The Department of Justice's Terrorism Task Forces

Evaluation and Inspections Report I-2005-007
June 2005
Office of the Inspector General

Office of the Attorney General Washington, D.C. 20530 September 17, 2001 MEMORANDUM FOR ALL UNITED STATES ATTORNEYS FROM: THE ATTORNEY GENERAL   SUBJECT:    ANTI-TERRORISM PLAN   Last Tuesday marked a turning point in this country's fight against terrorism. That morning, the forces of terrorism attacked the citizens of our country with a ferocity that was nothing short of a declaration of war against the American people. The President of the United States has announced that we will meet that declaration with a full commitment of resources and with a firm resolve to rid the world of terrorism. The fight against terrorism must be our first and overriding priority. As the 1995 bombing in Oklahoma City and the events of last week clearly demonstrated, much of the terrorism directed at American citizens is orchestrated and carried out by persons residing in our country -- people who enjoy the blessings of our free society yet commit themselves to its destruction. We in law enforcement must do everything within our power to apprehend those persons and to eradicate the forces of terrorism in our country. The memory of those who fell last week and our sworn duty to "support and defend the Constitution of the United States against all enemies, foreign and domestic" demand that we dedicate ourselves to this mission. Accordingly, I hereby direct every United States Attorney to commit all available resources and manpower to our national mission against terrorism, and I instruct each United States Attorney's Office to implement the following measures to enhance our capacity to combat terrorism: Implement the Department's Anti-Terrorism Plan. The guiding principle of this enforcement plan is the prevention of future terrorism through the dismantling of terrorist organizations operating within the United States. This plan focuses on preventing terrorism by arresting and detaining violators who have been identified as persons who participate in, or lend support to, terrorist activities. Federal law enforcement agencies and the United States Attorneys' Offices will use every available law enforcement tool to incapacitate these individuals and their organizations. Establish an Anti-Terrorism Task Force within each district. At my direction, each United States Attorney's Office last week identified one experienced prosecutor who will serve as the Anti-Terrorism Coordinator for that district. That Coordinator is to convene a meeting of representatives from the federal law enforcement agencies - including the FBI, INS, DEA, Customs Service, Marshals Service, Secret Service and ATF - and the primary state and local police forces in that district . That group will constitute the Anti-Terrorism Task Force in each district. These task forces will be part of a national network that will coordinate the dissemination of information and the development of investigative and prosecutive strategy throughout the country. The efforts of each task force will be coordinated by the Anti-Terrorism Coordination that district. Each Anti-Terrorism Coordinator will, in turn, coordinate with a National Anti-Terrorism Coordinator in the Terrorism & Violent Crime Section of the Criminal Division. The National Anti-Terrorism Coordinators will be assigned by region of the country, and they will have primary responsibility for coordinating activities within their assigned region and integrating those activities into the Department's national anti-terrorism strategy. The creation of these Anti-Terrorism Task Forces and their coordination on a national level will serve several purposes. First, these task forces will be a conduit of information about suspected terrorists - between the federal and local agencies. Intelligence about terrorist networks obtained by federal agencies will be disseminated through these task forces to the local police officials who can help monitor those networks in their localities. Also, intelligence developed by local police will be conveyed through this collaboration to the federal agencies. Second, the Anti-Terrorism Task Force in each district will serve as a coordinating body for implementing the operational plan for the prevention of terrorism. Once information is received indicating that individuals or groups of individuals in a particular district are terrorists or supporters of terrorism, the members of the Anti-Terrorism Task Force, in conjunction with their National Anti-Terrorism Coordinator, will determine and implement the most effective strategy for incapacitating them. Third, the Anti-Terrorism Task Force in each district will serve as a standing organizational structure for a coordinated response to a terrorist Incident in that district. In sum, the implementation of task forces coordinated by the United States Attorney in each district will provide the operational foundation for a concerted national assault against terrorism. With the Criminal Division providing centralized strategic guidance and the task forces tailoring the strategy to the circumstances of each district, this system will provide law enforcement with a comprehensive and seamless approach to attack terrorism within our borders. The task forces will be receiving clear guidance from the Department on an ongoing basis. The Deputy Attorney General and the Assistant Attorney General for the Criminal Division held a teleconference today with all United States Attorneys and Anti-Terrorism Coordinators in which they discussed the Department's immediate anti-terrorism strategy and provided guidance for establishing the task forces in each district. The Department will be distributing materials about the mission and methods of the task forces. Also, a national conference of the Coordinators will be held at the National Advocacy Center, at which representatives of the Attorney General and the FBI Director will detail the operational plan for terrorism prevention and provide briefings about the terrorist activities in each region of the country. Provide regular reports on anti-terrorism activities. Each district is to report regularly on the activities of its Anti-Terrorism Task Force. EOUSA will develop and distribute a template for that report, and the reports will be compiled for review by the Deputy Attorney General, the Assistant Attorney General for the Criminal Division and myself. These reports will be closely reviewed to ensure that the Anti-Terrorism Task Forces around the country are properly structured and staffed, and that they maintain their focus and effectiveness over time. Appoint an immigration coordinator. Each district is to appoint an Assistant United States Attorney to act as the district's liaison with the Immigration and Naturalization Service and to oversee the handling of all immigration cases brought as a result of this anti-terrorism plan. Implement the Anti-Terrorism Plan by the following deadlines: Each district was to appoint an Anti-Terrorism Coordinator by September 13, 2001. Each district is to designate an immigration coordinator by noon September 18, 2001. The Anti-Terrorism Coordinator in each district is to convene a meeting of the Anti-Terrorism Task Force by close of business September 18, 2001. The Anti-Terrorism Coordinator is to submit the first report on the activities of the task force by close of business September24, 2001. I understand that this is an aggressive and ambitious agenda, and that it represents a change in the manner of doing business in the United States Attorneys' Offices. We must all recognize, however, that our mission has changed with the events of last week. The threat that seemed fairly remote to most Americans six days ago is now felt in every heart and in every home in the United States. If we hope to dispel this threat, we must meet it with ingenuity and determination. I call upon each of you to commit yourselves and your offices to this mission. The security of the nation demands such a commitment.

U. S. Department of Justice Office of the Deputy Attorney General Washington, D.C. 20530 October 25, 2001 MEMORANDUM FOR  ALL UNITED STATES ATTORNEYS' OFFICES   ALL FEDERAL BUREAU OF INVESTIGATION FIELD OFFICES FROM: THE DEPUTY ATTORNEY GENERAL   SUBJECT:    Authority of Anti-Terrorism Task Force Operations   On September 17, 2001, the Attorney General issued an anti-terrorism directive that tasked each United States Attorney with coordinating operations of the Anti-Terrorism Task Force ("ATTF") within each district. The responsibilities of the United States Attorney and his or her Anti-Terrorism Coordinator include the following: (1) convening and establishing the agenda for task force meetings; (2) ensuring that the participating state, local and federal agencies work in a coordinated fashion and freely share information; (3) developing a consensus among the task force members about investigative and prosecutive priorities and strategy; (4) collaborating with the National Anti-Terrorism Coordinators about priorities and strategy; and (5) ensuring that the member agencies maintain a long-term focus on ant-terrorism after the initial reaction to the September 11th attacks subsides. Questions have been raised about the extent of the United States Attorneys' authority over task force operations, and specifically about their role in investigative activities that are not related to an ongoing prosecution. I will answer those questions with this memorandum. I liken the role of the United States Attorney on the ATTF to that of an Assistant United States Attorney ("AUSA") who becomes involved in a case prior to an arrest, and therefore before the investigation officially turns into a prosecution: When an AUSA becomes involved at such a stage, he or she does not supplant the case agent as the primary investigator on the case. The case agent retains the responsibility for managing the investigation, and the AUSA simply provides guidance to ensure that the investigation aligns with the strategy for the ultimate prosecution. Similarly, the United States Attorney's role on the Anti-Terrorism Task Force is not to dictate how the member agencies carry out their investigative work, but rather to ensure that the work of each task force is directed, effective and consistent with the national anti-terrorism strategy. The United States Attorney is to coordinate task force operations, but to do so without jeopardizing the investigative initiative and operational independence of the investigating agencies. This allocation of coordinating authority between the United States Attorney and the investigating agencies will apply equally to those districts in which an FBI Joint Terrorism Task Force ("JTTF") was already operating before the ATTFs began as well as to those districts that have never had a JTTF. In those districts that currently have a JTTF, however, the allocation of operational authority will be more strictly defined, in recognition of the FBI's established presence and leadership role in those districts. While the JTTFs will certainly "participate as members of the Anti-Terrorism Task Force," as directed by the Attorney General, the FBI leadership in those districts will retain and exercise primary operational authority, in coordination and consultation with the A TTF and the United States Attorney's Anti-Terrorism Coordinator, over all JTTF investigative activities that are not related to an ongoing prosecution. In all other districts, the United States Attorney and the FBI will jointly coordinate A TTF investigative activities in accordance with the paradigm described above. I trust that this memorandum answers any concerns about the allocation of responsibility between the United States Attorneys' Offices and the FBI Field Offices in the Department's campaign against terrorism. Thank you for all your hard work, and for your dedication to the cause of protecting our country against terrorism.

Office of the Attorney General Washington, D.C. 20530 September 24, 2003 MEMORANDUM FOR ALL UNITED STATES ATTORNEYS FROM: THE ATTORNEY GENERAL   SUBJECT:    Responsibilities of Anti-Terrorism Advisory Councils (ATACs)   On September 17, 2001, I issued an anti-terrorism directive which established Anti-Terrorism Task Forces (ATTFs) in each of the Districts in order to facilitate the Department's number one priority: the protection of America against the threat of terrorism. Since that time, the U.S. Attorneys have constituted and led the ATTFs as a complement to the operational counterterrorism efforts of the Federal Bureau of Investigation (FBI) and the Joint Terrorism Task Forces (JTTFs). As the chief federal law enforcement officials in your respective Districts, each U.S. Attorney has brought inherent leadership and experience to ensure effective implementation of the President's war on terrorism. I appreciate the many successful projects that you have initiated, including large-scale projects such as the Interview Project and the Airport Security Reviews, countless training programs and forums, and the facilitation of a new era of information sharing. You have made great strides in reaching out to state and local law enforcement, forging unprecedented levels of outreach and cooperation, as well as coordinating with the new Department of Homeland Security (DHS). Maintaining this leadership within each District is critical to the President's mission to prevent future terrorist attacks and the Department's objective to work as a seamless organization in our war against terrorism. We have now reached the two-year mark since the establishment of the ATTFs, and this memorandum is intended to provide further clarity as to your respective roles as leaders of these entities and to ensure that your activities are fully integrated with the operations of the JTTFs. Each existing A TTF will reconstitute its current membership intact as an Anti-Terrorism Advisory Council (ATAC), which shall be chaired by the U.S. Attorney in each District. As detailed below, the ATACs will continue their core functions: (1) coordinating specific antiterrorism initiatives; (2) initiating training programs; and (3) facilitating information sharing. Regarding the core operational aspects of terrorism investigations, the ATACs will work in partnership with the JTTFs, who will retain primary responsibility for terrorism investigations, continuing to coordinate among FBI field offices and their respective counterparts in federal, state, and local law enforcement and intelligence agencies in conducting international and domestic investigations. As described more fully below, ATACs will continue to coordinate operational and investigative work in certain investigations. I also ask that you once again reach out to all law enforcement entities that have heretofore not participated in the ATTFs and invite them to join the newly constituted ATACs. ATAC Responsibilities Coordinate Anti-Terrorism Initiatives: Ensure that federal, state, and local enforcement efforts are focused and coordinated as they pursue targets who may be connected to terrorism. Mobilize and coordinate federal, state, and local officials for national prevention-based initiatives that involve significant prospects of imminent prosecution, such as Airport Security Reviews, Nuclear Power Plant Security Reviews, and Interview Projects. Provide a central forum for agencies to congregate and identify potential terrorism links among their investigations. As the entities that work regularly with all enforcement agencies, you are positioned to bring agencies together which would not otherwise know that their respective investigations are linked. These forums are especially useful where there is either no JTTF headquartered in a particular district or where the suspected activities do not warrant investigation by the JTTFs. Where such forums focus on homeland security initiatives, it is anticipated that the ATACs will coordinate and work with the DHS. Initiate Training Programs: Provide federal, state, and local law enforcement officials with legal training on federal criminal procedure, the United States Code, the USA PATRIOT Act and investigative techniques available post-PATRIOT Act, other new federal initiatives, and the array of federal charges that can be used to neutralize suspected terrorists and terrorist supporters. Sponsor and coordinate hands-on training programs concerning recent cases that may have relevance to your districts, including, for example, credit card fraud, Social Security fraud, immigration fraud, asylum fraud, alien smuggling, bankruptcy fraud, cyber-crimes, and money laundering. Continue to provide in the short term - and invite DHS to assist in coordinating - training programs in areas such as HAZMAT recognition and protecting issues including chemical, biological, and nuclear agents; threat recognition; using incident command systems; and public health issues. Information Sharing: Foster regular meetings where agencies that do not ordinarily come in contact with each other can learn about the capabilities and assets of other agencies. Continue to employ Intelligence Research Specialists in each district who coordinate with intelligence specialists in other agencies and review incoming intelligence. These specialists will be members of the ATACs and JTTFs and will help further ensure that there is no duplication of efforts. They will also continue to provide JTTFs with intelligence information generated by ATAC members who are not JTTF members, as well as intelligence obtained by U.S. Attorneys' Offices from non-terrorism prosecutions and investigations. Disseminate terrorism-related information to AT AC member agencies by utilizing Chief Information Officers, Law Enforcement Coordinators, and the Regional Information Sharing Network (RISS). While you do not have primary responsibility for disseminating FBI materials, when requested, the ATACs will continue to serve as a supporting role to JTTFs/FBI to ensure that all AT AC members receive timely information. Operational Aspects of Terrorism Investigations: The JTTFs will retain primary operational responsibility for terrorism investigations. At the same time, ATACs will continue to take the lead where they are better equipped to manage particular projects either because of other pressing JTTF priorities or limited JTTF resources. In addition, in districts where JTTFs are not headquartered, the ATACs shall continue to coordinate operational and investigative work in certain investigations. Thank you for the continued leadership that you have displayed as the chief law enforcement officials in your respective districts. I trust that this memorandum provides further clarity to this effort. I recognize also that each District is different and that you must tailor these responsibilities in a manner that fits your local needs. Your continued dedication is critical to effective implementation of the Department's number one priority: the war on terrorism. TALKING POINTS ON ANTI-TERRORISM ADVISORY COUNCILS FOR U.S. ATTORNEYS We have now reached the two-year mark since the horrific attacks on September 11, 2001, and the subsequent stand up the Anti-Terrorism Task Forces (ATTFs). The ATTFs have made great strides in furthering the President's war on terrorism and in forging relationships with state and local law enforcement. Maintaining this leadership within the Districts is critical to the Department's mission. In light of this two year anniversary and after a review of lessons learned, the Attorney General is announcing several changes to the ATTFs: First, each existing ATTF will reconstitute with its current membership intact as an Anti-Terrorism Advisory Council (ATAC). Second, the Attorney General is issuing a Memorandum that will provide further clarity to the U.S. Attorneys as to their respective roles as leaders of these entities. The ATACs primary responsibilities will be to: (1) coordinate anti-terrorism initiatives; (2) initiate training programs; and (3) facilitate information-sharing. Third, the changes will also strengthen coordination between the ATACs and the Joint Terrorism Task Forces (JTTFs). JTTFs will retain primary operational responsibility for terrorism investigations, while ATACs will continue to take the lead where they are better equipped to manage particular projects either because of other pressing JTTF priorities or limited JTTF resources. In districts where JTTFs are not headquartered, the ATACs will continue to coordinate operational and investigative work in certain investigations. The Attorney General has also called on the U.S. Attorneys to renew their efforts to reach out to state and local law enforcement, asking that the U.S. Attorneys invite all law enforcement entities that have heretofore not participated in the ATTFs to join this effort. The USAOs recognize the importance of the role of, and will continue to work closely with, the Regional Coordinators in the Counter-Terrorism Section of the Criminal Division.