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US. Department of Justice
Federal Bureau of Investigation
Washington. D.C. 20535

BEFORE THE COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON CRIME
HOUSE OF REPRESENTATIVES
WASHINGTON, D.C.

MAY 3, 1995

MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE.

I APPEAR TODAY SHARING THE GRIEF AND IMMENSE SADNESS THAT ALL AMERICANS FEEL IN THE WAKE OF THE BOMBING OF THE MURRRAH FEDERAL BUILDING IN OKLAHOMA CITY TWO WEEKS AGO TODAY -- A HORRIBLE EVENT THAT TOOK THE LIVES OF INNOCENT MEN, WOMEN, AND CHILDREN.

MY HEART GOES OUT TO THE FAMILIES AND FRIENDS WHO LOST LOVED ONES IN THE BOMBING AND ITS DEVASTATION. I PRAY TO GOD THAT THE SURVIVORS HAVE A SPEEDY RECOVERY. SINCE THE BOMBING, MY FOCUS AND THAT OF COUNTLESS LAW ENFORCEMENT OFFICIALS ACROSS THE NATION HAVE BEEN ON FINDING THE EVIDENCE THAT WILL IDENTIFY THOSE RESPONSIBLE AND LEAD TO THEIR CONVICTION.

MY SINCERE THANKS AND APPRECIATION GO TO EVERYONE INVOLVED IN THIS MATTER -- ALL OF THE RESCUERS, LAW ENFORCEMENT PERSONNEL, AND THE AMERICAN PEOPLE.

I AM PROUD TO BE THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION. I HAVE SEEN FIRSTHAND -- AT FBI HEADQUARTERS, IN OKLAHOMA, AND KANSAS -- THE TIRELESS EFFORTS THAT ARE BEING MADE TO RESOLVE THIS CASE AND BRING THE PERPETRATORS OF THIS HORROR TO JUSTICE. AT A TIME OF SUCH ADVERSITY, I AM PLEASED TO ASSURE CONGRESS AND THE AMERICAN PEOPLE THAT LAW ENFORCEMENT IS INVESTIGATING THIS CASE IN A MOST ADMIRABLE AN COOPERATIVE FASHION. YOU CAN BE VERY PROUD OF YOUR FBI.

I HAVE SPOKEN WITH PRESIDENT CLINTON DURING THIS CRISIS. THE ATTORNEY GENERAL AND I HAVE BEEN IN VIRTUALLY CONSTANT COMMUNICATION. YOU SHOULD KNOW THAT BOTH OF THEM HAVE BEEN EXTREMELY SUPPORTIVE OF OUR EFFORTS AND I THANK THEM BOTH. I WISH TO ALSO THANK THE PRESIDENT OR THE QUICK AN DECISIVE ACTION WHICH HE HAS TAKEN DURING THE PAST SEVERAL DAYS ABOUT TERRORIST INVESTIGATIONS AND FOR HIS STRONG SUPPORT FOR FULL FUNDING FOR DIGITAL TELEPHONY.

THE ASSISTANCE OF LITERALLY THOUSANDS OF PEOPLE HAS BEEN INSTRUMENTAL TO OUR INVESTIGATIVE EFFORTS. MANY OF THEM HAVE PROVIDED INFORMATION BY WAY OF THE TOLL-FREE NUMBER THE FBI ESTABLISHED: 1-800-905-1514. AS OF YESTERDAY, WE HAVE RECEIVED OVER 14,000 CALLS TO THIS TELEPHONE NUMBER FROM ALL 50 STATES, PUERTO RICO, AND EVERY PROVINCE OF CANADA.

WHEN I TESTIFIED ABOUT TERRORISM LAST MONTH BEFORE THE FULL HOUSE JUDICIARY COMMITTEE, I STATED THAT THE THREAT OF TERRORISM IS VERY REAL, IS A DEADLY MENACE THAT SEEMS ABLE TO STRIKE EARLY ANYWHERE IN THE WORLD, AND THAT IT KNOWS NO BOUNDARIES .

AS AMERICA IS COVERED IN BLOOD IN OKLAHOMA CITY, IT IS APPROPRIATE TO PAUSE A MOMENT AND RECALL SOME OF THE IMMENSE SUFFERING WHICH AMERICANS HAVE ENDURED AT THE HANDS OF TERRORISTS:

* IN APRIL, 1983, THE UNITED STATES EMBASSY IN BEIRUT, LEBANON WAS BOMBED, RESULTING IN 16 DEATHS AND OVER 100 INJURED.

* A SUICIDE TRUCK-DRIVER BOMBED THE UNITED STATES MARINES BARRACKS IN BEIRUT IN OCTOBER, 1983, RESULTING IN 241 DEATHS.

* IN JUNE, 1985, TWA FLIGHT 847 WAS HIJACKED. U.S. NAVY DIVER ROBERT STETHEM WAS BRUTALLY MURDERED BY THE HIJACKER AND HIS BOY WAS DUMPED ON THE AIRPORT TARMAC IN BEIRUT.

* MARINE LIEUTENANT COLONEL WILLIAM HIGGINS, PART OF THE UNITED NATIONS PEACEKEEPING FORCE IN LEBANON, WAS KIDNAPPED IN FEBRUARY, 1988. HE WAS SUBSEQUENTLY MURDERED.

* PAN AM FLIGHT 103 WAS BLOWN UP OVER LOCKERBIE, SCOTLAND IN DECEMBER, 1988. AS A RESULT, 270 PEOPLE WERE KILLED.

* IN FEBRUARY, 1993, TERRORISTS EXPLODED A BOMB BENEATH NEW YORK CITY'S WORLD TRADE CENTER, RESULTING IN SIX DEATHS AND HUNDREDS INJURED.

* JUST LAST MONTH WE WITNESSED THE KILLING OF AMERICAN DIPLOMATIC PERSONNEL IN KARACHI, PAKISTAN.

* TERRORISM HAS NOW EXPLODED INTO MIDDLE AMERICA.

OTHER TERRORIST INCIDENTS SHOULD ALSO BE RECALLED. THE HORROR AT THE 1972 SUMMER OLYMPICS IN MUNICH. THE TERROR PLOTTED IN THE PHILIPPINES IN JANUARY OF THIS YEAR AGAINST U.S. AIR CARRIERS SERVICING THE FAR EAST REGION. WE MUST BE MINDFUL THAT ONE OF THOSE CHARGED IN THAT PLOT -- RAMZI AHMED YOUSEF -- WAS ALSO CHARGED WITH THE BOMBING OF THE WORLD TRADE CENTER. LAST MONTH, THE WORLD WITNESSED A TERRORIST ATTACK IN TOKYO'S SUBWAY SYSTEM.

IN MY TESTIMONY LAST NOT, I STATED THAT "THE FACE AND THE HAD OF TERRORISM ARE HANGING DRAMATICALLY..." THE MOST PROMINENT INTERNATIONAL TERRORIST THREAT HAS BEEN THE EMERGENCE OF INTERNATIONAL EXTREMIST GROUPS THAT USE CRIME AND VIOLENCE TO FURTHER THEIR POLITICAL, SOCIAL, AND ECONOMIC OBJECTIVES.

AS THE BOMBING IN OKLAHOMA CITY MAKES CLEAR, HOWEVER, AMERICANS WITH SUCH AIMS MUST ALSO BE CONSIDERED IN OUR PROFILE OF A TERRORIST. WE CANNOT PROTECT OUR COUNTRY, OUR WAY OF LIFE, OUR GOVERNMENT AND THE DEMOCRATIC PROCESSES THAT ENSURE OUR FREEDOMS AND LIBERTIES IF WE FAIL TO TAKE SERIOUSLY THE THREAT OF TERRORISM FROM ALL SOURCES -- FOREIGN AND DOMESTIC. THERE IS NO REAL DIFFERENCE BETWEEN ATTACKS PLANNED OR PERPETRATED AGAINST U.S. CITIZENS HERE OR ABROAD. OUR LAW ENFORCEMENT RESPONSE MUST BE THE SAME, REGARDLESS OF WHETHER THE PLAN OR ATTACK IS ORGANIZED AND DEPLOYED BY AN AMERICAN OR A CITIZEN OF ANOTHER COUNTRY, WHETHER THE FUNDS SUPPORTING THE ATTACK ARE RAISED LOCALLY OR PROVIDED BY FOREIGN GOVERNMENTS.

HOWEVER, THE CURRENT SCOPE OF FEDERAL CRIMINAL LAWS DOES NOT REACH SOME VERY POSSIBLE AND TRULY FRIGHTING TERRORIST ACTIVITY. SUCH ACTIVITY COULD EASILY BE THE BASIS OF CAMPAIGN TO AFFECT THE OPERATION OF THE UNITED STATES GOVERNMENT AND DESTROY THE SAFETY AND CONFIDENCE OF THE AMERICAN PUBLIC.

FOR EXAMPLE, IF, ACTING WITHIN A SINGLE STATE, A TERRORIST ORGANIZATION ENTERED INTO A CAMPAIGN OF ASSASSINATION, KILLING NON- FEDERAL OFFICIALS, LEADERS OF PRIVATE INTEREST GROUPS AND MEMBERS OF THE GENERAL PUBLIC, THIS ACTIVITY COULD FALL ENTIRELY OUTSIDE OF FEDERAL CRIMINAL JURISDICTION.

SIMILARLY IF A TERRORIST ORGANIZATION PUT UP POSTERS THREATENING TO KILL OR INJURE NON-FEDERAL OFFICIALS, LEADERS OF PRIVATE INTEREST GROUPS AND MEMBERS OF THE GENERAL PUBLIC, THE FBI WOULD BE HARD PRESSED TO ARTICULATE A LEGAL BASIS FOR INVESTIGATING THIS ACTIVITY.

PERHAPS MOST FRIGHTENINGLY, IF A TERRORIST OR TERRORIST ORGANIZATION ACTING WITHIN A SINGLE STATE CONSTRUCTED BOMBS OF INCENDIARY DEVICES WITH INGREDIENTS THAT DID NOT CROSS STATE LINES AND PROCEED TO BOMB OR BURN NON-GOVERNMENT OWNED ABANDONED BUILDINGS, OR MANY PRIVATE RESIDENCES, THE FBI PROBABLY COULD NOT INVESTIGATE.

FEDERAL JURISDICTION FOR THE TERRORIST ATTACK IN OKLAHOMA CITY IS PLAINLY BASED ON TITLE 18, UNITED STATES CODE, SECTION 844(F). THAT LAW PROHIBITS THE DESTRUCTION, BY MEANS OF FIRE OR AN EXPLOSION, OF ANY BUILDING IN WHOLE OR IN PART OWNED, POSSESSED, OR USED BY THE UNITED STATES OR ANY DETENT OR AGENCY THEREOF. BECAUSE DEATH RESULTED, THE DEATH PENALTY APPLIES.

THE EXAMPLES I MENTIONED BEFORE, HOWEVER, ILLUSTRATE THE SERIOUS GAPS IN THE FEDERAL CRIMINAL LAWS PRESENTLY USED TO COMBAT TERRORISM. THERE IS A NEED, THEREFORE, FOR A COMPREHENSIVE FEDERAL LAW AGAINST ACTS OF TERRORISM COMMITTED IN THE UNITED STATES.

WITH THE TRAGEDY IN OKLAHOMA CITY, WE MUST INTENSIFY OUR FOCUS ON THE THREAT TO AMERICA FROM WITHIN -- BY INDIVIDUALS A DOMESTIC GROUPS WHICH MAY HAVE NO FOREIGN CONNECTIONS.

TERRORISM IS BEST PREVENTED BY ACQUIRING, THROUGH LEGAL AND CONSTITUTIONAL MEANS, INTELLIGENCE INFORMATION RELATING TO GROUPS AND INDIVIDUALS WHOSE VIOLENT INTENTIONS THREATEN THE PUBLIC OR OUR NATION'S INTERESTS.

SINCE THE 1970'S, THE FBI HAS OPERATED IN ACCORDANCE WITH THE GUIDELINES ISSUED BY ATTORNEYS GENERAL. THOSE GUIDELINES WERE ISSUED IN RESPONSE TO PRIOR PERFORMANCE BY THE FBI. SINCE THEN, INTELLIGENCE GATHERING AND INVESTIGATIVE AUTHORITIES HAVE DEPENDED, IN LARGE PART, ON WHETHER THOSE WHO ENGAGE IN TERRORISM ARE IDENTIFIED AS A DOMESTIC GROUP OR AN INTERNATIONAL GROUP.

A DOMESTIC TERRORISM INVESTIGATION MAY BE INITIATED ONLY WHEN THE "FACTS OR CIRCUMSTANCES REASONABLY INDICATE THAT TWO OR MORE PERSONS ARE ENGAGED IN AN ENTERPRISE FOR THE PURPOSE OF FURTHERING POLITICAL OR SOCIAL GOAL, WHOLLY OR IN PART, THROUGH ACTIVITIES THAT INVOKE FORCE OR VIOLENCE AND A VIOLATION OF THE CRIMINAL LAWS OF THE UNITED STATES." AS YOU KNOW, THE SPECIFIC REQUIREMENTS FOR INTERNATIONAL TERRORISM INVESTIGATIONS ARE CLASSIFIED.

THERE IS A BROAD RANGE OF THREATS CONFRONTING THE UNITED STATES. MANY ARE EXTERNAL. SOME, AS WE HAVE ALWAYS KNOWN, ARE INTERNAL. WE MUST BE AS CONCERNED ABOUT AN INDIVIDUAL OR A GROUP OF AMERICANS PLANING TO BOMB AN OFFICE BUILDING AS WE ARE OF AN INDIVIDUAL OR GROUP OF FOREIGNERS PLANNING TO DO THE SAME THING.

UNFORTUNATELY, THERE ARE INDIVIDUALS AND SEVERAL GROUPS IN THE UNITED STATES THAT ARE ARMING THEMSELVES FOR POLITICAL CONFLICT WITH LAW ENFORCEMENT OR GATHERING WEAPONS TO FURTHER A SOCIAL OR POLITICAL CAUSE. I AM GREATLY CONCERNED ABOUT TERRORIST ATTACKS HERE ON AMERICAN SOIL. THE ATTACKS ARE NOT ONLY AGAINST ONE OR TWO INDIVIDUALS -- THE EFFORT, AS IN OKLAHOMA CITY, WILL BE TO MURDER AS MANY AS POSSIBLE THROUGH A SINGLE BLOW.

I DO NOT SUPPORT BROAD AND UNDEFINED INTELLIGENCE COLLECTION EFFORTS -- BUT LAW ENFORCEMENT HAS TO KNOW SOMETHING ABOUT THOSE INDIVIDUALS AND GROUPS ADVOCATING DEADLY VIOLENCE IN THE FURTHERANCE OF THEIR CAUSES. THE FIRST RULE OF SELF-DEFENSE IS TO KNOW THE ENEMY WHO INTENDS TO DESTROY YOU.

INTELLIGENCE SERVES A VERY USEFUL PURPOSE AND HELPS TO PROTECT THE AMERICAN PEOPLE. IT SHOULD NOT BE CONSIDERED A "DIRTY WORD."

I DO NOT WANT MY REMARKS TO BE INTERPRETED AS ADVOCATING INVESTIGATIVE ACTIVITY AGAINST GROUPS EXERCISING THEIR LEGITIMATE CONSTITUTIONAL RIGHTS OR TARGETING PEOPLE WHO DISAGREE WITH OUR GOVERNMENT. THE FBI IS ENTIRELY COMFORTABLE WITH THE CONSTITUTION, DUE PROCESS RIGHTS, CONGRESSIONAL OVERSIGHT, LEGAL PROCESS, AND THE AMERICAN JURY SYSTEM. THEY EACH PROTECT THE AMERICAN PEOPLE AND THE FBI.

LAW ENFORCEMENT IS NOT INTERESTED IN INVESTIGATING LAWFUL ACTIVITY. LAW ENFORCEMENT IS NOT CONCERNED WITH A GROUP SIMPLY BECAUSE OF ITS IDEOLOGY OR POLITICAL PHILOSOPHY. THE FACT IS -- WE DO NOT NEED THE BUSINESS. THE FBI HAS LOTS OF IMPORTANT WORK TO DO IN PROTECTING PEOPLE AND THE UNITED STATES.

THE FBI CANNOT AND SHOULD NOT, HOWEVER, TOLERATE AND IGNORE ANY INDIVIDUALS OR GROUPS WHICH ADVOCATE VIOLENCE -- WHICH WOULD KILL INNOCENT AMERICANS, WHICH WOULD KILL "AMERICA'S KIDS." THEY ARE NOT JUST ENEMIES OF THE UNITED STATES, THEY ARE ENEMIES OF MANKIND.

I APPRECIATE THE OPPORTUNITY TO BE HEAR TODAY. I WELCOME AN HONEST AN DECISIVE DISCUSSION OF THE PROBLEMS AND THE SOLUTIONS. I STRESS THAT I AM APPEARING TODAY IN ORDER TO DESCRIBE THE TERRORISM PROBLEM THE FBI FACES AND WHAT WE NEED TO FIGHT IT. IF THE THREATS TO US AND OUR CHILDREN ARE SUCH THAT CONGRESS WANTS NOW TO REQUIRE THAT CHANGES BE MADE, THEN THE CONGRESS -- ACTING ON BEHALF OF THE AMERICAN PEOPLE -- SHOULD NOT HESITATE TO DO SO.

I CAN ASSURE YOU, HOWEVER, THAT IF CONGRESS CONFERS ADDITIONAL AUTHORITIES UPON THE FBI, THEY WILL BE APPLIED SCRUPULOUSLY. MOST IMPORTANTLY, THEY WILL BE APPLIED CONSTITUTIONALLY, IN THE BROAD DAYLIGHT OF THE PEOPLES' OVERSIGHT.

THE FBI NEEDS TO MEET THE CHALLENGES OF TERRORISM. FOR EXAMPLE:

* AS I TESTIFIED BEFORE, THERE IS NO COMPREHENSIVE FEDERAL ANTI -TERRORISM LAW.

* THERE IS A NEED FOR A SINGLE COUNTER TERRORISM CENTER TO BE RUN BY THE FBI AN SUPPORTED BY OTHER AGENCIES. TO DATE THE UNITED STATES GOVERNMENT HAS NEVER HAD SUCH A CONCENTRATED ABILITY AND FOCUS.

* THERE IS NO PROHIBITION ON TERRORIST FUND-RAISING -- THE LIFEBLOOD OF ANY TERRORIST ORGANIZATION.

* LAW ENFORCEMENT MUST BE ABLE TO TRACE MONEY, EXPLOSIVES, NUCLEAR MATERIALS, AND TERRORISTS.

* THE USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES IN COUNTERTERRORISM AD COUNTERINTELLIGENCE INVESTIGATIONS MUST BE EASED.

* IT IS ABSOLUTELY CRITICAL FOR INVESTIGATORS TO HAVE INCREASED ACCESS -- SHORT OF A FULL-BLOWN GRAND JURY INVESTIGATION -- TO HOTEL, MOTEL, AND COMMON CARRIER RECORDS FOR COUNTERTERRORISM AND COUNTERINTELLIGENCE INVESTIGATIONS.

* THE FBI STRICTLY OBEYS THE LAW. AS WE HEARD THE CONGRESS AND SUCCESSIVE PRESIDENTS AND ATTORNEYS GENERAL TELL US, IT IS CLEAR THAT WE WERE TOLD TO INVESTIGATE DOMESTIC TERRORISTS DIFFERENTLY FROM FOREIGN TERRORISTS. IF THAT IS NOT WHAT THE AMERICAN PEOPLE SPEAKING THROUGH ITS CONGRESS AND PRESIDENT NOW WANT, THEN TELL US AND THE FBI WILL OBEY.

* IN ORDER TO CONDUCT EFFECTIVE COUNTERTERRORISM INVESTIGATIONS, THERE IS A CONTINUING NEED TO RECRUIT SOURCES, INFORMANTS, AGENTS, AND SUPPORT EMPLOYEES FROM A BROAD CROSS- SECTION OF SOCIETY -- HERE AND ABROAD. THAT TYPE OF RECRUITMENT EFFORT, HOWEVER, COSTS MONEY.

* AS WE ENTER THE 21ST CENTURY, THE FBI MUST HAVE FORENSIC CAPABILITIES ON THE STREET AND IN THE LABORATORY THAT ARE ON THE "CUTTING EDGE" OF TECHNOLOGY.

* LAW ENFORCEMENT MUST HAVE THE ABILITY TO COMMUNICATE RAPIDLY BY RADIO AND OTHER FORMS OF WIRELESS COMMUNICATIONS. LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT OFFICERS AND AGENCIES MUST BE ABLE TO TALK AMONG THEMSELVES, SO THAT A STATE TROOPER ON AMERICA'S HIGHWAYS -- LIKE OKLAHOMA -- HAS THE FULL BENEFIT OF LAW ENFORCEMENT'S KNOWLEDGE AS HE APPROACHES CAR WITH A SUSPECT IN IT.

* THERE MUST BE FUNDING FOR LOGISTICAL SUPPORT IN COUNTERTERRORISM OPERATIONS AND ACTIVITIES. THE FBI CURRENTLY RELIES ON THE DEPARTMENT OF DEFENSE FOR THIS SUPPORT. ALTHOUGH THE DEPARTMENT OF DEFENSE HAS BEEN EXTREMELY COOPERATIVE, THE FBI HAS BEEN REQUIRED TO REIMBURSE IT FOR SUPPORT.

* ENCRYPTION CAPABILITIES AVAILABLE TO CRIMINALS AND TERRORISTS ENDANGER THE FUTURE USEFULNESS OF COURT-AUTHORIZED WIRETAPS. WE MUST CONTINUE WORKING TO ADDRESS THIS PROBLEM.

* THERE ARE NO LEGALLY AVAILABLE MEANS TO EXCLUDE AND REMOVE ALIEN TERRORISTS WITHOUT COMPROMISING VITAL NATIONAL SECURITY INFORMATION.

* REWARDS SHOULD BE INCREASED FOR THOSE WHO PROVIDE INFORMATION LEADING TO THE ARREST AND CONVICTION OF PERSONS WHO COMMIT ACTS OF TERRORISM.

IN CONNECTION WITH THE BOMBING OF THE FEDERAL BUILDING IN OKLAHOMA CITY, WE HAVE THUS FAR HAD SOME EXCELLENT INVESTIGATIVE RESULTS. I WILL NOT BE ABLE TO PROVIDE MUCH INFORMATION TO THE COMMITTEE ABOUT THIS INVESTIGATION, BECAUSE IT IS ONGOING AND I DO NOT WISH TO JEOPARDIZE THE INVESTIGATION OR THE PROSECUTIVE EFFORTS THAT WILL ENSUE.

I URGE ANYONE WITH INFORMATION ABOUT THIS TRAGEDY TO COME FORWARD. OUR SUCCESS DEPENDS, IN LARGE PART, ON YOUR HELP.

TO EVERYONE, I PROMISE TO PURSUE THIS MATTER WITH ALL AVAILABLE RESOURCES.

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