22 WebMemo Published by The Heritage Foundation No. 2634 September 29, 2009

26 Foiled Terror Plots Show Success of Information Sharing Jena Baker McNeill

Last week, the FBI, along with its state and local 2. Hosam Maher Husein Smadi. Smadi, a 19-year- counterparts, announced arrests in three terror old Jordanian, was apprehended last week in an plots targeting several American cities. These foiled attempt to plant a bomb in a skyscraper. plots now make 26 publicly known terror plots that He was arrested and charged after agents posing have been disrupted by law enforcement since Sep- as terror cell members gave Smadi a fake bomb, tember 11, 2001. which he later attempted to detonate. These foiled plots demonstrate just how far 3. . Finton, an American citizen, information sharing has come since 9/11. But the was arrested on September 23 by undercover FBI plots also demonstrate that the threat of terrorism agents after attempting to detonate a car bomb has not diminished. Congress and the Obama filled with what he believed to be close to one ton Administration should recognize these threats as a of explosives outside of the Paul Findley Federal reminder that they must work together to facilitate Building and Courthouse in downtown Spring- information sharing from the bottom to the top— field, Illinois. Evidence presented against Finton integrating local, state, and federal entities as well as has shown that he expressed a desire to become the private sector into a well-functioning and seam- a jihadist fighter and was aware that his planned less homeland security enterprise. attack would cause civilian injuries. He has been Three Plots Disrupted. During the week of Sep- arrested on charges of attempted murder of fed- tember 21, the FBI along with respective state and eral employees and attempted use of a weapon of local law enforcement announced the disruption of mass destruction. three terror plots, including the arrests of the three The Right Tools. These three plots should following men: remind Congress and the White House of just how 1. . Zazi, a 24-year-old Afghani, far law enforcement has come since 2001. After the was arrested after purchasing large quantities of attacks of 9/11, it was clear that changes were chemicals used to make a TATP bomb, the same needed to give law enforcement authorities more type of weapon used in the 2005 bombing of the flexibility to conduct investigations and share infor- London Underground and the 2001 “shoe bomb” plot. Zazi had traveled to Pakistan, where he received instruction in bomb making and This paper, in its entirety, can be found at: attended an al-Qaeda training camp. Zazi alleg- www.heritage.org/Research/HomelandSecurity/wm2634.cfm edly planned to detonate TATP bombs on the Produced by the Douglas and Sarah Allison New York City subway. Center for Foreign Policy Studies Published by The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002–4999 (202) 546-4400 • heritage.org Nothing written here is to be construed as necessarily reflecting the views of The Heritage Foundation or as an attempt to aid or hinder the passage of any bill before Congress. No. 2634 WebMemo September 29, 2009 mation. Walls that separated the U.S. government • Expanding the VWP. VWP allows pre-approved from its allies, the FBI from state and local law travelers from member countries to visit the U.S. enforcement, and law enforcement from the private for 90 days without a visa. Since the program sector and private citizens needed to be dissolved in underwent extensive security upgrades in 2007, order to effectively fight terrorism. it has become a valuable security device and a The U.S. addressed these needs by creating the useful tool for public diplomacy and economic Department of Homeland Security (DHS) and expansion. By continuing to add VWP countries, developing terror-fighting legal and investigatory the U.S. can develop even more valuable informa- tools like the PATRIOT Act and an expanded For- tion-sharing frameworks with countries around eign Intelligence Surveillance Act (FISA) to help the globe. ESTA, the program’s online portal, identify, prosecute, and convict terrorists. ensures that the U.S. knows more about foreign travelers before they even reach U.S. soil, allow- The government is also looking to its allies to ing the U.S. to focus on keeping terrorists and increase collective security around the globe other dangerous people out of the country. The through assistance programs and information- White House should work with Congress to sharing agreements like the Visa Waiver Program bring in new countries that meet VWP require- (VWP). And the DHS, born in the aftermath of ments and have a desire to work with the U.S. on 9/11, continues to emphasize the need for law security matters. enforcement partnerships from the grassroots level on up. These relationships, like the Joint Terrorism • Encouraging more information sharing. While Task Forces (JTTF), have helped disrupt the flow of information-fusion centers have helped increase money and resources. In fact, the New York City the flow of information between federal, state, bombed plot foiled this week was a result of an and local law enforcement, more needs to be investigation coordinated by a JTTF. done to continue and expand the free flow of information at all levels of government. Cooper- A Long War. While Congress and the Bush ation with foreign law enforcement agencies is Administration may have started increasing Amer- also essential. DHS should place this information ica’s counterterrorism abilities, maintaining the abil- sharing at the top of its policy agenda. ity to stop terrorism requires diligence, cultivation, and maintenance by Congress and the White House. • Repealing 100 percent scanning and screening mandates. Congress should reassess unworkable President Barack Obama pledged that his mandates, such as the 100 percent scanning and Administration would continue to increase U.S. screening requirements, that monopolize DHS capacity and international partnerships to track time and resources for little to no security gain. down, capture, and kill terrorists around the world. In 2007, Congress enacted these mandates to Congress and the Obama Administration can work require 100 percent of maritime and air cargo to together to fulfill this promise by: undergo scanning and screening, respectively. • Preserving the PATRIOT Act. Reauthorization of But enforcing these mandates is simply not feasi- key provisions of the PATRIOT Act and FISA will ble: It would require technology that is not avail- require congressional support. FISA authorizes able and would slow down the supply chain, electronic surveillance within certain legal limits, disrupting an already struggling global economy. while the PATRIOT Act facilitates cooperation Instead, Congress should repeal these mandates among federal, state, and local agencies in infor- and promote measures such as the Proliferation mation sharing and terrorism investigations. It Security Initiative, a voluntary multilateral effort also establishes mechanisms for conducting sur- of 90 nations to interdict suspicious shipments veillance with modern technologies. But key as a better means of protecting cargo. provisions of the PATRIOT Act expire this year, A Wake-Up Call. These three foiled plots and Congress will need to demonstrate its sup- occurred in the same week that the House and Sen- port by providing prompt reauthorization.

page 2 No. 2634 WebMemo September 29, 2009 ate Judiciary Committees sat down to review reau- down when it comes to keeping Americans free, thorization of the sunset provisions of the PATRIOT safe, and prosperous. Act. The return of potential domestic terror attacks —Jena Baker McNeill is Policy Analyst for Home- to the headlines should serve as a wake-up call for land Security in the Douglas and Sarah Allison Center Congress and the Administration that counterter- for Foreign Policy Studies, a division of the Kathryn and rorism is not a fad or a political tool: It is about Shelby Cullom Davis Institute for International Studies, sending a clear message that the U.S. will not back at The Heritage Foundation.

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