Al Qaeda to Use Capabilties Developed in Iraq to Mount Attack on U.S., Report says

U.S. intelligence officials say they expect Al Qaeda to use capabilities developed in Iraq to mount a terrorist attack on U.S. soil.^[1] Declassified findings of the new National Intelligence Estimate on threats to the American homeland were released July 17.^[2]

It lays out a range of dangers it claims pose a "persistent and evolving threat" over the next three years.^[3] The report deals with a number of groups seen as potential threats, but focuses mostly on Al Qaeda.^[4] The report makes clear that "Al Qaeda in Iraq" does not yet pose a direct threat to U.S. soil, however it notes that the group has expressed a desire to retaliate for the U.S.-led Iraq war with an attack on American soil.^[5]

The analysts also found that Al Qaeda's association with its Iraqi affiliate helps the group to energize the broader Sunni Muslim extremist community, raise resources and recruit and indoctrinate operatives – "including for homeland attacks."

National Intelligence Estimates are the most authoritative written judgments of the 16 spy agencies across the breadth of the U.S. government, and reflect the consensus, long-term thinking of top intelligence analysts.^[6] The new report echoed statements made by senior intelligence officials over the last year, but provided some new depth on their thinking and concerns.^[7] For instance, the report says that worldwide counterterrorism efforts since 2001 have constrained al Qaeda's ability to attack the U.S. again and convinced terror groups that U.S. soil is a tougher target; but, the report quickly adds that analysts are concerned "that this level of international co-operation may wane as 9-11 becomes a more distant memory and perceptions of the threat diverge."^[8]

18 U.S.C. § 2332b covers acts of terrorism transcending national boundaries and states that whoever, involving conduct transcending national boundaries, or mentioned in subsection (b), kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States;^[9] or creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;^[10] in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c). Section 2 mentions the treatment of threats, attempts and conspiracies, and clarifies that whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished accordingly under the same subsection as section 1.^[11]

The jurisdictional basis for these charges is outlined in subsection (b) wherein it states that the circumstances referred to in subsection (a) are A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense; B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated; C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States; D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States; E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or F) the offense is committed within the special maritime and territorial jurisdiction of the United States.^[12]

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^[1] AP Staff, Al Qaeda may use Iraqi base to attack U.S., Associated Press Newswire, July 17, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] 18 U.S.C. § 2332b (a)(1)(A) (2007).
^[10] Id., at §2332b (a)(1)(B).
^[11] Id., at §2332b (a)(2).
^[12] Id., at §2332b (b).