By Scott Stewart and Fred Burton

In last week’s global security and intelligence report, we discussed the recent call by the leader of al Qaeda in the Arabian Peninsula, Nasir al-Wahayshi, for jihadists to conduct simple attacks against a variety of targets in the Muslim world and the West. We also noted how it is relatively simple to conduct such attacks against soft targets using improvised explosive devices, guns or even knives and clubs.

The next day, a lone gunman, U.S. Army Maj. Nidal Malik Hasan, opened fire on a group of soldiers at Fort Hood, Texas. The victims were in the Soldier Readiness Processing Center, a facility on the base where troops are prepared for deployment and where they take care of certain processing tasks such as completing insurance paperwork and receiving medical examinations and vaccinations.

Even though the targets of Hasan’s attack were soldiers, they represented a very soft target in this environment. Most soldiers on bases inside the United States are normally not armed and are only provided weapons for training. The only personnel who regularly carry weapons are the military police and the base civilian police officers. In addition to being unarmed, the soldiers at the center were closely packed together in the facility as they waited to proceed from station to station. The unarmed, densely packed mass of people allowed Hasan to kill 13 (12 soldiers and one civilian employee of the center) and wound 42 others when he opened fire.

Hasan is a U.S.-born Muslim who, according to STRATFOR sources and media accounts, has had past contact with jihadists, including the radical Imam Anwar al-Awlaki. Al-Awlaki is a U.S.-born imam who espouses a jihadist ideology and who was discussed at some length in the 9/11 commission report for his links to 9/11 hijackers Khalid al-Midhar and Nawaf al-Hazmi. Al-Awlaki, who is currently living in Yemen and reportedly has contacts with al Qaeda, posted a message on his Web site Nov. 9 praising Hasan’s actions. Despite Hasan’s connections to al-Awlaki and other jihadists, it is unknown at this point if he was even aware of al-Wahayshi’s recent message calling for simple attacks, and therefore it is impossible to tell if his attack was in response to it.

However, one thing that is certain is that investigators examining Hasan’s computer hard drive, e-mail traffic and Internet history will be looking into that possibility, along with other indications that Hasan was linked to radicals.

We noted last week that by their very nature, individual actors and small cells are very difficult for the government to detect. They must somehow identify themselves by contacting a government informant or another person who reports them to the authorities, attend a militant training camp or conduct correspondence with a person or organization under government scrutiny. In the Hasan case, it now appears that Hasan did self-identify by making radical statements to people he worked with, who reported him to the authorities. It also appears that he had correspondence with people such as al-Awlaki, whom the government was monitoring. Because of this behavior, Hasan brought himself to the attention of the Department of Defense, the FBI and the CIA.

The fact that Hasan was able to commit this attack after bringing government attention to himself could be due to a number of factors. Chief among them is the fact that it is tactically impossible for a government to identify every aspiring militant actor and to pre-empt every act of violence. The degree of difficulty is increased greatly if an actor does indeed act alone and does not give any overt clues through his actions or his communications of his intent to attack. Because of this, the Hasan case provides an excellent opportunity to examine national security investigations and their utility and limitations.

The Nature of Intelligence Investigations

The FBI will typically open up an intelligence investigation (usually referred to as a national security investigation) in any case where there is an indication or allegation that a person is involved in terrorist activity but there is no evidence that a specific law has been broken. Many times these investigations are opened up due to a lead passed by the CIA, National Security Agency or a foreign liaison intelligence service. Other times an FBI investigation can come as a spin-off from another FBI counterterrorism investigation already under way or be prompted by a piece of information collected by an FBI informant or even by a tip from a concerned citizen — like the flight instructors who alerted the FBI to the suspicious behavior of some foreign flight students prior to the 9/11 attacks. In such a case, the FBI case agent in charge of the investigation will open a preliminary inquiry, which gives the agent a limited window of time to look into the matter. If no indication of criminal activity is found, the preliminary inquiry must be closed unless the agent receives authorization from the special agent in charge of his division and FBI headquarters to extend it.

If, during the preliminary inquiry, the investigating agents find probable cause that a crime has been committed, the FBI will open a full-fledged criminal investigation into the case, similar to what we saw in the case of Luqman Ameen Abdullah and his followers in Detroit. Continue Reading →