preparedness.
However, it was clear that DoD was reducing its commitments in the early months of the
administration and saw its role as a passive supporter of domestic efforts, rather than an active
participant that anticipated potential contingencies. Perhaps AG Ashcroft could give us his
views on the effectiveness of the civil-military relationship and some of the important issues that
needed resolution in order for DoD to become an effective player in this role.

US Assistance in Law Enforcement in Key Countries

Issue: Since the mid-1990's, the U.S. government engaged in a major effort to expand the
capacity of legal assistance to other countries in an effort to fight terrorism abroad. These efforts
were often focused in key countries, such as Pakistan, to help dismantle al-Qaeda terrorist cells.
It would be helpful to hear AG Ashcroft's assessment of these efforts as he came on board.

New NSDP on Countering Al-Qaeda

Issue: In the spring and summer of 2001, the CSG and the Deputies Committee held a series of
meetings to consider a new presidential directive to increase the overall effort against al-Qaeda.
The new NSDP called for more intrusive measures to be taken, including in law enforcement, to
fight al-Qaeda. The discussions never came to the point when Principals could have considered
the new NSPD. It would be helpful to hear AG Ashcroft's views on this effort to adopt a more
aggressive strategy in dealing with al-Qaeda.
Increased Threat of an Al-Qaeda Terrorist Attack

Issue: The Joint Inquiry noted that on July 2, 2001 the FBI advised federal, state, and local law
enforcement authorities of increased threat reporting about groups aligned with or sympathetic to
bin Laden. The communication noted that the majority of the reports suggested that a potential
for terrorist attacks against U.S. targets abroad, and that the FBI has no information suggesting a
credible threat of terrorist attack in the United States, although the possibility could not be
discounted. Given that the intelligence community reported that al-Qaeda cells were already in
the U.S., what additional measures were taken in the summer of 2001 to increase law
enforcement efforts against terrorism?