October 1987, Volume 56, Number 11

1 Terrorism Today By Oliver B. Revell

5 Domestic Terrorism in the 1980's By John W. Harris, Jr.

14 The FBI and Terrorism By Steven L. Pomerantz

18 Irish Terrorism Investigations By J.L. Stone, Jr.

24 Narco-Terrorism By Daniel Boyce

28 FBI's Expanding Role in International Terrorism Investigations By D.F. Martell mu Law Enforcement Bulletin

United States Department of Justice Published by the Office of Public Affairs The Cover: Federal Bureau of Investigation Milt Ahlerich, Acting Assistant Director This issue of the Bulletin is a special report on Washington, DC 20535 terrori sm. Cover design by John E. Ott.

Editor­Thomas J. Deakin John E. Otto, Acting Director Assistant Editor- Kathryn E. Sulewski Art Director­John E. Ott The FBI Law Enforcement Bulletin The Attorney General has determined that the Production Manager­Mark A. Zettler publication of this periodical is necessary in the (ISSN·0014·5688) is published monthly by the transaction of the public business required by Reprints- Carolyn F. Thompson Federal Bureau of Investigation, 10th and Penn· law of the Department of Justice. Use of funds sylvania Ave. , N.w., Washington, DC 20535. for printing this periodical has been approved Second-class postage paid at Washington, DC . by the Director of the Office of Management Postmaster: Send address changes to Federal and Budget through June 6, 1988. Bureau of Investigation, FBI Law Enforcement Bulletin , WaShington, DC 20535.

ISSN 0014-5688 USPS 383-310 Terrorism Today all levels of the law enforcement community must work together to ensure success against terrorists."

By OLIVER B. REVELL Executive Assistant Director For Investigations Federal Bureau of Investigation Washington, DC

There is little doubt that today ter• than criminals.. These individuals are in• whose activities transcend national rorism has become both a major con• volved in criminal activity and the FBI boundaries. cern for the United States and a major pursues its counterterrorist respon• The mission of the FBI in counter• issue within the U.S. law enforcement sibility within the law enforcement con• terrorism is to both prevent incidents, community. During the past several text, with prosecution of criminal activity where legally possible, and to react years , bombings, assassinations, and its primary goal. effectively after incidents occur. In an armed robberies, which have captured Terrorism is a worldwide problem. effort to prevent terrorist activity, the the attention of both the media and the Fortunately, the United States has not FBI collects information on individuals, citizenry, have been committed against experienced the same level of activity groups, associations, movements, and Americans in the United States and - and deadliness - of terrorism as support structures, when we have infor• elsewhere by terrorist groups and indi• elsewhere in the world: in Europe, in mation that they are involved in illegal viduals. These acts have been perpe• the Middle East, in Central America. activity in support of terrorism . This trated for a variety of causes, ranging Law enforcement at all levels, Federal , serves not only to aid prosecution, but it from a desire to destroy capitalism to State, and local, must work together to builds the intelligence base which retribution against historic enemies. ensure that terrorism does not become makes the prevention of terrorist acts Terrorism is a form of organized an even more significant factor tomor• possible. The reactive phase consists criminal behavior, but it is unlike other row than it is today. of an effective and timely investigative crimes that we have experienced be• response to a terrorist act. cause terrorist crimes are allegedly Overview committed for political purposes. Ter• The FBI is the lead Federal law en• As a result of the FBI 's counterter• rorism has been called a new form of forcement agency in the U.S. Govern- rorism effort, ably supported by a num• warfare, but instead of standing armies, ment's fight against terrorism, both in• ber of other agencies and departments, terrorism is committed by individuals or ternational and domestic. Domestic the number of terrorist incidents in the relatively small, but compact, groups. groups are those which operate entirely United States has declined during the No major outlays for supply and logistic within the United States or Puerto Rico past several years, from 51 in 1982, to expenses are needed, and terrorists and which generally direct their ac• 13 in 1984, to 7 in 1985. During 1986 operate clandestinely. Terrorists in this tivities against our Government or there were 17 confirmed terrorist inci• arena call themselves many things-ur• some element of our society. Interna• dents in the United States. Although ban guerrillas , warriors , or freedom tional groups are those with some de• there was an increase during 1986, 11 fighters-but they are nothing more gree of foreign direction or support or of the 17 incidents were committed by

______October 1987 I 1 witnesses in the Aryan Nations case, suit of arrests and convictions, these or• and Libyan dissidents residing in the ganizations have a demonstrated ability United States. to regroup following a period of adver• sity. Supporters or members still at Domestic large have the capability and the poten• In the domestic arena during the tial to carry out additional terrorist ac• past 2 years, there has been a re• tivities. surgence in violent activity by Jewish terrorists that has been directed prin• International cipally against Arab-American ele• Of the international groups active ments and individuals allegedly tied to in the United States, the FBI is most EAD Revell World War II Nazi activities. Several concerned about those associated with deaths have resulted from these at• Libya and Iran. Both countries have two groups on two dates. The number tacks and these matters are being af• large student populations in the United of active groups and the relative terror• forded the highest investigative priority. States which are well organized ist threat in the United States has not in• Right-wing extremist groups, some through societies and clubs and have creased. There has not been a terrorist of which have engaged in paramilitary the potential to serve as an infrastruc• act committed by an international ter• tactics and survivalist training, pose a ture to support terrorist activity. The rorist group in the United States since significant threat to law enforcement vast majority of these students do not 1983. During this same period, the personnel, to ethnic minorities, and to and will not support terrorism; however, number of terrorist incidents prevented government buildings. These groups, a minority within these groups have rose from 3 in 1982 to 23 in 1985. An such as the Aryan Nations and the demonstrated a fanatical dedication to additional 8 preventions were recorded Sheriff's Posse Comitatus, espouse the regimes that control Libya and Iran during 1986. philosophies that are violent, racist, and and these governments have spon• During the past 2 years , indict• antigovernment. There is also evidence sored terrorism. Syria also has been a ments or convictions have been ob• of communication between these proponent of state-sponsored terror• tained against individuals belonging to groups, and possibly, a coordination of ism . To date, their activities in the a wide range of domestic groups en• efforts. United States have been confined pri• gaging in terrorism . Included among Left-wing extremists, which include marily to monitoring and countering dis• these were persons responsible for the black, white, and Puerto Rican ele• sidents; however, this could well 11 bombings claimed by the United ments, are also of concern. These change due to an increasingly vigorous Freedom Front; bombings, including groups seek change through revolution, American response to terrorism the one of the U.S. Capitol , claimed by for example, " independence" for abroad. the Armed Resistance Unit; murders Puerto Rico, the overthrow of capital• Our Government's military actions and robberies by ·the Aryan Nations and ism and "imperialism," or the establish• against Libya have resulted in threats its affiliate group, the Order; and bomb• ment of a black nation within the United by Colonel Qadhafi and Palestinian ter• ings, rocket attacks, and robberies by States. The May 19th Communist Or• rorists to export terrorist violence to the the Puerto Rican group EPB-Ma• ganization, the Prairie Fire Organizing United States itself. These threats are cheteros. At least 14 bombings planned Committee, the Armed Forces of the taken seriously by the FBI and the U.S. in the Washington , DC , area and the National Liberation, the Organization of intelligence community. Fortunately, northeastern United States were Volunteers for the Puerto Rican Revo• these threats have not developed into aborted because of the arrests of some lution, the EPB-Macheteros, and the terrorist attacks in the United States. of these individuals. Republic of New Afrika/New Afrikan Other international groups, such as During this same period, planned Freedom Fighters are just a few of the Sikh and Armenian extremists, con• acts of international terrorist activity organizations which espouse such phi• tinue to pose a serious threat to Indian prevented through investigative activity losophies. and Turkish interests in the United included attempted assassinations of Although severe setbacks have States. the Prime Minister of India, a high-level been dealt to both left- and right-wing The threat to Americans traveling Indian Government official , cooperating groups during the past 2 years as a re• overseas and to American personnel

2 FBI Law Enforcement Bulletin ______"Right­wing extremist groups, some of which have engaged in paramilitary tactics and survivalist training, pose a significant threat to law enforcement personnel .... " and interests abroad has increased as tionals; bent upon us to ensure that we will be well. Groups which pose the greatest -If the perpetrator is subsequently able to manage, cope with, and resolve threat include Palestinian or Arab com• found in the United States; or terrorist incidents involving U.S. cit• mando groups, such as Abu Nidal , -If the U.S. Government is being izens. Hizballah, and the 15 May Organiza• compelled to take certain ac• The Vice President's Task Force tion ; shadowy associations, such as Is• tions. makes specific recommendations for lamic Jihad (Holy War) , which is actu• our national response to terrorism. In addition, the Omnibus Diplo• ally a concept or philosophy rather than These recommendations include estab• matic Security and Antiterrorism Act of an organization ; and Libyan-sponsored lishing additional reward incentives for 1986, which was enacted in August elements. These have been respon• information on terrorists and initiating 1986, created a new section of the U.S. sible for a cruise ship hijacking (Le legislation which will prevent terrorists Code which expands Federal jurisdic• Achille Lauro) and several airline hi• from abusing the Freedom of Informa• tion in matters of extraterritoriality to in• jackings (TWA, Pan Am , Egypt Air) dur• tion Act. In light of these and other rec• clude homicide, conspiracy to commit ing which American citizens, simply be• ommendations contained in the Vice homicide, or physical violence com• cause they were Americans , were President's Report, it is evident that all mitted against a U.S. national abroad singled out and murdered. These levels of the law enforcement com• as part of a terrorist endeavor. This groups have also been responsible for munity must work together to ensure statute was applied for the first time in the bombing of the La Belle Disco• success against terrorists. the September 5, 1986, hijacking of theque in West Berlin, West Germany, which was frequented by U.S. Army Pan Am Flight 73 in Karachi, Pakistan, Cooperation/Coordination personnel; for the bombings of the in which two U.S. nationals were killed . On the Federal level, cooperation American Embassy and Marine Corps The FBI has been given the re• between Government agencies in ter• compound and the kidnaping of Ameri• sponsibility to conduct investigations rorism matters has never been better. can citizens in Beirut, Lebanon; and for when violations of these laws occur. Through the medium of interagency the assaults at the Rome, Italy, and Following the June 1985, Athens to policy coordination groups, such as the Vienna, Austria, airports. Rome TWA hijacking and the October Interdepartmental Group on Terrorism In addition, American military per• 1985, Le Achille Lauro affair, FBI inves• and the Interagency Intelligence Com• sonnel and facilities in Europe, es• tigative teams interviewed hostages, mittee on Terrorism, working relation• pecially West Germany and Italy, have crews, and hijackers and conducted fo• ships and policy coordination have been subjected to attacks, mostly by rensic examinations at the crime been considerably strengthened. Fur• bombing. These have been carried out scenes. Arrest warrants have been is• ther, the lead agency concept with the by domestic groups in those countries, sued by the U.S. Government for the hi• U.S . Department of State having re• such as the Red Army Faction in West jackers in several of these incidents. sponsibility for coordination of counter• Germany and the Action Direct in The FBI undertakes an investigation terrorism abroad and FBI responsibility France. The threat level to our military within a foreign country only with the in this country has worked quite well, and diplomatic personnel in these loca• authorization and support of the host paFlicularly during significant events. tions remains high. government. During incidents, the lead agency Because of the attacks against establishes and maintains a working American citizens, especially the hi• Vice President's Task Force group to discharge its primary respon• jackings, Congress passed the Com• The Public Report of the Vice Pres• sibilities and also to coordinate with prehensive Crime Control Act of 1984. ident's Task Force on Combating Ter• other agencies. Accordingly, the State Chapter XX of the act deals with hos• rorism mandates a coordinated, na• Department and FBI , as well as various tage taking. Pursuant to this act, if a tional response to terrorism. Law other agencies, maintain communica• hostage taking occurs outside of the enforcement agencies in the United tions with each other during incidents United States, Federal jurisdiction can States responsible for acting against through operations centers which are be asserted if at least one of these fac• terrorism must be prepared to coordi• staffed around the clock. tors is met: nate their efforts with appropriate Fed• Because the primary goal of the -If the perpetrator or any of the eral, State, and local authorities. As law U.S. Government is to prevent terror• hostages are American na• enforcement professionals, it is incum• ism in the United States and against

______October 1987 I 3 "Where persistent terrorist problems exist, chiefly in our major cities, formal joint task force relationships are created .... "

U.S. citizens and facilities abroad, the local authorities to assure a coordi• Agents in Charge of local FBI field of• FBI created a special Headquarters unit nated response to the incident as well fices routinely meet with their local to work with other elements of the U.S. as coordination of the investigations. counterparts to maintain a continuing Government to identify possible targets Where perSistent terrorist prob• dialogue. Publications such as the FBI and make plans responding to specific lems exist, chiefly in our major cities, Law Enforcement Bulletin and speak• perceivable threats. This unit works formal jOint task force relationships are ing engagements by FBI officials are closely with entities such as the Depart• created. The pu rpose of these task also designed to disseminate informa• ment of Defense and the Department of forces is to maximize interagency coop• tion . Energy on prioritization of locations and eration and create a close-knit, cohe• However, to facilitate increased facilities that present the greatest po• sive unit capable of addressing the dissemination of terrorist-related infor• tential risk , for the purpose of con• most complex problems faCing Federal, mation to State and local law enforce• tingency planning in the event of a ter• State troopers, and FBI Agents. All in • ment officers, additional procedures are rorist attack . To assist in this volved agencies participate equally in being established. Increased direct contingency planning , the FBI has the formulation and implementation of contact on the management level be• signed a Memoranda of Understanding investigative strategies. This approach tween the FBI and local police is being with the Nuclear Regulatory Commis• has been so successful that plans are encouraged. FBI participation in both sion and Department of Energy with re• being formulated to create new task international and local forums is contin• gard to threat, theft, or sabotage in the forces in order that the scarce re• uing to ensure the flow of information to nuclear industry and response to an in• sources of both Federal and local agen• authorities who need it. The FBI advo• cident involving an improvised nuclear cies can be put to more effective and cates and supports enhanced coopera• device. We are also developing jOint efficient use. tive efforts both nationally and interna• contingency plans with State and local Experience has shown that the tionally as the best and most effective agencies in the vicinity of nuclear facili• pooling of personnel and resources on means to combat the threat of terror• ties. joint task forces in major metropolitan ism. The FBI also works closely with areas achieves results. However, be• such agencies as the Bureau of Alco• cause terrorists have the capability of Conclusion hol , Tobacco and Firearms, the Cus• striking anywhere in the United States, Terrorism is indeed a global prob• toms Service, the U.S. Secret Service, the concept of complete cooperation lem . As professional law enforcement and Immigration and Naturalization and coordination engendered by the officers, it is our duty to use all available Service where the jurisdictional inter• task forces should be enlarged to en• foreign and domestic channels, such as ests of those agencies are involved. sure sufficient and timely dissemination Interpol and the FBI 's National Crime The FBI 's cooperative efforts with State to other local law enforcement agen• Information Center (NCIC) , to ensure and local law enforcement agencies cies. General information on the terror• that the appropriate authorities have have been greatly enhanced in recent ist threat is routinely disseminated ; access to information which may help years. For special events , such as however, specific information on FBI prevent or resolve a terrorist incident. Olympic Games, World Fairs, and polit• terrorism investigations often cannot be Information available through non• ical events, antiterrorism working disseminated to local agencies unless operational channels should also be groups and operations centers are there is a specific need because of more fully exploited. One of our strong• formed . Participation of State and local restraints placed upon the FBI by Fed• est tools in the fight against terrorism is authorities is sought and a Memoran• eral statutes, Federal rules of criminal the sharing of information. We must all dum of Understanding is signed . In procedure, the Attorney General 's continue to identify areas where infor• order to facilitate exchange of informa• guidelines, or other agencies ' dis• mation can be shared and then estab• tion, security clearances are often given semination restrictions. lish the necessary channels to ensure to State and local officers. In terrorism As the lead Federal agency in ter• that it is. [F~~ investigations where the FBI has con• rorism investigations, the FBI has a re• current jurisdiction with local law en• sponsibility to ensure that local law forcement agencies , the FBI estab• enforcement officers are receiving per• lishes direct liaison channels with the tinent information regarding terrorist ac• tivities in the United States. Special

4 / FBI Law Enforcement Bulletin ______Domestic Terrorism in the 1980's

"Symbols, such as double lightning bolts and swastikas, which were used by Hitler's Nazi regime, are often worn by members of the Aryan Nations and other right­wing neo­Nazi extremist groups."

The United Freedom Front ... the dividuals responsible for the post-1980 By Armed Forces of the National Libera• terrorism were not directly responsible JOHN W. HARRIS, JR., M.A. tion ... the Armed Resistance Unit ... for the violence of the 1960's and ' t 'th th ' Intelligence Research Specialist the EPB-Macheteros. These are some 1970 s, many can race el er elr. . , b .. th . . d' 'd TerrOrist Research and Analytical Center of the names that have become synon• group s eglnnln~s or elr own In IVI . • Federal Bureau of Investigation ymous with terrorist activity in the uallnvolvement In a movement to thiS W h ' t DC u~~ United States and Puerto Rico during peno' d. the 1980's. These groups are domestic; they are not funded, directed , con• Perspectives trolled , or supported by foreign sources. At the beginning of the 1980's They, and other groups of similar phi• there was a certain attitude among law losophies and ideologies, are respon• enforcement about the threat of terror• sible for more than 125 terrorist inci• ism in the United States . This was dents and numerous other terrorist• based upon the most recent activity, or related acts since 1980. Bombings, lack of activity, by the various domestic armed robberies, murders, and arsons terrorist factions. are some of the criminal acts that have The early-to-mid-1970's were been attributed to them. marked by the bombing attacks by such The 1980's followed 2 turbulent leftist groups as the Weathermen or decades when domestic terrorist and Weather Underground Organization extremist political activity in the United and the New World Liberation Front. By States reached levels not previously re• the end of the decade, however, these corded in American history. The 1960's, activities had become sporadic at best for example, were dominated by vio• (six terrorist incidents in 1978, one in lence generated by racial hatred, cam• 1979, and none in 1980). Most of those pus unrest, and urban disorders. The responsible for the terrorism from these 1970's were dominated by antiwar and elements were either in custody or they anti-imperialist attitudes which resulted had disappeared and their locations in a wave of terrorist bombings. Many of and activities were unknown. Once re• the issues and values that impacted on garded as a most serious domestic se• these times changed little and once curity threat, the "white left, " because again have become factors in the of a lack of identifiable terrorist activity, 1980's. Although the majority of the in•

______October 1987 I 5 was considered to have all but ceased males and females, who acted in sup• to exist as a problem by 1980. This port roles. The suspects fled the scene same opinion was held of black and in a van but abandoned it nearby for a right-wing elements, neither of which U-Haul truck. Other suspects accom• was known to have been actively en• panied the robbers in a tan Honda auto• gaged in terrorist activities during the mobile. latter part of the 1970's and into 1980. Police stopped the truck near the In contrast, violence-prone, pro• entrance to the New York State Thru• independence elements of the Puerto way in Nyack, NY, to question the Rican independence movement were driver. Several black males jumped considered the most viable domestic from the back of the truck firing auto• Mr. Harris security threat at the beginning of the matic weapons ; two pOlice officers were 1980's. Approximately 100 terrorist inci• killed and another was wounded. One dents were attributed to Puerto Rican suspect who had been in the cab of the elements in the United States and U-Haul, a white female, was arrested at Puerto Rico between 1977 and 1979, the scene. Other suspects escaped on and there were 12 such incidents in foot or in commandeered vehicles. 1980. Also considered a threat, but less The Honda and another car sped so than the Puerto Ricans, were the away from the shooting scene and were Jewish terrorists, who were responsible pursued by police. During the chase, for 16 terrorist incidents in 1978 and the Honda crashed and its occupants, a one in 1979. black male, a white male, and a white But appearances are not always as female, were arrested. The other car they seem . The fact is that all factions• was later found abandoned. right and left, black and white-were The individuals arrested on Octo• very much active during the late 1970's ber 20th were identified as Kathy and into the 1980's, even though not all Boudin (at Nyack), and Judith Clark, were involved in identifiable terrorist ac• David Gilbert, and Samuel Brown (in tivities such as bombings. Left-wing the Honda). Another suspect, Samuel elements, for example, had begun to Smith, was killed in a gun battle with reorganize. Sometimes black and white New York City Police Department of• extremists worked together committing ficers 3 days later, and a second sus• robberies. In addition, some right-wing pect, Nathaniel Burns, was arrested. groups that became of interest to law Several safehouses in the New York enforcement during the 1980's were City metropolitan area were searched organized during the late 1970's. as a result of leads generated by these It was not until late 1981 , however, arrests. Weapons, bombing compo• that law enforcement began to refocus nents, radical literature, and other items its thinking in domestic terrorism be• were recovered at some of these. Oth• cause of one event. On October 20, ers were implicated in the robbery, in• 1981 , a Brinks Armored Car Service cluding Mutulu Shakur, Marilyn Jean truck was robbed of more than $1 .5 mil• Buck, Donald Weems, Sylvia Baraldini, lion at a bank in Nanuet, NY. A Brinks and Susan Rosenberg, among others. guard was killed and another wounded This event changed many opinions during the robbery. Participants in this in the law enforcement community to• crime included black males, who actu• ward leftist terrorist activity. It showed ally committed the robbery, and white that many of the radicals from the

6 I FBI Law Enforcement Bu lletin ______"Violence prone pro­independence elements of the Puerto Rican independence movement were considered the most viable domestic security threat at the beginning of the 1980's .... "

1970's, who had disappeared and were who often view themselves as urban attempted mu rders of two Massachu• thought to no longer be involved in the guerrillas , have instituted an armed setts State policemen in February " movement" were, in fact , still very campaign against the state. These phi• 1982. The group also reportedly com• much active. It also showed that black losophies are little different from those mitted armed bank robberies from Con• and white elements were cooperating. espoused by the leftist groups of the necticut to Virginia to sustain them• Members or associates of earlier 1960's and 1970's. selves . They lived under a variety of groups, such as the Weather Under• These radicals have chosen sym• false identities and usually resided in ground, the Black Liberation Army, and bolic targets for their attacks-military rural areas, moving regularly. Prior to a the Black Panther Party, and contem• facilities, corporate establishments, the criminal act-a bombing or a robbery• porary groups, such as the May 19th U.S. Capitol Building. Through commu• group members conducted lengthy and Communist Organization and the Re• niques, New Left groups have claimed extensive surveillances of the target public of New Afrika, were associated credit for attacks, as well as provided and surrounding areas. There are no in• with the events of October 20 , 1981 . reasons for them , thus delivering a dications that the UFF was connected Many of the individuals associated with message to the American people: Op• to other leftist terrorist or extremist the Brinks robbery were also connected position to South African apartheid pol• groups, except through ideology. to other armed robberies in the New icies and to American corporate and Following intense investigation, York City metropolitan area and else• governmental support of that regime, five of the UFF members were located where. opposition to American military pres• and arrested in the Cleveland, OH , area ence in Latin America, opposition to during November 1984. The remaining White Leftists American corporate exploitation in two members were arrested in Norfolk, During the 1980's, white leftist ter• Southern Africa and other parts of the VA, during April 1985. Automatic shoul• rorism again became a factor after sev• world , etc. There is little difference be• der weapons, handguns, bombing com• eral years of relative inactivity. Since tween these demands and those of the ponents, and communiques were found 1981 , leftist terrorists have been re• 1970's. The reasons for the attacks in the group's safehouses. Trials have sponsible for 21 bombings or attempted have basically remained the same; only been held in New York and Massachu• bombings. The most active period was the names and places have changed. setts and convictions have been during 1983 and 1984 when white left• The New Left terrorist organization handed down. Other trials are antici• ists claimed 16 of the 26 terrorist acts most active during the 1980's was the pated in the future . committed in the United States. United Freedom Front (UFF). This In addition to the UFF, other New The radical left bases much of its group, which was organized in early Left groups were actively engaged in philosophy on the teachings of such 1981 , claimed responsibility for 10 bombings between January 1983, and historical revolutionaries as Karl Marx, bombings and 1 attempted bombing February 1985. These included the Red Lenin , and Chairman Mao. They per• between December 1982, and Septem• Guerrilla Resistance (four bombings), ceive that many ills exist in the United ber 1984. The UFF was comprised of the Armed Resistance Unit (three States, both socially and politically, four white males and three white bombings). and the Revoluti onary which they blame on the U.S. Govern• females. A black male was also a mem• Fighting Group (one bombing ). Al• ment. They also view the Government ber of the group, prior to the onset of its though the identities of all group mem• as being capitalistic, militaristic, and im• bombing campaign . All of the UFF bers are not known, all three groups perialistic. members had ties to radical move• may be one and the same. The solution , according to the radi• ments of the 1960's and 1970's. Sev• Several other New Left organiza• cals, is to destroy the cause of these eral members were also engaged in tions active during the 1980's are the problems-the system-by any means armed attacks against the system dur• Prairie Fire Organizing Committee possible. A violent popular uprising, a ing the 1970's. (PFOC) and the May 19th Communist revolution, must occur. They realize, In addition to the bombings, UFF Organization (M19CO). The history of however, that they cannot accomplish members were implicated in and/or these groups dates back into the 1970's this alone. The New Left Movement ad• convicted of other criminal acts, includ• to the Weather Underground Organiza• vocates violent revolution, as opposed ing the murder of a New Jersey State tion (WUO) , which broke apart in 1976 to nonviolent change by working within policeman in December 1981 , and the because of internal dissension. Some the system. To this end, the radicals , former WUO members wanted to con-

______October 1987 I 7 "The most violent far right group active during the 1980's has been the Order, an offshoot of the Aryan Nations."

tinue the struggle alone and adopted target list and surveillance notes for 1980, planning an armored truck rob• the PFOC name, which had been the possible bombings. bery. An FALN leader, Oscar Lopez, name of an aboveground WUO support Neither the M19CO nor the PFOC was arrested in Glenview, IL, during organization. These individuals resided has claimed credit for a terrorist act. May 1981 . He was subsequently con• prinCipally on the west coast. Other for• During the 1980's, members of these victed of seditious conspiracy, armed mer WUO members wanted to interact groups have participated in legal politi• robbery, and weapons violations. Four with other radical elements in the strug• cal activities, such as attending rallies other FALN members were arrested gle and adopted the M19CO name. and demonstrations and supporting during June 1983, in connection with a These individuals were generally lo• captured leftist terrorists. plan to free Oscar Lopez from jail. Fol• cated on the east coast. Neither group lowing these arrests , several FALN was more radical than the other, as Puerto Rican Leftists safehouses were located and both were still deeply committed to the The actions of Puerto Rican terror• searched. Dynamite, weapons, bomb• cause. Each had aboveground mem• ists revolve around attempts to gain in• ing materials , and bulletproof vests bers whose activities generally were dependence for Puerto Rico through vi• were seized . A second plot to free nonviolent, and underground members olence. They consider their activities to Lopez during 1985 was interdicted and whose identities and activities were not be acts of war, and when captured, they resu lted in indictments of several per• known to law enforcement. Other for• consider themselves to be prisoners of sons, including Donna Jean Willmott mer Weathermen, including Bernardine war. and Claude Marks, who are Top Ten Dohrn, Kathy Wilkerson, and Bill Ayers, The wave of attacks by Puerto Ri• fugitives. resurfaced to face charges. can groups during the 1970's has car• Another Puerto Rican organization At the beginning of the 1980's, nei• ried over into the 1980's. Since 1980, that has been active in the United ther the M19CO nor PFOC were known Puerto Rican terrorists in the United States during the 1980's is the National to be involved in criminal activities, but States and Puerto Rico have been re• Liberation Movement, or MLN . This is it soon became apparent that some sponsible for more than 70 terrorist inci• an aboveground support group for the reputed members were involved in dents. Included in these are bombings, FALN . MLN members have been in• criminal conduct. Susan Rosenberg, for assassinations, armed robberies, and volved in legitimate political activities, example, was a participant in the Octo• rocket attacks. Targets have been mili• such as staging and attending pro-inde• ber20, 1981 , Brinks robbe~ , during tary facilities and personnel (especially pendence Puerto Rican rallies and which she and her associates acted in a in Puerto Rico) , U.S. Government facili• demonstrations and showing support support role. A fugitive, she and ties, and corporate interests. Seven• for jailed FALN members. They have M19CO member Timothy Blunk were teen of these attacks occurred in the not been involved in known terrorist re• arrested in New Jersey during Novem• continental United States. lated activities. ber 1984, in possession of weapons The Puerto Rican group most ac• Terrorist groups in Puerto Rico, in and explosives. Although the explo• tive in the continental United States contrast, have been far more active sives were linked to dynamite used by a during the 1980's has been the Armed committing violent acts than have those Puerto Rican group in bombings during Forces of the National Liberation , or in the continental United States. Be• December 1982, an exact connection FALN. Since 1974, this group has been tween 1968 and 1978, for example, between the two factions has not been responsible for more than 100 terrorist slightly more than 200 attacks occurred determined . Blunk and Rosenberg attacks in the United States; however, in Puerto Rico. Since 1980, 56 of the were convicted on charges of violating the group has claimed only 10 bomb• more than 70 terrorist acts committed Federal weapons statutes during May ings since 1980. All of these occurred in by Puerto Rican groups occurred in 1985. 1982, when the last FALN-claimed acts Puerto Rico, approximately 75 percent Also during May 1985, M19CO as• occurred. The FALN was also respon• of the total number of Puerto Rican ter• sociates Marilyn Buck, Linda Evans , sible for takeovers at campaign offices rorist incidents since 1980. and Laura Whitehorn were arrested in of former President Jimmy Carter and Of these 56 terrorist acts com• New York City and Baltimore, MD. Ma• Vice President George Bush during mitted in Puerto Rico since 1980, nearly terials seized at a safe house in Bal• March 1980. 40 have been credited to two groups• timore included bombing components, Eleven FALN members were ar• the EPB-Macheteros and the Organiza• weapons, false identifications, and a rested in Evanston , IL, during April tion of Volunteers for the Puerto Rican

8 / FBI Law Enforcement Bulletin ______Revolution (OVRP). Both of these years later, during August 1985, 17 per• during December 1984, this group is groups emerged during 1978, when sons were indicted for their role in the currently considered the most signifi• they claimed joint credit for a theft of ex• robbery. All were leaders or members cant terrorist threat in Puerto Rico . plosives from a public works ware• of the Macheteros or they were associ• house in Puerto Rico. ated with the group in some other way. Black Groups Most of the attacks attributed to the On August 30 , 1985, 14 of those in• There have been three terrorist in• Macheteros and the OVRP were con• dicted were arrested in Puerto Rico, cidents attributed to domestic black ducted alone; however, several acts Mexico, Massachusetts, and Texas ; 18 groups in the United States during the were committed together or with other Macheteros safe houses in Puerto Rico 1980's. All of these 1983 acts were the groups. A majority of the attacks were were also raided and 37 searches were result of a religious rivalry. In addition , bombings or attempted bombings ; oth• conducted of houses, automobiles, etc. as least one other terrorist incident was ers included shootings, robberies, and Numerous documents, weapons, and prevented by arrests in 1984, and a two light antitank weapon (LAW rocket) bombing paraphernalia were found . possible terrorist plot was prevented attacks. While Puerto Rican interests Until the August arrests, the EPB• during August 1986. Some black have been targeted in most of these in• Macheteros was considered the most groups, however, have been involved in cidents, U.S. Government facilities and significant terrorist threat in Puerto criminal activities, such as murder and military facilities and personnel have Rico . The group's ability to operate was armed robbery. been attacked with greater frequency severely disrupted because of the ar• The three terrorist incidents were since 1983. rests , but it was not completely broken . attributed to the group Fuqra, a black Possibly the most spectacular at• The group has been credited with eight Islamic religious sect headquartered in tack to occur in Puerto Rico during the terrorist attacks in 1986. All but one was Detroit, MI. In order to further its re• 1980's took place on January 12, 1981 . jOintly claimed with the OVRP and the ligious goals, Fuqra seeks to purify Is• The EPB- Macheteros destroyed nine Armed Forces of National Revolution lam by eliminating rival religious sects, A-7D Corsair Attack jet fighters at the (FARP) ; however, the Macheteros' such as the Ahmaddiya Movement in Puerto Rican Air National Guard base name may have been included in these Islam (AMI ). During August 1983, sev• in San Juan. Damage was estimated at as a statement of solidarity. These at• eral terrorist acts occurred against the approximately $50 mil lion . The Ma• tacks occurred on October 28 , 1986, at AMI in Detroit: The AMI secretary was cheteros claimed credit for the attack in various military installations and facili • killed ; firebombs were thrown at the a communique, and they sent a video ties throughout Puerto Rico. Two home of the AMI treasurer but the tape, showing members constructing bombs detonated and three other live bombs did not ignite; and an AMI tem• the explosive devices, to a local televi• devices were rendered safe. Five addi• ple was burned. Fuqra was implicated sion station . tional devices had functioned but did in these attacks because the bodies of Two other attacks by the Ma• not detonate, due to inadequate main the arsonists, Fuqra members, were cheteros used a light antitank weapon . charges . The Macheteros initially found at the temple. They had become During October 1983, the group claimed credit for the attacks in a tele• trapped setting the blaze and died . The claimed credit for an attack against the phone call and provided instructions to gun used to kill the AMI secretary was Federal building in Puerto Rico, in sup• locate a communique which attributed found on one of the bodies. port of the people of Grenada. Du ring the attacks to the FARP/OVRP/Ma• In addition, a possible terrorist plot January 1985, the Macheteros and the cheteros. On November 4, 1986, the involving a black street gang was pre• OVRP claimed jOint credit for a similar Macheteros also provided authorities vented in August 1986, when several attack against the U.S . courthouse in with the location of a device that was members of the street gang , the EI Old San Juan . found and rendered safe. Rukns , were arrested in Chicago . During September 1983, a $7.2 Because the OVRP jointly claimed Group members had in their posses• million robbery occurred at the Wells credit for the October 28th attacks, for sion numerous weapons, including an Fargo terminal in West Hartford, CT. An two other attacks in 1986, for two at• inert light antitank weapon that had employee at the terminal , Victor tacks in 1985 (one jointly claimed with been sold to them during an undercover Gerena, eluded capture and reportedly the Macheteros), and for five attacks operation. This group, which has loose was granted asylum in Cuba. Gerena is ties to black Islam, is a violent criminal currently a Top Ten fugitive. Nearly 2 organization involved in narcotics traf•

------______October 1987 / 9 "Another far right­wing faction of interest to law enforcement during the 1980's are the tax protest and antigovernment groups."

ficking and other illegal enterprises. violence. There have been no terrorist during the 1980's. Although belief in the Some group members allegedly have acts claimed by the RNA. white supremacist and antigovernment met with operatives of the Libyan Gov• A militant group with views similar views of the far right is not illegal, the ernment. The EI Rukns apparently were to those of the RNA is the New Afrikan commission of violent acts to further seeking to commit a terrorist act in re• Freedom Fighters. During October these views is criminal. These acts turn for money. No act, however, has 1984, nine persons associated with this have included bombings, armed rob• yet occurred. group were arrested in New York City. beries, assaults, and murder. Much of Black religious CUlt-type groups, They had been planning to blow up po• the rhetoric of the extreme right is par• such as the Yahweh Church or Black lice cars and then kill police officers as ticularly volatile and corrosive and is a Hebrews, have also been active in they ran out of a nearby police station. motivating factor in this violence. criminal activity during the 1980's. The This was to be a diversion to effect the Unlike leftist terrorists, the terror• Yahweh Church is a national organiza• escape of Nathaniel Burns, a partici• ists of the far right do not leave commu• tion headquartered in Miami, FL. Its pant in the October 1981 , Brinks rob• niques to claim credit or provide expla• leader is Hulon Mitchell, Jr., also known bery. Searches of their safehouses nations. Therefore, an act that initially as "God" and "Moses Israel." This is a yielded weapons, ammunition, and ex• appears to be criminal may, in fact, be violent, black supremacist organization plosives. During August 1985, eight of terrorist related. Although numerous vi• that claims that whites are devils and the nine were convicted of various fire• olent acts have been committed by right that a race war will occur in the near fu• arms violations and other charges. extremists, the total number of terrorist ture. The group advocates the violent Another militant faction with views incidents directly attributed to this fac• elimination of all forms of government in similar to the RNA is the New Afrikan tion has been few-two shootings the United States, as well as white so• People's Organization (NAPO). The (1981 and 1983) and four bombings ciety. Mitchell has stated that all who stated objective of this group is to win and an attempted bombing (1986) . speak out or act against the church independence for New Afrika and es• A basic belief of many right-wing should be beheaded. tablish a socialist republic. This, ac• extremists is the superiority of the white Much of the activity of the group is cording to the organization, can be ac• race. According to this view, blacks, directed toward fundraising, distributing complished through a people's war. other nonwhites, and Jews are inferior propaganda, etc. Some members, Several RNA leaders and key members racially, mentally, physically, and spir• however, have reportedly been in• are NAPO national leaders. itually. Much of this is based upon a ra• volved in murders, beatings, and arson Some members and/or associates cist, anti-Semitic religion , the Christian attacks . Arrests have been made in of black leftist groups were involved in Identity Movement. This religion connection with some of these crimes. the October 1981 , Brinks robbery. Mar• teaches that the white race is God's In contrast are other black groups ilyn Jean Buck, for example, the only chosen race and that whites, not Jews, which are politically oriented, such as white Black Liberation Army member, are the true descendants of Israel. the Republic of New.Afrika (RNA). The was a participant. Chokwe Lumumba, Jews, instead, are of Satan's blood• RNA calls for the creation of an inde• the RNA minister of justice, has been line. According to Identity doctrine, the pendent black nation out of Alabama, the defense attorney for several de• Bible is a history and guidebook of the Georgia, Louisiana, Mississippi, and fendants in the Brinks robbery case. white race that began with Adam. The South Carolina. The group itself is set Jeral Wayne Williams, also known as appearance of the white race on earth up as a shadow government with a Mutulu Shakur, who reportedly directed (some 7,400 years ago) postdated president, a vice president, a minister of the robbery, was an RNA member. An black, Asiatic, and all other races. defense, a minister of justice, etc. An• FBI Top Ten fugitive, Shakur was cap• One of the leaders of this philoso• other RNA goal is that the U.S. Govern• tured during February 1986. Another phy is the Rev. Richard Butler of the ment pay all black citizens $10,000 for RNA member, Cheri Dalton, is currently Aryan Nations, Church of Jesus Christ their ancestors' slave labor. The RNA a fugitive wanted in connection with the Christian, which is headquartered near publicly espouses the peaceful attain• October 1981, robbery. Hayden Lake, ID . His sermons, Identity ment of these goals; however, RNA propaganda, and other white hate and leaders also publicly advocate support Right Wing neo-Nazi literature and materials are of revolutionary groups which preach Right-wing terrorism has become an area of focus for law enforcement

10 I FBI Law Enforcement Bulletin ______distributed nationally from Hayden Lake Order, an offshoot of the Aryan Nations. Sword, the Arm of the Lord (CSA) . Be• by members of the group. Aryan Na• Another name for the group is Bruders ginning in 1980, some CSA members tions members maintain contacts with Schweigen or Silent Brotherhood. This were involved in bombings, arsons, other far right groups. Symbols, such as group was founded by Robert robberies , and the murder of a black double lightning bolts and swastikas , Mathews, who was an Aryan Nations Arkansas State policeman . During April which were used by Hitler's Nazi re• member. Order members were also 1985, the CSA compound was raided gime, are often worn by members of the members of other right-wing organiza• by Federal authorities. Military surplus Aryan Nations and other right-wing tions and had become disenchanted equipment, shoulder weapons, a heavy neo-Nazi extremist groups. with their respective groups' lack of ac• machine gun, money, handguns, and Many followers of the Identity re• tion to further the cause. Among the grenades and other explosives were ligion live on compounds in isolated groups represented in the Order were found in a search of the compound. A areas. Bible readings are conducted the National Alliance; various chapters total of five persons were arrested, in• and religious instructions are held. Par• of the Ku Klux Klan ; and the Covenant, cluding four Order members, two of amilitary and survivalist training also the Sword , the Arm of the Lord. whom were fugitives, and CSA leader occurs , however , and weapons and The Order was loosely based on a James Ellison. Other CSA members foodstuffs are often stored in prepara• book, The Turner Diaries, written by Na• were arrested at a later time. Of the tion for the racial and social upheavals tional Alliance leader William Pierce un• CSA and Order members arrested, all that, according to Identity doctrine, will der the pseudonym Andrew Mac• either pled guilty to charges or were precede the Second Coming of Christ. donald. It is a futuristic account of racial convicted in Federal or State courts. As Some of the groups that are located on warfare in the United States . In the a result, the threat posed by these two compounds include the Aryan Nations book, an elite and clandestine force, the groups has significantly decreased. in Idaho; the Covenant, the Sword, the Order, spearheads efforts to destroy Another far right-wing faction of in• Arm of the Lord in Arkansas ; and the U.S. Government to replace it with terest to law enforcement during the Elohim City in Oklahoma. Another one based on white supremacy. 1980's are the tax protest and anti• group, the National Alliance, a less re• Members of the Order have been government groups. Organizations ligious-oriented organization than the involved in numerous criminal activities such as the Sheriff's Posse Comitatus others, is also located on a compound since 1983, mostly in the northwestern (SPC) and Arizona Patriots view Fed• in West Virginia. A several­day Aryan United States. Included among these eral and/or State authority with suspi• Nations Congress has been held at the acts are counterfeiting ; armed robber• cion. They espouse parochial as op• Aryan Nations compound for all but one ies with proceeds totaling more than $4 posed to national interests, and they of the past several years. It is attended million ; assaults on Federal officers; desire that there be as little government by members of a number of far right bombings, including those against a involvement as possible in their lives. groups. Jewish synagogue and a Catholic They advocate nonpayment of taxes In addition to racist views , many priest; and the murders of a suspected and regard Federal and State laws as right-wing groups also espouse anti• informant, a Missouri State patrol of• unconstitutional. The SPC, for exam• government sentiments. They refer to ficer, and a Denver, CO, talk show host. ple, views the local sheriff as the only the Government as the Zionist Occupa• Between October 1984, and March legitimate law enforcement authority tion Government or ZOG because they 1986, 38 members of the Order were and the only legal elected authority, and view it as being controlled by Jewish in• arrested. On December 7, 1984, Robert it regards the justice of the peace as the terests. Members of these groups en• Mathews was killed on Whidbey Island, highest court in the country. gage in paramilitary and survivalist WA, resisting arrest. Shoulder The SPC, however, is the only tax training , believing that the United weapons, handguns, hand grenades protest group to which a terrorist inci• States is headed toward a moral or and other explosives, money, ammuni• dent has been attributed. This occurred economic collapse or a communist tion, and possible target lists were re• during February 1983, in North Dakota takeover. covered at various safehouses and when SPC members fired upon au• The most violent far right group ac• other locations. thorities attempting to arrest Gordon tive during the 1980's has been the Another group that was involved in Kahl, an SPC leader, for tax evasion. A criminal activity is the Covenant, the U.S. marshal and a deputy U.S. mar-

------______October 1987 11 "During the 1980's, approximately 20 terrorist incidents and nu- merous other acts of violence, including extortion and threats, have either been claimed by or attributed to militant Jewish terrorists. "

shal were killed . Kahl himself was killed active during the 1980's include the WPP was dissolved but some members during June 1983, by authorities trying White Patriot Party, the National Al• reformed it as the Southern National to arrest him in Arkansas . A county liance, the National Socialist White Front. sheriff was also killed at this time. Other People's Party, the Christian Patriots A number of arrests involving right• SPC members have been arrested for Defense League, the Ku Klux Klan, and wing extremists occurred in the spring weapons violations and assault. This others. These groups hold many of the of 1987. During April , Federal indict• group, which has autonomous chapters same racist and antigovernment values ments were returned against Richard or adherents throughout the country, as the Posse Comitatus groups and the Butler of the Aryan Nations, Robert continues to be a threat because of its Aryan Nations, including the desire to Miles of the Mountain Church of Michi• penchant for violence. create a separate nation out of five gan, and 13 others, representing such A favorite target of these anti• Northwestern States . They are en• organizations as the Order, the SPC, government groups is the Internal Rev• gaged largely in demonstrating and dis• various factions of the Ku Klux Klan , enue Service (IRS). The leader and tributing propaganda and they partici• and the CSA. Among the charges in the several members of the group Commit• pate in paramilitary and survivalist indictments were seditious conspiracy, tee of States were arrested during Oc• training. Members, however, have been interstate transportation of stolen tober 1986, in Arizona, California, and known to engage in destroying property money, and attempted murder of a Fed• Nevada by IRS agents for threats made and making threats against blacks , eral official. Seven of the individuals against IRS personnel. On December Jews, and others they regard as in• listed in the indictments were already in 15, 1986, eight members/associates of ferior. The leader of the North Carolina• prison on other charges ; seven others, the Arizona Patriots , including its based White Patriot Party, Frazier including Butler and Miles, were ar• leader, were arrested in connection Glenn Miller, Jr., and his second-in• rested on April 24, 1987; and one other with a proposed armored truck robbery command were convicted of criminal individual , Louis Beam , remains at and other offenses. contempt charges in July 1986, for en• large, a Top Ten fugitive. Other white supremacist groups gaging in paramilitary training. The In addition to these arrests , on Terrorists on the FBI's Top Ten

Donna Willmott Victor Gerena

12 I FBI Law Enforcement Bulletin ______April 15, 1987, Glenn Miller, formerly of the performance of a Soviet dance there were two instances of multiple the WPP , mailed copies of a letter that troupe in New York City in September bombings that accounted for 11 of the he had written to other right-wing extre• 1986, and an arson at Avery Fisher Hall 17 total incidents. mists. In this letter, he declared war on in New York City prior to a performance Much of this decreased domestic ZOG and stated that he had gone un• by a Soviet symphony orchestra in Oc• terrorist activity is the result of arrests derground. On April 30, 1987, Miller tober 1986. Most of the attacks by the made by Federal authorities, often co• and three others were arrested in Jewish terrorists have occurred in the ordinated with State and local officials Ozark, MO; Miller was charged with vio• New York City metropolitan area ; through joint terrorism task forces. lating terms of his parole . Among the however, attacks have also occurred in Nearly 100 fugitive terrorists, including materials recovered were weapons, in• California , Washington , DC , and several FBI Top Ten fugitives, have cluding rifles , shotguns , and cross• elsewhere. been apprehended during the 1980's; bows ; pipebombs ; homemade military• A major pro-Jewish group in the many have received lengthy prison type hand grenades; ammunition ; gas United States is the Jewish Defense sentences. This success has greatly di• masks; money; and bombing parapher• League (JDL) . The slogan " Never minished the operations of some terror• nalia. Again " is the slogan of the JDL. This is ist organizations . In at least one in• a national organization with chapters in stance, the entire group was arrested Jewish Extremists numerous American cities. Leaders of (the United Freedom Front) . In other in• During the 1980's, approximately the organization have publicly advo• stances, the leadership structure and/or 20 terrorist incidents and numerous cated, encouraged , and applauded the membership of a group was removed ; other acts of violence, including extor• use of violence against the enemies of many groups have had to reconstruct tion and threats , have either been the Jewish people. Although terrorist at• membership or leadership elements as claimed by or attributed to militant Jew• tacks have been claimed on behalf of a result. ish terrorists. Groups claiming credit for the JDL, the violence appears to have The groups that commit terrorism, these attacks have been the United been committed by a few of the more however, are far from being eliminated. Jewish Underground, the Jewish De• militant and hardcore members; the en• Many support elements exist which, if fense League, the Jewish Defenders, tire JDL organization should not be con• given the proper circumstances, could and the Jewish Direct Action . Included strued as being involved in these crimi• become more deeply committed to their in these attacks were smoke bombings, nal acts. cause . Certainly, the issues that have fire bombings, and pipe bombings. As a generated terrorist activity remain . So result of these acts, three persons were Conclusion long as these issues exist, terrorism, in killed and many more were injured. During the 1980's, there have been the form of violent criminal acts to Persons, organizations, or other approximately 125 terrorist acts at• achieve these goals, will remain. The elements deemed anti-Semitic, or tributed to domestic groups in the desire for Puerto Rican independence overly supportive of Arab efforts deter• United States; of these, more than 50 will surely generate future criminal acts mined not to be in the interests of Israel, occurred in Puerto Rico . Most of the ac• by a fanatical few ; the values of the left are targets of the Jewish terrorists. In tivity took place early in the decade. For will largely continue unaltered, although the past, Soviet Government interests example, 74 terrorist incidents occurred specific issues may change ; and the in the United States have been at• between 1980 and 1982 but only 51 white supremacist attitudes of the far tacked in protest of the U.S.S.R.'s treat• have taken place since. Puerto Rican right will not likely fade. ment of Soviet Jews, Arab interests groups accounted for 41 incidents dur• Terrorism is cyclic in nature. Ac• have been attacked because of the ing 1981 and 1982 but only 20 thereaf• tivities occur because of certain issues; anti-Israeli policies of various Arab ter. White leftist groups accounted for when the issues fade or the terrorists states, and alleged ex-Nazi's have 16 of their 21 incidents during 1983 and are arrested, the activities will generally been attacked because of their re• 1984 but none since. Between 1982 subside. But different issues will arise ported participation in atrocities against and 1985, the total number of incidents and different terrorists will come forth to the Jewish people during World War II. by domestic groups decreased from 35 commit new acts. And so the cycle con• The two most recent incidents at • to 7. During 1986 this figure rose to 17; tinues. IF~~ tributed to Jewish terrorists involved the however, it can be explained in that throwing of a tear gas canister during

______October 1987 1 13 The FBI and Terrorism

"Terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives. "

By STEVEN L. POMERANTZ Chief, Terrorism Section Federal Bureau of Investigation Washington, DC

The American criminal justice sys• At the Federal level of government, ority to the major areas which affect tem, like the American political system the FBI serves as the investigative arm U.S. society on a nationwide scale: Or• as a whole, is organized according to of the U.S. Department of Justice. Pres• ganized crime (including drug traffick• the principle of Federalism . In the ently, the FBI derives jurisdiction from ing) , foreign counterintelligence, white• United States , law enforcement au• more than 200 Federal statutes, col• collar crime, and terrorism. The FBI 's thority is divided between the Federal lects evidence in cases in which the Terrorism Program was elevated to a and State governments. States, in turn, U.S. Government has an interest, and national priority status in October 1982, have delegated considerable authority performs other duties as imposed by to ensure that sufficient resources are to local governments. In order to ensure law or Presidential directive. dedicated to countering the threat of the American tradition of local self• Information developed through FBI terrorist violence. This move reflects reliance, jurisdictional boundaries be• investigations is presented to the ap• the seriousness with which the Ameri• tween Federal, State, and local law en• propriate U.S. attorney or Department can people view the problem of terror• forcement agencies are defined by of Justice official who determines if ism. various statutes. In the event of concur• prosecution or other action is war• rent or joint jurisdiction, cooperation be• ranted . In cases of concurrent jurisdic• Definitions tween Federal and local agencies is es• tion where Federal prosecution is de• The FBI uses the following defini• tablished. This spirit of cooperation clined in favor of trial in State courts, the tions in the administration and opera• between all U.S. law enforcement FBI makes available to the proper local tion of the Terrorism Program. Terror- agencies has proven to be a most authorities all evidence it possesses. ism is the unlawful use of force or effective weapon against crime. The FBI has assigned national pri• violence against persons or property to

14 I FBI Law Enforcement Bulletin ------• intimidate or coerce a government, the Recent Legislation civilian population, or any segment In response to the recently increas• thereof, in furtherance of political or so• ing threat posed by terrorists against cial objectives. Americans and their interests abroad, The FBI describes terrorism as the U.S. Congress has passed legisla• either domestic or international, de• tion defining certain criminal acts com• pending on the origin, base, or activities mitted overseas as violations of Federal of the terrorist organization. Domestic law. This legislation, which is included Terrorism involves groups or individuals in the Comprehensive Crime Control who are based and operate entirely Act of 1984 and the Omnibus Diplo• within the United States and are di• matic Security and Antiterrorism Act of Special Agent Pomerantz rected at elements of our Government 1986, assists the U.S. Government's or population. International Terrorism is counterterrorist efforts by establishing described as terrorist activity committed Federal jurisdiction over crimes involv• by groups or individuals who are for• ing U.S. nationals which take place out• eign-based and/or directed by countries side the United States. These acts are or groups outside the United States or based on international law and will be whose activities transcend national invoked for serious crimes against U.S. boundaries. A Terrorist Incident is a vi• persons or interests occurring abroad. olent act or an act dangerous to human Congress has also implemented the In• life in violation of the criminal laws of ternational Convention Against the Tak• the United States or any State to intimi• ing of Hostages. The convention re• date or coerce a government, the civil• quires that hostage taking be made a ian population, or any segment thereof, Federal offense. With certain limita• in furtherance of political or social ob• tions, the FBI will now have jurisdiction jectives. over hostage-taking situations both within the United States and in other Jurisdiction nations when the United States is an in• The U.S. Government's response volved party. With host country concur• to terrorism is divided along domestic rence, the FBI may collect evidence in and international lines of authority. The these international incidents for even• U.S. Department of State is the lead tual prosecution in a U.S. court. agency for handling terrorist incidents affecting U.S. citizens which occur out• The Attorney General's Guidelines side the United States. Within the FBI terrorism investigations are United States, responsibility for man• premised upon the fundamental duty of aging the Federal response to acts of Government to protect the public terrorism rests with the Attorney Gen• against terrorism and criminal violence eral. As the chief law enforcement of• intended to destroy our constitutional ficer of the Federal Government, the At• system. While it is the responsibility of torney General coordinates all Federal the Attorney General to ensure that law enforcement activity. He has desig• every effort is made to protect U.S. nated the FBI as the lead agency for the citizens and property, it is also his re• operational response to terrorist inci• sponsibility to protect the rights of all in• dents. The FBI 's authority has been dividuals in the United States. To ac• confirmed through National Security di• complish this , the Attorney General rectives and Executive orders issued by issues investigative guidelines. These the President. guidelines, which are subject to con• tinual review and revision, establish a

------______October 1987 I 15

- -~- -- "To provide the President and the Attorney General with a civilian law enforcement alternative to the use of military force, the FBI has developed the Hostage Rescue Team.... " consistent policy concerning when an United States, the FBI has the dual mis• employed are described in the Attorney investigation may be initiated and what sion of both preventing and reacting to General's guidelines and are regulated techniques may be employed while terrorist violence. The FBI's efforts to through executive, legislative, and judi• conducting the investigation. In recog• prevent terrorism involve collecting in• cial oversight. All investigations are nition of differences between various formation , through legal methods, on monitored for compliance with the groups, separate guidelines have been terrorist groups which pose a threat to Attorney General 's guidelines by the developed for investigation of domestic the United States. Once sufficient evi • Terrorism Section of the Criminal lnves• and international terrorist organiza• dence of violations of the law is col• tigative Division located at FBI Head• tions. lected , the terrorists are arrested and quarters in Washington , DC. International terrorists who may be prosecuted. Should a terrorist incident The Terrorism Section of the Crimi• operating in the United States are con• occur, the FBI responds by initiating an nal Investigative Division at FBI Head• sidered hostile foreign elements . investigation of the crime using tradi• quarters provides management of all Therefore, investigation of their ac• tional law enforcement methods. In ad• terrorism investigations being con• tivities is conducted under the Attorney dition, the FBI can respond to, contain, ducted by Special Agents in the field , as General's Foreign Counterintelligence and terminate terrorist attacks in pro• well as overall program direction and Guidelines (FCIG) . The investigative gress by using its Special Weapons management of crisis situations. activities authorized by the FCIG are and Tactics (SWAT) teams , or when combined with the special techniques warranted, the Hostage Rescue Team Program Direction And Crisis allowed under the Foreign Inte"igence (HRT) (see below) . Management Surveillance Act (FISA) to develop in • The focus of FBI investigations of Program management involves the formation on the identities, plans, and terrorist organizations is on the unlawful routine direction and control of ongoing capabilities of international terrorists. activity of the group, not the ideological counterterrorism investigations. While Investigations of domestic terrorist motivations of the groups' members. In• each Special Agent in Charge (SAC) is groups are conducted under the At• vestigation concentrates on the entire responsible for overseeing investiga• torney General's Guidelines for Gen• criminal enterprise to obtain information tions in the area covered by his own eral Crimes, Racketeering Enterprises, on the structure of the organization, fi• field division , overall program policy and Domestic Security/Terrorism In• nances, geographical dimensions, and investigative procedures are set vestigations. Electronic surveillances in membership, and past and future ac• and monitored by program managers at domestic cases are conducted pur• tivities and goals. The purpose of the in• FBI Headquarters. Since most domes• suant to the provisions of Title '" of the vestigation is to gather evidence suffi• tic terrorist groups operate in broad Omnibus Crime Control and Safe cient to sustain prosecution by the geographic areas crossing field office Streets Act of 1968. Under these guide• United States for criminal violations of boundaries, it is necessary that man• lines, domestic terrorist groups are Federal laws. agers at FBI Headquarters coordinate treated as criminal enterprises. Inves• The FBI collects information on ter• investigative activity. Other program tigations are initiated when the facts in• rorist groups by using both standard management responsibilities include dicate that two or more persons are en• and technical investigative techniques. evaluation, training, staffing, and fund• gaged in an enterprise for the purpose Standard techniques include examina• ing. of furthering political or social goals tion of existing records and forensic evi• Management in crisis situations is through activities that involve force or dence, the acquisition of new data carried out both at field and Headquar• violence. through interviews of witnesses and in• ters levels. Since 1972, each FBI field The Attorney General's guidelines dividuals otherwise involved, the use of office has had a contingency plan to be permit the Government to actively com• undercover Agents and informants, and put into effect should a terrorist incident bat terrorism while at the same time physical surveillances. occur. These plans require the immedi• avoiding the repressive measures that In cases where standard investiga• ate notification of FBI Headquarters, so the terrorists seek to provoke in their tive techniques are insufficient, the FBI that necessary coordination and control efforts to influence the Government. uses technical methods, such as court• can be obtained through activation of As the lead Federal agency re • authorized electronic surveillances, to the Emergency Operations Center sponsible for countering terrorism in the gather information. The circumstances (EOC). The EOC is staffed by FBI under which technical methods may be

16 I FBI Law Enforcement Bulletin ______Headquarters Terrorism Program man• group leadership, and trace financial in using explosive devices for breach• agers and is in direct contact with all and support networks. ing and diversionary tactics. law enforcement and intelligence ele• The TRAC also enhances the The FBI's HRT is an important ele• ments considered necessary to resolve FBI 's preventive efforts by determining ment of the Federal Government's Cri• a particular crisis. trends in terrorist violence and by sis Management Program . It provides providing threat assessments, which al• the means for a measured response to Special Events Management low the FBI to concentrate its resources high-risk domestic situations. The HRT A special event is defined by the on the most volatile individuals or has been deployed in certain instances, FBI as any major event occurring within groups before they act. such as the Los Angeles Olympic the United States of such national or in• Games in 1984, and more recently in ternational importance which makes it Training several major investigations, and its an attractive terrorist target. Some re• The FBI Training Division conducts presence alone at the site has pro• cent special events, for which the FBI specialized training in the theory and moted the peaceful surrender of armed has assumed the primary responsibility politics of terrorism at the FBI National subjects on occasion. The HRT demon• for security and contingency planning, Academy and in field schools strates the willingness and capacity of have included the 1984 Olympic throughout the country. This course ex• our political system to deal with terror• Games held in Los Angeles, CA. , the plores the origins of terrorism and ism promptly and in a lawful manner. 1984 Democratic and Republican Na• traces its development from early tional Conventions, the 1984 New Or• stages to a modern mode of conflict. Cooperation leans World's Fair, the 1985 Presiden• Both international and domestic as• Combating terrorism is the respon• tial Inauguration, and the 1986 Statue pects of political upheaval are analyzed sibility of all law enforcement agencies. of Liberty rededication . with emphasis placed on the social , In the United States, the FBI has joined Within the Terrorism Section, re• economic, psychological, and political with other law enforcement organiza• sponsibility for Special Events Manage• aspects and the impact of terrorism on tions to form joint task forces of the U.S. ment rests with the Counterterrorism world order. Regional , national , and law enforcement community to focus on Planning and Special Investigations global perspectives are examined in particular terrorist incidents or groups. Unit. The function of this unit is to coor• this course of instruction. Internationally, the FBI has Legal At• dinate all security and contingency taches in countries throughout Europe, The Hostage Rescue Team planning activities associated with the Latin America, Australia, and the Far particular needs created by the special The reactive portion of the terror• East in order to facilitate the exchange event. The unit also provides contin• ism program includes the FBI 's re• of law enforcement-related information. uous coordination between FBIHQ and sponse to high-risk terrorist takeovers In the international arena, cooperation the field office responsible for covering and hostage and non hostage barricade through joint investigative efforts and the event. situations. To resolve these situations, regular exchange of information en• special abilities, equipment, and tech• ables all law enforcement agencies and Terrorist Research And Analytical niques beyond those of local authorities governments to more effectively com• Center or FBI SWAT teams are sometimes re• bat terrorism . The Terrorist Research and Ana• quired. To provide the President and Each nation must possess the lytical Center (TRAC), within the Terror• the Attorney General with a civilian law willingness and capability to combat ism Section, supports FBI investiga• enforcement alternative to the use of terrorist violence in order to ensure the tions by providing analysis of terrorist military force , the FBI has developed safety of its own citizens and those of groups or events of interest to the FBI. the Hostage Rescue Team (HRT). The other nations. Today's terrorists pose a The TRAC aids investigations through HRT exceeds the capabilities of a nor• threat to all governments, but through research and computer analysis in an mal SWAT team in the areas of com• cooperative efforts of law enforcement effort to detect associations between munication, command control , and the agencies, this threat can be dealt with groups and individuals, corroborate in• use of sophisticated electronics equip• successfully. [F~~ formation received from sources , es• ment. HRT personnel have expertise in tablish patterns of activity , identify handling several types of weapons and

______November 1987 17 Irish Terrorism Investigations

"In spite of FBI successes, Irish nationals and sympathetic U.S. citizens continue to attempt to obtain weapons and money in the United States in violation of existing Federal laws. "

By J.L. STONE, JR. , M.P.A. Supervisory Intelligence Research Specialist Terrorist Research and Analytical Center Federal Bureau of Investigation Washington, DC

With in the parameters of the FBI 's situation, if necessary, and on arresting ject is to gather evidence for eventual overall law enforcement mission, Irish the perpetrators with the ultimate goal prosecution. terrorism investigations are addressed of prosecution and incarceration. Suc• As a result of this aggressive in • through a twofold approach-preven• cesses in terrorism investigations have vestigative effort, the FBI has been suc• tion and reaction. In this regard , FBI resulted in a precipitous decline in the cessful in a number of Irish terrorism in• field divisions are prepared to assume number of total incidents in the United vestigations by obtaining indictments either a preventive or reactive stance States over the past several years. and convictions. Additional investiga• as the situation dictates. Given a The FBI has adopted a strategy of tions are ongoing, which should lead to choice, the obvious preference would viewing terrorists, including Irish, to be future legal action . be to prevent terrorist activity. Lawful in• individuals involved in criminal enter• These investigations are focused teliigence gathering techniques, such prises. This allows for investigations on three principal areas of activity: (1) as use of informants, undercover oper• predicated on criminal activity rather Involvement in weapons procurement ations, and court-ordered electronic than on political or ideological motiva• in the United States and illegal trans• surveillance, are instrumental tools in tions. With this emphasis, there is less port of these weapons to Northern Ire• this effort. Also of benefit are- good concern with why this activity is being land or the Republic of Ireland, (2) fund• working relationships with intelligence employed than with the fact that crimes raising efforts in the United States with and law enforcement agencies at all are being committed . Irish terrorism in• illegal transfer of this funding to North• levels, both in the United States and in• vestigations involve identification of ern Ireland to directly support Irish ter• ternationally. subjects and group leaders, develop• rorist elements operating there, and (3) The second approach involves tra• ment of associations, and tracing of fi• identifying Irish terrorists who are in the ditional law enforcement activity after nancial and support structures . The United States illegally. U.S. statutes have been violated . Prin• focus is on the total network and the ob• Irish terrorism matters are investi• cipal emphasis here is on stabilizing the gated under specific guidelines relating

18 I FBI Law Enforcement Bulletin ______to international terrorism investigations. and abetting Irish terrorist elements, Criminal activity is investigated under there is no basis for pursuing an inves• the Attorney General's Guidelines for tigation. General Crimes, Racketeering Enter• prises, and Domestic SecuritylTerror• Major Irish Groups Active In ism Investigations (1983) . Electronic The United States surveillances in criminal matters are Investigations have shown that generally pursued under the provisions Irish group activity in the United States, of Title III of the Omnibus Crime Control in support of the Irish Republican Move• and Safe Streets Act of 1968. These ment, centers around three principal matters are also investigated under the elements: The Irish Republican Army or Mr. Slone Attorney General's Foreign Counterin• Provisional Irish Republican Army telligence Guidelines (1983). Electronic (PIRA) as it is often referred to , the Irish surveillances are generally conducted National Liberation Army (INLA), and according to the Foreign Intelligence the Irish Northern Aid Committee/ Surveillance Act of 1978 (FISA) and are Northern Irish Aid (NORAID) . One other authorized by a specially constituted group with possible sympathizers in the Federal court. While the primary pur• United States, the Ulster Volunteer pose of these intercepts is the collec• Force (UVF) , is a " loyalist" and anti• tion of intelligence data bearing on the movement element. national security, clear provisions are made for the use of evidentiary material PIRA in criminal prosecutions (see United PIRA is a militant Marxist organiza• States v. Megahey, 553 F. Supp. 1180 tion composed primarily of residents of (E.D .N.Y. 1982), affirmed, 729 F.2d Northern Ireland and/or the Republic of 1444 (2d Cir. 1983). Recent court deci• Ireland who are committed to achieving sions indicate that surveillances under British withdrawal from Northern Ireland FISA will continue to be valuable in and the establishment of a united 32• both preventing and reacting to terrorist county democratic socialist republic in activity. Ireland. It is an extremely violent group, In all such matters, protection of in• having committed numerous terrorist dividual and group first amendment acts against the British military, Irish ci• constitutional rights is of paramount vilians, and those they perceive as up• concern. For example, no case is initi• holders of British rule in Northern Ire• ated solely on the basis of membership land. One such act resulted in the death in an organization or the donation of of a U.S. citizen in the December 1983, money to the organization or cause. In bombing of Harrod's Department Store many instances, donors believe that in London . PIRA is extremely well• this money is going for charitable armed and well-organized. Investiga• causes (e .g., aid to support families of tion of PIRA activities in the United imprisoned Irish soldiers) . Barring spe• States has centered on individuals who cific articulable facts which indicate that are operatives or supporters of this or• a group or individual's activities (collect• ganization involved in the acquisition of ing funds , weapons procurement, etc.) weapons or funds to procure them. are criminal in nature, such as aiding

______October 1987 I 19 "Investigations have shown that Irish group activity in the United States ... centers around three principal elements: The Irish Republican Army or... the Irish National Liberation Army ... and the Irish Northern Aid Committee .... "

INLA which was established by Sir Edward Court, Northern District of California, INLA is essentially a Marxist• Carson in 1912 to resist the need for Ul• the presiding judge rendered a decision Leninist oriented group also dedicated ster to participate in Irish Home Rule . that Quinn should be released from to the formation of a united 32-county UVF sympathizers in the United custody. The judge made this ruling democratic socialist republic in Ireland. States are involved, albeit sporadically, based on his interpretation that the ex• It subscribes to violence as a means of in rather low-level attempts to obtain tradition treaty between the United ousting the British from Ulster and over• weapons which would be used by UVF States and Great Britain did not cover throwing the Government of the Re• members in Northern Ireland against what the judge defined as a "political public of Ireland. It is the military wing of Republican elements . The UVF is murder," for which Quinn was being the Irish Republican Socialist Party. Al• largely sectarian and anti-Catholic in its held. The U.S. Government imme• though activities often parallel actions motivation . In the United States, the diately filed an appeal before the Ninth of PIRA, there is no formal alliance be• UVF has been generally inactive. As an Circuit Court of Appeals, contesting the tween the two organizations. example of the UVF's participation in judge's decision and requesting that the the problems of Northern Ireland, dur• decision be stayed pending further ap• NORAID ing the summer of 1984 in Belfast, the pellate proceedings. This appeal was NORAID is the main Irish fundrais• UVF was involved in an unsuccessful subsequently granted and Quinn was ing organization in the United States assassination attempt on Gerry Adams, not released from custody. and purports to raise funds to support leader of the Sein Finn , formerly the In February 1986, the Ninth Circuit families of imprisoned PIRA and Re• Provisional Sein Finn , the political wing Court of Appeals ruled that Quinn publican Movement members. It was of PIRA. There have been instances should be extradited to Great Britain. In founded in 1970 by Michael Flannery where weapons recovered in Northern July 1986, Quinn's attorneys appealed and two Irish Republican Movement Ireland, which have been attributed to this decision to the U.S. Supreme veterans of the 1919-1921 period. In the UVF, have been traced to the Court. In October 1986, the Supreme January 1982, a U.S. court ruled that United States. Analysis indicates these Court denied to hear the appeal and NORAID must comply with provisions weapons possibly originated in the mid• Quinn was ordered extradited to Great of the Foreign Agents Registration Act western United States. To date, there Britain. Quinn was subsequently trans• (1938) and register as an agent of has been no prosecution of UVF opera• ported to London , England , formally PIRA. FBI investigations have centered tives here. charged and remanded to prison. on individuals suspected of being cou• -From June 1981 , through June riers of funds to PIRA or actively aiding Summary Of Significant 1982, the FBI initiated investigations and abetting any Irish terrorist Activity In The United States against Gabriel Megahey and Andrew organization . NORAID is headquar• The following highlights significant Duggan. Megahey had been identified tered in New York City with chapters lo• Irish terrorist activity in the United as the leader of a PIRA cell in the cated throughout the United States. States and the FBI 's investigative re• United States with sole responsibility sponse. being the acquisition of weapons for UVF PIRA. Duggan , a suspected PIRA 1981 - 1982 On the other side of the spectrum, member, was alleged to be involved in -On September 30, 1981, William the UVF is a " loyalist" paramilitary or• purchasing highly sophisticated elec• Joseph Quinn was arrested by the FBI ganization which represents a working tronic equipment for PIRA. Stemming in San Francisco, CA , and charged with class response to what is viewed as a from investigative information obtained violation of Title 18, USC, Section 3184 threat to Protestantism posed by Irish and an undercover operation , Megahey (fugitive from a foreign country). Quinn Republican terrorism and Roman and Duggan were arrested on June 21 , had been sought by British authorities Catholicism . The UVF was formed in 1982. Arrested concurrently were for the 1975 murder of a constable in 1966 by Protestant extremists opposed Megahey's associates, Eamon and London and conspiracy to cause explo• to improved relations between Northern Colm Meehan. These individuals were sions. Ireland and the Republic of Ireland. It arrested as a result of a seizure of In October 1983, in U.S. District took its name from the original UVF,

20 I FBI Law Enforcement Bulletin ______weapons at the Port of Newark on May -On May 17, 1984, Joseph Cahill John Crawley, Gavin Mortimer, John 28, 1982. In May 1983, Megahey, Dug• and James Noel Drumm were arrested McCarthy, and trawler owner Michael gan, and Eamon and Colm Meehan in New York City for entering the United Brown , all PIRA members, were ar• were found guilty of violations of the States illegally (Title 8, USC, Section rested . Subsequent information indi• National Firearms Act. 1326). Cahill is considered the " god• cated that the cache had been off• -Resulting from another under• father" of PIRA who has been exten• loaded earlier from the trawler cover operation directed by the FBI , two sively involved in weapons procure• "Valhalla" off the west coast of Ireland. INLA members, Colm Murphy and Vin• ment on behalf of PIRA. Drumm has On October 16 , 1984, the " Val • cent Toner, were arrested on July 21 , been described as the "money man " for halla" was located by the United States 1982, for Federal firearms violations. PIRA and is known to be involved in the Customs Service (USCS) in Boston , The undercover operation was directed financing of weapons procurement ac• MA. Interviews by the FBI and USCS of against INLA's efforts to procure tivity. Cahill , following trial in New York, a "Valhalla" crew member clearly iden• weapons in the United States. During was deported to Dublin, Ireland, on July tified this vessel as the "mothership" in• July 1983, both Murphy and Toner were 2, 1984. Drumm agreed to voluntary volved in the PIRA weapons shipment. convicted. deportation, which occurred May 18, The " Valhalla" was allegedly loaded 1984, the day after the arrest. with weapons on September 13 to 14, 1983 - 1984 At the time of the arrest, both Cahill 1984, at Gloucester, MA, and then -Joseph P. T. Doherty was ar• and Drumm had in their possession sailed to the Irish Sea for offloading rested in June 1983, in New York City documentation which indicated they onto the "Marita Ann ." as an illegal alien (Title 18, USC, Sec• had entered the United States illegally One of the five individuals ar• tion 3184) . Doherty, a member of on March 11 , 1984, at New York City. rested , John Crawley, was allegedly in• PIRA's infamous "M-60" Gang , had es• For 2 months they were involved in nu• volved in PIRA activities in the United caped from a Belfast, Northern Ireland, merous fund raising events. States. Crawley and six other individ• prison in September 1982, while await• -On July 27, 1984, Robert Em• uals were indicted in April 1986, for vio• ing trial for the murder of a British army mett Hunter was arrested in Los An• lation of the Arms Export Control Act, officer. He was subsequently convicted geles, CA, for fraud and misuse of Title 22, USC, Section 2778, the Export and sentenced in absentia to life im• visas, permits, and other entry docu • Administration Act, Title 50 , USC, Sec• prisonment. Information regarding ments (Title 18 , USC, Section 1546). tion 2410, and various sections of Titles Doherty's whereabouts in the United Hunter is associated with PIRA and had 18 and 26 USC. During May 1987, States was obtained from an FBI previously been imprisoned on charges three of the individuals pled guilty to source. On December 13, 1984, the resulting from a bombing and possess• various counts of the indictment. These U.S. District Court for the Southern Dis• ing a firearm. A search of Hunter's and the others are awaiting further legal trict of New York ruled that Doherty residence revealed four blank birth cer• proceedings in Boston, MA. tificates and additional documents re• could not be extradited from the United 1985 - 1986 States to answer charges in Ireland fo r lating to his illegal residency in the United States. On November 30, 1984, -The continuing investigation sur• the murder of a British army officer, as rounding the seizure of weapons at the the offense was political in nature and criminal charges against Hunter were dropped so that deportation proceed• Port of Newark on May 28 , 1982, not extraditable under the U.S.-Britain (Megahey , supra) determined that extradition treaty. He is presently being ings could be undertaken. -On September 29 , 1984, a some of the weapons for this shipment held without bond at Metropolitan Cor• were purchased by an individual using rection Center, New York, pending de- ' cache of firearms, ammunition, and ex• plosives, totaling approximately 7 tons, the name Robert Power. portation and new extradition proceed• A subsequent fingerprint analysis ings, based upon amendments to the was seized by Irish Federal Police on board the fishing trawler "Marita Ann " was done comparing the fingerprints of U.S.-Britain extradition treaty which an individual named Liam Ryan of New were adopted during June 1985. as it was heading for the port of Dingle on the southwest coast of Ireland. Five York City with those developed from the individuals, identified as Martin Ferris,

______October 1987 21 Federal firearms registration form in the his weapons purchase in the above tion Service (INS) and FBI Agents for Megahey weapons shipment case. A case. On September 18, 1985, Ryan violation of Title 8, USC, Section 1252 match of the fingerprints determined pled guilty to one count of Title 18, (overstay of B-2 visa) . Mackin was re• that Ryan was the individual who pur• USC, Section 1001 in the U.S. District leased on $15,000 bond on July 19, chased these weapons using the name Court, Eastern District of New York. 1985, and is presently awaiting an INS of Robert Power. -Another investigation identified hearing. Ryan returned to the United States an individual named Sean Gerard -Investigation by the Los Angeles from Ireland on April 14, 1985, and was Mackin, an individual considered to be FBI Office from February 1985, until arrested on April 24, 1985, in New York an INLA member in the United States. June 1986, indicated that the INLA was City for violation of Title 18, USC, Sec• As part of the ongoing investiga• using William Wallace Norton and his tion 1001 (making false, fraudulent, and tion , Mackin was arrested on July 16, wife Eleanor Elias Norton to procure fictitious statements) , stemming from 1985, by Immigration and Naturaliza• weapons in the United States. Norton, a

22 I FBI Law Enforcement Bulletin ______"This allows for investigations predicated on criminal activity rather than on political or ideological motivations .... " retired screenwriter for Walt Disney FBI Special Agent (UCSA) was placed tie 18, USC, Section 371 , Conspiracy to Productions, moved from Los Angeles, in contact with an individual named Violate Federal Firearms Laws, Title CA, to an area near Dundalk, Republic Jackie McDonald. McDonald in turn in• 18, USC, Section 922 (A) (4), and Title of Ireland, during March 1986. On June troduced the UCSA to Noel B. Murphy, 25 , USC, Section 5861 (D) . Murphy and 5, 1986, the ship carrying Norton's vehi• an Irish citizen living in Boston, MA. Hughes were also indicted for dealing cle arrived in Rotterdam and the vehi• During discussions between Murphy in firearms and ammunition without a li• cle , still in the shipment container, was and the UCSA, Murphy expressed in• cense and being an alien in possession off loaded and transported to LeHavre, terest in purchasing automatic rifles for of a firearm. France. shipment to the PIRA. Negotiations be• On October 2, 1986, McLaughlin On June 11 , 1986, at LeHavre, tween Murphy and the UCSA culmi• pled guilty to one count of conspiring to France, French authorities, based on nated with an agreement for Murphy to violate the Arms Export Control Act. On information provided by the FBI , purchase 100 M-16 rifles at $500 each, October 7, 1986, Jackie McDonald and searched the vehicle and found 2 ma• 1 Redeye surface-to-air missile at Roy Willey pled guilty to the same chine guns, 12 AR-15 rifles, 24 hand• $10,000, 5,000 rounds of .223 caliber charge. On October 8, 1986, John guns, a rifle scope , silencers , and ammunition, and two ammunition Clips Fitzgerald, James Boyle, and Stephen approximately 2,200 rounds of am• for each weapon . The total package McDonald pled guilty to the conspiracy munition. Norton, his wife , and three price was to be $60,000. charge under Title 18, USC, Section Irish nationals, Sean Hughes (aka On May 15, 1986, the UCSA met 371 . On October 23, 1986, in U.S. Dis• Anthony James Mackenzie) , James with Murphy and Cairan Hughes, an trict court, Boston, MA, a jury returned Joseph McLaughlin, and Suzanne May, Irish citizen who was responsible for guilty verdicts against Noel Murphy and were arrested by French authorities getting the weapons shipped to Ireland, Cairan Hughes on all charges except and charged with arms trafficking when to finalize the deal. On May 20, 1986, the indictment for being an alien in pos• they attempted to take possession of the UCSA met with Murphy, Hughes, session of a firearm. the vehicle. and five individuals subsequently Conclusion The Nortons are currently being identified as Roy Paul Willey, John held in France , without bond , on Fitzgerald, James Boyle, Steven Mac• The FBI , through cooperation with weapons conspiracy charges. On June Donald, and Michael P. McLaughlin in a other U.S. Government agencies and 18, 1986, a U.S. arrest warrant was is• Bedford, MA, hotel. The UCSA, Mur• foreign police services, has enjoyed sued for Norton and a complaint filed in phy, and Hughes left the hotel and went significant accomplishments against in• Los Angeles, CA, charging Norton with to Hanscom Airfield to inspect the dividuals procuring weapons and funds one count of violating Title 22, USC, weapons. The other five subjects and in the United States for use by Irish ter• Section, 227 B (C) (Willfully Exporting two other UCSAs remained in the hotel rorist organizations. These successes, U.S. munitions without a valid license or room waiting for Murphy and Hughes to obtained by using both preventi ve and written approval of the U.S. Department return . Upon arriving at the airfield , reactive investigative techniques, have of State) . Norton was also charged with Murphy and Hughes were arrested. Si• produced a substantial decline in arms violating Title 18, USC, Section, 922(E) multaneously, the five subjects in the procurement activities in the United (Knowingly Delivering a Vehicle Con• hotel room were arrested, and Jackie States by Irish nationals. taining Firearms and Ammunition to a MacDonald was arrested at his place of In spite of FBI successes, Irish na• Common Carrier for Transportation in employment. tionals and sympathetic U.S. citizens Foreign Commerce). Prosecution in On June 4, 1986, Federal grand continue to attempt to obtain weapons this case is pending , but will be delayed jury indictments were returned charging and money in the United States in viola• until the Nortons stand trial in France. ali eight subjects with Conspiracy to tion of existing Federal laws. Conse• -In March 1985, an undercover Violate the Arms Export Control Act, Ti• quently, the FBI will continue its inves• tigative efforts into the activities of Irish terrorist organizations operating in the United States.

______October 1987 23 Marco­Terrorism

"While there does not currently appear to be linkages between narcotics traffickers and terrorist groups in the United States, such a development is possible."

By Narco-terrorism, the involvement Activities of drug traffickers and DANIEL BOYCE, M.A. of terrorist organizations and insurgent terrorist organizations in remote areas groups in the trafficking of narcotics, of Latin Ame rica and other Third World Intelligence Research Specialist has become a problem with interna• countries often have a direct impact on Terrorist Research and Analytical Center tional implications. In Third World coun• the United States. For example, during Federal Bureau of Investigation tries , narcotics traffickers, terrorist or• March 1984, Colombia's Special Anti• Washington, DC ganizations, and insurgent groups are Narcotics Unit under the direction of alleged to use the wealth they obtain Justice Minister Rodrigo Lara Bonilla from the sale of illegal drugs to exert stepped up its disruption and interdic• economic, political, and military pres• tion efforts against drug traffickers by sure on the governments of the coun• raiding cocaine-processing laboratories tries in which they operate . The ac• in the southeastern plains region of tivities of these groups, particularly in Colombia. Approximately 10 metric Latin America, can threaten the stability tons of cocaine were seized and a num• of the various countries' governments, ber of workers were arrested. In retalia• thus affecting U.S. foreign policy for• tion for this action and his outspoken mulation and implementation. position on the corrupting influences of While there are distinct differences narcotics traffickers on Colombian poli• between the goals of narcotics traf• tics and society, Lara Bonilla was as• fickers, insurgent organizations, and sassinated by drug traffickers on April terrorist groups, there is generally a lim• 30 , 1984. ited degree of contact and cooperation In order to enhance their image between groups active within specific and demonstrate their commitment to regions. This is because insurgent and fight narcotics trafficking, the Govern• terrorist groups have some base camps ment of Colombia began to extradite and infiltration routes in remote rural Colombian nationals to the United areas where narcotics traffickers culti• States to stand trial on U.S. drug vate their crops. Relatively free move• charges. The traffickers responded to ment is possible in these areas be• the extraditions by accelerating their cause of the limited central government campaign of violence . In November presence. While insurgent groups and 1984, a car bomb was detonated out• terrorist organizations do not always side the U.S. Embassy in Bogota, killing participate directly in the cultivation of one Colombian woman. The narcotics narcotics, some have obtained money traffickers also threatened to kill 5 from the narcotics traffickers through Americans for every Colombian extra• extortion, typically by charging fees for dited to the United States and 10 em• protection of growing areas, processing ployees of a U.S.-based multinational facilities, or distribution routes. corporation for every Colombian sen•

24 I FBI Law Enforcement Bu lletin ______surgent group may have supported the United States, there is a law enforce• narcotics traffickers on the nationalistic ment presence throughout the Nation. grounds that Colombian citizens should In countries such as Colombia, law en• not be forced to face judicial proceed• forcement officials may have only lim• ings in the United States. ited access to remote regions.

Activity In The United States Past Linkages The FBI views terrorism as the un• It is possible that current allega• lawful use of force or violence against tions of narco- terrorist activity in the persons or property to intimidate or co• United States are based upon the ac• erce a government, the civilian popula• tivities of the now dormant Cuban anti• Mr. Boyce tion , or any segment thereof, in fur• Castro group, Omega 7. During the therance of political or social objectives. early 1980's, members of Omega 7 col• tenced in the United States. Threats Terrorist groups in the United States lected money for a known narcotics against the lives of the U.S. Ambas• generally use violence to focus public trafficker. The agreement between sador to Bolivia and the former U.S . attention on their political objectives or Eduardo Arocena, leader of Omega 7, Ambassador to Colombia were also to secure money to continue opera• and the narcotics trafficker stipulated made. Then, in November 1985, the tions. Narcotics traffickers, on the other that Omega 7 should receive approx• 19th of April Movement (M-19). one of hand, most often use violence to pro• imately 35 percent of the money they the largest insurgent/terrorist groups in tect their areas of criminal enterprise collected . After Arocena's arrest, in Colombia, made a raid on the Colom• and interest independent of the con• Miami, FL, during July 1983, a docu• bian Palace of Justice. During the raid , cerns or objectives of terrorist organi• ment found among his possessions in• in which over 50 M-19 members and 11 zations. For instance, on February 22, dicated that the trafficker was owed Colombian Supreme Court Justices, in• 1986, Barry Seal, a narcotics trafficker more than $6 ,000 ,000 by various indi• cluding Supreme Court President turned government informant, was viduals. Also found with the list were Alfonso Reyes , were killed , a large killed by Colombian narcotics traffickers surveillance notes and photographs in• number of extradition documents were in Baton Rouge, LA , before he could dicating that Arocena and other mem• destroyed . Although it has not been testify against Jorge Ochoa Vasques, a bers of Omega 7 had collected informa• confirmed, there is speculation that the leading Colombian narcotics trafficker. tion on individuals identified by the M-19 raid on the Palace of Justice may Seal's murder was carried out to pre• narcotics trafficker. In subsequent testi• have been financed by Colombian nar• vent him from testifying against Ochoa, mony, the narcotics trafficker stated cotics traffickers in order to destroy ex• not for ideological reasons . Conse• that Omega 7 received $150 ,000 for tradition documents. quently, this homicide is viewed as a their services, although Arocena never Thus, it appears that in Colombia criminal rather than terrorist act. turned over any collection money. there may exist a narcotics trafficker/ In the United States, contacts be• Since the narcotics-related ac• insurgent group relationship. The ter• tween terrorist groups and narcotics tivities of Omega 7 during the early rorist-type activities of the narcotics traffickers appear to be the result of the 1980's, there have been no docu• traffickers and the suspected activities clandestine nature and criminal ac• mented cases of a formal relationship by an insurgent group at the direction of tivities of both types of groups. Affilia• existing between a known narcotics narcotics traffickers suggest a narco• tion between ,narcotics traffickers and trafficker and terrorist group in the terrorism relationship. Furthermore, it terrorist elements, such as is believed United States. Instead, there appears appears that at least on one occasion , to exist in drug source countries like to be a blending of the common criminal the terrorist activities of a Colombian in• Colombia, are not known to currently activity of the two types of groups. Both surgent group were orchestrated to exist in the United States. This may be narcotics traffickers and terrorist achieve a specific political objective, because the United States is primarily a groups , because of their criminal ac• that being to stop the extraditions of drug-consuming rather than a drug-pro• tivity and enterprises, operate in com• Colombian narcotics traffickers to the ducing country. Additionally, in the mon criminal circles. Consequently, United States. In this instance, the in• contacts that have occurred between some terrorist groups and some nar•

______October 1987 25 H ••• narcotics trafficking was being used as a method to finance a criminal enterprise; ... the overthrow of the Government of Honduras. " cotics traffickers appear to be largely mately $1 .7 million , loaded onto the to acquire weapons. By using estab• cOincidental, resulting from the criminal merchant vessel Valhalla at Glouces• lished , operating criminal groups, the activity and clandestine nature of both ter, MA. The weapons, including rifles, PIRA probably believes it is reducing groups. rockets, hand grenades, and 71 ,000 the likelihood of having an undercover rounds of ammunition, were later trans• agent involved. Recent Activity ferred to the fishing trawler Marita Ann In another investigation, it initially Two recent cases, one involving off the coast of County Kerry, Ireland. appeared that a narcotics trafficker• the activities of the Provisional Irish Re• The Marita Ann , which was being used terrorist connection may have existed ; publican Army (PIRA) and a known nar• by the PIRA, was seized along with the however, subsequent analysis sug• cotics trafficker and the other involving munitions by Irish authorities on Sep• gests that the activity was primarily that the sale of narcotics to finance an as• tember 29, 1984. of a criminal enterprise being financed sassination attempt against the Presi• Analysis suggests that Murray was by narcotics trafficking . Investigation in• dent of Honduras, illustrate the criminal not involved with the PIRA for ideologi• dicated that Faiz J. Sikaffy, a Honduran relationship which can develop be• cal reasons. Rather, it appears that he citizen living in Miami, FL , and several tween narcotics traffickers and terror• was using his criminal contacts to se• other individuals, including a Honduran ists. These two cases also illustrate that cure the weapons in order to make a general assigned to the Honduran Em• each group used the criminal networks profit for himself. Furthermore, it ap• bassy in Santiago, Chile, were conspir• of the other in order to fulfill their spe• pears that the only reason Murray was ing to assassinate Honduran President cific objective. The affiliation between used by the PIRA was because of his Roberto Suazo Cordova and take over the groups apparently was strictly that established criminal contacts. These the Government of Honduras. The con• of a criminal enterprise with no ideologi• contacts provided the PIRA with access spirators were planning on selling 760 cal motives involved. to individuals who had weapons for sale pounds of cocaine, valued at more than During September 1984, the PIRA, and were considered less likely to be $10 million, in the United States and a militant Marxist organization com• controlled by U.S. Government then use the proceeds from the sale to posed primarily of residents of Northern authorities. purchase explosives and weapons to Ireland and the Republic of Ireland who The PIRA and other Irish terrorist be used in assassinating President are committed to forcing British with• groups operating in the United States Suazo and overthrowing the Honduran drawal from Northern Ireland and es• have had their arms acquisition net• Government. tablishing a united 32-county demo• works penetrated and stopped by the In this case, narcotics trafficking cratic socialist republic in Ireland, used FBI and other U.S. Government agen• was being used as a method to finance a loose-knit criminal group based in cies a number of times in recent years. a criminal enterprise, that being the Charlestown, MA, to attempt to acquire Usually, when attempting to acquire overthrow of the Government of Hon• weapons and munitions. The group, weapons , Irish terrorists will use duras. The individuals involved, al• lead by Joseph P. Murray, Jr., was in• sources, both reliable and unreliable, of though conspiring to commit what could volved in a variety of criminal activity. trusted PIRA members. In a number of be defined as a terrorist act, were not During April 1986, Murray and six recent cases, the FBI , after receiving in• an established terrorist group. They other men were indicted in Federal dis• formation that known Irish terrorists were instead a group of individuals con• trict court in Boston on charges of were attempting to purchase weapons, spiring to commit a criminal act. This illegally exporting munitions to the Re• has been able to introduce an under• sort of activity appears to be the most public of Ireland. Murray was also in• cover agent as an arms broker to the likely type of narco-terrorism to take dicted on charges of importing mari• middleman and foil the operation. Con• place in the United States. That is , a juana into the United States, although sequently, it appears that Irish terror• criminal or terrorist group financing their this activity was unrelated to the arms ists, in an effort to prevent penetration activities through the sale of narcotics, trafficking charges. During September by U.S. Government agencies, may be since narcotics trafficking would pro• 1984, Murray's group allegedly had 7 beginning to use established U.S. crimi• vide terrorists with the ability to raise tons of munitions , valued at approxi• nal networks, such as the Murray gang, large amounts of cash in a relatively short time.

26 I FBI Law Enforcement Bulletin ______Observations It appears that a large amount of a problem in drug-source countries but Omega 7 funding initially was provided does not appear to exist in the United To define the Suazo investigation by Cuban businessmen in the United States at this time . This may be be• as a narco-terrorism case would be States. The businessmen established a cause in drug-producing countries misleading because such a definition network which would collect money, would not represent a joining of forces there is often contact between terrorists often in the form of "taxes," from seg• and narcotics traffickers in rural areas of narcotics traffickers and terrorists. ments of the Cuban community. Money This case does, however, represent a where narcotics traffickers cultivate continuation of conventional techniques would then be allocated to the various their crops. However, in the United used by criminal elements to raise cash active anti-Castro groups, including States, which is primarily a drug-con• to finance their criminal activities. Both Omega 7. In other instances, members suming rather than drug-producing traditional and non-traditional orga• of the Cuban exile community would country, such avenues of contact and nized crime groups have long been en• support Omega 7 by merely denying cooperation are not as likely to exist. gaged in narcotics trafficking for profit. knowledge of Omega 7 activities. This Recent cases in the United States Although no terrorist group is known to type of support usually came about involving contacts between established currently be trafficking in narcotics in either out of sympathy or fear of re• terrorist groups and narcotics traffickers order to raise money, small-scale nar• prisal. Often, individuals who were be• or individuals involved in a criminal en• cotics trafficking has been used by lieved to be in contact with Omega 7 terprise using narcotics trafficking to fi• various criminal networks to finance members would intentionally supply nance their criminal activity appear to their criminal activity. misleading or incorrect information represent a blending of the criminal ac• It is not uncommon for both tradi• when interviewed by the FBI. Even tivities of the two types of groups. Both tional and non-traditional organized when confronted with documentation, narcotics traffickers and terrorist crime groups to engage in narcotics such as surveillance logs and groups, because of their common crimi• trafficking. Narcotics trafficking pro• photographs placing them in contact nal activity and enterprises, operate in vides these groups with a method of with Omega 7 suspects, the individuals criminal circles. Consequently, it ap• raising large amounts of cash in a rela• being interviewed would disclaim pears that contacts between the terror• tively short time. Terrorist groups, association. ist groups and narcotics traffickers are After it became known , however, however, may not wish to engage in coincidental, resulting primarily from that members of Omega 7 were collect• such activity because of the adverse the criminal activity and clandestine na• ing funds for a known narcotics traf• impact it could have on the public's per• ture of the groups. ficker, a significant portion of the sup• ception of their cause. For instance, While there does not currently ap• port they received from the Cuban exile when it became publicly known that pear to be linkages between narcotics community was discontinued. The per• members of Omega 7 were working for traffickers and terrorist groups in the ception of Omega 7 within the exile a narcotics trafficker, much of the sup• United States, such a development is community changed from one of fight• port they received from elements within possible. Narcotics trafficking repre• ers against Castro and communism to the Cuban exile community in the sents a way to raise large amounts of that of a criminal group taking direction United States ceased. cash in a relatively short time. Conse• from a narcotics trafficker. The exile While Omega 7 was active, a sig• quently, terrorist groups might resort to community, which at one time lauded nificant portion of the Cuban exile com• this type of activity in order to finance the activities of Omega 7, began to dis• munity viewed their terrorist attacks their operations. This development, associate themselves from their ac• against Cuban officials and Castro sup• while possible, is considered unlikely. tivities, and some individuals began porters in the United States as a con• Should it become known that the terror• cooperating with law enforcement au• tinuation of the patriotic fight against ist group is engaged in narcotics traf• thorities against Omega 7. communism. Elements within the exile ficking , financial and moral support by community provided Omega 7 with sup• community elements sympathetic to the Conclusion port by contributing money for opera• terrorist groups goals WOUld, in all likeli• [f~O tions or merely denying knowledge of Narco-terrorism, the linking of nar• hood, be withdrawn. Omega 7 activities. cotics traffickers and terrorists, may be

----______October 1987 I 27 FBI's Expanding Role in International Terrorism Investigations

By

D.F. MARTELL, J.D., M.B.A. Supervisory Special Agent and Legal Adviser Terrorism Section Federal Bureau of Investigation Washington. DC

American experience with terror• ecute terrorists. Guyana. 2 On appeal from his indict• ism is not new. In the late 18th and Today, the United States is making ment, Layton argued that he was not early 19th century. the United States new inroads in its fight against interna• within the territorial jurisdiction of the was confronted with Barbary Coast pi• tional terrorism . Intelligence capabilities United States at the time of the alleged rates who were seizing U.S . vessels have never been more strategic, and acts. The district court concluded that a and kidnapping seamen. After much in• Congress has given new impetus to law Federal crime was committed if the vic• action and payment of ransom de• enforcement efforts to stem terrorism. tim was an internationally protected mands on the part of the United States This article addresses the new role of person who, at the time of the offense, to these pirates. Thomas Jefferson took the FBI and its expanding investigative represented the United States in a for• action to end this reign of terror against jurisdiction with regard to terrorism . eign country, even though the offender our ships and seamen. In 1805 on the This jurisdiction presents new demands was not within the "territorial jurisdic• shores of Tripoli , the U.S. Marines and challenges for the FBI and the intel• tion" of the United States at the time of forced the reigning pasha to stop terror• ligence community. the offense and even where the crimes ist actions against U.S. ships and Until recently, on-site FBI inves• were committed outside the territorial seamen. It had taken 11 years of terror• tigation of terrorist incidents abroad boundaries of the United States. The ism before America listened to the was rare.1 Extraterritorial application by Layton case provided some authority warning of Thomas Jefferson in 1784, the FBI in Federal criminal law first be• for the FBI to investigate crimes over• after the first hijacking of a U.S. vessel, gan to expand in 1978 with the FBI in• seas and proceed with seeking an in• " an insult unpunished is the parent of vestigation and eventual prosecution of dictment, even in the absence of any others." While this is not to suggest that Larry Layton for the death of Congress• reason to believe that any U.S. citizen force is the only method to combat ter• man Leo J. Ryan and the wounding of was involved in the commission of the rorism, it does suggest that all legal Deputy Chief of Mission Richard Dywer offense.3 means available must be used to pros- while they were visiting Jonestown, By 1982. the U.S. Government's

28 I FBI Law Enforcement Bulletin ______"In distinguishing between actions in furtherance of legitimate national liberation movements and individual/group acts of ter• rorism whose sole aim is the indiscriminate killing of civilians .... " response to terrorism rested largely on Manslaughter - 18 U.S.C. 1112; Maim• United States (18 U.S.C. 7, 113, 114, the lead agency concept and the U.S . ing - 18 U.S.C. 114; Rape - 18 U.S.C. 1111 , 1112, 1201 , 2031 , 2111) These Department of State (USDS) was the 2031 ; Assault - 18 U.S.C. 113; and statutes authorize the United States to lead agency responsible for managing Robbery - 18 U.S.C. 2111) prosecute the crimes of murder, man• terrorist incidents abroad, while the FBI This act gave the United States the slaughter, maiming, kidnapping, rape, had similar responsibilities for manag• authority to prosecute aircraft piracy assault, or robbery committed on the ing the response to incidents in the outside the special aircraft jurisdiction high seas or any other waters within the United States.4 This lead agency con• of the United States as long as the of• admiralty and maritime jurisdiction of cept took into consideration the fact that fender is later found in the United the United States that is outside of the the lead agency would coordinate the States. The Federal Aviation Act au• jurisdiction of any particular state. This U.S. Government's response to terror• thorized the government to seek the prosecutive authority exists regardless ism and recognized that many Federal death penalty if the death of another of the nationality of the persons com• agencies , plus local and State au• person resulted from aircraft piracy as mitting the enumerated crimes if the thorities , have responsibilities in the defined in this statute.6 crimes are committed against United counterterrorism area. -Crimes Against Internationally States citizens or are committed on However, a major difficulty in de• Protected Persons (18 U.S.C. 112, U.S. civil or military vessels. terring terrorism by bringing terrorist 878, 1116, 1201 (a)(4) wherein anyone -Piracy (18 U.S.C. 1651) Since fugitives to justice remained in dis• who murders, kidnaps, assaults, or 1819, the United States has had juris• tinguishing between actions in fur• threatens certain internationally pro• diction to prosecute anyone who com• therance of legitimate national libera• tected persons could be prosecuted by mits the crime of piracy, as defined by tion movements and individual/group the United States, regardless of the na• the law of nations, on the high seas and acts of terrorism whose sole aim is the tionality of either the victim or the of• is later brought to or found in the United indiscriminate killing of civilians. Histor• fender, if the offender is present in the States. ically, this lack of agreement between United States. The internationally pro• The foregOing statutes are still law nations prevented the extradition of tected person was limited to any Chief and a few of these statutes have been known terrorists for trial ,5 and in some of State, head of government or For• used in indictments pending against the cases, led to an accommodation to ter• eign Minister and their families when perpetrators of several recent interna• rorist demands. they are out of their own country, as tional attacks against U.S. persons. Despite these limitations, a variety well as any diplomatic personnel pro• During 1983, several violent terror• of statutes did exist which gave the FBI tected by the Vienna Conventions while ist acts occurred , directed specifically at some extraterritorial authority to investi• they are overseas. U.S. personnel overseas. On April 18, gate terrorist crimes committed over• -Crimes Against Select United 1983, the American Embassy, Beirut, seas. Chief among these statutes were States Officials (18 U.S.C. 111 , 351 , Lebanon , was bombed by an im• the following: 1114, 1201 (a)(5), 1751) The United provised explosive device deployed in a ­Aircraft Piracy and Related Of• States has jurisdiction to prosecute the pickup truck killing 89 people , 17 of fenses (Title 49, U.S.C., App . 1472 i - n) murder, kidnapping, or assault of its whom were Americans. On October 23, wherein pursuant to the Hague Con• major Government officials (The Presi• 1983, the 24th Marine Amphibious Unit vention , the Federal Aviation Act of dent and his staff, the Vice President which was assigned as part of the multi• 1958 prohibited the seizure, by force or and his staH, Members of Congress, national peace-keeping force was violence, of any aircraft within the spe• Supreme Court Justices, the heads of bombed in Beirut, killing 255, 241 of cial aircraft jurisdiction of the United Executive Departments and their sec• whom were U.S. military personnel. States, interference with the flight crew onds in command, the Director and The Attorney General authorized while aboard such aircraft, the carrying Deputy Director of the CIA, and deSig• explosives specialists from the Labora• of concealed weapons or explosives nated law enforcement officials). tory Division of the Federal Bureau of aboard such aircraft and the commis• -Crimes Committed Within the Investigation to provide on-site assist• sion of certain crimes while aboard Special Maritime Jurisdiction of the ance in the collection and analysis of such aircraft. (Murder - 18 U.S.C. 1111 ; debris from these bombings. The tech•

______October 1987 I 29 "The United States has jurisdiction to prosecute the murder, kidnapping, or assault of its major Government officials .... " nical assistance had been provided at must be present: SAA) of 1986 (Public Law 99­399) .10 the request of the military. Materials re- 1) The offender or the person This act consists of 13 titles and is di- covered from the scene currently are in seized or detained is a national of rected at providing enhanced diplo- the FBI Laboratory for further examina- the United States, matic security, as well as combating in- tion and testing. The purpose of this fo- 2) The offender is found in the ternational terrorism. Title 12 of this act rensic examination was to develop in- United States, or creates extraterritorial jurisdiction for in- formation concerning the perpetrators 3) The governmental organization vestigating any terrorist murder or man- and the construction and deployment of sought to be compelled is the Gov- slaughter of and serious bodily injury on the explosive devices used in the ernment of the United States.9 any U.S. national abroad . To ensure bombings . Experience gained from that this statute is used only for its in- these incidents has revealed the impor- New Era tended purpose, this act requires that tance of investigations in an effort to ob- As a result of the new legislation , a the Attorney General certify that in his tain evidence for prosecuting terrorists. new era began for the FBI of expanded jUdgment, such offense was intended to By 1984, the President and Con- involvement in the investigation of inter- coerce, intimidate, or retaliate against gress reacted to these and similar acts national terrorism because of congres- the U.S. government or civilian popula- of terrorism by passing new legislation, sional application of extraterritorial ju- tion." which was signed into law. On October risdiction to these statutes. Within 2 All of the above statutes provide 12, 1984, the President signed the years, FBI personnel were investigating that where specified conditions are sat- Comprehensive Crime Control Act a series of international terrorism inci- isfied, charges can be brought against (CCCA) of 1984 establishing a new dents abroad in which extraterritorial ju- a perpetrator and arrest warrants is- Federal statute, the Hostage Taking risdiction was exercised. Among the sued, regardless of where in the world statute,? to implement the International most noteworthy were the following : the particular violation occurs and that Convention Against the Taking of Hos- 1) June 1985: Hijacking of TWA prosecution by the United States can tages ,a which was ratified by Congress Flight 847 (Hostage Taking , Crime take place in the event that the per- in 1981. The statute became effective Aboard Aircraft, Air Piracy), petrator can be brought within the ter- on January 6, 1985, when the United 2) October 1985 : Hijacking of ritorial jurisdiction of the United States. States became a· party to the conven- Achille Lauro (Hostage Taking, Pi- Once a warrant is issued, it will con - tion after having deposited its instru- racy) , strain the movements of the subject of ments of ratification with the United Na- 3) November 1985: Hijacking of the warrant by preventing him or her tions on December 7, 1984. Egypt Air Flight 648 (Hostage Tak- from entering countries with which the The statute provides that ing , Crime Aboard Aircraft, Air Pi- U.S. Government has judicial assist- "whoever, whether inside or outside the racy) , ance treaties. Consequently, should the United States, seizes or detains and 4) April 1986 : Bombing of TWA subject ever be located in a country will- threatens to kill, to injure, or to continue Flight 840 (Crime Aboard Aircraft, ing to extradite him , the legal mecha- to detain another person in order to Destruction of Aircraft), nisms will already be in place. Once lo- compel a third person or a governmen- 5) September 1986: Hijacking of cated, attempts would be made to bring tal organization to do or abstain from Pan Am Flight 73. (Hostage Tak- the fugitive to the bar of justice in the doing any act as an explicit or implicit ing , Murder of U.S. National, At- United States through legal means , condition for the release of the person tempted Air Piracy, Aircraft Sabo- such as extradition proceedings. detained, or attempts to do so , shall be tage). However, if the fugitive is brought within punished by imprisonment for any term In many of the foregoing investiga- the jurisdiction by means other than ex- of years or for life." If the conduct of the tions, indictments are pending against tradition , the U.S. Government is not offense occurs outside the United the persons allegedly responsible for precluded from prosecuting the sub- States , one of the following factors the terrorist acts. ject. 12 On August 27, 1986, the President It is recognized that the United signed into law the Omnibus Diplomatic States would probably not be able to Security and Antiterrorism Act (OD­ extradite the perpetrators of terrorism offenses from some countries ;

30 I FBI Law Enfo rcement Bulletin ______Bombing aboard TWA Flight 840. however, it is possible that the United the permission of that government. Nor• with the support and the cooperation of States would subsequently locate them mal procedure in these matters is to ob• the host government. in another country which would agree to tain permission to deploy a team of FBI What is significant regarding the release them to the United States either investigators through the State Depart• CCCA of 1984 and OSDAA of 1986 is formally (i.e. , pursuant to a bilateral or ment. Once permission has been re• that these laws provide for the prosecu• multilateral extradition treaty) or infor• ceived and the team is deployed, rela• tion of violators of Federal law in crimes mally.13 tions with authorities of the host country committed outside the territorial juris• The fact that the United States has are normally effected through the U.S. diction of the United States. As such , in• laws granting extraterritorial jurisdiction Embassy. In all cases, the FBI carries vestigations conducted considerable does not imply that the FBI can become out the investigation in these matters distances from our shores present operational in a foreign country without

______October 1987 I 31 "This new legislation, for the first time, presents a situation where efforts can be made to prosecute individual terrorists of any nationality located in any country."

unique problems entirely different from ing the notes, could be subpoenaed by IInent part: "The Attorney General may appoint officials- those previously encountered by the the defense for trial. U.S. intelligence (1 ) to detect and prosecute crimes against the FBI. The FBI is now placed in the deli- United States; agencies are understandably con - . . . ; and cate position of establishing functional, cerned at having the thrust of their (3) to conduct such other investigations regarding offiCial matters under the control of the De· logistical , and operational liaison be- questions and the intelligence on which partment of Justice and the Department of tween the investigative foreign law en- these questions are based revealed in State as may be directed by the Attorney General." forcement agency, the American Em- open court and possibly examined by This section is implemented by 28 CFR Section 0.85. bassy, the Central Intelligence Agency hostile foreign intelligence services. which provides: "The Director of the Federal Bureau of Investigation and often, U.S. military intelligence in shall: (a) tnvestigate violations of the laws, including the the country(s) in which these incidents Conclusion criminal drug laws, of the United States and collect evi· dence In cases In which the Untted States IS or may be a occur. Often during these investiga- It is clear that violent acts of inter- party In Interest, except In cases In which such respon· slbility is by statute or otherwise specifically assigned to tions, the FB I's duties and obligations national terrorism in the Middle East, another investigative agency. ..." mandated by law in criminal procedural Europe, and possibly the United States NatIOnal Security Decision Directives designate the FBI as the lead agency within the Department of Justice matters are not fully understood by will continue at an increasing rate as for operalional response for terrorist incidents which take agencies outside the FBI. the United States solidifies its position place within U.S. territory. The lead agency concept was first implemented In 1982. The FB I's role in terrorism matters of not negotiating with terrorists and en- 5From the early League of Nations resolutions in the abroad is to investigate criminal acts 1930's to the reports and conventions drawn up and de· acts antiterrorism legislation. Libyan bated dUring the United Nations Sixth (Legal) Committee found to be in violation of Federal crimi- and Iranian support of terrorism through throughout the 1970's, the International community has been unable to define terrorism. See 29 U.N. GAOR 6th nal laws, to include collecting evidence surrogate groups has demonstrated Comm. (1471st Mtg.) at 42. See also, Bouthoul, " Defini· which will ultimately bring a suspect to that they have no hesitation in causing tions of Terrorism," in International Terrorism and World Security (D. Carlton and C. Schaerf ed. 1975). The FBI de· trial. This new legislation , for the first massive loss of life. The taking of Amer- fines terrOrism as the unlawful use of force or violence time, presents a situation where efforts ican hostages for political gains will against persons to Intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance can be made to prosecute individual likely continue as long as any foreign of political or SOCial obJectives. terrorists of any nationality located in SAs to the death penalty Issue, the Supreme Court government uses international terror- struck down the death penalty provIsions of many laws in any country. The FBI is tasked with in- ism as an important part of their foreign Furman v. Georgia, 408 U.S. 238 (1972) and Gregg v. Georgia, 428 U.S. 153 (1976). Following the decisions of vestigating these terrorist incidents policy, and/or refuse to extradite the Furman and Gregg , Congress enacted the death penalty abroad with the goal of building a case persons responsible for making war on provIsion of the air piracy statute, taking into consideration these constltulional challenges to the death penalty stat· for prosecuti on . This has caused new U.S. citizens. [F~~ utes. To implement the death penalty provIsions of the air challenges in the intelligence com- piracy statute at thiS lime, It IS necessary to prescribe ade· quate procedures or gUidelines for its enforcement. To munity, in that, no longer is our over- date, no Federal guidelines have been established for the Footnotes seas mission only for intelligence use of the death penalty in Federal cases. However, there 1 Evidence developed by foreign police agencies in is some impetus to have the U.S. Sentencing CommiSSion gathering but also for prosecution. In FBI cases had been, on occaSIon, successfully introduced draft standards for the imposition of the federal death in courts of law in the United States, but generally that evi· penalty. th is vein, certain constitutional pro- dence collection effort was strictly voluntary on the part of 718 U.S.C. Sec. 1203. cedural righ ts apply which previously the foreign local pohce and conducted withIn the paramo 81nternatlonal ConventIon AgaInst the TakIng of Hos· eters of both their willingness and abJilty to perform that tages, 17 December 1979, U.N. GAOR (XXXIV), N341819. were not applicable when only collect- effort as requested by the FBI. This voluntary assistance 918 U.S.C. Sec. 1203. ing intelligence information, For exam- of foreign police created difficulties, sInce the method of 1018 U.S.C. Sec. 2331. evidence collection could neither be controlled nor super· ll ld. ple , searches conducted by U.S. vised by the FBI. 12The Ker·Fflsbie doctrine holds that regardless of agents require fourth amendment 2United States v. Layton, 509 F. Supp. 212 (N.D. Cal. the manner In whIch the accused is brought Within the ju· 1981), appeal dismissed, 645 F.2d 681 (9th Cir. 1981), rlsdlctlon of the court, the court wJlI still exercise its juris· restrictions; the fifth amendment self- cert. denied, 452 U.S. 972 (1981). diction over the accused. (See Ker v. fIIinols, 119 U.S. 436 31n Layton, the court stated that the Crimes Against (1886); Fflsbie v. CoWns, 342 U.S. 519 (1952) contra, incrimination provisions may attach to Internationally Protected Person statutes were enacted to United States v. Toscanino, 500 F.2d 267 (2d Cir. 1974) confessions; the CIA and U,S. military implement the Convention of the Prevention and Punish· (suggesting that outrageous means of bringing a defend· ment of Crimes Against Internationally Protected Persons, ant into a court's territorial Jurisdiction might constitute a intelligence agencies have had to be 28 U.S.T. 1975, T.I.A.S. No. 8532. That convention Indi· violatIon of "due process rights"). apprised of the possible ramification of cates that the contracting states are to have jurisdiction 131t is not unusual for persons wanted in thIS country over crimes against internationally protected persons 14 to be obtaIned from foreign nations by means less formal the Jencks Act and the Bruton Rule ,15 when the VIctim is a representative of that country. (See than extradition, e.g., deportation. Indeed, Larry Layton wherein the possibility exists that the Paragraph 1 (c), Article 3 of the Convention.) The court (supra) was not extradIted, but rather merely placed by the concluded In Layton that in enacting legislation Implement· Guyanese government on an airplane bound for the notes of interviews of subjects and wit- ing the convention, Congress intended to meet all ItS ob"· United States. gations under the convention's terms . 14 18 U.S.C. 3500 Jencks v. United States, 353 U.S. nesses, as we ll as the individuals mak- 4The basic authority for the conduct of investIgations 657 (1957) by the FBI is 28 U.S.C. Secllon 533 which provides, In per· 15Untted States v. Bruton , 391 U.S. 123 (1968).

32 I FBI Law Enforcement Bulletin ______Unusual Pattern

This interesting pattern is given the preferred classification of a tented arch and is referenced to a loop classi• fication. The left delta is positioned on the only potential recurve and does not possess a recurve in front of it, thus precluding whorl consideration. The right delta does not possess a suffi• cient recurve required for loop inter• pretation. The resultant classification is tented arch with the loop reference dic• tated by the possibility existing in con• junction with the right delta.

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The Bu//etin Notes

Trooper First Class John R. Kitch of the Mississippi Highway Patrol , Gulfport, MS, while on routine patrol on January 24, 1986, alertly observed an unknown individual harassing a parked truck driver. Trooper Kitch contacted the truck driver via CB radio and was advised that the individual appeared to be intoxicated or crazy. As Trooper Kitch approached, the individual fled, and a high speed chase ensued through southeast Mississippi and into Alabama, where Alabama au• thorities had set up a roadblock. The individual was finally apprehended, and Trooper Kitch recovered a .2S-cali• ber weapon at the scene. The individual was identified as a subject wanted by Louisiana au• thorities on two unrelated murders Troop er Kitch committed on or about January 20, 1986, with a .2S-caliber weapon. The Bulletin joins Trooper Kitch's superiors in the Mississippi Highway Patrol in acknowledging this aggres• sive action.