FBI reviews handling of terrorism-related tips

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 likened the difficulty to finding not only a needle in a haystack but 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, based on concerns expressed by his father. The FBI said it closed the review after checking databases and travel and finding nothing that tied him to terrorism. 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

Baldwin County officials refuse to lower flags for Orlando shooting victims

American flag sunlight

The aftermath of the nation’s deadliest mass shooting in Orlando last week has seen touching acts of solidarity across the nation. But not so in Baldwin County. Officials there refused to respond to entreaties to lower official flags in the county to half-staff, according to news reports. Commissioner Tucker Dorsey explained the move thusly, speaking to reporters Thursday: “I am of the opinion, by reading the flag code of the United States, that while my heart certainly goes out to the victims and their families…it doesn’t meet the test of the reason for the flag to be lowered to half-staff.” The move comes despite a federal order from President Barack Obama and a state corollary from Gov. Robert Bentley that all state and federal flags are to be lowered until noon Thursday. The Baldwin County Commission’s chairman refused, saying discretion over the status of flags lies with him —  and he decided against it. Dorsey also declined to lower the flags following the terror attacks on Paris and San Bernardino in recent months. The commission’s chairman explained on his Facebook page: Lowering the flags to half-staff after [a] mass shooting or terrorist event is not a valid circumstance or memorial as specified in the U.S. flag code. I realize that the President and Governor may make the order, but I believe and interpret their order inconsistent with the adopted flag code. Dorsey continued that he thought lowering the flag was tantamount to the state “holding its head down” and vowed he wanted all Americans to “stand tall, courageously, and fight back against the forces of evil, and let’s fight like we intend to win.” At press time, it was unclear whether state or federal officials had taken any interest in reprimanding the Baldwin Commission.