http://www.denverpost.com/2017/04/08/fbi-terrorism-related-tips/

FBI reviews handling of thousands of terrorism-related tips

The Associated Press
<http://www.denverpost.com/author/the-associated-press/>April 8, 2017 at
9:52 am

[image: Description: Visitors at a makeshift memorial ...]

John Raoux, Associated Press file

In this July 11, 2016, file photo, visitors at a makeshift memorial outside
the Pulse nightclub, the day before the one month anniversary of a mass
shooting, in Orlando, Fla. The FBI has been reviewing the handling of
thousands of terror-related tips and leads received over the last three
years to make sure they were properly investigated and that no obvious red
flags were missed, The Associated Press has learned. It follows attacks by
people once on the FBI’s radar but who in the last 12 months are accused of
massacring innocents in an Orlando nightclub, injuring people on the
streets of New York, and gunning down travelers in a Florida airport.

*By Eric Tucker*, *The Associated Press*

WASHINGTON — The FBI has been reviewing the handling of thousands of
terrorism-related tips and leads from the past three years to make sure
they were properly investigated and no obvious red flags were missed, The
Associated Press has learned.

The review follows attacks by people who were once on the FBI’s radar but
who have been accused in the past 12 months of massacring innocents in an
Orlando, Florida, nightclub, injuring people on the streets of New York
City, and gunning down travelers in a Florida airport. In each case, the
suspects had been determined not to warrant continued law enforcement
scrutiny months and sometimes years before the attacks.

The internal audit, which has not been previously reported, began this year
and is being conducted in FBI field offices across the country. A senior
federal law enforcement official described the review as an effort to “err
on the side of caution.”

The audit is essentially a review of records to ensure proper FBI
procedures were followed. It’s an acknowledgment of the challenge the FBI
has faced, particularly in recent years, in predicting which of the tens of
thousands of tips the bureau receives annually might materialize one day
into a viable threat.

Investigations that go dormant because of a lack of evidence can resurface
instantly when a subject once under scrutiny commits violence or displays
fresh signs of radicalization. FBI Director James Comey has said it’s like
finding a needle in a haystack and determining which piece of hay may
become a needle.

Though there’s no indication of significant flaws in how terrorism
inquiries are opened and closed, the review is a way for the FBI to “refine
and adapt to the threat, and part of that is always making sure you cover
your bases,” said the law enforcement official, who was not authorized to
discuss the matter by name.

The pace of the FBI’s counterterrorism work accelerated with the rise of
the Islamic State group, which in 2014 declared the creation of its
so-called caliphate in Syria and Iraq and has used sophisticated propaganda
to lure disaffected Westerners to its cause. By the summer of 2015, Comey
has said, the FBI was “strapped” in keeping tabs on the group’s American
sympathizers and identifying those most inclined to commit violence.

Social media outreach by IS has appealed to people not previously known to
the FBI but also enticed some who once had been under scrutiny to get “back
in the game,” said Seamus Hughes, deputy director of George Washington
University’s Program on Extremism.

“The fact that there was a physical location and a caliphate announced, it
helped kind of drive folks back in when they might have drifted away,”
Hughes said.

The review covers inquiries the FBI internally classifies as “assessments”
— the lowest level, least intrusive and most elementary stage of a
terror-related inquiry — and is examining ones from the past three years to
make sure all appropriate investigative avenues were followed, according to
a former federal law enforcement official who spoke on condition of
anonymity to discuss the process.

Assessments are routinely opened upon a tip — whether from someone
concerned about things such as activity in a neighbor’s garage, a
co-worker’s comments or expressions of support for IS propaganda — and are
catalogued by the FBI. The bureau receives tens of thousands of tips a
year, and averages more than 10,000 assessments annually.

FBI guidelines meant to balance national security with civil liberties
protections impose restrictions on the steps agents may take during the
assessment phase.

Agents, for instance, may analyze information from government databases and
open-source internet searches, and can conduct interviews. But they cannot
turn to more intrusive techniques, such as requesting a wiretap or internet
communications, without higher levels of approval and a more solid basis to
suspect a crime or national security threat. The guidelines explicitly
discourage open-ended inquiries and say assessments are designed to be
“relatively short,” with a supervisor signing off on extension requests.

Many assessments are closed within days or weeks when the FBI concludes
there’s no criminal or national security threat, or basis for continued
scrutiny.

The system is meant to ensure that a person who has not broken the law does
not remain under perpetual scrutiny on a mere hunch that a crime could
eventually be committed. But on occasion, and within the past year, it’s
also meant that people the FBI once looked at but did not find reason to
arrest later went on to commit violence.

In the case of Omar Mateen, that scrutiny was extensive, detailed and
lengthy.

Mateen, who shot and killed 49 people at an Orlando nightclub in June, was
investigated for 10 months in 2013 and interviewed twice after a co-worker
reported that Mateen had claimed connections to al-Qaida.

As part of a preliminary investigation, agents recorded Mateen’s
conversations and introduced him to confidential sources before closing the
matter. That kind of investigation is more intensive than an assessment and
permits a broader menu of tactics, but it also requires a stronger basis
for suspicion. Mateen was questioned again in 2014 in a separate
investigation into a suicide bomber acquaintance. Comey has said he has
personally reviewed that inquiry’s handling and has concluded it was done
well.

The FBI in 2014 also opened an assessment on Ahmad Khan Rahimi, who last
September was charged in bombings in Manhattan and New Jersey, after his
father expressed concerns about his internet use and his associations. The
FBI said it closed the review after checking databases and travel and
finding nothing that merited continued investigation.

Esteban Santiago, the man accused in the January shooting at the Fort
Lauderdale, Florida, airport that killed five people, had also been looked
at by the FBI. He had walked into the bureau’s office in Anchorage, Alaska,
two months earlier and claimed his mind was being controlled by U.S.
intelligence officials. In that case, too, the FBI closed its assessment
after interviewing family members and checking databases.

Each act of violence has raised questions about whether the FBI missed
signs or should have been more aggressive in its investigation. With
thousands of assessments pouring in, those decisions aren’t easy.

“If you’re looking at all the cases, if everything’s blinking red, you have
to make a judgment call every time,” Hughes said.

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