FBI Probe Nearly Caused Rise in Terror Threat Level

Sept. 30, 2009 — -- Homeland Security Secretary Janet Napolitano said today that the Department of Homeland Security considered raising the nation's terrorism threat level as officials began to learn about Najibullah Zazi's alleged bomb plot, but did not because little information was known about the intended targets or timing.

Appearing before the Senate Homeland Security and Governmental Affairs Committee, Napolitano said the DHS reviewed raising the threat level as the Zazi case was unfolding.

"We thought about it and rejected it, because we didn't have in the Zazi investigation any kind of the specific location time that, in our view, would justify actually raising the color code," Napolitano said.

Asked by Sens. Joseph Lieberman, I-Conn., and Susan Collins, R-Maine, about the process, Napolitano said, "It was contemplated and ... rejected, given the nature of the investigation and the nature of the intel that we had."

Earlier this month, a task force appointed by Napolitano was split on whether to keep the current Homeland Security advisory system, also known as "the color code."

Napolitano is reviewing the task force's report and conferring with other agencies on proceeding before making a recommendation to the president on the issue.

At the beginning of the hearing, FBI Director Robert S. Mueller III said of the unfolding nature of the Zazi case, "We do not believe there is an imminent threat."

No Imminent Threats

Despite there being no imminent threat, DHS and the FBI have issued a flurry of intelligence notes and bulletins to state and local law enforcement agencies warning them on a variety of potential vulnerabilities or possible indicators of bomb making activity.

Asked about a bulletin that warned transit agencies to be more aware, Mueller said, "There was no direct threat information in the course of this investigation as to a particular [transit system] -- or the transit systems in general."

Mueller explained why the FBI and DHS issued the notice, telling the committee, "However, when you have an investigation that ... has gone as far as this, I believed it important that we identify vulnerabilities."

Napolitano said, "Because we didn't have specifics about location, time or target of any potential attack, what we were doing was providing a situational awareness ... on an area that we know has been, from other intelligence, raised as a possibility for attack."

Discussing the transit bulletin and a joint FBI-DHS bulletin on terrorists making homemade explosives, Mueller said, "As you identify those explosives and see how those explosives may have been used in the past on a subway system, that raises a red flag in terms of the possible use of the explosives that were being developed in this particular case, which then results in the generation of that warning."

Intelligence leads in the case did not pan out for investigators after Zazi learned he was under investigation by the FBI from a New York City Police Department informant who tipped off Zazi.

At the hearing, Mueller was sharply questioned by Sen. Carl Levin, D-Mich., about whether the case was blown too early.

Mueller responded, saying, "In every investigation, particularly advanced moving investigations, there are steps that are taken that may or may not work out. This is no different than any other investigation."

Asked if there was any procedural or structural failure in how the case was handled, Mueller said there was no failure in the case.

Levin asked if any lesson could be learned about how the case was handled.

"On this one, I don't think so," Mueller said.

Mueller also dismissed reports that there was tension between the FBI and the NYPD, telling the committee, "The New York Police Department has done a remarkable job in understanding the domain and allocating resources to address threats. And the relationship, I think, is as good as it's ever been at this juncture. And the exchange of information through the Joint Terrorism Task Force has been fulsome and enabled us to take the steps that we've taken to disrupt this latest threat."