One of the great intellectual failures of the American intelligence community, and especially the counterterrorism community, is to assume if someone hasn't attacked us, it's because he can't or because we've defeated him.
The U.S. intelligence community is palsied by lawyers. When we were going to capture Osama bin Laden, for example, the lawyers were more concerned with bin Laden's safety and his comfort than they were with the officers charged with capturing him. We had to build an ergonomically designed chair to put him in, special comfort in terms of how he was shackled into the chair. They even worried about what kind of tape to gag him with so it wouldn't irritate his beard. The lawyers are the bane of the intelligence community.
