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Context of 'March 9 and 20, 2006: FBI Agent Testifying at Moussaoui Trial Blames FBI ‘Criminal Negligence’ for Not Stopping 9/11 Plot'

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Chechen rebel leader Ibn KhattabChechen rebel leader Ibn Khattab [Source: Associated Press]Osama bin Laden and Chechen rebel leader Ibn Khattab are, as a CIA officer puts it, “intricately tied together” in a number of ways. Their relationship apparently begins in the mid-1980s, when Ibn Khattab goes to fight in Afghanistan and reportedly meets bin Laden there. It ends in March 2002 with Khattab’s death (see March 19, 2002). [BBC, 4/26/2002; Independent, 5/1/2002; Washington Post, 4/26/2003; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file]
bullet They share fundraising and recruiting networks. For example, a Florida cell of radical Sunnis that is monitored by the FBI starting in 1993 is involved with both organizations (see (October 1993-November 2001)). Radical London imam Abu Qatada raises money for jihad in Chechnya (see 1995-February 2001 and February 2001) and is a key figure in al-Qaeda-related terrorism who is in communication with al-Qaeda logistics manager Abu Zubaida. [BBC, 3/23/2004; Nasiri, 2006, pp. 273] The Finsbury Park mosque of fellow London imam Abu Hamza al-Masri is used as a conduit for funds for both jihad in Chechnya and bin Laden’s Darunta camp in Afghanistan (see March 1999 and March 2000-February 2001);
bullet Bin Laden sends hundreds of fighters to help the Chechen cause, and this is publicly revealed no later than August 2000 (see May 2000);
bullet The two leaders debate strategy; [Terrorism Monitor, 1/26/2006] and
bullet Ibn Khattab establishes camps for trainees sent to him by bin Laden, and the US is aware of this no later than October 1998 (see October 16, 1998).
Despite bin Laden’s contribution to the Chechen effort, he does not have control of operations there. [Terrorism Monitor, 1/26/2006] Zacarias Moussaoui will later be linked to Khattab (see August 22, 2001).

Entity Tags: Ibn Khattab, Osama bin Laden, Islamic International Peacekeeping Brigade

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Kifah Wael Jayyousi.Kifah Wael Jayyousi. [Source: Robert A. Reeder]A Florida cell of Islamic radicals carries out fundraising, training, and recruitment to support the global jihad movement. The group is monitored by the FBI from the early 1990s, but no action is taken against it until after 9/11. The cell’s most prominent members are Adham Amin Hassoun, Mohammed Hesham Youssef, Kifah Wael Jayyousi, Kassem Daher, and Jose Padilla. Adnan Shukrijumah may also be involved (see (Spring 2001)).
bullet Both Hassoun and Jayyousi are associates of “Blind Sheikh” Omar Abdul-Rahman and the FBI monitors telephone conversations between them and Abdul-Rahman from January 1993 to 1995, at least. After Abdul-Rahman is taken into police custody in July 1993, according to an FBI agent, Jayyousi calls Abdul-Rahman in jail to “update the sheikh with jihad news, many times reading accounts and statements issued directly by terrorist organizations.” [St. Petersburg Times, 11/23/2003; Lance, 2006, pp. 126-8; Associated Press, 4/8/2006; International Herald Tribune, 1/4/2007]
bullet Funds are provided through bank accounts of Al-Gama’a al-Islamiyya (the Islamic Group), the Canadian Islamic Association, and Benevolence International Foundation (BIF), for which Hassoun files incorporation papers in Florida. The cell pays out thousands of dollars in checks, some of which are marked “Chechnya”, “Kosovo,” or “for tourism”.
bullet They try to talk in code, but the code is unsophisticated; for example “tourism” apparently means “terrorism”. In addition, they are not very careful and in one conversation overheard by the FBI, which records tens of thousands of their conversations from the early 1990s, one plotter asks another if he has enough “soccer equipment” to “launch an attack on the enemy.” In another, the conspirators discuss a $3,500 purchase of “zucchini” in Lebanon.
bullet Cell members are involved in jihad, through funding or direct participation, in Egypt, Somalia, Bosnia, Chechnya, Afghanistan, Lebanon, Libya, Kosovo, the former Soviet Republic of Georgia, and Azerbaijan.
bullet They are involved with both bin Laden and Chechen leader Ibn Khattab; for example, in one conversation Youssef tells Hassoun that he would be traveling “there at Osama’s and… Khattab’s company.” [Indictment. United States v. Jose Padilla, 11/17/2005 pdf file]
bullet They publish the Islam Report, a radical magazine about jihad. [Associated Press, 4/8/2006]
It is unclear why the FBI monitors the cell for almost a decade before doing anything. However, some of their activities are focused on Bosnia, where the US is turning a blind eye, or even actively assisting Islamic militants fighting on the Bosnian side (see 1992-1995 and April 27, 1994). The cell is broken up in the months after 9/11, and Hassoun, Jayyousi, and Padilla are sent for trial, which begins in 2007. [International Herald Tribune, 1/4/2007]

Entity Tags: Mohamed Hesham Youssef, Adnan Shukrijumah, Adham Amin Hassoun, Kifah Wael Jayyousi, Al-Gama’a al-Islamiyya, Omar Abdul-Rahman, Kassem Daher, Jose Padilla, Federal Bureau of Investigation, Canadian Islamic Association, Benevolence International Foundation

Timeline Tags: Complete 911 Timeline

The Defense Intelligence Agency acquires a report on the connections between Osama bin Laden and Chechen rebel leader Ibn Khattab. The report states that Ibn Khattab fought with bin Laden in Afghanistan and established training camps in Chechnya at bin Laden’s request. It also says that bin Laden has met with Chechen leaders and agreed to help them with “financial supplies”, and that the Chechen camps will be used to train European militants to conduct kidnappings and terrorist acts against French, Israeli, US, and British citizens. A direct route from Afghanistan to Chechnya has been established through Turkey and Azerbaijan, and is being used for “volunteers”, as well as drug smuggling. [Defense Intelligence Agency, 10/16/1998 pdf file] What US intelligence knows about the relationship between Ibn Khattab and bin Laden will play an important role in the handling of the Zacarias Moussaoui case just before 9/11 (see August 22, 2001 and August 24, 2001).

Entity Tags: Osama bin Laden, Ibn Khattab, Defense Intelligence Agency

Timeline Tags: Complete 911 Timeline

French intelligence learns Zacarias Moussaoui went to an al-Qaeda training camp in Afghanistan in 1998 (see 1995-1998). [Independent, 12/11/2001] The Associated Press will report that he was placed on the watch list for alleged links to the GIA, an Algerian militant group. [Associated Press, 5/19/2002] The French also warn the British about Moussaoui’s training camp connections. [Los Angeles Times, 12/13/2001] French investigators ask MI5, Britain’s domestic intelligence agency, to place Moussaoui under surveillance. In early December 2001, the Independent will report that “The request appears to have been ignored” and that the British “appear to have done nothing with the information.” [Independent, 12/11/2001] However, later in the same month, the Observer will report that MI5 did in fact place Moussaoui under surveillance, as MI5 was monitoring his telephone calls in 2000 (see Mid-2000-December 9, 2000).

Entity Tags: UK Security Service (MI5), Groupe Islamique Armé, France, Zacarias Moussaoui, United Kingdom

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Masooud Al-Benin.Masooud Al-Benin. [Source: Public domain]After the French put Zacarias Moussaoui on a watch list some time in 1999 (see 1999), they continue to discover more of his ties to militant groups. In late 1999, Moussaoui’s mother says a French intelligence officer contacts her and says her son’s name was in the address book of a man named Yannick who had died fighting for the Muslim cause in Bosnia. [Los Angeles Times, 12/13/2001] In April 2000, French investigators increase their interest in Moussaoui when they learn his best friend Masooud Al-Benin was killed while fighting in Chechnya. Investigators conclude al-Benin and Moussaoui traveled and fought together in Chechnya. Moussaoui’s mother is contacted by French authorities and asked about her son’s whereabouts and his connections to Al-Benin. [CNN, 12/11/2001] At some time in 2000, French intelligence follows Moussaoui to Pakistan. They believe he goes to see an al-Qaeda leader named Abu Jaffa. [CBS News, 5/8/2002] (Abu Jaffa, also known by the names Abu Jafar al-Jaziri and Omar Chaabani, is an Algerian in charge of al-Qaeda’s training camps in Afghanistan. It appears he will be killed in Afghanistan in late 2001.) [Knight Ridder, 1/9/2002] By 2001, French intelligence will be said to have a “thick file on Moussaoui.” [CBS News, 5/8/2002] When Moussaoui is arrested in the US, the French will send this information to Washington at the FBI’s request (see August 22, 2001 and August 30, 2001).

Entity Tags: Masooud Al-Benin, Zacarias Moussaoui, Abu Jaffa, France

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After entering the US, Zacarias Moussaoui engages in activities that appear to mirror those of the 9/11 hijackers. Both Moussaoui and the hijackers do the following:
bullet Take flight training (see February 23-June 2001 and July 6-December 19, 2000);
bullet Physically import large amounts of cash (see October 2000-February 2001 and January 15, 2000-August 2001);
bullet Purchase knives with short blades that can be carried onto airliners (see August 16, 2001 and July 8-August 30, 2001);
bullet Take fitness training (see August 16, 2001 and May 6-September 6, 2001);
bullet Obtain several identification documents (see April 12-September 7, 2001 and August 1-2, 2001); and
bullet Purchase flight deck videos from the same shop (see November 5, 2000-June 20, 2001).
In addition, Moussaoui is supported by some of the same al-Qaeda operatives as the 9/11 hijackers: Ramzi bin al-Shibh (see July 29, 2001-August 3, 2001 and June 13-September 25, 2000) and Yazid Sufaat (see September-October 2000 and January 5-8, 2000). At Moussaoui’s trial, the prosecution will cite these parallel activities in its argument that Moussaoui was connected to 9/11, rather than some follow-up plot. There is also one reported meeting between Moussaoui and two of the lead hijackers before 9/11 (see August 1, 2001), but this will not be mentioned at the trial (see March 6-May 4, 2006). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dale Watson, head of the FBI’s counterterrorism program, sends a memo to FBI Director Louis Freeh warning that Islamic radicals are planning a “terrorist operation.” The memo states that “Sunni extremists with links to Ibn al Kahhatb, an extremist leader in Chechnya, and to Osama bin Laden [have been involved in] serious operational planning… since late 2000, with an intended culmination in late spring 2001.” Watson says the planning was sparked by the renewal of the Palestinian Intifada in September 2000. “[A]ll the players are heavily intertwined,” the memo notes. Additionally, the memo says that “[m]ultiple sources also suggest that [bin Laden’s] organization is planning a terrorist attack against US interests.” The memo is also sent to other FBI officials, such as International Terrorism Operations Section (ITOS) chief Michael Rolince, who will later be involved in the case of Zacarias Moussaoui (see Late August 2001 and (August 30-September 10, 2001)) [Federal Bureau of Investigation, 4/2001 pdf file] Based on this report, ITOS sends an e-mail (see April 13, 2001) to all field offices, asking agents to help identify information pertaining to the “current operational activities relating to Sunni extremism.” The e-mail does not mention Ibn Khattab. [Associated Press, 3/21/2006] These plans may be for the 9/11 attacks—at least some of the alleged hijackers are linked to bin Laden (see January 5-8, 2000), and Zacarias Moussaoui is linked to Ibn Khattab (see Late 1999-Late 2000). Some of the hijackers fought in Chechnya and therefore might also be linked to Ibn Khattab (see 1996-December 2000). Officials at FBI headquarters will later refuse a search warrant for Zacarias Moussaoui’s belongings saying they believe Ibn Khattab is not closely connected to Osama bin Laden and is not hostile to the US (see August 22, 2001 and August 23-27, 2001).

Entity Tags: Louis J. Freeh, Michael Rolince, Dale Watson, Federal Bureau of Investigation, Ibn Khattab

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Chechen rebel leader Ibn Khattab promises some “very big news” to his fighters and this statement is communicated to the CIA. The CIA then forwards the warning to National Security Adviser Condoleezza Rice together with several similar pieces of intelligence, saying it is evidence that an al-Qaeda attack is imminent (see July 10, 2001). [Tenet, 2007, pp. 151] The FBI is already aware that Ibn Khattab and Osama bin Laden, who have a long relationship (see 1986-March 19, 2002), may be planning a joint attack against US interests (see Before April 13, 2001). One of the operatives, Zacarias Moussaoui, will be arrested a month later (see August 16, 2001), but a search warrant for his belongings will not be granted (see August 16, 2001, August 22, 2001 and August 28, 2001).

Entity Tags: Ibn Khattab, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After Zacarias Moussaoui is arrested (see August 16, 2001), the FBI’s Minneapolis field office becomes very concerned that he may be part of a larger operation involving hijacked aircraft and that he represents a real threat to US national security. One of the agents, Harry Samit, will later say that he and his colleagues are “obsessed” with Moussaoui. Samit sends over 70 communications warning about Moussaoui to the following:
bullet The Hezbollah, bin Laden, and Radical Fundamentalist Units at FBI headquarters (see August 20-September 11, 2001);
bullet Another FBI field office (see August 23, 2001);
bullet The CIA (see August 24, 2001);
bullet The FBI’s offices in Paris and London;
bullet The FAA;
bullet The Secret Service;
bullet The Immigration and Naturalization Service; and
bullet Another intelligence agency (possibly the National Security Agency).
While some of these bodies are responsive (see August 22, 2001 and August 24, 2001), Samit and his colleagues in Minnesota are forced to engage in a running battle with the Radical Fundamentalist Unit (RFU) at FBI headquarters, which obstructs their attempts to obtain a warrant to search Moussaoui’s belongings. Samit will later accuse the RFU of “criminal negligence” because they were trying to “run out the clock” to deport Moussaoui, instead of prosecuting him. [US Department of Justice, 11/2004, pp. 101-221 pdf file; USA Today, 3/9/2006; Washington Post, 3/21/2006]

Entity Tags: FBI Minnesota field office, Radical Fundamentalist Unit, FBI Headquarters, Harry Samit, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hussein al-Attas.Hussein al-Attas. [Source: Public domain]Hours after Zacarias Moussaoui is taken into custody in Minnesota, his friend and roommate Hussein al-Attas is interviewed by the FBI. The two men had recently driven together to Minnesota from Oklahoma (see August 10-11, 2001).
bullet According to a summary of the interview written at the time, “Al-Attas indicated that Moussaoui believes that it is acceptable to kill civilians who harm Muslims and that he approves of martyrs.”
bullet Al-Attas says Moussaoui talked about holy war every day when they roomed together.
bullet When asked if he had ever heard Moussaoui make a plan to kill those who harm Muslims, “Al-Attas admit[s] that he may have heard him do so, but that because it is not in [al-Attas’] own heart to carry out acts of this nature, he claimed that he kept himself from actually hearing and understanding.”
bullet Al-Attas says Moussaoui holds strong anti-American views and might be willing to act on his beliefs.
bullet Al-Attas describes Moussaoui as so secretive that he refuses to give his full name, identifying himself only as “Shaqil.”
bullet He also says that Moussaoui told him “true” Muslims must prepare themselves to fight and they should understand the suffering of Muslims in places like Palestine and Kosovo.
bullet He mentions that he and Moussaoui are carrying fighting gloves and shin guards to practice martial arts as part of Moussaoui’s philosophy that Muslims should be ready to fight nonbelievers.
bullet He has not heard Moussaoui mention any specific terrorist plot, but says that Moussaoui “is suspicious to me, too.”
FBI agents interview al-Attas again the following day, then charge him with violating the terms of his student visa by working at a mosque in Oklahoma, and arrest him. During the second interview, al-Attas says that Moussaoui follows the teachings of a sheikh whose name he would not disclose to him (see August 17, 2001). The agents contact FBI supervisors in Washington to seek approval to get a warrant to search Moussaoui’s computer. The supervisors are aware of what al-Attas said in the interview, but nevertheless they tell the Minnesota FBI agents that they do not want to attempt to get the warrant because it has not been shown that Moussaoui is an agent of a foreign power. The New York Times will note that the content of al-Attas’ interview “raise[s] new questions about whether top [FBI] officials… were aggressive enough in responding to that information.” [Washington Post, 1/31/2002; New York Times, 5/24/2002; Associated Press, 3/21/2006] Al-Attas will be arrested shortly after 9/11 and held as a material witness. He will later plead guilty to lying about Moussaoui. He lied in claiming that he did not know Moussaoui’s real name, lied about plans to go with Moussaoui to New York City in late August 2001, lied about Moussaoui’s desire to participate in holy war, and lied about a planned trip to speak to religious scholars who would encourage al-Attas to participate in holy war. He will be sentenced to time served, but will be kept imprisoned until the conclusion of Moussaoui’s trial in 2006 (see March 6-May 4, 2006). [Canadian Broadcasting Corporation, 7/22/2002; Associated Press, 10/22/2002] It is also later revealed that Moussaoui had recently convinced al-Attas to fight in Chechnya in order to prepare for holy war. [Wall Street Journal, 2/4/2002] Furthermore, the person who attempts to post bond for al-Attas had been the subject of a full-field FBI international terrorism investigation in Oklahoma. This unnamed person was a recruiter for a radical Palestinian group and a member of the Muslim Brotherhood. [US Congress, 7/24/2003] In post-9/11 media accounts, al-Attas is generally portrayed as someone who had been innocently and accidentally caught up with Moussaoui. But it appears that in the weeks before 9/11, US intelligence will consider the possibility that al-Attas may have been plotting with Moussaoui. For instance, a CIA cable that will be sent on August 24 is titled “Subjects Involved in Suspicious 747 Flight Training,” (see August 24, 2001) one that will be sent on August 28 has Moussaoui and al-Attas’ names as the title. [Canadian Broadcasting Corporation, 7/22/2002; Associated Press, 10/22/2002; 9/11 Commission, 7/24/2004, pp. 540]

Entity Tags: Hussein al-Attas, Zacarias Moussaoui, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI Minneapolis field office wishes to search Zacarias Moussaoui’s belongings, which will later be found to contain enough information to potentially stop 9/11 (see August 16, 2001). To do so it must get the approval of the Radical Fundamentalist Unit (RFU) at FBI headquarters. However, the RFU throws obstacles in the warrant request’s path:
bullet RFU chief Dave Frasca stops the Minneapolis office from pursuing a criminal warrant (see August 21, 2001);
bullet When French authorities say that Moussaoui is connected to the Chechen rebels, RFU agent Mike Maltbie insists that the FBI representative in Paris go through all telephone directories in France to see how many Zacarias Moussaouis live there (see August 22, 2001);
bullet Maltbie stops Minneapolis from informing the Justice Department’s Criminal Division about the case (see August 22, 2001);
bullet When RFU agent Rita Flack, who is working on the Moussaoui case, reads the Phoenix memo suggesting that bin Laden is sending pilots to the US for training, she apparently does not tell her colleagues about it, even though it was addressed to several of them, including Frasca (see July 10, 2001 and August 22, 2001);
bullet The RFU does not provide the relevant documentation to attorneys consulted about the request. In particular, Flack does not tell them about the Phoenix Memo, even though one of the attorneys will later say she asked Flack if anyone is sending radical Islamists to the US to learn to fly (see August 22-28, 2001);
bullet When Minneapolis learns Moussaoui apparently wants to go on jihad, Frasca is not concerned and says jihad does not necessarily mean holy war. However, a top Justice Department attorney will later say “he would have tied bells and whistles” to this comment in a request for a search warrant had he known this (see August 17, 2001 and August 29, 2001);
bullet Maltbie tells the Minneapolis office that getting a warrant will “take a few months” (see August 24, 2001). He also tells Minneapolis, “We know what’s going on. You will not question us.” (see August 27, 2001);
bullet Maltbie weakens the warrant request by editing it and removing a statement by a CIA officer that Chechen rebel leader Ibn Khattab was closely connected to Osama bin Laden, despite there being intelligence linking that leader to bin Laden (see August 28, 2001);
bullet In a key meeting with an attorney about the request, Maltbie and Flack, who are submitting the warrant, are adamant that it is not sufficiently supported (see August 28, 2001);
bullet Frasca opposes a plan to put an undercover officer in the jail cell with Moussaoui to find out more information about his connections to Islamic militants (August 29, 2001 and Shortly After);
bullet The RFU does not want a Minneapolis agent to accompany Moussaoui when he is deported (see (August 30-September 10, 2001));
bullet The RFU does not re-consider getting a criminal search warrant after a decision is taken not to seek a warrant under the Foreign Intelligence Surveillance Act (see After August 28, 2001);
bullet Frasca and Maltbie are said to oppose a search warrant after 9/11 (see September 11, 2001).
It is unclear why the RFU opposes the warrant so strongly. The Justice Department’s Office of Inspector General will later criticize the RFU staff, but will conclude that they did not intentionally sabotage the warrant application. [US Department of Justice, 11/2004, pp. 101-222 pdf file] A 2004 book by independent researcher Mike Ruppert will speculate that Frasca is actually a CIA agent. Ruppert suggests that the CIA placed Frasca in the FBI to prevent CIA operations from being compromised by FBI investigations. But he does not provide any direct evidence of ties between Frasca and the CIA (see October 1, 2004). The Minneapolis agents will offer a different interpretation of RFU actions. Coleen Rowley will say, “I feel that certain facts… have, up to now, been omitted, downplayed, glossed over and/or mischaracterized in an effort to avoid or minimize personal and/or institutional embarrassment on the part of the FBI and/or perhaps even for improper political reasons.” She asks, “Why would an FBI agent deliberately sabotage a case? The superiors acted so strangely that some agents in the Minneapolis office openly joked that these higher-ups ‘had to be spies or moles… working for Osama bin Laden.’… Our best real guess, however, is that, in most cases avoidance of all ‘unnecessary’ actions/decisions by FBI [headquarters] managers… has, in recent years, been seen as the safest FBI career course. Numerous high-ranking FBI officials who have made decisions or have taken actions which, in hindsight, turned out to be mistaken or just turned out badly… have seen their careers plummet and end. This has in turn resulted in a climate of fear which has chilled aggressive FBI law enforcement action/decisions.” [Time, 5/21/2002] Minneapolis FBI agent Harry Samit will agree with explanation, telling the Justice Department’s Office of Inspector General that the RFU is guilty of “obstructionism, criminal negligence, and careerism.” [Associated Press, 3/20/2006] Samit will also say that Maltbie even told him he was acting this way to “preserve the existence of his advancement potential” in the FBI. [Newsday, 3/21/2006]

Entity Tags: Radical Fundamentalist Unit, Michael Maltbie, David Frasca, FBI Headquarters, Harry Samit, Rita Flack, Coleen Rowley

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Minnesota FBI office e-mails FBI headquarters on this day, saying it is “imperative” that the Secret Service be warned of the danger that a plot involving Zacarias Moussaoui might pose to the president’s safety. However, no such warning is ever sent. [US Congress, 10/17/2002; New York Times, 10/18/2002]

Entity Tags: FBI Minnesota field office, George W. Bush, FBI Headquarters, US Secret Service, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jean-Louis Bruguiere, who assisted the FBI with the Moussaoui case.Jean-Louis Bruguiere, who assisted the FBI with the Moussaoui case. [Source: Michel Lipchitz / Associated Press]After arresting Zacarias Moussaoui, the FBI’s Minneapolis field office asks French authorities if they have any information on him. The French then provide the US with intelligence indicating that Moussaoui is associated with a radical militant who died fighting for the Chechen rebels in 2000 (see Late 1999-Late 2000). The French interviewed one of this militant’s associates who said he had been recruited by Moussaoui to fight in Chechnya and described Moussaoui as “the dangerous one.” [US Department of Justice, 11/2004, pp. 140-1 pdf file] French authorities attempt to gather additional information by talking to Moussaoui’s mother. Judge Jean-Louis Bruguiere, France’s lead investigating magistrate in charge of counterterrorism affairs, also provides information. “Let’s just say that Zacarias Moussaoui was well-known by the French security service…,” Bruguiere later recalls in a 2004 interview with CBC. “When the names come from abroad, we usually have a file, and it was the same with him. He was a well-known personality. He lived in France and then left here to go to England.” Bruguiere will also say that the French provided US authorities with information on Moussaoui’s activities in both France and England (see 1999 and August 21, 2001-September 13, 2001). [Canadian Broadcasting Corporation, 3/16/2004] Upon reviewing this information, Mike Maltbie of the Radical Fundamentalist Unit at FBI headquarters will inform Minneapolis that it is not enough for a search warrant under the Foreign Intelligence Surveillance Act, because, even though the French sent information about Moussaoui, Maltbie objects that the Moussaoui the French are talking about may not be the same one Minneapolis has in custody. The result of this is that FBI staff are sent on what Minneapolis agent Harry Samit will later call a “wild goose chase”—they are asked to spend days poring through French phone books to make sure they have the right Moussaoui. [Federal Bureau of Investigation, 8/27/2001 pdf file; Federal Bureau of Investigation, 8/28/2001 pdf file; Newsday, 3/21/2006; Los Angeles Times, 3/21/2006] For a search warrant to be granted there must be probable cause to believe Moussaoui is an agent of a foreign power. Maltbie claims that the Chechen rebels, who have never been treated as a foreign power before for a FISA warrant, cannot be treated as such, because they are not a “recognized” foreign power, only dissidents engaged in a civil war, and are not hostile to the US. In fact, the FBI has already received information indicating a close relationships between Chechen rebels and bin Laden (see, e.g., 1986-March 19, 2002 , August 24, 2001, and (October 1993-November 2001)) and that the two groups are working together on a strike against US interests (see Before April 13, 2001). Maltbie says that even if the Chechen rebels are a foreign power, then it will take some time to develop this information to the point where a FISA application can be submitted. Previous to this, Maltbie had only once advised a field office it was not going to get a FISA warrant. [US Department of Justice, 11/2004, pp. 141-4 pdf file] The French provide more information on Moussaoui a few days later (see August 30, 2001).

Entity Tags: Zacarias Moussaoui, Michael Maltbie, Harry Samit, France, Jean-Louis Bruguiere, FBI Headquarters, FBI Minnesota field office

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui’™s laptop, not opened until after 9/11.Zacarias Moussaoui’™s laptop, not opened until after 9/11. [Source: FBI]In the wake of the French intelligence report (see August 22, 2001) on Zacarias Moussaoui, FBI agents in Minneapolis, Minnesota, are “in a frenzy” and “absolutely convinced he [is] planning to do something with a plane.” Agent Greg Jones tells FBI headquarters that Moussaoui might “fly something into the World Trade Center.” [Newsweek, 5/20/2002; US Department of Justice, 11/2004, pp. 153 pdf file] Minneapolis FBI agents become “desperate to search the computer lap top” and “conduct a more thorough search of his personal effects,” especially since Moussaoui acted as if he was hiding something important in the laptop when arrested. [Time, 5/21/2002; Time, 5/27/2002] As the Radical Fundamentalist Unit (RFU) at FBI headquarters has already blocked an application for a criminal warrant (see August 21, 2001), the FBI’s Minneapolis field office must apply for one under the Foreign Intelligence Surveillance Act (FISA). Minneapolis agent Harry Samit completes an application for a warrant to search Moussaoui’s belongings on August 25. To obtain the warrant, he has to show there is probable cause to believe Moussaoui is an agent of a foreign power. The memo states that Moussaoui recruited a fighter for a particular Chechen rebel group connected to al-Qaeda, so he is connected to al-Qaeda through the Chechens. However, the RFU at FBI headquarters believes that the Chechen rebels should not be described as a foreign power and that the link between the Chechens and bin Laden is not strong enough. [US Department of Justice, 11/2004, pp. 128-132 pdf file; US Department of Justice, 3/1/2006 pdf file] However, earlier in 2001 the FBI had received information indicating that this Chechen group and bin Laden were planning to attack US interests (see Before April 13, 2001). Minneapolis FBI agent Coleen Rowley later sums up how the Minneapolis agents feel at this point, when she says FBI headquarters “almost inexplicably, throw up roadblocks” and undermine their efforts. Headquarters personnel bring up “almost ridiculous questions in their apparent efforts to undermine the probable cause.” One of Jones’ e-mails to FBI headquarters says they are “setting this up for failure.” That turns out to be correct. [Time, 5/21/2002; Time, 5/27/2002; US Department of Justice, 11/2004, pp. 161 pdf file]

Entity Tags: World Trade Center, Zacarias Moussaoui, Harry Samit, Radical Fundamentalist Unit, FBI Headquarters, FBI Minnesota field office, Greg Jones, Coleen Rowley, Clinton administration

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After being contacted by FBI headquarters (see (August 20, 2001)) and the local Minneapolis field office (see August 24, 2001), the CIA offers an opinion on the Moussaoui case. In response to French information linking Moussaoui to the Chechen rebels (see August 22, 2001), a CIA officer tells Minneapolis agent Harry Samit that this is “highly interesting,” adding, “[I] am not sure why this is not enough to firmly link Moussaoui to a terrorist group—Ibn Al-Khattab is well known to be the leader of the Chechen mujaheddin movement and to be a close buddy with bin Laden from their earlier fighting days. From a read of the [French] info, Moussaoui is a recruiter for Khattab. I can confirm from our own info that in fact the dead guy [Masooud Al-Benin] in fact was a fighter for Khattab who perished in Chechnya in April 2000” (see Late 1999-Late 2000). In a document submitted to court, the CIA officer will state “[T]he connection between Ibn Khattab and Osama bin Laden had been known for years at the CIA… it was crystal clear that Khattab and [bin Laden] were intricately tied together and they had clearly shared funding operations and training… it was no leap of faith to connect Khattab to [bin Laden] and there was lots of information connecting the two groups… the FBI informed [me] that French information discerned that Moussaoui had recruited for Khattab, clearly establishing his connection to Khattab, and thereby his connection to [bin Laden].” However, FBI headquarters, which is aware that bin Laden and the Chechen rebel leader are plotting together against the US (see, e.g., Before April 13, 2001), will refuse to apply for a search warrant for Moussaoui’s belongings, saying that the connections between Moussaoui and the Chechen rebels, and the Chechen rebels and bin Laden are not strong enough to justify one (see August 20-September 11, 2001 and August 28, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file]

Entity Tags: Harry Samit, Central Intelligence Agency, FBI Minnesota field office, Ibn Khattab

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dave Frasca, head of the FBI’s Radical Fundamentalism Unit (RFU), and Michael Rolince, the assistant director in charge of the FBI’s International Terrorism Operations Section (ITOS), have at least two brief conversations about the Zacarias Moussaoui case. Moussaoui, suspected of having ties to Islamic militants, was arrested in mid-August (see August 16, 2001). Though it is not known what Frasca and Rolince talk about, it is possible their discussions concern complaints from the Minneapolis field office about how RFU is handling the case (see August 27, 2001). According to the 9/11 Commission, there is no evidence that this discussion ever reaches Assistant Director for Counterterrorism Dale Watson or Acting FBI Director Thomas Pickard. If this is true, the FBI’s handling of the case is remarkably different than the approach taken in the CIA, where Director George Tenet is briefed repeatedly on the matter (see August 23, 2001). [9/11 Commission, 7/24/2004, pp. 275; Associated Press, 3/21/2006] A warning that Osama bin Laden and Chechen rebel leader Ibn Khattab were planning a joint operation against the US was sent to Rolince earlier in the year (see Before April 13, 2001) and the FBI is aware that Moussaoui had recruited for the Chechen rebels (see August 22, 2001). Rolince will be involved in preparations for Moussaoui’s deportation to France shortly before 9/11 (see (August 30-September 10, 2001)).

Entity Tags: FBI Minnesota field office, Michael Rolince, David Frasca, FBI Headquarters, Radical Fundamentalist Unit

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The information sent by the French included a photocopy of this page of Moussaoui’s French passport.The information sent by the French included a photocopy of this page of Moussaoui’s French passport. [Source: FBI]French authorities provide the FBI’s representative in Paris with additional information about Zacarias Moussaoui, and he forwards this information to the FBI’s Minneapolis field office and headquarters (see August 22, 2001 and Late 1999-Late 2000). The French say that according to an acquaintance of the suspected militant, Moussaoui is a radical Islamic fundamentalist who is potentially very dangerous. They warn that Moussaoui, who was radicalized at London’s Finsbury Park mosque, is devoted to Wahabbism, the Saudi Arabian sect of Islam that is adhered to by bin Laden (see 1994), and has traveled to Kuwait, Turkey, and Afghanistan (see 1995-1998). According to the French, the acquaintance also revealed that Moussaoui is a “strategist” and described him as “a cold stubborn man, capable of nurturing a plan over several months, or even years and of committing himself to this task in all elements of his life.” The French also tell the FBI that they would be willing to have Moussaoui deported back to France. [US Department of Justice, 11/2004, pp. 169-170 pdf file; Associated Press, 3/20/2006] Describing the French report to the FBI, a French justice official later says that France “gave the FBI ‘everything we had’” on Moussaoui, “enough to make you want to check this guy out every way you can. Anyone paying attention would have seen he was not only operational in the militant Islamist world but had some autonomy and authority as well.” [Time, 5/27/2002] And the French interior minister will similarly state, “We did not hold back any information.” [ABC News, 9/5/2002] “Even a neophyte working in some remote corner of Florida, would have understood the threat based on what was sent,” one senior French investigator later explains. [Time, 8/12/2002] The FBI decides (see (August 30-September 10, 2001)) to deport Moussaoui back to France. At a meeting in Paris several days later (see September 5-6, 2001), French authorities will again warn their US counterparts about Moussaoui and his connections.

Entity Tags: Federal Bureau of Investigation, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui cheers as he watches the 9/11 attacks on television inside a prison, where he is being held on immigration charges. At his trial in 2006 (see March 6-May 4, 2006) he will recall watching television and seeing “the blue sky and the World Trade Center in flames.” [BBC, 12/12/2001; New York Times, 3/27/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Coleen Rowley.
Coleen Rowley. [Source: Publicity photo]Minnesota FBI agent Coleen Rowley, upset with what she considers lying from FBI Director Robert Mueller and others in the FBI about the handling of the Zacarias Moussaoui case, releases a long memo she wrote about the case two weeks before 9/11. [Time, 5/21/2002] Rowley also applies for whistleblower protection. Time magazine calls the memo a “colossal indictment of our chief law enforcement agency’s neglect,” and says it “raises serious doubts about whether the FBI is capable of protecting the public—and whether it still deserves the public’s trust.” [Time, 5/27/2002] Three days after 9/11, Mueller made statements such as, “There were no warning signs that I’m aware of that would indicate this type of operation in the country.” Rowley and other Minnesota FBI agents had “immediately sought to reach [Mueller’s] office through an assortment of higher-level FBI [headquarters] contacts, in order to quickly make [him] aware of the background of the Moussaoui investigation and forewarn [him] so that [his] public statements could be accordingly modified.” Yet Mueller continued to make similar comments, including in a Senate hearing on May 8, 2002. [Time, 5/21/2002; New York Times, 5/31/2002] Finally, after Rowley’s memo becomes public, Mueller states, “I cannot say for sure that there wasn’t a possibility we could have come across some lead that would have led us to the hijackers.” He also admits, “I have made mistakes occasionally in my public comments based on information or a lack of information that I subsequently got.” [New York Times, 5/31/2002] Time magazine will later name Rowley as one of three “Persons of the Year” for 2002, along with fellow whistleblowers Cynthia Cooper of WorldCom and Sherron Watkins of Enron. [Time, 12/22/2002; Time, 12/22/2002]

Entity Tags: Zacarias Moussaoui, FBI Minnesota field office, Federal Bureau of Investigation, Coleen Rowley, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI agent Coleen Rowley, the whistleblower who wrote a stinging memo questioning the bureau’s handling of the Zacarias Moussaoui case (see May 21, 2002), testifies before the Senate Judiciary Committee. Her memo, in which she accused FBI Director Robert Mueller of participating in what she called “a delicate and subtle shading/skewing of facts… at the highest levels of FBI management,” has become a focus of Congressional probes into what many lawmakers perceive as a systemic failure of intelligence gathering preceding the 9/11 attacks. Rowley calls the FBI a bureaucracy rife with “risk aversion,” “roadblocks” to investigations, and “endless, needless paperwork.” Rowley says she is concerned that the FBI has moved towards even more bureaucracy and micromanagement in the months following the attacks. [CNN, 6/6/2002; BBC, 6/6/2002; Senate Judiciary Committee, 6/6/2002] “Seven to nine layers” of management “is really ridiculous,” she says. “We need a way to get around the roadblocks.” But Rowley is more sympathetic to Mueller in her testimony than in her memo, and praises him for appearing willing to consider some of the new ideas and approaches that she says need to be implemented. [New York Times, 6/7/2002; Los Angeles Times, 6/7/2002] In his own testimony before the same committee just hours before Rowley speaks, Mueller promises that Rowley will not be punished for speaking out, and admits that some of Rowley’s assessments are correct (see June 6, 2002). [CNN, 6/6/2002] The questioning and commentary by the committee members varies somewhat by party affiliation, with Democrats such as Charles Schumer (D-NY) repeatedly praising Rowley “for performing a national service in coming forward,” but even committee Republicans such as Arlen Specter (R-PA) and Jeff Sessions (R-AL) engage in criticizing the FBI. [New York Times, 6/7/2002] Charles Grassley (R-IA) calls Rowley “a patriotic American who had the courage to put truth first and raise critical but important questions about how the FBI handled a terrorist case before the attacks, and about the FBI’s cultural problems.” [Los Angeles Times, 6/7/2002]

Entity Tags: Senate Judiciary Committee, Jeff Sessions, Charles Schumer, Coleen Rowley, Federal Bureau of Investigation, Arlen Specter, Charles Grassley, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline

In an interview with CBS, FBI Director Robert Mueller states, “I can tell you there are things I wish we had done differently. That there are things we should have followed up on. But the bottom line is I do not believe that we would have been able to prevent 9/11.” Speaking about the Zacarias Moussaoui case, he says, “That took us several months, to follow that lead, and it also required the full support of the German authorities, and it would have been very, I think impossible to have followed that particular lead in the days between the time in which Moussaoui was detained and September 11th.” [CBS News, 9/25/2002] This negativism is in sharp contrast to a previous statement he made on May 21, 2002 (see May 21, 2002), as well as the opinion of many rank and file FBI officers, some of whom have made a chart showing how all the hijackers could have been caught if certain leads had been followed. [Newsweek, 6/2/2002] Mueller’s opinion on the Moussaoui case is contradicted by many, including FBI agents working on that case. [Time, 5/21/2002] The media also does not agree. For instance the Independent suggested information on Moussaoui’s computer “might have been enough to expose the Hamburg cell, which investigators believe was the key planning unit for 11 September.” [Independent, 12/11/2001]

Entity Tags: Robert S. Mueller III, Federal Bureau of Investigation, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Barbara Grewe.Barbara Grewe. [Source: Barbara Grewe]Barbara Grewe, a key investigator on the Justice Department inspector general’s investigation of the FBI’s failures before 9/11, moves to the 9/11 Commission. [University of Michigan Law School, 3/7/2005] She was recommended to the Commission by a former colleague who worked at the office of inspector general at the Justice Department. [University Record Online, 3/14/2005] As special investigative counsel at the Justice Department’s office of the inspector general between July and December 2002 she had investigated and reported on the FBI’s handling of intelligence prior to 9/11, and directed part of the investigation into information sharing between the FBI and CIA, missed opportunities to locate the hijackers before 9/11, and earlier warnings about terrorists using airplanes as weapons. This is similar to the work she does on the 9/11 Commission. According to a press release for a lecture she will give in 2005, Grewe also “drafted and edited” the “relevant sections” of the Justice Department’s final report. [University of Michigan Law School, 3/7/2005; Center for American Progress Action Fund, 4/16/2008] However, it is unclear how she could have done this, as she left the Justice Department’s investigation in 2003. Although December 2002 is early on in the Justice Department inspector general’s probe, the following important interviews have been conducted by this time:
bullet Tom Wilshire, a CIA officer later detailed to the FBI who was involved in many pre-9/11 intelligence failures (see 9:30 a.m. - 4:00 p.m. January 5, 2000, March 5, 2000, May 15, 2001, Mid-May 2001, Late May, 2001, July 23, 2001, August 22, 2001, and August 24, 2001); [9/11 Commission, 7/24/2004, pp. 502]
bullet “Michael,” a female CIA officer who had blocked notification to the FBI saying that one of the hijackers, Khalid Almihdhar, had a US visa (see Around 7:00 p.m. January 5, 2000 and January 6, 2000); [9/11 Commission, 7/24/2004, pp. 502]
bullet Dina Corsi, an FBI official who withheld intelligence information from criminal investigators in the summer of 2001 (see June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 474]
bullet Clark Shannon, a CIA officer who withheld information about Almihdhar from the FBI (see June 11, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Margaret Gillespie, an FBI agent detailed to the FBI involved in information sharing problems (see (Late May-Early June) and August 21-22, 2001); [9/11 Commission, 7/24/2004, pp. 538]
bullet Robert Fuller, an FBI agent who searched for Almihdhar in the US just before the 9/11 attacks, but failed to find him (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001); [9/11 Commission, 7/24/2004, pp. 539]
bullet Russell Fincher and Steve Bongardt, FBI agents from whom the CIA withheld information (see June 11, 2001, June 12-September 11, 2001, and August 29, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Sherry Sabol, an attorney involved in errors in the Moussaoui and Almihdhar cases (see August 22-28, 2001 and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 538]
bullet An FBI official who handled an al-Qaeda informer in Pakistan (see January 4, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Harry Samit (see August 15-20, 2001), Greg Jones (see August 27, 2001), John Weess (see August 16, 2001), and Coleen Rowley (see May 21, 2002), FBI officials who worked on the Moussaoui case; [9/11 Commission, 7/24/2004, pp. 531, 540]
bullet Rodney Middleton, acting head of the FBI’s bin Laden unit before 9/11 (see July 27, 2001 and after); and [9/11 Commission, 7/24/2004, pp. 538]
bullet Jennifer Maitner, an FBI official involved in the Phoenix memo and President Bush’s August 6 presidential daily briefing (see July 10, 2001, July 27, 2001 and after, and (August 4-5, 2001)). [9/11 Commission, 7/24/2004, pp. 536]

Entity Tags: 9/11 Commission, US Department of Justice, Barbara Grewe, Office of the Inspector General (DOJ)

Timeline Tags: Complete 911 Timeline

The government reveals in a closed-door court hearing that recent interrogations of top al-Qaeda prisoners indicate that Zacarias Moussaoui may have been part of a plot to hijack a fifth plane on the day of 9/11, perhaps with the White House as its target. This is in contrast to the government’s original accusation that Moussaoui was to be the “20th hijacker” on Flight 93. Because Moussaoui does not have a security clearance, he cannot see the classified evidence against him, but he later learns of this “fifth-jet theory” while reading a transcript of the hearing that was not thoroughly redacted. [CNN, 8/8/2003; Time, 10/19/2003] At Moussaoui’s 2006 trial (see March 6-May 4, 2006), the prosecution will support the fifth jet theory—which Moussaoui both admits (see March 27, 2006) and denies (see April 22, 2005)—arguing that he engaged in parallel conduct with the hijackers (see February 23-August 16, 2001) and was supported by the same people (see July 29, 2001-August 3, 2001 and June 13-September 25, 2000). The theory is also supported by the hearsay of what one of the hijackers reportedly told a relative. In February 2001, Khalid Almihdhar told a cousin that Osama bin Laden was planning to launch five attacks against the US (see Late October 2000-July 4, 2001). But during interrogations, some captured al-Qaeda leaders will reportedly insist that Moussaoui was only a back-up (see November 20, 2002), while others will claim that he was part of a follow-up operation (see Before 2008).

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui.
Zacarias Moussaoui. [Source: Sherburne County Sheriffs Office]In an unexpected move, Zacarias Moussaoui pleads guilty to all six terrorism conspiracy charges against him. Moussaoui had been arrested weeks before 9/11, and was formally charged in December 2001 for his role in the 9/11 plot. He says it is “absolutely correct” that he is guilty of the charges: conspiracy to commit acts of terrorism transcending national boundaries; to commit aircraft piracy; to destroy aircraft; to use weapons of mass destruction; to murder US government employees; and to destroy US government property. However, he says, “I was not part of 9/11,” but rather claims he was part of a “broader conspiracy” aimed at post-9/11 attacks. He says he was personally directed by bin Laden to pilot a 747 and “strike the White House” with it, but as part of a “different conspiracy than 9/11.” His plea means there will be no trial to determine guilt, but there will still be a trial to determine his sentencing, which could be as severe as the death penalty. He promises to fight in the sentencing phase, stating he doesn’t deserve death because he was not directly connected to the 9/11 plot. [CNN, 4/23/2005; Washington Post, 4/23/2005] A CNN legal analyst notes that Moussaoui’s guilty plea “makes little sense.” Moussaoui may have actually had a chance to be proven not guilty because of the many thorny legal issues his case raises (two suspected members of the al-Qaeda Hamburg cell have been found not guilty in German courts because they have not been allowed access to testimony from al-Qaeda prisoners who might exonerate them, and Moussaoui so far has been denied access to those same prisoners (see March 22, 2005)). It is pointed out that Moussaoui gave a guilty plea without “any promise of leniency in exchange for his plea,” and that he is unlikely to gain any sympathetic advantage from it in the death penalty trial. CNN’s analyst notes that the statements in his plea “suggest that Moussaoui [mistakenly] thought he had tricked the prosecution.” Doubts still remain whether Moussaoui is fully mentally sound and capable of legally defending himself. [CNN, 4/28/2005] A counterterrorism expert for RAND Corporation says of Moussaoui’s rather confusing statements, “If we thought by the end of the day we would find the holy grail as to exactly what the genesis of 9/11 was and what Moussaoui’s role in it was, we have been sorely disappointed. This contradiction in his behavior raises more questions than it answers.” The Washington Post notes that, “It remains uncertain” whether the death penalty trial “will divulge much new information about the plot.” [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui.Zacarias Moussaoui. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui becomes the first and only person charged in direct connection with the 9/11 attacks to stand trial in the US. [Associated Press, 3/17/2006] He was preparing to hijack an aircraft and fly it into a target when he was arrested 26 days before 9/11 (see August 16, 2001 and April 22, 2005). Although there has been disagreement whether Moussaoui was to take part in the actual attack of 9/11 or a follow-up plot (see January 30, 2003), the prosecution alleges that Moussaoui had information related to the attacks (see August 16, 2001) and facilitated them by lying and not disclosing everything he knew to the FBI. He is charged with six counts, including conspiracy to commit acts of terrorism and conspiracy to commit aircraft piracy. [US District Court for the Eastern District of Virginia, Alexandria Division, 12/11/2001 pdf file] The trial receives much media coverage and the highlights include the playing of United 93’s cockpit recorder (see April 12, 2006), a row over a government lawyer coaching witnesses (see March 13, 2006), and testimony by FBI agent Harry Samit (see March 9 and 20, 2006), former FBI assistant director Michael Rolince (see March 21, 2006), and Moussaoui himself (see March 27, 2006). Moussaoui is forced to wear a stun belt, controlled by one of the marshalls, under his jumpsuit. The belt is to be used if Moussaoui lunges at a trial participant. [New York Times, 4/17/2006] He has already pleaded guilty (see April 22, 2005) and the trial is divided into two phases; in the first phase the jury decides that Moussaoui is eligible for the death penalty, but in the second phase it fails to achieve unanimity on whether Moussaoui should be executed (see May 3, 2006). [Associated Press, 4/3/2006; New York Times, 4/17/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI agent Harry Samit testifying at the Moussaoui trial.FBI agent Harry Samit testifying at the Moussaoui trial. [Source: Agence France-Presse]FBI agent Harry Samit testifies at the trial of Zacarias Moussaoui (see March 6-May 4, 2006). Samit was one of the main agents involved in Moussaoui’s arrest and bombarded his superiors with messages about the danger Moussaoui posed (see August 21, 2001 and August 21, 2001). Under direct examination he relates what happened in August 2001 (see August 22, 2001). The prosecutor asks Samit several times what he would have done if Moussaoui had told the truth, and Samit is usually allowed by the judge to say how it would have helped the investigation and made 9/11 less likely. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] However, under cross examination Samit says he was not fooled by Moussaoui’s lies and that he immediately suspected him of preparing to hijack an airplane, but the investigation was thwarted by FBI headquarters, and the Radical Fundamentalist Unit in particular. He admits that he told the Justice Department’s Office of Inspector General that FBI headquarters was guilty of “obstructionism, criminal negligence, and careerism,” and that its opposition blocked “a serious opportunity to stop the 9/11 attacks.” [Associated Press, 3/20/2006] Samit says he warned his supervisors more than 70 times that Moussaoui was an al-Qaeda operative who might be plotting to hijack an airplane and fly it into a building, and that he was regularly thwarted by two superiors, David Frasca and Michael Maltbie. Reporting Samit’s testimony, the London Times will conclude that “the FBI bungled the Moussaoui investigation.” [London Times, 4/25/2006] Similar charges were made by one of Samit’s colleagues, Coleen Rowley, after 9/11 (see May 21, 2002). The Los Angeles Times will comment, “His testimony appeared to undermine the prosecution’s case for the death penalty.” [Los Angeles Times, 3/20/2006]

Entity Tags: Michael Maltbie, Coleen Rowley, David Frasca, Harry Samit, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Judge Leonie Brinkema halts the trial of Zacarias Moussaoui (see March 6-May 4, 2006) after it is discovered that Transportation Security Administration lawyer Carla J. Martin violated a court order prohibiting witnesses from following the trial. Martin e-mailed transcripts to seven witnesses and coached them on their testimony. Brinkema calls it “the most egregious violation of the court’s rules on witnesses [I have seen] in all the years I’ve been on the bench.” Even the prosecution says, “We frankly cannot fathom why she engaged in such conduct.” [Washington Post, 3/14/2006; Associated Press, 3/17/2006] Brinkema allows the prosecution to continue to seek the death penalty, but initially removes the aviation security portion of evidence from its case. However, after the prosecution complains this makes the proceedings pointless, she reinstates some of it, allowing the trial to continue. [Associated Press, 3/15/2006; CNN, 3/16/2006; Associated Press, 3/17/2006] As a result of her actions, Martin is placed on paid leave. Additionally, Pennsylvania’s lawyer disciplinary board begins an investigation and federal prosecutors explore charges. [Washington Post, 7/10/2006] Martin’s e-mails also reveal that she has been communicating with attorneys for United and American Airlines. This prompts seven victims’ relatives, who are suing the airlines for being negligent on 9/11, to file a civil action against her alleging that she is trying to help the airline industry avoid civil liability. [CBS News, 4/7/2006; CNN, 4/26/2006]

Entity Tags: Leonie Brinkema, Carla Martin

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Michael Rolince, who headed the FBI’s International Terrorism Operations Section when Zacarias Moussaoui was arrested, testifies at Moussaoui’s trial (see March 6-May 4, 2006). He initially states that he was only informed of the Moussaoui case before 9/11 in two brief hallway conversations (see Late August 2001) and did not read a memo sent to him by the Minneapolis field office. However, under cross-examination he admits he also discussed a plan to deport Moussaoui to France, where his belongings could be searched (see (August 30-September 10, 2001)). [Associated Press, 3/21/2006; Associated Press, 3/21/2006] According to Newsday, Rolince appears “red-faced and flustered” at the end of the cross-examination and makes the court burst out laughing when he says he did not approve a briefing to FBI field offices about bin Laden threats in the US (see Before April 13, 2001), even though the briefing states he approved it. He says one of his subordinates may have approved it. [Associated Press, 3/21/2006; Newsday, 3/22/2006] Rolince is called by the prosecution, which wants him to give a list of steps the FBI would have taken if Moussaoui had confessed. However, Judge Brinkema states that, “Juries cannot decide cases on speculation… Nobody knows what would have happened.” [Associated Press, 3/21/2006; Associated Press, 3/22/2006]

Entity Tags: Michael Rolince

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During the trial of Zacarias Moussaoui (see also March 6-May 4, 2006), the prosecution claims that if Zacarias Moussaoui had not lied when arrested and questioned (see August 16, 2001) and had provided information about the plot (see August 16, 2001), the FAA could have altered its security procedures to deal with the suicide hijacker threat. Prosecution witness Robert Cammaroto, an aviation security officer, says that security measures in effect before 9/11 were designed to cope with different types of threats, such as “the homesick Cuban,” rather than suicide hijackings. He says that if the FAA had more information about Moussaoui, its three dozen air marshals could have been moved from international to domestic flights, security checkpoints could have been tightened to detect short knives like the ones Moussaoui had, and flight crews could have been instructed to resist rather than cooperate with hijackers. Most of these steps could have been implemented within a matter of hours. However, Cammarato admits that the FAA was aware before 9/11 that terrorists considered flying a plane into the Eiffel Tower and that al-Qaeda has performed suicide operations on land and sea. [Associated Press, 3/22/2006]

Entity Tags: Federal Aviation Administration, Robert Cammarato, Carla Martin, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmed Alnami’s youth hosteling card found in the Flight 93 crash site.Ahmed Alnami’s youth hosteling card found in the Flight 93 crash site. [Source: FBI]During the trial of Zacarias Moussaoui (see March 6-May 4, 2006), the Reporters Committee for Freedom of the Press publishes a significant portion of the exhibits used during the trial. [Reporters Committee for Freedom of the Press, 12/4/2006] Previously, only a few items of the evidence linking the attacks to al-Qaeda were made public. For example, the 9/11 Commission’s Terrorist Travel Monograph contained 18 documents of the alleged hijackers and their associates. [9/11 Commission, 8/21/2004, pp. 171-195 pdf file] The published exhibits include:
bullet Items belonging to the alleged hijackers that were recovered from the crash sites and Logan airport;
bullet Some details of the hijackers’ movements in the US;
bullet Graphic photos of dead victims and body parts in the Pentagon and WTC ruins;
bullet Substitutions for testimony from some of the main plotters such as Khalid Shaikh Mohammed;
bullet The missing chapter from the Justice Department’s Office of Inspector General’s review of the FBI’s performance before 9/11 (see June 9, 2005); and
bullet FBI and CIA documents. [Reporters Committee for Freedom of the Press, 12/4/2006]
At the end of July, the US District Court for the Eastern District of Virginia, Alexandria Division, publishes more of the exhibits used in the trial. The additionally published exhibits include, for example:
bullet Documents of the hijackers found at the crash sites and Logan airport, such as Satam Al Suqami’s passport (see After 8:46 a.m. September 11, 2001), Ahmed Alnami’s youth hosteling card, and old correspondence between Mohamed Atta and the German authorities;
bullet Recordings of calls made by the passengers from the flights and recordings of the hijacker pilots talking to the passengers;
bullet Documents about the alleged hijackers prepared by the FBI such as a True Name Usage Chart for 2001 and chronologies for eleven of the hijackers from August 16-September 11, 2001;
bullet Documents from the hijackers’ flight schools;
bullet A small sample of the hijackers’ banking and phone records.
However, some of the exhibits are not disclosed. For example, the cockpit voice recording from United 93 is sealed and only a transcript is made available. [US District Court for the Eastern District of Virginia, 7/31/2006]

Entity Tags: Reporters Committee for Freedom of the Press

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11.Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11. [Source: Mirrorpix(.com)]Against the will of his defense attorneys, Zacarias Moussaoui takes the stand at his trial (see March 6-May 4, 2006) and claims that he was supposed to fly a fifth plane on 9/11. He says the plane would have targeted the White House and one of the muscle hijackers would have been shoe-bomber Richard Reid (see December 22, 2001). However, he claims not to have known the details of the other hijackings, only that the WTC would be hit. He does not mention any other collaborators aside from Reid, who has already been sentenced to a long prison term. When the prosecution asks him whether he lied to FBI investigators so the plan could go forward he replies, “That’s correct.” An Associated Press expert calls this, “a stunning revelation that would help prosecutors rather than him.” [Associated Press, 3/27/2006] In what the New York Times calls a “bizarre moment,” the defense team, aware of the damage this admission could do, subject Moussaoui to tough questioning and the chief prosecutor objects that one of the defense attorneys is badgering his own client. [New York Times, 4/17/2006]
Uncertainty over Fifth Jet - There is some dispute over whether Moussaoui was indeed to have flown a fifth plane (see January 30, 2003 and Before 2008). Following the testimony, the defense reads statements made by al-Qaeda leaders who are in custody, but are not permitted to testify at the trial (see May 14, 2003 and March 22, 2005). The statements say that Moussaoui was not part of 9/11, but a follow-up operation. [Associated Press, 3/28/2006; US District Court for the Eastern District of Virginia, 7/31/2006 pdf file] However, these statements were obtained using torture (see June 16, 2004). The government later concedes that there is no evidence linking Richard Reid to 9/11. [Associated Press, 4/20/2006]
"Complete Fabrication" - Moussaoui had denied being part of 9/11 before the trial (see April 22, 2005). By the end of the trial he will do so again, calling the confession he makes on this day “a complete fabrication.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui, Richard C. Reid

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The cockpit voice recorder tape from United 93, which crashed in Shanksville, Pennsylvania (see (10:06 a.m.) September 11, 2001), is played at the trial of Zacarias Moussaoui (see March 6-May 4, 2006) just before the prosecution rests its case. Translations are displayed on a screen along with information taken from the plane’s flight data recorder, such as speed, altitude, and steering yoke position. [Associated Press, 4/12/2006; London Times, 4/12/2006] The recording is sealed by the judge and a transcript is made available to the public. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] This is a big media event and it receives lots of coverage. CNN, for example, calls it “an absolutely spellbinding, unforgettable day in court.” Many of the passages are unintelligible, but the recording seems to indicate that the hijackers murdered a flight attendant. [CNN, 4/12/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file] Some of the victims’ relatives previously heard the recording at a private meeting (see April 18, 2002).

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui on his way to the Supermax prison.Zacarias Moussaoui on his way to the Supermax prison. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” [Washington Post, 5/12/2006] As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

Michael Tabman, the Minneapolis FBI field office’s special agent in charge, prevents Harry Samit from speaking at a national security forum about the Moussaoui case and removes him from counterterrorism investigations. Samit was an important figure in the Zacarias Moussaoui investigation just before 9/11 (see August 15-September 10, 2001, August 16, 2001 and August 20-September 11, 2001). Unlike his former colleague Coleen Rowley (see May 21, 2002 and February 26, 2003), Samit has never gone public with his criticism of the FBI’s handling of the case. Tabman has been working at the Minneapolis office only since 2005. After Samit files a complaint, FBI headquarters will reassign him to counterterrorism and send Tabman back to headquarters. [Star-Tribune (Minneapolis), 9/23/2006; Associated Press, 1/10/2007]

Entity Tags: Harry Samit, Hamis, FBI Headquarters

Timeline Tags: Complete 911 Timeline

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