The absurd notion that terrorism is solely a law enforcement issue is as naive as thinking we can ‘talk’ our sworn enemies into compliance or submission. I didn’t say there wasn’t a role for law enforcement or the courts – there absolutely is. There is a big difference between stopping terrorists and acts of terrorism, and killing them. Law enforcement didn’t knock the dog snot out of the Taliban – the military and the intelligence community did.
In the first World Trade Center bombing, 02/26/93, the response was purely law enforcement. It was a tremendous effort, aided by the complete stupidity of returning to the rental agency to get the deposit back on the van that was ‘stolen’. The ATF and FBI had already found the blown-up VIN. The unintended consequence of trying these terrorists in a public court of law was the fact we just told UBL how to do it right the next time. The testimony of one of the structural engineers showed that the WCT was designed to withstand the impact of a 707. Guess what was flown into WTC, the Pentagon and a field in Pennsylvania? A clue for you 9/10 types out there – something bigger than a 707.
Stopping terrorism using non-lethal approaches is a multi-faceted approach. It does use law enforcement, the federal government, our intelligence agencies, our courts and prosecutors, diplomacy (yes – diplomacy), sanctions, PsyOps (psychological operations), and many more (see Coordinated Terrorist Attacks Implications for Local Responders). However, sometimes it’s necessary to take the rotten SOB’s out overseas, and that is NOT a role for law enforcement.
First, it’s a jurisdictional issue. Terrorism has no boundaries, and does not respect them in any event. Law enforcement does – it’s called, once again, j-u-r-i-s-d-i-c-t-i-o-n (spelled slowly for a reason and you know who you are). While NYPD sends detectives overseas to places like Spain (right after the train bombings), they have no jurisdiction. NYPD recognized immediately the threat to the subway system in New York City, and went there to gather and share intelligence and develop countermeasures.
Second, law enforcement is not equipped to conduct offensive operations. Don’t confuse proactive measures with offensive operations. Proactive measures (like showing up unannounced in highly visible locations) is designed to deter attacks. Sometimes the only way to stop terrorists is to kill them. Anybody who thinks otherwise is ensuring future attacks. The ACLU would slit their wrists the first time a police helicopter or UAV is armed with a Hellfire missile.
Third, law enforcement is not part of the Intelligence Community. They don’t have the authority or capability to intercept foreign communications the way NSA does. They have individuals with security clearances that belong to task forces (like JTTF), but that only means those same individuals can’t share classified information with their department or anyone else without an appropriate clearance. They don’t have satellites, supercomputers, spies (not UC – a big difference), or stealthy black helicopters (for you militant paranoid anti-government types out there).
Fourth, law enforcement does not have standing armed forces. They lack heavy artillery, combat aircraft, bombs (especially the MOAB), tanks, carriers, battleships, submarines, nuclear weapons (all options on the table here), special forces, big R&D budgets and all the neat toys. The North Hollywood shootout demonstrated how woefully under-equipped the police are – and that was with only two motivated and highly-armed criminals.
Fifth, law enforcement does not conduct diplomacy. So if you really want to ‘talk’ with the terrorists, ‘walk’ with the terrorists – Sorry…Dr. Doolittle flashback….you need a Department of State. You need embassies and consulates. You need Diplomatic relations. I’ve looked really, really hard. I still can’t find the Embassy of the State of New York or California anywhere…will keep checking and report back.
At the risk of getting carried away, I will end it here for now. I am not one who believes one approach solves everything. I believe diplomacy has a place. I also believe a good old-fashioned Hellfire missile has a place too. And when diplomacy fails, overwhelming victory is the only choice. Negotiated settlements do not work. History has taught us that. And at least one political candidate needs a refresher.
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