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Context of 'April 5, 2006: DIA Official Submits Hearsay Evidence against Al-Marri'

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After the failure of the US federal government under the Articles of Confederation, the men working to shape the new American government—later termed the “Founders”—determine that the new government must have a president with power equal to that of Congress and the Supreme Court. The federal government itself has far more power under the new Constitution than it had under the Articles, but many Founders worry that the government will have, or take upon itself, the power to constrain or even destroy individual rights and freedoms. The government, therefore, will have strict limitations on its functions, and will be divided into three co-equal branches. Debate over whether the new government should have a single president or an executive council rages, but eventually the Founders decide that a single president could best act decisively in times of crisis. However, Congress has the strength to curtail presidential power via legislation and oversight. One of the Founders’ most crucial decisions is to give Congress, not the president, the power to declare war and commit military troops to battle. Congress must also authorize any military actions that fall short of actual war, the creation and maintenance of armies, and exercise control over how the president can call on the armed forces in emergencies. Finally, the Founders, all too aware that until the English Revolution of 1688, the King of England could use his “prerogative powers” to dispense with a law that he felt unnecessary, move to ensure that the US president cannot use a similar usurpation of power to override Congressional legislation, writing in the Constitution that the president must “take care that the laws be faithfully executed.” In 2007, reporter Charlie Savage, drawing on James Madison’s Federalist Papers, will write: “Knowing that it was inevitable that from time to time foolish, corrupt, or shortsighted individuals would win positions of responsibility in the government, the Founders came up with a system that would limit anyone’s ability to become a tyrant or to otherwise wreck the country. And over the next century and a half, the system worked as the Founders had designed it to work.” [Savage, 2007, pp. 14-16]

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

James Madison, one of the founders of the American system of constitutional government (see 1787), writes of the importance of Congress, not the president, retaining the power to send the nation to war. “Those who are to conduct a war cannot, in the nature of things, be proper or safe judges,” he writes, “whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analagous to that which separates the sword from the purse, or the power from executing from the power of enacting laws.” [Savage, 2007, pp. 19]

Entity Tags: James Madison

Timeline Tags: Civil Liberties

The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

Entity Tags: Western Union, Pike Committee, National Security Agency, Bobby Ray Inman, Church Committee, International Telephone and Telegraph, Radio Corporation of America

Timeline Tags: Civil Liberties

A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

Headline from the New York Times regarding the ‘Roe’ decision.Headline from the New York Times regarding the ‘Roe’ decision. [Source: RubeReality (.com)]The US Supreme Court, in a 7-2 decision, legalizes abortion on a federal level in the landmark case of Roe v. Wade. The majority opinion is written by Justice Harry Blackmun; he is joined by Chief Justice Warren Burger and Justices William O. Douglas, William Brennan, Potter Stewart, Thurgood Marshall, and Lewis Powell. Justices Byron “Whizzer” White and William Rehnquist dissent from the opinion. Blackmun’s majority opinion finds that the 14th Amendment’s guarantees of personal liberty and previous decisions protecting privacy in family matters include a woman’s right to terminate her pregnancy. White’s dissent argues that the Court has “fashion[ed] and announce[d] a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invest[ed] that right with sufficient substance to override most existing state abortion statutes.” The decision does not make abortion freely available to women in any stage of pregnancy. It places the following constraints:
bullet No restrictions on availability are made during the first trimester (three months) of a woman’s pregnancy.
bullet Because of increased risks to a woman’s health during the second trimester, the state may regulate the abortion procedure only “in ways that are reasonably related to maternal health.”
bullet In the third and final trimester, since the rate of viability (live birth) is markedly greater than in the first two trimesters, the state can restrict or even prohibit abortions as it chooses, “except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”
Originally brought to challenge a Texas law prohibiting abortions, the decision disallows a host of state and federal restrictions on abortion, and sparks an enormous controversy over the moral, religious, and legal viability of abortion that continues well into the 21st century. [ROE v. WADE, 410 US 113 (1973), 1/22/1973; CNN, 1/22/2003; National Abortion Federation, 2010] In a related case, Roe v. Bolton, the Court strikes down restrictions on facilities that can be used to provide abortions. The ruling leads to the establishment of so-called “abortion clinics.” [CBS News, 4/19/2007]

Entity Tags: Potter Stewart, Byron White, Lewis Powell, Harry Blackmun, William Rehnquist, US Supreme Court, William O. Douglas, Warren Burger, William Brennan, Thurgood Marshall

Timeline Tags: US Health Care, Civil Liberties

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Timeline Tags: Civil Liberties

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]

Timeline Tags: Civil Liberties

The Supreme Court rules in INS v. Chadha that Congress has no right to issue what it calls “legislative vetoes,” essentially provisions passed by Congress giving the executive branch specific powers but with Congress reserving the right to veto specific decisions by the executive branch if it does not approve of the decisions made by the executive. Congress had relied on such “legislative vetoes” for years to curb the expanding power of the president. The Court strikes down hundreds of these “legislative vetoes” throughout federal law. Congress quickly schedules hearings to decide how to respond to the Court’s ruling. White House attorney John Roberts (see September 29, 2005), a young, fast-rising conservative, is one of a team of lawyers assigned to review the administration’s upcoming testimony before Congress. Some of the lawyers want to push Congress to place independent agencies such as the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) under White House control—part of the evolving “unitary executive” theory of presidential power (see April 30, 1986). Roberts writes: “With respect to independent agencies… the time may be ripe to reconsider the existence of such entities, and take action to bring them back within the executive branch.… I agree that the time is ripe to reconsider the Constitutional anomaly of independent agencies… More timid souls may, however, desire to see this deleted as provocative.” [Savage, 2007, pp. 256-257]

Entity Tags: Reagan administration, Food and Drug Administration, Federal Trade Commission, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

The DC Court of Appeals rejects a claim by civilian plaintiffs to force the government to disclose classified information as part of a lawsuit, citing the “state secrets” privilege (see March 9, 1953). Furthermore, the court broadens the definition of “state secrets” to include “disclosure of intelligence-gathering methods or capabilities and disruption of diplomatic relations.” [Siegel, 2008, pp. 197]

Timeline Tags: Civil Liberties

The Reagan administration takes another step in attempting to “purge” the federal bureaucracy of those who disagree with its policies (see February 1981 and After). President Reagan issues an executive order requiring agencies to annually submit a cost-benefit analysis of their proposed new rules to the White House, giving administration officials the chance to object to, delay, and block regulations it opposes for ideological reasons. Reagan attorney Douglas Kmiec will later write that this scheme is a major part of the Reagan administration’s attempt to implement the “unitary executive” theory of executive power (see April 30, 1986). Kmiec will write that though White House objections have no legal weight because Congress has given the agencies the power to make rules by law, the White House often wins the argument anyway. [Savage, 2007, pp. 304-305]

Entity Tags: Douglas Kmiec, Reagan administration

Timeline Tags: Civil Liberties

Steven Calabresi joins the Justice Department. Calabresi is a young conservative lawyer who has clerked for appeals court Robert Bork, who failed to secure a position on the Supreme Court just months before (see July 1-October 23, 1987). Calabresi, a co-founder of the Federalist Society of conservative lawyers and judges, joins forces with another ambitious young Justice Department lawyer, John Harrison, and the two begin working to expand the power of the president. Calabresi and Harrison decide that an aggressive use of presidential signing statements can advance the president’s authority to the detriment of the legislative and judicial branches. Unfazed by a recent judicial rejection of just such signing statement usage (see 1984-1985), Calabresi and Harrison write a memo to Attorney General Edwin Meese advocating the issuing of more signing statements as part of a larger strategy to increase the president’s influence over the law. Calabresi and Harrison are interested in how what they call “activist judges” use the legislative history of a bill that became law to interpret that law’s meaning in subsequent judicial actions. The two lawyers believe that by issuing signing statements, the president can create a parallel record of presidential interpretations of potentially ambiguous laws to help guide judicial decisions. Meese approves of the idea, and in December has the West Publishing Company, which prints the US Code Congressional and Administration News, the standard collection of bills’ legislative history, begin including presidential signing statements in its publications. In 2007, author Charlie Savage will call Meese’s move “a major step in increasing the perceived legitimacy of the device.” [Savage, 2007, pp. 232] In 2007, Calabresi will say: “I initially thought of signing statements as presidential legislative history. I’ve subsequently come to think of them as being important vehicles by which presidents can control subordinates in the executive branch. They subsequently came to be important to the unitary executive [theory of presidential power].” [Savage, 2007, pp. 234]

Entity Tags: John Harrison, Charlie Savage, Federalist Society, West Publishing Company, US Department of Justice, Edwin Meese, Robert Bork, Steven Calabresi, US Supreme Court

Timeline Tags: Civil Liberties

Ralph Tarr, the acting head of the Justice Department’s Office of Legal Counsel, drafts a memo explaining how the White House has issued signing statements up until now (see August 23, 1985 - December 1985), and makes recommendations on how to improve the process. Tarr, acting at the behest of an aide to Attorney General Edwin Meese, issues what author Charlie Savage will call “a prescient seven-page manifesto.” Tarr writes that signing statements are “presently underutilized and could become far more important as a tool of presidential management of the agencies, a device for preserving issues of importance in the ongoing struggle for power with Congress, and an aid to statutory interpretation for the courts.” Tarr writes that signing statements have the potential to be used as a threat “with which to negotiate concessions from Congress.” The statements can also be used to tell executive branch agencies how to interpret a law: “The president can direct agencies to ignore unconstitutional provisions or to read provisions in a way that eliminates constitutional or policy problems. This direction permits the president to seize the initiative in creating what will eventually be the agency’s interpretation.” [Savage, 2007, pp. 232-233]

Entity Tags: Edwin Meese, Charlie Savage, Ralph Tarr, Reagan administration, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Justice Department lawyer Samuel Alito, a member of the department’s Litigation Strategy Working Group, writes a memo advocating the creation of a pilot project designed to increase the frequency and impact of presidential signing statements (see August 23, 1985 - December 1985 and October 1985). The rationale is to use signing statements to “increase the power of the executive to shape the law.” Alito focuses on the use of signing statements to parallel the legislative history of a bill, a relatively modest view, but still recognizes the potentially revolutionary nature of the idea. He writes that signing statements must be used incrementally, so as not to draw undue attention from civil libertarians and key Congressional members. “[D]ue to the novelty of the procedure and the potential increase of presidential power,” he writes, “[C]ongress is likely to resent the fact that the president will get the last word on questions of interpretation.” Alito suggests that President Reagan begin issuing signing statements only on bills affecting the Justice Department, and later issue such statements for bills that affect other areas of the federal government. “As an introductory step, our interpretative statements should be of moderate size and scope,” he writes. “Only relatively important questions should be addressed. We should concentrate on points of true ambiguity, rather than issuing interpretations that may seem to conflict with those of Congress. The first step will be to convince the courts that presidential signing statements are valuable interpretive tools.” President Reagan will issue signing statements that challenge, interpret, or actually rewrite 95 sections of bills, far more than any other president. His successor, George H. W. Bush, will challenge 232 sections of bills. [Savage, 2007, pp. 233-234]

Entity Tags: Litigation Strategy Working Group, George Herbert Walker Bush, Samuel Alito, US Department of Justice, Ronald Reagan

Timeline Tags: Civil Liberties

Edwin Meese.Edwin Meese. [Source: GQ (.com)]Attorney General Edwin Meese receives a report, “Separation of Powers: Legislative-Executive Relations.” Meese had commissioned the report from the Justice Department’s Domestic Policy Committee, an internal “think tank” staffed with hardline conservative scholars and policy advisers.
Recommendations for Restoring, Expanding Executive Power - The Meese report approvingly notes that “the strong leadership of President Reagan seems clearly to have ended the congressional resurgence of the 1970s.” It lays out recommendations for restoring the power taken from the executive branch after Watergate and Vietnam, and adding new powers besides. It recommends that the White House refuse to enforce laws and statutes that “unconstitutionally encroach upon the executive branch,” and for Reagan to veto more legislation and to use “signing statements” to state the White House’s position on newly passed laws. It also assails the 1972 War Powers Resolution and other laws that limit presidential power.
Reinterpreting the Separation of Powers and the Concept of 'Checks and Balances' - Perhaps most importantly, the Meese report claims that for 200 years, courts and scholars alike have misunderstood and misinterpreted the Founders’ intentions in positing the “separation of powers” system (see 1787 and 1793). The belief that the Constitution mandates three separate, co-equal branches of government—executive, judicial, and legislative—who wield overlapping areas of authority and work to keep each of the other branches from usurping too much power—a concept taught in school as “checks and balances”—is wrong, the report asserts. Instead, each branch has separate and independent sets of powers, and none of the three branches may tread or encroach on the others’ area of responsibility and authority. “The only ‘sharing of power’ is the sharing of the sum of all national government power,” the report claims. “But that is not joint shared, it is explicitly divided among the three branches.” According to the report, the White House should exercise total and unchallenged control of the executive branch, which, as reporter and author Charlie Savage will later explain, “could be conceived of as a unitary being with the president as its brain.” The concept of “checks and balances” is nothing more than an unconstitutional attempt by Congress to encroach on the rightful power of the executive. This theory of presidential function will soon be dubbed the “unitary executive theory,” a title adapted from a passage by Alexander Hamilton in the Federalist Papers. [Savage, 2007, pp. 47-48] Charles Fried, Reagan’s solicitor general during the second term, will later write that though the unitary executive theory displays “perfect logic” and a “beautiful symmetry,” it is difficult to defend, because it “is not literally compelled by the words of the Constitution. Nor did the framers’ intent compel this view.” [Savage, 2007, pp. 50]

Entity Tags: Charles Fried, Reagan administration, Domestic Policy Committee, US Department of Justice, Ronald Reagan, Edwin Meese, Charlie Savage

Timeline Tags: Civil Liberties

Antonin Scalia.Antonin Scalia. [Source: Oyez.org]Appeals court judge Antonin Scalia is sworn in as an Associate Justice of the US Supreme Court. [Legal Information Institute, 7/30/2007] Although Scalia is an ardent social conservative, with strongly negative views on such issues as abortion and homosexual rights, Scalia and Reagan administration officials both have consistently refused to answer questions about his positions on these issues, as President Reagan did at his June announcement of Scalia’s nomination. [Ronald Reagan Presidential Library, 6/17/1986] Scalia’s nomination is, in the words of Justice Department official Terry Eastland, “no better example of how a president should work in an institutional sense in choosing a nominee….” Eastland advocates the practice of a president seeking a judiciary nominee who has the proper “judicial philosophy.” A president can “influence the direction of the courts through his appointments” because “the judiciary has become more significant in our politics,” meaning Republican politics. [Dean, 2007, pp. 132] Scalia is the product of a careful search by Attorney General Edwin Meese and a team of Justice Department officials who wanted to find the nominee who would most closely mirror Reagan’s judicial and political philosophy (see 1985-1986).

Entity Tags: Ronald Reagan, Edwin Meese, Antonin Scalia, Terry Eastland, US Department of Justice

Timeline Tags: Civil Liberties

A federal appeals court rules 2-1 in favor of Theodore Olson, the former head of the Justice Department’s Office of Legal Counsel, who has refused to comply with a subpoena issued as part of an independent counsel’s investigation into political interference at the Environmental Protection Agency (EPA). Olson’s position is that the independent counsel is illegal under the Constitution, as interpreted by the so-called “unitary executive theory” (see April 30, 1986). One of the appellate court judges, Carter appointee Ruth Bader Ginsberg, argues that the independent counsel law is perfectly constitutional, and fits with the Founding Fathers’ vision of a system of “checks and balances” among the three governmental branches. But Reagan appointees Laurence Silberman and Stephen Williams outvote Ginsberg. Silberman, who writes the majority opinion, is a longtime advocate of increased executive power, and calls the independent counsel law “inconsistent with the doctrine of a unitary executive.” The Supreme Court will strike down Silberman’s ruling (see June 1988), but the independent counsel will not bring charges against Olson. [Savage, 2007, pp. 46-49]

Entity Tags: Office of Legal Counsel (DOJ), Environmental Protection Agency, Laurence Silberman, Stephen Williams, Theodore (“Ted”) Olson, US Supreme Court, Ruth Bader Ginsberg

Timeline Tags: Civil Liberties

The newly appointed general counsels of each executive branch receive a memo from William Barr, the new head of the Justice Department’s Office of Legal Counsel (OLC). The memo, entitled “Common Legislative Encroachments on Executive Branch Authority,” details the top 10 ways in which, in Barr’s view, Congress tries to interfere with executive branch powers. The list includes:
bullet “4. Micromanagement of the Executive Branch”;
bullet “5. Attempts to Gain Access to Sensitive Executive Branch Information”;
bullet “9. Attempts to Restrict the President’s Foreign Affairs Powers.”
The memo unequivocally endorses the “unitary executive theory” of the presidency (see April 30, 1986), despite that theory’s complete rejection by the Supreme Court (see June 1988). Barr also reiterates the belief that the Constitution requires the executive branch to “speak with one voice”—the president’s—and tells the general counsels to watch for any legislation that would protect executive branch officials from being fired at will by the president, one of the powers that Barr and other unitary executive proponents believe has been illegally taken by Congress. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” Barr writes. Reflecting on Barr’s arguments, law professor Neil Kinkopf, who will later serve in the OLC under President Clinton, will later write: “Never before had the Office of Legal Counsel… publicly articulated a policy of resisting Congress. The Barr memo did so with belligerence, staking out an expansive view of presidential power while asserting positions that contradicted recent Supreme Court precedent. Rather than fade away as ill-conceived and legally dubious, however, the memo’s ideas persisted and evolved within the Republican Party and conservative legal circles like the Federalist Society.” [Savage, 2007, pp. 57-59]

Entity Tags: Federalist Society, Neil Kinkopf, US Department of Justice, William P. Barr, Office of Legal Counsel (DOJ), Republican Party

Timeline Tags: Civil Liberties

A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Hambali, an important future al-Qaeda leader, moves to the village of Sungai Manggis, Malaysia, about an hour north of the capital of Kuala Lumpur. Hambali is from nearby Indonesia and fought in Afghanistan with Osama bin Laden in the late 1980s. He starts off poor, working at odd jobs, but soon is frequently traveling and has many overseas visitors. Intriguingly, Hambali’s landlord will later say of Hambali’s visitors, “Some looked Arab and others white.” Hambali plays a major role in the 1995 Bojinka plot in the Philippines (see January 6, 1995), and after that plot is foiled he continues to live in his simple Sungai Manggis house. [Time, 4/1/2002; Los Angeles Times, 9/1/2002] Living near Hambali in this village are other regional Islamist militant leaders such as Abdullah Sungkar, Imam Samudra (allegedly a key figure in the 2000 Christmas bombings (see December 24-30, 2000) and the 2002 Bali bombings (see October 12, 2002)), Abu Bakar Bashir, the spiritual leader of the al-Qaeda affiliate Jemaah Islamiyah, and Abu Jibril. So many militants live in this village that it becomes known as “Terror HQ” to intelligence agencies. Sungkar and Bashir are considered the two most well-known militant leaders in Southeast Asia at the time (Sungkar dies of old age in 1999). Hambali’s house is directly across from Bashir’s and they are considered friends. [Tempo, 10/29/2002; Ressa, 2003] Interestingly, Fauzi Hasbi, an Indonesian government mole posing as a militant leader, lives next door to Bashir as well. [SBS Dateline, 10/12/2005] Despite his role in the Bojinka plot, Hambali continues to live there very openly. Beginning in March 1995, just two months after the plot was foiled, Hambali throws his first feast for several hundred guests to mark a Muslim holiday. This becomes an annual party. He also sometimes travels to Indonesia. [Time, 4/1/2002] By May 1999, if not earlier, the FBI connects Hambali to the Bojinka plot (see May 23, 1999). In January 2000, he attends a key al-Qaeda summit in nearby Kuala Lumpur. The CIA gets pictures and video footage of him at the meeting and already has pictures of him from a computer linked to the Bojinka plot (see January 5-8, 2000 and January 5, 2000). However, there is no apparent effort to apprehend him, extradite him, or even put him on a public wanted list. He continues to live in Sungai Manggis until at least late 2000. [Conboy, 2003]

Entity Tags: Fauzi Hasbi, Abu Bakar Bashir, Hambali, Abdullah Sungkar, Jemaah Islamiyah, Abu Jibril, Imam Samudra

Timeline Tags: Complete 911 Timeline

In an unusually fiery speech, President George H. W. Bush tells an audience at Princeton University that he does not hold with Congressional attempts to limit presidential power. “The most common challenge to presidential powers comes from a predictable source,” he says, “the United States Congress.” Bush accuses lawmakers of trying to “micromanage” executive branch decisions, particularly in foreign policy (see July 27, 1989). He denounces Congress for attempting to, in his view, accumulate power at the expense of the executive branch by making excessive and unwarranted demands for information, and by “writing too-specific directions for carrying out a particular law.” Six of the 20 vetoes he has cast were to defend the presidency against such meddling, he asserts. And he criticizes Congress for passing bills containing indefensible earmarks and spending provisions; to curb such excesses, he demands a line-item veto. But he tempers his remarks: “The great joy and challenge of the office I occupy,” he concludes, “is that the president serves, not just as the unitary executive (see April 30, 1986), but hopefully as a unifying executive.” [Savage, 2007, pp. 59]

Entity Tags: George Herbert Walker Bush

Timeline Tags: Civil Liberties

A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).

Entity Tags: Earl Patton Ryals, US Department of the Navy

Timeline Tags: Civil Liberties

Clarence Thomas survives the Senate hearings to join the Supreme Court.Clarence Thomas survives the Senate hearings to join the Supreme Court. [Source: PBS]The full Senate votes to confirm Clarence Thomas (see July 2-August 28, 1991, October 8, 1991, and October 11-12, 1991) on a 52-48 vote, the lowest margin of victory by any Supreme Court nominee in US history. It is possible that some senators’ votes are influenced by a wash of “fast-action” polls reported by the White House, purporting to show that African-Americans overwhelmingly support Thomas, and a majority of citizens support Thomas’s confirmation. A year later, analysis proves those polls to be completely wrong. [Thomas Hearings Website, 8/1997; Dean, 2007, pp. 146-153] In 1992, Senator Joseph Biden (D-DE), a member of the Senate Judiciary Committee, will say: “That last hearing was not about Clarence Thomas. It was not about Anita Hill. It was about a massive power struggle going on in this country, a power struggle between women and men, and a power struggle between minoritites and the majority.” [Thomas Hearings Website, 8/1997]

Entity Tags: US Supreme Court, Joseph Biden, Bush administration (41), Clarence Thomas, Senate Judiciary Committee

Timeline Tags: Civil Liberties

Author Terry Eastland, the editor of Forbes Media Critic and a fellow with the Ethics and Public Policy Center, publishes Energy in the Executive: The Case for the Strong Presidency. The book makes an impassioned case for the “unitary executive” theory of the presidency (see April 30, 1986). In essence, Eastland’s argument is that a strong presidency, combined with a much diluted Congress and Supreme Court, is the best way for conservatives to achieve their aims. While traditional conservatives tend to reject this theory as unacceptably authoritarian, many others on the right—neoconservatives, social conservatives, the religious right, and other groups—have embraced the concept. Author and former Nixon White House counsel John Dean will call Eastland’s arguments “weak… deeply flawed as history and constitutional law, and closer to cheerleading for presidential hubris, excessive secrecy, and monarchical-like authority than a solid justification for a strong presidency.” [Dean, 2007, pp. 100-106]

Entity Tags: John Dean, Terry Eastland

Timeline Tags: Civil Liberties

A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Richard Chichakli.Richard Chichakli. [Source: Public domain]In the spring of 1993, Victor Bout moves to Sharjah, United Arab Emirates (UAE), and begins to use it as the central hub of expanding business empire. Bout is an ex-Russian military officer and is rapidly developing an international network to buy, sell, and transport illegal goods, mostly weapons. The UAE is centrally located for his needs, and it has no money laundering laws, low taxes, and very lax banking regulations. Sharjah International Airport has almost no air passenger traffic at the time, being overshadowed by the popular airport in Dubai a short distance away. So the airport establishes a niche as an air cargo hub by offering tax incentives for cargo companies. In 1993, Richard Chichakli becomes friends and business partners with Bout. In 1995, Sharjah airport hires Chichakli to be the commercial manager of a new free trade zone now being heavily used by Bout. Chichakli, a Syrian by birth, has an interesting background. He claims to have been friends with Osama bin Laden while studying in Saudi Arabia in the early 1980s. He will later claim that he used to “sit around and eat sandwiches and sing songs” with bin Laden and his siblings, back when “Osama was OK.” In 1986, he moved to Texas, became a US citizen, and served in the US army until 1993, specializing in aviation, interrogation, and intelligence. He will later claim that he not only served in the US military, but also spent about 18 years working in intelligence (which, if true, would mean he was an intelligence agent when he was friends with bin Laden). Chichakli’s free trade zone is wildly successful. [Center for Public Integrity, 11/20/2002; Farah and Braun, 2007, pp. 53-56] In 2000, US investigators will learn that Chichakli is living in Texas again and is still working closely with Bout. [Farah and Braun, 2007, pp. 53] However, no action will be taken against him until April 26, 2005, when US Treasury and FBI agents raid his home and business in Texas. They will seize his computer, documents, and over $1 million in assets as part of an investigation into Bout’s financial empire, but they will not arrest him. Chichakli will not be stopped when he leaves the US several days later. He will move to Syria, where it is later suspected that he and Bout supply Hezbollah with weapons (see July 2006). [Farah and Braun, 2007, pp. 247-248] Meanwhile, Sharjah and its airport will become a hub for al-Qaeda and the 9/11 plot. By 1996, there are daily flights between Afghanistan and Sharjah, and al-Qaeda uses Sharjah for drug and arms smuggling (see Mid-1996-October 2001). 9/11 mastermind Khalid Shaikh Mohammed will live in Sharjah in 1998 (see July 8, 1999), and 9/11 plot facilitator Mustafa Ahmed al-Hawsawi will be based in Sharjah in the months before the 9/11 attacks. Some of the 9/11 hijackers will pass through there and visit him (see Early-Late June, 2001).

Entity Tags: Victor Bout, Richard Chichakli

Timeline Tags: Complete 911 Timeline

The 9/11 Commission, relying on a CIA report, will later say that three of the men involved in the 1993 World Trade Center bombing travel on Saudi passports containing an indicator of possible Islamist extremism. [9/11 Commission, 8/21/2004, pp. 46-47, 61 pdf file] Author James Bamford will say that it is a “secret coded indicator, placed there by the Saudi government, warning of a possible terrorist affiliation.” [Bamford, 2008, pp. 58-59] It is unclear what the indicator looks like precisely and who the men are. However, Ahmad Ajaj, an associate of lead bomber Ramzi Yousef, does have a Saudi passport. Some of the 9/11 hijackers will later use Saudi passports with the same indicator (see October 28, 2000, June 1, 2001, and June 13, 2001, and November 2, 2007). [9/11 Commission, 8/21/2004, pp. 46-47, 61 pdf file]

Entity Tags: Ahmad Ajaj

Timeline Tags: Complete 911 Timeline

Bomb damage in underground levels of the WTC in 1993.Bomb damage in underground levels of the WTC in 1993. [Source: Najlah Feanny/ Corbis]An attempt to topple the World Trade Center in New York City fails, but six people are killed and over 1,000 injured in the misfired blast. The explosion is caused by the detonation of a truck bomb in the underground parking garage. An FBI explosives expert will later state, “If they had found the exact architectural Achilles’ heel or if the bomb had been a little bit bigger, not much more, 500 pounds more, I think it would have brought her down.” Ramzi Yousef, who has close ties to Osama bin Laden, organizes the attempt. [Village Voice, 3/30/1993; US Congress, 2/24/1998] The New York Times will report on Emad Salem, an undercover agent who will be the key government witness in the trial against Yousef. Salem will testify that the FBI knew about the attack beforehand and told him it would thwart the attack by substituting a harmless powder for the explosives. However, an FBI supervisor called off this plan and the bombing was not stopped. [New York Times, 10/28/1993] Other suspects were ineptly investigated before the bombing as early as 1990. Several of the bombers were trained by the CIA to fight in the Afghan war and the CIA will conclude, in internal documents, that it was “partly culpable” for this bombing (see January 24, 1994). [Independent, 11/1/1998] 9/11 mastermind Khalid Shaikh Mohammed is an uncle of Yousef and also has a role in the bombing (see March 20, 1993). [Independent, 6/6/2002; Los Angeles Times, 9/1/2002] One of the bombers even leaves a message, which will be found by investigators, stating, “Next time, it will be very precise.” [Associated Press, 9/30/2001]

Entity Tags: Khalid Shaikh Mohammed, Federal Bureau of Investigation, Ramzi Yousef, Osama bin Laden, World Trade Center, Emad Salem, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

A young Indonesian nicknamed Hambali forms a front company that ties al-Qaeda figures to the Bojinka plot (see January 6, 1995), an early version of the 9/11 plot. Hambali had fought in Afghanistan in the late 1980’s, repeatedly met with bin Laden there, and allied himself to bin Laden’s cause. In 1994, Hambali, living in a village north of Kuala Lumpur, Malaysia, began frequently receiving visitors. According to his landlord, “Some looked Arab and others white.” There has been no explanation who these “white” visitors may have been. Hambali had been very poor prior to this time, but he is suddenly “flush with newfound cash” brought by the visitors. In June 1994, he founds a front company called Konsonjaya with Wali Khan Amin Shah, a key Bojinka plotter, and both their names are listed on the eight-person board of directors. Shah fought with bin Laden in Afghanistan, and bin Laden will even admit knowing him and praise him in an 1998 interview (see May 28, 1998). Philippine police phone taps show that frequent calls are made from the Konsonjaya offices in Malaysia to the Philippines offices of Mohammed Jamal Khalifa, bin Laden’s brother-in-law who is also believed to be part of the Bojinka plot (see 1994). [Time, 4/1/2002] A Malaysian official will later say that Hambali spends time in the Philippines with Shah and bomber Ramzi Yousef in 1994 as they plan the Bojinka plot. [Washington Post, 2/3/2002] Mohammed Amin al-Ghafari, another Konsonjaya director, makes frequent trips from Malaysia to the Philippines while planning for the Bojinka plot is under way, and he is later believed to play a key role in financing the plot. In early 1995, after the Bojinka plot is broken up, one of the arrested Bojinka plotters will confess to Konsonjaya’s role in the plot (see February-Early May 1995) and a Philippine investigator’s flow chart of the Bojinka plotters and their connections will prominently include Konsonjaya (see Spring 1995). However, neither the Philippine nor US government appears interested in capturing Hambali, al-Ghafari, or the others involved in Konsonjaya before 9/11. [Los Angeles Times, 6/24/2002; Contemporary Southeast Asia, 12/1/2002] Hambali will continue to live openly in Malaysia, even throwing a party every year for hundreds of people (see April 1991-Late 2000). He will go on to plan other al-Qaeda attacks and will attend a key planning meeting for the 9/11 plot in 2000 (see January 5-8, 2000). [Time, 4/1/2002] Al-Ghafari will finally be deported in 2002 after years of police protection (see October 8-November 8, 2002).

Entity Tags: Wali Khan Amin Shah, Ramzi Yousef, Mohammed Amin al-Ghafari, Konsonjaya, Hambali, Mohammed Jamal Khalifa, Operation Bojinka

Timeline Tags: Complete 911 Timeline

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi fight in the Bosnian civil war against the Serbs. [US Congress, 7/24/2003, pp. 131 pdf file] The 9/11 Commission will later say that the two “traveled together to fight in Bosnia in a group that journeyed to the Balkans in 1995,” but will not give any other details. [9/11 Commission, 7/24/2004, pp. 155] Ramzi bin al-Shibh fights there too. A witness will later recount traveling to Hamburg from Bosnia with bin al-Shibh in 1996 (see (1995-1996)). [Schindler, 2007, pp. 281-282] 9/11 planner Khalid Shaikh Mohammed (KSM) fights in Bosnia in 1995 as well (see 1992-1995), but it is not known if any of them are ever there together. Under interrogation, KSM will say that in 1999 he did not know Almihdhar. However, doubts will be expressed about the reliability of statements made by KSM in detention, because of the methods used to extract them (see June 16, 2004). [US District Court for the Eastern District of Virginia, 7/31/2006, pp. 17 pdf file] Alhazmi and Almihdhar will later go on to fight in Chechnya (see 1993-1999).

Entity Tags: Khalid Shaikh Mohammed, Nawaf Alhazmi, Khalid Almihdhar, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

One of Ramzi Yousef’s timers seized by Philippines police in January 1995.One of Ramzi Yousef’s timers seized by Philippines police in January 1995. [Source: Peter Lance]Responding to an apartment fire, Philippine investigators uncover an al-Qaeda plot to assassinate the Pope that is scheduled to take place when he visits the Philippines one week later. While investigating that scheme, they also uncover Operation Bojinka, planned by the same people: 1993 WTC bomber Ramzi Yousef and 9/11 mastermind Khalid Shaikh Mohammed (KSM). [Independent, 6/6/2002; Los Angeles Times, 6/24/2002; Los Angeles Times, 9/1/2002] Many initial reports after 9/11 will claim the fire was accidental and the police discovery of it was a lucky break, but in 2002 the Los Angeles Times will report that the police started the fire on purpose as an excuse to look around the apartment. In the course of investigating the fire, one of the main plotters, Abdul Hakim Murad, is arrested. [Los Angeles Times, 9/1/2002] The plot has two main components. On January 12, Pope John Paul II is scheduled to visit Manila and stay for five days. A series of bombs along his parade route would be detonated by remote control, killing thousands, including the Pope. Yousef’s apartment is only 500 feet from the residence where the Pope will be staying. [Reeve, 1999, pp. 78; Lance, 2006, pp. 138] Then, starting January 21, a series of bombs would be placed on airplanes. [Insight, 5/27/2002] Five men, Yousef, Wali Khan Amin Shah, Abdul Hakim Murad, Abd al-Karim Yousef (a.k.a., Adel Anon, Yousef’s twin brother), and Khalid Al-Shaikh (thought to be an alias for KSM) would depart to different Asian cities and place a timed bomb on board during the first leg of passenger planes traveling to Los Angeles, San Francisco, Honolulu, and New York. They would then transfer to another flight and place a second bomb on board that flight. In all, 11 to 12 planes would blow up in a two day period over the Pacific. If successful, some 4,000 people would have been killed. [Agence France-Presse, 12/8/2001; Insight, 5/27/2002; Contemporary Southeast Asia, 12/1/2002] According to another account, some of the bombs would be timed to go off weeks or even months later. Presumably worldwide air travel could be interrupted for months. [Lance, 2003, pp. 260-61] A second wave of attacks involving crashing airplanes into buildings in the US would go forward later, once the pilots are trained for it (see February-Early May 1995).

Entity Tags: Abd al-Karim Yousef, Khalid Shaikh Mohammed, Ramzi Yousef, Wali Khan Amin Shah, Operation Bojinka, Al-Qaeda, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Colonel Rodolfo Mendoza.Colonel Rodolfo Mendoza. [Source: Australian Broadcasting Corporation]As Colonel Mendoza, the Philippines investigator, continues to interrogate Operation Bojinka plotter Abdul Hakim Murad, details of a post-Bojinka “second wave” emerge. Author Peter Lance calls this phase “a virtual blueprint of the 9/11 attacks.” Murad reveals a plan to hijack commercial airliners at some point after the effect of Bojinka dies down. Murad himself had been training in the US for this plot. He names the ten or so buildings that would be targeted for attack:
bullet CIA headquarters.
bullet The Pentagon.
bullet An unidentified nuclear power plant.
bullet The Transamerica Tower in San Francisco.
bullet The Sears Tower in Chicago.
bullet The World Trade Center.
bullet John Hancock Tower in Boston.
bullet US Congress.
bullet The White House. [Washington Post, 12/30/2001; Lance, 2003, pp. 278-280; Playboy, 6/1/2005]
Murad continues to reveal more information about this plot until he is handed over to the FBI in April (see April-May 1995). He also mentions that ten suicide pilots have already been chosen and are training in the US (see February 1995-1996). Mendoza uses what he learns from Murad and other sources to make a flow chart connecting many key al-Qaeda figures together (see Spring 1995). Philippine authorities later claim that they provide all of this information to US authorities, but the US fails to follow up on any of it. [Lance, 2003, pp. 303-4] Sam Karmilowicz, a security official at the US embassy in Manila, Philippines during this time period, will later claim that just before Murad was deported to the US in early May, he picked up an envelope containing all that the Philippine government had learned from Murad. He then sent the envelope to a US Justice Department office in New York City. He believes Mike Garcia and Dietrich Snell, assistant US attorneys who will later prosecute Murad, almost certainly had access to this evidence (see Early 1998). [CounterPunch, 3/9/2006]

Entity Tags: Al-Qaeda, Ramzi Yousef, Rodolfo Mendoza, Hambali, Peter Lance, Dietrich Snell, Khalid Shaikh Mohammed, Mohammed Jamal Khalifa, Mike Garcia, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Clinton issues Executive Order 12949, which marginally extends the powers of the Justice Department to conduct warrantless surveillance of designated targets, specifically suspected foreign terrorists. Perhaps the most controversial aspect of the order comes in the first section, which reads, “Pursuant to section 302(a)(1) of the [Foreign Intelligence Surveillance] Act [FISA], the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.” [US President, 2/9/1995] As with then-president Jimmy Carter’s own May 1979 order extending the Justice Department’s surveillance capabilities (see May 23, 1979), after George W. Bush’s warrantless domestic wiretapping program will be revealed in December 2005 (see December 15, 2005), many of that program’s defenders will point to Clinton’s order as “proof” that Clinton, too, exercised unconstitutionally broad powers in authorizing wiretaps and other surveillance of Americans. These defenders will point to the “physical search” clause in Clinton’s order to support their contention that, if anything, Clinton’s order was even more egregrious than anything Bush will order. This contention is false. [50 U.S.C. 1802(a); Think Progress, 12/20/2005] Under FISA, the Attorney General must certify that any such physical search does not involve the premises, information, material, or property of a United States person.” That means US citizens or anyone inside the United States. Clinton’s order does not authorize warrantless surveillance or physical searches of US citizens. [US President, 2/9/1995; Think Progress, 12/20/2005]

Entity Tags: US Department of Justice, James Earl “Jimmy” Carter, Jr., William Jefferson (“Bill”) Clinton, George W. Bush, Foreign Intelligence Surveillance Act

Timeline Tags: Civil Liberties

The Alfred P. Murrah Building after being bombed.The Alfred P. Murrah Building after being bombed. [Source: CBS News]A truck bomb destroys the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people in America’s worst domestic terrorist attack. Timothy McVeigh, later convicted in the bombing, has ideological roots both in the Patriot world and among neo-Nazis like William Pierce, whose novel, The Turner Diaries (see 1978), served as a blueprint for the attack. [Washington Post, 4/20/1995; Southern Poverty Law Center, 6/2001; Clarke, 2004, pp. 127] Initially, many believe that no American set off the bomb, and suspect Islamist terrorists of actually carrying out the bombing (see 10:00 a.m. April 19, 1995 and After). Their suspicions prove groundless. Investigators will find that the bomb is constructed of some 5,000 pounds of ammonium nitrate and fuel oil, carried in 20 or so blue plastic 55-gallon barrels arranged inside a rented Ryder truck (see April 15, 1995). The bomb is detonated by a slow-burning safety fuse, most likely lit by hand. The fuse is attached to a much faster-burning detonation cord (“det cord”) which ignites the fertilizer and fuel-oil mixture. [New York Times, 4/27/1995] The Murrah Federal Building houses a number of federal agencies, including offices for the Bureau of Alcohol, Tobacco and Firearms (BATF); the Social Security Administration; the Housing and Urban Development (HUD), Veterans Affairs, and Agriculture departments; and the Secret Service. [Washington Post, 4/20/1995] It encompasses an entire city block, between 5th and 4th Streets and Harvey and Robinson Streets, and features a U-shaped, indented drive on 5th that allows for quick pickup and delivery parking. The entire building’s facade on this side is made of glass, allowing passersby to see into the offices in the building, as well as into the America’s Kids day care center on the second floor, which by this time is filling with children. It is in this driveway that McVeigh parks his truck. [Serrano, 1998, pp. 99-102]
Entering the City - McVeigh drives into Oklahoma City, entering around 8:30 a.m. from his overnight stop in Ponca City, Oklahoma; the details reported of his entrance into the city vary (see 7:00 a.m. - 8:35 a.m., April 19, 1995). At 8:55 a.m., a security camera captures the Ryder truck as it heads towards downtown Oklahoma City [Douglas O. Linder, 2006] , a sighting bolstered by three people leaving the building who later say they saw the truck parked in front of the Murrah Building around this time. At 8:57, a security camera captures an image of McVeigh’s Ryder truck being parked outside the Murrah Building in a handicapped zone. One survivor of the blast, Marine recruiter Michael Norfleet, later recalls seeing the Ryder truck parked just outside the building next to the little circle drive on 5th Street leading up to the main entrance of the building. Norfleet had parked his black Ford Ranger in front of the Ryder.
McVeigh Lights Fuses - McVeigh drives the Ryder truck west past the Murrah Building on NW Fourth Street, turns north on a one-way street, and turns right on Fifth Street. He pulls the truck over and parks near the Firestone store, next to a chain-link fence. He then lights the five-minute fuses from inside the cab (see 8:15 a.m. and After, April 18, 1995), sets the parking brake, drops the key behind the seat, opens the door, locks the truck, exits, and shuts the door behind him. A man later claims to have hit his brakes to avoid someone matching McVeigh’s description as he crossed Fifth Street around 9:00 a.m. McVeigh walks quickly toward a nearby YMCA building where he has hidden his getaway car, a battered yellow Mercury Marquis (see April 13, 1995), in the adjoining alleyway, crossing Robinson Street and crossing another street to get to the alleyway. He begins to jog as he approaches his car. He later says he remembers a woman looking at him as she is walking down the steps to enter the building; he will describe her as white, in her mid-30s, with dirty blonde hair. According to McVeigh’s own recollection, he is about 20 feet into the alley when the bomb goes off. [Stickney, 1996, pp. 184-185; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 158; Douglas O. Linder, 2006; The Oklahoman, 4/2009]
Truck Explodes - At 9:02 a.m., the truck explodes, destroying most of the Murrah Building and seriously damaging many nearby buildings. Eventually, it will be determined that 168 people die in the blast, including 19 children. Over 500 are injured. The children are in the second-story day care center just above the parking space where McVeigh leaves the Ryder truck. McVeigh will later tell his biographers that he is lifted off his feet by the power of the blast.
Devastation and Death - When the bomb detonates, the day care center and the children plummet into the basement. The building, constructed with large glass windows, collapses, sending a wave of flying glass shards and debris into the building and the surrounding area. The oldest victim is 73-year-old Charles Hurlbert, who has come to the Social Security office on the first floor. Hurlbert’s wife Jean, 67, also dies in the blast. The youngest victim is four-month-old Gabeon Bruce, whose mother is also in the Social Security office. One victim, Rebecca Anderson, is a nurse who runs towards the building to render assistance. She never makes it to the building; she is struck in the head by a piece of falling debris and will die in a hospital four days after the blast. Her heart and kidneys will be transplanted into survivors of the bombing. [Denver Post, 6/3/1997; New York Times, 6/3/1997; Serrano, 1998, pp. 153-154; Oklahoma City Journal Record, 3/29/2001] Sherri Sparks, who has friends still unaccounted for in the building, tells a reporter in the hours after the blast, “Oh, I can’t stand the thought of… those innocent children, sitting there playing, thinking they’re safe, and then this happens.” The explosion leaves a 30-foot-wide, 8-foot-deep crater in the street that is covered by the wreckage of the building’s upper floors. The north face of the nine-story building collapses entirely. [Washington Post, 4/20/1995; Washington Post, 4/22/1995] Mary Heath, a psychologist who works about 20 blocks from the Murrah Building, says the blast “shook the daylights out of things—it scared us to death. We felt the windows shake before we heard the noise.” In a neighboring building, a Water Resources Board meeting is just commencing; the audiotape of the meeting captures the sound of the blast (see 9:02 a.m. and After, April 19, 1995). [Washington Post, 4/20/1995; The Oklahoman, 4/2009] Norfleet, trapped in the Marine Corps office, is thrown into a wall by the explosion. His skull is fractured, and a shard of glass punctures his right eye. Three separate arteries are pierced, and Norfleet begins bleeding heavily. Two supply sergeants in the office are far less injured; Norfleet asks one, “How bad am I hurt?” and one replies, “Sir, you look really bad.” One of the two begins giving Norfleet first aid; Norfleet later recalls: “He immediately went into combat mode and started taking care of me. He laid me on a table and he started looking for bandages to administer first aid. And while I was laying on that table, I just knew that I was losing strength and that if I stayed in the building, I would die.” Norfleet wraps a shirt around his head and face to slow the bleeding, and the two sergeants help him to the stairs, through the fallen rubble, and eventually out. Norfleet will later say that he follows “a blood trail of somebody that had gone down the steps before me” to get outside, where he is quickly put into an ambulance. He loses almost half his body’s blood supply and his right eye. He will never fly again, and will soon be discharged for medical incapacity. [Serrano, 1998, pp. 161-162] Eighteen-month-old Phillip Allen, called “P.J.” by his parents, miraculously survives the blast. The floor gives way beneath him and he plunges 18 feet to land on the stomach of an adult worker on the floor below, Calvin Johnson. Landing on Johnson’s stomach saves P.J.‘s life. Johnson is knocked unconscious by the blast and by the impact of the little boy falling on him, but when he awakes, he carries the toddler to safety. P.J.‘s grandfather calls the child “Oklahoma’s miracle kid,” and media reports use the label when retelling the story of the miraculous rescue. P.J. is one of six children in the day care center to survive the blast. [Stickney, 1996, pp. 275-277] Some people later report their belief that the Murrah Building was rocked by a second explosion just moments after the first one, the second coming from a secure area managed by the Bureau of Alcohol, Tobacco and Firearms (BATF) that illegally stored explosives. Law professor Douglas O. Linder will later write, “Both seismic evidence and witness testimony supports the ‘two blast theory.’” [Douglas O. Linder, 2006] That theory is later disputed (see After 9:02 a.m. April 19, 1995).
Explosion's Effects Felt Miles Away - Buildings near the Murrah are also damaged, seven severely, including the Journal Record newspaper building, the offices of Southwestern Bell, the Water Resources Board, an Athenian restaurant, the YMCA, a post office building, and the Regency Tower Hotel. Two Water Resources Board employees and a restaurant worker are killed in the blast. The Journal Record building loses its roof. Assistant Fire Chief Jon Hansen later recalls, “The entire block looked like something out of war-torn Bosnia.” Every building within four blocks of the Murrah suffers some effects. A United Parcel Service truck 10 miles away has its windows shattered by the blast. Cars in parking lots around the area catch fire and burn. Millions of sheets of paper, and an innumerable number of glass shards, shower down for hundreds of feet around the building. [Stickney, 1996, pp. 28-30]
Truck Axle Crushes Nearby Car - Richard Nichols (no relation to bomber Timothy McVeigh’s co-conspirator Terry Nichols), a maintenance worker standing with his wife a block and a half away from the Murrah Building, is spun around by the force of the blast. They throw open the back door of their car and begin taking their young nephew Chad Nichols out of the back seat, when Richard sees a large shaft of metal hurtling towards them. The “humongous object… spinning like a boomerang,” as Richard later describes it, hits the front of their Ford Festiva, smashing the windshield, crushing the front end, driving the rear end high into the air, and sending the entire car spinning backwards about 10 feet. Chad is not seriously injured. The metal shaft is the rear axle of the Ryder truck. Later, investigators determine that it weighs 250 pounds and was blown 575 feet from where the truck was parked. Governor Frank Keating (R-OK) points out the axle to reporters when he walks the scene a day or so later, causing some media outlets to incorrectly report that Keating “discovered” the axle. The scene will take investigators days to process for evidence. [Stickney, 1996, pp. 32; New York Times, 6/3/1997; Serrano, 1998, pp. 187-189]
First Responders Begin Arriving - Within minutes, survivors begin evacuating the building, and first responders appear on the scene (see 9:02 a.m. - 10:35 a.m. April 19, 1995).
McVeigh's Getaway - McVeigh flees the bomb site in his Mercury getaway car (see 9:02 a.m. and After, April 19, 1995), but is captured less than 90 minutes later (see 9:03 a.m. -- 10:17 a.m. April 19, 1995).

Sheila E. Witnall, the secretary of the Air Force, declassifies all Air Force accident reports prior to January 25, 1956. The declassification includes the 1948 crash of the B-29 bomber that killed nine of 13 crew members during a secret “Project Banshee” mission (see October 6, 1948). The formerly classified reports had been at the heart of the case of US v Reynolds (see March 9, 1953) that sparked the so-called “state secrets” privilege. Four years after the declassification, the daughter of one of the slain civilians on board, Judy Palya Loether, finds the accident report on the Internet; the discovery spurs her to begin looking into the circumstances of her father’s death, and ultimately will result in a second lawsuit being filed on behalf of the families of the slain crewmen (see February 26, 2003). [Siegel, 2008, pp. 205-208]

Entity Tags: Project Banshee, Sheila E. Witnall, Judy Palya Loether, US Department of the Air Force

Timeline Tags: Civil Liberties

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

According to counterterrorism expert Rohan Gunaratna, US intelligence monitoring al-Qaeda communications learn that al-Qaeda is canceling an attack on Western targets in Singapore. On April 18, 1996, 108 Lebanese civilians seeking refuge at a UN camp in Qana, Lebanon, are killed by mortars fired by Israeli forces. Bin Laden “was keen not to dissipate what he envisaged as widespread revulsion against Israel’s action and hence called off the strike in Southeast Asia. Al-Qaeda’s team in question was very determined to go ahead, having spent years preparing the attack, and according to the intercepts it proved difficult for Osama to convince it otherwise.” Gunaratna claims the US learned this through the NSA’s Echelon satellite network (see Before September 11, 2001) “and other technical monitoring of their communications traffic.” [Gunaratna, 2003, pp. 133-134] If true, this case supports other evidence that the US was successfully monitoring bin Laden’s communications from an early date (see Early 1990s) and that al-Qaeda’s Southeast Asia operations were penetrated years before an important al-Qaeda summit in Malaysia discussing the 9/11 plot (see January 5-8, 2000).

Entity Tags: Echelon, Al-Qaeda, Osama bin Laden, National Security Agency

Timeline Tags: Complete 911 Timeline

In 1996, al-Qaeda assumes control of Ariana Airlines, Afghanistan’s national airline, for use in its illegal trade network. Passenger flights become few and erratic, as planes are used to fly drugs, weapons, gold, and personnel, primarily between Afghanistan, the United Arab Emirates (UAE), and Pakistan. The Emirate of Sharjah, in the UAE, becomes a hub for al-Qaeda drug and arms smuggling. Typically, “large quantities of drugs” are flown from Kandahar, Afghanistan, to Sharjah, and large quantities of weapons are flown back to Afghanistan. [Los Angeles Times, 11/18/2001] About three to four flights run the route each day. Many weapons come from Victor Bout, a notorious Russian arms dealer based in Sharjah. [Los Angeles Times, 1/20/2002] Afghan taxes on opium production are paid in gold, and then the gold bullion is flown to Dubai, UAE, and laundered into cash. [Washington Post, 2/17/2002] Taliban officials regularly provide militants with false papers identifying them as Ariana Airlines employees so they can move freely around the world. For instance, one flight on a Ariana small plane in 2000 lists 33 crew members. A former National Security Council official later claims the US is well aware at the time that al-Qaeda agents regularly fly on Ariana Airlines. (However, US intelligence will not learn of the widespread use of forged Ariana IDs until after 9/11.) The CIA learns of Bout’s connection to Ariana and the Taliban in 1998, but takes no action (see 1998). The US presses the UAE for tighter banking controls, but moves “delicately, not wanting to offend an ally in an already complicated relationship,” and little changes by 9/11. [Los Angeles Times, 11/18/2001; Farah and Braun, 2007, pp. 139] Much of the money for the 9/11 hijackers flows though these Sharjah, UAE, channels. There also are reports suggesting that Ariana Airlines might have been used to train Islamic militants as pilots. The illegal use of Ariana Airlines helps convince the United Nations to impose sanctions against Afghanistan in 1999, but the sanctions lack teeth and do not stop the airline. A second round of sanctions finally stops foreign Ariana Airlines flights, but its charter flights and other charter services keep the illegal network running. [Los Angeles Times, 11/18/2001] About nine of the 9/11 hijackers work at the Kandahar airport in 2000, which is Ariana’s main hub (see Summer 2000).

Entity Tags: Taliban, United Arab Emirates, United Nations, Al-Qaeda, Ariana Airlines, Victor Bout

Timeline Tags: Complete 911 Timeline

Prince Turki al-Faisal, Saudi intelligence minister until shortly before 9/11 (see August 31, 2001), will later claim that al-Qaeda attempts to smuggle weapons into Saudi Arabia to mount attacks on police stations. The plot is uncovered and prevented by Saudi intelligence, and two of the unsuccessful gunrunners, future hijackers Khalid Almihdhar and Nawaf Alhazmi, are watchlisted. [Salon, 10/18/2003; Wright, 2006, pp. 266, 310-311, 448] However, Almihdhar and Alhazmi continue to move in and out of Saudi Arabia unchecked and will obtain US visas there in April 1999 (see 1993-1999 and April 3-7, 1999). The US is supposedly informed of Almihdhar and Alhazmi’s al-Qaeda connection by the end of 1999 (see Late 1999). Abd al-Rahim al-Nashiri, an associate of Almihdhar and Alhazmi (see January 5-8, 2000), is implicated in a plot to smuggle four Russian antitank missiles into Saudi Arabia around the same time, although it is unclear whether this is the same plot or a different one. The Saudi authorities uncover this plot and the US is apparently informed of the missile seizure in June 1998. [9/11 Commission, 7/24/2004, pp. 152-3, 491]

Entity Tags: Saudi General Intelligence Presidency, Abd al-Rahim al-Nashiri, Nawaf Alhazmi, Turki al-Faisal, Khalid Almihdhar, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After a renditions branch is established at the CIA in 1997, responsibility at the agency for dealing with Khalid Shaikh Mohammed (KSM) is transferred there. This is because he is wanted in connection with the Bojinka plot (see January 8, 1998). The 9/11 Commission will say that this both improves the CIA’s coverage of KSM—because it gives them a “man-to-man” focus—and also degrades it—as less analysis is performed related to rendition targets. [9/11 Commission, 7/24/2004, pp. 276-7] The CIA’s inspector general will say that at this time the agency’s Counterterrorist Center considers KSM a “high-priority target for apprehension and rendition,” but will fail to recognize the importance of reporting from “credible sources” before 9/11 that shows he is a top al-Qaeda leader and is sending other terrorists to the US to work for Osama bin Laden (see June 12, 2001 and August 28, 2001). The inspector general will recommend that an accountability board review the performance of at least four officers for these failures. [Central Intelligence Agency, 6/2005, pp. xii-xiii pdf file]

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

When Saudi authorities foil a plot by al-Qaeda manager Abd al-Rahim al-Nashiri to smuggle missiles into the kingdom (see 1997), CIA director George Tenet becomes so concerned they are withholding information about the plot from the US that he flies to Saudi Arabia to meet Interior Minister Prince Nayef. Tenet is concerned because he believes that the four antitank missiles smuggled in from Yemen by al-Nashiri, head of al-Qaeda operations in the Arabian peninsula, may be intended for an assassination attempt on Vice President Albert Gore, who is to visit Saudi Arabia shortly. Tenet and another CIA manager are unhappy about the information being withheld and Tenet flies to Riyadh “to underscore the importance of sharing such information.” Tenet obtains “a comprehensive report on the entire Sagger missile episode” from Interior Minister Prince Nayef by making a not-so-veiled threat about negative publicity for Saudi Arabia in the US press. [Tenet, 2007, pp. 105-6] It will later be reported that the militants’ plan is apparently to use the armor-piercing missiles to attack the armored limousines of members of the Saudi royal family. [New York Times, 12/23/2002] There are no reports of the planned attack being carried out, so it appears to fail due to the confiscation of the missiles. However, al-Nashiri will later be identified as a facilitator of the East African embassy bombings (see August 22-25 1998) and will attend a summit of al-Qaeda operatives in Kuala Lumpur, Malaysia, which is monitored by local authorities and the CIA (see January 5-8, 2000).

Entity Tags: Abd al-Rahim al-Nashiri, Saudi Arabia, George J. Tenet, Central Intelligence Agency, Nayef bin Abdul-Aziz

Timeline Tags: Complete 911 Timeline

In June 2001, a CIA cable describing background information on bin Laden’s associates will mention that 9/11 mastermind Khalid Shaikh Mohammed (KSM) is regularly traveling to the US. The CIA’s Renditions Branch had been looking for KSM since at least 1997. In July 2001, the source of this information will positively identify KSM’s photo from a line up and clarify that the last known time KSM went to the US was in the summer of 1998 (see June 12, 2001). Presumably, KSM may have been more reluctant to travel to the US after the crackdown on al-Qaeda in the wake of the August 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [9/11 Commission, 7/24/2004, pp. 277, 533] In May 1995, the FBI learned that KSM had been in the US, had a current and valid US visa, and was planning to come back to the US, possibly to take flying lessons (see April-May 1995). Additionally, KSM will receive a new US visa on July 23, 2001, though it isn’t known if he ever uses it (see July 23, 2001).

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right).Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right). [Source: Associated Press]Two US embassies in Africa are bombed within minutes of each other. At 10:35 a.m., local time, a suicide car bomb attack in Nairobi, Kenya, kills 213 people, including 12 US nationals, and injures more than 4,500. Mohamed al-Owhali and someone known only as Azzam are the suicide bombers, but al-Owhali runs away at the last minute and survives. Four minutes later, a suicide car bomb attack in Dar es Salaam, Tanzania, kills 11 and injures 85. Hamden Khalif Allah Awad is the suicide bomber there. The attacks will be blamed on al-Qaeda. [PBS Frontline, 2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] The Tanzania death toll is low because, remarkably, the attack takes place on a national holiday so the US embassy there is closed. [Miller, Stone, and Mitchell, 2002, pp. 195] The attack shows al-Qaeda has a capability for simultaneous attacks. The Tanzania bombing appears to have been a late addition, as one of the arrested bombers will allegedly tell US agents that it was added to the plot only about 10 days in advance. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001] A third attack against the US embassy in Uganda does not take place due to a last-minute delay (see August 7, 1998). [Associated Press, 9/25/1998] August 7, 1998, is the eighth anniversary of the arrival of US troops in Saudi Arabia and some people will speculate that this is the reason for the date of the bombings. [Gunaratna, 2003, pp. 46] In the 2002 book The Cell, reporters John Miller, Michael Stone, and Chris Mitchell will write: “What has become clear with time is that facets of the East Africa plot had been known beforehand to the FBI, the CIA, the State Department, and to Israeli and Kenyan intelligence services.… [N]o one can seriously argue that the horrors of August 7, 1998, couldn’t have been prevented.” They will also comment, “Inexplicable as the intelligence failure was, more baffling still was that al-Qaeda correctly presumed that a major attack could be carried out by a cell that US agents had already uncovered.” [Miller, Stone, and Mitchell, 2002, pp. 195, 206] After 9/11, it will come to light that three of the alleged hijackers, Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi, had some involvement in the bombings (see October 4, 2001, Late 1999, and 1993-1999) and that the US intelligence community was aware of this involvement by late 1999 (see December 15-31, 1999), if not before.

Entity Tags: Salem Alhazmi, Nawaf Alhazmi, Mohamed al-Owhali, Hamden Khalif Allah Awad, Khalid Almihdhar, Al-Qaeda, Azzam

Timeline Tags: Complete 911 Timeline

After the East African embassy bombings, al-Qaeda leader Abd al-Rahim al-Nashiri calls a number in Yemen to discuss attacking a US warship. Al-Nashiri will go on to have a prominent role in the attacks against the USS The Sullivans (see January 3, 2000) and USS Cole (see October 12, 2000) in Yemen. US authorities learn of this call no later than December 2000, although it is not clear how they do so. [CNN, 12/20/2000] The number called by al-Nashiri is not disclosed by the media, but some of al-Nashiri’s associates lived at an al-Qaeda communications hub in Sana’a, Yemen, which began to be monitored by US authorities around this time (see Late 1998-Early 2002 and January 5-8, 2000).

Entity Tags: Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After he is arrested for the Nairobi embassy bombing (see 10:35-10:39 a.m., August 7, 1998), Mohamed al-Owhali is questioned by local Kenyan law enforcement and the FBI, and discloses important information (see August 4-25, 1998). When he is shown photographs of al-Qaeda operatives, one of the people he identifies is Abd al-Rahim al-Nashiri (a.k.a. Bilal), a cousin of another Nairobi bomber. Al-Nashiri is an al-Qaeda leader who helped al-Owhali obtain a false passport in Yemen when al-Owhali stayed at an al-Qaeda safe house in April-May 1998. It is unclear where the FBI obtained the photo of al-Nashiri, although US intelligence was previously informed of al-Nashiri’s involvement in a plot to smuggle anti-tank missiles into Saudi Arabia (see 1997). [Federal Bureau of Investigation, 9/9/1998, pp. 16 pdf file; United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001; Burke, 2004, pp. 174; 9/11 Commission, 7/24/2004, pp. 152-3]

Entity Tags: Abd al-Rahim al-Nashiri, Mohamed al-Owhali, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Al-Qaeda’s communications hub in Sana’a, Yemen.Al-Qaeda’s communications hub in Sana’a, Yemen. [Source: PBS NOVA]The investigation of the East Africa embassy bombings (see 10:35-10:39 a.m., August 7, 1998) led to the discovery of the phone number of an al-Qaeda communications hub in Sana’a, Yemen (see August 4-25, 1998). The hub is run by an al-Qaeda veteran named Ahmed al-Hada, who is helped by his son Samir and is related to many other al-Qaeda operatives in Yemen and elsewhere. He is also the father in law of 9/11 hijacker Khalid Almihdhar, whose wife, Hoda al-Hada, lives at the hub with their children. [Newsweek, 6/2/2002; Die Zeit (Hamburg), 10/1/2002; MSNBC, 7/21/2004; Suskind, 2006, pp. 94; Wright, 2006, pp. 277, 309, 343, 378] Several of Ahmed al-Hada’s relatives die fighting for al-Qaeda before 9/11, a fact known to US intelligence. [Los Angeles Times, 12/21/2005; Guardian, 2/15/2006] The NSA may already be aware of the phone number, as they have been intercepting Osama bin Laden’s communications for some time (see November 1996-Late August 1998) and, according to Newsweek, “some” of bin Laden’s 221 calls to Yemen are to this phone number. [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002; Media Channel, 9/5/2006] The US intelligence community now begins a joint effort to monitor the number. The NSA and CIA jointly plant bugs inside the house, tap the phones, and monitor visitors with spy satellites. [Mirror, 6/9/2002; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] US intelligence also learns that the communications hub is an al-Qaeda “logistics center,” used by agents around the world to communicate with each other and plan attacks. [Newsweek, 6/2/2002] The joint effort enables the FBI to map al-Qaeda’s global organization (see Late 1998-Early 2002) and at least three of the hijackers use the number, enabling the NSA to intercept their communications and find out about an important al-Qaeda meeting in Malaysia (see December 29, 1999 and January 5-8, 2000 and Early 2000-Summer 2001). It appears al-Qaeda continues to use this phone line until Samir al-Hada dies resisting arrest in early 2002 (see February 13, 2002).

Entity Tags: National Security Agency, Federal Bureau of Investigation, Samir al-Hada, Khalid Almihdhar, Central Intelligence Agency, Osama bin Laden, Hoda al-Hada, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Barlow, a former intelligence analyst who was repeatedly fired for correctly claiming that Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988 and August 4, 1989), is awarded a total of $1 million by President Bill Clinton in compensation for the treatment he received. However, Barlow does not receive the money, as the settlement has to be ratified by Congress. When it runs into procedural problems, it is moved to the Court of Federal Claims to be reviewed. After Clinton is replaced by George W. Bush, CIA Director George Tenet and NSA Director Michael Hayden assert the government’s “state secrets privilege” (see March 9, 1953) over Barlow’s entire legal claim, causing it to collapse due to lack of evidence. [Guardian, 10/13/2007]

Entity Tags: William Jefferson (“Bill”) Clinton, Richard Barlow, National Security Agency, Michael Hayden, Court of Federal Claims, Central Intelligence Agency, George J. Tenet

Timeline Tags: A. Q. Khan's Nuclear Network

9/11 hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi leave Saudi Arabia after obtaining new passports and US visas there (see March 21, 1999, April 4, 1999, April 6, 1999, and April 3-7, 1999). According to the 9/11 Commission, their passports contain an “indicator of extremism” that is “associated with al-Qaeda.” [9/11 Commission, 8/21/2004, pp. 9, 33 pdf file] According to author James Bamford, the indicator is a “secret coded indicator, placed there by the Saudi government, warning of a possible terrorist affiliation.” [Bamford, 2008, pp. 58-59] The Saudi government reportedly uses this indicator to track some of the Saudi hijackers before 9/11 “with precision” (see November 2, 2007). Almihdhar and Nawaf Alhazmi apparently return to Afghanistan to discuss an attack on the US. [9/11 Commission, 7/24/2004, pp. 155] Salem Alhazmi’s destination is unknown. He will be reported to be in Malaysia (see January 5-8, 2000) and Afghanistan (see Summer 2000) the next year. Almihdhar and Nawaf Alhazmi are placed on the Saudi terrorist watch list later this year (see Late 1999).

Entity Tags: Khalid Almihdhar, Salem Alhazmi, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

It has been widely assumed in media reports that US intelligence did not connect al-Qaeda leader Hambali to the Bojinka plot (see January 6, 1995) before 9/11. However, the 9/11 Commission will mention in a footnote, “Hambali also was one of the founders of Konsonjaya, a Malaysian company run by close associate of Wali Khan [Amin Shah]. FBI report, Manila air investigation, May 23, 1999.” [9/11 Commission, 7/24/2004, pp. 489] The Christian Science Monitor will later note, “Konsonjaya was not just supplying money. It also coordinating the Bojinka plotters” (see June 1994). [Christian Science Monitor, 2/14/2002] In the spring of 1995, Philippine Colonel Rodolfo Mendoza gave the US a chart he made of the Bojinka plotters, and Konsonjaya was centrally featured in it (see Spring 1995). He later said, “It was sort of their nerve center.” [Christian Science Monitor, 2/14/2002] Shortly after Ramzi Yousef’s Manila apartment was broken into, documents found there connected Konsonjaya with the “Ladin International” company in Sudan, an obvious bin Laden front. An FBI memo at the time noted the connection. [Lance, 2003, pp. 303] Hambali’s photograph was also found on Yousef’s computer. [New Straits Times, 2/2/2002] In 1996, the company’s records were introduced as evidence in a public trial of some Bojinka plotters, and in 1998, Khalid Shaikh Mohammed was nearly caught in Brazil while using Konsonjaya as his business cover (see June 1998). So it’s not clear why it took the FBI four years to learn about Hambali, but that still means they were aware of who he was prior to the January 2000 al-Qaeda summit in Malaysia attended by Hambali and two 9/11 hijackers (see January 5-8, 2000). But apparently the connection will not be made.

Entity Tags: Wali Khan Amin Shah, Konsonjaya, Hambali, Federal Bureau of Investigation, Ramzi Yousef, Ladin International

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In early 1999, al-Qaeda operative Khallad bin Attash is sent to Yemen to help al-Qaeda leader Abd al-Rahim al-Nashiri obtain explosives to bomb a ship, and also to get a US visa so he can travel to the US to take part in an operation there. Three 9/11 hijackers get a US visa around this time (see April 3-7, 1999), but bin Attash has more trouble, apparently because he is Yemeni and the others are Saudi. While there, bin Attash is arrested by Yemeni authorities. Bin Laden finds out about the arrest and is concerned that bin Attash might reveal the ship bombing and US operations while under interrogation. Bin Laden contacts a Yemeni official and makes a deal, offering not to attack Yemen if the Yemeni government does not confront him and releases bin Attash in the summer of 1999. Both sides agree to the deal and bin Attash returns to Afghanistan without revealing either plot. [9/11 Commission, 7/24/2004, pp. 155-156] There is other evidence Yemeni officials will help al-Nashiri, as his ship attack plot eventually targets the USS Cole while stationed in Yemen (see April 2000 and After October 12, 2000).

Entity Tags: Yemen, Osama bin Laden, Abd al-Rahim al-Nashiri, Khallad bin Attash

Timeline Tags: Complete 911 Timeline

In 2008, the website Intelwire.com will obtain a declassified FBI document from this date. The content is heavily redacted, including the title, but the full title appears to be, “Summary of information obtained from the United Arab Emirates with regard to Manila Air fugitive Khalid Shaikh Mohammed.” The document appears to detail a briefing by United Arab Emirates (UAE) officials from the General Department of State Security to FBI officials visiting the UAE. It mentions that Khalid Shaikh Mohammed (KSM) “who was reported to be in _____ during mid-1998, is still currently living in Sharjah, UAE, with his family.” The report also mentions that “in July 1998, authorities from ______ based on information probably obtained from Qatar, located KSM living and working in ____. After questioning him about his activities with the [Muslim Brotherhood], he was deported to Bahrain.” [Federal Bureau of Investigation, 7/8/1999 pdf file] The 9/11 Commission will later mention this document a single time, and reveal that one of the redacted sections discusses KSM’s links to the Abu Sayyaf militant group in the Philippines. [9/11 Commission, 7/24/2004, pp. 488] Sharjah is a major hub of al-Qaeda activity at this time (see Mid-1996-October 2001), and one of the 9/11 hijackers, Fayez Ahmed Banihammad, is from the emirate of Sharjah (see 1980s and 1990s). 9/11 plot facilitator Mustafa Ahmed al-Hawsawi will be based in Sharjah in the months before the 9/11 attacks, and some of the 9/11 hijackers will pass through there and visit him (see Early-Late June, 2001). It is not known what action US intelligence takes in response to this briefing.

Entity Tags: Khalid Shaikh Mohammed, Federal Bureau of Investigation, Muslim Brotherhood, General Department of State Security

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Washington Post refers to hijackers Nawaf Alhazmi and Khalid Almihdhar when it later reports, “In November 1999, two Saudi Arabian men moved into a ground-floor apartment at the Parkwood Apartments, a town house complex near a busy commercial strip in San Diego.” [Washington Post, 9/30/2001] Alhazmi’s name is on the apartment lease beginning in November 1999. [Washington Post, 10/2001] The Los Angeles Times similarly notes, “A man by [the name Alhazmi] moved to the Parkwood Apartments in San Diego in 1999, according to manager Holly Ratchford.” [Los Angeles Times, 9/15/2001] Some reports even have them visiting the US as early as 1996. [Wall Street Journal, 9/17/2001; Las Vegas Review-Journal, 10/26/2001] However, FBI Director Mueller has stated the two hijackers did not arrive in the US until the middle of January 2000, after attending an important al-Qaeda summit in Malaysia (see January 5-8, 2000). While some news reports mention that the hijackers first arrive in late 1999 [Los Angeles Times, 9/1/2002; Los Angeles Times, 11/24/2002] , over time, mentions of the lease beginning in 1999 will slowly fade from media accounts.

Entity Tags: Robert S. Mueller III, Nawaf Alhazmi, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Prince Turki al-Faisal, Saudi intelligence minister until shortly before 9/11 (see August 31, 2001), will later claim that around this time its external intelligence agency tells the CIA that hijackers Nawaf Alhazmi and Khalid Almihdhar have been put on a Saudi terror watch list. The Saudis have been tracking the two men, as well as Nawaf’s brother Salem, for some time (see March 21, 1999, April 4, 1999, April 6, 1999, and After Early April 1999). Saeed Badeeb, Turki’s chief analyst, and Nawaf Obaid, a security consultant to the Saudi government, support Turki’s account though Turki himself will later back away from it after becoming Saudi ambassador to the US (see August 21, 2005). In 2003, Prince Turki will say, “What we told [the CIA] was these people were on our watch list from previous activities of al-Qaeda, in both the [1998] embassy bombings and attempts to smuggle arms into the kingdom in 1997,” (see 1997 and October 4, 2001). However, the CIA strongly denies any such warning, although it begins following Almihdhar and Alhazmi around this time (see January 2-5, 2000 and January 5-8, 2000). [Associated Press, 10/16/2003; Salon, 10/18/2003; Wright, 2006, pp. 310-311, 448] The US will not put Almihdhar and Alhazmi on its watch list until August 2001 (see August 23, 2001).

Entity Tags: Turki al-Faisal, Saudi General Intelligence Presidency, Nawaf Obaid, Nawaf Alhazmi, Khalid Almihdhar, Saeed Badeeb, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Diana Dean.Diana Dean. [Source: Seattle Times]Al-Qaeda operative Ahmed Ressam is arrested in Port Angeles, Washington, attempting to enter the US with components of explosive devices. One hundred and thirty pounds of bomb-making chemicals and detonator components are found inside his rental car. He subsequently admits he planned to bomb Los Angeles International Airport on December 31, 1999. [New York Times, 12/30/2001] Alert border patrol agent Diana Dean stops him; she and other agents nationwide had been warned recently to look for suspicious activity. Ressam’s bombing would have been part of a wave of attacks against US targets over the New Year’s weekend (see December 15-31, 1999). He is later connected to al-Qaeda and convicted. [US Congress, 9/18/2002; PBS Frontline, 10/3/2002]

Entity Tags: Diana Dean, Ahmed Ressam, Los Angeles International Airport, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Ziad Jarrah in Afghanistan.Ziad Jarrah in Afghanistan. [Source: Public Domain]9/11 hijackers Mohamed Atta, Ziad Jarrah, Marwan Alshehhi, Ramzi bin al-Shibh, and Nawaf Alhazmi meet to discuss the 9/11 operation at a building known as the “House of Alghamdi” in Kandahar, Afghanistan, according to a statement made by bin al-Shibh in an interview prior to his capture in 2002 (see September 8-11, 2002 and September 11, 2002). Bin al-Shibh will say, “We had a meeting attended by all four pilots including Nawaf Alhazmi, Atta’s right-hand man,” which the Guardian will interpret to mean Alhazmi, and not Hani Hanjour, flew Flight 77, which hit the Pentagon (see (December 2000-January 2001)). [Guardian, 9/9/2002] The 9/11 Commission, based on information obtained from Khalid Shaikh Mohammed (KSM) under interrogation, will place Hanjour in Afghanistan in spring 2000, indicating he will arrive some months after this meeting is held, and could not therefore attend it. Please note: information from detainee interrogations is thought to be unreliable due to the methods used to extract it (see June 16, 2004). [9/11 Commission, 7/24/2004, pp. 226] In a substitution for testimony introduced as evidence at the trial of Zacarias Moussaoui, KSM will place Hanjour’s arrival at the training camps in Afghanistan in “September or October” of 2000. [US District Court for the Eastern District of Virginia, 7/31/2006, pp. 23 pdf file]

Entity Tags: Ziad Jarrah, Nawaf Alhazmi, Ramzi bin al-Shibh, Mohamed Atta, Khalid Shaikh Mohammed, Marwan Alshehhi, Hani Hanjour

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Some attendees of the January 2000 al-Qaeda summit in Kuala Lumpur, Malaysia (see January 5-8, 2000), arrive early. Al-Qaeda leader Khallad bin Attash had lost a leg while fighting in Afghanistan in 1997. In early December 1999, he was in Afghanistan with Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said) and others, attending a hijacking training course (see Late 1999 and Early December 1999). Bin Attash and al-Taizi have been selected by Khalid Shaikh Mohammed to be hijackers for a planned Asian portion of the 9/11 plot (which will later be cancelled).
Surgery for Bin Attash's Leg - Bin Attash goes early to an al-Qaeda summit where hijacking plans will be discussed, in order to have prosthetic surgery for his leg. Al-Taizi goes with him. Malaysian security is said to be lax for Islamist militants, and Malaysia does not require a visa for citizens of many Middle Eastern countries. There is a clinic in Kuala Lumpur called Endolite, and other wounded militants have said they successfully concealed the origins of their combat wounds when receiving treatment there. Bin Attash got a prosthetic leg in Malaysia not long after losing his leg in 1997, but he is coming back to get a better one. He apparently gets the money for the prosthesis from his father, Osama bin Laden, and another al-Qaeda figure.
Link with Hambali - When bin Attash and al-Taizi arrive in Kuala Lumpur, they contact Hambali, the top al-Qaeda leader in Southeast Asia. Hambali picks them up at the airport and takes them to his home. Then he takes them to the Endolite clinic. Bin Attash and al-Taizi stay at or near the clinic for about 10 to 14 days. Bin Attash then takes about four flights in Southeast Asia to learn about security for the hijacking plan (see December 31, 1999-January 2, 2000), while al-Taizi apparently stays in Kuala Lumpur. According to Hambali’s later Guantanamo prison file, bin Attash and al-Taizi also investigate the security of US aircraft carriers in the region.
Others Arrive - On January 3, with bin Attash back from his flights, the two of them move to Yazid Sufaat’s condominium where the al-Qaeda summit will be held. Future 9/11 hijacker Nawaf Alhazmi arrives there the next day. 9/11 hijacker Khalid Almihdhar arrives the day after that, and other attendees are arriving as well, allowing the summit to begin (see January 5-8, 2000). [9/11 Commission, 7/24/2004, pp. 158-159; US Department of Defense, 12/6/2006; US Department of Defense, 10/25/2008; US Department of Defense, 10/30/2008] Note that this information is based on prisoner interrogations, which can be highly unreliable. However, it should be noted that the accounts of bin Attash, Hambali, and al-Taizi appear to largely match.

Entity Tags: Khalid Shaikh Mohammed, Hambali, Abu Bara al-Taizi, Khallad bin Attash, Osama bin Laden, Yazid Sufaat, Khalid Almihdhar, Nawaf Alhazmi

The NSA, monitoring a telephone in an al-Qaeda communications hub in Yemen (see Late August 1998 and Late 1998-Early 2002), has listened in on phone calls revealing that hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi are to attend an important al-Qaeda summit in Malaysia in January 2000 (see Shortly Before December 29, 1999). Almihdhar’s full name was mentioned, as well as the first names of hijackers Nawaf Alhazmi and Salem Alhazmi. On this day, the NSA shares this information with the CIA’s Alec Station bin Laden unit. Other US intelligence agencies, including FBI headquarters and the FBI’s New York field office, are told as well. Although Khalid Almihdhar’s full name was mentioned in one call, the NSA only passes on his first name. Also, the NSA has already learned from monitoring the Yemen hub that Nawaf’s last name is Alhazmi and that he is long-time friends with Almihdhar (see Early 1999). However, they either don’t look this up in their records or don’t pass it on to any other agency. [9/11 Commission, 1/26/2004, pp. 6 pdf file; US Department of Justice, 11/2004, pp. 239 pdf file; Wright, 2006, pp. 310] An NSA analyst makes a comment that is shared between US intelligence agencies, “Salem may be Nawaf’s younger brother.” This turns out to be correct. [US Congress, 7/24/2003, pp. 135 pdf file; 9/11 Commission, 1/26/2004, pp. 6 pdf file] A CIA officer will later tell the 9/11 Congressional Inquiry that information from the Africa embassy bombings (see 10:35-10:39 a.m., August 7, 1998) was reviewed in late 1999 during a worldwide effort to disrupt millennium attack plots (see December 15-31, 1999) and “a kind of tuning fork… buzzed when two [of the hijackers] reportedly planning a trip to [Malaysia] were linked indirectly to what appeared to be a support element… involved with the Africa bombers.” [US Congress, 7/24/2003, pp. 135 pdf file] The fact that they are connected to the Yemen communication hub already indicates some importance within al-Qaeda. It is learned they are connected to the embassy bombings in some way (see October 4, 2001 and Late 1999). [US Congress, 7/24/2003, pp. 135 pdf file; 9/11 Commission, 1/26/2004, pp. 6 pdf file] The NSA report about them on this day is entitled, “Activities of Bin Laden Associates,” showing the clear knowledge of their ties to bin Laden. [9/11 Commission, 7/24/2004, pp. 502; Vanity Fair, 11/2004] The CIA will track Almihdhar and Nawaf Alhazmi to the Malaysia summit (see January 2-5, 2000 and January 5-8, 2000).

Entity Tags: Salem Alhazmi, Federal Bureau of Investigation, FBI New York Field Office, Khalid Almihdhar, FBI Headquarters, Al-Qaeda, Alec Station, Central Intelligence Agency, Ahmed al-Hada, National Security Agency, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Al-Qaeda leader Khallad bin Attash, cases four flights to aquire basic information about how a hijacking might be conducted. Starting from Kuala Lumpur, Malaysia, he flies to Bangkok and then on to Hong Kong, before returning to Malaysia via Bangkok. He will later tell a CIA interrogator that he took a box cutter onto the plane but that security did not notice it. While in Malaysia he and fellow operative Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said) initially stay with Jemaah Islamiyah leader Hambali and at the Endolite clinic, where Khallad receives a new prosthesis. Presumably, he shares what he learned at the al-Qaeda summit in Malaysia attended by two or three 9/11 hijackers that is held in Malaysia a few days later (see January 5-8, 2000). [9/11 Commission, 7/24/2004, pp. 158-9]

Entity Tags: Khallad bin Attash, Hambali, Abu Bara al-Taizi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lamkaruna Putra.Lamkaruna Putra. [Source: SBS Dateline]In late 1999, Abu Bakar Bashir, the alleged spiritual leader of the al-Qaeda affiliate Jemaah Islamiyah (JI), called a meeting to improve cooperation between Islamist militant groups in Southeast Asia. The meeting is held in January 2000 at the International Islamic University in Selangor, Malaysia, and is chaired by Hambali, a leader in both JI and al-Qaeda. Militants from Burma, Indonesia, Singapore, Thailand, Malaysia, and the Philippines attend. They set up a forum called Rabitatul Mujahidin (RM). The Australian television news program SBS Dateline will later call the list of attendees “a who’s who of accused terrorists.”
Meeting Attendees - One attendee is Fauzi Hasbi, a JI militant who is also working as an Indonesian government mole (see 1979-February 22, 2003). Hasbi also has a private meeting in his hotel with Bashir and the representative from Moro Islamic Liberation Front (MILF), a militant group in the Philippines. Other attendees include Agus Dwikarna and Faiz abu Baker Bafana, who both assist al-Qaeda in Southeast Asia. Bafana will later help host Zacarias Moussaoui and 9/11 hijacker Khalid Almihdhar as they pass through Malaysia (see September-October 2000, October 2000 and June 2001).
Other Meetings - The group holds two more meetings later in 2000. Hasbi does not attend them, but his son Lamkaruna Putra does. The group discusses specific bombing plans in these later meetings. Hasbi also attends a meeting of Majelis Mujahidin Indonesia (MMI) in November 2000. This is considered a more public umbrella group for Islamist militants. That meeting is chaired by Bashir. [International Crisis Group, 12/11/2002; Conboy, 2003, pp. 210-211; SBS Dateline, 10/12/2005] Indonesian intelligence has another deep mole known by the alias Dadang, who has penetrated militant groups since about 1992. He also attends some key MMI meetings in 2000 and 2001, but other than that, little is known about him. [Conboy, 2003, pp. 212-213] It is not known whether the Indonesian government shares its intelligence about this meeting, or the other meetings, with US intelligence. If they do, it would help the US better understand Hambali’s importance, as he attends a monitored al-Qaeda summit in Malaysia that same month (see January 5-8, 2000).

Entity Tags: Majelis Mujahidin Indonesia, Moro Islamic Liberation Front, Lamkaruna Putra, Rabitatul Mujahidin, Jemaah Islamiyah, Fauzi Hasbi, Abu Bakar Bashir, Agus Dwikarna, Faiz abu Baker Bafana, Dadang, Hambali

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

US intelligence is aware from monitored phone calls that Nawaf Alhazmi is travelling to an important al-Qaeda summit in Malaysia (see January 5-8, 2000). Alhazmi is known to be in Karachi, Pakistan, with a ticket to Malaysia for January 2, 2000. CIA and Pakistani officials plan to have his passport scrutinized as he passes through the airport, but he changes his ticket departure date twice. Officials get confused and are not there when he leaves the country, so they still don’t learn his last name. [Stern, 8/13/2003] The 9/11 Commission later notes that “officials could have worked on logical flight itineraries and perhaps realized that Nawaf could and probably did keep to his original plan.” But not only is this not done at the time, apparently the flight manifests are not checked after the fact to see in anyone with the name Nawaf had boarded. [9/11 Commission, 1/26/2004, pp. 6 pdf file] Even after being monitored for several days in Malaysia, US intelligence supposedly still will not learn his last name (see January 5-8, 2000 and Shortly After).

Entity Tags: Central Intelligence Agency, Al-Qaeda, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The USS The Sullivans.The USS The Sullivans. [Source: US Navy]An al-Qaeda attack on USS The Sullivans in Yemen’s Aden harbor fails when their boat filled with explosives sinks. This is one of a series of failed al-Qaeda attacks planned to take place around the turn of the millennium (see December 31, 1999-January 1, 2000). But the attack remains undiscovered, and a duplication of the attack by the same people will successfully hit the USS Cole in October 2000 (see October 12, 2000). [PBS Frontline, 10/3/2002] The US will first learn of the planned The Sullivans attack when interrogating a suspect in the Cole bombing in early November 2000. [New York Times, 11/10/200]

Entity Tags: USS Cole, USS The Sullivans, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to the 2008 Guantanamo file of al-Qaeda leader Hambali, 9/11 mastermind Khalid Shaikh Mohammed (KSM) spends a week with 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in the condominium where the January 2000 al-Qaeda summit is held in Kuala Lumpur, Malaysia (see January 5-8, 2000). Hambali’s file states that “KU-10024 [KSM’s identification number at Guantanamo] spent a week at an apartment [Hambali] arranged for him the Song Gai Long district of Kuala Lumpur, MY. At this apartment, KU-10024 stayed with 11 September hijackers Nawaf Alhazmi and Khalid Almihdar.” [US Department of Defense, 10/30/2008] Hambali’s file does not state when this occurs, but by far the most likely time is during the al-Qaeda summit in January 2000, since this is the only time Alhazmi is known to stay in Malaysia, and the only other times Almihdhar is known to visit Malaysia (see October 2000 and June 2001), Alhazmi is living in the US, since he never leaves the US from when he arrives in mid-January 2000 until 9/11 (see January 15, 2000). Furthermore, the summit meetings are held in Yazid Sufaat’s condominium, which is in a golf course-centered complex on the outskirts of Kuala Lumpur called Bandar Sungai Long - Hambali’s mention of “Song Gai Long” is obviously a reference to this. [Asia Times, 9/11/2010] After 9/11, there will be some controversy as to whether KSM attended the Malaysian summit or not (see January 5-8, 2000), but Hambali’s account suggests KSM was staying at the condominium all four days of the summit, and a few more days as well. The 9/11 Commission will not mention KSM staying at Sufaat’s condominium, but they will mention that Alhazmi, Almihdhar, al-Qaeda leader Khallad bin Attash, and al-Qaeda operative Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said) stay there during the summit. [9/11 Commission, 7/24/2004, pp. 159]

Entity Tags: Khalid Shaikh Mohammed, Abu Bara al-Taizi, Khalid Almihdhar, Khallad bin Attash, Yazid Sufaat, Nawaf Alhazmi, Hambali

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. [Source: FBI]About a dozen of Osama bin Laden’s trusted followers hold a secret, “top-level al-Qaeda summit” in the city of Kuala Lumpur, Malaysia. [CNN, 8/30/2002; San Diego Union-Tribune, 9/27/2002] According to an unnamed senior CIA official, before the summit started, the CIA learned that “11 young guys” were going to attend, and “young guys” is slang for operatives traveling. [Bamford, 2008, pp. 18] Plans for the October 2000 bombing of the USS Cole (see October 12, 2000) and the 9/11 attacks are discussed. [USA Today, 2/12/2002; CNN, 8/30/2002] At the request of the CIA, the Malaysian Secret Service monitors the summit and then passes the information on to the US (see January 5-8, 2000 and Shortly After). Attendees of the summit are said to include:
Nawaf Alhazmi and Khalid Almihdhar - The CIA and FBI will later miss many opportunities to foil the 9/11 plot through Alhazmi and Almihdhar and the knowledge of their presence at this summit. The CIA already knows many details about these two by the time the summit begins (see January 2-4, 2000), and tracked Almihdhar as he traveled to it (see January 2-5, 2000).
Yazid Sufaat - Sufaat is a Malaysian who owns the condominium where the summit is held. He is also a trained biologist and is said to be a leading figure in al-Qaeda’s attempts to get a biological or chemical weapon. [New York Times, 1/31/2002; Newsweek, 6/2/2002] Malaysian officials also recognize Sufaat from summit surveillance photos, as he is a long-time Malaysian resident (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002] A possibility to expose the 9/11 plot through Sufaat’s presence at this summit will later be missed in September 2000 (see September-October 2000). Sufaat will travel to Afghanistan in June 2001 and be arrested by Malaysian authorities when he returns to Malaysia in late 2001 (see December 19, 2001). [Australian, 12/24/2002] He will be released in 2008 (see December 4, 2008).
Hambali - An Indonesian militant known as Hambali, or Nurjaman Riduan Isamuddin [BBC, 8/15/2003] , was heavily involved in the Bojinka plot, an early version of the 9/11 plot (see January 6, 1995 and June 1994). [CNN, 3/14/2002; CNN, 8/30/2002] The FBI was aware of who he was and his connections to the Bojinka plot at least by 1999 and identified a photograph of him by that time (see May 23, 1999). He will be arrested by Thai authorities in August 2003 (see August 12, 2003). [CNN, 8/14/2003; CBS News, 8/15/2003] Malaysian officials recognize Hambali from summit surveillance photos, as he is a long-time Malaysian resident. But the US does not tell them of his Bojinka connections, so they will not know to arrest him after the summit is over (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002]
Khalid Shaikh Mohammed - Mohammed is sometimes referred to as “KSM,” an al-Qaeda leader and the alleged “mastermind” of the 9/11 attacks. The US has known KSM is an Islamic militant since the exposure of Operation Bojinka in January 1995 (see January 6, 1995), and knows what he looks like. US officials will state that they only realized the summit was important in 2001, but the presence of KSM should have proved its importance. [Los Angeles Times, 2/2/2002] Although the possible presence of KSM at this summit will be disputed by US officials, one counterterrorism expert will testify before the 9/11 Commission in 2003 that he has access to transcripts of KSM’s interrogations since his capture, and that KSM has admitted leading this summit and telling the attendees about a planes-as-weapons plot targeting the US (see July 9, 2003). [Newsweek, 7/9/2003; New York Post, 7/10/2003] Many other media reports will identify him as being there. [Independent, 6/6/2002; CNN, 8/30/2002; CNN, 11/7/2002; Canadian Broadcasting Corporation, 10/29/2003] For instance, according to Newsweek: “Mohammed’s presence would make the intelligence failure of the CIA even greater. It would mean the agency literally watched as the 9/11 scheme was hatched—and had photographs of the attack’s mastermind… doing the plotting.” [Newsweek, 7/9/2003] In Hambali’s 2008 Guantanamo file, it will be mentioned that KSM stays a week at Sufaat’s condominium with Alhazmi and Almihdhar, which would seem to make clear that KSM is there for the entire duration of the summit (see Early January 2000). [US Department of Defense, 10/30/2008]
Khallad bin Attash - Khallad bin Attash, a “trusted member of bin Laden’s inner circle,” is in charge of bin Laden’s bodyguards, and serves as bin Laden’s personal intermediary at least for the USS Cole bombing. [Newsweek, 9/20/2001 pdf file] He is also thought to be a “mastermind” of that attack. Attash is reportedly planning to be one of the 9/11 hijackers, but will be unable to get a US visa. [9/11 Commission, 6/16/2004, pp. 8] US intelligence had been aware of his identity as early as 1995. [US Congress, 9/18/2002] A possibility to expose the 9/11 plot through bin Attash’s presence at this summit will be missed in January 2001 (see January 4, 2001). Bin Attash had been previously arrested in Yemen for suspected terror ties, but was let go (see Summer 1999). [Contemporary Southeast Asia, 12/1/2002] He will be captured in Pakistan by the US in April 2003 (see April 29, 2003). In 2008, Newsweek will report that bin Attash confessed during interrogation that, while staying at Sufaat’s condominium, he and Alhazmi talked “about the possibility of hijacking planes and crashing them or holding passengers as hostages.” [Newsweek, 12/16/2008]
Abd al-Rahim al-Nashiri - Al-Nashiri is one of al-Qaeda’s top field commanders and operates out of Malaysia while 9/11 is being prepared. [Los Angeles Times, 10/10/2001; Gunaratna, 2003, pp. 188; Graham and Nussbaum, 2004, pp. 59] He was involved in an arms smuggling plot (see 1997) and the East African embassy bombings (see August 22-25 1998), in which his cousin was martyred (see 10:35-10:39 a.m., August 7, 1998). He also organized the attack against the USS The Sullivans (see January 3, 2000), and will be involved in the attacks against the USS Cole (see October 12, 2000) and the Limburg (see October 6, 2002). He will be arrested in the United Arab Emirates in November 2002 (see Early October 2002). An al-Qaeda operative identified a photo of al-Nashiri for the FBI in late 1998 (see August 22-25 1998). [9/11 Commission, 7/24/2004, pp. 152-3] (Note: in the sources, al-Nashiri is referred to by two of his aliases: Muhammad Omar al-Harazi and Al Safani.) [CNN, 12/11/2000; Central Intelligence Agency, 9/6/2006]
Ramzi bin al-Shibh - Investigators believe he wants to be the 20th 9/11 hijacker. His presence at the summit may not be realized until after 9/11, despite the fact that US intelligence has a picture of him next to bin Attash, and has video footage of him. [Newsweek, 11/26/2001; Washington Post, 7/14/2002; Time, 9/15/2002; Die Zeit (Hamburg), 10/1/2002; CNN, 11/7/2002] German police will have credit card receipts indicating bin al-Shibh is in Malaysia at this time. [Los Angeles Times, 9/1/2002] Ulrich Kersten, director of Germany’s federal anticrime agency, the Bundeskriminalamt, will later say, “There are indications that Ramzi bin al-Shibh was in Kuala Lumpur for the meeting.” [New York Times, 8/24/2002] Another account noting he was photographed at the summit will further note that he enters and leaves Thailand three times in the first three weeks of January 2000. [Los Angeles Times, 10/17/2001] Anonymous Malaysian officials will later claim he is at the summit, but US officials will deny it. Two local militants who serve as drivers for the attendees will later be arrested in Malaysia. They will be shown photos of the attendees, and confirm that bin al-Shibh was at the summit. [Associated Press, 9/20/2002] One account will say he is recognized at the time of the summit, which makes it hard to understand why he is not tracked back to Germany and the Hamburg cell with Mohamed Atta and other 9/11 hijackers. [Der Spiegel (Hamburg), 10/1/2002] Another opportunity to expose the 9/11 plot through bin al-Shibh’s presence at this summit will be missed in June. It appears bin al-Shibh and Almihdhar are directly involved in the attack on the USS Cole in October 2000 (see October 10-21, 2000). [Guardian, 10/15/2001; Washington Post, 7/14/2002; Newsweek, 9/4/2002]
Salem Alhazmi - Alhazmi, a 9/11 hijacker and brother of Nawaf Alhazmi, is possibly at the summit, although very few accounts will mention it. [Australian, 12/24/2002] US intelligence intercepts from before the summit indicate that he at least had plans to attend. [US Congress, 7/24/2003, pp. 51 pdf file]
Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said) - A Yemeni al-Qaeda operative, al-Taizi is reportedly meant to be one of the 9/11 hijackers, but will be unable to enter the US due to greater scrutiny for Yemenis. [9/11 Commission, 6/16/2004, pp. 8] Al-Taizi will be captured in Pakistan in February 2002, and then sent to the US prison in Guantanamo a few months later (see February 7, 2002). According to his 2008 Guantanamo file, he traveled from Afghanistan to Malaysia with bin Attash about two weeks before the summit. Bin Attash was missing a leg, and he had a prosthetic leg fitted and then stayed in the hospital to recover from the surgery. Bin Attash and al-Taizi stay at Sufaat’s house for the duration of the summit. Al-Taizi then flies to Yemen to visit his family there. [US Department of Defense, 10/25/2008]
Others - Unnamed members of the Egyptian-based Islamic Jihad are also said to be at the summit. [Cox News Service, 10/21/2001] Islamic Jihad merged with al-Qaeda in February 1998. [ABC News, 11/17/2001] However, according to the Wall Street Journal, bin Attash and Fahad al-Quso are suspected of being Islamic Jihad members at one point, so this may just be a reference to them. [Wall Street Journal, 10/8/2001] Note that there are a total of 10 names mentioned above, and it will be reported that the CIA learned that 11 operatives were to attend, so either not all of them make it, or some names of attendees will remain unknown.
Summit Associates - The following individuals are probably not at the summit meetings, but are in the region and assisting or linked with the attendees at this time:
Fahad Al-Quso - Al-Quso is a top al-Qaeda operative who is involved in the bombing of the USS Cole. Some sources will indicate al-Quso is present in Malaysia, and a person who looks like him will later be seen in a photograph of the meeting (see June 11, 2001). [Newsweek, 9/20/2001 pdf file] However, other sources will say al-Quso did not reach Kuala Lumpur, but met with bin Attash around this time in Bangkok, Thailand (see January 5-6, 2000 and January 8-15, 2000). [9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 330] Although al-Quso apparently is not at the summit, there are a series of phone calls during the time of the summit between his hotel in Bangkok, a phone booth near the condominium where the summit is held, and his family home in Yemen (see (January 5-8, 2000)). Al-Quso will be arrested by Yemeni authorities in the fall of 2000 (see Late October-Late November 2000), but the FBI will not be given a chance to fully interrogate him before 9/11. He will escape from prison in 2003. [CNN, 5/15/2003]
Ahmad Sajuli Abdul Rahman - An operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, Sajuli takes the visiting Arabs around Kuala Lumpur, but apparently does not attend the summit meetings. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee al-Taizi, one of the attendees Sajuli escorts around town is future 9/11 hijacker Khalid Almihdhar. Sajuli also helps arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli will be arrested in Malaysia in December 2001 (see December 29, 2001).
Ahmad Hikmat Shakir - A suspected al-Qaeda agent of Iraqi nationality, Shakir is a greeter at Kuala Lumpur airport. He meets Almihdhar there and travels with him to the apartment where the summit is held, but he probably does not attend the summit meetings. [Associated Press, 10/2/2002; Newsweek, 10/7/2002; Australian, 12/24/2002; Knight Ridder, 6/12/2004] After 9/11, he will be linked to the 1993 World Trade Center bombing and the 1995 Bojinka plot. Jordan will arrest him and let him go after the US says it doesn’t want to take custody of him (see September 17, 2001).
Dhiren Barot - Dhiren Barot (a.k.a. Abu Eissa al-Hindi) is a British citizen of Indian descent. According to a 2006 Observer article, Barot “is not believed to have been present” at the summit meetings. However, he does go to Kuala Lumpur during the time of the summit with summit attendee bin Attash. And shortly after the summit, Barot holds meetings with Hambali. It will later be reported that Barot is sent by KSM to New York City in early 2001 to case potential targets there, although whether this is part of the 9/11 plot or some other plot is unclear (see May 30, 2001). Barot will be arrested in 2004 in Britain for plotting attacks there, and sentenced to 30 years in prison (see August 3, 2004). [Observer, 12/12/2006]
Another Unnamed Local Militant - Malaysian officials will say that two local Jemaah Islamiyah act as drivers for the attendees. These drivers apparently have no idea who the attendees are or what they are doing; they are just tasked to drive them around. In a 2002 Associated Press article, officials will not name these drivers, but will say that they are among the dozens of alleged Jemaah Islamiyah militants arrested in December 2001 and January 2002. Since Sajuli mentioned above is arrested at that time, he presumably is one of these drivers. It is not known who the other driver is. (Sufaat will be arrested at that time as well, but the Associated Press article will make clear Sufaat is not one of the drivers.) [Associated Press, 9/20/2002]
Probably Not Involved: Mohamed al-Khatani - A Saudi, he allegedly will confess to attending the summit while being held in the US Guantanamo prison (see July 2002). He apparently will unsuccessfully attempt to enter the US in August 2001 to join the 9/11 plot (see August 4, 2001). However, al-Khatani will later recant his testimony and say he lied to avoid torture (see October 26, 2006). Furthermore, his 2008 Guantanamo file, leaked to the public in 2011, contains no hint of him even possibly attending the summit. The contents of the file must be treated with extreme caution, especially since he is repeatedly and brutally tortured (see August 8, 2002-January 15, 2003 and January 14, 2009). But according to the general narrative of the file, al-Khatani had no involvement with Islamist militancy in early 2000, only starts to get involved with militants in mid-2000, and first attends a militant training camp in Afghanistan in late 2000. [US Department of Defense, 10/30/2008]

Entity Tags: Hambali, Abu Bara al-Taizi, Dhiren Barot, Central Intelligence Agency, Ahmad Hikmat Shakir, Ahmad Sajuli Abdul Rahman, Al-Qaeda, Abd al-Rahim al-Nashiri, Islamic Jihad, Jemaah Islamiyah, Fahad al-Quso, Khalid Shaikh Mohammed, Ulrich Kersten, Yazid Sufaat, Khalid Almihdhar, Ramzi bin al-Shibh, Salem Alhazmi, Mohamed al-Khatani, Malaysian Secret Service, Khallad bin Attash, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Victims’ family members Lorie Van Auken (right) and Kristen Breitweiser (left) are shocked to learn Tom Wilshire blocked a cable to the FBI about Khalid Almihdhar’s visa. Victims’ family members Lorie Van Auken (right) and Kristen Breitweiser (left) are shocked to learn Tom Wilshire blocked a cable to the FBI about Khalid Almihdhar’s visa. [Source: Banded Artists]Doug Miller, an FBI agent assigned to Alec Station, the CIA’s bin Laden unit, reads CIA cables reporting that 9/11 hijacker Khalid Almihdhar has a US visa and drafts a cable to the FBI to inform it of this. The CIA obtained the information through a tap on Almihdhar’s phone in Yemen (see December 29, 1999) and by monitoring him as he passed through Dubai (see January 2-5, 2000) on his way to an al-Qaeda summit in Malaysia (see January 5-8, 2000).
Draft Cable - Miller writes that Almihdhar has a US visa (see April 3-7, 1999) and that the visa application states his destination is New York and he intends to stay for three months. The draft cable mentions the tap on Almihdhar’s phone, his planned travel to Malaysia, and the links between his phone and the 1998 East African embassy bombings (see 10:35-10:39 a.m., August 7, 1998 and October 4, 2001). It also says that the CIA has obtained photographs of Almihdhar and these will be sent separately. Miller asks the FBI for feedback resulting from an FBI investigation.
Blocked - Another CIA officer named Michael Anne Casey accesses Miller’s draft about an hour after he writes it. The cable is then blocked on the orders of the station’s deputy chief, Tom Wilshire, as a few hours after Miller drafts the cable Casey attaches a message to it saying, “pls hold off on [cable] for now per [Tom Wilshire].” [9/11 Commission, 7/24/2004, pp. 502; US Department of Justice, 11/2004, pp. 240 pdf file] Miller is also told, “This is not a matter for the FBI.” [Wright, 2006, pp. 311]
'No Reason to Kill the Message' - Author James Bamford will later comment: “A potential terrorist and member of al-Qaeda was heading for the US, the FBI’s jurisdiction—its turf—and he [Miller] was putting the FBI on notice so it could take action. There was no reason to kill the message.” [Bamford, 2008, pp. 19] Miller will later say he has no “rational answer” as to why the cable was blocked, but will speculate that Alec Station officers were annoyed he had encroached on their territory. [Congressional Quarterly, 10/1/2008] Casey drafts a cable falsely saying that the information about Almihdhar’s visa has been shared with the FBI (see Around 7:00 p.m. January 5, 2000) and there will be a discussion the next day about whether the cable should be sent (see January 6, 2000). The Justice Department’s Office of Inspector General will later call the failure to pass the information to the FBI a “significant failure” but will be unable to determine why the information was not passed on. [US Department of Justice, 11/2004, pp. 250 pdf file] The 9/11 Commission will know of the incident, but will relegate it to an endnote in its final report, omitting Wilshire’s role entirely. [9/11 Commission, 7/24/2004, pp. 502] The CIA inspector general will falsely claim that the cable is not sent, “[a]pparently because it was in the wrong format or needed editing.” [Central Intelligence Agency, 6/2005, pp. xv pdf file]

Entity Tags: Michael Anne Casey, Federal Bureau of Investigation, Khalid Almihdhar, Doug Miller, 9/11 Commission, Alec Station, Tom Wilshire, Central Intelligence Agency, Office of the Inspector General (CIA)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI Director Louis Freeh and other top FBI officials are briefed about the ongoing al-Qaeda summit in Malaysia (see January 5-8, 2000) as part of their regular daily update. They are told the CIA is in the lead and that the CIA promises to let the FBI know if an FBI angle to the case develops. But they are not told that the CIA has just found out that one of the participants, Khalid Almihdhar, has a US visa. [9/11 Commission, 1/26/2004] It is unclear who the other top FBI officials that are briefed are. However, Dale Watson, the assistant director of the counterterrorism division, and Thomas Pickard, the FBI’s deputy director at this time and its acting director in the summer of 2001, will also learn of the summit by July 2001, although it is unclear exactly when they are informed (see July 12, 2001). [Pickard, 6/24/2004] According to Vanity Fair, Richard Blee, head of the CIA’s bin Laden unit, “provided surveillance updates for [the CIA’s] top officers, the FBI, and the White House” while the summit is in progress. [Vanity Fair, 11/2004] One FBI official familiar with the case will later complain: “[The CIA] purposely hid [Almihdhar] from the FBI, purposely refused to tell the bureau.… The thing was, they didn’t want John O’Neill and the FBI running over their case. And that’s why September 11 happened.… They have blood on their hands.” [Bamford, 2004, pp. 224] Jack Cloonan, an FBI agent in the I-49 squad that focuses on al-Qaeda, will later say: “If that information [got] disseminated, would it have had an impact on the events of 9/11? I’m telling you that it would have.” [ABC News, 5/10/2004]

Entity Tags: Richard Blee, Louis J. Freeh, Federal Bureau of Investigation, Jack Cloonan, John O’Neill, Central Intelligence Agency, Counterterrorism Division (FBI), Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

While in Thailand, 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi associate with three of the operatives who will later be involved in the bombing of the USS Cole (see October 12, 2000). The two hijackers arrive with Khallad bin Attash, who will command the Cole operation. The three of them come from Malaysia, where they were under surveillance by the CIA (see January 5-8, 2000 and January 8, 2000). While in Bangkok, bin Attash meets Cole bombers Fahad al-Quso and Ibrahim al-Thawar, who give bin Attash some money, possibly $36,000. Some of this may be passed to Alhazmi and Almihdhar. Under interrogation after 9/11, bin Attash will claim that, even though they all stay in the same hotel for part of the time (see (January 5-8, 2000)) the two groups do not meet. However, such statements are thought to be unreliable because of the methods used to extract them (see June 16, 2004). [9/11 Commission, 1/26/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 312] Shown photographs of Alhazmi and Almihdhar after 9/11 by the FBI, al-Quso will say that he recognizes the two, but indicate that this may be because he met them at camps in Afghanistan. [New Yorker, 7/10/2006 pdf file] However, he is apparently photographed by Malaysian authorities standing next to Almihdhar in Kuala Lumpur (see (January 5-8, 2000)).

Entity Tags: Khalid Almihdhar, Ibrahim al-Thawar, Khallad bin Attash, Nawaf Alhazmi, Fahad al-Quso

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US knows that Hambali has ties to the 1995 Bojinka plot (see January 6, 1995) but apparently fails to share this information with Malaysian authorities, who therefore miss a chance to arrest him. By 1999, the US determined that Hambali was one of the founders of Konsonjaya, a front company central to funding the Bojinka plot (see May 23, 1999). US investigators also found a photograph of him on Ramzi Yousef’s computer in 1995, further tying him to the Bojinka plot. [New Straits Times, 2/2/2002] In January 2000, Malaysian intelligence monitors an al-Qaeda summit meeting at the request of the CIA (see January 5-8, 2000). Malaysian intelligence recognize Hambali and Yazid Sufaat from photos of the meeting; both are long-time residents in Malaysia. However, because the US does not share the information about Hambali, the Malaysians decide not to arrest or question Hambali and Sufaat since they are not aware either man has any criminal ties. [New Straits Times, 2/10/2002] As a result, Malaysian authorities fail to learn more about this summit meeting, which was attended by two 9/11 hijackers. The US also fails to follow up with Hambali, despite their knowledge of him.

Entity Tags: Ramzi Yousef, Hambali, Yazid Sufaat

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA sends the NSA some information about 9/11 hijacker Khalid Almihdhar, including information about al-Qaeda’s Malaysia summit (see January 5-8, 2000), which Almihdhar attended, as well as the name of a person who helped him in Kuala Lumpur, where the summit was held. The NSA is also told Almihdhar’s primary purpose for coming to Malaysia was to meet with other people. The CIA knows Almihdhar has a US visa (see January 2-5, 2000), but it is unclear whether the NSA is informed of this. [US Congress, 7/24/2003, pp. 156 pdf file] At this time, the NSA has some information about Almihdhar, whose calls it has been intercepting for at least a year (see Early 1999, Summer 1999, Late Summer 1999, and Shortly Before December 29, 1999), that has not been disseminated. In particular, the NSA seems to have overheard something in early 1999 that should have been disseminated, but was not. This new information from the CIA does not cause the NSA to re-examine its material on Almihdhar or disseminate any important information to other US agencies. However, Almihdhar is subsequently put on the NSA watchlist (see Mid-January 2000) and the NSA intercepts calls between his home in Yemen and him in the US (see Spring-Summer 2000), but fails to alert the FBI to his presence in the US (see (Spring 2000)).

Entity Tags: National Security Agency, Central Intelligence Agency, Counterterrorist Center, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmad Hikmat Shakir, an Iraqi who met 9/11 hijacker Khalid Almihdhar in Kuala Lumpur, Malaysia, around the time of an al-Qaeda summit there, leaves the country (see January 5-8, 2000). The connection between Shakir and Almihdhar is unclear, as Shakir met Almihdhar while working as a greeter of Arab visitors at the airport, but then accompanied Almihdhar to the place he was staying and was videotaped with him there by the Malaysian authorities (see January 5, 2000). Shakir is said to have got the job at the airport with the help of an Iraqi intelligence officer, raising concerns of Iraqi involvement in 9/11. However, although Shakir is watchlisted before 9/11 (see August 23, 2001) and arrested and released twice afterwards (see September 17, 2001), his connection to Saddam Hussein’s regime is found to be not as strong as alleged (see Before June 21, 2004). [Knight Ridder, 6/12/2004; Washington Post, 6/22/2004; 9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Al-Qaeda, Khalid Almihdhar, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA station in Bangkok, Thailand, sends a cable to Alec Station, the CIA’s bin Laden unit, saying that it is unable to locate 9/11 hijacker Khalid Almihdhar and two companions, who turn out to be 9/11 hijacker Nawaf Alhazmi and al-Qaeda leader Khallad bin Attash, in Bangkok. The three had been under surveillance in Malaysia (see January 5-8, 2000), but the CIA’s Bangkok station had been unable to pick them up at the airport when they flew to Thailand on January 8 (see January 8, 2000 and January 8, 2000). According to an official, this was because “when they arrived we were unable to mobilize what we needed to mobilize.” Despite the high priority allocated to the search by CIA headquarters (see January 9, 2000) and the fact bin Attash was under surveillance in Malaysia when he called the hotel where the three are staying in Bangkok (see (January 5-8, 2000)), they cannot be found. The precise steps taken to locate them are unknown. [9/11 Commission, 1/26/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 181, 502; US Department of Justice, 11/2004, pp. 247 pdf file]

Entity Tags: Nawaf Alhazmi, Central Intelligence Agency, Khalid Almihdhar, Alec Station, Khallad bin Attash, CIA Bangkok Station

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Blee, head of Alec Station, the CIA’s bin Laden unit, again wrongly informs his CIA superiors about surveillance of al-Qaeda operatives in Southeast Asia. Repeating a claim made in a briefing two days previously (see January 12, 2000), he says that Malaysian authorities and the CIA are continuing to monitor al-Qaeda operatives who gathered for a summit in Kuala Lumpur, Malaysia (see January 5-8, 2000). In actual fact, three of the summit’s attendees, 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi and al-Qaeda leader Khallad bin Attash, have already left Kuala Lumpur for Bangkok, Thailand (see January 8, 2000). Alec Station is well aware of the departure of the three men, as it was notified of their departure and sent a follow-up cable on January 9 telling the CIA station in Bangkok to find them there (see January 9, 2000). In addition, one day before this briefing the CIA station in Bangkok sent Alec Station a cable saying it was unable to locate the men in Thailand (see January 13, 2000). The 9/11 Commission will also point out that “there is no evidence of any tracking efforts actually being undertaken by anyone after the Arabs disappeared into Bangkok.” It is unclear why Blee gives such an inaccurate briefing. [9/11 Commission, 7/24/2004, pp. 181, 354]

Entity Tags: Alec Station, Central Intelligence Agency, Richard Blee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A week after attending the al-Qaeda summit in Malaysia (see January 5-8, 2000), 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar fly together from Bangkok, Thailand, to Los Angeles, California. [MSNBC, 12/11/2001] The passports of both men have indicators of their terrorist affiliation placed there by Saudi authorities to track them (see March 21, 1999 and April 6, 1999), but the indicators are apparently not noticed by US immigration officials, as they have not been informed of their significance (see Around February 1993). [9/11 Commission, 8/21/2004, pp. 10 pdf file] The CIA will later claim that it lost track of them when they arrived in Bangkok and that it did not receive notification from the Thai government that Almihdhar and Alhazmi entered the US until March 2000 (see March 5, 2000). However, Almihdhar will later tell 9/11 mastermind Khalid Shaikh Mohammed that he and Alhazmi think they were watched and followed from Bangkok to Los Angeles by unknown individuals (see Mid-July 2000). [9/11 Commission, 7/24/2004, pp. 181, 215] One San Diego friend of the two hijackers, Mohdar Abdullah, will later allegedly claim that he was told in advance they were coming to Los Angeles to carry out an attack in the US (see Early 2000).

Entity Tags: Nawaf Alhazmi, Khalid Almihdhar, Mohdar Abdullah, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s most senior representative at Alec Station, the CIA’s bin Laden unit, develops cancer and is forced to resign, meaning no FBI agent assigned to Alec Station has the power to release information from the CIA for months. A key cable informing the FBI that hijacker Khalid Almihdhar has a US visa will fail to be released to the FBI around this time (see 9:30 a.m. - 4:00 p.m. January 5, 2000). The representative, who is referred to in documents as “Eric”, is deputy chief of Alec Station. He has the power to release information to the FBI having acquired this power in a row with former Alec Station chief Michael Scheuer (see June 1999). The Justice Department’s Office of Inspector General will say Eric left the unit in mid-January, which would have given him over a week to give the FBI information about Almihdhar discovered during the surveillance of an al-Qaeda summit held from January 5-8 (see January 5-8, 2000). It is known Eric accessed a cable related to the Malaysia summit on January 5 and discussed surveillance photos taken of the summit with CIA officer Tom Wilshire (see (Mid-January 2000)). Author Lawrence Wright will comment: “None of the… FBI agents remaining in Alec had the seniority to release information, and consequently had to rely on the agency to give them permission for any transfer of classified cable traffic.” [US Department of Justice, 11/2004, pp. 241, 320 pdf file; Wright, 2006, pp. 313]

Entity Tags: Office of the Inspector General (DOJ), “Eric”, Alec Station, Federal Bureau of Investigation, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Al-Qaeda leader Khallad bin Attash leaves Thailand and returns to Karachi, Pakistan. Bin Attash had come to Thailand with 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 8, 2000), who had departed for the US five days previously (see January 15, 2000). Bin Attash, Alhazmi, and Almihdhar had been under surveillance in Malaysia shortly before (see January 5-8, 2000) and were watchlisted around January 13 by the Thai authorities (see January 13, 2000), which are supposed to inform the US of the departure of the three men from Thailand. [9/11 Commission, 7/24/2004, pp. 159, 181; US Department of Justice, 11/2004, pp. 248 pdf file] The CIA is informed of bin Attash’s departure in early March, but he is traveling under an alias and the CIA does not connect the alias to bin Attash. [9/11 Commission, 1/26/2004, pp. 6 pdf file] Under interrogation after being captured by the US, bin Attash will say that after leaving Karachi he travels to Kandahar to meet Osama bin Laden. However, such statements are considered unreliable due to the methods used to extract them (see June 16, 2004). [9/11 Commission, 7/24/2004, pp. 159, 494]

Entity Tags: Central Intelligence Agency, Khallad bin Attash

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Judy Palya Loether.Judy Palya Loether. [Source: SecrecyFilm (.com)]Judy Palya Loether, the daughter of a civilian engineer killed in a 1948 plane crash while on a secret government mission (see October 6, 1948), reads over the voluminous reports of the accident that claimed her father’s life. The reports, now declassified (see January 1996), had been at the heart of a landmark lawsuit that gave judicial recognition to the government’s “state secrets” privilege (see March 9, 1953). Loether is shocked to find that the reports contain nothing that could be construed as military or tactical secrets of any kind, though for decades the government has insisted that they could not be revealed, even to a judge (see October 18, 1948, July 26, 1950, August 7-8, 1950, September 21, 1950, and October 19, 1951). What they do contain is a compendium of witness statements and expert findings that indicate a number of mistakes and errors led to the crash. Loether begins contacting the families of the widows who had filed the original lawsuit against the government (seeJune 21, 1949) to share her findings. [Siegel, 2008, pp. 210-211] Loether is confused and angered over the contents of the reports, and the government’s response to the lawsuit. She cannot understand why the government pressed so hard to keep the reports classified, knowing that they contained no sensitive information about the secret missile program, and is particularly troubled by the fact that at least two senior government officials signed affidavits affirming the reports’ inclusion of such information while knowing that the reports contained nothing of the sort. She wonders if government officials had perhaps decided to lie about the reports in order to establish some sort of state secrets privilege. In September 2002, lawyers Wilson Brown and Jeff Almeida, retained by Loether and others who lost family members in the crash, come to the same conclusion. As Almeida will say to Brown: “I’ve read this report. There’s nothing in there.” [Siegel, 2008, pp. 219] As time goes on, Loether and her colleagues files a second lawsuit seeking to overturn the first Supreme Court verdict (see February 26, 2003).

Entity Tags: Wilson Brown, Jeff Almeida, Judy Palya Loether

Timeline Tags: Civil Liberties

The CIA station in Kuala Lumpur, Malaysia, asks the CIA station in Bangkok, Thailand, what is happening with surveillance of future 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar, and al-Qaeda leader Khallad bin Attash. The CIA station in Kuala Lumpur had monitored the three when they were in Malaysia (see January 5-8, 2000) and passed the surveillance over to Bangkok when they flew there in early January (see January 8, 2000). [9/11 Commission, 7/24/2004, pp. 181, 502; US Department of Justice, 11/2004, pp. 247 pdf file] Although, according to the 9/11 Commission, Bangkok station probably already knows that Alhazmi has departed for the US, it fails to respond for two weeks, when it claims it does not know what has happened (see (February 25, 2000)).

Entity Tags: Khallad bin Attash, Nawaf Alhazmi, Central Intelligence Agency, CIA Bangkok Station, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 hijacker Mohamed Atta returns to Germany from Pakistan using the same monitored route as he traveled on the outward journey (see Late November-Early December 1999). He flies from Karachi to Istanbul, Turkey, where he changes planes for Hamburg. Turkish intelligence discovered that militants use this route to travel between Europe and training camps in Afghanistan in the mid-1990s and alerted Germany to it at that time, causing Germany to launch an investigation into one of Atta’s associates (see 1996). However, it is not known whether the intelligence agencies register Atta’s travel at this time. [Stern, 8/13/2003] Fellow alleged 9/11 hijacker Ziad Jarrah appears to be noticed on his way back to Germany from Afghanistan (see January 30, 2000) and another member of the cell, Ramzi bin al-Shibh, may be monitored in Kuala Lumpur, Malaysia, at this time (see January 5-8, 2000).

Entity Tags: Turkish intelligence, Mohamed Atta, German intelligence community

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA station in Bangkok, Thailand, replies to a request from the CIA station in Kuala Lumpur, Malaysia, for information about future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi and al-Qaeda leader Khallad bin Attash by saying that there will be a delay with the response due to difficulties obtaining the information. [US Department of Justice, 11/2004, pp. 247-8 pdf file] The relevant information that should be passed to Kuala Lumpur station concerns the departure of Alhazmi and Almihdhar to the US (see January 15, 2000 and January 15, 2000). Kuala Lumpur station coordinated surveillance of the three men in Malaysia in early January (see January 5-8, 2000). When the trio flew to Bangkok, the surveillance was passed on to Bangkok station (see January 8, 2000). According to the 9/11 Commission: “Presumably the departure information was obtained back in January, on the days that these individuals made their departures. Because the names were watchlisted by the Thai authorities we cannot yet explain the delay in reporting the news.” It is therefore unclear why the CIA’s Bangkok station says it is having difficulty obtaining information it already apparently has in its possession. [9/11 Commission, 7/24/2004, pp. 181, 502] The information will be reported about a week later, but will be incomplete, as Bangkok station will only report that Alhazmi has flown to the US, failing to name his companion as Almihdhar (see March 5, 2000).

Entity Tags: Nawaf Alhazmi, Khalid Almihdhar, CIA Bangkok Station, Khallad bin Attash, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mike Frost.Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]

Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich Ramírez Sanchez

Timeline Tags: Civil Liberties

Kie Fallis, a Defense Intelligence Agency (DIA) terrorism intelligence analyst, later claims that around this time he uncovers an intelligence report about the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000). Public details of his exact knowledge about this summit have been scant, but it suggests at least some information on the summit spreads beyond the CIA and FBI not long after it takes place. But apparently, Fallis, who had been researching terror links between al-Qaeda and Iranian intelligence, learns that US intelligence discovered at the time that Malaysian security officials traced some attendees of the summit to the Iranian Embassy in Kuala Lumpur, where they spent the night. Fallis will use this lead along with other leads to suggest a terror warning in late September 2000 (see May 2000-Late September 2000) that he believes might have stopped the USS Cole attack in October 2000 (see October 12, 2000) . [Washington Times, 8/26/2002]

Entity Tags: Central Intelligence Agency, Kie Fallis, Federal Bureau of Investigation, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After being prompted by CIA colleagues in Kuala Lumpur, Malaysia, to provide information about what happened to future 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar and al-Qaeda leader Khallad bin Attash after they flew from Malaysia to Thailand on January 8, 2000 (see January 8, 2000 and (February 25, 2000)), the CIA station in Bangkok, Thailand, sends out a cable saying that Alhazmi arrived in the US from Thailand with an apparently unnamed companion on January 15 (see January 15, 2000). This information was received from Thai intelligence, which watchlisted Almihdhar and Alhazmi after being asked to do so by the CIA (see January 13, 2000 and January 15, 2000). [New York Times, 10/17/2002; 9/11 Commission, 7/24/2004, pp. 181, 502]
Companion - The companion to whom the cable refers is presumably Almihdhar. According to later testimony of a senior FBI official, the CIA learns the companion is Almihdhar at this time: “In March 2000, the CIA received information concerning the entry of Almihdhar and Alhazmi into the United States.” [US Congress, 9/20/2002] The CIA disputes this, however. [US Congress, 7/24/2003, pp. 157 pdf file] If the companion the cable refers to is Almihdhar, then it is unclear why he would not be named, as the NSA has been intercepting his calls for at least a year (see Early 1999), he was under CIA surveillance earlier in January (see January 5-8, 2000), he is known to have a US visa (see January 2-5, 2000), he is associated with Alhazmi (see January 8-9, 2000), and this cable is prompted by another cable specifically asking where Almihdhar is (see February 11, 2000).
Missed Opportunity - Later, CIA officials, including CIA Director George Tenet and Counterterrorist Center Director Cofer Black, will admit that this was one of the missed opportunities to watchlist the hijackers. Black will say: “I think that month we watchlisted about 150 people. [The watchlisting] should have been done. It wasn’t.” Almihdhar and Alhazmi will not be added to the US watchlist until August 2001 (see August 23, 2001). [New York Times, 10/17/2002; US Congress, 7/24/2003, pp. 157 pdf file]
Unclear Who Reads Cable - Although Tenet will tell the 9/11 Congressional Inquiry that nobody at CIA headquarters reads this cable at this time (see October 17, 2002), the CIA’s inspector general will conclude that “numerous” officers access this cable and others about Almihdhar. [US District Court for the Eastern District of Virginia, Alexandria District, 3/28/2006 pdf file] These officers are not named, but Tom Wilshire, the CIA’s deputy unit chief in charge of monitoring the two men at this time, will access it in May 2001 at the same time as he accesses other cables about Almihdhar from early 2000 (see May 15, 2001). The 9/11 Commission will say that the cables are “reexamined” at this time, suggesting that Wilshire may have read them before. [9/11 Commission, 7/24/2004, pp. 267, 537] Wilshire certainly did access at least two of the cables in January 2000, indicating he may read the cable about the arrival of Alhazmi and the unnamed companion in the US in March 2000. [US Department of Justice, 11/2004, pp. 240, 282 pdf file]
FBI Not Informed - The knowledge that Alhazmi has entered the US will be disseminated throughout the CIA, but not to the FBI or other US intelligence agencies (see March 6, 2000 and After). When asked about the failure by the 9/11 Congressional Inquiry, Wilshire will be unable to explain it, saying: “It’s very difficult to understand what happened with that cable when it came in. I do not know exactly why it was missed. It would appear that it was missed completely.” [US Congress, 9/20/2002]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Nawaf Alhazmi, CIA Bangkok Station, 9/11 Commission, 9/11 Congressional Inquiry, Alec Station, Tom Wilshire, Khalid Almihdhar, Malaysian Secret Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to the 2008 charge sheet at his military tribunal, 9/11 facilitator Ali Abdul Aziz Ali speaks on the telephone to 9/11 hijacker Nawaf Alhazmi, who is living in San Diego at this time. The call or calls are apparently made at the direction of alleged 9/11 mastermind Khalid Shaikh Mohammed and are about a wire transfer from Ali to Alhazmi made in mid-April (see April 16-18, 2000). The source of the claim that the calls are made contained in the charge sheet is not specified, so it is unclear whether it is only based on statements made by detainees under interrogation, which may be unreliable (see June 16, 2004), or whether it is corroborated by other evidence, such as phone company records. [US Department of Defense, 2/11/2008 pdf file] At least some calls between Alhazmi and his partner, hijacker Khalid Almihdhar, and an al-Qaeda communications hub in Yemen are being monitored by the NSA at this point (see Spring-Summer 2000). However, it is unclear whether the call or calls to Ali are picked up by the NSA, or a joint CIA-NSA program to support “black ops” in progress at this time (see After July 11, 1997).

Entity Tags: Ali Abdul Aziz Ali, Nawaf Alhazmi, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Under interrogation after 9/11, al-Qaeda leader Khallad bin Attash will claim he met some of the 9/11 hijackers at Kandahar airport in Afghanistan in the summer of 2000. Although he will not be able to recall all of them, he will say the group includes Satam Al Suqami, Waleed and Wail Alshehri, Abdulaziz Alomari, Hamza Alghamdi, Salem Alhazmi, and Majed Moqed. He will say he was closest to Saeed Alghamdi, whom he convinced to become a martyr and whom he asked to recruit a friend, Ahmed Alghamdi, to the same cause. However, doubts will later be expressed about the reliability of such statements from prisoners like bin Attash, due to the methods used to obtain them (see June 16, 2004) [9/11 Commission, 7/24/2004, pp. 233-4] Al-Qaeda’s division of passports and host country issues is based at the airport and it alters passports, visas and identification cards. Some people involved in the plot will later be reported to have altered travel documents (see July 23, 2001). [9/11 Commission, 8/21/2004, pp. 56 pdf file] 9/11 hijacker Ahmed Alnami and would-be hijacker Mushabib al-Hamlan are also said to be at the same Kandahar camp, Al Farooq, and are assigned to guard the airport. [9/11 Commission, 7/24/2004, pp. 526] By the late 1990s, the Kandahar airport will become the main logistics lifeline for al-Qaeda and the Taliban to the outside world. One Ariana pilot will later recall, “I would see Arabs with [satellite] phones walking around the terminal, in touch with the Taliban at the highest levels.” On one occasion, he sees Taliban ruler Mullah Omar meeting in the middle of the airport with a rebel leader from Tajikistan, surrounded by aides. “There they were, cross-legged on their mats, chattering into cell phones.” [Farah and Braun, 2007, pp. 140] At this time, the Kandahar airport is being mainly used by Ariana Airlines, which has been completely co-opted by al-Qaeda and the Taliban, and aircraft companies controlled by international arms dealer Victor Bout (see 1998).

Entity Tags: Wail Alshehri, Waleed Alshehri, Mullah Omar, Khallad bin Attash, Ariana Airlines, Salem Alhazmi, Satam Al Suqami, Ahmed Alnami, Ahmed Alghamdi, Abdulaziz Alomari, Saeed Alghamdi, Majed Moqed, Mushabib al-Hamlan, Hamza Alghamdi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

When 9/11 hijacker Khalid Almihdhar leaves the US in June (see June 10, 2000), he flies to Frankfurt, Germany, and then to Oman in the Middle East. [US Congress, 7/24/2003, pp. 135 pdf file] From there he returns to his family’s home in Sana’a, Yemen. [9/11 Commission, 7/24/2004, pp. 237] His wife and children live at an al-Qaeda communications hub that is run by his father in law, Ahmed al-Hada. The hub is being monitored by the NSA and CIA. Phone calls to and from the hub, including ones made by Almihdhar and other hijackers, are intercepted, rooms in the building are bugged, and spy satellites record visitors (see Late August 1998, Late 1998-Early 2002, and Early 2000-Summer 2001). Based on information gained from monitoring this house, the CIA and local intelligence services mounted a major operation against Almihdhar, other hijackers, and several more al-Qaeda operatives in December 1999 and January 2000, when they were followed around the Middle East and South Asia and monitored during an al-Qaeda summit in Malaysia (see December 29, 1999, January 2-5, 2000, and January 5-8, 2000). So presumably US intelligence should have been aware of this visit to the hub and who Almihdhar was, but what exactly was known and who may have known it has not been made public. He will return to the hub in February 2001 and stay an unknown length of time (see February 2001).

Entity Tags: Central Intelligence Agency, Ahmed al-Hada, National Security Agency, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 hijackers living in Florida receive money from abroad via wire and bank transfers. After 9/11 the FBI and the 9/11 Commission will focus on just two sets of wire transfers, one totaling approximately $10,000 from hijacker associate Ramzi bin al-Shibh (see June 13-September 25, 2000) and another totaling about $110,000 from a plot facilitator later identified as Ali Abdul Aziz Ali (see June 29, 2000-September 18, 2000). [9/11 Commission, 8/21/2004, pp. 134-5 pdf file] Some reports indicate that these are not the only wire transfers and that the hijackers receive extra money that is not subsequently mentioned by the 9/11 Commission (see (July-August 2000), May 2001, Early August-August 22, 2001, Summer 2001 and before, and Late August-Early September 2001). The hijackers also receive money by other means (see January 15, 2000-August 2001).

Entity Tags: Ramzi bin al-Shibh, Ali Abdul Aziz Ali

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ali Abdul Aziz Ali.Ali Abdul Aziz Ali. [Source: FBI]Hijackers Mohamed Atta and Marwan Alshehhi receive a series of five money transfers from the United Arab Emirates:
bullet On June 29, $5,000 is wired by a person using the alias “Isam Mansur” to a Western Union facility in New York, where Alshehhi picks it up;
bullet On July 18, $10,000 is wired to Atta and Alshehhi’s joint account at SunTrust from the UAE Exchange Centre in Bur Dubai by a person using the alias “Isam Mansur”;
bullet On August 5, $9,500 is wired to the joint account from the UAE Exchange Centre by a person using the alias “Isam Mansour”;
bullet On August 29, $20,000 is wired to the joint account from the UAE Exchange Centre by a person using the alias “Mr. Ali”;
bullet On September 17 $70,000 is wired to the joint account from the UAE Exchange Centre by a person using the alias “Hani (Fawar Trading).” Some sources suggest a suspicious activity report was generated about this transaction (see (Late September 2000)). [Financial Times, 11/29/2001; Newsweek, 12/2/2001; New York Times, 12/10/2001; MSNBC, 12/11/2001; US Congress, 9/26/2002; 9/11 Commission, 8/21/2004, pp. 134-5 pdf file; US District Court for the Eastern District of Virginia; Alexandria Division, 7/31/2006 pdf file] Hijackers Nawaf Alhazmi and Khalid Almihdhar previously received a transfer from the United Arab Emirates from a “Mr. Ali” (see April 16-18, 2000). The 9/11 Commission say this money was sent by Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi), a nephew of 9/11 mastermind Khalid Shaikh Mohammed. [9/11 Commission, 8/21/2004, pp. 133-5 pdf file] Although he denies making the $5,000 transfer to Nawaf Alhazmi, Ali will admit sending Alshehhi these amounts and say that the money was Alshehhi’s (see March 30, 2007). He also admits receiving 16 phone calls from Alshehhi around this time (see June 4, 2000-September 11, 2001). [US Department of Defense, 4/12/2007 pdf file] The hijackers may also receive another $100,000 around this time (see (July-August 2000)). It is suggested that Saeed Sheikh, who wires the hijackers money in the summer of 2001 (see Early August 2001), may be involved in one or both of these transfers. For example, French author Bernard-Henri Levy later claims to have evidence from sources inside both Indian and US governments of phone calls between Sheikh and Mahmood Ahmed, head of Pakistan’s Inter-Services Intelligence agency, during this same time period, and he sees a connection between the timing of the calls and the money transfers (see Summer 2000). [Frontline, 10/13/2001; Daily Excelsior (Jammu), 10/18/2001; Levy, 2003, pp. 320-324]

Entity Tags: Federal Bureau of Investigation, Pakistan Directorate for Inter-Services Intelligence, Mahmood Ahmed, Fawaz Trdng, Isam Mansour, Ali Abdul Aziz Ali, Saeed Sheikh, 9/11 Congressional Inquiry, Al-Qaeda, United Arab Emirates, Marwan Alshehhi, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to a post-9/11 confession obtained from 9/11 mastermind Khalid Shaikh Mohammed (KSM), al-Qaeda operative Khallad bin Attash persuades hijacker Khalid Almihdhar to return to Afghanistan to meet with KSM. At the meeting, Almihdhar complains about life in the US but says he is confident he will be able to obtain another visa, as he left the US before his first one expired. He also tells Mohammed about the problems he and Nawaf Alhazmi have had enrolling in language schools and says they believe they were monitored when they flew from Bangkok to the US in January 2000 (see January 15, 2000) (it is not clear who may have monitored them). Supposedly, KSM is angry that Almihdhar left the US without permission and wishes to exclude Almihdhar from the mission, but bin Laden himself intervenes and keeps Almihdhar involved. [9/11 Commission, 7/24/2004, pp. 237, 269; US District Court for the Eastern District of Virginia, 7/31/2006, pp. 20-21 pdf file] Doubts have been raised about the reliability of KSM’s confession, as it was obtained using torture (see June 16, 2004). According to author Ron Suskind, at one point interrogators even threaten to hurt KSM’s children, a seven-year-old boy and a nine-year-old girl, unless he provides more information. [Suskind, 2006, pp. 230]

Entity Tags: Osama bin Laden, Khallad bin Attash, Khalid Almihdhar, Nawaf Alhazmi, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 hijacker associate Ramzi bin al-Shibh spends four weeks in Yemen. The exact timing of his visit is unknown, except that he arrives in August 2000 and leaves in September. [Australian, 12/24/2002; US Department of Defense, 12/8/2006]
Planning Cole Bombing? - While in Yemen, it seems probable bin al-Shibh is involved in preparations for the USS Cole bombing. There are reports that he takes part in the bombing, and he flies back to Yemen to be there in time for the bombing in early October (see October 10-21, 2000).
Does He Visit Monitored Yemen Hub? - While there, it is also possible that he visits the highly monitored al-Qaeda Yemen communications hub, which is in Sana’a. It will not be confirmed or denied that he visits the hub at this time. However, bin al-Shibh is Yemeni, and he is a cousin of future 9/11 hijacker Khalid Almihdhar’s wife, and she lives at the house where the hub is located. [Washington Post, 6/12/2002; Washington Post, 9/11/2002] (Note that he also has other family in Sana’a, as this is where he grew up, so it seems probable he would spend at least some of his visit in Sana’a.) [McDermott, 2005, pp. 41] Furthermore, at some point before the Cole bombing, bin al-Shibh meets with al-Qaeda operatives Abd al-Rahim al-Nashiri and Ahmed al-Hada in Yemen. It is not known where the meeting takes place, but al-Hada runs the Yemen hub (and he is also related to bin al-Shibh) (see Before October 12, 2000). Also, al-Qaeda operatives use the hub to “put everything together” for the Cole bombing, and bin al-Shibh is probably involved in preparations for the bombing at this time. The bombers also call the hub as part of their preparations (see Mid-August 1998-October 2000).
Could Bin Al-Shibh Be Tracked? - If bin al-Shibh does visit (or even just call) the Yemen hub at this time, and/or during his later visit right at the time of the Cole bombing, he would be monitored by US intelligence. The US not only listens in on the hub’s phone, but it monitors the house through bugs planted inside and through spy satellites to monitor people leaving and entering it (see Early 2000-Summer 2001). Although it is uncertain, US intelligence may already be aware of bin al-Shibh through his attendance at an al-Qaeda summit in Malaysia in early 2000 (see January 5-8, 2000).

Entity Tags: Ramzi bin al-Shibh, Ahmed al-Hada, Khalid Almihdhar, Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Yazid Sufaat (left), and his wife, Sejarahtul Dursina (right).Yazid Sufaat (left), and his wife, Sejarahtul Dursina (right). [Source: Associated Press]Zacarias Moussaoui visits Malaysia twice, and stays at the very same condominium where the January 2000 al-Qaeda summit (see January 5-8, 2000) was held. [Los Angeles Times, 2/2/2002; Washington Post, 2/3/2002; CNN, 8/30/2002] After that summit, Malaysian intelligence kept watch on the condominium at the request of the CIA. However, the CIA stopped the surveillance before Moussaoui arrived, spoiling a chance to expose the 9/11 plot by monitoring Moussaoui’s later travels (see Between February and September 2000). [Newsweek, 6/2/2002] During his stay in Malaysia, Moussaoui tells Jemaah Islamiyah operative Faiz abu Baker Bafana, at whose apartment he stays for one night, that he had had a dream about flying an airplane into the White House, and that when he told bin Laden about this, bin Laden told him to go ahead. They also discuss purchasing ammonium nitrate, and Moussaoui says that Malaysia and Indonesia should be used as a base for financing jihad, but that attacks should be focused against the US. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006] While Moussaoui is in Malaysia, Yazid Sufaat, the owner of the condominium, signs letters falsely identifying Moussaoui as a representative of his wife’s company. [Washington Post, 2/3/2002; Reuters, 9/20/2002] When Moussaoui is later arrested in the US about one month before the 9/11 attacks, this letter in his possession could have led investigators back to the condominium and the connections with the January 2000 meeting attended by two of the hijackers. [USA Today, 1/30/2002] Moussaoui’s belongings also contained phone numbers that could have linked him to Ramzi bin al-Shibh (and his roommate, Mohamed Atta), another participant in the Malaysian meeting (see August 16, 2001). [Associated Press, 12/12/2001]

Entity Tags: Osama bin Laden, Yazid Sufaat, Mohamed Atta, Zacarias Moussaoui, Ramzi bin al-Shibh, Malaysian Secret Service, Rais Yatim, Central Intelligence Agency, Faiz abu Baker Bafana

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Faiz abu Baker Bafana, an operative of al-Qaeda affiliate Jemaah Islamiyah based in Kuala Lumpur, Malaysia, receives an Arab visitor and they discuss attacks on US interests in Singapore. Bafana knows the Arab as “Bandar,” but this is not his real name and it appears that “Bandar” is an alias for 9/11 hijacker Khalid Almihdhar. Almihdhar again stays in Yazid Sufaat’s apartment and travels to Afghanistan after the meeting. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006] The apartment is also used by Zacarias Moussaoui at around the same time (see September-October 2000), and Almihdhar and several other al-Qaeda commanders had used it for a summit at the start of the year (see January 5-8, 2000). Malaysian intelligence had been monitoring the apartment and passing the results on to the US, but the CIA did not ask for the surveillance to continue and it ended, apparently before this visit. Malaysian Legal Affairs minister Rais Yatim will express puzzlement over the CIA’s lack of interest in the apartment: “We couldn’t fathom it, really. There was no show of concern.” [Newsweek, 6/2/2002] Almihdhar will return to Malaysia to continue the planning for the Singapore attack in the middle of 2001 (see June 2001).

Entity Tags: Jemaah Islamiyah, Faiz abu Baker Bafana, Khalid Almihdhar, Yazid Sufaat

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Before the bombing of the USS Cole in Aden, Yemen, Ramzi bin al-Shibh makes two trips to Yemen’s capital, Sana’a, and will later be said to play a role in the attack. Although bin al-Shibh is never named as a certain participant in the operation, he flies from Frankfurt, Germany, to Dubai, United Arab Emirates (UAE), on October 10, 2000. The next day, he flies from Dubai to Sana’a, putting him there one day before the bombing (see October 12, 2000). He flies from Sana’a to Dubai on October 21, and where he goes from there is not certain. [Los Angeles Times, 10/24/2001; Khan, 8/11/2002 pdf file; Australian, 12/24/2002; McDermott, 2005, pp. 209] Bin al-Shibh was also in Yemen for about four weeks up until a month before the bombing (see August-September 2000). Note also that the CIA is working with the Dubai airport to track all suspected militants passing through it, although it is not known if bin al-Shibh is suspected at this time (see 1999). He apparently attended an al-Qaeda summit with the other commanders of the ship-bombing operation in 2000 (see January 5-8, 2000) and some media reports indicate an application for a US visa he makes after the attack is rejected due to concerns about his involvement in the bombing. For example, the Los Angeles Times, based on conversations with law enforcement officials, will report that bin al-Shibh is “linked to the terrorist attack in Yemen on the US Navy destroyer Cole.[Los Angeles Times, 10/21/2001] Newsweek, the BBC, and Al Jazeera journalist Yosri Fouda will also report similar statements by law enforcement officials (see May 17, 2000-May 2001). [Newsweek, 11/26/2001; BBC, 9/14/2002; TBS Journal, 10/2002] One of the 9/11 hijackers, Khalid Almihdhar, may also be involved in the bombing (see Around October 12, 2000).

Entity Tags: Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

October 12, 2000: USS Cole Bombed by Al-Qaeda

Damage to the USS Cole.Damage to the USS Cole. [Source: Department of Defense]The USS Cole is bombed in the Aden, Yemen harbor by two al-Qaeda militants, Hassan al-Khamri and Ibrahim al-Thawar (a.k.a. Nibras). Seventeen US soldiers are killed and 30 are wounded. The CIA will later conclude that with just slightly more skilled execution, the attack would have killed 300 and sunk the ship. [ABC News, 10/13/2000; Coll, 2004, pp. 532; 9/11 Commission, 7/24/2004, pp. 191] The Islamic Army of Aden (IAA) immediately takes credit for the attack. This is a Yemen-based Muslim militant group widely believed to have close ties to al-Qaeda (see 1996-1997 and After). [Guardian, 10/14/2000] The IAA statement is released by its spokesman, Abu Hamza al-Masri (see Early 1997, (June 1998), and December 28, 1998 and After). Abu Hamza says that the attack was timed to mark the anniversary of the execution of the IAA’s former commander (see October 17, 1999). [O'Neill and McGrory, 2006, pp. 184] The prime minister of Yemen at the time of the bombing will say shortly after 9/11, “The Islamic Army was part of al-Qaeda.” [Guardian, 10/13/2001] The US soon learns the names of some al-Qaeda operatives involved in the attack, including Khalid Shaikh Mohammed, Tawfiq bin Attash and Fahad al-Quso (see Early December 2000), and Abd al-Rahim al-Nashiri (see November-December 2000). 9/11 hijackers Ramzi bin al-Shibh (see October 10-21, 2000) and Khalid Almihdhar (see Around October 12, 2000) may also have been involved. This is a repeat of a previously attempted attack, against the USS The Sullivans, which failed and was apparently undetected (see January 3, 2000). [Los Angeles Times, 12/22/2002] The 9/11 Commission will later say the Cole bombing “was a full-fledged al-Qaeda operation, supervised directly by bin Laden. He chose the target and location of the attack, selected the suicide operatives, and provided the money needed to purchase explosives and equipment.” [9/11 Commission, 7/24/2004, pp. 190]

Entity Tags: Khalid Shaikh Mohammed, Khallad bin Attash, Ramzi bin al-Shibh, Islamic Army of Aden, USS Cole, Osama bin Laden, Ibrahim al-Thawar, Khalid Almihdhar, Fahad al-Quso, Abd al-Rahim al-Nashiri, Hassan al-Khamri, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Under interrogation following his capture, al-Qaeda leader Khallad bin Attash will say that after the bombing of the USS Cole (see October 12, 2000), Iran makes a concerted effort to strengthen relations with al-Qaeda. However, Iran is rebuffed because Osama bin Laden does not want to alienate his supporters in Saudi Arabia, which has poor relations with Iran. Nevertheless, Iranian officials are apparently willing to assist travel by al-Qaeda members through Iran, on their way to and from Afghanistan, by not placing telltale immigration stamps in their passports. Such arrangements are particularly beneficial to Saudi members of al-Qaeda. However, information such as this obtained from detainees under interrogation is thought to be unreliable due to the questionable methods used to extract it (see June 16, 2004). [9/11 Commission, 7/24/2004, pp. 240]

Entity Tags: Iran, Khallad bin Attash, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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