DM B4 Freeh Fdr- Entire Contents- 7 Withdrawal Notices and 1-7-04 Hawley Memo Re Policy Areas of Concern 308

8/14/2019 DM B4 Freeh Fdr- Entire Contents- 7 Withdrawal Notices and 1-7-04 Hawley Memo Re Policy Areas of Concern 308

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W I T H D R A W A L N O T I C ERG: 148Box: 00002 Folder: 0001 Document: 13Series: Dan Marcus FilesCopies: 1 Pages: 10

ACCESS RESTRICTEDThe item identified below has been withdrawn from this file:

Folder Title: [Louis] FreehDocument Date: 12-18-2003Document Type: Memo of ConversationFrom:To:

Subject: Interview of Robert Bryant, former Deputy Director, FB I

In the review of this file this item was removed because access to it isrestricted. Restrictions on records in the National Archives are stated ingeneral and specific record group restriction statements which are availablefo r examination.

NND: 221Withdrawn: 02-25-2008 by:RETRIEVAL*: 221 00002 0001 13


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W I T H D R AWA L N OT I C E

RG: 148Box: 00002 Folder: 0001 Document: 3Series: Dan Marcus FilesCopies: 1 Pages: 15


Folder Title: [Louis] FreehDocument Date: 01-08-2004Document Type: Memo of Co nversationFrom:To:

Subject: Interview of Former FBI Director LouisFreeh

In the review of this file this item was removed because access to it isrestricted. Res trictions on reco rds in the National Archives are stated ingeneral and specific record group restriction statements which are availablefo r examination.

NND: 221Withdrawn: 02-25-2008 by:RETRIEVALS 221 00002 0001 3


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Folder Title: [Louis] FreehDocument Date:Document Type: Talking Points/Briefing PaperFrom:To:

Subject: Questions for Louis J. Freeh, Former Director, FBI


NND: 221Withdrawn: 02-25-2008 by:RETRIEVAL #: 221 00002 0001 4


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WITH DR AW AL NO T IC ERG: 148Box: 00002 Folder: 0001 Document: 5Series: Dan Marcus FilesCopies: 1 Pages: 7


Folder Title: [Louis] FreehDocument Date:Document Type: Talking Points/Briefing PaperFrom:To:

Subject: Questions for Louis J. Freeh, Former Director, FBI

In the review of this file this item was removed because access to it isrestricted. Restrictions on records in the National Archives are stated ingeneral and specific record group restriction statements which are availablefor examination.

NND:221Withdrawn: 02-25-2008 by:RETRIEVAL*: 221 00002 0001 5


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WITH D R A W A L N O T I C ERG: 148Box: 00002 Folder: 0001 Document: 6Series: Dan Marcus FilesCopies: 1 Pages: 1


Folder Title: [Louis] FreehDocument Date:Document Type: Note/NotesFrom:To:

Subject: Roger Cressey MFR references to Freeh

In the review of this file this item was removed because access to it isrestricted. Restrictions on records in the National Archives are stated ingeneral and specific record group restriction statements which are availablefor examination.

NND:221Withdrawn: 02-25-2008 by:RETRIEVAL #: 221 00002 0001 6


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WITH D R A W A L N O T I C ERG: 148Box: 00002 Folder: 0001 Document: 7Series: Dan Marcus FilesCopies: 1 Pages: 1


Folder Title: [Louis] FreehDocument Date:Document Type: Note/NotesFrom:To:

Subject: Freeh Item from NSC Documents


NND: 221Withdrawn: 02-25-2008 by:RETRIEVAL #: 221 00002 0001 7


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Folder Title: [Louis] FreehDocument Date: 01-07-2004Document Type: ChronologiesFrom:To:

Subject: Department of Justice and Federal Bureau of Investigation Chronology , 1 Jan 98 to 31 Dec 01


NND: 221Withdrawn: 02-25-2008 by :RETRIEVAL #: 221 00002 0001 8

f _ec.


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Policy Areas of ConcernStrengthening the Law Enforcement & Ju stice InstrumentJanuary 7, 2004Prepared by Len Hawley

Overview: This paper ou tlines several "policy areas" that are relevant to enhancing lawenforcement to be an effective instrument of U .S. counterterrorism policy. Before 9-11,our nation's law enforcem ent instrument proved to be ineffective in thwarting thedangerous threat posed by al-Qaeda. Although m uch is now being attempted by Justiceand the FBI since those attacks, these efforts remain modest attempts to make requiredimprovements in this core instrument of U.S. counter-terrorism policy.Role of Law Enforcement: Law enforcement should play a central role in counter-terrorism in ways that offer near and far-term achievements in dealing with today's globalterrorist threat, particularly the al-Qaeda network. Law enforcement should play a key rolein the followin g areas of national strategy:

1) Defeating al-Qaeda and its affiliated terrorist groups;2) Preventing terrorists from acquiring CBRN weapons;3) Strengthening U.S. security from attacks both at home and abroad;4) Bolstering international resistance to Islamist terrorism; and5) Contributing to U.S. policy-making activities.

Overall, the rule-of-law presents an important venue for U.S. counterterrorism policiesbecause it builds upon A merican dem ocratic principles an d offers man y opportunities forinternational cooperation against this very com plex threat to our na tional security as wellas a menace to international peace and stability in key regions of the world. As currentlyenvisioned, however, the nation's law enforcement instrument w ill likely be unable tomake the necessary contributions to U.S. counterterrorism policy aims.Policy Areas of Concern1 . The U.S. National Security System: Should Justice and the FBI be formally broughtinto the U.S. national security system?

The 9-11 Story: Before 9-11, it was unclear whether the Attorney General and the FBIDirector should participate in cabinet-level decisions, despite the central role theirorganizations played in prosecuting U .S. counter-terrorism policy. Even after 9-11,their formal participation remains am biguous.Lesson Learned : Althou gh the terrorist threat to U.S. national security has changedsubstantially since 1996, our national security system has not adapted. Defeating al-Qaeda terrorism requires law en forcement, yet Justice and FB I are not part of the


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formal system. This situation discourages full participation by the Attorney Generaland the FBI Director at the policy level and creates needless adverse consequences tothe United States in em ploying law enforcem ent tools in the war on terrorism.Possible Recommendations:a. Designate the Attorn ey General and the Director of the FBI as full m embers on

the National Security Co uncil with pa rticipation in NSC Principals andDeputies m eetings.b. Establish a Deputy Nationa l Security Advisor for Intelligence, LawEnforcement and Counter-Terrorism within the NSC staff.c. Assign selected Justice and FBI personnel in the NSC office responsible forcounter-terrorism, including newly-created interagency entities to strengtheninteragency management of the war on terrorism.d. Integrate Justice and FBI within standard inform ation system s within the U.S.governm ent that pertain to national security.e. Wh at else?2. Legal Authorities & AG Guidelines: Should current legal authorities (e.g. Patriot Act,FISA law, etc) and selected AG Guidelines be modified to enhance the FBI's capacityto fight the war on terrorism?3 . Threat of Religious Fundamentalism: What legal measures and law enforcementauthorities should be adopted to diminish the terrorist threat posed by violent religiousfundamentalist groups, particularly radical Islamist terrorist groups?4. Foreign vs. Dom estic Terrorism: Should DOJ and the FBI adopt m easures to close theseams between foreign and dom estic terrorism in strategy, processes and organizationalstructures?5. Intelligence Collection & Reporting: Should the FBI establish a CT intelligencecollection capacity along with a robust reporting system to support dom estic andforeign field operations to fight war on terrorism?6. Strategic Analysis: Should the FBI establish a robust strategic analysis capability fo rpotential terrorist threats to the United States, a capability that integrates with the

CIA's analysis capabilities?7. Information-Sharing: What formal systems and practices should be adopted toinstitutionalize habitual and effective inform ation-sharing activities am ong relevant

federal agencies?8. Tracking & Apprehension of Terrorist Suspects: What new interagency processesand FBI internal m echanisms and procedures should be adopted to im prove discovery,tracking and apprehension of terrorist suspects at hom e and abroad?


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9. CBRN Capacity: What should be done to improve the FBI's capacity to thwartpotential terrorist attacks involving CB RN ?10. Cyber Terrorist Capacity: What should be the role of the F BI in relation to DHS tothwart potential cyber attacks by terrorist groups?11. Coerc ive Field Operat ions: What should be done to improve the conduct of coercivejoint operations against terrorist ce lls, particularly abroad, in w ays that integrate U.S.operational capabilities of intelligence, law enforce me nt, covert operations, specialoperations, military activities and public diplomacy?12. Terrorist Financing: What should be the role of DOJ and the FBI in the interagencyeffort to dismantle financial support systems of terrorist groups?13. B order Control: What should be the role of the FBI in contributing to strengtheningU.S. control of its borders and ports of entry?14 . Rela t ionship be tween the FBI a nd D H S : What should be the relationship between theFB I and DHS in protecting Americans against terrorism? What seams need to beclosed in domestic preven tion and response?15. La w Enforcement Cooperat ion: What should be done to strengthen cooperationamong federal, state, and local law enforcement officials for counterterrorism?16. Internat ional Cooperat ion: What should be done within DOJ and the FBI to makethem more effective in helping foreign governments to build law enforceme nt capacityto deal with indigenous terrorist threats having global reach? What shou ld be done toenhance international coope ration in law enforcem ent against global terrorist groups?17. Legat Program Expansion: What should be the posture, roles and staffing of the legatprogram in the future to better fight the war on terrorism abroad rather than at home?18 . Stra teg ic Adapta t ion: What should be done within the Justice / FBI team to help U.S.law enforcement better prepare for new forms of terrorist attacks against the UnitedStates, given that our terrorist adversaries will seek to use surprise, uncertainty and ouropen society to mount attacks against Am erica?19. Incentives for Cultural Change: What should be done to provide incentives andrewards to both young and seasoned FBI career professionals to overcome resistant

cultural norms and adopt new and needed initiatives to improve the FBI's overallperformance in counterterrorism?20. Internal Priorities fo r CT: How should the DOJ and FBI be postured internally overthe next several years to maintain CT as a top organizational priority in relation toother compe ting priorities such as guns, drugs, or civil rights?


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21 . IT Infrastructure and Managemen t Practices: What should be done to modernize theFBI's archaic information technology infrastructure and information managem entpractices to improve the FBI's performance an d support the FBI's integration with therest of the interagency?

22. Adequate Resources fo r Capacity-building: What resources should be allocated(personnel, equipment, and funding) to support all reform initiatives contained hereinover the next ten years?