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Terrorism:
The Role of Law Enforcement
by Edward J. Tully
Background
Long before the events
of September 11, 2001, the United States, and many other countries
of the world, had been victimized by the scourge of Islamic terrorism.
Simplistically, the collapse of the Ottoman Empire in 1918 and
the subsequent mindless gerrymandering by the British and French
of the mid-east into Iraq, Syria, Lebanon, and Palestine is the
root cause of the problem we now face. In 1948, the United Nations
created Israel, at the expense of the Palestinians. This action
enraged the Islamic world and they vowed to destroy Israel. Several
unsuccessful wars against Israel, the humiliation of defeat, and
the persistent Palestinian refugee problem, fostered an environment
of hatred by Islamists against Israel, and its primary ally, the
United States.
Since 1948, the anger,
humiliation, and frustration of some Muslims have led them to
subscribe to a radical form of Islam that they believed justified
terrorism as a means to defend their beliefs and aspirations.
For the past thirty-five years, they have used their beliefs and
the Palestinian problem as justification for their actions against
Israel and Western interests throughout the world. During this
recent period, terrorist organizations, such as the Palestine
Liberation Organization (PLO), Hamas, al Qaeda and Hezbollah,
among others, emerged and have expanded their reign of terror.
This expansion includes opposition to the ruling parties in Pakistan,
Indonesia, and Afghanistan, the settling of century old scores
between Sunni and Shi'a versions of Islam, and a widening of their
rage against Israel, the United States, and various countries
in Western Europe. The anger of the Islamic world has further
increased because of the wars in Iraq and Afghanistan, the emerging
sectarian violence between Shi'a and Sunni Muslims, Iran's primary
support of Hezbollah terrorists, and the general disdain many
Muslims, such as the Taliban and adherents of Whabbism, have for
our "hedonistic" lifestyles.
The bottom line is
that the conflict between, and within, the Islamic civilization,
and ours, is extremely complicated, poorly understood, and likely
to continue for the foreseeable future. Thus, it is prudent for
law enforcement executives to assume that this conflict will continue
to produce acts of terrorism throughout the world for a considerable
period. This raises the question as to what is the proper role
of local, state, and federal law enforcement agencies in the North
America to prevent acts of either domestic or international terrorism.
The Role of Federal
Agencies
Legislators have given
federal law enforcement agencies in the United States, and their
counterparts in Canada, jurisdiction over those violations of
law having to do with acts of terrorism. While this jurisdiction
does not necessarily supersede state and local laws covering similar
violations, most state and local law enforcement agencies have
deferred to the federal role. Clearly, federal agencies have resources
unmatched by local and state law enforcement agencies, in terms
of finances, manpower, and technology to conduct world wide, and
internal, operations against terrorist organizations. Since 2001,
these agencies have done a remarkable job and deserve considerable
credit for preventing numerous terrorist acts. Combined with various
military operations in Iraq and Afghanistan, national agencies,
such as the RCMP, FBI, CIA, and the National Security Agency,
have disrupted, infiltrated, intercepted communications, and diminished
the financial resources of terrorist groups. In doing so, they
have weakened some terrorist organizations and disrupted their
abilities to strike at will. As a result of these activities,
and other unknown factors, North America has not experienced a
successful terrorist attack since 2001. Unfortunately, terrorist
organizations have not disappeared, but have re-grouped, dispersed,
and actually multiplied in numbers. In my mind, it has become
an even more difficult problem, which, in turn, suggests that
our overall current anti-terrorism efforts are not perfect and
need to be tweaked to make our environment even more difficult
to penetrate. It should be understood that it will not be possible
to achieve perfection in protecting, but it is possible to make
it far more difficult for the terrorist to succeed.
The most significant
flaw in our strategy is relying, solely, on federal law enforcement
agencies to gather intelligence on terrorist groups, conduct counter-terrorist
activities, and investigate acts of terror when, and should, they
occur. Unfortunately, federal law enforcement organizations do
not have a direct "ownership" of our various cities.
Nor, may I add, is there any level of accountability on their
part when they fail to perform adequately. Both "ownership"
and accountability are extremely important as motivators in the
matter of duty. It was "ownership" and accountability,
which sent the New York firefighters and police officers into
the World Trade Center. The lack of "ownership" and
accountability was best illustrated when no federal agencies were
censured, or employees, disciplined over the failure of our law
enforcement and intelligence agencies to prevent the two bombings
of the World Trade Center. Another example would be the federal
response to the widespread destruction caused by Hurricane Katrina,
woeful at best, primarily because the officials in charge of the
federal response did not have "ownership," or accountability,
regarding the problems in New Orleans, Louisiana, or Mississippi.
It was not their homes, families, and possessions that were in
danger. Of course, this is a facet of human nature that they could
correct if they knew their jobs were on the line based on their
performance.
Let me state this matter
more bluntly. If you are the Chicago Police Department Superintendent
and are responsible for protecting Chicago against all those who
violate the laws of that city it is difficult to imagine that
you have rely solely on federal agencies to supply you with information
on a timely basis about a terrorist possible threat. You're are
a bit more lucky if you have a federal Joint Terrorism Task Force
in your area, but you still will not have any control over the
flow of critical decision-making information. That flow of information
and decision-making will remain in Washington, D. C. I am not
arguing this is a horrible situation, as it may not be. It may
work out well, but in my opinion, it is a weakness in our overall
strategy that needs to be improved. Ray Kelly, Commissioner, New
York City recognized this problem and has dispatched officers
to liaison with authorities in London, Paris, Rome, and other
European countries about potential future attacks directed at
New York City. While some may consider this a symbolic gesture,
it is, nonetheless, a powerful message to federal authorities
that New York City will no longer completely sub-contract their
security into the hands of agencies in Washington, D. C., nor
should we.
A second minor flaw
in our strategy is our failure to involve more actively the over
650,000 local law enforcement officers, and an even larger number,
of private security personnel, in the United States in the search,
for both domestic and international terrorists. Considering the
number of contacts these officers have daily with the public,
it is reasonable to conclude that if the officers were well schooled
in what signs to look for during each contact, the results would
be fruitful. As you may recall it was a trooper who arrested Timothy
McVeigh, a Custom's employee who alertly stopped a terrorist on
his way to bomb the Los Angeles airport, and local police stopped
several of the 9/11 hijackers for traffic violations, but were
released when no incriminating information was available regarding
their identity or intentions. It should also be noted that both
state and local police officers have made countless stops involving
the transportation of illegal substances based on information
supplied to them on a continuing basis by the Drug Enforcement
Agency. The FBI's Bomb Data Center and Homeland Security both
have done some good work in keeping some of the first responders
informed on various technical details concerning terrorists. Often
this information is not passed along to the average cop on the
street because the information is not relevant to their jobs.
Nevertheless, as a member of the "team" you always want
to know what is going on, relevant or not. The average cop doesn't
need to know the composition of the letter bombs being found in
London these days, on the other hand, it makes the officer feel
like they are in the "know" when they talk to a neighbor,
or a fellow officer. This builds "ownership" of the
problem and a desire to be part of the solution. Later I will
put forth for consideration some simple ways to rectify this omission.
The Terrorist
It is very difficult
for most North Americans to understand the mind, motivation, or
the reasoning behind radical Islamic terrorism. As a political
tool, terrorism has yet to achieve measurable success. On the
contrary, terrorism has brought great misery and disrepute to
Muslims throughout the world. It has fractured the Islamic world
to the point where it may take centuries to recover, if ever.
Nonetheless, we should never regard those involved in terrorist
acts as stupid. The Islamic terrorist is reasonably intelligent,
resourceful, cunning, barbaric, ruthless, and thoroughly committed
to the task assigned. Hatred of Israel and America motivates them
as well as their treatment by the countries of Western Europe.
They have a long list of grievances, some real, and some imagined.
Nevertheless, they believe in their cause and they are fighting
a war against us the only way they can. We should never underestimate
them as they are technically proficient, patient, and willing
to die as martyrs for the cause.
Considering the above,
we can reasonably conclude, Islamic terrorists are still interested
in exporting their acts of terror to North America. They can direct
their attacks against a symbolic institution, such as Wall Street,
various transportation systems, electric grid systems, or even
shopping centers. Our environment is target-rich and virtually
impossible to defend completely. The first line of defense is
to keep terrorists out of the country. Secondly, we should assume
that terror organizations have planted, or recruited, individuals
in our society to carry out attacks when so directed to do so.
Obviously, we should direct our law enforcement efforts in these
areas. To date, our efforts have been successful. However, we
must continue to assume that terrorists can strike anywhere in
North America, at any time. While various institutions in New
York, Washington D. C. or Las Vegas would seem to be prime targets,
we cannot discount the fact that a terrorist event in Montreal,
Salt Lake, or Peoria would have a significant impact.
Since 2002, the United States has directed enormous military efforts
against al Qaeda in Afghanistan and Iraq with considerable success.
Nonetheless, al Qaeda is still involved in terrorist activities
in Pakistan and is directly involved in helping the Sunni's in
Iraq continue their sectarian violence against the Shi'a population.
The al Qaeda organizations are a derivative of a form of Islam
called Whabbism. Whabbism is an ultra-conservative form of Sunni
Islam that calls for all Westerners to be driven from the Mid
East and the formation of strict Islamic rule throughout the region.
You should note that persons claiming to be representatives of
al Qaeda planned and executed recent terrorist incidents in Madrid
in 2004 and London in 2006. Their most current plans, according
to al Qaeda, revolve around the destruction of oil facilities
in the Persian Gulf region. Thus, while al Qaeda has suffered
significant losses in Afghanistan and Pakistan, its various organizations,
and Whabbism, still flourish elsewhere. Either is quite capable
of mounting, or bankrolling, significant terrorist operations
against oil facilities, or any other target in the world.
Finally, whether the
United States military withdraws from Iraq, or not, it seems most
probable that the Mid East will devolve into chaos. None of the
issues that have sparked violence in this area since 1948 has
been resolved. Nor is it likely that any military operations,
or diplomacy, will resolve them in the near term future. The Kurds
want their own homeland, Turkey and Iran will resist. The Shi'a
of Iraq backed by Iran, hope to gain political control of Iraq.
The Sunni's of Iraq, backed by Saudi Arabia and al Qaeda, want
desperately to avoid dominance by the Shi'a majority in Iraq.
Palestine, Syria, and Iran want to destroy Israel and establish
Shi'a control in Lebanon. Whether this descent into chaos will
result in the increase of terrorism directed toward North America
is hard to predict, but it is an assumption that we cannot ignore.
There are two other
possibilities regarding violence in North America that which deserve
our consideration. First, there is a possibility of sectarian
violence breaking out in the United States between our Sunni and
Shi'a populations. Relations between these two versions of Islam
by the half million Arab Muslims in the United States are becoming
more strained. We cannot tell whether the occasional acts of juvenile
vandalism directed against one sect or the other will escalate
into acts that are more serious. State and local law enforcement
should closely monitor these situations.
Second, over the past
year authorities have arrested members of a fledging terrorist
group in Miami, prevented a young Muslim from planting grenades
in a mall in Rockford, Illinois, and were forced to kill a young
Muslim refugee from Bosnia who killed five individuals in a Salt
Lake City mall. Whether the individuals involved in the above
three matters should be classified as terrorists is immaterial.
They represent, perhaps in the abstract, a "homegrown"
aspect of terrorism.
Misdirected idealism
has always been a hallmark of the young. In England and France,
this idealism has begun to lead to social problems of a very serious
nature. While this alienation seems not to have occurred in North
America, it is a potential problem that requires both the talents
of the educational system and law enforcement to control.
What Can We Do To Improve
In order to accomplish
an increase in the flow of information to officers on the street
each law enforcement organization should consider analyzing the
demographics of their population, whether the geographic area
served has target facilities or structures, and the availability
of an officer to perform the duties of Terrorism Coordinator,
most likely on a part time basis. The duties of the Terrorism
Coordinator position would require the officer to ensure that
other officers receive terrorism materials regularly, supply local
private security officers with similar materials, and organize
occasional roll call training sessions.
I further suggest that
a policy be implemented to the effect that the Joint Terrorism
Task Force thoroughly brief and allow the local chief of police,
or sheriffs, to participate in the decision-making process concerning
the conclusion of major anti-terrorism operations.
It should be underscored
that the modest suggestions above are not for duplicating the
role of the Joint Task Force. Rather it is a means by which increased
collaboration between the entities involved can be achieved. Local
officers and private security personnel should share information
that requires additional, sophisticated, and ongoing investigation
with the Task Force so that they can devote their special resources
to the resultant investigation. Naturally, the above suggestions
require the cooperation of either the FBI or the DEA. Both of
these agencies have a long history of collaboration in the area
of training with state and local law enforcement agencies and
have a great deal of credibility with the law enforcement community.
Whether this level of collaboration can be obtained, or not, depends
on how the suggestions are put forth. Perhaps a combination of
police organizations such as the IACP, Major Cities Chiefs, National
Sheriff's Association, State Police Associations, or the Fraternal
Order of Police, could consider sending proposals directly to
the Director of the FBI, or the Administrator of the DEA, for
their consideration and possible implementation.
Finally, there are
many individuals within the law enforcement community who consider
the creation of the Department of Homeland Security, in its present
form, to have been a mistake. At present, this Department has
184,000 employees in a wide variety of agencies. As of this date,
the Department has not distinguished itself in any facet of its
work. Congress and the Executive Branch need to further discuss
and debate this issue. For example, I have always argued it would
make a great deal of sense to remove the Border Patrol from Homeland
Security and make it an independent agency within the Treasury,
or Justice Department. For far too long, the Border Patrol has
been treated poorly. It began when it was a part of the Immigration
and Naturalization Service and now as a part of Homeland Security.
Border Patrol is an extremely important agency in the struggle
against terrorism and needs to become independent of its surrounding
bureaucracy to effectively police our borders without undue political
influence. I would also argue that the United States Secret Service
and the US Coast Guard should be removed from Homeland Security
and returned to their independent status.
In all cases, an experienced
law enforcement executive should be placed in charge of each agency.
The idea that a judge, lawyer, or successful politician is best
qualified to run a law enforcement agency has been proven to be
without significant merit. Perhaps there was a time in our history
when law enforcement agencies needed an executive from the outside
to bring in fresh ideas and to regain the trust of the public,
but those days are long past.
Private Security
Now there are roughly
one and one half million individuals providing a wide variety
of security functions for industry, banking, neighborhoods, housing
projects, government facilities, nuclear facilities, and other
numerous entities. They are represented by the American Society
of Industrial Security (ASIS) a worldwide organization of 35,000
security managers. Charlie Connolly, former Commissioner of Police
in Yonkers, and Vice President in charge of security for Merrill-Lynch
has long been an advocate of more extensive collaboration between
law enforcement and the security industry. In a paper he delivered
in Sun Valley, Connolly stated, "A sustainable partnership
between the public and private sectors is imperative if we are
to protect the essential elements of our economy and way of life,
in agriculture, food production and distribution, water, communication,
energy, health and drug services, telecommunication, transportation,
banking and financial services, chemical and hazardous materials,
and commercial sports centers. The list is endless! There will
be no personal safety or economic vitality without a secure environment.
That is the challenge for private security as well as the law
enforcement community. Equally important is the transformation
of law enforcement to lead in rethinking a systematic collaborative
security response that will adapt to the world's new realities."
He then asks the question, "What role does, or can, police
leadership play in recognizing, recruiting, and developing-private
security relationships?"
Unfortunately, the
law enforcement community has not fully explored Mr. Connolly's
rhetorical question. Nor has the private sector expressed an eagerness
to engage in collaboration that is more extensive. Both sides
seem to be content with the status quo, which is basically--you
handle your problems and we will handle ours! Of course, when
it comes to workplace, or schoolhouse violence, it becomes a different
matter for both parties.
The solution to increasing
collaboration between law enforcement and private security organizations
is relatively simple. Occasional regional meetings between security
managers and law enforcement executives, an electronic newsletter
concerning terrorism generated by federal law enforcement for
private security officers, and perhaps, a dedicated "hot"
telephone lines between these indifferent entities would make
a difference. Whatever simple things it takes to get increased
collaboration between law enforcement and private security are
well worth the efforts of both parties. It is, as Mr. Connolly
has long suggested a matter of mutual interest and a solution
that is long overdue.
Conclusion
It has been almost
six years since the terrorist attack on the World Trade Center
and the Pentagon and the expected subsequent attacks have not
occurred in North America. One of the many reasons for this is
that law enforcement agencies in the United States and Canada
have made it more difficult for the terrorist to penetrate our
environment. However, any analysis of the current situation in
the Mid-East, or the Muslim world, must conclude increased terrorist
activities throughout the world is a distinct and chilling possibility.
A review of current terrorist activities in England, Russia, Spain,
Germany, Indonesia, and France proves that terrorists are becoming
more "homegrown" and their list of grievances has increased
substantially. The suggestion that the terrorists will follow
us here when we leave Iraq and Afghanistan is questionable, that
they will attack our other interests worldwide is not. Keep in
mind we have been involved with terrorism, directly or indirectly,
for more than fifty years and it is most likely that worldwide
terrorism continue for another fifty years. The success the terrorist
achieves in North America will depend, in large measure, on how
well law enforcement agencies and private security work together
at the federal, state, and local level.
It is best to remember
the fatwa signed by Osama bin Laden in February 1998 that stated,
"By God's leave, we call on every Muslim who believes in
God and hopes for reward to obey God's command to kill Americans
and plunder their possessions wherever he finds them and whenever
he can." He, and his followers, mean to do just that. However,
it might also be wise for radical Islamists to remember President
Bush's statement of July 2, 2003, when he said of them, "Bring
them on." Better yet, they should remember the words of Todd
Beamer on American Flight 93, "Lets Roll!"
______________________
About Edward J. Tully
Ed Tully served
as Special Agent of the FBI from 1962 to 1993. After retirement
from the Bureau, he was the Major Cities Chiefs' Executive Director
and the Executive Director of the National Executive Institute
Associates until 2002. He has written numerous articles on the
subject of law enforcement. You can reach him at 540-371-3084
or by email at tullye@verizon.net.
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