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2013 / Valuing Speech and OSINT in the Face of Judicial Deference 396
and cassettes, including the last statement of one of the hijackers, an al-
Qaeda documentary about “the new crusades” and a video of the
beheading of Daniel Pearl. Fouda later published a book, Masterminds of
Terror, which was of enormous help to the U.S. intelligence community. 54
Both Mohammed and AlShibh were later apprehended by U.S. forces.
2. Parsing Foreign Diction
The FBIS also had a long string of successes based on careful
analysis of foreign dispatches, correctly predicting the Sino-Soviet split, 55 the
1979 Chinese invasion of Vietnam, 56 and the Soviet military withdrawal
from Afghanistan. 57
Predicting the Sino-Soviet Split. Western observers assumed that the
relative friendship of the Soviet Union and the People’s Republic of China
would be long lasting, due to geo-political concerns and shared ideologies. 58
However, following the death of Stalin, the relationship deteriorated, with
China criticizing Soviet proxies and the Soviets doing likewise. The two
countries openly argued at the 22 nd Congress of the Communist Party of the
Soviet Union in 1961. 59 Finally, in 1962 the two countries broke relations in
the immediate aftermath of the Cuban Missile Crisis. 60 The wider American
intelligence community did not recognize any such split until 1963, when
the PRC published The Chinese Communist Party’s Proposal Concerning
54 Amicus Intelligence Brief, supra note 43, at 13 n 20. See generally YOSRI FOUDA & NICK
FIELDING, MASTERMINDS OF TERROR: THE TRUTH BEHIND THE MOST DEVASTATING
TERRORIST ATTACK THE WORLD HAS EVER SEEN (2004).
55 Harold P. Ford, Calling the Sino-Soviet Split, CIA STUDIES IN INTELLIGENCE (1998–1999),
available at https://www.cia.gov/library/center-for-the-study-of-intelligence/csipublications/csi-studies/studies/winter98_99/art05.html.
56 J. Niles Riddel, Deputy Director, Foreign Broadcast Information Service, Remarks at the
First International Symposium – “National Security and National Competitiveness: Open
Source Solutions” (Dec. 2, 1992), available at http://www.fas.org/irp/fbis/riddel.html.
57 NORTH ATLANTIC TREATY ORGANIZATION [NATO], OPEN SOURCE INTELLIGENCE
READER 56–58 (2002); Riddel, supra note 56.
58 Ford, supra note 55.
59 RODERICK MACFARQUHAR, THE ORIGINS OF THE CULTURAL REVOLUTION: THE
COMING OF THE CATACLYSM 1961–1966 128–29 (1997).
60 ALFRED D. LOW, THE SINO-SOVIET DISPUTE: AN ANALYSIS OF THE POLEMICS 131–35
(1976).