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Tuesday, Nov 10, 2009
Back then, testifying before the Senate about charges that his new subordinates had botched the job, Mueller staunchly defended his people.
"The allegation that prosecutors have deliberately failed to do their duty is absolutely and categorically false," said Mueller, under questioning by Kerry at a contentious hearing in November 1991. "The department has been criticized for reported delays in bringing indictments against BCCI and its officers. And I must say that the claim is simply untrue."
Defending the institution was also Mueller's first instinct when the FBI came under criticism last month. After a pair of memos -- one from before Sept. 11 from Arizona FBI agent Kenneth Williams, and another written last month by Minnesota agent Coleen Rowley -- raised doubts about the FBI's performance both before and after Sept. 11, Mueller went on the defensive.
"The agent in Minneapolis did a terrific job in pushing as hard as he could to do everything we possibly could with Moussaoui," Mueller said at a May 8 hearing of the Judiciary Committee. "But did we discern from that that there was a plot that would have led us to Sept. 11? No. Could we have? I rather doubt it."
That led Rowley to charge "that a delicate and subtle shading/skewing of the facts by [Mueller] and others at the highest levels of FBI management has occurred." She also claimed that certain facts "have, up to now, been omitted, downplayed, glossed over and/or mischaracterized in an effort to avoid or minimize personal and/or institutional embarrassment on the part of the FBI and/or perhaps even for improper political reasons."
Mueller initially marked Rowley's letter confidential, but copies were sent to senators, and an edited version was obtained by Time magazine. Only after the memo was made public did Mueller concede, "I cannot say for sure that there wasn't a possibility we could have come across some lead that would have led us to the hijackers."
He made a similarly steadfast defense when Sen. John Edwards, D-N.C., a member of the Senate Judiciary committee, complained that his staff was not told of Williams' memo -- which urged the counterterrorism unit to probe flight schools for possible al-Qaida terrorists -- or concerns from the Minnesota office about the FBI's handling of the Zacarias Moussaoui case when the staff was briefed in January by FBI counterterrorism chief David Frasca and Spike Bowman, the FBI's associate general counsel for national security affairs.
Winer says it is not surprising that Mueller, a former Marine who earned a bronze star in Vietnam, offered a steadfast defense of Bowman and Frasca. "The first thing, he was going to defend his people against what he perceived to be political attacks," Winer says. "It so happened that the political attacks were utterly accurate and fair, but he was still going to defend his people as an institutional matter, because Marines defend their people."
Mueller has repeatedly assured members of Congress that the FBI is conducting a thorough review of its shortcomings leading up to the Sept. 11 attacks. Of course, the overhaul of the FBI is a much larger task than the one Mueller faced as assistant attorney general a decade ago. But as he was in the BCCI case of more than 10 years ago, Mueller is being called on by Congress to clean up a mess made on somebody else's watch, and so far, as it was then, Mueller's instinct seems to be to defend his institution before all else.
