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Context of 'April - June 2002: Zubaida Interrogated, Tortured by CIA Interrogators in Thailand Prison'

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The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Timeline Tags: Civil Liberties

Albert Biderman, an Air Force sociologist, publishes a study that notes how “brainwashing” had been achieved by depriving prisoners of sleep, exposing them to intense cold, and forcing them into excruciatingly painful “stress positions” for long periods of time. Biderman’s study is based on techniques used by Chinese Communist interrogators against US prisoners of war, which produced little real intelligence but excelled in producing false confessions (see December 2001). In 2002, Biderman’s study will become the basis of a interrogators’ training class for use against detainees at Guantanamo (see July 2002). [Vanity Fair, 12/16/2008]

Entity Tags: US Department of the Air Force, Albert Biderman

Timeline Tags: Torture of US Captives

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

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

John Kiriakou, who will later make a crucial intervention in the US debate on the ethics of waterboarding (see December 10, 2007), joins the CIA. He will remain with the agency until 2004, and will also play a role in the Plame affair (see 4:30 p.m. June 10, 2003). [Mother Jones, 12/21/2007]

Entity Tags: John Kiriakou, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Misc Entries

Mujaheddin battalions in formation during the Bosnia war. More details are unknown.Mujaheddin battalions in formation during the Bosnia war. More details are unknown. [Source: History Channel]Saudi multimillionaire Yassin al-Qadi forms the Muwafaq Foundation (also known as Blessed Relief). The Muwafaq Foundation is a charitable trust registered in Jersey, an island off the coast of Britain with lenient charity regulations. [Burr and Collins, 2006, pp. 121-123] Al-Qadi is said to be the chief investor, donating about $15 to $20 million for the charity from his fortune. He also persuades members of very rich and powerful Saudi families to help out. [Chicago Tribune, 10/29/2001] The foundation’s board of directors will later be called “the creme de la creme of Saudi society.” [New York Times, 10/13/2001] Saudi billionaire Khalid bin Mahfouz’s legal team will later state that bin Mahfouz “was the principal donor to the foundation at its inception in 1991 but was not involved in the running of the charity.” They also will state that the foundation was purely humanitarian and had no terrorist ties. [Bin Mahfouz Info, 11/22/2005] The Muwafaq Foundation opens offices in several African countries, but it is soon suspected of providing funds for Islamic extremists. For instance, in 1992 it opens an office in Mogadishu, Somalia, at a time when al-Qaeda is assisting militants fighting US soldiers there (see October 3-4, 1993). Burr and Collins will claim “its purpose [there] consisted of transporting weapons and ammunition to Islamists in the city.” But most of the foundation’s work appears to center on Bosnia. It opens an office in neighboring Croatia in 1992, the same year the Bosnian war begins, and then in Sarajevo, Bosnia, a year later. By June 1993, group of mujaheddin fighting in the Zenica region of Bosnia form the Al Muwafaq Brigade. It consists of about 750 Afghan-Arabs and has Iranian advisers. According to Burr and Collins, it soon becomes well known in the region that the Muwafaq Foundation is funding the Al Muwafaq Brigade and at least one camp in Afghanistan training mujaheddin to fight in Bosnia. One member of the brigade is Ahmed Ressam, who will later be arrested in an al-Qaeda plot to blow up the Los Angeles airport (see December 14, 1999). In July 1995, a US Foreign Broadcast Information Service report indicates that the Muwafaq Foundation’s office in Zagreb, Croatia, is a bin Laden front. In early 1996, bin Laden will mention in an interview that he supports the “Muwafaq Society” in Zagreb. However, al-Qadi denies any ties to fighting mujaheddin. The brigade apparently disbands after the war ends in 1995 and the Muwafaq Foundation will close its Bosnia office by 1998. [Burr and Collins, 2006, pp. 121-123, 137-138] A secret 1996 CIA report will claim that Muwafaq has ties to the al-Gama’a al-Islamiyya militant group and helps fund mujaheddin fighting in Bosnia and at least one training camp in Afghanistan (see January 1996). The US will declare al-Qadi a terrorist financier shortly after 9/11 but has never taken any action against the Muwafaq Foundation (see 1995-1998).

Entity Tags: Yassin al-Qadi, Khalid bin Mahfouz, Muwafaq Foundation, Al Muwafaq Brigade, Osama bin Laden, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

Fateh Kamel.Fateh Kamel. [Source: Radio Canada]The Al-Kifah Refugee Center in Brooklyn has an office in Zagreb, Croatia, also called the Al-Kifah Refugee Center, and the links between the two are very close. Both are connected to Maktab al-Khidamat/Al-Kifah in Pakistan, which is an al-Qaeda charity front. Hassan Hakim, deputy director of the Zagreb office, says his office is linked only to the Brooklyn office. This is important because the Zagreb office is closely involved in assisting mujaheddin in the Bosnian war and the Brooklyn office is closely linked to the CIA, suggesting the CIA could be assisting the Bosnia mujaheddin through the relationship between Brooklyn and Zagreb offices. [Washington Post, 8/3/1993; Kohlmann, 2004, pp. 41] The Zagreb office will remain open after the Brooklyn office is closed in the wake of the 1993 WTC bombing (see February 26, 1993), as all of the bombers were connected to that office. A Washington Post journalist who visits it in August 1993 describes it as being “housed in a modern, two-story building staffed by Arabs who identified themselves as Algerians.” [Washington Post, 8/3/1993] Like the Brooklyn office, the Zagreb office appears to be staffed with many militants involved in illegal activities:
bullet Fateh Kamel will reportedly be involved in many attacks and is considered a leader for Ahmed Ressam, who will attempt to bomb the Los Angeles airport (see December 14, 1999).
bullet Lionel Dumont is involved in numerous al-Qaeda plots, even as far afield as Japan.
bullet Hocine Senoussaoui is connected with Al-Gama’a al-Islamiyya and the GIA and will be arrested in France in 1996. [Kohlmann, 2004, pp. 164, 186, 189, 195]
bullet Kamar Eddine Kherbane, head of the Zagreb office, is a known al-Qaeda operative as well as a leader of an Algerian extremist group, and allegedly will be involved in the 9/11 attacks (see September 18-20, 2001).
bullet Hassan Hakim. A 1996 CIA report will say that he is a senior member of Algerian extremist groups and was arrested in France for weapons smuggling in July 1994.
bullet In 1996, a CIA report will say that an Algerian national connected to the Zagreb office is “preparing for an unspecified terrorist attack in Europe…” [Central Intelligence Agency, 1/1996]

Entity Tags: Lionel Dumont, Hocine Senoussaoui, Hassan Hakim, Kamer Eddine Kherbane, Al-Kifah Refugee Center, Fateh Kamel, Maktab al-Khidamat

Timeline Tags: Complete 911 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

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

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

While Bojinka plotter Abdul Hakim Murad is being interrogated by Philippine Colonel Rodolfo Mendoza (see February-Early May 1995), he mentions that he had pilot training in the US and ten other operatives are being trained to fly in the US. The second wave of the Bojinka plot required many suicide pilots. Mendoza will later recall that Murad said, “There is really formal training [going on] of suicide bombers. He said that there were other Middle Eastern pilots training and he discussed with me the names and flight training schools they went to.” Murad also mentioned some of their targets had already been picked and included CIA headquarters, the Pentagon, and an unidentified nuclear facility. [Lance, 2003, pp. 279] The ten other men who met him at US flight schools or were getting similar training came from Sudan, United Arab Emirates, Saudi Arabia, and Pakistan. The names of these men have never been publicly released, but apparently none of them match the names of any of the 9/11 hijackers. The Associated Press will later report, “The FBI interviewed people at the flight schools highlighted by Filipino police but did not develop evidence that any of the other Middle Easterners other than Murad were directly plotting terrorism. With no other evidence of a threat, they took no further action…” [Associated Press, 3/5/2002] Murad also revealed that between November 1991 and July 1992, he had trained at four different flight schools in the US. His friend Nasir Ali Mubarak and another man named Abdullah Nasser Yousef were roommates with Murad as they trained at the same schools at the same time. Mubarak appears to be one of Murad’s ten pilots, because he had served in the United Arab Emirates air force and the Associated Press mentioned one of the ten was “a former soldier in the United Arab Emirates.” [Associated Press, 3/5/2002; San Francisco Chronicle, 6/16/2002; San Francisco Chronicle, 1/12/2003] Richard Kaylor, the manager of Richmor Aviation in Albany, New York, later says that FBI agents interviewed him in 1996 about the three men who studied at his school. He says he was told that the FBI was first alerted to his flight school after a Richmor business card was found in the Philippines apartment where Murad, Ramzi Yousef, and KSM had lived. But that is the only time the FBI interviewed him on these matters before 9/11. [Washington Post, 9/30/2001] An assistant manager at Richmor will later say of Murad and his roommates, “Supposedly they didn’t know each other before, they just happened to show up here at the same time. But they all obviously knew each other.” [Associated Press, 3/5/2002] The FBI investigates Mubarak in 1995 and does not find that he has any ties to terrorism. Mubarak will continue to openly live and work in the US, marrying an American woman. He will claim the FBI never interviewed him until hours after the 9/11 attacks, so apparently the ten named by Murad may not have been interviewed in 1995 after all. He will be deported in 2002, apparently solely because of his association with Murad ten years earlier. Nothing more is publicly known about Abdullah Nasser Yousef. [San Francisco Chronicle, 1/12/2003] Murad will also mention to the FBI a few months later that future 9/11 mastermind Khalid Shaikh Mohammed (KSM) had a valid US visa and has been thinking about learning to fly in the US. Murad says he had recommended Richmor Aviation to KSM (see April-May 1995). There appears to have been little knowledge of Murad’s ten pilot claim inside US intelligence before 9/11; for instance FBI agent Ken Williams will not mention it in his July 2001 memo about suspected militants training in US flight schools (see July 10, 2001).

Entity Tags: Abdullah Nasser Yousef, Richmor Aviation, Khalid Shaikh Mohammed, Rodolfo Mendoza, Abdul Hakim Murad, Nasir Ali Mubarak

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). [New Yorker, 2/8/2005]
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” [Grey, 2007, pp. 140-141]
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” [US Congress, 4/17/2007 pdf file] A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” [Harper's, 1/28/2007]

Entity Tags: Mukhabarat (Egypt), Richard Blee, Islamic Jihad, Alec Station, Central Intelligence Agency, Egypt, Michael Scheuer

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jack Cloonan.Jack Cloonan. [Source: PBS]The Justice Department directs an existing unit called Squad I-49 to begin building a legal case against bin Laden. This unit is unusual because it combines prosecutors from the Southern District of New York, who have been working on bin Laden related cases, with the FBI’s New York office, which was the FBI branch office that dealt the most with bin Laden -related intelligence. Patrick Fitzgerald effectively directs I-49 as the lead prosecutor. FBI agent Dan Coleman becomes a key member while simultaneously representing the FBI at Alec Station, the CIA’s new bin Laden unit (February 1996) where he has access to the CIA’s vast informational database. [Lance, 2006, pp. 218-219] The other initial members of I-49 are: Louis Napoli, John Anticev, Mike Anticev, Richard Karniewicz, Jack Cloonan, Carl Summerlin, Kevin Cruise, Mary Deborah Doran, and supervisor Tom Lang. All are FBI agents except for Napoli and Summerlin, a New York police detective and a New York state trooper, respectively. The unit will end up working closely with FBI agent John O’Neill, who heads the New York FBI office. Unlike the CIA’s Alec Station, which is focused solely on bin Laden, I-49 has to work on other Middle East -related issues. For much of the next year or so, most members will work on the July 1996 crash of TWA Flight 800, because it crashed near New York and is suspected to have been carried out by Middle Eastern militants (July 17, 1996-September 1996). However, in years to come, I-49 will grow considerably and focus more on bin Laden. [Wright, 2006, pp. 240-241] After 9/11, the “wall” between intelligence collection and criminal prosecution will often be cited for the failure to stop the 9/11 attacks. But as author Peter Lance will later note, “Little more than ten months after the issuance of Jamie Gorelick’s ‘wall memo,’ Fitzgerald and company were apparently disregarding her mandate that criminal investigation should be segregated from intelligence threat prevention. Squad I-49… was actively working both jobs.” Thanks to Coleman’s involvement in both I-49 and the CIA’s Alec Station, I-49 effectively avoids the so-called “wall” problem. [Lance, 2006, pp. 220]

Entity Tags: Mike Anticev, Tom Lang, US Department of Justice, Patrick J. Fitzgerald, Kevin Cruise, Dan Coleman, Carl Summerlin, Alec Station, Louis Napoli, Mary Deborah Doran, John Anticev, Jack Cloonan, I-49, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

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

Omar Nasiri, who informs on al-Qaeda for the British intelligence service MI6 and the French service Direction Générale de la Sécurité Extérieure (DSGE), makes contact with al-Qaeda logistics manager Abu Zubaida using a telephone bugged by MI6. Nasiri met Abu Zubaida in Pakistan (see Mid 1995-Spring 1996). Usually, when Nasiri calls the number, he talks to one of Abu Zubaida’s associates, but sometimes he talks to Abu Zubaida himself. The phone is used to relay messages between Abu Zubaida in Pakistan and al-Qaeda representatives in London, in particular leading imam Abu Qatada. The French will apparently make great use of this information (see October 1998 and After). [Nasiri, 2006, pp. 270-1, 273, 281]

Entity Tags: Direction Générale de la Sécurité Extérieure, Abu Zubaida, UK Secret Intelligence Service (MI6), Abu Qatada, Omar Nasiri

Timeline Tags: Complete 911 Timeline

Harry Ellen.Harry Ellen. [Source: Associated Press]Harry Ellen, a businessman who converted to Islam, has high credibility with Muslims in Arizona because of his work on behalf of the Palestinian cause. He has had important meetings with Palestinian leader Yasser Arafat. In 1994, he began working as an FBI informant. Ken Williams, the Phoenix FBI agent who will later write the July 2001 “Phoenix memo”(see July 10, 2001), is his handler. In October 1996, Ellen tells Williams that he has suspicions about an Algerian pilot who is training other Middle Eastern men to fly. He later recalls, “My comment to Williams was that it would be pitiful if the bad guys were able to gain this kind of access to airplanes, flight training and crop dusters. I said, ‘You really ought to look at this, it’s an interesting mix of people.’” Ellen had previously begun spying on a man known as Abu Sief, which apparently is his alias. Sief had come to Arizona from New Jersey in 1993, and bragged about having close ties with al-Qaeda figures Sheikh Omar Abdul-Rahman and Ramzi Yousef (when Yousef’s computer is seized in the Philippines in 1995, there is a mention of a contact in Tucson, Arizona, but it is unknown if this is a reference to Sief or someone else (see January 7-11, 1995)). Sief attended a New Jersey mosque that many of the 1993 World Trade Center bombers also attended. Ellen soon sees the unnamed Algerian pilot meeting with Abu Sief. He tells this to Williams and later will claim, “I told him to be very concerned about air schools.” However, Ellen will claim that Williams responds by telling him to “leave it alone.” So he does. Ellen later believes that Williams should have sent the gist of his Phoenix memo at this time, instead of four and a half years later. Hani Hanjour is living in Phoenix by this time and taking flight training nearby (see October 1996-Late April 1999). Ellen later will say he did not know Hanjour directly, but he knew some of his friends and relatives. Ellen and Williams will have a falling out in late 1998 on an unrelated manner, and Ellen’s flow of information will stop. [Washington Post, 5/24/2002; New York Times, 5/24/2002; Lance, 2003, pp. 211, 352-355, inset 21]

Entity Tags: Ramzi Yousef, Harry Ellen, Ken Williams, Abu Sief, Federal Bureau of Investigation, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On several occasion between 1996 and 1999, future 9/11 hijacker Hani Hanjour attends flight schools in Arizona (see October 1996-December 1997 and 1998). The 9/11 Commission will later note, “It is clear that when Hanjour lived in Arizona in the 1990s, he associated with several individuals who have been the subject of counterterrorism investigations.” Some of the time, he is accompanied by two friends, Bandar Al Hazmi and Rayed Abdullah. Al Hazmi and Abdullah have been friends with each other in high school in Saudi Arabia, but it is not known if either knew Hanjour before moving to the US. Al Hazmi and Hanjour are roommates for a time. Al Hazmi will finish his training and leave the US for the last time in January 2000 (he apparently will be interviewed overseas in 2004). Abdullah becomes a leader of a Phoenix mosque where he reportedly gives extremist speeches. He will continue to train with Hanjour occasionally through the summer of 2001. The FBI apparently will investigate him in May 2001. He will repeatedly be questioned by authorities after 9/11, then move to Qatar. In 2004, the 9/11 Commission will report that the FBI remains suspicious of Al Hazmi and Abdullah, but neither man is charged with any crime. The 9/11 Commission will also imply that another of Hanjour’s Arizona associates is al-Qaeda operative Ghassan al Sharbi. Al Sharbi will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). He apparently is a target of Ken Williams’s “Phoenix memo”(see July 10, 2001). Another associate of Hanjour’s, Hamed al Sulami, is in telephone contact with a radical Saudi imam who is said to be the spiritual advisor to al-Qaeda leader Abu Zubaida. This imam may have a role in recruiting some of the 9/11 hijackers. Abdulaziz Alomari, for instance, was a student of this imam. It seems that al Sulami is also a target of Williams’s memo. [Washington Post, 9/10/2002; US Congress, 9/26/2002; 9/11 Commission, 7/24/2004, pp. 233, 520-521, 529]

Entity Tags: Rayed Abdullah, Hani Hanjour, Bandar Al Hazmi, Ghassan al Sharbi, Hamed al Sulamis

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Future 9/11 hijacker Hani Hanjour begins associating with an unnamed individual who is later mentioned in FBI agent Ken Williams’s famous “Phoenix memo” (see July 10, 2001). Hanjour and this individual train at flight schools in Arizona (see October 1996-December 1997 and 1998). Several flight instructors will later note that the two were associates and may have carpooled together. They are known to share the same airplane on one occasion in 1999, and are at the school together on other occasions. The unnamed individual leaves the US in April 2000. In May 2001, the FBI attempts to investigate this person, but after finding out that he has left the US, it declines to open a formal investigation. The person’s name is not placed on a watch list, so the FBI is unaware that he returns in June and stays in the US for another month. By this time, he is an experienced flight instructor who is certified to fly Boeing 737s. The FBI speculates he may return to evaluate Hanjour’s flying skills or provide final training before 9/11. There is considerable circumstantial evidence placing this person near Hanjour in July 2001. [US Congress, 7/24/2003 pdf file] This unnamed individual may be Lofti Raissi, as several details match him perfectly. For instance, Raissi is a flight instructor who left the US in April 2000, is later accused of having shared an airplane with Hanjour in 1999, and is accused of being with Hanjour in July 2001. [Guardian, 1/31/2002] In addition, according to FBI investigators, Raissi engages in a number of suspicious activities during this period that will justify scrutiny after 9/11. For example, in June 2000, while training at a British flight school, he reportedly asks, “if a plane flies into a building, whether it is the responsibility of the airline or the pilot,” and warns that “America will get theirs.” [9/11 Commission, 1/5/2004] Raissi will be arrested in Britain after 9/11 and accused of training Hanjour and other hijackers how to fly, but the case against him will collapse in April 2002. He will be released, and many of the allegations against him will be withdrawn (see September 21, 2001). No media accounts will report that Raissi was mentioned in the Phoenix memo or wanted for an FBI investigation before 9/11.

Entity Tags: Federal Bureau of Investigation, Hani Hanjour, Lotfi Raissi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sawyer Aviation logo.Sawyer Aviation logo. [Source: Sawyer Aviation]In January 1998, future 9/11 hijacker Hani Hanjour and his friend Bandar Al Hazmi, who are now renting an apartment together in Phoenix, Arizona, train together at Arizona Aviation flight school. Hanjour supposedly receives his commercial pilot rating while there. [US Congress, 9/26/2002] Later in 1998, Hanjour joins the simulator club at Sawyer School of Aviation in Phoenix. According to the Washington Post, Sawyer is “known locally as a flight school of last resort.” Wes Fults, the manager of the flight simulator, says Hanjour has “only the barest understanding what the instruments were there to do.” After using the simulator four or five times, Hanjour disappears from the school. [Washington Post, 10/15/2001]

Entity Tags: Wes Fults, Sawyer School of Aviation, Bandar Al Hazmi, Arizona Aviation flight school, Hani Hanjour

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. [Legal Information Institute, 1/26/1998; Savage, 2007, pp. 155]

Timeline Tags: Torture of US Captives

Bin Laden sends a fax from Afghanistan to Sheikh Omar Bakri Mohammed, a London-based Muslim imam who dubs himself the “mouth, eyes, and ears of Osama bin Laden.” Bakri publicly releases what he calls bin Laden’s four specific objectives for a holy war against the US. The instruction reads, “Bring down their airliners. Prevent the safe passage of their ships. Occupy their embassies. Force the closure of their companies and banks.” Noting this, the Los Angeles Times will wryly comment that “Bin Laden hasn’t been shy about sharing his game plan.” [Los Angeles Times, 10/14/2001] In 2001, FBI agent Ken Williams will grow concerned about some Middle Eastern students training in Arizona flight schools. He will link several of them to Al-Muhajiroun, an extremist group founded by Bakri. Williams will quote several fatwas (calls to action) from Bakri in his later-famous July 2001 memo (see July 10, 2001). However, he apparently will not be aware of this particular call to action. These students linked to Bakri’s group apparently have no connection to any of the 9/11 hijackers. In another interview before 9/11, Bakri will boast of recruiting “kamikaze bombers ready to die for Palestine.” (see Early September 2001) [Associated Press, 5/23/2002]

Entity Tags: Osama bin Laden, Ken Williams, Al-Muhajiroun, Sheikh Omar Bakri Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism expert Rohan Gunaratna will later write that after the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), surveillance of al-Qaeda is stepped up around the world. “One intelligence officer attached to the French embassy in Islamabad, [Pakistan], urged his counterparts in foreign missions in Pakistan to detail the recipients of phone calls made by… al-Qaeda leader Abu Zubaida, then living in Peshawar, to individuals in their various countries.” As a result, “several governments [launch] investigations of their own.” [Gunaratna, 2003, pp. 245] A close associate of Zubaida in Peshawar at this time is Khalil Deek, who is actually a mole for the Jordanian government (see 1998-December 11, 1999). One such investigation is launched by the Philippine government on October 16, 1998, after being asked by French intelligence to gather intelligence on people in the Philippines in contact with Zubaida. Code named CoPlan Pink Poppy, the investigation reveals connections between al-Qaeda and the Moro Islamic Liberation Front (MILF), a Philippine militant group. On December 16, 1999, Abdesselem Boulanouar and Zoheir Djalili, two French Algerians belonging to the Algerian al-Qaeda affiliate the Salafist Group for Call and Combat (GSPC), are arrested due to information learned from monitoring Zubaida’s calls to the Philippines. Boulanouar is arrested at an airport carrying a terrorist training manual he admitted writing for the MILF. Both men also are arrested carrying explosive devices. French intelligence says Boulanouar had ties to Ahmed Ressam (see December 14, 1999), and like Ressam, may have been planning to carry out attacks at the turn of the millennium. He will be deported to France and imprisoned on terrorism related charges. CoPlan Pink Poppy will be canceled in 2000 for lack of funds. [Gulf News, 3/14/2000; Ressa, 2003, pp. 132-133; Gunaratna, 2003, pp. 245] However, while details are murky, it appears other governments continue to monitor Zubaida’s calls. Around the same time as the Philippines arrests, one militant in Jordan is even arrested while still in the middle of a phone call to Zubaida (see November 30, 1999). US intelligence will remain intensely focused on Zubaida before 9/11 (see Late March-Early April 2001 and May 30, 2001), and just days before 9/11 the NSA will monitor calls Zubaida is making to the US (see Early September 2001). It appears his calls will continue to be monitored after 9/11 as well (see October 8, 2001).

Entity Tags: Khalil Deek, Zoheir Djalili, Moro Islamic Liberation Front, Direction Générale de la Sécurité Extérieure, Abdesselem Boulanouar, Philippines, Abu Zubaida, Al-Qaeda, Ahmed Ressam, Salafist Group for Preaching and Combat

Timeline Tags: Complete 911 Timeline

Shortly after an August 1998 US missile strike on Afghanistan (see August 20, 1998), bin Laden stops using his satellite phone, correctly deciding that it was being monitored by US intelligence (see Late August 1998). According to counterterrorism expert Rohan Gunaratna, al-Qaeda quickly “developed a system to deceive those monitoring his calls. [But] Western security and intelligence agencies were soon able to monitor the new system, which was based on transferring international calls within safe houses in Pakistan to make them seem like domestic calls.” Other al-Qaeda leaders such as Abu Zubaida will be frequently monitored as they make calls using this new system (see October 1998 and After). Gunaratna later claims to have learned this from a confidential source in a “communications monitoring agency” in Western Europe. [Gunaratna, 2003, pp. 15-16, 3291] It is not known how long it took until al-Qaeda realized this new system was compromised, but there are accounts of bin Laden and Zubaida’s calls being monitored days before 9/11 (see Early September 2001, September 9, 2001, and Early September 2001).

Entity Tags: Osama bin Laden, Abu Zubaida

Timeline Tags: Complete 911 Timeline

A Spanish newspaper later will claim that Ahmed Ressam, the al-Qaeda operative who attempted to bomb the Los Angeles airport at the turn of the millennium (see December 14, 1999), meets Mohamed Atta in the Alicante region of Spain in this year. It is unclear whether the men trained at the same camp while they were in Afghanistan. [Reuters, 11/26/2001; CTV, 9/14/2002] According to other Spanish reports, in 1997 or 1998 Atta was a student in Valencia under an assumed name (see 1997 or 1998). Valenica is less than 100 miles from Alicante. After his arrest, Ressam began cooperating with US investigators in the summer of 2001 (see May 30, 2001), leading to the possibility that he could have confirmed Atta’s identity as an al-Qaeda operative before 9/11, if he had been asked.

Entity Tags: Mohamed Atta, Ahmed Ressam

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CIA Director George Tenet tells a closed session of Congress, “We have seen numerous reports that bin Laden and his associates are planning terrorist attacks against US officials and facilities in a variety of locations, including in the US.” [Coll, 2004, pp. 454] However, six months later and after a well-publicized attempted al-Qaeda attack on the Los Angeles airport (see December 14, 1999), he will not mention in an open session that bin Laden has the capability to stage attacks inside the US (see February 2, 2000).

Entity Tags: Osama bin Laden, US Congress, George J. Tenet

Timeline Tags: Complete 911 Timeline

Two Saudis, Hamdan al Shalawi and Mohammed al-Qudhaeein, are detained for trying twice to get into the cockpit on a passenger airplane flying from Phoenix, Arizona, to Washington, D.C. They claim they thought the cockpit was the bathroom, and sue the FBI for racism. After 9/11, the FBI will consider the possibility that this was a “dry run” for the 9/11 attacks, but apparently does not come to a definite conclusion. In late 1999, it is discovered that the two were traveling to Washington to attend a party at the Saudi embassy and their ticket had been paid by the Saudi government. Apparently influenced by their government ties, the FBI decides not to prosecute or investigate the men. Al-Qudhaeein leaves the US. In 2000, intelligence information will be received indicating al-Qudhaeein had received explosives and car bomb training in Afghanistan. As a result, his name is added to a no-fly watch list. In April 2000, FBI agent Ken Williams is investigating Zacaria Soubra, a suspected radical militant attending a flight school in Phoenix, and discovers that the car Soubra is driving is actually owned by al-Qudhaeein. Soubra is friends with al Shalawi and al-Qudhaeein. This and other evidence will influence Williams to write his later-famous July 2001 memo warning about potential terrorists training in Arizona flight schools (see July 10, 2001). In August 2001, al-Qudhaeein applies for a visa to reenter the US, but is denied entry. It has not been revealed why al-Qudhaeein wanted to reenter the US, or if Williams or anyone else in US intelligence knew about his attempted reentry, or if anyone took action as a result of it. [Graham and Nussbaum, 2004, pp. 43-44; 9/11 Commission, 7/24/2004, pp. 521; Arizona Monthly, 11/2004] Al Shalawi, the other Saudi involved in the cockpit incident, also has a radical militant background. In November 2000, US intelligence discovers he is training in a camp in Afghanistan, learning how to conduct a car bomb attack. One of his friends in Arizona is Ghassan al Sharbi, an al-Qaeda operative who will be captured in Pakistan with al-Qaeda leader Abu Zubaida. Al Sharbi is one of the targets of Williams’ July 2001 memo. [9/11 Commission, 7/24/2004, pp. 521]

Entity Tags: Mohammed Al-Qudhaeein, Ghassan al Sharbi, Ken Williams, Federal Bureau of Investigation, Zacaria Soubra, Hamdan al Shalawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmed Ressam.Ahmed Ressam. [Source: Public domain]The CIA learns from the Jordanian government about an al-Qaeda millennium bombing plot in that country (see November 30, 1999). Further, the CIA concludes more attacks are likely soon, including some inside the US (see December 8, 1999). Counterterrorism “tsar” Richard Clarke is told of this, and he implements a plan to neutralize the threat. [Clarke, 2004, pp. 205, 211] The plan, approved by President Clinton, focuses on harassing and disrupting al-Qaeda members throughout the world. The FBI is put on heightened alert, counterterrorism teams are dispatched overseas, a formal ultimatum is given to the Taliban to keep al-Qaeda under control, and friendly intelligence agencies are asked to help. There are Cabinet-level meetings nearly every day dealing with terrorism [Washington Post, 4/2/2000; Associated Press, 6/28/2002] All US embassies, military bases, police departments, and other agencies are given a warning to be on the lookout for signs of an al-Qaeda millennium attack. One alert border agent responds by arresting terrorist Ahmed Ressam (see December 14, 1999), which leads to the unraveling of several bombing plots (see December 15-31, 1999). No terror attacks occur. However, Clarke claims the FBI generally remains unhelpful. For example, around this time the FBI says there are no websites in the US soliciting volunteers for training in Afghanistan or money for terrorist front groups. Clarke has a private citizen check to see if this is true, and within days, he is given a long list of such websites. The FBI and Justice Department apparently fail to do anything with the information. [Newsweek, 3/31/2004]

Entity Tags: William Jefferson (“Bill”) Clinton, Taliban, Richard A. Clarke, Al-Qaeda, Jordan, Central Intelligence Agency, Ahmed Ressam, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: Complete 911 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

From left to right: Mokhtar Haouari, Abdelmajid Dahoumane, Abdel Ghani Meskini. The picture of Meskini is from an ATM camera.From left to right: Mokhtar Haouari, Abdelmajid Dahoumane, Abdel Ghani Meskini. The picture of Meskini is from an ATM camera. [Source: Public domain, public domain, and Seattle Times]In the wake of the arrest of Ahmed Ressam (see December 14, 1999), FBI investigators work frantically to uncover more millennium plots before the end of the year. US authorities also make a number of arrests.
bullet A telephone number found in Ressam’s pocket leads to Abdel Ghani Meskini, an Algerian living in New York City who had gone to Seattle to meet Ressam. Meskini is monitored and arrested in New York on December 30.
bullet One of Ressam’s credit cards leads to the arrest of Mokhtar Haouari, an Algerian living in Montreal, Canada. Meskini later cooperates with US investigators and is never charged, while Haouari will be sentenced to 24 years in prison. [Time, 2/7/2000; CNN, 1/16/2002; Wright, 2006, pp. 298]
bullet Another Algerian associate of Ressam’s, Abdelmajid Dahoumane, escapes to Afghanistan, but will eventually be caught by the Algerian government and convicted in Algeria. [PBS Frontline, 10/25/2001]
bullet Investigators believe that Mohamedou Ould Slahi, an al-Qaeda operative whose cousin is a top al-Qaeda leader, went to Canada to give the go-ahead for Ressam’s attack. Slahi is arrested several times overseas, but never charged (see January-April 2000). [CNN, 3/6/2002]
bullet Khalid Deek, a US citizen, is arrested around this time for masterminding another al-Qaeda millennnium plot (see December 11, 1999). But counterterrorism expert Rita Katz will later say Deek was a suspected mastermind of Ressam’s Los Angeles airport plot, too. [Orange County Register, 9/12/2005] Deek’s name and phone number is found in Ressam’s telephone book. Ressam knew Deek from bin Laden training camps in Afghanistan. Both of them, like most of Ressam’s group, have links to the GIA, an Algerian militant group associated with al-Qaeda. [Newsweek (International), 3/13/2000]
Others escape the US after hearing media reports of Ressam’s arrest. However, enough people are caught to stop additional millennium attacks. Counterterrorism “tsar” Richard Clarke later says, “I think a lot of the FBI leadership for the first time realized that… there probably were al-Qaeda people in the United States. They realized that only after they looked at the results of the investigation of the millennium bombing plot.” [PBS Frontline, 10/3/2002] Yet Clinton’s National Security Adviser Sandy Berger later claims that the FBI will still repeatedly assure the Clinton White House until Clinton leaves office that al-Qaeda lacks the ability to launch a domestic strike (see 2000).

Entity Tags: Mohamedou Ould Slahi, Sandy Berger, Khalil Deek, Mokhtar Haouari, Groupe Islamique Armé, Abdel Ghani Meskini, Al-Qaeda, Federal Bureau of Investigation, Richard A. Clarke, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

The FBI misses a chance to learn about Zacarias Moussaoui after a raid in Dublin, Ireland. On December 14, 1999, Ahmed Ressam was arrested trying to smuggle explosives into the US (see December 14, 1999). On December 21, Irish police arrest Hamid Aich and several other North African immigrants living in Dublin. [New York Times, 1/22/2000] During the arrests, police seize a large amount of documents relating to citizenship applications, identities, credit cards, and airplane tickets. A diagram of an electrical switch that could be used for a bomb is found that is identical to a diagram found in Ressam’s apartment in Vancouver, Canada. [Irish Times, 7/31/2002] The suspects are released about a day later, but, “Within days, authorities in Ireland and the United States began to realize that they might have missed a chance to learn more about a terrorist network.” [New York Times, 1/22/2000] It is discovered that Aich lived with Ressam in Montreal, and then later lived with him in Vancouver. Investigators conclude there has been an al-Qaeda cell in Dublin since the early 1990s, when the charity Mercy International opened an office there (this charity has several known al-Qaeda connections by this time (see 1988-Spring 1995 and Late 1996-August 20, 1998) and also an alleged CIA connection (see 1989 and After)). The cell is mainly involved in providing travel and identity documents for other cells committing violent acts. Investigators also connect Aich to the Islamic Jihad. But the US and Canada do not seek Aich’s extradition, and instead have the Irish police keep him under surveillance. He will escape from Ireland shortly before 9/11 (see June 3, 2001-July 24, 2001). [New York Times, 1/22/2000; Irish Times, 7/31/2002] Apparently, many of the documents seized in the raid will only be closely examined after 9/11. Documents will show that in 1999 and 2000, Mustafa Ahmed al-Hawsawi, a top al-Qaeda financier, worked with the Dublin cell to finance Moussaoui’s international travel. Aich made travel arrangements and possibly provided fake identification for Moussaoui. [Fox News, 7/30/2002; Irish Times, 7/31/2002] Presumably, had these links been discovered after the 1999 raid instead of after 9/11, events could have gone very differently when Moussaoui was arrested in the US in August 2001 (see August 16, 2001).

Entity Tags: Zacarias Moussaoui, Al-Qaeda, Mercy International, Islamic Jihad, Hamid Aich, Ahmed Ressam, Federal Bureau of Investigation, Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Earlier in December, the CIA estimated that al-Qaeda would launch between five and 15 attacks against American targets around the world over the New Year’s weekend, and that several targets would likely be inside the US (see December 8, 1999). Since late 1999, there has been intelligence that targets in Washington and New York would be attacked at this time. [US Congress, 9/18/2002] There in fact are a number of planned attacks, including bomb attacks on the Boston and Los Angeles airports (see December 14, 1999 and December 15-31, 1999), a hotel in Jordan (see November 30, 1999), and a naval ship in Yemen (see January 3, 2000). However, all of the attacks are foiled, thanks to alerts and luck. [Washington Post, 1/20/2002]

Entity Tags: Central Intelligence Agency, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

In the wake of disrupting Ahmed Ressam’s millennium bomb plot at the end of 1999 and arresting his cohorts (see December 14, 1999) (see December 15-31, 1999), US intelligence remains concerned that al-Qaeda sleeper cells remain in the US (see March 10, 2000). However, Clinton’s National Security Adviser Sandy Berger later claims that the FBI still repeatedly assures the Clinton White House that al-Qaeda lacks the ability to launch a domestic strike. [New York Times, 9/22/2002] He says, “Until the very end of our time in office, the view we received from the [FBI] was that al-Qaeda had limited capacity to operate in the US and any presence here was under surveillance.” No analysis is done before 9/11 to investigate just how big that presence might be. [Washington Post, 9/20/2002]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Sandy Berger, Central Intelligence Agency, Clinton administration

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

FBI agent Jack Cloonan, a member of the FBI’s I-49 bin Laden squad, will tell author Peter Lance after 9/11 that another FBI agent belonging to I-49 named Frank Pellegrino saw some of the surveillance photos taken of the al-Qaeda summit in Malaysia several months earlier (see January 5-8, 2000 and January 5-8, 2000 and Shortly After). Cloonan will say, “Pellegrino was in Kuala Lumpur,” the capital of Malaysia. “And the CIA chief of station said, ‘I’m not supposed to show these photographs, but here. Take a look at these photographs. Know any of these guys?’” But Pellegrino does not recognize them, as he is working to catch Khalid Shaikh Mohammed (KSM) and apparently is not involved in other cases. However, there have been numerous reports that KSM was at the summit (see January 5-8, 2000). Further, Lance will note that if Pellegrino could not identify KSM, he could have recognized Hambali, another attendee of the summit. Pellegrino was in the Philippines in 1995 and worked with local officials there as they interrogated Abdul Hakim Murad, one of the Bojinka bombers (see February-Early May 1995). During this time, Murad’s interrogators learned about Hambali’s involvement in a front company called Konsonjaya and passed the information on to US officials (see Spring 1995). Further, an FBI report from 1999 shows the FBI was aware of Hambali’s ties to Konsonjaya by that time (see May 23, 1999). [Lance, 2006, pp. 340-341]

Entity Tags: Peter Lance, Jack Cloonan, Abdul Hakim Murad, Frank Pellegrino, Hambali, I-49, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacaria Soubra.
Zacaria Soubra. [Source: Public domain]In early April 2000, Arizona FBI agent Ken Williams gets a tip that makes him suspicious that some flight students might be Islamic militants. Williams will begin an investigation based on this tip that will lead to his “Phoenix memo” warning about suspect Middle Easterners training in Arizona flight schools (see July 10, 2001) [New York Times, 6/19/2002] It appears that Lebanese flight school student Zacaria Soubra has been seen at a shooting range with Abu Mujahid, a white American Muslim who had fought in the Balkans and the Middle East. [Los Angeles Times, 10/28/2001; Arizona Monthly, 11/2004] Abu Mujahid appears to match Aukai Collins, a white American Muslim who had fought in the Balkans and the Middle East, who also goes by the name Abu Mujahid, and is an FBI informant spying on the Muslim community in the area at the time (see 1998). Collins also claims to have been the informant referred to in the Phoenix memo, which again suggests that Collins was the one at the shooting range with Soubra. [Salon, 10/17/2002] On April 7, Williams appears at Soubra’s apartment and interviews him. Soubra acts defiant, and tells Williams that he considers the US government and military legitimate targets of Islam. He has photographs of bin Laden on the walls. Williams runs a check on the license plate of Soubra’s car and discovers the car is actually owned by a suspected militant with explosives and car bomb training in Afghanistan who had been held for attempting to enter an airplane cockpit the year before (see November 1999-August 2001). [Graham and Nussbaum, 2004, pp. 43-44] On April 17, Williams starts a formal investigation into Soubra. [Arizona Republic, 7/24/2003] Williams will be reassigned to work on an arson case and will not be able to get back to work on the Soubra investigation until June 2001 (see April 2000-June 2001). He will release the Phoenix memo one month later. After 9/11, some US officials will suspect Soubra had ties to terrorism. For instance, in 2003, an unnamed official will claim, “Soubra was involved in terrorist-supporting activities, facilitating shelter and employment for people… involved with al-Qaeda.” For a time, he and hijacker Hani Hanjour attend the same mosque, though there is no evidence they ever meet. Soubra’s roommate at the time of Williams’ interview is Ghassan al-Sharbi. In 2002, al-Sharbi will be arrested in Pakistan with al-Qaeda leader Abu Zubaida. While Williams will focus on Soubra, al-Sharbi will also be a target of his memo. [Los Angeles Times, 1/24/2003] In 2004, Soubra will be deported to Lebanon after being held for two years. He will deny any connection to Hanjour or terrorism. [Arizona Republic, 5/2/2004] Sheikh Omar Bakri Mohammed, the leader of the British militant group Al-Muhajiroun, will later admit that Soubra was the leader of Al-Muhajiroun’s branch in Arizona. [Time, 5/27/2002]

Entity Tags: Hani Hanjour, Abu Zubaida, Federal Bureau of Investigation, Ken Williams, Sheikh Omar Bakri Mohammed, Zacaria Soubra

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hijacker Nawaf Alhazmi and one of his associates, Mohdar Abdullah, go to Los Angeles airport with hijacker Khalid Almihdhar, who is returning to the Middle East via Germany (see June 10, 2000). [9/11 Commission, 7/24/2004, pp. 222] Together with a third man, Alhazmi and Abdullah shoot videocamera footage there. They appear to be scouting out the airport and record secretly near the security area. The identity of the third man is not known, but he may be Khallam, an associate of Alhazmi and Almihdhar’s who they met the day before (see June 9, 2000). Al-Qaeda had plotted to bomb Los Angeles Airport not long before (see December 14, 1999). The tapes, which are not found until Abdullah is deported, will cause the FBI to re-start their investigation of him in 2006. [US District Court, Southern District of California, 10/29/2004 pdf file; MSNBC, 9/8/2006]

Entity Tags: Mohdar Abdullah, Federal Bureau of Investigation, Nawaf Alhazmi, Khallam

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FISA court judge Royce Lamberth was angry with the FBI over misleading statements made in FISA wiretap applications.FISA court judge Royce Lamberth was angry with the FBI over misleading statements made in FISA wiretap applications. [Source: Public domain]While monitoring foreign terrorists in the US, the FBI listens to calls made by suspects as a part of an operation called Catcher’s Mitt, which is curtailed at this time due to misleading statements by FBI agents. It is never revealed who the targets of the FBI’s surveillance are under this operation, but below are some of the terrorism suspects under investigation in the US at the time:
bullet Imran Mandhai, Shuyeb Mossa Jokhan and Adnan El Shukrijumah in Florida. They are plotting a series of attacks there, but Mandhai and Jokhan are brought in for questioning by the FBI and surveillance of them stops in late spring (see November 2000-Spring 2002 and May 2, 2001);
bullet Another Florida cell connected to Blind Sheikh Omar Abdul-Rahman. The FBI has been investigating it since 1993 (see (October 1993-November 2001));
bullet Al-Qaeda operatives in Denver (see March 2000);
bullet A Boston-based al-Qaeda cell involving Nabil al-Marabh and Raed Hijazi. Cell members provide funding to terrorists, fight abroad, and are involved in document forging (see January 2001, Spring 2001, and Early September 2001);
bullet Fourteen of the hijackers’ associates the FBI investigates before 9/11. The FBI is still investigating four of these people while the hijackers associate with them; [US Congress, 7/24/2003, pp. 169 pdf file]
bullet Hamas operatives such as Mohammed Salah in Chicago. Salah invests money in the US and sends it to the occupied territories to fund attacks (see June 9, 1998).
When problems are found with the applications for the wiretap warrants, an investigation is launched (see Summer-October 2000), and new requirements for warrant applications are put in place (see October 2000). From this time well into 2001, the FBI is forced to shut down wiretaps of al-Qaeda-related suspects connected to the 1998 US embassy bombings and Hamas (see March 2001 and April 2001). One source familiar with the case says that about 10 to 20 al-Qaeda related wiretaps have to be shut down and it becomes more difficult to get permission for new FISA wiretaps. Newsweek notes, “The effect [is] to stymie terror surveillance at exactly the moment it was needed most: requests from both Phoenix [with the Ken Williams memo (see July 10, 2001)] and Minneapolis [with Zacarias Moussaoui’s arrest] for wiretaps [will be] turned down [by FBI superiors],” (see August 21, 2001 and August 28, 2001). [Newsweek, 5/27/2002] Robert Wright is an FBI agent who led the Vulgar Betrayal investigation looking into allegations that Saudi businessman Yassin al-Qadi helped finance the embassy bombings, and other matters. In late 2002, he will claim to discover evidence that some of the FBI intelligence agents who stalled and obstructed his investigation were the same FBI agents who misrepresented the FISA petitions. [Judicial Watch, 9/11/2002]

Entity Tags: Royce Lamberth, Shuyeb Mossa Jokhan, Catcher’s Mitt, Robert G. Wright, Jr., Zacarias Moussaoui, Raed Hijazi, Mohammad Salah, Federal Bureau of Investigation, Al-Qaeda, Adnan Shukrijumah, Central Intelligence Agency, Nabil al-Marabh, Ken Williams, Imran Mandhai, Foreign Intelligence Surveillance Act

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Yoo, an associate law professor at the University of California at Berkeley, makes a presentation at a Cato Institute seminar on executive power. Yoo, who will go on to become one of the Bush administration’s primary advocates of unchecked executive power (see March 1996), accuses the Clinton administration of upending the Constitution to give the executive branch unwarranted authority (see March 24 - Mid-June, 1999). “[T]he Clinton administration has undermined the balance of powers that exist in foreign affairs, and [they] have undermined principles of democratic accountability that executive branches have agreed upon well to the Nixon administration,” he says. Regarding the Clinton administration’s stretched interpretation of the Anti-Ballistic Missile Treaty (see June 2000), Yoo says that the Clinton “legal arguments are so outrageous, they’re so incredible, that they actually show, I think, a disrespect for the idea of law, by showing how utterly manipulatible it is.” [Savage, 2007, pp. 67]

Entity Tags: Bush administration (43), John C. Yoo, Nixon administration, Clinton administration

Timeline Tags: Civil Liberties

The US intelligence community has been monitoring al-Qaeda telephone communications to and from a communications hub in Yemen since the late 1990s (see Late August 1998). The CIA intercepts an al-Qaeda operative say in a monitored phone call that bin Laden is planning a “Hiroshima-type event” against the US. Failed millennium bomber Ahmed Ressam, who is arrested in late 1999 (see December 14, 1999), confirms at the time that al-Qaeda is preparing such an attack. [New York Times, 10/14/2001; PBS, 10/3/2002] This sets off an immediate but unsuccessful search for further evidence. Shortly after 9/11, the New York Times will report that “intelligence officials now acknowledge that they never imagined that Mr. bin Laden’s organization had the ability to kill thousands of people in coordinated attacks on the American homeland. Looking back through the prism of Sept. 11, officials now say that the intercepted message was a telling sign of a drastic shift in the ambitions and global reach of al-Qaeda during the last three years.” [New York Times, 10/14/2001] There apparently is another intercepted message talking about a “Hiroshima” event in the summer of 2001 (see Summer 2001).

Entity Tags: Al-Qaeda, Ahmed Ressam, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At the trial of al-Qaeda operatives accused of participating in the 1998 US African embassy bombings, it is disclosed that an unnamed al-Qaeda operative had requested information about air traffic control procedures. This information is provided to the FBI by a co-operating witness, L’Houssaine Kherchtou (see Summer 2000), and is mentioned by prosecutor Patrick Fitzgerald, who says that Kherchtou “observed an Egyptian person who was not a pilot debriefing a friend of his, Ihab Ali [Nawawi], about how air traffic control works and what people say over the air traffic control system, and it was his belief that there might have been a plan to send a pilot to Saudi Arabia or someone familiar with that to monitor the air traffic communications so they could possibly attack an airplane.” Nawawi is a Florida-based al-Qaeda operative and pilot who is arrested in 1999 (see May 18, 1999). The identity of the Egyptian is not disclosed, although both Kherchtou and Nawawi are associates of former Egyptian army officer Ali Mohamed, who used Kherchtou’s apartment to plot the Nairobi embassy bombing (see Late 1993-Late 1994 and January 1998). [United States of America v. Usama bin Laden, et al., Day 8, 2/21/2001] Mohamed also conducted surveillance of airports in the early 1980s with a view to hijacking an airliner, and subsequently worked as a security adviser to Egyptair, where he had access to the latest anti-hijacking measures. [Lance, 2006, pp. 11-12] Jack Cloonan, one of the FBI agents who debriefed Kherchtou, will later receive the Phoenix Memo (see July 27, 2001 or Shortly After), which states that an inordinate amount of bin Laden-related individuals are learning to fly in the US (see July 10, 2001). [American Prospect, 6/19/2005] However, he will not apparently make the connection between the memo’s premise and the information from Kherchtou.

Entity Tags: Patrick J. Fitzgerald, L’Houssaine Kherchtou, Federal Bureau of Investigation, Jack Cloonan

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

Hani Hanjour, from a 2000 US visa application.
Hani Hanjour, from a 2000 US visa application. [Source: 9/11 Commission]In January 2001, the Arizona flight school JetTech alerts the FAA about hijacker Hani Hanjour. No one at the school suspects Hanjour of terrorist intent, but they tell the FAA he lacks both the English and flying skills necessary for the commercial pilot’s license he has already obtained. For instance, he had taken classes at the University of Arizona but failed his English classes with a 0.26 grade point average. A JetTech flight school manager “couldn’t believe he had a commercial license of any kind with the skills that he had.” A former employee says, “I’m still to this day amazed that he could have flown into the Pentagon. He could not fly at all.” They also note he is an exceptionally poor student who does not seem to care about passing his courses. [New York Times, 5/4/2002; CBS News, 5/10/2002] An FAA official named John Anthony actually sits next to Hanjour in class and observes his skills. He suggests the use of a translator to help Hanjour pass, but the flight school points out that goes “against the rules that require a pilot to be able to write and speak English fluently before they even get their license.” [Associated Press, 5/10/2002] The FAA verifies that Hanjour’s 1999 pilot’s license is legitimate (see April 15, 1999), but takes no other action. However, his license should have been rejected because it had already expired in late 1999 when he failed to take a manadatory medical test. [Associated Press, 9/15/2001; CBS News, 5/10/2002] An Arizona FAA inspector later says, “There should have been a stop right then and there.” He will claim that federal law would have required Hanjour to be re-examined. [Associated Press, 6/13/2002] In February, Hanjour begins advanced simulator training, “a far more complicated task than he had faced in earning a commercial license.” [New York Times, 6/19/2002] The flight school again alerts the FAA about this and gives a total of five alerts about Hanjour, but no further action on him is taken. The FBI is not told about Hanjour. [CBS News, 5/10/2002] Ironically, in July 2001, Arizona FBI agent Ken Williams will recommend in a memo that the FBI liaison with local flight schools and keep track of suspicious activity by Middle Eastern students (see July 10, 2001).

Entity Tags: Federal Aviation Administration, Federal Bureau of Investigation, John Anthony, Pentagon, Hani Hanjour, JetTech

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Abu Doha, a key figure in al-Qaeda’s European network, is arrested at Heathrow airport in London. He is attempting to board a plane for Saudi Arabia, but several false passports are found in his hand luggage. A search of his London flat reveals passport photographs depicting him in various disguises, 20 credit cards, a telescopic rifle sight, and what police describe as terrorism paraphernalia. He is found to be involved in various plots around the world, including a section of the Millennium Plot that comprised a bombing of Los Angeles airport (see December 14, 1999), so the US soon asks for his extradition. He is also later said to have worked on plots to bomb the US, British, and Australian embassies in Singapore in December 2001, a planned attack on the Paris-Dakar rally in January 2000, a plot to attack the 1998 World Cup in France (see Late 1997-Early 1998), and other attacks. Abu Doha was close to Abu Hamza al-Masri, an informer for British intelligence (see Early 1997 and May 1999). Abu Doha’s deputy, Rabah Kadre, is also arrested. Although he has been under surveillance by British authorities since 1998 (see 1998), he is released, apparently because British authorities think they have insufficient evidence against him. He will later leave Britain, but be arrested following his re-entry (see November 2002). The British intelligence service MI5 will later say that Kadre is “Abu Doha’s successor” as a leader of the Europe-wide network. [O'Neill and McGrory, 2006, pp. 117-118, 240]

Entity Tags: UK Security Service (MI5), Abu Doha, Rabah Kadre

Timeline Tags: Complete 911 Timeline

After being convicted for his part in al-Qaeda’s failed millennium attacks (see December 14, 1999), Ahmed Ressam tells US authorities that London-based radical cleric Abu Hamza al-Masri is an important figure in al-Qaeda. Ressam says that he heard many stories about Abu Hamza when he was in Afghanistan and that Abu Hamza has the power to refer recruits to other senior al-Qaeda figures. [O'Neill and McGrory, 2006, pp. 28] Abu Hamza already has a relationship with British security services (see Early 1997).

Entity Tags: Al-Qaeda, Ahmed Ressam, Abu Hamza al-Masri

Timeline Tags: Complete 911 Timeline

Binyam Mohamed, a 23-year old Muslim of Ethiopian descent residing in London, flies to Pakistan to experience Islam in its “purest form” as practiced by the Taliban. Mohamed, who was abandoned by his family in London when he was 15, is a former heroin addict and desultory college student who turned to the local mosque as a way to avoid his drug-using friends. He will later claim, “I really had no idea what it was” that the Taliban espoused; he goes to Afghanistan on the advice of some in the mosque. After arriving in Pakistan, he sneaks into Afghanistan in the back of a truck. He will later say that he learns about the Muslim rebels in Chechnya from sympathizers in Jalalabad, and determines to aid the Muslim cause, but, he claims, as an aid worker, not a terrorist or Taliban fighter. Yet he agrees to undergo basic training in Afghanistan for fighters. He will later say: “I was told that the Russians don’t separate between aid workers and those doing the fighting, and that if I wanted to go to Chechnya, I needed basic training. I was so young, I didn’t question it. I didn’t expect to fire a gun except in training, let alone kill someone.… I would never have taken up arms against British or American soldiers, let alone attacked civilians. I wanted to protect civilians, not kill them.” He completes a 45-day “boot camp” course, where, he will later say, he learned nothing to do with terrorism, such as bomb-making techniques. But instead of traveling to Chechnya, he goes to Kabul, where he contracts malaria. He is in the hospital when he learns of the 9/11 attacks. He thinks Afghanistan will soon be under attack from Western forces, and, he will later say, decides to leave for London before the fighting can start (see September 2001 - April 9, 2002). “All I wanted to do was to get back to London, to the country that I thought of as home, to continue my education and find a job; to get back to my life, minus the drugs,” he will say. [Daily Mail, 3/8/2009]

Entity Tags: Binyam Mohamed

Timeline Tags: Torture of US Captives

Ahmed Ressam as pictured in his Canadian passport.Ahmed Ressam as pictured in his Canadian passport. [Source: FBI]Ahmed Ressam is convicted in the spring of 2001 for attempting to bomb the Los Angeles International Airport (see December 14, 1999). Facing the likelihood of life in prison, he starts cooperating with authorities in an attempt to reduce his sentence. On this day, he details his experiences in al-Qaeda training camps and his many dealings with top al-Qaeda deputy Abu Zubaida. According to FBI notes from Ressam’s interrogation, Zubaida asked Ressam to send him six original Canadian passports to help Zubaida “get people to America” (see May 2001 and May 2001). Zubaida “wanted an operation in the US” and talked about the need to get explosives into the US for this operation, but Ressam makes it clear this was a separate plot from the one he was involved with. Notes from this day further explain that Ressam doesn’t know if any explosives made it into the US because once an operation is initiated, operators are not supposed to talk about it to anyone. [Calgary Herald, 4/3/2002; Newsweek, 4/28/2005] Zubaida told this to Ressam in 1999, but also indicated that he is willing to wait a year or more to make sure the plot comes to fruition successfully. [Tenet, 2007, pp. 146]
Similarity to 9/11 Attacks - There’s no concrete evidence that Ressam knows any detail of the 9/11 attacks. [Newsweek, 4/28/2005] However, Fox News will later report that roughly around this time Ressam testifies “that attack plans, including hijackings and attacks on New York City targets, [are] ongoing.” [Fox News, 5/17/2002] Questioned shortly after 9/11, Ressam will point out that given what he’s already told his US interrogators, the 9/11 attacks should not be surprising. He notes that he’d described how Zubaida talked “generally of big operations in [the] US with big impact, needing great preparation, great perseverance, and willingness to die.” Ressam had told of “plans to get people hired at airports, of blowing up airports, and airplanes.” [Newsweek, 4/28/2005]
Sharing the Warning - The CIA learns of this warning in June. [Tenet, 2007, pp. 146] Ressam will repeat some of this in a public trial in July (see July 8, 2001). Apparently, the FBI also waits until July to share the information from this debriefing with most other intelligence agencies, the INS, Customs Service, and the State Department. Ressam’s warnings will first be mentioned to Bush in his now famous August 6, 2001 briefing (see August 6, 2001), but as Newsweek will note, “The information from Ressam that was contained in [Bush’s] PDB [is] watered down and seem[s] far more bland than what the Algerian terrorist was actually telling the FBI.” Zubaida’s second plot will be boiled down to one sentence in the PDB: “Ressam also said that in 1998 Abu Zubaida was planning his own US attack.” [Newsweek, 4/28/2005]

Entity Tags: George W. Bush, Ahmed Ressam, Los Angeles International Airport, Federal Bureau of Investigation, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hani Hanjour.Hani Hanjour. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]While most evidence places future 9/11 hijacker Hani Hanjour on the East Coast in the summer of 2001, Hanjour may undergo some flight training in Phoenix, Arizona, as well. Hanjour trained at the Sawyer School of Aviation previously (see 1998), and there is some evidence he returns there. One school document records Hanjour’s name for use of a flight simulator on June 23, 2001, though his name does not appear on payment records. Faisal al-Salmi, Rayed Abdullah, and Lotfi Raissi also use the flight simulator this day. Al-Salmi will later be convicted of lying about his associations with Hanjour (see February 15, 2002). Abdullah had moved with Hanjour from Florida in 1997, and is known for giving extremist speeches at a Phoenix mosque (see October 1996-Late April 1999). Raissi will later be suspected of involvement in the 9/11 plot, then cleared (see September 21, 2001). There are also indications that Hanjour signs up to use a flight simulator in August with three other Muslim men, including al-Salmi. One Sawyer employee is fairly certain she sees Hanjour during the summer. Another witness sees Hanjour with al-Salmi elsewhere in Phoenix. The 9/11 Commission will note that the evidence of Hanjour training in Phoenix during the summer is not definitive, but “the FBI’s Phoenix office believes it is plausible that Hanjour return[s] to Arizona for additional training.” [New York Times, 5/24/2002; 9/11 Commission, 7/24/2004, pp. 529] On July 10, 2001, Phoenix FBI agent Ken Williams sends a memorandum to FBI headquarters urging a nationwide check on Middle Eastern students at flight schools (see July 10, 2001), but apparently neither Williams nor anyone else actually conducts any kind of check on Phoenix flight schools at this time (see July 10-September 11, 2001).

Entity Tags: Sawyer School of Aviation, Rayed Abdullah, Lotfi Raissi, Faisal al-Salmi, Hani Hanjour, 9/11 Commission, Federal Bureau of Investigation, Ken Williams

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On June 3, 2001, a British newspaper reveals that Hamid Aich, who is on the FBI’s international wanted list, is living in Dublin where he is applying for asylum. [Mirror, 2/18/2001; News of the World, 6/3/2001] Irish intelligence has been monitoring Aich’s movements since 1997, when authorities tied him to the mass murder of 77 tourists in Luxor, Egypt (see November 18, 1997). [Mirror, 10/17/2001; Daily Telegraph, 11/8/2001] He has since been linked to a number of militant groups (see, e.g., December 14, 1999). It is believed that between 1999 and 2001, Aich assisted 22 Islamic terrorist organizations, and even funded non-Islamic groups, for instance giving $200,000 to the ETA, a separatist group in the Basque region of Spain. Aich was also the director of Mercy International’s Ireland branch. (This charity has several known al-Qaeda connections by this time (see 1988-Spring 1995 and Late 1996-August 20, 1998).) Despite these connections, he will continue to live openly in Dublin after the newspaper discloses his location. [Mirror, 9/17/2001] Irish authorities only publicly say, “Aich’s case is at a very delicate stage.” [News of the World, 6/3/2001] Then, on July 24, he leaves Ireland using a false passport. The FBI, which took no action against him while he was living in Dublin, is reportedly “furious” with Irish police for allowing him to escape. He has not been heard of since, and he has not been included in any known lists of wanted al-Qaeda leaders. It is believed that Aich eventually ends up in Afghanistan. After 9/11, Aich will be described as “one of the FBI’s chief targets” and “one of bin Laden’s most trusted men” who ranks seventh in al-Qaeda’s hierarchy. [Mirror, 9/17/2001]

Entity Tags: Hamid Aich, Zacarias Moussaoui, Federal Bureau of Investigation, Mercy International, Al-Qaeda, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

John Miller.John Miller. [Source: FBI]ABC News reporter John Miller gives a speech in which he discusses the growing indications that al-Qaeda leader Osama bin Laden has plans to carry out an attack in the United States. Miller gives his speech at the annual conference of the International Association of Bomb Technicians and Investigators. [Miller, Stone, and Mitchell, 2002, pp. 286-287] The conference, held in Albuquerque, New Mexico, from June 24 to June 30, is attended by around 700 law enforcement officers from around the world. [Sandia LabNews, 6/15/2001] Miller will later explain some of the thinking behind his claim that bin Laden could be planning an attack in the US. “At that time,” he will write, “US authorities were divided over where bin Laden would strike next. Most officials believed that he was aiming at ‘soft’ US targets overseas, based on his past actions and electronic phone intercepts of al-Qaeda members around the world.” Other officials, though, taking into account al-Qaeda operative Ahmed Ressam’s failed plot to blow up Los Angeles International Airport on December 31, 1999 (see December 14, 1999), believe his next attack will take place on US soil. Miller will write that a “spike in phone traffic among suspected al-Qaeda members in the early part of the summer, as well as debriefings of Ressam,” have convinced investigators that bin Laden is planning “a significant operation” and he is “planning it soon.” Furthermore, he will comment, “[N]o one working on the problem seemed to doubt bin Laden’s intentions to target Americans.” [Miller, Stone, and Mitchell, 2002, pp. 287] Miller has been a correspondent for ABC News, with a primary focus on terrorism, since 1995. Notably, he interviewed bin Laden in Afghanistan in May 1998 (see May 28, 1998). Before joining ABC News, he spent many years as a television crime reporter in New York, and between 1994 and 1995 served as deputy police commissioner of New York City. [ABC News, 5/28/1998; Cincinnati Enquirer, 1/16/2002; Federal Bureau of Investigation, 8/23/2005; Hollywood Reporter, 10/17/2011]

Entity Tags: John Miller, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 2002, Newsweek will report: “The White House acknowledged for the first time, [President] Bush was privately beginning to worry about the stream of terror warnings he was hearing that summer, most of them aimed at US targets abroad. On July 5, five days before the Phoenix memo (see July 10, 2001), Bush directed [Condoleezza] Rice to figure out what was going on domestically.” [Newsweek, 5/27/2002] In 2004, President Bush will explain why he requested this: “[T]he reason I did is because there had been a lot of threat intelligence from overseas. And part of it had to do with the Genoa [Italy] G8 conference that I was going to attend.” [US President, 4/19/2004] Though he does not mention it, the chief security concern at the late July 2001 conference he mentions is intelligence that al-Qaeda plans to fly an airplane into the conference. This threat is so widely reported before the conference (with some reports before July 5 (see June 13, 2001 and Mid-July 2001) that the attack is called off (see July 20-22, 2001). For instance, in late June, Time magazine mentioned a German intelligence report of an Osama bin Laden plot “to fly remote-controlled model aircraft packed with Semtex into the conference hall and blow the leaders of the industrialized world to smithereens” (see June 20, 2001). Bush will later claim that this request is specifically for the later-famous August 6, 2001 briefing entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001), although the CIA analysts who draft it will deny this (see July 13, 2004). [US President, 4/19/2004]

Entity Tags: Osama bin Laden, Condoleezza Rice, George W. Bush, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On July 5, 2001, counterterrorism “tsar” Richard Clarke gave a dramatic briefing to representatives from several domestic agencies on the urgent al-Qaeda threat (see July 5, 2001). However, the warnings given generally are not passed on by the attendees back to their respective agencies. The domestic agencies were not questioned about how they planned to address the threat and were not told what was expected of them. According to the 9/11 Commission, attendees later “report that they were told not to disseminate the threat information they received at the meeting. They interpreted this direction to mean that although they could brief their superiors, they could not send out advisories to the field.” One National Security Council official has a different recollection of what happened, recalling that attendees were asked to take the information back to their agencies and “do what you can” with it, subject to classification and distribution restrictions. But, for whatever reason, none of the involved agencies post internal warnings based on the meeting, except for Customs which puts out a general warning based entirely on publicly known historical facts. [9/11 Commission, 7/24/2004, pp. 258, 264] The FAA issues general and routine threat advisories that don’t reflect the level of urgency expressed by Clarke and others (see January-August 2001). FAA Administrator Jane Garvey later claims she was unaware of a heightened threat level, but in 2005 it will be revealed that about half of the FAA’s daily briefings during this time period referred to bin Laden or al-Qaeda (see April 1, 2001-September 10, 2001). [New York Times, 4/18/2004] Clarke said rhetorically in the meeting that he wants to know if a sparrow has fallen from a tree. A senior FBI official attended the meeting and promised a redoubling of the FBI’s efforts. However, just five days after Clarke’s meeting, FBI agent Ken Williams sends off his memo speculating that al-Qaeda may be training operatives as pilots in the US (see July 10, 2001), yet the FBI fails to share this information with Clarke or any other agency. [Washington Post, 5/17/2002; Clarke, 2004, pp. 236-37] The FBI will also fail to tell Clarke about the arrest of Zacarias Moussaoui (see August 16, 2001), or what they know about Nawaf Alhazmi and Khalid Almihdhar (see August 23, 2001).

Entity Tags: Federal Bureau of Investigation, Federal Aviation Administration, Zacarias Moussaoui, US Customs Service, Nawaf Alhazmi, Al-Qaeda, Counterterrorism and Security Group, George J. Tenet, Condoleezza Rice, Andrew Card, Ken Williams, Richard A. Clarke, Khalid Almihdhar, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI agent Ken Williams.FBI agent Ken Williams. [Source: FBI]Phoenix, Arizona, FBI agent Ken Williams sends a memorandum warning about suspicious activities involving a group of Middle Eastern men taking flight training lessons in Arizona. The memo is titled: “Zakaria Mustapha Soubra; IT-OTHER (Islamic Army of the Caucasus),” because it focuses on Zakaria Soubra, a Lebanese flight student in Prescott, Arizona, and his connection with a terror group in Chechnya that has ties to al-Qaeda. It is subtitled: “Osama bin Laden and Al-Muhjiroun supporters attending civil aviation universities/colleges in Arizona.” [Fortune, 5/22/2002; Arizona Republic, 7/24/2003] Williams’ memo is based on an investigation of Sorba that Williams had begun in 2000 (see April 2000), but he had trouble pursuing because of the low priority the Arizona FBI office gave terror investigations (see April 2000-June 2001). Additionally, Williams had been alerted to suspicions about radical militants and aircraft at least three other times (see October 1996; 1998; November 1999-August 2001). In the memo, Williams does the following:
bullet Names nine other suspect students from Pakistan, India, Kenya, Algeria, the United Arab Emirates, and Saudi Arabia. [Die Zeit (Hamburg), 10/1/2002] Hijacker Hani Hanjour, attending flight school in Arizona in early 2001 and probably continuing into the summer of 2001 (see Summer 2001), is not one of the students, but, as explained below, it seems two of the students know him. [US Congress, 7/24/2003, pp. 135 pdf file; Washington Post, 7/25/2003]
bullet Notes that he interviewed some of these students, and heard some of them make hostile comments about the US. Additionally, he noticed that they were suspiciously well informed about security measures at US airports. [Die Zeit (Hamburg), 10/1/2002]
bullet Notes an increasing, “inordinate number of individuals of investigative interest” taking flight lessons in Arizona. [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file]
bullet Suspects that some of the ten people he has investigated are connected to al-Qaeda. [US Congress, 7/24/2003, pp. 135 pdf file] One person on the list, Ghassan al Sharbi, will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). Al Sharbi attended a flight school in Prescott, Arizona. He also apparently attended the training camps in Afghanistan and swore loyalty to bin Laden in the summer of 2001. He apparently knows Hani Hanjour in Arizona (see October 1996-Late April 1999). He also is the roommate of Soubra, the main target of the memo. [Los Angeles Times, 1/24/2003; 9/11 Commission, 7/24/2004, pp. 521]
bullet Discovers that one of them was communicating through an intermediary with Abu Zubaida. This apparently is a reference to Hamed al Sulami, who had been telephoning a Saudi imam known to be Zubaida’s spiritual advisor. Al Sulami is an acquaintance of Hanjour in Arizona (see October 1996-Late April 1999). [Mercury News (San Jose), 5/23/2002; 9/11 Commission, 7/24/2004, pp. 520-521, 529]
bullet Discusses connections between several of the students and a radical group called Al-Muhajiroun. [Mercury News (San Jose), 5/23/2002] This group supported bin Laden, and issued a fatwa, or call to arms, that included airports on a list of acceptable terror targets. [Associated Press, 5/22/2002] Soubra, the main focus of the memo, is a member of Al-Muhajiroun and an outspoken radical. He met with Sheikh Omar Bakri Mohammed, the leader of Al-Muhajiroun in Britain, and started an Arizona chapter of the organization. After 9/11, some US officials will suspect that Soubra has ties to al-Qaeda and other terrorist groups. He will be held two years, then deported to Lebanon in 2004. [Los Angeles Times, 10/28/2001; Los Angeles Times, 1/24/2003; Arizona Republic, 5/2/2004; Arizona Monthly, 11/2004] Though Williams doesn’t include it in his memo, in the summer of 1998, Bakri publicized a fax sent by bin Laden to him that listed al-Qaeda’s four objectives in fighting the US. The first objective was “bring down their airliners.” (see Summer 1998). [Los Angeles Times, 10/28/2001]
bullet Warns of a possible “effort by Osama bin Laden to send students to the US to attend civil aviation universities and colleges” [Fortune, 5/22/2002] , so they can later hijack aircraft. [Die Zeit (Hamburg), 10/1/2002]
bullet Recommends that the “FBI should accumulate a listing of civil aviation universities and colleges around the country. FBI field offices with these types of schools in their area should establish appropriate liaison. FBI [headquarters] should discuss this matter with other elements of the US intelligence community and task the community for any information that supports Phoenix’s suspicions.” [Arizona Republic, 7/24/2003] (The FBI has already done this, but because of poor FBI communications, Williams is not aware of the report.)
bullet Recommends that the FBI ask the State Department to provide visa data on flight school students from Middle Eastern countries, which will facilitate FBI tracking efforts. [New York Times, 5/4/2002]
The memo is addressed to the following FBI Agents:
bullet Dave Frasca, chief of the Radical Fundamentalist Unit (RFU) at FBI headquarters;
bullet Elizabeth Harvey Matson, Mark Connor and Fred Stremmel, Intelligence Operations Specialists in the RFU;
bullet Rod Middleton, acting chief of the Usama bin Laden Unit (UBLU);
bullet Jennifer Maitner, an Intelligence Operations Specialist in the UBLU;
bullet Jack Cloonan, an agent on the New York FBI’s bin Laden unit, the I-49 squad; (see January 1996 and Spring 2000).
bullet Michael S. Butsch, an agent on another New York FBI squad dealing with other Sunni terrorists. [Federal Bureau of Investigation, 7/10/2001 pdf file; US Congress, 7/24/2003, pp. 135 pdf file]
However, the memo is not uploaded into the FBI’s information system until the end of the month and is apparently not received by all these people (see July 27, 2001 and after). Williams also shares some concerns with the CIA (see (July 27, 2001)). [Mercury News (San Jose), 5/23/2002] One anonymous government official who has seen the memo says, “This was as actionable a memo as could have been written by anyone.” [Insight, 5/27/2002] However, the memo is merely marked “routine,” rather than “urgent.” It is generally ignored, not shared with other FBI offices, and the recommendations are not taken. One colleague in New York replies at the time that the memo is “speculative and not very significant.” [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file] Williams is unaware of many FBI investigations and leads that could have given weight to his memo. Authorities later claim that Williams was only pursuing a hunch, but one familiar with classified information says, “This was not a vague hunch. He was doing a case on these guys.” [Mercury News (San Jose), 5/23/2002]

Entity Tags: Jennifer Maitner, Federal Bureau of Investigation, Fred Stremmel, Ghassan al Sharbi, Hani Hanjour, I-49, Jack Cloonan, Elizabeth Matson, Islamic Army of the Caucasus, David Frasca, Michael Butsch, Al-Muhajiroun, Zakaria Mustapha Soubra, Sheikh Omar Bakri Mohammed, Al-Qaeda, Rod Middleton, Osama bin Laden, Radical Fundamentalist Unit, Mark Connor, Ken Williams, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI headquarters.FBI headquarters. [Source: GlobeXplorer]FBI headquarters receives the Phoenix Memo, but does not act on it. The memo was drafted by Arizona FBI agent Ken Williams and warns that a large number of Islamic extremists are learning to fly in the US. It is dated 17 days earlier, but is not uploaded until this date (see July 10, 2001). Although the memo is addressed to eight specific agents, it is apparently not received by all of them. The Justice Department’s Office of Inspector General will later say that the memo was not delivered directly to the addressees, but uploaded to a central dispatching point, from where it was assigned to Radical Fundamentalist Unit agent Elizabeth Matson on July 30. Before sending the memo, Williams called both Matson and her colleague Fred Stremmel to talk to them about it. Matson pulls up the memo, which has “routine” precedence, and prints and reads it. However, she thinks it should go to the bin Laden unit. A week later she discusses the matter with bin Laden unit agent Jennifer Maitner and they agree that Maitner will do some research and then they will talk again. Matson will later tell the Office of Inspector General she may have mentioned the memo to her superior, but is not sure. Her superior will say he was not consulted. Maitner discusses the memo with bin Laden unit chief Rod Middleton and also sends it to the FBI’s Portland, Oregon, field office, which was previously interested in one of the men named in the memo. However, she does not do anything else with it before 9/11, apparently due to her high workload. The FBI will later acknowledge the memo did not receive the sufficient or timely analysis that it deserved. [US Department of Justice, 11/2004, pp. 65-77, 80 pdf file] The memo is also seen by the FBI’s New York field office (see July 27, 2001 or Shortly After), another RFU agent researching the Moussaoui case (see August 22, 2001) and possibly the CIA’s bin Laden unit (see (July 27, 2001)).

Entity Tags: Rod Middleton, Ken Williams, Radical Fundamentalist Unit, Fred Stremmel, FBI Headquarters, Elizabeth Matson, FBI Portland field office, Jennifer Maitner

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s New York field office, which specializes in international terrorism, receives Ken Williams’ Phoenix Memo, but only briefly checks the named radicals and does not respond to Williams. In the memo, Williams noted that there is a suspiciously large number of Islamic extremists learning to fly in Arizona. Some of them will turn out to be connected to 9/11 hijacker Hani Hanjour (see July 10, 2001). Williams sent the memo to FBI headquarters (see July 27, 2001 and after) and the I-49 squad in the New York FBI field office. In New York, the memo is read by FBI agent Jack Cloonan, a member of the I-49 squad. Cloonan believes that the memo has a “glaring deficiency,” as he thinks bin Laden does not have a support operation in Arizona any more. He forms the opinion that William’s theory and conclusions are “faulty.” However, two of the hijackers were in Arizona in early 2001 (see December 12, 2000-March 2001) and some of the people named in the memo will later be linked to bin Laden (see October 1996-Late April 1999). In August 2001, Cloonan will ask, “Who’s going to conduct the thirty thousand interviews? When the f_ck do we have time for this?” Nonetheless, he checks out the eight names mentioned in the memo. He will apparently find nothing, although several individuals associated with the Phoenix cell are Sunni extremists (see November 1999-August 2001). The memo is also read by an analyst and an auditor in New York while they are researching other matters, and Cloonan will tell the Justice Department’s Office of Inspector General (OIG) he may have discussed the memo with some of his colleagues. The OIG’s report will say Cloonan told investigators that “he did not contact Williams or anyone else in Phoenix to discuss the [memo].” However, in a 2006 book author Lawrence Wright, citing an interview with Cloonan, will say that Cloonan spoke to Williams’ supervisor in Phoenix about it. [US Department of Justice, 11/2004, pp. 77-9 pdf file; Wright, 2006, pp. 350, 426] The I-49 squad possibly forwards the memo to the Alec Station bin Laden unit at the CIA’s Counterterrorist Center (see (July 27, 2001)).

Entity Tags: I-49, Office of the Inspector General (DOJ), Jack Cloonan, Ken Williams

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA officers who draft a presidential daily briefing (PDB) item given to George Bush on August 6 (see August 6, 2001) ask an FBI agent for additional information and also to review a draft of the memo, but she does not provide all the additional information she could. The 9/11 Commission will refer to the FBI agent as “Jen M,” so she is presumably Jennifer Maitner, an agent with the Osama bin Laden unit at FBI headquarters. The purpose of the memo is to communicate to the president the intelligence community’s view that the threat of attacks by bin Laden is both current and serious. But Maitner fails to add some important information that she has: around the end of July, she was informed of the Phoenix memo, which suggests that an inordinate number of bin Laden-related Arabs are taking flying lessons in the US (see July 10, 2001). She does not link this to the portion of the memo discussing aircraft hijackings. Responsibility for dealing with the Phoenix memo is formally transferred to her on August 7, when she reads the full text. The finished PDB item discusses the possibility bin Laden operatives may hijack an airliner and says that there are “patterns of suspicious activity in this country consistent with preparations for hijackings.” It is unclear whether the draft PDB item Maitner reviews contains this information. However, if it does, it apparently does not inspire her to take any significant action on the memo before 9/11, such as contacting the agents in Phoenix to notify them of the preparations for hijackings (see July 27, 2001 and after). The PDB will contain an error, saying that the FBI was conducting 70 full field investigations of bin Laden-related individuals (see August 6, 2001), but this error is added after Maitner reviews the draft, so she does not have the opportunity to remove it. [9/11 Commission, 7/24/2004, pp. 260-2, 535; US Department of Justice, 11/2004, pp. 69-77 pdf file]

Entity Tags: Central Intelligence Agency, FBI Headquarters, Federal Bureau of Investigation, Usama bin Laden Unit (FBI), Jennifer Maitner

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings.President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings. [Source: White House]President Bush receives a classified presidential daily briefing (PDB) at his Crawford, Texas ranch indicating that Osama bin Laden might be planning to hijack commercial airliners. The PDB provided to him is entitled, “Bin Laden Determined to Strike in US.” The entire briefing focuses on the possibility of terrorist attacks inside the US. [New York Times, 5/15/2002; Newsweek, 5/27/2002] The analysts who drafted the briefing will say that they drafted it on the CIA’s initiative (see July 13, 2004), whereas in 2004 Bush will state that he requested a briefing on the topic due to threats relating to a conference in Genoa, Italy, in July 2001, where Western intelligence agencies believed Osama bin Laden was involved in a plot to crash an airplane into a building to kill Bush and other leaders (see April 13, 2004). The analysts will later explain that they saw it as an opportunity to convey that the threat of an al-Qaeda attack in the US was both current and serious. [9/11 Commission, 7/24/2004, pp. 260] The existence of this briefing is kept secret, until it is leaked in May 2002, causing a storm of controversy (see May 15, 2002). While National Security Adviser Condoleezza Rice will claim the memo is only one and a half pages long, other accounts state it is 11 1/2 pages instead of the usual two or three. [New York Times, 5/15/2002; Newsweek, 5/27/2002; Die Zeit (Hamburg), 10/1/2002] A page and a half of the contents will be released on April 10, 2004; this reportedly is the full content of the briefing. [Washington Post, 4/10/2004] The briefing, as released, states as follows (note that the spelling of certain words are corrected and links have been added):
bullet Clandestine, foreign government, and media reports indicate bin Laden since 1997 has wanted to conduct terrorist attacks in the US (see December 1, 1998). Bin Laden implied in US television interviews in 1997 and 1998 that his followers would follow the example of World Trade Center bomber Ramzi Yousef and “bring the fighting to America” (see May 26, 1998).
bullet After US missile strikes on his base in Afghanistan in 1998, bin Laden told followers he wanted to retaliate in Washington, according to a -REDACTED-service (see December 21, 1998).
bullet An Egyptian Islamic Jihad (EIJ) operative told -REDACTED- service at the same time that bin Laden was planning to exploit the operative’s access to the US to mount a terrorist strike.
bullet The millennium plotting in Canada in 1999 may have been part of bin Laden’s first serious attempt to implement a terrorist strike in the US. Convicted plotter Ahmed Ressam has told the FBI that he conceived the idea to attack Los Angeles International Airport himself (see December 14, 1999), but that bin Laden lieutenant Abu Zubaida encouraged him and helped facilitate the operation. Ressam also said that in 1998 Abu Zubaida was planning his own US attack (see Late March-Early April 2001 and May 30, 2001).
bullet Ressam says bin Laden was aware of the Los Angeles operation.
bullet Although bin Laden has not succeeded, his attacks against the US Embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998) demonstrate that he prepares operations years in advance and is not deterred by setbacks. Bin Laden associates surveyed our embassies in Nairobi and Dar es Salaam as early as 1993 (see Late 1993-Late 1994), and some members of the Nairobi cell planning the bombings were arrested and deported in 1997.
bullet Al-Qaeda members—including some who are US citizens—have resided in or traveled to the US for years, and the group apparently maintains a support structure that could aid attacks (see January 25, 2001). Two al-Qaeda members found guilty in the conspiracy to bomb our embassies in East Africa were US citizens (see September 15, 1998), and a senior EIJ member lived in California in the mid-1990s (see November 1989 and September 10, 1998).
bullet A clandestine source said in 1998 that a bin Laden cell in New York was recruiting Muslim-American youth for attacks (see October-November 1998).
bullet “We have not been able to corroborate some of the more sensational threat reporting, such as that from a [REDACTED] service in 1998 saying that bin Laden wanted to hijack a US aircraft to gain the release of ‘Blind Sheikh’ Omar Abdul-Rahman and other US-held extremists” (see 1998, December 4, 1998, and May 23, 2001). [9/11 Commission, 7/24/2004, pp. 223] According to the Washington Post, this information came from a British service. [Washington Post, 5/18/2002]
bullet Nevertheless, FBI information since that time indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York (see May 30, 2001).
bullet The FBI is conducting approximately 70 full-field investigations throughout the US that it considers bin Laden-related (see August 6, 2001). CIA and the FBI are investigating a call to our embassy in the UAE in May saying that a group or bin Laden supporters was in the US planning attacks with explosives (see May 16-17, 2001). [9/11 Commission, 7/24/2004, pp. 223]
In retrospect, the briefing is remarkable for the many warnings that apparently are not included (see for instance, from the summer of 2001 prior to August alone: May 2001, June 2001, June 12, 2001, June 19, 2001, Late Summer 2001, July 2001, July 16, 2001, Late July 2001, Late July 2001, Summer 2001, June 30-July 1, 2001, July 10, 2001, and Early August 2001). According to one account, after the PDB has been given to him, Bush tells the CIA briefer, “You’ve covered your ass now” (see August 6, 2001). Incredibly, the New York Times later reports that after being given the briefing, Bush “[breaks] off from work early and [spends] most of the day fishing.” [New York Times, 5/25/2002] In 2002 and again in 2004, National Security Adviser Rice will incorrectly claim under oath that the briefing only contained historical information from 1998 and before (see May 16, 2002 and April 8, 2004).

Entity Tags: George W. Bush, Islamic Jihad, Omar Abdul-Rahman, Federal Bureau of Investigation, Los Angeles International Airport, Condoleezza Rice, Abu Zubaida, Al-Qaeda, World Trade Center, Central Intelligence Agency, 9/11 Commission, Ahmed Ressam, Ramzi Yousef, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Margaret Gillespie, an FBI agent detailed to the CIA who has just found out that future 9/11 hijacker Khalid Almihdhar is in the US (see August 21-22, 2001), suggests asking failed Millennium bomber Ahmed Ressam whether he recognizes Almihdhar, but the proposal is not acted on. Ressam was arrested on his way to bomb Los Angeles airport (see December 14, 1999), but has been co-operating with the US government against al-Qaeda (see May 30, 2001). Gillespie makes the suggestion in an e-mail to Tom Wilshire, a CIA representative to the FBI. It is unclear what Wilshire does with the suggestion, but Ressam is not interviewed. When shown photos of Almihdhar after 9/11, Ressam will not recognize him. The FBI also fails to ask Ressam about Zacarias Moussaoui before 9/11, but shortly after 9/11 Ressam will identity Moussaoui as a person that attended al-Qaeda’s camps in Afghanistan (see Late August-Early September 2001). [9/11 Commission, 7/24/2004, pp. 275-6, 541]

Entity Tags: Zacarias Moussaoui, Tom Wilshire, Khalid Almihdhar, Ahmed Ressam, Margaret Gillespie, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Rita Flack, an intelligence operations specialist with the FBI’s Radical Fundamentalist Unit, is looking for evidence of ties between Zacarias Moussaoui and a foreign power so the agency can obtain a warrant to search Moussaoui’s belongings (see August 21, 2001). On this day, she comes across the Phoenix memo written by FBI agent Ken Williams (see July 10, 2001) which observed that an unusual number of Islamic radicals are taking aviation training in the US. In the memo, Williams suggested that bin Laden may be coordinating the flight training as part of preparations for a terrorist attack. Flack prints the Phoenix memo. She will later tell the Justice Department’s Office of Inspector General that it is her usual practice to read the documents she prints, but she will not recall actually reading the Phoenix memo. She will also say she did not give the memo to anyone else, including colleague Mike Maltbie or the Minneapolis FBI field office. Nor did she discuss it with anyone, she says. After 9/11, she will say that there was nothing in the memo that would have bolstered Moussaoui’s connection to a foreign power, although this will be disputed by three National Security Law Unit attorneys (see August 22-28, 2001). The Justice Department’s Office of Inspector General will state: “We believe she should have at least recognized the relevance of the [memo] and the potential relationship of its theories to the Moussaoui case… We think [Flack] should have brought the Phoenix [memo] to someone’s attention.” [US Department of Justice, 11/2004, pp. 145-6, 217-8 pdf file; US Department of Justice, 3/1/2006 pdf file] The Senate Judiciary Committee will also later say, “The [Phoenix memo] contained information that was material to the decision whether or not to seek a FISA warrant in the Moussaoui case.” [US Congress, 2/2003]

Entity Tags: Ken Williams, FBI Headquarters, Rita Flack, Radical Fundamentalist Unit

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission later will note that at this time, an unnamed foreign intelligence “service report[s] that [al-Qaeda deputy leader] Abu Zubaida [is] considering mounting terrorist attacks in the United States, after postponing possible operations in Europe. No targets, timing or method of attack [are] provided.” Newsweek will suggest that most or all of this information may have come from a US debriefing of al-Qaeda bomber Ahmed Ressam in May 2001 (see May 30, 2001). Newsweek will note that it is a common occurrence for foreign intelligence agencies to “simply rereport to the CIA what it had originally learned from the FBI through separate channels.” Still, even “the multiple channels for Ressam’s warnings [do] little to change thinking within the FBI or CIA…” [Newsweek, 4/28/2005; US District Court of Eastern Virginia, 5/4/2006, pp. 6 pdf file] However, it is possible the information could be more than a mirror of what Ressam said, since a number of Western intelligence agencies are monitoring Zubaida’s phone calls before 9/11 (see October 1998 and After).

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Abu Zubaida, 9/11 Commission, Ahmed Ressam, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI fails to ask Ahmed Ressam, an al-Qaeda operative arrested during the Millennium alert (see December 14, 1999), whether he can identify Zacarias Moussaoui. Agents in Seattle holding Ressam receive a general notification about the Moussaoui case, but it lacks urgency and they do not follow up on it with Ressam (see September 4, 2001). When asked shortly after 9/11, Ressam will say he recognizes Moussaoui from al-Qaeda’s training camps in Afghanistan. The 9/11 Commission will conclude that had Ressam been shown photos of Moussaoui and identified him before 9/11, the FBI would have been able to search his belongings. The belongings contain enough information to potentially prevent 9/11 (see August 16, 2001). The FBI also fails to ask Ressam whether he recognizes Khalid Almihdhar at this time, although Ressam has never met Almihdhar and will not identify him after 9/11 (see August 21, 2001). [Sunday Times (London), 2/3/2002; 9/11 Commission, 7/24/2004, pp. 275-6, 541]

Entity Tags: Ahmed Ressam, FBI Headquarters, Federal Bureau of Investigation, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In April 2001, the CIA analyzed some “intriguing information associated with a person known as ‘Mukhtar.’” The CIA didn’t know who this was at the time, only that he was associated with top al-Qaeda deputy Abu Zubaida and that he seemed to be involved in planning al-Qaeda activities. On August 28, 2001, the CIA receives a cable reporting that Khalid Shaikh Mohammed (KSM) has the nickname of Mukhtar (which means “brain” in Arabic). However, apparently no one at the CIA’s bin Laden unit makes the connection between this new information and the April 2001 information. The 9/11 Commission writes, “Only after 9/11 would it be discovered that Muhktar/KSM had communicated with a phone that was used by [Ramzi] bin al-Shibh, and that bin al-Shibh had used the same phone to communicate with [Zacarias] Moussaoui [who is in US custody by this time.]” [US Congress, 7/24/2003, pp. 322; 9/11 Commission, 7/24/2004, pp. 277]

Entity Tags: Al-Qaeda, Ramzi Yousef, Alec Station, Khalid Shaikh Mohammed, Central Intelligence Agency, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zakariya Essabar.Zakariya Essabar. [Source: Interpol]Al-Qaeda Hamburg cell member Zakariya Essabar allegedly travels to Pakistan and delivers a message to al-Qaeda leaders about the timing of the 9/11 attacks. Hamburg cell member Ramzi bin al-Shibh will later be arrested and interrogated, and according to a 2005 report about his interrogations, Essabar delivers the simple message “eleven nine.” Most countries around the world, including Muslim countries, put the day before the month, so this is a reference to September 11, the date of the upcoming 9/11 attacks. This message is supposed to be sent to someone with the name Mukhtar in Pakistan. Mukhtar is a commonly used alias of 9/11 mastermind Khalid Shaikh Mohammed (KSM) (see August 28, 2001), and he is in Karachi, Pakistan, at the time (see Early September 2001), so this is likely a reference to him. But Essabar apparently is unable to quickly find KSM, and he calls bin al-Shibh in Germany to say he is having trouble finding him. Presumably, bin al-Shibh loses contact with Essabar after this, so it is unclear what happens to the message. [Washington Post, 5/24/2005] However, it is unclear how reliable bin al-Shibh’s claims may be, especially since he may be tortured later. Bin al-Shibh will give conflicting information about Essabar. At one point, he claims he knows nothing about Essabar at all. At another point, he claims that al-Qaeda leader Mohammed Atef told Essabar to try to acquire a US visa, but did not explain why, and Essabar had no foreknowledge of the 9/11 attacks. But at another point, he claims that Essabar was told the get the US visa so he “could travel to the United States to take part in the planned attacks.” [Reuters, 5/21/2005; Washington Post, 5/24/2005] While it may be uncertain if Essabar delivers a message on the timing of the 9/11 attacks, it is highly likely that he does flee to Afghanistan at this time. Others will later say they see him at an al-Qaeda training camp in Afghanistan in late September 2001 (see September 10, 2001). His whereabouts after then will be unknown.

Entity Tags: Mohammed Atef, Al-Qaeda, Zakariya Essabar, Khalid Shaikh Mohammed, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The NSA intercepts “multiple phone calls from Abu Zubaida, bin Laden’s chief of operations, to the United States.” The timing and information contained in these intercepted phone calls has not been disclosed. [ABC News, 2/18/2002] In 2007, author and former CIA officer Robert Baer will comment that “apparently, when Abu Zubaida was captured, telephone records, including calls to the United States, were found in the house he was living in. The calls stopped on September 10, and resumed on September 16 (see September 16, 2001 and After). There’s nothing in the 9/11 Commission report about any of this, and I have no idea whether the leads were run down, the evidence lost or destroyed.” [Time, 12/7/2007] US intelligence had just been warned about a week earlier that Zubaida may be planning an attack on the US (see August 24, 2001). Zubaida’s exact position within al-Qaeda is disputed; he will be captured in 2002 (see March 28, 2002). It appears that a number of Western intelligence agencies were monitoring Zubaida’s calls since at least late 1998 (see October 1998 and After), and continue monitoring his calls in the weeks after 9/11 (see October 8, 2001).

Entity Tags: Robert Baer, Abu Zubaida, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

The chief of operations at the CIA’s Counterterrorist Center proposes that the CIA establish “hit teams” to assassinate high-value targets in al-Qaeda’s structure. The CIA compiled a list of such targets before 9/11, and updated it afterwards. The suggestion is made as part of a debate about what to do with the targets. The hit teams would be made up of CIA paramilitaries that would covertly infiltrate countries in the Middle East, Africa, and even Europe to assassinate people on the list, one by one. However, some CIA officers object to this, saying that it would be better to keep the targets alive and interrogate them about their network and other plots. Other officers worry that the CIA might not be good at assassinating people, and the plan is never implemented, although the agency does establish a network of black sites for interrogating detainees. The identity of the chief of operations that makes this proposal is not known definitively, but Richard Blee is said to hold the position around this time (see Between Mid-January and July 2000). [Washington Post, 11/2/2005]

Entity Tags: Central Intelligence Agency, Counterterrorist Center, Richard Blee

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

In 2007, former CIA officer Robert Baer will comment in Time magazine, “[A]pparently, when [al-Qaeda leader] Abu Zubaida was captured, telephone records, including calls to the United States, were found in the house he was living in. The calls stopped on September 10, and resumed on September 16. There’s nothing in the 9/11 Commission report about any of this, and I have no idea whether the leads were run down, the evidence lost or destroyed.” [Time, 12/7/2007] In fact, it seems likely the calls were monitored at the time by US intelligence and not just discovered after Zubaida’s capture in 2002. For instance, it has been reported elsewhere that Zubaida’s calls to the US in the week before 9/11 were being monitored by US intelligence (see Early September 2001) and 70 calls Zubaida made to operatives in Bosnia were monitored in the weeks just after 9/11 (see October 8, 2001). These calls to the US after 9/11 would suggest that al-Qaeda continues to have operatives there, but there have been no reports of any genuine al-Qaeda operatives arrested in the US in the weeks and months after 9/11 except for Nabil al-Marabh arrested on September 19, 2001 (see September 19, 2001).

Entity Tags: Abu Zubaida

Timeline Tags: Complete 911 Timeline

President Bush signs a directive giving the CIA the authority to kill or capture suspected al-Qaeda members and to set up a global network of secret detention facilities—“black sites”—for imprisoning and interrogating them. [Truthout (.org), 8/27/2004]
Secret Prison System - The International Committee of the Red Cross (ICRC) will later call the sites a “hidden global internment network” designed for secret detentions, interrogations, and ultimately, torture. At least 100 prisoners will be remanded to this secret system of “extraordinary rendition.” The network will have its own fleet of aircraft (see October 4, 2001) and relatively standardized transfer procedures. [New York Review of Books, 3/15/2009] The directive, known as a memorandum of notification, will become the foundation for the CIA’s secret prison system. The directive does not spell out specific guidelines for interrogations. [New York Times, 9/10/2006]
Secret Assassination List - Bush also approves a secret “high-value target list” containing about two dozen names, giving the CIA executive and legal authority to either kill or capture those on the list (see Shortly After September 17, 2001). The president is not required to approve each name added to the list and the CIA does not need presidential approval for specific attacks. Further, a presidential finding gives the CIA broad authority to capture or kill terrorists not on the list; the list is merely the CIA’s primary focus. The CIA will use these authorities to hunt for al-Qaeda leaders in Afghanistan and elsewhere. [New York Times, 12/15/2002]

Entity Tags: Central Intelligence Agency, George W. Bush, International Committee of the Red Cross, Al-Qaeda

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties, War in Afghanistan

At some point after 9/11, the US government begins compiling a list of “high-value” al-Qaeda linked militant leaders to be killed or captured. President Bush authorizes the assassination of high-value targets on September 17, 2001 (see September 17, 2001), so the creation of the list presumably takes place shortly after that. US intelligence agencies typically propose a name for the list, and prepare a dossier that explains who the target is and why that person deserves to be on the list. Then, a committee of bureaucrats and lawyers from the Justice Department, CIA, Pentagon, and other agencies reviews the dossier. If it finds the evidence convincing, the name is included on the “high-value target” list, which means the person cannot only be captured by US forces, but is legally allowed to be killed. At any one time, there are between 10 and 30 people on the list. Top al-Qaeda leaders Osama bin Laden and Ayman al-Zawahiri are on the list from the very beginning. In 2002, Defense Secretary Donald Rumsfeld will secretly authorize the killing of top targets anywhere in the world (see July 22, 2002), increasing the danger of being named on the list. In 2010, Anwar al-Awlaki will be added to the list. This will be the first time a US citizen is added. [Reuters, 5/12/2011] The CIA already had prepared a list of high-value targets it thought deserved to be assassinated before 9/11 (see Shortly After September 11, 2001).

Entity Tags: George W. Bush, Al-Qaeda, Central Intelligence Agency, Osama bin Laden, US Military, Ayman al-Zawahiri, US Department of Justice

Timeline Tags: Complete 911 Timeline, War in Afghanistan

On September 19, 2001, Cofer Black, head of the CIA’s Counterterrorist Center, speaks to Gary Berntsen, a CIA officer who is about to lead the first unit of CIA operatives into Afghanistan. Black tells Berntsen that President Bush has signed a new intelligence order. As Black will put it in 2002, the gloves are off (see September 26, 2002). Black orders Berntsen: “You have one mission. Go find the al-Qaeda and kill them. We’re going to eliminate them. Get bin Laden, find him. I want his head in a box.… I want to take it down and show the president.” Berntsen replies, “Well, that couldn’t be any clearer.” [Washington Post, 11/18/2002] Indeed, two days before Bush, signed new orders giving the CIA broad new powers (see September 17, 2001 and September 17, 2001). Bernsten and his team arrive in Afghanistan on September 26 (see September 26, 2001).

Entity Tags: Cofer Black, Gary Berntsen, Central Intelligence Agency, Counterterrorist Center

Timeline Tags: Complete 911 Timeline, War in Afghanistan

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

John Yoo, a deputy assistant attorney general in the Department of Justice (DOJ) Office of Legal Counsel (OLC), issues a legal opinion that says the US can conduct electronic surveillance against its citizens without probable cause or warrants. According to the memo, the opinion was drafted in response to questions about whether it would be constitutional to amend the Foreign Intelligence Surveillance Act (FISA) to state that searches may be approved when foreign intelligence collection is “a purpose” of the search, rather than “the purpose.” Yoo finds this would be constitutional, but goes further. He asserts that FISA is potentially in conflict with the Constitution, stating, “FISA itself is not required by the Constitution, nor is it necessarily the case that its current standards match exactly to Fourth Amendment standards.” Citing Vernonia School Dist. 47J v. Acton, in which the Supreme Court found that warrantless searches of students were permissible, Yoo argues that “reasonableness” and “special needs” are also the standards according to which warrantless monitoring of the private communications of US persons is permissible. According to Yoo, the Fourth Amendment requirement for probable cause and warrants prior to conducting a search pertain primarily to criminal investigations, and in any case cannot be construed to restrict presidential responsibility and authority concerning national security. Yoo further argues that in the context of the post-9/11 world, with the threat posed by terrorism and the military nature of the fight against terrorism, warrantless monitoring of communications is reasonable. Some information indicates the NSA began a broad program involving domestic surveillance prior to the 9/11 attacks, which contradicts the claim that the program began after, and in response to, the attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [US Department of Justice, 9/25/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Inspectors General, 7/10/2009]
Yoo Memo Used to Support Legality of Warrantless Surveillance - Yoo’s memo will be cited to justify the legality of the warrantless domestic surveillance program authorized by President Bush in October 2001 (see October 4, 2001). NSA Director General Michael Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.” The various post-9/11 NSA surveillance activities authorized by Bush will come to be referred to as the President’s Surveillance Program (PSP), and the first memo directly supporting the program’s legality will be issued by Yoo on November 2, 2001, after the program has been initiated (see November 2, 2001). Many constitutional authorities will reject Yoo’s legal rationale. [Michael Hayden, 1/23/2006]
Yoo Memo Kept Secret from Bush Officials Who Might Object - According to a report by Barton Gellman and Jo Becker in the Washington Post, the memo’s “authors kept it secret from officials who were likely to object,” including ranking White House national security counsel John Bellinger, who reports to National Security Adviser Condoleezza Rice. Bellinger’s deputy, Bryan Cunningham, will tell the Post that Bellinger would have recommended having the program vetted by the Foreign Intelligence Surveillance Court, which oversees surveillance under FISA. Gellman and Becker quote a “senior government lawyer” as saying that Vice President Dick Cheney’s attorney, David Addington, had “open contempt” for Bellinger, and write that “more than once he accused Bellinger, to his face, of selling out presidential authority for good ‘public relations’ or bureaucratic consensus.” [Washington Post, 6/24/2007]

Entity Tags: US Department of Justice, John Bellinger, National Security Agency, Bryan Cunningham, Condoleezza Rice, David S. Addington, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Office of Legal Counsel (DOJ), John C. Yoo, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Mohamed Abdi, a 44-year-old Somali immigrant whose phone number was found in a car belonging to one the 9/11 hijackers, is detained without bail in Alexandria, Va. On September 12, 2001, FBI investigators discovered a car registered to 9/11 hijacker Nawaf Alhazmi at Dulles Airport (see September 11-13, 2001). In the car, they found a Washington-area map with the name “Mohumad” and a Virginia phone number belonging to Mohamed Abdi. At the court hearing, an FBI investigator says that Abdi has not explained the finding and is suspected of being linked to the hijackers. FBI Special Agent Kevin W. Ashby also testifies that an article on Ahmed Ressam was found in Abdi’s clothing. Ressam was convicted of trying to bomb Los Angeles Airport in 2000 (see December 14, 1999). According to press reports, Abdi is not cooperating with police. He came to the United States in 1993 as a refugee. He later brought his wife and four children to the US and obtained US citizenship. Shortly after his arrival, Abdi worked for Caterair, a food service company at Reagan National Airport. At the time of his arrest, Abdi had been working as a low-paid security guard for Burns Security for seven years. Burns does not provide airport security services, however, a Burns subsidiary called Globe Aviation Services provides screening services at several US airports, including the American Airlines concourse at Boston’s Logan Airport, from which one of the hijacked flights took off (see October 10, 2001). Abdi, who has had financial difficulties for some time, is charged with check forgery. He is accused of forging his landlord’s signature to obtain a government housing subsidy. No terrorism charges are filed. [US District Court Eastern District of Virginia, 9/23/2001 pdf file; Washington Post, 9/27/2001 pdf file; Human Events, 10/15/2001; Human Events, 10/15/2001] In January 2002, Abdi will receive a four-month sentence for forgery. Any link he may have had with the hijackers will remain unclear. [Washington Post, 1/12/2002]

Entity Tags: Washington Dulles International Airport, Ronald Reagan Washington National Airport, Nawaf Alhazmi, Logan International Airport, Mohamed Abdi, Globe Aviation Services Corp., Federal Bureau of Investigation, Burns Security

Timeline Tags: Complete 911 Timeline

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

The United States government creates a multi-layered international system of detention centers and prison camps where suspected terrorists, enemy combatants, and prisoners of war are detained and interrogated. [Washington Post, 5/11/2004, pp. A01] The Washington Post reports in May 2004: “The largely hidden array includes three systems that only rarely overlap: the Pentagon-run network of prisons, jails, and holding facilities in Iraq, Afghanistan, Guantanamo, and elsewhere; small and secret CIA-run facilities where top al-Qaeda and other figures are kept; and interrogation rooms of foreign intelligence services—some with documented records of torture—to which the US government delivers or ‘renders’ mid- or low-level terrorism suspects for questioning…. The detainees have no conventional legal rights: no access to a lawyer; no chance for an impartial hearing; and… no apparent guarantee of humane treatment accorded prisoners of war under the Geneva Conventions or civilians in US jails.” [Washington Post, 5/11/2004, pp. A01] One administration official tells the New York Times that some high-level detainees may be held indefinitely. [New York Times, 5/13/2004] Secrecy permeates the system. For example, renditions are done covertly and the locations of the secret CIA-run interrogation centers are considered “so sensitive that even the four leaders of the House and Senate intelligence committees, who are briefed on all covert operations, do not know them.” [Washington Post, 5/11/2004, pp. A01] In May 2004, it is estimated that there are 10,000 prisoners being held in US facilities around the world. They come from a number of countries including Jordan, Lebanon, Libya, Malaysia, Oman, Saudi Arabia, Somalia, Sudan, Syria, Sweden, Tunisia, Turkey, Ukraine, Britain, the Palestinian territories, and Yemen. [Independent, 5/15/2004]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number.One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number. [Source: Public domain via Wikipedia]A secret arrangement is made in Brussels, Belgium, by all members of NATO. Lord George Robertson, British defense secretary and later NATO’s secretary general, will later explain NATO members agree to provide “blanket overflight clearances for the United States and other allies’ aircraft for military flights related to operations against terrorism.” [London Times, 11/25/2007] Over 700 prisoners will fly over NATO countries on their way to the US-controlled Guantanamo prison in Cuba beginning in 2002 (see January 14, 2002-2005).
Conditions of Transfer - According to a 2007 report by the International Committee of the Red Cross (ICRC—see March 15, 2009), detainees flown on CIA rendition flights would be:
bullet Photographed both clothed and naked;
bullet Subjected to body cavity (rectal) searches, with some detainees later alleging that they were administered suppositories of some sort;
bullet Dressed in a diaper and a tracksuit, with earphones placed over the ears (through which shatteringly loud music would sometimes be played), a blindfold, black goggles, and sometimes cotton wool placed over the eyes;
bullet Shackled by hands and feet, and thus carried onto an airplane, where they would remain, without toilet privileges, from one to 30 hours.
The prisoners would usually be allowed to sit upright, but the ICRC will later find that on “some occasions detainees were transported lying flat on the floor of the plane… with their hands cuffed behind their backs,” causing them “severe pain and discomfort,” as they were moved from one location to another. [New York Review of Books, 3/15/2009]

Entity Tags: George Robertson, North Atlantic Treaty Organization, International Committee of the Red Cross

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Bensayah Belkacem at Guantanamo.Bensayah Belkacem at Guantanamo. [Source: US Defense Department]US intelligence intercepts numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Bensayah Belkacem, an operative living in Bosnia. The New York Times will later report that shortly after 9/11, “American intelligence agencies, working closely with the government of neighboring Croatia, listened in as Mr. Belkacem and others discussed plans for attacks.” One US official says, “He was apparently on the phone constantly to Afghanistan, with Zubaida and others. There were dozens of calls to Afghanistan.” Belkacem, an Algerian, had moved to Bosnia to fight in the early 1990s war there, then obtained Bosnian citizenship and settled in Zenica, working for an Islamic charity. [New York Times, 1/23/2002] On October 8, 2001, Bosnian police detain Belkacem. While searching his home, they find a piece of note listing the name “Abu Zubeida” and Zubaida’s phone number. [Washington Post, 8/21/2006] It is later revealed that Belkacem made 70 calls to Zubaida between 9/11 and his arrest and more calls before then. He had repeatedly sought a visa to leave Bosnia for Germany just before 9/11. Phone transcripts show Zubaida and Belkacem discussed procuring passports. [Time, 11/12/2001] A US official will later claim that it was believed Zubaida was in Afghanistan with bin Laden at the time of Belkacem’s arrest. [New York Times, 1/23/2002] It has not been explained why this knowledge was not used to capture or kill Zubaida and/or bin Laden. It appears that Western intelligence agencies had been monitoring Zubaida’s calls as far back as 1996 (see (Mid-1996) and October 1998 and After). Belkacem and five of his associates will be renditioned to Guantanamo Bay prison in 2002 and remain imprisoned there (see January 18, 2002).

Entity Tags: Abu Zubaida, Bensayah Belkacem, US intelligence

Timeline Tags: Complete 911 Timeline

The FBI releases a list of its 22 most wanted terrorists. The US government offers up to $5 million for information leading to the capture of anyone of the list. The men are:
bullet Al-Qaeda leaders Osama bin Laden, who was indicted by a grand jury in 1998 (see June 8, 1998), Ayman al-Zawahiri, linked to a 1995 bombing in Pakistan (see November 19, 1995), and Mohammed Atef, who provided training to Somali fighters before the Black Hawk Down incident (see Late 1992-October 1993);
bullet Khalid Shaikh Mohammed (KSM), for his role in the 1995 Bojinka plot (see January 6, 1995). KSM is actually the mastermind of 9/11, although the US intelligence community has allegedly not yet pieced this information together (see (November 7, 2001));
bullet Several other operatives suspected of involvement in the 1998 US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998): Fazul Abdullah Mohammed (see August 2, 2008), Mustafa Fadhil, Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam (see August 6-7, 1998)), Ahmed Khalfan Ghailani (see July 25-29, 2004), Sheikh Ahmed Salim Swedan (see July 11, 2002), Abdullah Ahmed Abdullah (see September 10, 2002), Anas al-Liby (see January 20, 2002- March 20, 2002), Saif al-Adel (see Spring 2002), Ahmed Mohammed Hamed Ali, and Mushin Musa Matwalli Atwah (see April 12, 2006);
bullet Abdul Rahman Yasin, a US-Iraqi involved in the 1993 World Trade Center bombing (see March 4-5,1993);
bullet Ahmed Ibrahim Al-Mughassil, Ali Saed Bin Ali El-Houri, Ibrahim Salih Mohammed Al-Yacoub, and Abdelkarim Hussein Mohamed Al-Nasser, for their alleged part in the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996);
bullet Imad Mugniyah, Hassan Izz-Al-Din, and Ali Atwa for the hijacking of TWA Flight 847 in June 1985. [CNN, 10/10/2001]

Entity Tags: Mohammed Atef, Mushin Musa Matwalli Atwah, Mustafa Fadhil, Osama bin Laden, Saif al-Adel, Khalid Shaikh Mohammed, Usama al-Kini, Sheikh Ahmed Salim Swedan, Imad Mugniyah, Mohammed Hamed Ali, Hassan Izz-Al-Din, Abdullah Ahmed Abdullah, Abdul Rahman Yasin, Abdelkarim Hussein Mohamed Al-Nasser, Ahmed Ibrahim Al-Mughassil, Ahmed Khalfan Ghailani, Ibrahim Salih Mohammed Al-Yacoub, Ali Saed Bin Ali El-Houri, Fazul Abdullah Mohammed, Federal Bureau of Investigation, Ali Atwa, Ayman al-Zawahiri, Anas al-Liby

Timeline Tags: Complete 911 Timeline

US Special Forces being paradropped into Afghanistan. The date and exact location is unknown.US Special Forces being paradropped into Afghanistan. The date and exact location is unknown. [Source: PBS]US Special Forces ground forces arrive in Afghanistan. [MSNBC, 11/2001] However, during the Afghanistan war, special forces soldiers are mainly employed in small numbers as observers, liaisons, and spotters for air power to assist the Northern Alliance—not as direct combatants. [Christian Science Monitor, 3/4/2002] The first significant special forces operation on October 20 will be a near disaster, leaving military commanders increasingly reluctant to use US troops directly in battle (see October 20, 2001). [Christian Science Monitor, 3/4/2002] Counterterrorism “tsar” Richard Clarke will suggest in 2004 that the Bush administration did not commit more ground forces to Afghanistan because it wanted to have enough troops available to stage a large offensive against Iraq. “I can’t prove this, but I believe they didn’t want to put in a lot of regular infantry because they wanted to hold it in reserve,” Richard Clarke explains. “And the issue is the infantry. A rational military planner who was told to stabilize Afghanistan after the Taliban was gone, and who was not told that we might soon be doing Iraq, would probably have put in three times the number of infantry, plus all the logistics support ‘tail.’ He would have put in more civil-affairs units, too. Based on everything I heard at the time, I believe I can make a good guess that the plan for Afghanistan was affected by a predisposition to go into Iraq. The result of that is that they didn’t have enough people to go in and stabilize the country, nor enough people to make sure these guys didn’t get out.” The first regular US combat troops will be deployed in late November and play a more limited role. [Atlantic Monthly, 10/2004]

Entity Tags: Richard A. Clarke, Northern Alliance, Bush administration (43), Taliban, United States

Timeline Tags: Events Leading to Iraq Invasion, War in Afghanistan

A Washington Post article hints at the US government’s use rendition and torture. It refers to four suspects out of the hundreds arrested in the US—Zacarias Moussaoui, Nabil al-Marabh, Ayub Ali Khan, and Mohammed Azmath—who may actually have links to al-Qaeda (see October 20, 2001). The article quotes an “experienced FBI agent involved in the investigation,” who says: “We are known for humanitarian treatment, so basically we are stuck.… Usually there is some incentive, some angle to play, what you can do for them. But it could get to that spot where we could go to pressure… where we won’t have a choice, and we are probably getting there.” The article goes on to mention: “Among the alternative strategies under discussion are using drugs or pressure tactics, such as those employed occasionally by Israeli interrogators, to extract information. Another idea is extraditing the suspects to allied countries where security services sometimes employ threats to family members or resort to torture.” [Washington Post, 10/21/2001] Although it is little known in the US at the time, the CIA has already been renditioning suspects to countries known for practicing torture (see September 23, 2001), and has made arrangements with NATO countries to increase the number of such renditions (see October 4, 2001). Azmath and Khan will later be cleared of al-Qaeda ties and released (see October 20, 2001). Al-Marabh will be deported to Syria under mysterious circumstances and rearrested by the Syrian government (see Spring 2004). Moussaoui will be sentenced to life in prison in the US (see May 3, 2006).

Entity Tags: Mohammed Azmath, Federal Bureau of Investigation, Nabil al-Marabh, Syed Gul Mohammad Shah, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Justice Department’s John Yoo and Robert Delahunty issue a memo to White House counsel Alberto Gonzales claiming President Bush has sweeping powers in wartime that essentially void large portions of the Constitution. The memo, which says that Bush can order military operations inside the US (see October 23, 2001), also says that Bush can suspend First Amendment freedoms: “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It adds that “the current campaign against terrorism may require even broader exercises of federal power domestically.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]

Entity Tags: John C. Yoo, George W. Bush, Robert J. Delahunty, US Department of Justice, Alberto R. Gonzales

Timeline Tags: Civil Liberties

Shortly after the US invasion of Afghanistan (see October 19, 2001), the CIA takes control of an abandoned brick factory, and turns it into a training facility and secret prison. The facility, code-named the “Salt Pit,” is a 10-acre facility just north of Kabul. It is used to train Afghan counterterrorism forces and to house prisoners. The agency intends the Salt Pit to be a “host-nation facility,” manned and operated entirely by Afghans, in part so that CIA officials cannot be held accountable for the actions taken by the Afghan guards and interrogators. Similar methodologies are used in secret CIA prisons in other countries. However, the CIA pays the entire cost of maintaining the facility. It vets the guards who work there, and decides which prisoners will be kept in the facility, including some senior al-Qaeda operatives who will eventually be transferred to other facilities such as Guantanamo. Sometime before March 2005, the CIA will transfer its operations to another facility, and the Salt Pit will be demolished. [ABC News, 11/18/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

Mohammed Atef.Mohammed Atef. [Source: FBI]Al-Qaeda leader Mohammed Atef (a.k.a. Abu Hafs) is believed to have been killed in Gardez, near Kabul, Afghanistan. Atef is considered al-Qaeda’s military commander, and one of its top leaders. Initial reports claim he was killed by a US bombing raid, but later reports will reveal he was hit by Hellfire missile fired from a Predator drone. [US Department of State, 11/16/2001; ABC News, 11/17/2001; Newsweek, 11/11/2002] CIA Director George Tenet will later indicate that Atef was “a key player in the 9/11 attacks,” but the exact nature of his role has not been revealed. [Tenet, 2007, pp. 187] Documents and videotapes are discovered by US forces in the rubble after the raid. Details on two upcoming al-Qaeda attacks are discovered. Investigators examining the videotapes find images of about 50 al-Qaeda operatives (see November 15-Late December 2001). [Suskind, 2006, pp. 57]

Entity Tags: Al-Qaeda, Mohammed Atef

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]

Entity Tags: Robert J. Delahunty, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo, US Department of Justice

Timeline Tags: Civil Liberties

According to a 2009 Senate Armed Services Committee report (see April 21, 2009), the Pentagon begins asking the Joint Personnel Recovery Agency (JPRA) for assistance in developing a set of procedures for “harsh interrogations”—torture—to be used against suspected terrorists captured by US soldiers and intelligence operatives. JPRA has “reverse-engineered” a training program, Survival, Evasion, Resistance, and Escape (SERE), which trains US soldiers to resist torture techniques if captured by an enemy, to produce harsh techniques to be used in interrogating suspected terrorists. [Washington Post, 4/22/2009]
Methods Already in Use - Military interrogators have already begun using the methods inflicted on them during SERE training on their prisoners, and SERE instructors—often having no training in interrogation procedures and no experience with other cultures—have been reassigned as interrogators. [Savage, 2007, pp. 216] The JPRA program will result in the personal approval of 15 “harsh” techniques by Defense Secretary Donald Rumsfeld. The policies will be adopted by US interrogators in Afghanistan, at Abu Ghraib prison in Baghdad, and at Guantanamo. [New York Times, 4/21/2009] In a June 2004 press conference, General James T. Hill, the commander of the US Southern Command (SOCOM), which oversees the Guantanamo detention facility, will say that US officials tapped the “SERE School and developed a list of techniques.” Hill will say that he was reassured by Pentagon officials that the techniques were “legally consistent with our laws.”
Methods Devised to Produce Propaganda, Not Reliable Information - Trained interrogators are, in the words of reporter Charlie Savage, “aghast at this policy.” Savage will write that unlike many Pentagon officials, Special Forces troops, and even SERE instructors, they know full well where SERE techniques originated: from the techniques used by Chinese and North Korean interrogators to torture and brutalize US soldiers during the Korean War. The Koreans and Chinese were experts at coercing American captives to “confess” to “war crimes” and other offenses; those confessions were used for propaganda purposes. “After the war,” Savage will write, the captured soldiers “all told the same story: Chinese interrogators, working with the North Koreans, had put them through a series of sustained torments” identical to those used in SERE training “until their minds had bent and they had made the false confessions.” The stories led to the concept of Chinese “brainwashing” techniques made famous by such books and films as The Manchurian Candidate. In 1963, the CIA concluded that the techniques were virtually useless at producing reliable intelligence, but worked very well in coercing victims to say whatever interrogators wanted them to say. “[U]nder sufficient pressure subjects usually yield but their ability to recall and communicate information accurately is as impaired as the will to resist.” Savage will write, “Neither SERE trainers, who run scenarios by following the instructions in basic military manuals, nor their Special Forces trainees understood that the coercive techniques used in the program were designed to make prisoners lose touch with reality so that they will falsely confess to what their captors want to hear, not for extracting accurate and reliable information.” Colonel Steve Kleinman, the former head of the Air Force’s strategic interrogation program, will later comment: “People who defend this say ‘we can make them talk.’ Yes, but what are they saying? The key is that most of the training is to try to resist the attempts to make you comply and do things such as create propaganda, to make these statements in either written or videotaped form. But to get people to comply, to do what you want them to do, even though it’s not the truth—that is a whole different dynamic than getting people to produce accurate, useful intelligence.” [Savage, 2007, pp. 216-217]

Entity Tags: Steve Kleinman, Central Intelligence Agency, Charlie Savage, US Department of Defense, Donald Rumsfeld, Joint Personnel Recovery Agency, Senate Armed Services Committee, James T. Hill

Timeline Tags: Torture of US Captives

US Special Forces unloading equipment in the Tora Bora region.US Special Forces unloading equipment in the Tora Bora region. [Source: Banded Artists Productions] (click image to enlarge)Around December 5, 2001, about three-dozen US special forces position themselves at strategic spots in the Tora Bora region to observe the fighting. Using hand-held laser target designators, they “paint” targets to bomb. Immediately the US bombing becomes more accurate. With this improved system in place, the ground battle for Tora Bora begins in earnest. However, as the Christian Science Monitor later notes, “The battle was joined, but anything approaching a ‘siege’ of Tora Bora never materialized.” No other US troops take part, and US-allied afghans fight unenthusiastically and sometimes even fight for the other side (see Mid-November 2001-Mid-December 2001). [Christian Science Monitor, 3/4/2002] The Tora Bora battle will end with a victory for the US-allied forces by December 17, 2001 (see December 17, 2001). However, the Daily Telegraph will later report, “In retrospect, and with the benefit of dozens of accounts from the participants, the battle for Tora Bora looks more like a grand charade.” Eyewitnesses express shock that the US pinned in Taliban and al-Qaeda forces, thought to contain many high leaders, on three sides only, leaving the route to Pakistan open. An intelligence chief in Afghanistan’s new government says, “The border with Pakistan was the key, but no one paid any attention to it. In addition, there were plenty of landing areas for helicopters had the Americans acted decisively. Al-Qaeda escaped right out from under their feet.” [Daily Telegraph, 2/23/2002]

Entity Tags: Taliban, Al-Qaeda, US Department of Defense, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Gary Berntsen on an airplane, date and location unknown.Gary Berntsen on an airplane, date and location unknown. [Source: National Geographic]Richard Blee, head of the Sunni Extremist Group at the CIA’s Counterterrorist Center and a former head of Alec Station, the CIA’s bin Laden unit, is made chief of the CIA’s new station in Kabul. Blee replaces Gary Berntsen, who had effectively led the CIA’s war effort against the Taliban and al-Qaeda in Afghanistan. Berntsen is unhappy with being replaced, saying: “It felt as though someone had just thrown a bucket of cold water in my face. I couldn’t believe they were doing this in the middle of the most important battle of the war.” The battle of Tora Bora begins around this time and, although the US thinks it has Osama bin Laden cornered there, he somehow manages to escape (see November 16, 2001, November 26, 2001 and Early December 2001).
Replacement Decision Is Not Well Received - Berntsen’s staff members are also unhappy with the decision, and slap their hands over their heads and groan when they find out about it. They tell Berntsen, “No disrespect to Rich, but when you leave, we leave.” Berntsen will attribute Blee’s selection to his closeness to CIA Director George Tenet and Deputy Director of Operations James Pavitt, and will also hint that Blee strongly desired the job. [Berntsen and Pezzullo, 2005, pp. 296-7, 306] Berntsen pushed hard for US troops to be deployed to catch bin Laden (see Late October-Early December 2001), but it is not known whether Blee is in favor of using US troops or not. Blee will also instigate the transfer of Ibn al-Shaykh al-Libi from the FBI to Egypt shortly after arriving; this is the first such transfer of a major figure after 9/11 (see Shortly After December 19, 2001).
Blee's Replacement - Blee is apparently replaced as chief of the Sunni Extremist Group by someone known only as Hendrik V. (see (Between Summer and Winter 2001)). Hendrik V. will later be replaced by an official known as “Marty M.” before March 2003. [Tenet, 2007, pp. 232, 251] That is almost certainly Marty Martin, someone said to lead the search for bin Laden from 2002 to 2004 (see (Shortly After October 29, 2004)).

Entity Tags: Marty Martin, Gary Berntsen, Central Intelligence Agency, Hendrik V., Richard Blee

Timeline Tags: Complete 911 Timeline

US bombing in Tora Bora, December 14, 2001.US bombing in Tora Bora, December 14, 2001. [Source: Romeo / Gacad Agence France-Presse]According to author Ron Suskind, on this date bin Laden makes a broadcast on his shortwave radio from somewhere within Tora Bora, Afghanistan. He praises his “most loyal fighters” still fighting in Tora Bora and says “forgive me” for drawing them into a defeat. He says the battle will continue “on new fronts.” Then he leads a prayer and leaves Tora Bora. Suskind says, “With a small band, he escaped on horseback toward the north. The group, according to internal CIA reports, took a northerly route to the province of Nangarhar—past the Khyber Pass, and the city of Jalalabad—and into the province of Konar. That day and the next, much of the remaining al-Qaeda force of about 800 soldiers moved to the south toward Pakistan.” [Suskind, 2006, pp. 74-75 Sources: Ron Suskind] A radio had been captured by US allied forces some days earlier, allowing the US to listen in to bin Laden’s communications (see Late October-Early December 2001). In another account, a professional guide and former Taliban official later claims to have led bin Laden and a group of about 30 at this time on a four day trip into Pakistan and then back into a different part of Afghanistan. [Newsweek, 8/11/2002] Still other accounts have bin Laden heading south into Pakistan at this time instead (see Mid-December 2001). An article in the British Daily Telegraph entitled “Bin Laden’s voice heard on radio in Tora Bora” will appear the very next day, detailing some of these communications. [Daily Telegraph, 12/16/2001]

Entity Tags: Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A videotape obtained by the CIA shows bin Laden at the end of the Tora Bora battle. He is walking on a trail either in Afghanistan and heading toward Pakistan, or already in Pakistan. Bin Laden is seen instructing his party how to dig holes in the ground to lie undetected at night. A US bomb explodes in the distance. Referring to where the bomb was dropped, he says, “We were there last night.” The existence of this videotape will not be reported until late 2006. [Washington Post, 9/10/2006] In September 2005, the New York Times will report that, “On or about Dec. 16, 2001, according to American intelligence estimates, bin Laden left Tora Bora for the last time, accompanied by bodyguards and aides.… Bin Laden and his men are believed to have journeyed on horseback directly south toward Pakistan.” [New York Times Magazine, 9/11/2005] Other accounts have him heading north into other parts of Afghanistan around this time instead (see December 15, 2001).

Entity Tags: Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Four prisoners captured at Tora Bora and shown to the media on December 17, 2001.Four prisoners captured at Tora Bora and shown to the media on December 17, 2001. [Source: Getty Images]US-allied forces declare that the battle of Tora Bora has been won. A ten-day ground offensive that began on December 5 has cleared out the remaining Taliban and al-Qaeda forces in Tora Bora. The Afghan war is now widely considered to be over. However, many will later consider the battle a failure because most of the enemy escapes (see December 5-17, 2001), and because the Taliban will later regroup. [Christian Science Monitor, 3/4/2002] The Christian Science Monitor later reports that up to 2,000 Taliban and al-Qaeda were in the area when the battle began. The vast majority successfully fled, and only 21 al-Qaeda fighters were finally captured. [Christian Science Monitor, 3/4/2002] US intelligence analysts later estimate that around 1,000 to 1,100 al-Qaeda fighters and an unknown number of leaders escaped Tora Bora, while Pakistani officials estimate 4,000 fighters plus 50 to 80 leaders escaped (see October 2004). [Knight Ridder, 10/30/2004] Author Ron Suskind will suggest in 2006 that there were just over 1,000 al-Qaeda and Taliban in the area, and of those, 250 were killed or captured. [Suskind, 2006, pp. 75 Sources: Ron Suskind] Bin Laden left the area by December 15, if not earlier (see December 15, 2001 and Mid-December 2001). It is believed that al-Qaeda’s number two leader, Ayman al-Zawahiri, also escaped the area around the same time. [Knight Ridder, 10/20/2002]

Entity Tags: Al-Qaeda, Osama bin Laden, Taliban, US Department of Defense

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Ibn al-Shaykh al-Libi, captured by Pakistani forces six weeks earlier (see November 11, 2001), is handed over to US authorities at the Bagram air base in Afghanistan. Two FBI agents from New York are tasked with interrogating him. One of the agents, Russell Fincher, spends more than 80 hours with al-Libi discussing religion and prayer in an effort to establish a close bond. It works, and al-Libi opens up to Fincher, giving him information about Zacarias Moussaoui and the so-called shoe bomber, Richard Reid (see December 22, 2001). [Isikoff and Corn, 2006, pp. 120] But despite this progress, he will soon be transferred to Egypt and tortured there into making some false confessions (see January 2002 and After).

Entity Tags: Zacarias Moussaoui, Richard C. Reid, Ibn al-Shaykh al-Libi, Russell Fincher

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, Office of Legal Counsel (DOJ), John C. Yoo

Timeline Tags: Civil Liberties

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

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