Special Agents

Special Agents

I. Introduction

A. Background on 9-11 Commission - an independent, bipartisan

Commission created by Congress and the President to investigate the 9-11
attacks and make recommendations to prevent future terrorist attacks.

[We are not the congressional "Joint Inquiry" whose report has been in the news
recently. We are a special Commission that by law is required to present its report
to Congress and the President next spring.]

B. We are members of the Commission staff team focusing on law

enforcement and intelligence collection in the United States - primarily
the FBI.

C. We asked to meet with you based upon the position you have at the FBI
and the work you do — we are not investigating you personally, and did not
ask to interview you because of anything you did or did not do.

D. We will use the information that we obtain from you in today's interview
to assist the Commissioners prepare their report to Congress and the
President.

E. Although we understand you had no choice in the matter, we appreciate

you taking the time to talk with us and tell us about your work - before we
begin, do you have any questions about why we are here and what we are
doing?

II. Agent's Background

A. Education and training prior to entering the FBI.

B. Any prior law enforcement, security; or intelligence collection experience

prior to joining FBI - positions held, time periods for each position.

C. Employment history at the FBI - positions held, time periods for each
position.
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D. Was your move to your current squad a voluntary or involuntary

assignment?

E. Motivation for wanting to join the FBI; long-term career advancement

plans.

ffi. Current Job Description

A. What types of cases are your current squad's priorities?

B. Have these priorities changed since 9/11?

C. Who sets your squad's priorities? WFO management? HQs? Available

cases?

D. How do your squad's priorities fit in with WFO's priorities? What are
WFO's priorities?

E. What is your squad's case mix? What percentage 199s versus 265s? Do
you know what your fellow squad members are working on? How
do you know that? Regular meetings? Because you are a curious
person who checks it out or is it routine for everyone to know?
What do you know about the plan to switch from 199s and 265s to
all one classification?

F. What is your current case mix? Percentage 199s versus 265s? Has this
mix changed since 9/11? How so?

G. What impact has the centralization of CT at Headquarters affected your

squad's work? Or WFO's work for that matter?

H. Is the centralization a good or bad thing? Should the field offices be office
of origin on CT cases?

I. How much does your squad work with other WFO CT squads? NYFO
squads with similar or same priorities? Have you worked with HQs
flying squad? Good, bad?

J. Do you know what other squads are doing? How do you know this? Or
why don't you know this?
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K. Prior to 9/11 did your squad have designated intelligence agents

versus criminal agents? How many? Who were they? Has that
changed post Patriot Act changes?

IV. Investigative Process

A. How are decisions to open an investigation made, and the extent to which
investigative decisions are driven by either Field or HQ counterterrorism
strategy and priorities. Has this changed since 9/11?

B. The bases for determining whether to initiate as a criminal or intelligence

investigation, and how these decisions are made. Has this changed since 9/11?

C. How FISA/Title ffl targets are selected, including the criteria used for selection
and the approval process. Has this changed since 9/11? What impact have you
seen from the Patriot Act changes? What happens with the FIS A cuts? Are they
distributed beyond the case agents? Who decides where they go? Are you
receiving other squads FISA cuts? Are they helpful?

D. The factors involved in decisions to convert an investigation from a "Preliminary

Inquiry" to a "Full Field Investigation," and HQ's role in this process. Has this
become any easier to do since 9/11? If yes, how and why. Have there been
changes to the AG guidelines affecting this? Or is it merely an internal procedural
change?

E. The factors involved in decisions to close investigations, and HQ's role in this
process. Has this become harder to do since 9/11? If yes, how and why.

F. What types of tools/investigative techniques is your squad using to develop

information during the course of your investigations, including: the use of
informants, electronic and physical surveillance, open source information,
information from other agencies, state and local authorities, and information from
foreign governments. Has this changed since 9/11?

G. The extent to which informant development is emphasized, both by HQ and Field

Office management, and the current state of your squad's informant and
intelligence base. How many paid informants does your squad currently have?
Are they informational or operational informants? How many informants are you
personally the control agent for? Informational or operational? Has this changed
significantly since 9/11?
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H. How many FIS As is your squad currently running? Are these post 9/11 only?
How many do you personally have? Are these from post 9/11 only?

V. Work Environment

A.. Working in Top Secret/SCI: Does your squad have its own SCIF? How much of
squad can it accommodate? Does anyone have permanent desk in the
space? How many STU phones for your squad? What level of clearance
are they? Can you effectively work on daily basis with information from
other agencies in intel community?

B. Access to CT/CI information:

1. The current state of the FBI's information technology, and how this affects
your work. Do you have the ability to access all relevant FBI intelligence
on a timely basis and if so, how. Can you access all CT matters within the
system or are you blocked from certain matters? How much have you
attempted to mine the system for relevant information?

2. Your access to relevant Intelligence Community information and

other intelligence on a timely basis. Do you have access to Intellink? If
not, who on your squad does? Have you ever seen raw intelligence from
other agencies?

3. Your ability to task other agencies, foreign intelligence and law

enforcement partners, and state and local law enforcement for information,
and the extent to which you receive responses on a timely basis. Do you
have specific contacts at other agencies (either persons assigned to WFO
or not) who you could call on to obtain information or work with to collect
new information?

4. To what extent do you receive information, intelligence, and/or guidance

from outside entities? Please describe the process through which the
information is shared and how you and your office process the information
shared.

5. Please describe the process through which you or your unit shares
information with outside entities.
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6. In your judgment, how timely is the information you receive from outside
entities? Conversely, what priority is placed within your office with
sharing information on a timely basis with other agencies?

7. Please describe the extent of your direct access to the data bases of outside
law enforcement or other Intelligence Community databases. Are you able
to submit specific requests for intelligence to other agencies? Have you
ever done this? Please describe.

8. To the extent you are able, please provide some illustrative anecdotes of
collaboration with outside agencies.

C. Working with language specialists:

1. Do you speak any foreign languages such that you can interpret relevant
materials on your own or conduct interviews in another language?
2. Do you have language specialists assigned to your squad or do you work
with a general pool?
3. Can you have a specific language specialist assigned to a specific case so
that they handle all the FISA cuts, translations of materials, dealing with
witnesses so that they are familiar with the persons involved? Or is it a
catch as catch can situation?
Your assessment of the capability of the language specialists, and
the adequacy of linguistic resources.

D. Working with analysts:

1. Do you have specific analysts assigned to your squad? How many?
2. What type of role do these analysts play in your cases? Do they have case
responsibilities or are they brought in merely for specific tasks?
3. To whom do the analysts report? Do they have a separate chain of
command or are they supervised by the agents, the squad supervisor, or
who?
4. Have you had any specific training on how best to utilize analytic support?
5. Your assessment of the quality and quantity of analytic resources available
to you and your squad. Are they adequately trained to provide
meaningful assistance?

E. Surveillance specialists, the role of the surveillance specialists in

their investigations, the capability of the surveillance specialists,
and the adequacy of surveillance resources.

F. The role of and interaction with FBI Headquarters in their investigations.

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G. Is your squad part of the JTTF or is that separate from your squad's work? How does your
squad and its work interact with JTTF members. The overall functioning
of the JTTF, and the relationship with other federal agencies and state and
local law enforcement authorities. Is the JTTF just a way to gain more
manpower for the squad's or is there something more going on? Is there
additional information flowing in due to presence of JTTF members? Is
the JTTF just a patch on a broken information system?

VI. Training and Career Development

A. The extent and effectiveness of the training you receive in international

terrorism during New Agent Training.

B. The adequacy of international terrorism-related training you receive on an

ongoing basis. Did you receive any particular/ specialized training
regarding your squad's area of expertise before joining the squad?

C. Promotion possibilities/evaluations for agents working IT matters;

1. FBI reliance on statistical accomplishments for promotions, and

whether this affects IT agents.

2. Traditional bias against agents working national security matters, and

whether this cultural attitude has shifted.

D. The extent to which training is mandated, and to which you can pursue
training opportunities of interest.

E. Your background in international terrorism prior to assuming your current

position, and how you stay abreast of important developments in your
field.

VII. Supervision and Reporting

A. To whom do you report? Is your immediate supervisor experienced in the

area of your squad's expertise? Is your supervisor a hands on kind of
manager or a just do your own thing and bug me when there is a problem
type manager?
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B. How much guidance do you receive in performing your day to day duties, and
who provides this guidance.

C. Your relationship, if any, with Field Office and HQ management.

D. How your performance is measured, and your assessment of this system. Has
this changed at all in recent months?

VIII. Comparison of Agency Policies to the Reality of Work Environment

A. DOT and FBI policies and regulations, and other laws governing the collection
of information during the course of FBI international terrorism investigations.

1. How much training have you received on the MIOG, Attorney General
Guidelines and other important legal guidelines, regulations, and laws
governing your work. From whom do you receive any such training -
NSLU, OIPR, or others?

2. Guidance you receive from FBIHQ and DOJ on how to achieve the
appropriate balance between civil liberties and security.

3. Specific steps your office has taken to ensure that civil liberties are adequately
protected, particularly in terms of FBI efforts to ensure
the protection of individuals' First Amendment rights.

4. Aggressiveness of FBI investigations targeting religious figures

and religious institutions.

5. Policy or legal obstacles to effective and aggressive investigation

of international terrorism cases.

B. DOJ and FBI policies for processing information collected during the
course of their investigations, and how this actually occurs.

C. DOJ and FBI policies for disseminating information collected during the
course of their investigations, and how this actually occurs.

D. Your perspective on the effectiveness of these changes in preventing terrorist

activity.
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1. Extent to which DOJ and FBI HQ have provided guidance on how to
shift from reactive to preventative.

2. Which of these investigative techniques, including material witness

warrants, immigration detentions, voluntary interviews, deterrent
prosecutions, your squad has used, and to what extent.

3. Extent to which this preventative focus has represented a shift away

from long-term CT investigations, and their perspective on any
resulting negative impacts on the CT program.

4. Overall problems you have observed in the FBI's efforts to shift from
reactive to a preventative mode.

5. Your perspective on the deterrent effect of prosecutions for minor

violations.

6. Important counterterrorism leads and information you have developed

as a result of these new investigative techniques.

IX. Collaboration with Agencies or Offices Outside of the WFO

A. Please describe your interaction with offices within FBI Headquarters.

B. Are there any formal arrangements for coordination between your

unit/office and offices within FBI HQ? Please describe.

C. Please describe your interaction with other agencies or offices outside of

the FBI, including:
1. National or local Joint Terrorism Task Forces

2. Other agencies within the Intelligence Community

3. State and/or local law enforcement agencies

4. Other agencies or offices.

D. Are there any formal arrangements for coordination between your

unit/office and any outside agencies or offices? Please describe.
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E. Have there been any changes in the way you and your office have
collaborated with other agencies over the past couple of years?

F. In what ways do you feel the collaboration has been particularly effective?
In your judgment, how could the collaboration and information sharing
with outside agencies be improved upon? What obstacles do you perceive
making these improvements?

G. Please evaluate the quality of information you receive from other agencies.

X. Recent FBI Reforms

A. During your tenure within the FBI, what changes, if any, that we have not
already discussed have been proposed or implemented in the way you
perform your work and the way your particular unit or office strives to
accomplish its mission?

B. What is your sense of how well your unit's function was performed prior
to these changes?

C. Has your office undergone more than one round of reforms since you
started? Please describe them in detail. Is your office currently
undergoing reform? Are there proposed reforms to the way your office
works that are yet to be implemented?

D. hi your judgment, have these reforms been helpful to accomplishing your

mission? Please describe some specific ways in which the reforms have
actually improved your office's success.

E. hi what ways, if any, have the reforms created new issues or obstacles to
successfully completing your mission?

F. If it were up to you, what additional reforms or changes to the way your

office operates would you suggest in order to achieve the greatest possible
success in completing your office's mission? What obstacles exist, if any,
to implementing any of the reforms you would propose?

G. As a result of these reforms, has your office undergone any change is

resources? Do you have more or fewer professional personnel to
accomplish your mission? Have you been given additional tasks or
responsibilities? Have you been given additional support to accomplish
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these responsibilities — either hi the form of additional personnel or

improved technology?

XI. Coimterterrorism Strategy

A. Please describe your office's approach to detecting, deterring, and

preventing terrorism. Among all of the responsibilities you have, where
do counterterrorism responsibilities rank in priority? What percentage of
your time is spent on counterterrorism?

B. During your tenure at the FBI, have you detected a shift in emphasis on
counterterrorism? How has your office's actual approach to
counterterrorism changed? When did it change? Is it changing still? Did
a shift in resources (personnel, technology, etc.) accompany the shift in
strategy?

C. In your estimation, were the changes necessary and substantive? Has the
increased emphasis on counterterrorism changed the way in which you
have worked? Please describe in detail the specific ways in which your
work has changed as a result of the shift in strategy.

D. To what extent do you and/or your office have input on developing the
FBI's counterterrorism strategy? What is the process for providing your
input?

E. Who within your office allocates resources and determines priorities for
accommodating or implementing changes to the FBI's counterterrorism
strategy? Is there a formal process for setting goals and objectives within
the WFO and within your particular office with respect to achieving an
effective counterterrorism strategy?

F. What discretion does your office have in shifting strategy, priorities, and
resources? To what extent is your office's investigations and priorities
determined by Headquarters? To what extent are other members of the
Intelligence Community and/or the JTTFs shaping your counterterrorism
strategy?

G. How often does your office's approach to counterterrorism get

reevaluated? How does your office measure the effectiveness of your
counterterrorism strategy? For example, how do you know if what you're

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trying to do is the most effective approach to counterterrorism? Is there a

formal process for evaluation?

H. In your view, has the new emphasis on counterterrorism negatively impact

the other priorities of the FBI? In what ways? In your view, is the
emphasis on counterterrorism appropriate, or is it being over- or under-
emphasized relative to other priorities?

XII. Comparison of Pre- vs. Post- 9/11 Approaches to Counterterrorism

A. What is your overall assessment of the way in which your office, and the
FBI more broadly, operated to detect, prevent, and deter terrorism in the
United States prior to 9/11?

B. What is your overall assessment of the way in which your office, and the
FBI more broadly, operates to detect, prevent, and deter terrorism in the
United States today?

C. In your view, what accounts for the failures, if any, in the FBI's approach
to counterterrorism prior to 9/11? What barriers existed that prevented the
accomplishment of any necessary reforms before 9/11?

D. In your view, how far along is the FBI in actually implementing the
changes proposed?

E. Once the current proposals are actually implemented, in your view, will
the FBI have the best approach to counterterrorism possible? Are
additional reforms necessary?

F. If it were up to you, what additional improvements would you suggest to

help achieve the most effective counterterrorism policy possible? In your
view, what would be some of the most helpful suggestions we could
make?

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