t5 b61 vip fdr- 2-26-02 wainstein memo re final report on interview project 224

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1/03/2004 14:51 FAX5128692

U.S. Depar tment of Justice

Execut ive Of f ice for Uni ted Stales A t io rn evs

Off ice o l ' ihc Direc to r Ronm ]1±*A, Mnin Justice Jiuilrtinp

9JO Pennxylvnnin Avenue, f t ' . W .

U r n , D.C 20S30

(702

MEMORANDUMFOR THE ATTORNEYGENERAL

THEDEPUTYATTORNEY GENERAL

FROM: Kenneth L. Wainstein

Director

D A T E :

SUBJECT:

I.

J./Patrick Rowanssistant U nited S tates A ttorney

February 26, 2002

Final Report on Interview Project

Introduction

In the wake of the September l ] I h terrorist attacks, the federal government launched an

unprecedented campaign against the forces of terrorism. In partnership w ith its federal, state and

local law enforcem ent partners, the Department of Justice developed an A im-Terrorism Plan that

focuses on the prevention of further attacks against the United Slates. The A ttorney G eneral

explained in a September 17, 2001 directive to the United S tates A ttorneys, that the "guidingprinciple of this enforcement plan is the prevention of future terrorism through the d ismantling of

terrorist organizations operating within the U nited States." He directed that "(fjederal law

enforcement agencies and the United Slates A ttorneys' O ffices . . . use every available lawenforcement tool to incapacitate these ind ividuals and their organizations," and instructed eachUnited S tates A ttorney to establish an A nti-Terrorism Task Force (A TTF), consisting o f federal lawenforcement agencies and the primary state and local police forces in tha t district, to serve as the

primary coordinating body for implementing the Anti-Terrorism Plan in each district.

The A nti-Terrorism Planhastwo primary strategicgoals: (1 ) to dev elop intelligence that will

help us identify and apprehend tho se who are involved in the planning or perpetration of terrorist

attacks; and (2) to undertake law enforcement operations that sow disruption among those planningsuch attacks. In furtherance of those two goals, the A ttorney G eneral announced on Nov ember 9,2001 that the .Depanment of Justice would undertake to interview several thousand non-immigrant

aliens from countries with an AlQaeda terrorist presence about th eir knowledge of terrorist elem entswithin this country. This und ertaking, known as the Interview Project, was designed as a nationwid e

law-enforcement operation that would both develop intelligence and sow disruption among potential

terrorists, thereby serv ing b oth goals of the A nti-Terrorism Plan.



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b. Announcement of the Project

In his November 9, 2001, memorandum to Ih e Uni ted States Attorneys and the ATTFs , th e

Attorney General announced th e project, summarized its objectives, and .established a one-month

deadline for its substantial completion. Cit in g Septem ber 1 1 th and the clear indicat ions that further

attack was likely, the Attorney General explained that "h is absolutely imperative thai w e in law

enforcement do everything in our power to prevent an y such attack. These interviews are a criticalstep in that effort, as they will prov ide information an d leads that will help us identify and apprehend

terrorists in our midst before they have an opportunity to cause more pain an d suffering to theAmerican people." The Attorney General then explained that th e aliens on the H si had been selected

for interviews simply because they fi t th e criteria of persons who migh t have knowledge of foreign-

based terrorists, and not because they were suspected of any criminal activity. Accordingly, he

directed that th e interviews be conducted on a consensual basis an d that th e interviewees be treatedno t as criminal suspects, but rather "as potential witnesses and sources of information ."

In conjunction with th e Attorney General 's memorandum, th e Deputy Attorney General

issued guidelines for the interviews that addressed th e manner of conducting th e interviews, th e

topics to cover during th e interviews, an d die implem entation procedures an d deadlines. E O U S Athen distributed to each U nited States Attorney's Office th e list of aliens to be located in that districtas we ll as a list of topic questions that was to be provid ed to the inter viewin g investigators for theirus e in the interviews. The list of questions corresponded w ith th e formal of a database, known as

th e ATTF Computerized Reporting System, in which U nited States Attorneys 7 Offices would input

the results of the interviews and thereby preserve the information for future use by anti-terrorisminvestigators.

The day following distribution of these documents, EOU S A held a conference call with al l

United States Attorneys, an d many of the U nited States A ttorneys an d their Anti-Terrorism

Coordinators had further discussions about th e project at EOUSA's National Anti-Terrorism

Conference th e following week. W ithin days of their return from th e conference, th e Coordinators

convened meetings of their ATTFs, explained the project to the ATTF members, and distributedcopies of the memoranda and the interview questions.

The U nited States Attorneys, in coordination with Federal Bureau of Investigation (FBI)Special Agents in Charge, were responsible fo r assigning th e interviews to task force members. In

some districts, there were enough FBI agents and police officers on the Joint Terrorism Task Force

(JTTF ) to handle the assignments. W hile it wo uld have been ideal to have such sp ecialized

investigators assigned throughout the country, that option was una vai lab le in most districts because

of th e number of interviewees and the other investigative demands on those anti-terrorism

investigators. Consequ ently, we decided to call upo n our state, loca l and federal partners o n the

AT TFs, an extraordinary collection of investigators who , though largely lacking s pecific experience

in terrorism investigations, have am ple experience in criminal investigation that easily transfers tothis new arena. Like military reservists in a war situa tion, these inves tigators served as a "force

multiplier" that permitted us to conduct the Interview Project quickly, effectively, and with out



J 04 14:51 FAX 5128692 GAO

disruption to other aspects of the federal government'sami-terrorism effort, 1

The United States Attorneys were also responsiblefo r determining how best to carry out the

interviews in their respective districts. In most distr icts, investigators simply visited the

interviewee's residence or called the interviewee and requested an interview. In nvo districts with

a large number of interviewees -- the Northern District of Il l inois and the Eastern District of

Michigan — the United States Attorney opted to solicit interviews by sending each of the individualson the list a form letter that explained the Interview Project and requested that the recipient call to

schedule an interview. If no call was received from the recipient, investigators followed up with apersonal visit to request an interview.

c. Outreach Efforts to the Affected Communit ies

Media reports following th e announcement of this Project suggested that some immigrant

communities perceived this project as an effort to "harass" or "round up" persons who fi t a certain

ethnic and/or religious profile. In order to allay these concerns and to solicit their cooperation, the

Attorney General and other Department officials held meetings with members of the affected

communities. For example, on November27 , 2001, the Attorney General, the Assistant Attorney

General for the Civil Rights Division, and the Director of the Department's Office of Inter-

Governmental Affairs attended an Iftaar dinner (a traditional evening dinner at which Muslims break

their fast during Ramadan) at the IslamicCenter of Washington. After dinner, the Attorney General

addressed questions from those in attendance concerning the government's investigative efforts.

Then, on December 2, 2001, th e Attorney General and the Assistant Attorney Genera] for the

Criminal Division met in Detroit with representatives of the Arab-American community there to

discuss the investigation and the Interview Project.

These outreach efforts were duplicated on a local level by United States Attorneys, FBI

Special Agents in Charge, and other ATTF members. In the Central District of California, for

example, the United States Attorney and the FBI Assistant Director in Charge held a meeting on

December 4, 2001 with members of the Muslim Community and thepress atwhich they assured theaudience that the Department (1) was not targeting Muslims, (2) was intent on conducting the

interviews in a consensual, non-confrontational manner, and (3) was interested in hearing about any

'The overwhelming majority of state and local law enforcement agencies enthusiastically

participated in the Interview Project. However, in Oregon, despite the ruling of the Oregon

Attorney General that nothing in Oregon law prevented investigators from participating in the

interviews, the Portland Police Bureau nonetheless refused to participate. There were a handful

of other jurisdictions where certain police departments declined to participate, citing concerns

that the project amounted to racial profiling or that aspects of the Project were inconsistent with

local laws or regulations that restrict their participation in the enforcement of federal immigrationlaws. In those jurisdictions, the other members of the ATTF simply made up for the absence of

those departments by performing a greater share of interviews.



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com pla in t s th e Musl im co mmun i ty m i g h t have about th e m a n n e r in w h i c h in te r v ie ws we re

cond uc te d . In the Eastern District o f Michigan , th e A c t i n g U n i t e d States A ttorney par t i c ipa te d in

fw e meet in gs w i th p o l ice ch ie fs and Middle Eastern com m unity leaders to discuss their concernsabout the Interview Project. Shortly after his conf irmation on December 7 " > , th e n e w l y sworn- in

Uni ted States Attorney fo l low e d up with a meet in g with Arab-American an d M u s l i m c o m m u n i t y

leaders and representatives of the offices of Senators Stabcnow and Lev in . In the District of Oregon,

tw o Assis tan t United States Attorneys m et with representa t ives of the Mu sl im C o m m u n i t y inEugene, Oregon, took some suggestions from the c o m m u n i t y as to how best to approach interview

subjects in a non-threatening manner, and then passed those suggest ions along to the officersconduct ing the in terviews.

These outreach efforts were quite successful in co nvinc ing m any com m unity leaders that law

enforcement w as acting in good faith and in so l ic i t ing th e ac t ive cooperation of the Mus l im

communities in the government's w ar on terrorism. A good i l lustration of that success is the

experience of the Chief of the Criminal Division of the United States Attorney's Office for the

Eastern D istrict of Michigan when he and police officials attended a meet in g in Decem ber w ith four

I m a m s and other leaders of the local Mid dle Eastern co m m un ity. At the end of the me e t ing , near ly

al l of the community leaders presented him w ith their business cards , and told him to call if heneeded interpreters to assist in the in terviews and the war on terrorism.

: III. Results of the InterviewsiThe Interview Project produced results in a num ber of w ays. Besides a chiev ing its prim ary

purposes of netting intelligence and sowing disruption, th e projec t had the effect of s igni f icant ly

strengthening our relationships with th e country's Musl im co mm un i tie s and w i t h our s ta te an d loca lla w enforcement partners -- relationships that w i l l be critical to the success of our long-term anti-

lerrorism effort. This section will summarize the num erical results of the Interview Project and thendescribe these other benefits .

a. Number of Interviews Conducted

Based on our. review of the Computerized Reporting System and the weekly reports

submitted by the Anti-Terrorism Coordinators, it appears that investigators located and interviewed

approximately half of those on the list. The original list, minus any double entries, totaled 4793

individuals . Ofthat number, 681 w ere determined, after invest iga t ion and extensive efforts to locate

them, to have left th e United States. Another 1097 indiv iduals could not be verified as having left

th e country, but s im ply could not be located. Approximate ly 785 i n d i v i d u a l scould not be located

within the assigned district, but were determined to have m ove d to another d istric t. In those

instances, the individual's name and any information derived from the investiga tion in the originaldistrict was referred to the ATTF in the d istric t to which he had m oved . Those "referral" cases

required close coordination between th e ATTFs, and they account for the in terviews tha t hav e takenth e longest to complete.



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To date, investigators have conducted approximately 2261 interviews, a number which will

probably increase slightly as ATTFs finish th e final interviews, m a n y ' o f which are referrals fromother distr icts or college students who l e f t school for winter break and only recently returned. Only

a small percentage of the persons intervieweddeclined to answ er questions. In the Eastern District

of Michigan, fo r example, only eight out of 31 3 individuals refused to be interviewed. In Oregon,

it was only one out of 69, and in Minnesota, it was one out of 59. Those numbers are representative

of th e experience of districts around the country.2

b, Terrorism-Related Leads

The first goal of these interviews was to obtain information about terrorist activities. While

most of the interviewees had no information relating lo specific terrorists or terrorist acts, some

provided leads that m ay assist in the investigation of PENTTBOM or other potential terrorist

activities. Th e following are examples of such leads;

In [REDACTED]3, an interviewee p rovided investigators with th e name and address

of a person [REDACTED] with one of the nineteen September 11 th hijackers.

In [REDACTED], an interviewee indicated that he recalled seeing one of the

September 1 llh hijackers at [REDACTED].

In [REDACTED], an interviewee acknowledged [REDACTED], an organization

suspected of [REDACTED] to terrorist groups. Th e individual reported that

[REDACTED]. [REDACTED].

One interviewee in [REDACTED] described a man who talked of gathering like-

minded friends and going to .[REDACTED}.

In [REDACTED], investigators [REDACTED]. [REDACTED].

At least two other interviewees identified acquaintances who had taken flight training

2 Very few arrests were made in connection with the interviews. Reports from the

United States Attorneys indicate that fewer than twenty interview subjects were taken, into

custody. Most of those arrested were charged with immigration violations, and three individuals

were arrested on criminal charges. None of the criminal cases appears to have any connection to

terrorism. There are a small number of individuals who remain under investigationby the INS

for immigration violations, but have not yet been charged.

3 Information that is deemed to be law enforcement sensitive has been deleted from this

report. All deletions from the text are marked as "[REDACTED]."



j\2 FAX 5128692 GAO ®007/009

in Florida.

One intervieweein [REDACTED] provide d in format ion regarding a [REDACTED!that offered to produce false [REDACTED] passports.

In [REDACTED], an interviewee identified a [REDACTED] who had previously

?p̂ SS?JSfDACTED] and i5 allegedly Wanted for a violent cr ime in[REDACTED].

Anotlier individual in [REDACTED] provided information abou t [REDACTED!

who produces false [REDACTED] for use in solicit ing financial assistance an djus t i fying alien requests for visa extensions.

In [REDACTED], an interviewee reported that he knew of a person dealin* in

counterfeit [REDACTED]. [REDACTED] to assist in an invest igation of'fliecounterfeiter.

c. Disruptive Effect

Over an d above ou r search for terrorism-related intelligence, th e interviews were intendedto disrupt potential terrorist activities. Wh ile our success in achieving this objective is im poss ible

to measure, we have every reason to believe that th e project had the desired disruptive effect. In the

course of conduct ing these interviews, investigators fanned ou t across th e United States an d madecontact wit h thousan ds of people. In the course of locating an d interviewing each person on the list,

investigators generally had contactwithn jany of the person's neighbors, friends an d relatives. These

contacts, com bined with the widespread m edia attention the project received, ensured that potenti alterrorists sheltering themselves within our communi t ies were aware that law enforcement was onthe job in their neighborhoods.

All of this in vestigative activity certainly m us t have caused concern for those in this couniiywh o are associated with Al Qaeda. Any Al Qaeda-trained terrorist living in this country was onnotice that someone he associated with might well be on a list to be interviewed. Even if that

terrorist had not confided his plans to anyone, he could not be sure whether his activities had

generated suspicion in his community, suspicion that might have prompted an interviewee tom ention hi s name to investigators. The unease caused by that un certainty wou ld likely have causedthat terrorist to pursue his plans less boldly, and possibly to scale back, delay or abandon his plansaltogether.



A 14:52 FA X 5128692

d. Effec t on C o m m u n i t y Relat ions

This project had the effect of increasing the level of contact between law enforcement an d

communities of immigrants from countries with a significant Al Qaeda presence, and it gave our

federal and local la w enforcement officers th e opportunity to demonstrate, on a person-to-person

basis, their professionalism an d their interest in these immigrant communities. Contrary to the

predictions of some in the media that th e project would produce greater friction between lawenforcement and these communities, reports from the Anti-Terrorism Coordinators indicate that the

contact resulting from the project has forged stronger ties between law enforcement and these

communities.

This is borne out by the cooperative response from most of the interviewees. Not only did

very few of those contacted fo r interviews decline to answer questions, most expressed a strong

desire to help law enforcement in its campaign against terrorism. In [REDACTED], fo r example,

an interviewee claimed knowledge of groups in his native country of [REDACTED] that may be

sympathetic to terrorists, and he [REDACTED]. Many others agreed to act as sources for law

enforcement in this country and others, and a large number volunteered their services as interpreters.

The willingness of these non-citizens to .volunteer their time an d efforts in the fight against

terrorism demonstrates th e enhanced feeling of kinsh ip between these communities and law

enforcement that was generated by this project. W h i l e soine members of these communities

certainly continue to distrust the government, a significant number are now less suspicious of law

enforcement , and, as the Anti-Terrorism Coordinator for the Middle District of Florida noted in a

report to EOUSA, law enforcement now has a "much better feel for the Middle Eastern community

in the District." This higher level of mutua l understanding will pay dividends as we continue to

focus investigative efforts against terrorists within those communities.

e. Effec t on Working Relationships in Law Enforcement

TheInterview Project required theassistanceof approximately 250 different lawenforcement

agencies. While the FBI and other federal agencies in some districts completed the interviews on

their own, the majori ty of districts called upon their state and local partners on the ATTFs to assist

in the project. Besides being critical to the timely completion of the interviews, the participation of

these agencies laid th e groundwork fo r closer working relationships in the future. In the course of

the project, police officers and detectives routinely teamed up with FBI agents to locate and

interview individuals. This collaboration gave state and local law enforcement agencies an

opportunity to demonstrate their competence in anti-terrorism investigations, a relatively new field

fo r many of these agencies. At the same time, the federal law enforcement agencies established that

they can work in good faith as partners with their state and local counterparts in the war against

terrorism. The positive experience and interaction between agencies during this project bode well

fo r future cooperation and information-sharing among the agencies involved in the long-term battleagainst terrorism.



J 4 1 4 : 5 2 F A X 5128692 GA

. f. The ATTFs

This pro ject also had the effect of establishing the ATTFs as a vjial and effective component

of our anti-terrorism strategy. A s explained above, the Attorney General established the ATTFs

soon after the September 1 llh attacks to serve as an operational entity for the implem entation and

coordination of the Departmen t's anti-terrorism plan , :o be a conduit for the dissemination ofinformation about terrorists between federal and local agencies, and to provide a standing

organizational structure for a coordinated response to a terrorist inciden t in the district. The success

of the ATTFs in undertaking and successfully com pleting this complicated project has dem onstratedtheir capacity an d willingness to perform these important responsibilities, which has in turn further

integrated them into the national anti-terrorism network an d the local law enforcem ent communityin each district

A good example of this phenom enon is the experien ce in the W estern District of Michigan,

where a joint task force of federal, state an d local officers located an d interviewed 98% of the

individuals on their list, developing useful information and cultivating potential source relationshipswith a nu m ber of interv iewees. A s the United States A ttorney wrote in her report to EOUSA :

Th e success of the effort in WesternMichigan is attributable to the federal agents an dstate an d local officers who volunteered to conduct the interviews. This has been anexcellent example of federal, Slate an d local partnership. Some of the WesternDistrict's most seasoned an d experienced agents an d officers knocked on doors an dtreated the interviewees with courtesy and respect. The outcom e has been

consistently positive.

We hav e received similar feedback from m any districts around the country,

g. Precedent for Future Operations

When this project was first announced, some com m entators quickly labeled it a "dragnet"

or a "round-up" based on an ethnic or religious profile that would unleash ou r police officers to

harass m embers of minority com m unities throughout the country. This prediction was proved false

by the sensitive and respectful m anner in which the investigators conducted these interviews, an d

by the absence of any credible allegations to the contrary by those who were interviewed. This

project demonstrates that, contrary to the predictions, our law enforcement com m unity can undertake

aggressive and wide-ranging anti-terrorism measures with full respect for legal safeguards and the

dignity of individuals who might be touched by the measures. This legacy will help to quell

resistance to and criticism of future such operations.

t5 b61 vip fdr- 2-26-02 wainstein memo re final report on interview project 224

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