Senator Grassley Letter to FBI Director Mueller re: Spike Bowman

February 25, 2003

The Honorable Robert S. Mueller
Director
Federal Bureau of Investigation
935 Pennsylvania Avenue, NW
Washington, DC 20535

Dear Director Mueller:

I am writing to you about your "Presidential Rank Award" to Marion "Spike"Bowman and the FBI's response to my January 9 letter about the matter.

Today, Sen. Leahy, Sen. Specter and I released a report of our investigation into the FBI's problems implementing the Foreign Intelligence Surveillance Act (FISA). In addition to the cultural and systemic problems plaguing the FBI and the processing of FISA warrants, the report highlighted problems with the National Security Law Unit.

The report shows that Mr. Bowman (named as "Attorney #1" in the report) and three other attorneys who work with him could not provide the legal definition of "probable cause," which is one element needed to obtain a FISA warrant. (Pages 43-44).

The two supervisors at headquarters who handled the Zacarias Moussaoui case also did not understand the basic elements of FISA, even though they were questioned in July of 2002, long enough after the attacks of September 11, 2001 for them to re-examine the facts of the case and to refresh their understanding of the relevant legal concepts. Mr. Bowman bears a great deal of responsibility for their obvious lack of training.

This is one reason why I was so concerned about the award you granted him, and the message it sends to agents in the field.

In my original letter, I asked that you read the transcript of this session so you could see the evident problems first hand. I understand that another FBI official read the transcript instead. This person stated in the FBI response letter that you are "already generally familiar with the issues raised at that hearing." Yet the letter omits any mention of the deficiencies Bowman and the other attorneys demonstrated. The transcript of the sessions makes the problems plain and explicit.

Our report on the FBI's FISA problems is hardly the only record of this issue. The Joint Inquiry of the Intelligence Committees, in particular, highlighted FISA problems at the FBI, particularly in the Moussaoui case. All of these problems are not Mr. Bowman's fault, but many of them have occurred during Mr. Bowman's tenure. This is another reason I was concerned by the award. Yet it seems the FBI is reluctant to admit mistakes, a problem I had hoped you would fix. I appreciate the biographical information about Mr. Bowman and an explanation of his duties and accomplishments. I do not doubt his work ethic, integrity or patriotism. I do question his judgment in a particular case. This case, in a substantive sense, was an important indicator of the attacks of September 11, 2001. In a symbolic sense, the case and all of its problems were indicative of what needs to be fixed at the FBI, particularly with regards to FISA and headquarters personnel.

We obviously disagree on this matter, but I had hoped you or your representative would have taken the transcript of our interview of Mr. Bowman and others more seriously. Perhaps the report released today can explain my concerns more fully.

In the future, I hope more care is taken in granting the "Presidential Rank Awards."

Sincerely,

Charles E. Grassley
Member

Senator Wants FBI To Explain Bonus For Official in 9/11 Case

The Washington Times reports:

FBI Director Robert S. Mueller III has been asked by a senior member of the Senate Judiciary Committee to justify an award he gave to an FBI official who refused requests by Minneapolis agents for a warrant to search the computer of terror suspect Zacarias Moussaoui.

Sen. Charles E. Grassley, Iowa Republican, described as "shocking" Mr. Mueller's decision to give the Presidential Rank of Meritorious Service award to Marion "Spike" Bowman, head of the FBI's national security law unit.

"By granting this award and a monetary bonus, you are sending the wrong signal to those agents who fought sometimes against senior FBI bureaucrats at headquarters to prevent the [September 11] attacks," Mr. Grassley said in a letter Thursday to Mr. Mueller.

FBI agents in Minneapolis, advised that Moussaoui, 33, a French Moroccan, was seeking flight lessons, had sought a secret Foreign Intelligence Surveillance Act (FISA) warrant to search his computer, but FBI officials in Washington refused, saying there was insufficient probable cause.

The agents had gathered information, including intelligence from officials overseas, that Moussaoui was tied to terrorism suspects. He was detained a month before the September 11 attacks after officials at a Minneapolis flight school called authorities when he offered to pay cash to learn how to fly a Boeing jetliner.

A senior FBI agent in Minneapolis later complained in a letter to Mr. Mueller that bureau executives in Washington had blocked the Moussaoui investigation because they did not understand the significance of his arrest.

Agent Coleen Rowley, chief principal legal assistant, said the agents faced a "roadblock" when they sought the Moussaoui search warrant, and they became so frustrated at the lack of response that they sought to bypass the chain of command and notify the CIA directly but were reprimanded.

Mr. Mueller has told reporters that lawyers at FBI headquarters found insufficient probable cause and denied the request. He has since referred the matter to the Justice Department's Office of Inspector General for review.

Moussaoui was indicted in December by a federal grand jury in Alexandria on six counts of conspiracy. Four of the counts could result in the death penalty.

The award was given to Mr. Bowman during a ceremony on Dec. 4 in Des Moines, Iowa, which recognized "exceptional performance" by nine senior managers. In a statement, Mr. Mueller said those honored "are strongly linked to our counterterrorism efforts," citing investigations into the bombings of two U.S. embassies in Africa and the USS Cole, as well as the September 11 attacks.

The awards included cash bonuses of between 20 percent or 35 percent of each recipient's base salary.

The Judiciary Committee has been investigating FISA problems at the FBI, including holding closed hearings where Mr. Bowman and others were questioned about the Moussaoui case.

Mr. Grassley said a 26-page electronic communication from the Minneapolis agents contained information that "a reasonable person would have concluded" was sufficient to obtain a FISA warrant.

He said the application should have gone forward to the Justice Department and the FISA court.

Instead, he said, FBI Supervisory Special Agent Michael Maltbie concluded there was not enough information and that Mr. Bowman agreed, although he was aware Mr. Maltbie had "removed certain information before making a presentation of questionable accuracy and length to the national security law unit."

Mr. Grassley said if the application had gone forward and a warrant issued, the agents would have found information in Moussaoui's belongings linking him both to a major financier of the hijacking plot and to an al Qaeda boss who met with at least two other hijackers while under surveillance by intelligence officials.

"You have given an award and extra money to a bureaucrat at headquarters who is seen by many as having stymied the work of field agents," he said.

In the letter, Mr. Grassley asked for information on how and why Mr. Bowman was selected for the award and how much money he received because of it. Mr. Grassley gave the director until Jan. 27 to respond.