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"Tamerlan had come up on the FBI's radar screen before, in 2011, the bureau said Friday. Russia had requested that the U.S. question the older Tsarnaev brother, "based on information that he was a follower of radical Islam and a strong believer, and that he had changed drastically since 2010 as he prepared to leave the United States for travel to the country's region to join unspecified underground groups," the FBI said. Federal agents did investigate Tamerlan and question him and family members, but found no "terrorism activity, domestic or foreign," and informed Russia.
Now, the U.S. is asking Russia what exactly it knew in 2011. But lawmakers also have some questions for the FBI. A group of four House Republicans are calling the FBI's handling of Tsarnaev "an intelligence failure," and Sen. Lindsey Graham (R-S.C.) said that "the fact that we could not track him has to be fixed." Whether "our laws are insufficient or the F.B.I. failed," Graham said on CNN Sunday, "it's people like this that you don't want to let out of your sight, and this was a mistake."

So while he used radical language, viewed radical Islamist sites online, he hadn't yet committed a terrorist act. Like the FBI had said, we couldn't arrest him for saying bad things and conversing with bad people, or reading about "stuff".
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