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Wednesday, May. 18, 2011


An evolving FBI strategy


By JOHN SHIFFMAN - The Philadelphia Inquirer 

PHILADELPHIA Special Agent John Kirk exemplifies the new FBI. A hybrid
agent, he is one part crime-fighter, one part intelligence operative.

Posted full time at Philadelphia International Airport, Kirk has an office
just steps from a one-way mirror through which he can view travelers
entering the country. His primary job is not to make arrests, but to make
friends and build sources among airport, airline and other law enforcement
employees. It helps that he happens to be a former pilot.

That the FBI would post a man at a desk full time at an airport, a
most-favored terrorist target, would seem to be a no-brainer. 

Except that the FBI airport job is relatively new. It was created just last
year, nine years after the Sept. 11 attacks.

The agent still doesn't have a computer on his desk. He carries a
BlackBerry, but because the FBI is still working to burglar-proof his
office, he must return downtown to view top-secret material.

Kirk's posting at the airport provides a window into the FBI's evolving
counterterrorism strategy at the local level - an intelligence-driven
structure that is expected to continue to grow.

George Venizelos - the special agent in charge of the Philadelphia office;
last year he supervised the FBI manhunt that caught the failed Times Square
bomber in New York - said Osama bin Laden's death has forced Americans to
reflect on Sept. 11 and recall "how real terrorism is and how dangerous it
is."

Following bin Laden's death, al-Qaida issued an ominous statement: "We will
remain, God willing, a curse chasing the Americans and their agents,
following them outside and inside their countries. Soon, God willing, their
happiness will turn to sadness. Their blood will be mingled with their
tears."

The statement didn't surprise some counterterrorism agents. "Just because we
got the bogeyman doesn't mean our mission will change," one said.

In Philadelphia, counterterrorism agents have scored three high-profile
successes since Sept. 11: the busts of the homegrown terrorist known as
"Jihad Jane," the five men convicted of plotting an attack on Fort Dix in
New Jersey, and the 26 men charged in a Hezbollah gun-running and Stinger
missile case.

Local agents have also played minor roles in the attempted al-Qaida attack
on cargo planes, including two that landed at the airport here, and the case
of heroin dealer and DEA informant David Headley, a former Philadelphian
implicated in the 2008 terrorist attacks in Mumbai, India.

But most of today's counterterrorism work in Philadelphia takes place behind
the scenes, where roughly 85 men and women work largely in the shadows
alongside CIA analysts, expanding a local network of informants, developing
intelligence, investigating threats, passing tips to counterparts on
criminal squads, listening to national security wiretaps and, on occasion,
performing that oh-so-traditional FBI duty - making arrests.

"What you're seeing is a transformation of the FBI, from how it's operated
for the last century," said Republican U.S. Rep. Patrick L. Meehan, the
senior federal prosecutor in Philadelphia from 2001 to 2008 and now chairman
of the House Homeland Security subcommittee on counterterrorism and
intelligence. "The FBI is engaged in a new challenge - identifying a
potential act before it's committed and preventing it from happening."

That new approach is often the subject of national debate - it was recently
Time magazine's cover story and the ACLU sued the FBI for collecting racial
and ethnic data in New Jersey.

What is less known, however, is the view of the street agents.

The shift from law enforcement to intelligence means that the FBI office
here has an agent assigned to help protect the region's colleges but also to
collect information from them. It means that there are more squads assigned
to combat al-Qaida in Philadelphia than public corruption - to tackle the
kinds of cases that took down former state Sen. Vincent J. Fumo and City
Treasurer Corey Kemp.

There are four squads in the local Joint Terrorism Task Force (JTTF), with
roughly half being specialists drawn from other law enforcement agencies,
such as Immigration and Customs Enforcement, or ICE, state and local police
and the Southeastern Pennsylvania Public Transportation Authority (SEPTA).
These "task force officers" have the full powers and security clearances of
an FBI agent and work under FBI command.

So sensitive are some JTTF operations that the FBI can't publicly discuss
much of what it considers its most important local work.

For example, according to law enforcement sources, information gathered by
Philadelphia JTTF agents in 2005 helped prevent a terrorist attack on U.S.
troops in Baghdad.

Many agents have embraced the new FBI - viewing it as a patriotic calling
akin to military service. But other agents worry that the bureau's mission
has been warped, as local counterterrorism squads "chase ghosts" at the
expense of making cases against traditional targets, such as corrupt
politicians, bank robbers, drug dealers and financial scammers.

"Look, obviously terrorism is important, but it's not why I joined the FBI,
and you have to wonder what we're missing - people are getting away with
things we would have been all over 10 years ago," said a veteran agent.

In a series of rare interviews in recent months, JTTF members described
their work and what motivates them.

"The public thinks it's like Jack Bauer on '24,' " said FBI Agent George
Husk. "It ain't like on TV."

A handful of JTTF members do respond to immediate threats, such as
suspicious packages, but most of the work is painstaking.

"Sometimes we don't even disclose our involvement," said Trina Washington,
who formerly supervised an al-Qaida squad here. "Whatever gets us there,
legally - especially if it helps us neutralize a target, even against
someone unwittingly helping a terrorist."

The terror tips, a handful a day, arrive from local residents and police,
and they are all filtered through the FBI's gatekeeper in Philadelphia,
analyst Frank Filia.

Jihadist graffiti spray-painted on a bulldozer in South Jersey threatening
Independence Hall. A suspicious person photographing the Navy Yard. A
Delaware County man making veiled threats against federal employees. A
Pakistani allegedly recruiting for al-Qaida in a city neighborhood.

These are called Guardian leads.

Since Sept. 11, the FBI says it checks out every Guardian lead, no matter
how vague or absurd. Each tip will either become an investigative case or,
in FBI parlance, "wash out." Most wash out.

JTTF members know that when the phone rings and Filia's name comes up on the
caller ID, it means their day is probably about to take a turn.

The minivan, complete with child's toy and car seat, cruises a Delaware
County street of rowhouses, past a suspect's house.

No sign of life, except for a crude sign on the porch: "No Trespassing. This
is Sovereign land."

The FBI agents in the van are running down a Guardian lead. The suspect, who
has written an ominous letter to a county official, is a suspected leader of
the Sovereign Citizens - a separatist, sometimes violent, white supremacist
movement. Sovereign members are accused of killing two Arkansas policemen
last year during a traffic stop.

The agents aren't looking to arrest anyone on this day. As far as they can
tell, the suspect hasn't broken any laws - yet. But the agents want to speak
with him. With suspected domestic terrorists, the new FBI strategy goes,
sometimes that's all it takes - a warning, a wake-up call - to deter a
future crime.

The agents pull into the local post office and find the neighborhood letter
carrier. They ask if she's seen anyone in the house lately. She hasn't. The
agents flash their badges at her supervisor and ask him to check if the man
has filed a change of address notice. The supervisor types a few keystrokes
and gives the agents what they want.

Later, the agents will check the address. But the suspect has already moved
on.

The urgent report came in the early afternoon of Feb. 1, a chilly, drizzly
Tuesday:

An explosion at the Girard Avenue SEPTA station. A man seen, seconds before
the blast, dropping a backpack and running away.

"I'm thinking, 'This is it,' " recalled Michael Sylvester. who scrambled
with colleagues from FBI cubicles on Arch Street to cars in the basement,
and raced northeast, lights flashing, sirens screaming.

Sylvester is not an FBI agent, but a SEPTA detective assigned to the JTTF,
one of the "task force officers."

The backpack incident, though still unsolved, is precisely the kind of
scenario for which the JTTF was created. With Sylvester at the station in
his dual roles for the FBI and SEPTA, the investigation moved swiftly. The
federally deputized detective instinctively knew how and where to find the
best video and SEPTA witness.

"Everything is streamlined," Sylvester said.

SEPTA's role on the JTTF would seem critical. Ask agents what keeps them up
at night - where the next terrorist attack will occur - and the majority say
the rails. And U.S. officials said that evidence seized from bin Laden's
home show al-Qaida plotted to attack American railroads to mark the 10th
anniversary of Sept. 11.

To that end, Sylvester has been training FBI agents on how to respond to
such a disaster: Tips like how to enter a subway car in an emergency, where
to walk in a tunnel and how to avoid the electrified third rail.

Sylvester, 42, said the most surprising thing about his job was the way the
classified threat reports had altered his world perspective.

"I had the outsider's view, from TV and papers, and it's easy to look away
when things don't seem so real," he said. "But I've become much more
educated and it makes you want to do more. It makes you more passionate. It
just seems so much more real on the inside."

Such cooperation between the FBI and its JTTF partners, once seen as mere
lip service, now appears genuine.

The best evidence of this is probably Operation Phone Flash, an undercover
case that targeted a Hezbollah cell trying to obtain guns and missiles.

The case began in April 2006 as a Guardian lead: Seven Lebanese men moving
mysteriously about a Philadelphia house.

Two task force officers checked it out, New Jersey State Trooper Frederick
Fife and U.S. Immigration and Customs Enforcement Agent Mark Olexa. Working
surveillance, they traced a Michigan license plate near the home to a
suspected Hezbollah contact.

At that point, Fife worried the FBI might take the case away and give it to
"real" FBI agents. He'd heard that this had happened to others in the past -
big cases reassigned to young FBI agents with less experience than often
more seasoned task force investigators.

"Thankfully, that didn't happen," Fife recalled, adding that he was amazed
by the level of mentoring and encouragement he received from FBI supervisors
in Philadelphia and Washington.

Olexa, who had been the ICE agent on the Fort Dix case, didn't have such
worries - though he added, "it was remarkable because it was the first
significant case I'd had without an FBI agent as a partner."

Operation Phone Flash would take them to Jordan, the Czech Republic,
Slovakia, Paraguay, Turkey and elsewhere. Ultimately, JTTF agents from the
FBI, State Department and IRS would join the case. Thus far, 14 people have
pleaded guilty to crimes from material support for terrorism to illegal arms
export to counterfeiting to immigration violations.

"It was a case of real-life collaboration working the way it's supposed to,"
Olexa said. "We're definitely better when we work together."

Across the region, the FBI is laying what it calls "trip wires."

The agent at the airport hands out pamphlets to airline employees, reminders
to look for suspicious activity. Other agents encourage community, industry
academic, and religious leaders to do the same.

Joe Metzinger, a gregarious FBI agent who has investigated terror cases
since 1996, is assigned to one of the more sensitive tasks. He is the FBI
liaison to the region's colleges and universities, meeting often with campus
safety directors and other officials.

He offers training, helping schools recognize potential signs of terrorist
activity and how to react to a Virginia Tech-style mass shooting. But he's
also busy making contacts, collecting information.

"You have to be careful because campuses by their very nature are supposed
to be open and accessible," he said, though he also added: "We thrive on
information."

Civil libertarians worry about such FBI initiatives, citing federal privacy
rules that protect student records and the bureau's history of circumventing
privacy laws. An inspector general's report last year found that the FBI
agents working with phone companies became so cozy that they obtained
records without formal authorization, including numbers called by
journalists.

"We'd be concerned that the relationships developed on campuses might also
allow information to be passed informally," said Mike German, a former FBI
agent who is now an American Civil Liberties Union lawyer. "We'd also worry
that any FBI presence on campus would tend to chill free speech."

Agents say that they are mindful of civil rights, and that such "trip wire"
work has already paid dividends, sometimes in unexpected ways.

Months after an FBI agent paid a routine visit to a chemical company, an
executive called to report a suspicious inquiry. Someone had tried to order
chloroform, a request usually made by corporations or schools, not
individuals.

The FBI ran the man's name, and found that he was a convicted sex offender.
Agents paid him a visit.

On May 4, JTTF agents set off a car bomb in State College.

It was part of a weeklong training exercise. FBI bomb and
weapons-of-mass-destruction agents spend a good deal of time teaching local
police how to fend for themselves. The JTTF emphasizes this because the FBI
has only a handful of experts in every city. If terrorists mount a
multipronged attack, as they did on Sept. 11 and during the London train
bombings, the FBI wants to be prepared.

"It's a force multiplier," said squad supervisor Sam Smemo. "We can't be
everywhere."

The emphasis on surveillance and training worries some veteran FBI agents.

They believe the new, intelligence-driven, proactive FBI has gone too far.

"The pendulum has swung too much - you now have the tail wagging the dog,"
said an agent who has worked on international cases. "You have intel
directing the FBI focus, looking for predicted crimes, not the street agents
who go after actual crimes."

Several agents said turf battles and bureaucracies that caused FBI
supervisors to dismiss pre-Sept. 11 warnings from field offices still exist.

A recent U.S. Senate report criticizes "an all-too cursory" FBI
investigation into the Fort Hood shooting. The JTTF in San Diego warned that
Nidal Hasan had been in contact with a terrorist, but the JTTF in Washington
did not make this a priority.

What's more, Carlos Bledsoe, a Muslim convert who had traveled to Yemen, was
under surveillance by JTTFs in two states before he shot two soldiers at a
Little Rock, Ark., recruiting station in 2009. A law enforcement source said
the FBI later discovered a nexus to Philadelphia - anti-American material
generated at local mosque.

"How did a guy like that get lost in the system?" said a federal law
enforcement official.

Some veteran agents also say the FBI is not as agile as it boasts, and
instead has become more bureaucratic as the number of analysts and their
intelligence reports have tripled. They complain that street agents spend
too much time gathering data for analysts, who then generate reports - which
often land on the desks of those very same agents.

"It's insane - we've recreated the self-licking ice cream cone," said an
agent who spent years on the JTTF.

A younger agent who was assigned to the JTTF shortly after graduation from
the FBI Academy described the work as unsatisfying and frustrating. "I felt
like we were chasing ghosts." He loves his new, more traditional post. "Now
I lock up bad guys."

Many agents worry, too, that the FBI's commitment to traditional
crime-fighting duties - violent crime, public corruption, drugs and
financial fraud - has waned.

"The terrorists are still out there, and we need to do this significant
work, but the feeling is there's nobody left to work serious fraud cases,"
said a federal prosecutor.

But other longtime agents have embraced the change.

"I feel this tremendous need to work these cases," said Smemo, who became an
agent in the 1990s with an eye on fighting drugs and who now supervises the
domestic terrorism squad here. "Counterterrorism is the FBI's highest
priority for a reason. You saw what happened to our country on 9/11. We have
to stop it from happening again. What could be more important than that?"

Konrad Motyka, president of the FBI Agents Association, says the bureau
needs to strike a balance. "Many changes were inevitable, but it's important
that as the FBI transforms itself and pursues its primary mission to protect
the homeland that it not leave its core competencies behind."

When the FBI makes an arrest these days, things aren't always as they seem.

The FBI routinely uses tax, false statement and immigration violations to
help deport people it suspects - but cannot prove - are involved in
terrorism or financing terrorists, officials said.

"The cases will show up on the public docket as simple immigration cases,
but often the fact is what's going on is driven by intelligence," said
Meehan, the former U.S. attorney.

Kathyrn Lambert, who supervises an al-Qaida squad here, said, "There's
almost always an immigration nexus that can be exploited."

Lambert, 48, is the most experienced terrorist-hunter in Philadelphia and
one of the few women.

"I've been wanting to do this kind of work since I was 12," she said during
an interview inside a SCIF, or a Sensitive Compartmentalized Information
Facility, a bug-proof section of the building where the FBI's
counterespionage squads are also located.

Lambert wrote her doctoral thesis on terrorism. As a college professor, she
found few colleagues versed in the Islamic threat. She joined the FBI in
1995, and has worked in the Middle East and interviewed detainees at
Guantanamo.

Lambert supervises a young squad of 16 task force officers and agents, half
of whom were infants when Lambert was in college. She urges them to get out
of the office to meet people and make sources.

"You'd be surprised," she said, "how many people out there are helping us,
providing information, Muslims who don't support terrorism."

Talking to these people is the best way, she said, to achieve the FBI's new
mission:

"At the most basic level, our job is to collect information. We work and we
work and we work, and still, we know, something can slip through." 

 



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