NIE Leak—No Probe

Unlike what happened immediately after the leaks of Valerie Plame’s identity and the NSA warrantless wiretapping programs, there are no plans in place for an investigation into who leaked April’s National Intelligence Estimate^[1] [hereinafter NIE] to the media over the weekend.^[2]

According to Dana Perino aboard Air Force One, the President has not expressed any desire to launch an investigation.^[3] If that stance changes, however, the intelligence agency or agencies which created the National Intelligence Estimate would make a request to the Department of Justice; at this time, the President “has not made such a request.”^[4]

The NIE was partially released yesterday, and its “key judgments” are that “the global jihadist movement—which includes ql-Qa’ida, affiliated and independent terrorist groups, and emerging networks and cells—is spreading and adapting to counterterrorism efforts.”^[5] It also finds that “activist identifying themselves as jihadists, although a small percentage of Muslims, are increasing in both number and geographic dispersion,” that—if this trend continues—threats to US interests at home and abroad will become more diverse, and that there is a chance that more responsive political systems in Muslim majority nations could reverse this trend.^[6]

The NIE also states that Europe is becoming an “an important venue for attacking Western interests,” and that “the Iraq jihad is shaping a new generation of terrorist leaders and operatives,” with the Iraq conflict becoming “the ‘cause celebre’ for jihadists, breeding a deep resentment of US involvement in the Muslim world and cultivating supporters for the global jihadist movement.”^[7]

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[1] See, e.g., Gary Thomas, US Intelligence Report Leaked to Press a Mix of Conflict and Compromise, Voice of America, Sep. 27, 2006; see also Mark Mazzetti, Spy Agencies Say Iraq War Worsens Terrorism Threat, NY Times, Sep. 24, 2006.
[2] Dana Perino, Press Gaggle by Dana Perino, Whitehouse.gov, Sep. 27, 2006.
[3] Id.
[4] Id.
[5] Declassified Key Judgments of the National Intelligence Estimate “Trends in Global Terrorism: Implication for the United States,” Dated April 2006, (via NY Times), rel’d Sep. 26, 2006.
[6] Id.
[7] Id. at 2.