The New York Daily News report this morning about what
appears to have been an al Qaeda supported plot to blow up the
Holland Tunnel in New York in order to flood the Wall Street
financial district is drawing a lot of attention in the blogosphere
on the heels of the New York and LA Times' leaking of
highly confidential intelligence tools that the U.S. was able to
use to track terrorist financing. Why?
Because apparently al Qaeda had promised the purported lead
plotter based in Lebanon financial support. Other plotters
scattered around the world - some presumably in the U.S. - would
have been in need of the funds to purchase explosives, to finance
travel, etc.
We've been talking to a few folks inside DOJ, the FBI and
Treasury this morning, and things are a bit unclear. But this what
we're being told.
Our Treasury source wouldn't comment on the case. One DOJ
source indicated that this case initially took off from monitoring
of chat rooms that had been identified as havens for some of the
plotters (that monitoring was undertaken in part by the NSA, and
some of the monitoring required FISA court filings, something the
the New York Times doesn't support, either).
BTW: another DOJ source said that in the past year,
counter-terrorism officials have noted a marked downturn in the use
of cell phone and landline communications. There are a number of
reasons for this, but they readily point to the NY Times story on
NSA overseas terror-call monitoring as one reason.
Back to this latest case: The chat room activity allowed
investigators to target several individuals, and at that stage, the
DOJ source believes there is a good chance monitoring of certain
bank account activity would have taken place. Without going into
too great a detail, the source explained that U.S. investigators
have identified a series of "tells" - some enabled by SWIFT and
other monitoring tools - that help them determine when the time is
ripe or necessary to move on plotters.
"People have to understand that sometimes just being able to
track these guys for a few weeks not only helps with the specific
case, but we pick up on new techniques the bad guys are using. This
is particularly true if they don't think we're monitoring them.
This case appears to be a good example of this," said our DOJ
source. "The way these guys use ubiquitous technology like chat
rooms, instant messaging, wireless communications, it's really
startling what you pick up when you can lurk undetected.
And most important, we're doing it legally and within the
boundaries set by Congress and the courts.[emphasis
added]"
It is not clear that this case was one of several our sources
claim they discussed in general terms with the New York Times, and
which Treasury and Justice told the Times would be endangered if
they went public with the SWIFT program. It appears the arrest of
the plotter in Lebanon took place before the SWIFT story was
leaked.
But another DOJ source added something interesting to the mix:
"If you go back and look at some of our more successful
anti-terrorism cases, they have focused on taking down entire
networks. How do we do that? From the inside, peeling off a lead
actor, turning him and using him to keep the plot moving forward so
we can trace everyone else, the money, the accounts, the weapons
dealers, everyone. I'll just note that we weren't able to do that
with this case and leave it at that. We could have, but we weren't
able to. You'll have to do the math for the Times."