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The FBI’s Improving Cooperation with FSB

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There were a number of questions about security threats to the Sochi Olympics at the Global Threat hearing the other day. One of them provided Jim Comey the opportunity to say this:

National Counterterrorism Center Director Matthew Olsen: So we’re very focused on the problem of terrorism in the run-up to the Olympics. I would add that I traveled to Sochi last December and met with Russian security officials. They understand the threat; they are very focused on this and devoting substantial resources. The biggest issue, from my perspective, is not the games themselves, the venues themselves; there is extensive security at those locations — the sites of the events. The greater threat is to softer targets in the greater Sochi area and in the outskirts, beyond Sochi, where there is a substantial potential for a terrorist attack.

Dianne Feinstein: Thank you very much. Mr. Comey, would you tell us what you can about cooperation between Russia and your organization?

FBI Director Jim Comey: Certainly, Senator. The cooperation between the FSB and the FBI in particular has been steadily improving over the last year. We’ve had exchanges at all levels, particularly in connection with Sochi, including me directly to my counterpart at FSB, and I think that we have a good level of cooperation there. It can always improve; we’re looking for ways to improve it, as are they, but this, as Director Olsen said, remains a big focus of the FBI. [my emphasis]

In the middle of a hearing at which James Clapper railed against Edward Snowden, claiming that counterintelligence threats — by which he largely meant Snowden — presented the second biggest threat to the country, the FBI Director stated that cooperation between his agency and the Russian spy agency has been improving for the last year (I’m guessing he means it has been improving since the Boston attack, because relations were quite chilly before that).

Snowden’s the second biggest threat to this country, and yet our relations with Russia, and specifically with Russia’s spy agency, have been steadily improving over the entire period Snowden has had asylum in Russia.

I don’t pretend to know precisely what that means.

At a minimum, it poses real questions about the unsubstantiated and whispered claims that Snowden has provided Russia great intelligence on NSA’s activities. After all, if Russia was busy exploiting Snowden’s secrets, it presumably would present challenges for this budding new cooperation between the FSB and those investigating Snowden’s leaks.

(The Global Threats report actually raises the case of Jeffrey Paul Delisle, a Canadian intelligence officer who gave Russia Five Eyes secrets for five years, as proof the Russians are soliciting more spies as part of its cyberwar efforts.)

There is, of course, another (remote) possibility: that we worked out a deal with Russia, whereby they’d give Snowden asylum and report back what he had taken. I have no reason to believe Snowden has shared secrets (though don’t doubt Putin will take whatever he can get his hands on), and the thought that Russia would agree to tell us what Snowden got is far-fetched. Still, Putin’s enough of a statist he might do it (and might misinform us along the way). While far-fetched, if that were the case, though, it’d give the US several things: the security in knowing Snowden was in the hands of security forces who would prevent any non-state or weaker states from getting to him, who were also limiting what Snowden could say publicly. Some clue about what Snowden had taken. And a political situation which would help US efforts to propagndize against Snowden.

Alternately, one of the things the FBI has learned as it has worked more closely with the FSB is that Snowden hasn’t shared any secrets with Russia (perhaps, as many have suggested, Russia got enough from Delisle that they would rather use Snowden solely to discomfit us).

I don’t know what it means. But I do find it rather implausible that the FBI would continue to expand cooperation with the FSB even as it extracted NSA’s family jewels from Snowden. Yet that’s the story Snowden’s biggest detractors would like you to believe.

Why Isn’t the NSA Evaluating Why It Didn’t Have Chechen Intelligence on Tamerlan Tsarnaev?

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As I noted last week, four Inspectors General are conducting (an indefinitely delayed) review of their Agencies’ handing of intelligence in advance of the Boston Marathon attack. But just four Agencies are involved:

  • Intelligence Community
  • CIA
  • DOJ
  • DHS

That is, the NSA’s Inspector General is not participating in the review.

And while I understand that Tamerlan Tsarnaev’s domestic communications could not have been collected by NSA (and presumably none of the people from Dagestan and Chechnya with whom he had contact were selected as identifiers for the Section 215 dragnet), he still allegedly had contacts while in Russia with fairly prominent extremists. And there are two reasons why NSA might have collected Chechen contacts of Tamerlan’s: both because extremists in Chechnya have ties to al Qaeda (indeed, a number of them are and were fighting in Syria), and because Chechen mobsters have ties to the mobs being targeted under Obama’s Transnational Criminal Organization initiative.

So did the NSA have anything on the Chechens Tamerlan allegedly met with? In any case, wouldn’t it be worth a review of what they have and what they might have had?

Apparently not, at least according to the IC.

There is precedent for protecting the NSA from such retroactive scrutiny. Recall that the 9/11 Commission barely touched what files the NSA might have had.

[T]he 9/11 Commission, which went out of business in 2004, failed to conduct a thorough inspection of the government’s most important library of raw intelligence on al Qaeda and the 9/11 plot. And nobody appears to have inspected that intelligence since.

The archives, maintained by the National Security Agency at its headquarters in Fort Meade, Maryland, were reviewed—in a cursory fashion—only in the final days of the commission’s investigation, and then only because of last-minute staff complaints that the NSA’s vast database was being ignored.

Throughout its investigation, staffers complained, the commission’s leaders were fixated on what could be found in the terrorism files of the CIA and the FBI, the two big targets for criticism in the panel’s final report, and largely ignored the NSA, the government’s chief eavesdropping agency.

[snip]

“It’s always been frightening to me to consider what is still at the NSA, whatever we never had time to see,” said a former commission staff member, who now works elsewhere in the federal government and is barred from speaking to the press for attribution. “It’s kind of shocking to me that no one has tried to get back in there since. We certainly didn’t see everything at NSA.”

And I can imagine why, particularly after Edward Snowden started leaking, the NSA might not want to check whether it had data it simply missed. How embarrassing if it had to admit that it missed a terrorist because its haystack has gotten too big?

Still, given the allegations about Tamerlan’s entirely foreign associates, I’m not convinced the NSA would have collected nothing.

Keith Alexander today claimed NSA used the Section 215 database in the wake of the Boston Marathon attack (though how they claimed the allegedly self-radicalized Tsarnaev’s had ties to Al Qaeda, I don’t know) to chase down potential associates in NYC.

“We did use [Section] 215,” he said, referring to the Patriot Act provision that the government has claimed a federal court has agreed gives it the authority to collect data on practically all calls made in the United States. “We used it to support the FBI in their investigation.”

So the NSA was involved in the investigation, at least.

So can’t we have a teensy review to see if it did, and if our target selection in Chechnya and Dagestan and appropriate?

Keith Alexander’s Pizza Problem

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We’re having a fundraiser this week. If you can help out, please do!

Shane Harris has a great piece of a bunch of people hanging Keith Alexander out to dry. It shows how Alexander has always grabbed for more data — at times not considering the legal basis for doing so — for ambitious, half-finished products that don’t yield results.

I’m particularly interested in this one:

When he ran INSCOM and was horning in on the NSA’s turf, Alexander was fond of building charts that showed how a suspected terrorist was connected to a much broader network of people via his communications or the contacts in his phone or email account.

“He had all these diagrams showing how this guy was connected to that guy and to that guy,” says a former NSA official who heard Alexander give briefings on the floor of the Information Dominance Center. “Some of my colleagues and I were skeptical. Later, we had a chance to review the information. It turns out that all [that] those guys were connected to were pizza shops.”

As I noted last month, the NSA’s primary order for the Section 215 program allows for technical personnel to access the data, in unaudited form, before the analysts get to it. They do so to identify “high volume identifiers” (and other “unwanted BR metadata”). As I said, I suspect they’re stripping the dataset of numbers that would otherwise distort contact chaining.

I suspect a lot of what these technical personnel are doing is stripping numbers — probably things like telemarketer numbers — that would otherwise distort the contact chaining. Unless terrorists’ American friends put themselves on the Do Not Call List, then telemarketers might connect them to every other American not on the list, thereby suggesting a bunch of harassed grannies in Dubuque are 2 degrees from Osama bin Laden.

I used telemarketers, but Alexander himself has used the example of the pizza joint in testimony.

In other words, it appears Alexander learned from his mistake at INSCOM that pizza joints do not actually represent a meaningful connection. His use of the example seems to suggest that NSA now strips pizza joints from their dataset.

But what if terrorists’ ties to a pizza joint are the most meaningful ones?

Read more →

Putin’s Congressional Puppets

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I have to give this to Michele Bachmann. Unlike most of the members of Congress she traveled to Russia with last week, she has not (at least not apparently) been suckered by Vladimir Putin to play his patsy.

Jim already described Dana Rohrabacher’s posturing with Steven Seagal while he attempted to replay his glory days palling around with the mujahadeen. Subsequent to that, Rohrabacher defended Putin’s abuse of power in fighting his former soulmates.

“If you are in the middle of an insurrection with Chechnya, and hundreds of people are being killed and there are terrorist actions taking place and kids are being blown up in schools, yeah, guess what, there are people who overstep the bounds of legality,” he said.

While the rule of law is important, Rohrabacher added, “We shouldn’t be describing people who are under this type of threat, we shouldn’t be describing them as if they are Adolf Hitler or they’re back to the old Communism days.”

Meanwhile, both Rohrabacher and Steve King bravely defended Putin’s prosecution of Pussy Riot.

“It’s hard to find sympathy for people who would do that to people’s faith,” King said.

But I’m most amused by the script William Keating (who represents parts of Boston and its southwest suburbs) is speaking from, parroting FSB’s assurances that the Marathon attack could have been prevented if only FBI had been more responsive to the tip they had provided the FBI and CIA.

Keating said the letter contained a lot of details about Tamerlan Tsarnaev, including his birthday, telephone number, cellphone number, where he lived in Cambridge and information about his wife and child. He said it also referenced the possibility that Tsarnaev might be considering changing names.
The Russians also had information about his mother, including her Skype address, Keating said.
Keating told the AP that the Russians believed Tsarnaev wanted to go to Palestine and engage in terrorist activities, but was unable to master the language.
‘‘That was the level of detail they were providing in this letter,’’ Keating said.
Keating said the intelligence officials believed that if Russia and the U.S. had worked together more closely, the bombings might have been averted. He said a top Russian counterintelligence official told the delegation that ‘‘had we had the same level of communication as we do now, the Boston bombing may never have happened.’’

Note Keating doesn’t make clear whether the details from the texts on Palestine were included in what the Russians sent us (the Russians translated the letter for the CODEL), or whether they only now shared it with the CODEL.
Read more →

FBI’s Todashev Story Gets Stupider

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There are two things that amaze me about this story.

First, that the FBI wants you to believe the latest version of their story about how Ibragim Todashev presented a threat, after the story has changed 2 times already.

FBI sources say Ibragim Todashev, a friend of accused Boston Marathon bomber Tamarlen Tsarnaev, was unarmed when he was shot and killed by an FBI agent during questioning at an Orlando apartment last week.

Sources said Todashev might have been lunging toward a sword, but he was not in possession of it.

[snip]

Sources said a sword was inside the apartment, but the weapon was moved to the corner of the room before questioning began.

And we’re to believe FBI protocol suggests you move the swords to the corner of the room, but no further, while questioning a dangerous witness.

The other thing that amazes me is that reporters still parrot FBI claims that Todashev was confessing to the 2011 Waltham triple murder — was in the process of writing up his confession, in fact! — when he suddenly turned violent and not just refused to keep confessing but lunged for the sword place in the corner of the room.

But really, he really was confessing. He just reached for the sword because it was the Waltham murder weapon and thought it better to sign the “confession” with that weapon.

Or something like that.

Update: I’m guessing this detail comes from Massachusetts cops who are unwilling to be dragged into FBI’s stuff.

An official said that according to one account of the shooting, the other law enforcement officials had just stepped out of the room, leaving the FBI agent alone with Todashev, when the confrontation occurred.

A Not-A-Drone-Strike Near Disney World

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The FBI has been tracking a Chechen martial arts practitioner in FL, Ibragim Todashev, since the Boston Marathon attack. The guy knew Tamerlan Tsarnaev from Boston and reportedly had a phone conversation with him “more than a month ago” (which still would put it shortly before the attack). Todashev — who got in a serious fight in a parking lot earlier this month — had recently booked a flight to NY, with plans to travel on to Chechnya.

So, after having interviewed him yesterday, the FBI decided to interview him again around midnight last night.

It didn’t end well.

The FBI said Ibragim Todashev was shot and killed just after midnight at 6022 Peregrine Avenue in the Windhover Apartments near Universal Orlando.

“The agent encountered the suspect while conducting official duties. The suspect is deceased,” FBI Special Agent Dave Couvertier told Local 6.

John Miller, the former FBI assistant director who now works for CBS News, said the FBI was trying to re-question Todashev at his apartment when “something went wrong.”  Miller said the FBI agent fired shots, but details of the incident have not yet been released and it’s not known if Todashev had a gun.

This will bear watching.

Here’s the FBI’s complete statement on the killing.

The FBI is currently reviewing a shooting incident involving an FBI special agent. Based on preliminary information, the incident occurred in Orlando, Florida during the early morning hours of May 22, 2013. The agent, two Massachusetts State Police troopers, and other law enforcement personnel were interviewing an individual in connection with the Boston Marathon bombing investigation when a violent confrontation was initiated by the individual. During the confrontation, the individual was killed and the agent sustained non-life threatening injuries. As this incident is under review, we have no further details at this time. [my emphasis]

You’d think a crack investigative agency like the FBI would know how many and what kind of other law enforcement personnel were present.

Oh, what’s that? You mean they’re not telling us on purpose?

Update: Apparently Todashev confessed to playing a role in the triple murder in Waltham in 2011 authorities suspect Tamerlan was involved in.

Todashev, they say, had spent some time in the Boston area, where he was a mixed martial arts fighter, and knew Tsarnaev there.  Investigators say he confessed to the agent in Florida that he played a role in a triple murder in 2011 in which three men were discovered slain in an apartment in Waltham, Mass.

Their throats had been cut, and their bodies were covered with marijuana. No suspects had been arrested in that case.

Officials say FBI agents were questioning Todashev on Tuesday. He was cooperative at first, they say, but later that night, he attacked the agent with a knife, who shot and killed him. Officials say Todashev became violent as he was about to sign a written statement based on his confession.

Chances are great that the FBI didn’t tape this claimed confession.

Update: As I suspected, at the time of the assault earlier this month, Todashev was being actively followed, presumably by the FBI.

According to discovery in that case, deputies knew immediately that Todashev was either a cage or jui juitsu fighter and knew “how dangerous these men can be,” a report said.

“I told this subject if he tried to fight us I would shoot him,” one deputy wrote in a report.

The report said that Todashev told deputies he believed he was being followed by federal agents.

He told deputies that three vehicles with tinted windows that were behind him when he was stopped were FBI vehicles. All three cars left the scene before deputies could confirm that they the drivers were federal agents, according to the report.

“I noticed one vehicle was driven by a male, had a computer stand and appeared to be talking on a radio,” the deputy said in the report.

Dzhokhar’s Sharpie Manifesto

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CBS had a fascinating scoop this morning, reporting that (presumably in the hours when he was holed up and authorities searched just blocks away), Dzhokhar Tsarnaev wrote a part-confess part-manifesto on the wall of the boat.

The note — scrawled with a marker on the interior wall of the cabin — said the bombings were retribution for U.S. military action in Afghanistan and Iraq, and called the Boston victims “collateral damage” in the same way Muslims have been in the American-led wars. “When you attack one Muslim, you attack all Muslims,” Tsarnaev wrote.

Tsarnaev said he didn’t mourn older brother Tamerlan, the other suspect in the bombings, writing that by that point, Tamerlan was a martyr in paradise — and that he expected to join him there soon.

The CBS version of the story suggests this sharpie manifesto may make up for any evidentiary problems given the FBI’s refusal to give Dzhokhar a lawyer.

Miller explained that while Tsarnaev admitted many of the same details to authorities during his 16 hours [sic] in custody, those admissions came “during the time he was interrogated but before he was given his Miranda warning.” The note gives prosecutors supporting and clearly admissible evidence even if there is an fight over whether things Tsarnaev said before he was given his Miranda rights are admissible as evidence.

Though it’s unclear whether CBS’s reporter came to this conclusion on his own or that’s what his sources told him.

Which brings us to this laughable detail in the ABC version of the story.

Spokespeople for the Massachusetts State Police and the Watertown police had denied the existence of the writings when first asked about them by ABC News two weeks ago.

Today, both departments referred reporters to the FBI. A federal law enforcement official confirmed reports first broadcast by CBS News that writings had been discovered inside the boat.

The discovery of writings intensified tensions between the FBI and local police when FBI agents believed some Boston officers and state police had taken cell phone pictures of the writing.

Agents demanded the phones of all officers at the scene the night of the capture of Dzhokhar be confiscated to avoid the photos becoming public before being used as evidence at trial, according to two law enforcement officials.

A FBI spokesperson said agents cannot confiscate phones without a warrant and officials said none of the police approached would agree to turn over their phones to the FBI.

Hahahaha! The cops would turn over their phones, with their evidence of Dzhokhar’s manifesto, without a warrant!!!

Hahahaha!

Only, there’s something funny about the story. Why would cell phone pictures of the manifesto matter if the FBI had properly documented photos taken immediately after the arrest when the chain of custody was intact? I mean, I could see worrying about tainting the jury pool, but the leaked content of the interrogations already said all this stuff anyway.

Putin’s Game

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‘I declare it’s marked out just like a large chessboard!’ Alice said at last. ‘There ought to be some men moving about somewhere–and so there are!’ she added in a tone of delight, and her heart began to beat quick with excitement as she went on. ‘It’s a great huge game of chess that’s being played–all over the world–if this is the world at all, you know. Oh, what fun it is!’

As you may have heard, the Russians rather ostentatiously outed an alleged American spy, Ryan Fogle, yesterday. Before I talk about that, I wanted to make sure folks had Garry Kasparov’s op-ed in the WSJ from the other day. Among other questions about whether we really want to be partnering closely with Vladimir Putin, Kasparov notes how selective Putin’s attentiveness to terrorism can be.

Terror would seem to be a more likely area for U.S.-Russian collaboration, especially regarding the virulent brand of Islamist extremism that has been bubbling over in Russia’s southwestern Caucasus region since the fall of the Soviet Union. Yet the Kremlin’s cooperation on the Islamist threat has been remarkably selective.

Soon after the suspects’ names in the Boston bombing became known, the Russian security services announced that they had warned the FBI about the elder Tsarnaev, Tamerlan, in 2011. But what about during and after Tamerlan’s visit to Russia’s North Caucasus in 2012? That’s when he reportedly was indoctrinated and trained by radicals in Dagestan.

Why were there no communications in 2012 from the FSB (the successor of the KGB) about a suspected radical, an American no less, training in the hottest of Caucasus terrorist hotbeds and then returning to the U. S.? It is beyond belief that the extensive police state that monitors every utterance of the Russian opposition could lose track of an American associating with terrorists.

Tamerlan reportedly met with Makhmud Mansur Nidal, a known terror recruiter, and William Plotkin, a Russian-Canadian jihadist. Both men were killed in Dagestan by the Russian military just days before Tamerlan left Russia for the U.S. If no intelligence was sent from Moscow to Washington, all this talk of FSB cooperation cannot be taken seriously.

This would not be the first time Russian security forces seemed strangely impotent in the face of an impending terror attack. In the Nord-Ost theater siege by Islamist Chechens in 2002 and the Beslan school hostage attack by Chechen and other Islamist radicals in 2004, it later came to light that there were FSB informants in both terror groups—yet the attacks went ahead unimpeded. Beslan was quickly used by Mr. Putin to justify shredding the last vestiges of Russian democracy by eliminating the election of regional governors.

It’s not just Kasparov doubting Putin’s cooperation on the Boston Marathon investigation.

House Intelligence Chair Mike Rogers complained about it back on April 26.

“The Russians I think have a lot more information here than they are sharing today,” Rogers told Fox News. “They’ve kind of let us peek under the curtain a little bit, but it’s very clear to me that they have valuable information that, A, they should have provided earlier, and B, that we need to get now to understand what happened when he went back to Russia.”

Shortly thereafter, Putin and President Obama had their second conversation on the topic, after which Putin publicly professed to have little of value to offer because the Tsarnaev’s hadn’t been living in Russia.

Mr. Putin said last week that the Federal Security Service was unable to provide “information which had operative value” about the Tsarnaev brothers, “due to the fact that the Tsarnaevs had not lived in Russia for many years.”

Mr. Putin’s spokesman, Dmitri S. Peskov, repeated that phrase after the two presidents spoke on Monday, but he said cooperation between the countries’ counterterrorism and intelligence services had improved to new levels as a result of the Boston bombing.

“This aroused praise from Putin and Obama, and their satisfaction,” Mr. Peskov told the Interfax news service, adding that cooperation on intelligence “on the whole promotes mutual confidence in bilateral relations.”

The White House offered a more reserved account of the two leaders’ conversation, noting “the close cooperation that the United States has received from Russia on the Boston Marathon attack.”

Meanwhile, a WSJ story from last week catalogued all the things Russia either did not turn over in timely fashion or did turn over with errors:

  • (Possibly) that Canadian alleged extremist William Plotnikov –whom Russia killed last July — had implicated Tamerlan as an associate in 2010
  • The original tip from the FSB provided incorrect birth dates for Tamerlan
  • FSB provided no response to three requests for more information from FBI
  • Texts from Tamerlan’s mother telling another relative he’d be interested in joining jihad
  • Details from Tamerlan’s trip to Russia in which FSB alleges he met with militants

To be sure, some of this reluctance to share information is a very normal imperative to protect sources and methods, Read more →

The Find Every Terrorist at Any Cost Industry

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As a thought experiment, replace the word “terrorist” in this paragraph with “soldier” or “military.”

All terrorists fundamentally see themselves as altruists: incontestably believing that they are serving a “good” cause designed to achieve a greater good for a wider constituency—whether real or imagined—which the terrorist and his organization or cell purport to represent. Indeed, it is precisely this sense of self-righteous commitment and self-sacrifice that that draws people into terrorist groups. It all helps them justify the violence they commit. It gives them collective meaning. It gives them cumulative power. The terrorist virtually always sees himself as a reluctant warrior: cast perpetually on the defensive and forced to take up arms to protect himself and his community. They see themselves as driven by desperation——and lacking any viable alternative—to violence against a repressive state, a predatory rival ethnic or nationalist group, or an unresponsive international order.

The paragraph comes from Bruce Hoffman, a Georgetown Professor/ThinkTanker whose studies of terrorism predate 9/11 by decades. It forms part of his explanation, post Boston, for why people become terrorists: because they, like our own country increasingly, see violence as a solution to their grievance.

That’s not all of Hoffman’s description of what makes people terrorists, mind you. He goes onto discuss religion and the human relations that might convince someone to engage in violence. But the paragraph has haunted me since I read it over a week ago for how clearly it should suggest that one of the few things that separates terrorism from our country’s own organized violence is official sanction (and at least lip service about who makes an appropriate and legal target).

Which is one reason why Jack Levin, in a piece debunking four myths about terrorism, offers this as one solution.

Somehow, we must reinstate the credibility of our public officials — our president, our Congress, and our Supreme Court Justices — so that alienated Americans do not feel they must go outside of the mainstream and radicalize in order to satisfy their goals.

Blaming terrorism on our dysfunctional political system feels far too easy, but it’s worth remembering that in Afghanistan, Somalia, and parts of Yemen, Al Qaeda has at times won support from locals because it offered “justice” where the official government did not or could not.

In any case, the common sense descriptions Hoffman and Levin offer haven’t prevented a slew of people responding to Boston — some experts, some not — from demanding that we redouble our efforts to defeat any possible hint of Islamic terrorism, no matter the cost.

Batshit crazy Texas Congressman Louie Gohmert claims the Boston attack is all Spencer’s fault: because FBI purged some its training materials of some of the inaccurate slurs about Muslims (but did not even correct the training of Agents who had been taught that claptrap in the first place), it can no longer speak a language appropriate to pursuing terrorists. “They can’t talk about the enemy. They can’t talk about jihad. They can’t talk about Muslim. They can’t talk about Islam.” Which elicited the equally batshit crazy response from Glenn Kessler of taking Gohmert’s premise as a valid one that should be disproven by weighing how much offensive language remains in FBI materials, rather than debunking the very premise that only people who engage in cultural slurs would be able to identify terrorists. I award Kessler four wooden heads.

Somewhat more interesting is this piece from Amy Zegart, another Professor/ThinkTanker. She admits we may not know whether Boston involved some kind of intelligence failure for some time.

Finding out what happened will be trickier than it sounds. Crowdsourcing with iPhones, Twitter, and Lord & Taylor surveillance video worked wonders to nail the two suspects with lightning speed. But assessing whether the bombing constituted an intelligence failure will require more time, patience, and something most people don’t think about much: understanding U.S. counter-terrorism organizations and their incentives and cultures, which lead officials to prioritize some things and forget, or neglect, others.

But that doesn’t stop her from insisting FBI’s culture remains inappropriate to hunting terrorists “pre-boom.”

But it is high time we asked some hard, public questions about whether the new FBI is really new enough. Transformation — moving the bureau from a crime-fighting organization to a domestic intelligence agency — has been the FBI’s watchword since 9/11. Read more →

Facebook a Better Spook than Ray Kelly

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We have been discussing the FBI’s apparent inability to use the multiple images of the Tsarnaev brothers from the Boston Marathon to ID them using facial recognition software.

So I wanted to circle back to two things. First, point to the passage of BoGlo’s comprehensive account of the hunt for the brothers that pertains to this question.

Of note, it says photo analysts had isolated the video of Dzhokhar dropping his backpack by Wednesday morning.

When Alben, of the State Police, saw the results of the analysts’ work on Wednesday morning, he couldn’t believe it: they had captured an image of the young man in a white hat dropping a backpack outside the Forum restaurant and then walking away.

“There was a eureka moment . . . It was right there for you to see,” said the colonel. “It was quite clear to me we had a breakthrough in the case.”

They had faces. Now they needed names.

The account remains unclear about why the FBI was unable to match the images, relying on speculation about the quality of the images.

Even after authorities isolated the images of the two suspected bombers, they weren’t able to pinpoint the suspects’ identities — an essential puzzle piece that was still missing Wednesday.

The FBI has poured millions of dollars into facial recognition technology over the years so it can quickly cross-check an image against millions of other pictures in government databases.

In this case, both brothers were already in existing government databases, including the Massachusetts Registry of Motor Vehicles and federal immigration records. They were legal immigrants from the former Soviet republic of Kyrgyzstan, in theory allowing the FBI to find their names.

But it’s not clear which databases the FBI checked. And it may not have mattered. The pictures, taken from surveillance cameras above street level, were likely far too grainy when zoomed in on the brothers’ faces. And the older brother was wearing sunglasses, making their task even harder.

In addition, unlike in a traditional mug shot, the camera wasn’t looking at their faces head-on.

Investigators worked feverishly Wednesday trying to identify the men, searching other photos and video, trying to find high-definition images.

“We still needed more clarity,” said Alben, of the State Police. “As good as the videos were, we needed more clarity.”

And in the middle of this account, BoGlo suggests that briefing Deval Patrick about being able to ID the face of the suspect led directly to the mistaken press reports — based on solid sources, the outlets insisted at the time — that authorities were ready to arrest a suspect.

Colonel Alben, the State Police chief, briefed Patrick on Wednesday about the key piece of video showing Dzhokhar abandoning his backpack. Alben described the clip and showed the governor photographs culled from the footage, information that Patrick called “chilling.”

“We have a break,” Patrick remembers him saying. “We think we have a face.”

If further proof was needed that the city was on edge, the anxiety soon spilled over into view. By 1 p.m., news reports began surfacing that a suspect had been not only identified but arrested, and was headed to the federal courthouse.

I’m still not satisfied with this explanation (and do hope Congress does some hearings on why facial recognition software failed to fulfill its promise, if in fact it did). But it does seem to suggest the FBI had solid images of the brothers for 18 hours before they released them to the public (a decision made by the FBI, the BoGlo reports) and set off the manhunt that shut down the city.

Also, remember our questions about Ray Kelly’s boast of having pictures of the Dzhokhar in Times Square, as the law enforcement community tried to use a half-baked plan to escape to New York and set off pressure cooker bombs in Times Square?

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