The inevitable
Congressional inquiry into the Ft. Hood massacre:
Sen. Joe Lieberman announced [on November 8] that he intends to lead a congressional investigation into the mass shooting at Fort Hood, saying the attack could qualify as a "terrorist act" rooted in Islamic radicalism -- the worst since 9/11.
The Independent Democrat, who chairs the Senate Committee on Homeland Security and Governmental Affairs, said there were "strong warning signs" that the alleged gunman, Maj. Nidal Malik Hasan, was an "Islamist extremist."
"If that is true, the murder of these 13 people was a terrorist act and, in fact, it was the most destructive terrorist act to be committed on American soil since 9/11," Lieberman [said].
Meanwhile, in a report on the Hasan case,
Stratfor, the global intelligence clearinghouse, says that separating "the wheat from the chaff" is on one of the big problems in national security investigations:
Many leads are based on erroneous information or a misidentification of the suspect — there is a huge issue associated with the confusion caused by the transliteration of Arabic names and the fact that there are many people bearing the same names. Jihadists also have the tendency to use multiple names and identities. And there are many cases in which people will falsely report a person to the FBI out of malice. Because of these factors, national security investigations proceed slowly and usually do not involve much (if any) contact with the suspect and his close associates. If the suspect is a real militant planning a terrorist attack, investigators do not want to tip him off, and if he is innocent, they do not want to sully his reputation by showing up and overtly interviewing everyone he knows. Due to its controversial history of domestic intelligence activities, the FBI has become acutely aware of its responsibility to protect privacy rights and civil liberties guaranteed by the Constitution and other laws.
Stratfor also explains that in a departure from the standard operating procedure, the Army’s Criminal Investigation Command (still known by its old acronym CID) rather than the FBI is running the Hasan investigation:
As the premier law enforcement agency in the United States, the FBI will often assume authority over investigations where there is even a hint of terrorism. Since 9/11, the number of FBI/JTTF offices across the country has been dramatically increased, and the JTTFs are specifically charged with investigating cases that may involve terrorism. Therefore, we find the FBI’s absence in this case to be quite out of the ordinary.
However, with Hasan being a member of the armed forces, the victims being soldiers or army civilian employees and the incident occurring at Fort Hood, the case would seem to fall squarely under the mantle of the Uniform Code of Military Justice (UCMJ). From a prosecutorial perspective, a homicide trial under the UCMJ should be very tidy and could be quickly concluded. It will not involve all the potential loose ends that could pop up in a federal terrorism trial, especially when those loose ends involve what the FBI and CIA knew about Hasan, when they learned it and who they told. Also, politically, there are some who would like to see the Hasan case remain a criminal matter rather than a case of terrorism. Following the shooting death of Luqman Ameen Abdullah [in Detroit] and considering the delicate relationship between Muslim advocacy groups and the U.S. government, some people would rather see Hasan portrayed as a mentally disturbed criminal than as an ideologically driven lone wolf.
Despite the CID taking the lead in prosecuting the case, the classified national security investigation by the CIA and FBI into Hasan and his possible connections to jihadist elements is undoubtedly continuing.
Update: The Army has charged the shooter with
13 premeditated murder counts under the UCMJ (making him eligible for the death penalty if found guilty), but as yet no charges related to terrorism or treason. Additional charges may be forthcoming, however.
