Preventing Surprise Attacks: Intelligence Reform in the Wake of 9/11 (Hoover Studies in Politics, Economics, and Society)

The commission to investigate the September 11, 2001, terrorist attacks on the United States issued its final report in July of 2004, in which it recommended a dramatic overhaul of the nation's intelligence system. Congress responded by hastily enacting the Intelligence Reform and Terrorism Prevention Act of 2004, which adopts many of the 9/11 commission's specific recommendations, though with a number of alterations. Richard A. Posner, in the first full-length study of the post-9/11 movement for intelligence reform, argues that the 9/11 commission's analysis, on which Congress relied, was superficial and its organizational proposals unsound. The commission, followed by Congress, exaggerated the benefits of centralizing control over intelligence; neglected the relevant scholarship dealing with surprise attacks, organization theory, the principles of intelligence, and the experience of foreign nations, some of which have a longer history of fighting terrorism than the United States; and as a result ignored the psychological, economic, historical, sociological, and comparative dimensions of the issue of intelligence reform.

Posner explains, however, that a ray of hope remains: the reorganization provisions of the new Act are so vague, as a result of intense politicking, that the actual shape of the reorganized system will depend critically on decisions made by the President in implementing the Act. In a searing critique, Posner exposes the pitfalls created by the new legislation, identifies the issues overlooked by the 9/11 commission and Congress, and suggests directions for real reform.

This book is published in cooperation with the Hoover Institution