....3) If, as you have said, "the prevention of another terrorist attack remains the FBI's top priority," why is it that we have not attempted to interview Zacarias Moussaoui, the only suspect in U.S. custody charged with having a direct hand in the horror of 9-11? Although al-Qaeda has taken pains to compartmentalize its operations to avoid compromise by any one operative, information obtained from some al-Qaeda operatives has nonetheless proved invaluable. Moussaoui almost certainly would know of other al-Qaeda contacts, possibly in the U.S., and would also be able to alert us to the motive behind his and Mohammed Atta's interest in crop dusting.

Similarly, there is the question as to why little or no apparent effort has been made to interview convicted terrorist Richard Reid, who obviously depended upon other al-Qaeda operatives in fashioning his shoe explosive. Nor have possible links between Moussaoui and Reid been fully investigated. It therefore appears that the government may have sacrificed the possibility of acquiring information pertinent to future attacks, in order to conduct criminal prosecution of these two individuals. Although prosecution serves worthy purposes, including deterrence, standard practice in "Organized Crime/Terrorism 101" dictates imaginative, concerted attempts to make inroads into well-organized, cohesive groups. And sometimes that requires “dealing with the devil."

In short, it is a matter of priorities. And lack of follow-through with regard to Moussaoui and Reid gives a hollow ring to our “top priority;” i. e., preventing another terrorist attack.

....6) The vast majority of the one thousand plus persons “detained” in the wake of 9-11 did not turn out to be terrorists. They were mostly illegal aliens. We have every right, of course, to deport those identified as illegal aliens during the course of any investigation. But after 9-11, Headquarters encouraged more and more detentions for what seem to be essentially PR purposes. Field offices were required to report daily the number of detentions in order to supply grist for statements on our progress in fighting terrorism. The balance between individuals’ civil liberties and the need for effective investigation is hard to maintain even during so-called normal times, let alone times of increased terrorist threat or war. It is, admittedly, a difficult balancing act. But from what I have observed, particular vigilance may be required to head off undue pressure (including subtle encouragement) to detain or “round up” suspects—particularly those of Arabic origin.

7) As I believe you know, I have a reputation for being quite “conservative” on legal and policy issues regarding law enforcement. I have complained loudly on occasions when some of our laws and procedures have-unnecessarily, in my view, hindered our ability to move boldly against crime. At the same time, I know from experience that the FBI’s policy on permissible use of deadly force has served the FBI and the country well. It should be noted, however, that the Administration’s new policy of “preemptive strikes” abroad is not consistent with the Department of Justice’s (DOJ’s) “deadly force policy” for law enforcement officers. DOJ policy restricts federal agents to using deadly force only when presented with an imminent threat of death or serious injury (essentially in self-defense or defense of an innocent third party). I believe it would be prudent to be on guard against the possibility that the looser “preemptive strike” rationale being applied to situations abroad could migrate back home, fostering a more permissive attitude towards shootings by law enforcement officers in this country.

....The bottom line is this: We should be deluding neither ourselves nor the American people that there is any way the FBI, despite the various improvements you are implementing, will be able to stem the flood of terrorism that will likely head our way in the wake of an attack on Iraq. What troubles me most is that I have no assurance that you have made that clear to the president.

Update: FBI Called Unprepared for Attacks