ASHINGTON, Sept. 15 ?The Congressional leaders who
oversee the nation's intelligence system have concluded that
America's spy agencies should be allowed to combat terrorism with
more aggressive tactics, including the hiring of unsavory foreign
agents.
The attacks on the World Trade Center and the Pentagon have also
revived discussion of reversing the United States' 25-year ban on
using covert agents to assassinate foreigners. A consensus has not
been reached on that point.
But after the attacks, the chairman and vice chairman of the
Senate intelligence committee, the chairman of the House
intelligence committee and two former directors of central
intelligence said the attacks justified easing some restrictions on
the behavior of spy agencies. Some of those leaders also said the
terrorist assault represented a colossal failure of American
intelligence.
"We have got to be a hell of a lot more aggressive," said Senator
Richard C. Shelby, Republican of Alabama and vice chairman of the
Senate intelligence committee.
R. James Woolsey, the former director of central intelligence,
said that "Washington has absolutely undergone a sea change in
thinking this week."
Those comments reflect a turning point in the attitude of
political leaders toward the need for sharp limits on the extent and
nature of covert operations and perhaps for allowing American agents
to carry out the kinds of actions that have long been prohibited as
too ruthless or morally questionable.
They also reflect a strong public sentiment for a powerful, and
prolonged, American assault on the terrorist organizations
responsible for the deaths of thousands of people in New York and
Washington, and others like them. A New York Times/ CBS News poll
conducted late last week showed that 65 percent of those questioned
say American agents should be allowed to seek out and assassinate
people in foreign countries who commit terrorist acts against
Americans.
For the moment, the C.I.A. is not pressing Congress or the White
House to change its rules. Administration officials said they
understood that for many Americans the ban on assassinations was a
significant symbol of the nation's role as a standard-bearer of
ethical conduct. Under current law, President Bush would have to
authorize personally any such change in the existing executive order
governing intelligence operations.
But the public discussion among influential members of Congress
about freeing the C.I.A. from restrictions on the recruitment of
criminals and known abusers of human rights as informants and about
outlaw assassinations stems from a growing debate over the causes of
what many in Washington are now calling the nation's biggest
intelligence lapse since the surprise attack on Pearl Harbor in
1941.
In the 25 years since Congressional hearings disclosed the
agency's role in assassinations and dirty tricks overseas, the
government has imposed increasingly tighter rules and Congressional
oversight of the conduct of America's spies. C.I.A. officers, for
example, are not permitted to foster a plot that has the explicit
goal of killing a terrorist leader.
But Congressional leaders said the C.I.A. should be put on a war
footing and given the freedom not only to penetrate but also to
destroy tightly knit terrorist organizations.
"Not everybody is playing by Marquess of Queensberry rules," said
Representative J. Porter Goss, a Florida Republican who is chairman
of the House Permanent Select Committee on Intelligence when asked
if he would support an end to the ban on assassinations of foreign
leaders, first imposed by President Gerald R. Ford in 1976.
Senator Bob Graham, a Florida Democrat who is chairman of the
Senate Select Committee on Intelligence, is now willing to end
limits on the C.I.A.'s recruitment of agents ?spies ?who have
committed human rights violations, his spokesman said on Friday.
But one influential lawmaker warned that proposals to unleash
intelligence agencies should be carefully considered.
Representative Tom DeLay of Texas, the majority whip, said that
while the C.I.A. should beef up its human intelligence gathering
ability, officials should not move rashly to lift the ban on
assassinations.
The nation is understandably "a little panicky," Mr. DeLay said.
But he added, "I think we need to be very clearheaded, very
deliberative, about where we're headed."
Tighter restrictions on whom the C.I.A. can recruit as spies were
imposed in the mid-1990's after disclosures about the agency having
had ties to a Guatemalan Army officer implicated in the killing of
an American and the husband of another American. Although it is
unclear whether the guidelines have ever really undercut the
C.I.A.'s operations against terrorist organizations, the agency's
officers have complained in the past that the rules were symbolic of
a broader caution that took hold at the agency in the 1990's, when
managers rejected high-risk operations for fear they would fail or
lead to political scandal.
Senator Graham's spokesman, Paul Anderson, said, "The senator
said something today that I hadn't heard him say before, and that is
that we are not going to find the kinds of spies we need in
monasteries."
Senator Graham said immediately after Tuesday's attacks that he
was also willing to reassess the assassination ban. Mr. Anderson,
the spokesman, said Mr. Graham had since modified his stance, but
only because he had been told by experts that the United States
could get around the ban if it chose to do so, even with the current
legal strictures.
It remains to be seen whether Congressional leaders will continue
to recommend that the C.I.A. be liberated from such restrictions
once the heated passions in the aftermath of Tuesday's attacks begin
to cool. Previous terrorist attacks like the 1998 bombings of two
American Embassies in Africa have been followed by calls to loosen
the limits on the C.I.A.'s operations. Last year, an independent
commission on terrorism recommended that the C.I.A. lift its
guidelines on the use of agents who had committed human rights
violations. The proposals were ultimately not embraced by the
government, and C.I.A officials argued at the time that it was not
necessary to lift these restrictions because they had not hampered
operations.
But the new willingness among lawmakers to allow the C.I.A.
greater latitude underscores the depth of feeling in Washington
about the need to address the intelligence failings exposed on
Tuesday.
Former President George Bush, who served as C.I.A. director under
President Ford, spoke publicly this week about the need to "free up
the intelligence system from some of its constraints."
The militant attitude in Congress comes just weeks after some
American leaders were sharply critical of Israel's use of
assassinations of Palestinian leaders in response to a series of
suicide bombings against Israeli targets. But after Tuesday some
current and former officials said that American security services
might need to adopt some elements of the Israeli approach.
"We've never had the political will and the resolve to treat
terrorism as a real foe," observed Ted Price, a former deputy
director of operations at the C.I.A. "But now we're at war."
One former C.I.A. officer argued that the agency was not
organized to fight an all-out war on terrorism and that other
organizations might ultimately be needed. "The C.I.A. wants to
penetrate these groups, to find out about the next attack," the
former officer said. "But you can never stop all the attacks because
you can never hear about all of them. You can't just spy on these
groups. You have to destroy them. And that's not what the C.I.A. has
been set up to do."
Mr. Woolsey said in an interview on Friday that he had been
steadfastly opposed to lifting the ban on assassinations until this
week's attacks. "Before Tuesday, I was opposed to anything like
that," said Mr. Woolsey, who also supports an end to the
restrictions on the C.I.A.'s recruitment of spies with troubling
background. "But like a lot of people, I've been somewhat shaken in
that conviction by what happened."
The question of whether to change operating orders of the C.I.A.,
which operates outside the United States, is up to President Bush.
The restriction on assassinations is part of a presidential
executive order that could be revoked or rewritten. The rules about
recruiting spies are part of the agency's internal procedures and
could be revised by the director of central intelligence.
But until today, Congress, which has broad oversight powers over
the intelligence community, would almost certainly have weighed in
on an effort by a president to end the ban on assassinations.
For now, the C.I.A. is not pressing Congress or the White House
to support any change in its rules. Beyond quick fixes, the
Congressional intelligence committees are also considering more
fundamental reforms, and have promised to study closely why the
C.I.A. and other agencies were caught by surprise by the attacks
?the largest terrorist operation ever launched against the United
States.
"I'm certain that we are going to find some significant
intelligence shortfalls that contributed to this tragedy on
Tuesday," Senator Graham said.
Intelligence officials defended the performance of the C.I.A.
They emphasized that while the agency had failed to provide a
precise warning of the attack, it had issued repeated warnings ?one
as recently as August ?that the terrorism suspect Osama bin Laden
and his network were seeking to attack the domestic United
States.
"We have stated on a regular basis that bin Laden had declared
that all U.S. citizens were legitimate targets," noted one American
intelligence official. "Could we, should we, have given a tactical
warning? Obviously we would have loved to."
Others note that the problems exposed on Tuesday range far beyond
the C.I.A. and include the lack of coordination of the government's
counterterrorism efforts, which are spread throughout several
agencies.
Critics say the government fails to quickly process and analyze
information that might help unravel terrorist plots. Often, crucial
intelligence is found to have been sitting in the files, but is
recognized as significant only in hindsight, after a terrorist
incident.
For instance, United States officials noted that the C.I.A. had
gathered evidence in August that Khalid al-Midhar, identified on
Friday by the Federal Bureau of Investigation as one of the
hijackers aboard the plane that smashed into the Pentagon, had met
with suspect associates of Mr. bin Laden in Malaysia in January of
last year. Subsequently the C.I.A. determined that some people at
that meeting may have been involved in the plot to attack the U.S.S.
Cole in October 2000.
The C.I.A. also determined that Nawaq Alhamzi, another hijacking
suspect aboard the same plane, had previously traveled to the United
States with Mr. al-Midhar.
In late August, the C.I.A. notified the Immigration and
Naturalization Service that both men should be placed on the watch
list intended to prevent their entry into the United States. The
I.N.S. responded that both men had already gotten into the country,
using their real names.
The F.B.I. was notified, and the bureau began to look for them.
But too late.