An internal FBI memo warns that the agency lacks a coherent strategy to prevent terrorist attacks. The memo is sent from Dale Watson, head of the FBI’s counterterrorism program, to interim FBI Director Tom Pickard. The memo reads, “While the FBI has traditionally relied on an approach that focused generally on the identification, penetration and neutralization of terrorist organizations, the [FBI] has not developed a ‘grand strategy’ in which resources and programs are systematically directed toward progressively reducing and neutralizing and ultimately eliminating the terrorist threat to US interests.” After 9/11, a former top FBI official will claim, “The counterterrorism guys never arrested anyone, never stopped anything.” Senior FBI officials will later acknowledge “that [the FBI’s] counterterrorism program was deeply troubled and largely ineffective.” The New York Times will also later claim that the FBI’s “internal affairs unit, the Office of Professional Responsibility, became a much-feared inquisitor, sometimes damaging careers over minor offenses like using a bureau car for personal matters.” [New York Times, 6/2/2002]
May 1, 2001: FBI Director Louis Freeh Announces Resignation
Louis Freeh, FBI Director since September 1993 (see September 1993), unexpectedly announces his resignation. He will continue to serve until June 25. Assistant Director Thomas Pickard will serve as acting director until Robert Mueller will take over in early September 2001 (see September 4, 2001). [BBC, 5/1/2001] The BBC reports, “Mr. Freeh did not give specific reasons for his decision to leave, but he had been the target of criticism following the arrest in February [2001] of Robert Hanssen, an FBI agent accused of working for Moscow for more than 15 years.”
[BBC, 7/5/2001]
May 10, 2001: Attorney General Ashcroft Omits Counterterrorism from List of Goals
Attorney General John Ashcroft sends a letter to department heads telling them the Justice Department’s new agenda. He cites seven goals, but counterterrorism is not one of them. Yet just one day earlier, he testified before Congress and said of counterterrorism, “The Department of Justice has no higher priority.” [New York Times, 2/28/2002] Dale Watson, head of the FBI’s counterterrorism division, will later recall nearly falling out of his chair when he sees counterterrorism not mentioned as a goal. [9/11 Commission, 4/13/2004] Watson goes to see FBI Deputy Director Thomas Pickard and asks him, “Did you see this?” in what author Philip Shenon will describe as a “disgusted tone.” Pickard finds it hard to believe that Ashcroft’s office had accidentally left terrorism off the list, due to the focus on it elsewhere in the government. “If he didn’t think about it, his staff should have,” Pickard will recall thinking. [Shenon, 2008, pp. 246] In August, a strategic plan will be distributed, listing the same seven goals and 36 objectives. Thirteen objectives are highlighted, but the single objective relating to counterterrorism is not highlighted. [New York Times, 2/28/2002]
Summer 2001: FBI Internal Report Highlights Lack of Resources for Counterterrorism but Ashcroft Denies More Funding
The New York Times will later report that, according to senior government officials, “A top secret report warned top officials of the FBI in the months before Sept. 11 that the bureau faced significant terrorist threats from Middle Eastern groups like al-Qaeda but lacked enough resources to meet the threat.” The internal assessment finds that virtually every major FBI field office is undermanned for evaluating and dealing with the threat from groups like al-Qaeda. The report gives detailed recommendations and proposes spending increases to address the problem. [New York Times, 6/1/2002] The report is the result of “MAXCAP 05,” short for maximum feasible capability, an evaluation effort launched by Dale Watson, the head of the new counterterrorism division created in 1999 (see December 1999), to identify the FBI’s weaknesses in counterterrorism and remedy them by 2005. It is presented to Robert Mueller upon his appointment as FBI director in early September. [9/11 Commission, 7/24/2004, pp. 78-79; Zegart, 2007, pp. 142] The report will not be made public. [New York Times, 6/27/2007] However, in August 2001, acting FBI Director Tom Pickard meets Attorney General John Ashcroft to ask for supplemental funding for counterterrorism, but his request is turned down. On September 10, 2001, Ashcroft rejects a proposed $58 million increase in FBI counterterrorism funding for the next year’s budget (see September 10, 2001).
June 28, 2001: Attorney General Ashcroft Not Very Interested in Terrorism in First Briefing from Acting FBI Director
Shortly after being appointed acting FBI director, Thomas Pickard gives his first briefing to Attorney General John Ashcroft. Deputy Attorney General Larry Thompson and Ruben Garcia, the FBI’s Assistant Director for Criminal Investigations, also attend the briefing. Pickard sends an agenda in advance, and terrorism is the first item on it, as the CIA is reporting there is an increased risk of attacks. During the briefing, Ashcroft suggests he does not know much about al-Qaeda, so Pickard fills him in. “I told him about al-Qaeda and [Osama] bin Laden, a little history about the World Trade Center bombing and East Africa,” Pickard will later say. Pickard also talks about increase in “chatter” by al-Qaeda operatives, and says this could be a sign of an upcoming attack. The speculation is it would take place in Southeast Asia or the Middle East, but other locales could not be ruled out. His terrorism briefing lasts about an hour. Although Ashcroft listens to Pickard’s explanation, he asks few questions about terrorism. He shows more interest in other items on the agenda, such as ending delays on background checks for gun buyers, which interests him because of his relationship with the National Rifle Association. [Pickard, 6/24/2004; Shenon, 2008, pp. 246-247]
July 2, 2001: FBI Warns Law Enforcement Agencies of Possible Al-Qaeda Attacks; Little Action Results
The FBI’s Counterterrorism Division issues a warning of possible al-Qaeda attacks to law enforcement agencies called “Potential Anti-US Attacks.” It states: “[T]here are threats to be worried about overseas. While we cannot foresee attacks domestically, we cannot rule them out.” It further states, “[T]he FBI has no information indicating a credible threat of terrorist attack in the United States.” It asks law enforcement agencies to “exercise vigilance” and “report suspicious activities” to the FBI. Two weeks later, acting FBI Director Thomas Pickard has a conference call with all field office heads mentioning the heightened threat (see July 19, 2001). However, FBI personnel later fail to recall any heightened sense of threat from summer 2001. Only those in the New York field office take any action or will recall this later. [CNN, 3/2002; 9/11 Commission, 4/13/2004]
July 12, 2001: Attorney General Ashcroft Reportedly Does Not Want to Hear about Al-Qaeda Threat
Acting FBI Director Thomas Pickard attempts to brief Attorney General John Ashcroft on the al-Qaeda terrorist threat for a second time (see June 28, 2001), but Ashcroft is uninterested and says he does not want to hear about it, according to Pickard’s later account.
‘I Don’t Want to Hear about It Anymore’ – According to a June 24, 2004 letter from Pickard to the 9/11 Commission, Pickard opens the briefing by discussing “counterintelligence and counterterrorism matters.” Pickard’s letter will go on to say: “The fourth item I discussed was the continuing high level of ‘chatter’ by al-Qaeda members. The AG [attorney general] told me, ‘I don’t want to hear about it anymore, there’s nothing I can do about it.’ For a few seconds, I did not know what to say, then I replied that he should meet with the director of the CIA to get a fuller briefing on the matter.… I resumed my agenda but I was upset about [Ashcroft’s] lack of interest. He did not tell me nor did I learn until April 2004 that the CIA briefed him on the increase in chatter and level of threat on July 5, 2001” (see July 5, 2001 and July 11-17, 2001). [Pickard, 6/24/2004] In testimony under oath to the 9/11 Commission in 2004, Pickard will affirm that, “at least on two occasions” he briefed Ashcroft on a rising threat level and concerns about an impending attack, which were being reported by the CIA. Commissioner Richard Ben-Veniste will ask Pickard if he has told Commission staff that Ashcroft “did not want to hear about this anymore,” to which Pickard will respond, “That is correct.” [9/11 Commission, 4/13/2004 
] According to Pickard’s later recollection: “Before September 11th, I couldn’t get half an hour on terrorism with Ashcroft. He was only interested in three things: guns, drugs, and civil rights.” [Miller, Stone, and Mitchell, 2002, pp. 293]
Differing Accounts of What Was Said at the Meeting – According to the 9/11 Commission’s June 3, 2004 record of its interview with Watson, “Pickard told Watson that he was briefing Ashcroft on counterterrorism, and Ashcroft told him that he didn’t want to hear ‘anything about these threats,’ and that ‘nothing ever happened.’” [9/11 Commission, 6/3/2004 ] Author Philip Shenon will write about this meeting in his 2008 book, The Commission, based on interviews with Pickard and “Commission investigators who researched his allegations,” but none of the quotes or representations of fact in Shenon’s text will cite a specific source. Shenon will make reference to Mark Jacobson and Caroline Barnes as being the 9/11 Commission staffers who interviewed Pickard. [Shenon, 2008, pp. 240-248, 433] According to Shenon’s version of the meeting, Ashcroft replies to Pickard: “I don’t want you to ever talk to me about al-Qaeda, about these threats. I don’t want to hear about al-Qaeda anymore.” [Shenon, 2008, pp. 247] Ashcroft, in testimony under oath to the 9/11 Commission, will dismiss Pickard’s allegation, saying, “I did never speak to him saying that I did not want to hear about terrorism.” [9/11 Commission, 4/13/2004 ] Pickard will respond to Ashcroft’s testimony in his 2004 letter, saying, “What [Ashcroft] stated to the Commission under oath is correct, but they did not ask him, ‘Did he tell me he did not want to hear about the chatter and level of threat?’ which is the conversation to which I testified under oath.” [Pickard, 6/24/2004] The deputy attorney general at the time of the meeting, Larry D. Thompson, and Ashcroft’s chief of staff, David T. Ayres, will sign a letter to the 9/11 Commission on July 12, 2004, in which they say they are responding to Pickard’s allegation that when he briefed Ashcroft “on the al-Qaeda threat prior to September 11, 2001, the attorney general responded that he did not want to hear such information anymore.” The letter will say Thompson and Ayres were present at that and the other regular meetings between Pickard and Ashcroft, and “the attorney general made no such statement in that or any other meeting.” [Ayres, 7/12/2004] The 9/11 Commission Report will conclude, “We cannot resolve this dispute.” [Commission, 2004]
Differing Accounts of Who Was at the Meeting – Pickard’s 2004 letter will state that Ayres is at the meeting, but has left the room prior to that part of the meeting, as he does not have the required level of security clearance. Pickard’s letter indicated that the FBI Assistant Director for Criminal Investigations, Ruben Garcia, is at the meeting and also witnesses the exchange. [Pickard, 6/24/2004] Shenon’s book puts Garcia at the meeting, but does not make reference to Garcia’s account of what is said there. Also, in the notes to Shenon’s book, it will not say that he interviewed Garcia. [Shenon, 2008, pp. 247-248, 433] According to a June 22, 2004 NBC News report: “Commission investigators also tracked down another FBI witness at the meeting that day, Ruben Garcia… Several sources familiar with the investigation say Garcia confirmed to the Commission that Ashcroft did indeed dismiss Pickard’s warnings about al-Qaeda.” Furthermore, “Pickard did brief Ashcroft on terrorism four more times that summer, but sources say the acting FBI director never mentioned the word al-Qaeda again in Ashcroft’s presence—until after Sept. 11.” [MSNBC, 6/22/2004] According to the 9/11 Commission Report, “Ruben Garcia… attended some of Pickard’s briefings of the attorney general but not the one at which Pickard alleges Ashcroft made the statement.” [Commission, 2004, pp. 536n52]
Ashcroft Denies FBI Requests and Appeals, Cuts Counterterrorism Funding – Following the meeting, on July 18, Ashcroft will reject the FBI’s request for an increase in funding for counterterrorism, and instead propose cuts to that division (see July 18, 2001). Pickard will appeal this decision; Ashcroft will reject the appeal on September 10, 2001 (see September 10, 2001). [9/11 Commission, 4/13/2004]
July 12, 2001: Acting FBI Director Prevented by CIA from Telling Attorney General Ashcroft about Al-Qaeda Malaysia Summit
On July 12, 2001, acting FBI Director Tom Pickard briefs Attorney General Ashcroft a second time about the al-Qaeda threat (see July 12, 2001). In a later letter to the 9/11 Commission discussing the meeting, Pickard will mention, “I had not told [Ashcroft] about the meeting in Malaysia since I was told by FBI Assistant Director Dale Watson that there was a ‘close hold’ on that info. This means that it was not to be shared with anyone without the explicit approval of the CIA.” During the briefing, Pickard also strongly recommends that Ashcroft be briefed by the CIA to learn details that Pickard feels he is not allowed to reveal. The “meeting in Malaysia” is an obvious reference to the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000). Louis Freeh, the FBI director at the time of the summit, and other unnamed FBI officials were told some about the summit while it was taking place (see January 6, 2000). It is unknown if Pickard and Watson learned about it at that time, but Pickard’s letter shows they both knew about it by the time of this briefing. It is not known why the CIA placed a “close hold” on any mention of the Malaysian summit so strict that even the attorney general could not be told. Since two of the 9/11 hijackers attended that summit, sharing the information about the summit with other agencies may have helped stop the 9/11 attacks. [Pickard, 6/24/2004]
July 18, 2001: Attorney General Ashcroft Says FBI Budget Will Be Cut, including Counterterrorism
Attorney General John Ashcroft replies to the FBI’s annual budget proposal. The proposal had asked for a sizable increase for only one area—counterterrorism. However, Ashcroft says that the FBI’s budget for counterterrorism should be cut, not increased. The budgets for some other divisions will also be cut. Acting FBI Director Thomas Pickard asks Ashcroft if the FBI can appeal and Ashcroft agrees. Pickard and his top assistants discuss what should be appealed and decide only to appeal the counterterrorism cuts, as they feel that this is “the most important thing,” according to Pickard. The appeal will be denied on September 10 (see September 10, 2001). [Shenon, 2008, pp. 249]
July 19, 2001: FBI Director Tells Field Offices to Be Ready to Respond to New Attack but Not to Prevent It
Acting FBI Director Thomas Pickard holds a periodic conference call with the heads of all FBI field offices. According to a later account by Pickard, one item he discusses is the need to have evidence response teams ready to move quickly in case of a new attack. This is brought up in light of all the increased threat reporting. However, he does not task the field offices to look into whether any plots are being considered within the US; nor does he tell them to take any action to disrupt any such plots. [9/11 Commission, 7/24/2004, pp. 259] FBI personnel will later fail to recall any heightened sense of threat from summer 2001. Only those in the New York field office take any action or will recall this call later. [CNN, 3/2002; 9/11 Commission, 4/13/2004]
