Bush: 'We're At War'

Two of the suicide bombers may have just slipped out of the federal government's grasp. According to intelligence sources, on Aug. 21 the CIA passed along information to the Immigration and Naturalization Service on a man who belonged on the watch list for terror suspects. The man, Khalid al-Midhar, had been videotaped in Kuala Lumpur talking to one of the suspected terrorists in the Cole bombing (the man is now in jail in Yemen). When the INS ran its database, it found that al-Midhar was already inside the United States. The CIA asked the FBI to find him and an associate, Salem Alhamzi. But the bureau didn't have much to go on. They listed their U.S. residence as "the Marriott Hotel in New York." There are 10 Marriott-run hotels in New York. The bureau checked all of them and found nothing. Al-Midhar and Alhamzi were listed among the five hijackers of American Airlines Flight 77.

Ever since the Customs Service foiled an apparent bomb plot on the eve of the millennium, U.S. intelligence has been very edgy about an attack on America. The man caught crossing between British Columbia and Seattle with explosives and timers in his car, Ahmed Ressam, later confessed that he planned to blow up Los Angeles International Airport. Ressam allegedly worked for a shadowy group of Algerian terrorists with ties to bin Laden. Twice a week, the "Threat Committee," a group of top intelligence officials and diplomats, meets in the White House complex to review dozens of terrorist threats at home and abroad. In late June the CIA warned of possible terrorist action against U.S. targets, including those in the United States, for the Fourth of July. Nothing happened, but then in July the agency again warned about possible attacks overseas. The threat seemed grave enough to force U.S. ships in Middle Eastern ports to head for sea. Three weeks ago there was another warning that a terrorist strike might be imminent. But there was no mention of where. On Sept. 10, NEWSWEEK has learned, a group of top Pentagon officials suddenly canceled travel plans for the next morning, apparently because of security concerns.

But no one even dreamed that four air-liners would be hijacked and plunged into targets in New York and Washington. Some officials complain that the intelligence community has been too focused on terrorists obtaining weapons of mass destruction--biological, chemical and nuclear--while overlooking low-tech threats--like the use of penknives and box cutters to hijack a plane.

The Threat Committee has every reason to worry about bin Laden's trying to get hold of a nuke. During the New York trial of the men accused of bombing the embassies in Africa, one bin Laden associate testified that the boss had hatched a 1993 plan to spend $1.5 million to buy black-market uranium. He apparently failed--that time.

Now the Bush administration and Congress seemed primed to do just about anything to foil future attacks. Justice Department lawyers have been told to take a fresh look at "everything," one official said. Perhaps the most startling idea under examination would be a new presidential order authorizing secret military tribunals to try accused terrorists. The idea first occurred to former attorney general William Barr after the bombing of Pan Am Flight 103 over Lockerbie, Scotland, in 1988. Barr, at the time chief of the Justice Department's Office of Legal Counsel, got the idea after learning that his office was used during World War II to try--in secret--German saboteurs who were later hanged. The idea was rejected, but it's being revived on the theory that terrorists are de facto military "combatants" who don't deserve the full run of constitutional rights.

Civil libertarians may balk, but never underestimate the desire for revenge. Consider some statistics: more people were killed by the suicide hijackers last week than the number of American soldiers killed in the entire American Revolution. Or at Antietam, the bloodiest one-day battle of the Civil War. Or at Pearl Harbor. Or on D-Day. And those were soldiers. War had become more and more remote and sterile to Americans who experienced combat as a phenomenon that occurred on TV, either in movies or occasionally by watching cruise missiles light up Baghdad on the evening news. Now those same American civilians are in a war. Not as spectators, but as targets.