US Counterterrorism Strategy

1
US Counterterrorism Strategy

• National Strategy for Homeland Security July 2002
  
• National Security Strategy of the US, September
  2002
• National Strategy to Combat Weapons of Mass
  Destruction December 2002
• National Strategy for Combating Terrorism
  February 2003
• National Strategy for the Physical Protection of
  Critical Infrastructure and Key Assets February
  2003
• National Security Strategy of the US, March
  2006
• Declassified Key Judgments of the National
  Intelligence Estimate Trends in Global
  Terrorism Implications for the United States,
  April 2006
• National Strategy for Combating Terrorism,
  September 2006
• US National Security Strategy, May 2010
• National Strategy for Counterterrorism, June 2011

2
US National Strategy for Combating Terrorism
February 2003

• 4D Strategy
• Defeat
• Deny
• Diminish
• Defend

3
UK CONTEST, March 2009

• 4Ps
• Pursue
• Prevent
• Protect
• Prepare

4
But what is counterterrorism?

1. Organization
2. Intelligence
3. Diplomacy
4. Economic and Financial Measures
5. Law Enforcement
6. Operations
7. Use of Force
8. Negotiations
9. War of Ideas

5

• 1. Organization

6
Tradition
CIA
FBI
7
Commissions

• US Commission on National Security in the 21st
  Century (USCNS) Hart-Rudman Commission (see Phase
  1 Report, p. 7)
• Advisory Panel to Assess Domestic Response
  Capabilities for Terrorism Involving Weapons of
  Mass Destruction (Gilmore Commission)

8

• Probability
• vs.
• Consequence

9
Clinton Counterterrorism

• PDD-39
• PDD-62
• PDD-63 For more, see PDD-63 addendums here

10
Post-9/11 CT Organization

• Executive Office of the President
• Office of Homeland Security (OHS 2001-2009)
• Homeland Security Council (HSC)

11
Homeland Security Council System (2001-2009)
Homeland Security Council (HSC) Statutory
Members President, Vice President, Secretaries
of Homeland Security, Defense, and Attorney
General. Bush Admin. Roster also included
Secretaries of Treasury, Health and Human
Services, Transportation, White House Chief of
Staff, Directors of Office of Management and
Budget, Central Intelligence, FBI, FEMA, Chief
of Staff to the VP. Chaired by Homeland Security
Adviser. National Security Adviser may attend
all meetings. Bush Invitees depending on the
issue Secretaries of State, Interior,
Agriculture, Commerce, Labor, Energy, Veterans
Affairs, EPA Administrator, Deputy National
Security Adviser for Combating Terrorism,
Counsel to the President

• Policy Coordinating Committees (PCCs). These are
  interagency committees composed of Under and
  Assistant Secretary level officials from member
  and invitee departments/ agencies of HSC, chaired
  by Senior Directors of Office of Homeland
  Security Directorates

Office of Homeland Security (OHS). Managed by
Homeland Security Adviser Professional Staff of
100. Directorates for Protection and
Prevention Research and Development Response
and Recovery Communications Intelligence and
Detection Policy and Plans.
HSC Principals Committee (HSC/PC) All Members and
Invitees of HSC meeting without the President
and Vice President. Chaired by Homeland Security
Adviser.
Domestic Threat Response and Incident Management
PCC
Medical and Public Health Preparedness PCC
Public Affairs PCC
Key Asset, Border, Territorial Waters, and
Airspace Security PCC
HSC Deputies Committees (HSC/DC) Deputies to
HSC/PC Members/Invitees. Chaired by Deputy
Homeland Security Adviser
WMD PCC
Economic Consequences PCC
Detection, Surveillance, Intelligence PCC
Plans, Training, Evaluation, Exercises PCC
Research and Development PCC
Domestic Transportation Security PCC
Law Enforcement, And Investigations PCC
12
Homeland Security Council System (2009)

• Interdepartmental Working Groups are interagency
  committees composed of Under and Assistant
  Secretary level officials from member and invitee
  departments/ agencies of HSC

Homeland Security Council (HSC) Statutory
Members President, Vice President, Secretaries
of Homeland Security, Defense, and Attorney
General. Others Invited depending on the issue
Secretaries of Treasury, Health and Human
Services, Transportation, the Director of the
FBI, Director of National Intelligence, the
Director of the Office of Management and Budget,
Assistant to the President for Homeland Security
and Counterterrorism (APHS/CT), the Chief of
Staff, Chief of Staff to the Vice President,
Assistant to the President for National Security
Affairs, and the Counsel to the President.
NSC
HSC Principals Committee (HSC/PC) All Members and
Invitees of HSC meeting without the President
and Vice President. Chaired by Homeland Security
Adviser.
National Security Staff (Formerly NSC Staff)
HSC Deputies Committees (HSC/DC) Deputies to
HSC/PC Members/Invitees. Chaired by Deputy
Homeland Security Adviser
HSC Interdepartmental Working Groups
13
2002 New Cabinet Dept.

• Department of Homeland Security (DHS)
• DHS Organizational Chart
• Organizational charts for DHS Bureaus

14

• 2. Intelligence
• Defining the Problem
• Who are the threats?
• Sharing Information

15
State Dept.

• From US State Dept. Office of the Coordinator for
  Counterterrorism
• Foreign Terrorist Organizations (FTOs)
• The current list
• State Sponsors of Terrorism
• Country Reports on Terrorism
• Terrorist Exclusion List
• Exec. Order 13224

16
Terrorist Watch Lists

• HSPD-6
• FBI Counterterrorism Division of National
  Security Branch
• Terrorist Screening Center
• Terrorist Screening Data Base
• Selectee List
• No Fly List

17
FBI Reorganization

• FBI National Security Branch (NSB)
• Organization
• Counterterrorism Division
• Counterintelligence Division
• Directorate of Intelligence
• WMD Directorate
• Terrorist Screening Center

18
Information Sharing?

• Lack of Coordination
• Priorities?

CIA
FBI
19
Fixing the Intel Problem

• Intelligence Reform and Terrorism Prevention Act
  2004
• Director of National Intelligence (ODNI)
• National Counterterrorism Center (NCTC)

20
Intelligence Fusion Centers

• Linking federal, state, and local efforts
• Fusion Centers and Intel Sharing
• DHS/DOJ Fusion Center Guidelines

21
US Executive Branch

• Department of State
• Office of the Coordinator for CT
• Dept. of Justice
• National Security Division
• FBI
• National Security Branch
• Counterterrorism division
• Department of Treasury Office of Terrorism and
  Financial Intelligence
• Office of Foreign Asset Control
• Department. of Defense
• Undersecretary of Defense for Policy
• Assistant Secretary of Defense for International
  Security Affairs
• Assistant Secretary of Defense for Homeland
  Defense and Americas Security Affairs
• Department of Health and Human Services
• Centers for Disease Control and Prevention (CDC)
• Assistant Secretary for Preparedness and Response
• Office of the Director of National Intelligence
• National Counterintelligence Center
• Central Intelligence Agency

22
US Congress

• U. S. House of Representatives
• House Armed Services Committee,
• House Committee on Foreign Affairs
• Subcommittee on International Terrorism and
  Non-proliferation
• House Select Committee on Homeland Security
• House Permanent Select Committee on Intelligence
• U. S. Senate
• Senate Committee on Armed Services
• Senate Committee on Foreign Relations
• Senate Committee on Intelligence
• Senate Committee on Homeland Security and
  Governmental Affairs

23

• Other nations Counterterrorism and Intelligence
  Organizations

24
UK

• Home Office
• Office for Security and Counterterrorism
• UK CT Strategy
• March 2009 Strategy Document
• MI5
• Organization
• Joint Terrorism Analysis Center
• Metropolitan Police Service

25
Japan

• MOJ
• Public Security Intelligence Agency
• Japanese National Police Agency

26
Germany

• Federal Office for the Protection of the
  Constitution
• Federal Ministry of the Interior
• Terrorism News
• Federal Criminal Police Office

27
Israel

• Israeli Defense Forces (IDF)
• Institute for Special Operations (Mossad)
• Israeli Security Agency (Shabak or Shin Bet)
• PMs National Security Council
• Counter Terrorism Bureau

28

• 3. Diplomacy
• UN-Based Agreements

29
US and Pakistan Relations

• Drone Strikes

30

• 4. Economic and Financial Measures
• International Convention for the Suppression of
  the Financing of Terrorism

31

• US Treasury Office of Terrorism and Financial
  Intelligence
• Organizational Chart
• Office of Terrorist Financing and Financial
  Crimes
• Office of Foreign Assets Control
• Specially Designated Nationals List
• Exec. Order 13224
• The list

32

• 5. Law Enforcement

33
Pre-2001 Terrorists as Criminals

• 1996 Anti-Terrorism and Effective Death Penalty
  Act
• Summary by US Congress, Congressional Research
  Service

34

• Ramzi Yousef Sheikh Omar Abdel Rahman
  (leader of Islamic Group)
• Convicted (1997/1998) for Convicted (1995) for
  bombing of WTC 1993 plot on NY Landmarks
• Life sentence Life Sentence
• United States v. Mohammed
• Salameh et al U.S. Court of Appeals
• 2nd Circuit Aug 4, 1998

35
Post-2001 What are Terrorists?

• Uncertainty
• Question What are terrorists who are not
  affiliated with a nation-state?
• Criminals
• Soldiers
• Neither
• Both
• Dont ask

36
Three Key Issues

1. Surveillance
2. Legal Status of Individuals
3. Treatment of Individuals

37
1. Surveillance

• Foreign Intelligence Surveillance Act (FISA) 1978
• USA PATRIOT ACT 10/26/01
• Pro and Con
• ACLU on the Act
• Terrorist Surveillance Program (2001)
• Protect America Act 2007

38
2. Legal Status of Individuals

• Detainees (unlawful enemy combatants)
• President George W. Bush Military Order, November
  13, 2001, Detention, Treatment, and Trial of
  Certain Non-Citizens in the War Against
  Terrorism
• Authorization to Use Military Force, September
  18, 2001

39
The Legal Evolution Legislation and Trials

• Detainee Treatment Act, 2005
• Military Commissions Act, 2006
• Military Commission Act 2009 (amendments to 2006
  Act)
• Analysis by CRS
• Manual for Military Commissions )2010 edition)
• Guantanamo Trials
• Guantanamo Docket

40
The Legal Evolution Key Legal Cases

• Rasul v. Bush
• Hamdi v. Rumsfeld
• Padilla v. Rumsfeld
• Hamdan v. Rumsfeld
• Boumediene v. Bush

41
3. Treatment of Individuals

• Memos from the Office of Legal Counsel, Bush and
  Obama Administrations concerning detainee
  treatment and interrogation policies Detainee
  Treatment Act, 2005
• Senate Judiciary Committee Hearings on Detainee
  Treatment, May 2009

42

• Interrogation of al Qaeda Operative, Memorandum
  for John Rizzo, Acting General Counsel of the
  Central Intelligence Agency, from Jay Bybee,
  Assistant Attorney General, August 1, 2002, from
  http//www.fas.org/irp/agency/doj/olc/zubaydah.pdf

43

• 6. Operations
• CIA
• DoD
• NEST
• JTTF (FBI)

44
JTTF

• NJTTF
• (38 agencies)
• JTTFs
• OIG Report
• State and Local Law
• Enforcement
• (MOUs)

45
Dilemmas of CT for JTTF and Local Law Enforcement
(1)

• Intelligence
• Identify
• Track
• Decision
• to share with other domestic institutions
• To share with foreign institutions

46
Dilemmas of CT (2)

• Decision Considerations
• Goal Prevention or Prosecution?
• When do you have enough evidence to arrest and
  charge?
• Is this a small/single who will lead you to
  bigger target or group of targets?
• Are you allowed to detain someone without charge
  as a preventive measure?
• Would that make it difficult to then charge them
  later or become a controversy that hurts support
  for policy?
• How close is the person or group to an actual
  attack?

47

• 7. Use of Force

48
Israel in Lebanon 1982
49
Sri Lankan Military Operations
50
(No Transcript)
51
Afghanistan 2001
52
Iraq March 2003
53
Afghan Offensive Summer 2009
54

• 8. Negotiations

55
Israel and the PLO

• Oslo Accords 1993
• Israeli PM Yitzhak Rabin and PLO Chairman Yasr
  Arafat at the White House 1993

56
Rejection of Accords by Hamas
57
UK and IRA

• Belfast (Good Friday) Agreement (1998)
• British prime minister Tony Blair and taoiseach
  Bertie Ahern signing the Belfast Agreement in
  April, 1998

58
Rejection of Accords by Real IRA

• 15 August 1998, car bomb by Real IRA, Omagh,
  County Tyrone, 29 dead from BBC News
  http//news.bbc.co.uk/2/hi/in_pictures/7153607.stm

59
9. War of Ideas

• Radicals vs. Moderates
• Failed States
• Ethno-nationalists
• Al-Qaeda

60
Radicals vs. Moderates HAMAS vs. Fatah

61
2. Failed States

• Al-Shabab in Somalia

62
3.Ethno-nationalism

• PKK in Turkey

63
4. Radical Ideologies

• Freedom House, 2009

64
(No Transcript)
65
Successful Counterterrorism?

• Since 9/11 39 Attempted Terrorism Strikes
• Heritage Foundation Analysis (May 2011)
• Heritage Foundation Chart (May 2011)
• Vs.
• Three Attacks with loss of life
• July 2002, Los Angeles
• June 2009, Little Rock, Arkansas
• Ft. Hood 11/5/2009