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Context of 'August 20, 2001: Fort Meade Increases Base Security'

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]

Entity Tags: US Department of State, Central Intelligence Agency, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

US intelligence agencies, including the NSA, the CIA, and the FBI, run a clandestine and highly illegal surveillance operation called Project MINARET that uses “watch lists” to electronically and physically spy on “subversive” activities by civil rights and antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard Nixon’s infamous “enemies list.” [Patrick S. Poole, 8/15/2000; Pensito Review, 5/13/2006] MINARET operates in tandem with a much more extensive electronic surveillance operation, SHAMROCK, run by the NSA (see 1945-1975). Almost 6,000 foreigners and nearly 1,700 organizations and US citizens are monitored as part of MINARET. In August 1975, NSA director Lew Allen testifies before the Senate’s investigative commission on US intelligence activities, the Church Committee (see April, 1976), that the NSA has issued over 3,900 reports on the US citizens on MINARET’s watch lists, and the NSA’s Office of Security Services has maintained reports on at least 75,000 citizens between 1952 and 1975, reports that later became part of MINARET’s operations. MINARET, like SHAMROCK, will be terminated shortly after the Church Committee goes public with its information about the illegal surveillance program. [Bamford, 1983; Pensito Review, 5/13/2006]

Entity Tags: Malcolm Little, Central Intelligence Agency, Church Committee, Lew Allen, National Security Agency, Martin Luther King, Jr., Office of Security Services, Joan Baez

Timeline Tags: Civil Liberties

Bella Abzug.Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. [Dubose and Bernstein, 2006, pp. 36-37] Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).

Entity Tags: Foreign Intelligence Surveillance Act, Church Committee, Bella Abzug, Antonin Scalia, AT&T, Donald Rumsfeld, Ford administration, National Security Agency, Western Union, James Earl “Jimmy” Carter, Jr., Edward Levi, Office of Legal Counsel (DOJ), Pike Committee, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Civil Liberties

Representative Otis Pike.Representative Otis Pike. [Source: Spartacus Educational]A House of Representatives committee, popularly known as the Pike Committee after its chairman, Otis Pike (D-NY), investigates questionable US intelligence activities. The committee operates in tandem with the Senate’s investigation of US intelligence activities, the Church Committee (see April, 1976). Pike, a decorated World War II veteran, runs a more aggressive—some say partisan—investigation than the more deliberate and politically balanced Church Committee, and receives even less cooperation from the White House than does the Church investigation. After a contentious year-long investigation marred by inflammatory accusations and charges from both sides, Pike refuses demands from the CIA to redact huge portions of the report, resulting in an accusation from CIA legal counsel Mitchell Rogovin that the report is an “unrelenting indictment couched in biased, pejorative and factually erroneous terms.” Rogovin also tells the committee’s staff director, Searle Field, “Pike will pay for this, you wait and see…. There will be a political retaliation…. We will destroy him for this.” (It is hard to know exactly what retaliation will be carried out against Pike, who will resign from Congress in 1978.)
Battle to Release Report - On January 23, 1976, the investigative committee voted along party lines to release the report unredacted, sparking a tremendous outcry among Republicans, who are joined by the White House and CIA Director William Colby in an effort to suppress the report altogether. On January 26, the committee’s ranking Republican, Robert McCory, makes a speech saying that the report, if released, would endanger national security. On January 29, the House votes 246 to 124 not to release the report until it “has been certified by the President as not containing information which would adversely affect the intelligence activities of the CIA.” A furious Pike retorts, “The House just voted not to release a document it had not read. Our committee voted to release a document it had read.” Pike threatens not to release the report at all because “a report on the CIA in which the CIA would do the final rewrite would be a lie.” The report will never be released, though large sections of it will be leaked within days to reporter Daniel Schorr of the Village Voice, and printed in that newspaper. Schorr himself will be suspended from his position with CBS News and investigated by the House Ethics Committee (Schorr will refuse to disclose his source, and the committee will eventually decide, on a 6-5 vote, not to bring contempt of Congress charges against him). [Spartacus Educational, 2/16/2006] The New York Times will follow suit and print large portions of the report as well. The committee was led by liberal Democrats such as Pike and Ron Dellums (D-CA), who said even before the committee first met, “I think this committee ought to come down hard and clear on the side of stopping any intelligence agency in this country from utilizing, corrupting, and prostituting the media, the church, and our educational system.” The entire investigation is marred by a lack of cooperation from the White House and the CIA. [Gerald K. Haines, 1/20/2003]
Final Draft Accuses White House, CIA of 'Stonewalling,' Deception - The final draft of the report says that the cooperation from both entities was “virtually nonexistent,” and accuses both of practicing “foot dragging, stonewalling, and deception” in their responses to committee requests for information. CIA archivist and historian Gerald Haines will later write that the committee was thoroughly deceived by Secretary of State Henry Kissinger, who officially cooperated with the committee but, according to Haines, actually “worked hard to undermine its investigations and to stonewall the release of documents to it.” [Spartacus Educational, 2/16/2006] The final report accuses White House officials of only releasing the information it wanted to provide and ignoring other requests entirely. One committee member says that trying to get information out of Colby and other CIA officials was like “pulling teeth.” For his part, Colby considers Pike a “jackass” and calls his staff “a ragtag, immature, and publicity-seeking group.” The committee is particularly unsuccessful in obtaining information about the CIA’s budget and expenditures, and in its final report, observes that oversight of the CIA budget is virtually nonexistent. Its report is harsh in its judgments of the CIA’s effectiveness in a number of foreign conflicts, including the 1973 Mideast war, the 1968 Tet offensive in Vietnam, the 1974 coups in Cyprus and Portugal, the 1974 testing of a nuclear device by India, and the 1968 invasion of Czechoslovakia by the Soviet Union, all of which the CIA either got wrong or failed to predict. The CIA absolutely refused to provide any real information to either committee about its involvement in, among other foreign escapades, its attempt to influence the 1972 elections in Italy, covert actions in Angola, and covert aid to Iraqi Kurds from 1972 through 1975. The committee found that covert actions “were irregularly approved, sloppily implemented, and, at times, had been forced on a reluctant CIA by the President and his national security advisers.” Indeed, the Pike Committee’s final report lays more blame on the White House than the CIA for its illegal actions, with Pike noting that “the CIA does not go galloping off conducting operations by itself…. The major things which are done are not done unilaterally by the CIA without approval from higher up the line.… We did find evidence, upon evidence, upon evidence where the CIA said: ‘No, don’t do it.’ The State Department or the White House said, ‘We’re going to do it.’ The CIA was much more professional and had a far deeper reading on the down-the-road implications of some immediately popular act than the executive branch or administration officials.… The CIA never did anything the White House didn’t want. Sometimes they didn’t want to do what they did.” [Gerald K. Haines, 1/20/2003]

Entity Tags: William Colby, Village Voice, Otis G. Pike, Robert McCory, Pike Committee, US Department of State, New York Times, Mitchell Rogovin, Ron Dellums, House Ethics Committee, Gerald Haines, Church Committee, Searle Field, Daniel Schorr, Henry A. Kissinger, Central Intelligence Agency, CBS News

Timeline Tags: Civil Liberties

Senator Frank Church.Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) [American Prospect, 11/5/2001; History Matters Archive, 3/27/2002; Assassination Archives and Research Center, 11/23/2002]
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. [Spartacus Educational, 12/18/2002]
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. [Assassination Archives and Research Center, 11/23/2002]
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” [Gerald K. Haines, 1/20/2003]

Entity Tags: Washington Post, Tom Clancy, William Colby, Southern Christian Leadership Conference, R. Emmett Tyrrell, Richard M. Nixon, HT Lingual, George Herbert Walker Bush, Jack Anderson, Frank Church, Church Committee, Central Intelligence Agency, Federal Bureau of Investigation, Sam Giancana, Jack Ruby, James R. Hoffa, Pike Committee, Martin Luther King, Jr., James A. Baker, Lee Harvey Oswald, John F. Kennedy, Jim McClure, Johnny Roselli, Warren Commission

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

FBI reward notice for Khalid Shaikh Mohammed.FBI reward notice for Khalid Shaikh Mohammed. [Source: FBI]Islamic militant Ramzi Yousef is sentenced to 240 years for his role in the 1993 WTC bombing. At the same time, prosecutors unseal an indictment against Khalid Shaikh Mohammed (KSM) for participating with Yousef in the 1995 Operation Bojinka plot (see January 6, 1995). In unsealing this, US Attorney Mary Jo White calls KSM a “major player” and says he is believed to be a relative of Yousef. [Washington Post, 1/9/1998] The US announces a $2 million reward for his capture in 1998 and wanted posters with his picture are distributed. [New York Times, 6/5/2002] This contradicts the FBI’s claim after 9/11 that they did not realize he was a major terrorist before 9/11. [US Congress, 12/11/2002] For instance, a senior FBI official later says, “He was under everybody’s radar. We don’t know how he did it. We wish we knew.… He’s the guy nobody ever heard of.” [Los Angeles Times, 12/22/2002] However, another official says, “We have been after him for years, and to say that we weren’t is just wrong. We had identified him as a major al-Qaeda operative before September 11.” [New York Times, 9/22/2002] Yet strangely, despite knowing KSM is a major al-Qaeda operations planner and putting out a large reward for his capture at this time, there is no worldwide public manhunt for him as there successfully was for his nephew Ramzi Yousef. KSM’s name remains obscure and he isn’t even put on the FBI’s Most Wanted Terrorists list until one month after 9/11. [Lance, 2003, pp. 327-30]

Entity Tags: Ramzi Yousef, Khalid Shaikh Mohammed, Mary Jo White, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mohamed al-Owhali.Mohamed al-Owhali. [Source: CNN]Before and after the August 7, 1998 attack on the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998), a bomber involved in that attack named Mohamed al-Owhali makes a series of calls to al-Qaeda associate Ahmed al-Hada, who runs an al-Qaeda communications hub in Sana’a, Yemen. Al-Owhali briefly stayed at the hub about three months before the bombings and made some calls from there. He then traveled to other locations, including Pakistan, and flew to Kenya on August 2. Beginning August 4, he makes a series of calls to al-Hada at the Yemen hub. The details of these calls have not been revealed, but they continue until about two hours before the embassy bombings take place. Al-Owhali is supposed to be martyred in the attack, but he runs away at the last minute and survives. Beginning on August 8, he repeatedly calls al-Hada, asking for help getting out of Kenya. He eventually receives $1,000 from him. Al-Hada is actually about to fly to Kenya to help al-Owhali get out when al-Owhali is arrested on August 12. Al-Hada also receives three calls from bin Laden’s satellite phone, which is being monitored by the NSA (see November 1996-Late August 1998). Following a raid by London police, the FBI allegedly trace a fax claiming responsibility for the attack through Baku, Azerbaijan, to bin Laden’s satellite phone, which leads them to the communications hub in Sana’a (however, it is likely that the NSA at least is already monitoring the hub phone number). Phone records for the hub direct them to al-Owhali in Nairobi. Al-Owhali has already been arrested based on a tip-off and, after the FBI interrogators realize he is lying to them, he confesses to calling the number. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001; United State of America v. Usama bin Laden, et al., Day 23, 3/27/2001; Observer, 8/5/2001] The translator during al-Owhali’s interviews is Mike Feghali, who will later be accused of serious improprieties after 9/11 by whistleblower Sibel Edmonds (see July-August 2001). [Federal Bureau of Investigation, 9/9/1998, pp. 1 pdf file] Author Lawrence Wright will say, “This Yemeni telephone number would prove to be one of the most important pieces of information the FBI would ever discover, allowing investigators to map the links of the al-Qaeda network all across the globe.” [Wright, 2006, pp. 275-8] The NSA may well already have been aware of the number since bin Laden’s monitored phone called it many times, but the US intelligence community now begins a joint effort to exploit it (see Late August 1998 and Late 1998-Early 2002). Other apparently inaccurate stories about how al-Owhali was captured have been reported in the press. [Reeve, 1999, pp. 48]

Entity Tags: Mohamed al-Owhali, Mike Feghali, Ahmed al-Hada, National Security Agency, Federal Bureau of Investigation, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Samir al-Hada, who helped run an al-Qaeda communications hub in Yemen.Samir al-Hada, who helped run an al-Qaeda communications hub in Yemen. [Source: CNN]Yemeni al-Qaeda operative Samir al-Hada is questioned over the embassy bombings in East Africa. A communications hub run by him and his father, Ahmed al-Hada, facilitated the attacks (see Late August 1998) and will also apparently facilitate the attack on the USS Cole and 9/11 (see Before October 12, 2000 and Early 2000-Summer 2001). Details of the questioning, such as the agency that performs it and what results are passed to US intelligence, are not known, but the communications hub the al-Hada family runs will subsequently be monitored and US intelligence will derive much useful information from it (see Late 1998-Early 2002) [New York Daily News, 2/14/2002] Samir al-Hada will die in an explosion in February 2002 (see February 13, 2002).

Entity Tags: Samir al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Al-Qaeda operatives use a communications hub in Sana’a, Yemen, to “put everything together” before the bombing of the USS Cole. The communications hub is run by Ahmed al-Hada, who US officials will later describe as “a prominent al-Qaeda member who is believed to have been involved in the Cole bombing.” The hub is monitored by US intelligence from 1998, at least, (see Late August 1998) and information gleaned from it is used to thwart a number of plots (see Late 1998-Early 2002). The US monitors the house through bugs planted inside and through spy satellites to monitor people leaving and entering it. The hub was also used before the 1998 embassy bombings and will be used to communicate with the 9/11 hijackers before 9/11 (see Early 2000-Summer 2001). [MSNBC, 2/14/2002; Mirror, 6/9/2002; MSNBC, 5/2005] When the FBI arrives in Yemen to investigate the bombing, it finds that “telephone records show[…] that suspects in the Cole bombing had been in touch with suspects from the 1998 embassy bombings in Kenya.” [Miller, Stone, and Mitchell, 2002, pp. 238] Calls between the hub and an al-Qaeda cell in Ireland that seems to have a connection to the Cole bombing are also intercepted during part of this period (see Late December 1999-October 12, 2000). It is unclear why the information does not allow the NSA to thwart the plot. Despite the scope of the monitoring, NSA Director Michael Hayden will later say there were no intercepts the NSA could have exploited to stop the bombing: “When the Cole disaster took place I had brought to my desk in, in this office, every stitch of NSA reporting on the—that could in any way be related to this. And I went thought it report by report and I sent a letter out to our entire work force, which was essentially, you performed well. Keep up the good work.” [CBS News, 6/19/2002]

Entity Tags: National Security Agency, Ahmed al-Hada, Michael Hayden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI asks the NSA to pass on all calls between an al-Qaeda communications hub in Yemen and the US. The hub, which is run by an operative named Ahmed al-Hada and was involved in the attacks on US embassies in East Africa (see Late August 1998), is a key al-Qaeda logistics center and intelligence gleaned from listening in on calls to and from it will help prevent some attacks (see August 4-25, 1998 and Late 1998-Early 2002). Dan Coleman, one of the FBI agents who places the request, will say, “anyone who called the Yemen number is white-hot, a top suspect.” However, the NSA will not inform the FBI of all calls between the hub and the US. [Suskind, 2006, pp. 94] In particular, two 9/11 hijackers will call the hub while they are in the US (see Early 2000-Summer 2001). However, the information will be withheld from the FBI and various explanations will be offered for this failure (see (Spring 2000), Summer 2002-Summer 2004, and March 15, 2004 and After).

Entity Tags: Federal Bureau of Investigation, National Security Agency, Dan Coleman

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dan ColemanDan Coleman [Source: CNN]Beginning in the autumn of 1998, the FBI uses the phone records of an al-Qaeda communications hub run by operative Ahmed al-Hada and his son Samir to build a map of al-Qaeda’s global organization. A map showing all the places in the world that have communicated with the hub is posted on the wall of the interagency counterterrorism I-49 squad in New York. The hub’s telephone number was uncovered during the East African embassy bombings investigation (see August 4-25, 1998 and Late August 1998). [Al Ahram, 2/21/2002; MSNBC, 7/21/2004; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] According to FBI agent and I-49 squad member Dan Coleman, al-Hada is “uncle of half the violent jihadists we knew in the country.” [Suskind, 2006, pp. 94] Several of his sons and sons-in-law are al-Qaeda operatives and some die fighting and training with radical Islamists; this is known to US intelligence before 9/11. Hijacker Khalid Almihdhar is also a son-in-law of al-Hada. [MSNBC, 2/14/2002; Fox News, 2/14/2002; Los Angeles Times, 12/21/2005] The number is monitored by the NSA and over the next three years it mines intelligence that helps authorities foil a series of plots, including planned attacks on the US Embassy in Paris and the US Consulate in Istanbul, along with an attempted airline hijacking in Africa. However, the hub also serves as a planning center for the 2000 attack on the USS Cole in Yemen, which is successful (see October 12, 2000). [US News and World Report, 3/15/2004] The CIA, as the primary organization for gathering foreign intelligence, has jurisdiction over conversations on the al-Hada phone. Helped by the NSA, it stakes out the house—tapping the phone, planting bugs, and taking satellite photographs of its visitors. However, the CIA apparently does not provide the FBI with all the relevant information it is obtaining about al-Qaeda’s plans. [Mirror, 6/9/2002; New Yorker, 7/10/2006 pdf file] For example, the FBI is not informed that hijackers Khalid Almihdhar and Nawaf Alhazmi make calls to the communications hub from the US between spring 2000 and summer 2001 (see Spring-Summer 2000 and Mid-October 2000-Summer 2001). The FBI also asks the NSA to pass any calls between the communications hub and the US to the FBI, but the NSA does not do this either (see Late 1998). [Suskind, 2006, pp. 94]

Entity Tags: Federal Bureau of Investigation, I-49, National Security Agency, Samir al-Hada, Khalid Almihdhar, Nawaf Alhazmi, Dan Coleman, Ahmed al-Hada, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Salem Alhazmi.Salem Alhazmi. [Source: FBI]As the NSA continues to monitor an al-Qaeda communications hub in Yemen run by hijacker Khalid Almihdhar’s father-in-law (see Late August 1998), they find references to Almihdhar and the hijacker brothers, Salem and Nawaf Alhazmi. They also learn that Almihdhar and Nawaf Alhazmi are long time friends. [9/11 Commission, 1/26/2004, pp. 6 pdf file; 9/11 Commission, 1/26/2004] In early 1999, the NSA intercepts communications mentioning the full name “Nawaf Alhazmi.” However, this information is not disseminated to the intelligence community, as it apparently does not meet NSA reporting thresholds. The 9/11 Congressional Inquiry will say, “Those thresholds vary, depending on the judgement of the NSA analyst who is reviewing the intercept and the subject, location, and content of the intercept.” Another intelligence organisation intercepts the same or similar calls and reports this to the NSA. The Inquiry comments: “NSA’s practice was to review such reports and disseminate those responsive to US intelligence requirements. For an undetermined reason, NSA did not disseminate the […] report.” [Associated Press, 9/25/2002; US Congress, 10/17/2002; US Congress, 7/24/2003, pp. 135 pdf file] The NSA continues to intercept such calls and finds more information a few months later (see Summer 1999 and Late Summer 1999). Near the end of 1999, there will be additional intercepts that give Khalid Almihdhar’s full name and the first names of the other two (see Shortly Before December 29, 1999). But while the NSA will provide some information about these new intercepts to the CIA and other agencies, they will not go back to the earlier intercepts to figure out Nawaf’s full name and close connection to Almihdhar (see December 29, 1999).

Entity Tags: 9/11 Congressional Inquiry, Nawaf Alhazmi, National Security Agency, Salem Alhazmi, Federal Bureau of Investigation, Khalid Almihdhar, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A large group of Islamic Jihad operatives are sentenced in Cairo in what becomes known as the “Trial of the Albanian Returnees.” Various disclosures are made at the trial about the way Islamic Jihad operated and how it provided support to al-Qaeda by forging travel documents, transferring money, and arranging communications. One of the revelations is that al-Qaeda has a key communication hub in Yemen. Despite this revelation (see Late 1998-Early 2002), al-Qaeda will continue to use it through 2001 (see Early 2000-Summer 2001). The defendants were arrested not only in Egypt, but also in Albania, Bulgaria, Azerbaijan, and the United Arab Emirates. In 1995, the CIA arranged a deal with Egypt to capture Islamic Jihad operatives around the world and send them to Egypt to be tortured and prosecuted (see Summer 1995). Eighty-seven of the defendants are convicted and ten are sentenced to death, including al-Zawahiri, who is tried in absentia. [New York Times, 11/21/2001] One of the convicted is Khaled Abu el-Dahab, who was operating a sleeper cell in California with double agent Ali Mohamed throughout the 1990’s (see 1987-1998). El-Dahab is sentenced to fifteen years in prison (see September 10, 1998). There are credible reports that many of the defendants confessed after being tortured in Egypt and Albania. [New York Times, 11/21/2001; Wright, 2006, pp. 269] The trial nearly eradicates the remnants of Islamic Jihad in Egypt and, according to some of the defendants, leaves only about forty members outside of Egypt. Al-Zawahiri and the other remaining members end up allying even closer to al-Qaeda. The two organizations will formally merge in early 2001 (see June 2001). [Wright, 2006, pp. 336]

Entity Tags: Ayman al-Zawahiri, Khaled Abu el-Dahab, Islamic Jihad, Egypt, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

NSA servers used to collect and sift data.NSA servers used to collect and sift data. [Source: FrancesFarmersRevenge.com]The National Security Agency (see 1952) begins building a massive data-mining system, code-named “Trailblazer,” that is intended to sift through reams of digital communications intercepts and find nuggets of information relevant to national security. The program’s task is huge—to sort through the 2 million bits of data the NSA collects every hour—and one made even more complex by the relatively new types of wireless, Internet, cell phone, and instant messaging communications now becoming ever more commonplace. Trailblazer is strongly embraced by General Michael Hayden, who became the NSA’s director in March 1999. Hayden recognizes from the outset that the NSA is years behind the technological curve, and casts Trailblazer as the future of the agency’s intelligence gathering and sorting. In November 1999, Hayden makes Trailblazer the centerpiece of his “100 Days of Change,” his plan to transform the agency into a leaner, more efficient organization, fast-tracking the program to vault it ahead of other initiatives. “It was going to structure us to handle the digital revolution,” a former intelligence official will recall. But from the outset the program has problems: a meeting between NSA and other government officials in December 1999 is unpromising, and, according to one government oversight official, the program “kicked off with not a real great definition of what it was trying to achieve.” Program managers fail to define standard data formats to allow for the proper sorting of information. After six years, $1.2 billion in expenditures, and endless man-hours of work, the utterly failed program will be recognized as the “biggest boondoggle… in the intelligence community” (see January 2006). [Baltimore Sun, 1/29/2006]

Entity Tags: Trailblazer, National Security Agency, Michael Hayden

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A phone bill of one of the 9/11 hijackers. More details are unknown.A phone bill of one of the 9/11 hijackers. More details are unknown. [Source: Canadian Broadcasting Corporation]While living in the US, the 9/11 hijackers make at least 206 international phone calls. In 2006, these calls will be mentioned in a German intelligence report based on telephone records obtained from the FBI. There are 66 calls to Syria, 32 calls to Saudi Arabia, and 29 calls to Germany. A majority of the call are made from a cell phone registered to hijacker Marwan Alshehhi. Additional details on who was called, who else made the calls, when the calls were made, what other countries were called, etc… have not been made public. The Chicago Tribune will later note that the calls to Germany are not surprising since Alshehhi and some others were living there, but “the hijackers’ connections to Saudi Arabia and Syria are far from fully explained.” [Chicago Tribune, 3/8/2006] It is unknown when these calls were discovered, but reports suggest at least some of the hijackers’ international calls were being monitored by US intelligence as they were made (see Summer 2001, September 10, 2001, and Early 2000-Summer 2001).

Entity Tags: Marwan Alshehhi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

While the 9/11 hijackers are in the US, the NSA intercepts several calls between them and an al-Qaeda communications hub in Sana’a, Yemen, run by Ahmed al-Hada, who is hijacker Khalid Almihdhar’s father-in-law (see August 4-25, 1998).
Summary of Calls -
bullet The first calls are made by Almihdhar and are intercepted during the spring and summer of 2000 (see Spring-Summer 2000).
bullet More calls are made by hijacker Nawaf Alhazmi after the bombing of the USS Cole in October 2000 (see Mid-October 2000-Summer 2001).
bullet The final call from the US is intercepted just a few weeks before 9/11 (see (August 2001)).
The NSA intercepted the hijackers’ calls outside the US before this (see Early 1999 and December 29, 1999) and continues to do so in 2000 (see Summer 2000) after Almihdhar returns to Yemen (see June 10, 2000 and (Mid-June-Mid-July 2000)).
Calls' Content - Some of the calls may only contain non-operational information, as they are reportedly between Almihdhar and his wife. [9/11 Commission, 7/24/2004, pp. 222; Suskind, 2006, pp. 94; Wright, 2006, pp. 343] However, the calls are also used to relay messages to the 9/11 hijackers. [Embassy of Yemen (Washington), 2/13/2002; MSNBC, 2/14/2002; MSNBC, 5/2005]
Agencies' Roles - The CIA is the lead agency monitoring the communications hub. It has planted bugs inside it and is wiretapping all calls (see Late August 1998). Intercepts of calls to and from the hub are a major plank of the US intelligence community’s effort to fight al-Qaeda. Also involved is the FBI, which is using phone records to plot these calls on a map (see Late 1998-Early 2002). Some of the calls intercepted by US intelligence come from Osama bin Laden’s satellite phone in Afghanistan (see August 4-25, 1998 and Late August 1998). After 9/11, counterterrorism officials will say that the number was one of the hottest targets being monitored by the NSA and was an “intelligence bonanza.” [Los Angeles Times, 12/21/2005; Wright, 2006, pp. 343]
Importance of Failure - Also after 9/11, counterterrorism officials will agree that the failure to follow leads to the US from this number was a huge missed opportunity to stop the 9/11 plot. For instance, FBI agent Kenneth Maxwell will say: “Two al-Qaeda guys living in California—are you kidding me? We would have been on them like white on snow: physical surveillance, electronic surveillance, a special unit devoted entirely to them.” [MSNBC, 7/21/2004; New Yorker, 7/10/2006 pdf file]
Discussed after 9/11 - The failure to roll up the plot based on these communications intercepts will be discussed following 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Khalid Almihdhar, Nawaf Alhazmi, National Security Agency, Hoda al-Hada, Ahmed al-Hada, Kenneth Maxwell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Around eight calls made by hijacker Khalid Almihdhar from San Diego to an al-Qaeda communications hub in Sana’a, Yemen, run by his father-in-law Ahmed al-Hada are intercepted by the NSA. [US Congress, 7/24/2003, pp. xii, 16-17, 157 pdf file; Los Angeles Times, 12/21/2005; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] At least one of the calls is made from a phone registered to hijacker Nawaf Alhazmi in their San Diego apartment. [US Department of Justice, 11/2004, pp. 251 pdf file] Other calls are made from a mobile phone registered to Alhazmi. [McDermott, 2005, pp. 296] Calls may also be made from the communications hub to the US. [MSNBC, 7/21/2004]
Dates of Calls - One of the calls takes place days after they move into their San Diego apartment in February (see January 15-February 2000). [MSNBC, 7/21/2004] Another is on March 20, 2000 and lasts 16 minutes. [Federal Bureau of Investigation, 10/2001, pp. 57 pdf file; US Department of Justice, 11/2004, pp. 251 pdf file]
Intercepted by NSA - Although NSA analysts pick up Almihdhar’s first name, “Khalid,” they do not connect it to his second name, even though the NSA has been intercepting communications to and from the hub involving him throughout 1999 (see Early 1999 and December 29, 1999) and he is on the NSA watch list at this point (see Mid-January 2000). [US Congress, 7/24/2003, pp. xii, 16, 157 pdf file; US News and World Report, 3/15/2004] Some, or perhaps all, of these calls are between Almihdhar and his wife, who lives at the communications hub and reportedly gives birth to a daughter in early 2000 while Almihdhar is in the US. [9/11 Commission, 7/24/2004, pp. 222; Suskind, 2006, pp. 94; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] However, the NSA analysts suspect that Khalid is part of an “operational cadre.” [US News and World Report, 3/15/2004]
Dissemination and Content - According to the 9/11 Congressional Inquiry, the NSA disseminates some of this information to the FBI, CIA, and other agencies, but not all of it, as it apparently does not meet reporting thresholds. It is unclear why it does not meet such thresholds, although some sources will suggest Almihdhar was just talking to his wife. [US Congress, 7/24/2003, pp. 157 pdf file; US News and World Report, 3/15/2004; 9/11 Commission, 7/24/2004, pp. 222; Suskind, 2006, pp. 94] Another source suggests operational information was passed on during the calls (see Early 2000-Summer 2001). However, two FBI agents who worked on al-Qaeda cases relating to Yemen, Dan Coleman and Ali Soufan, will later claim that they and other senior counterterrorism officials only learn about these calls after 9/11. [Los Angeles Times, 12/21/2005; Suskind, 2006, pp. 94; New Yorker, 7/10/2006 pdf file]
Significance - Author Lawrence Wright will comment: “You know, this is the key. The NSA is all over this phone. And everybody, you know, that has any connection with it is drawing links from that phone. Now imagine eight lines from Yemen to San Diego. How obvious would it be that al-Qaeda is in America[?]” [Federal News Service, 10/5/2006]
Other Calls - The NSA also intercepts various other communications between the hijackers and the communications hub (see Early 2000-Summer 2001).

Entity Tags: Ahmed al-Hada, Al-Qaeda, Salem Alhazmi, Khalid Almihdhar, Nawaf Alhazmi, National Security Agency, Osama bin Laden, Lawrence Wright, 9/11 Congressional Inquiry

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The King Fahd Mosque in Culver City.The King Fahd Mosque in Culver City. [Source: Damian Dovarganes]Hijackers Khalid Almihdhar and Nawaf Alhazmi travel to Los Angeles with an associate, Mohdar Abdullah, before Almihdhar leaves the US the next day (see June 10, 2000). When they visit the King Fahd Mosque in Culver City, Abdullah is surprised that Alhazmi and Almihdhar already know several people at the mosque. Abdullah will later say, “I was surprised that anybody at the mosque knew them, because as far as I knew Alhazmi and Almihdhar hadn’t visited Los Angeles since they arrived in the US.” They meet one of the hijackers’ Los Angeles acquaintances, known as Khallam, again later that night at their motel. According to the 9/11 Commission, Khallam asks Abdullah to leave the motel room, so he can talk to Alhazmi and Almihdhar in private. However, Abdullah will later dispute this, saying he is not asked leave the room, but that Alhazmi leaves to make an international phone call from a pay phone. The identity of the person he calls is unknown, but it is possible that he talks to Ahmed al-Hada, an al-Qaeda operative whose safe house is monitored by the US and who Alhazmi sometimes calls from the US (see Early 2000-Summer 2001). Khallam will apparently never be found after 9/11. The FBI will consider the possibility that he is Khallad bin Attash, as there are some reports that bin Attash is in the US at this time and met the mosque’s imam, Fahad al Thumairy. However, this theory will never be confirmed. [Los Angeles Times, 7/24/2004; 9/11 Commission, 7/24/2004, pp. 216, 514] The next day, Alhazmi, Abdullah and an unknown man make a casing video at Los Angeles Airport (see June 10, 2000). It is possible that the third man is Khallam.

Entity Tags: Mohdar Abdullah, Nawaf Alhazmi, Khallam, Khalid Almihdhar, 9/11 Commission, Fahad al Thumairy, Khallad bin Attash, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Khalid Almihdhar.Khalid Almihdhar. [Source: FBI]9/11 hijacker Khalid Almihdhar flies from San Diego to Frankfurt, Germany. [US Congress, 9/20/2002] He is accompanied to the airport by another hijacker, Nawaf Alhazmi, and an unnamed associate (see June 10, 2000). Authorities later believe that Almihdhar visits his cousin-in-law Ramzi Bin al-Shibh and other al-Qaeda members in bin al-Shibh’s cell. Since the CIA fails to notify Germany about its suspicions of Almihdhar and bin al-Shibh, both of whom were seen attending the al-Qaeda summit in Malaysia in January, German police fail to monitor them and another chance to uncover the 9/11 plot is missed. [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file] FBI Director Mueller and the congressional inquiry into 9/11 will claim that Almihdhar does not return to the US for over a year [US Congress, 9/20/2002; US Congress, 9/26/2002] , although it is possible that Almihdhar does return before then. For instance, there are indications Almihdhar attends a flight school in Arizona in early 2001. [Arizona Republic, 9/28/2001]

Entity Tags: Ramzi bin al-Shibh, Khalid Almihdhar, Central Intelligence Agency, Robert S. Mueller III, 9/11 Congressional Inquiry, Federal Bureau of Investigation, Germany

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After 9/11 hijacker Khalid Almihdhar returns to the Middle East (see June 10, 2000 and (Mid-June-Mid-July 2000)), the NSA continues to intercept his telephone calls to and from an al-Qaeda communications hub in Sana’a, Yemen, where his wife and children live. US intelligence understands that this is one of the most important al-Qaeda hot spots, and has been closely monitoring it since at least late 1998 (see August 4-25, 1998 and Late 1998-Early 2002). It also intercepts calls between hijacker Salem Alhazmi and the hub, as well as conversations between his brother, hijacker Nawaf Alhazmi, in the US and the hub (see Mid-October 2000-Summer 2001). [US Congress, 7/24/2003, pp. 157 pdf file; 9/11 Commission, 7/24/2004, pp. 222; Wright, 2006, pp. 343] The NSA had previously intercepted calls made by the hijackers to and from the communications hub, both when they were in the US and outside it (see Early 2000-Summer 2001).

Entity Tags: Salem Alhazmi, Khalid Almihdhar, Nawaf Alhazmi, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the months after the USS Cole is bombed in autumn 2000 (see October 12, 2000), the NSA intercepts about half a dozen communications between hijacker Nawaf Alhazmi in the US and an al-Qaeda communications hub in Sana’a, Yemen, run by hijacker Khalid Almihdhar’s father in law, Ahmed al-Hada. [MSNBC, 7/21/2004; Los Angeles Times, 12/21/2005; US President, 12/26/2005 pdf file] The hub and people associated with it are thought to have played a support role in the Cole bombing (see also October 14-Late November, 2000 and October 4, 2001). [CNN, 2/14/2002; MSNBC, 7/21/2004] It was also involved in the bombing of US embassies in Tanzania and Kenya (see August 4-25, 1998). The NSA has been monitoring the number for at least two years (see Late August 1998) and the FBI has used it to map al-Qaeda’s global organisation (see Late 1998-Early 2002). The NSA had previously intercepted calls between hijacker Khalid Almihdhar in the US and the hub (see Spring-Summer 2000 and Early 2000-Summer 2001) and also intercepts a call between Alhazmi and the hub a few weeks before 9/11 (see (August 2001)).

Entity Tags: Nawaf Alhazmi, National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s investigation of the USS Cole bombing in Aden, Yemen, connects the bombers to an al-Qaeda communications hub in Sana’a, the country’s capital, which has been monitored by the US for at least two years (see Late August 1998 and Mid-August 1998-October 2000). It was also used in the East African embassy bombings (see August 4-25, 1998) and will be used by the 9/11 hijackers (see Early 2000-Summer 2001). It is not known when this connection is made. No apparent action is taken against Ahmed al-Hada, the operative who runs the communications hub, before 9/11. However, this may be due to the importance of intelligence generated from his phone (see Late 1998-Early 2002). In early 2001, al-Hada will be publicly identified as an al-Qaeda operative at the embassy bombings trial, when his phone number is disclosed openly in court and reported in the media (see February 2001 and After). Yet he still is not publicly indicted for either the embassy bombings or the Cole bombing, even though a number of other fugitives are publicly indicted. In 2002, US officials will describe al-Hada as a “prominent al-Qaeda member who is believed to have been involved in the Cole bombing,” and say his phone was used by the bombers to relay messages and “put everything together” before the attack. [MSNBC, 2/14/2002; MSNBC, 5/2005]

Entity Tags: Federal Bureau of Investigation, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to the 9/11 Commission, Khalid Almihdhar may take a flight from Syria to Iran and continue from there to a point near the Afghan border. The 9/11 Commission will mention this flight in a section dealing with possible co-operation between Iran, Hezbollah, and al-Qaeda on travel issues—Iran was allegedly allowing al-Qaeda operatives to pass through it on their way to and from Afghanistan without stamping their passports (see October 8-13, 2000, After October 12, 2000, and Mid-November, 2000)—but there are no direct links between this flight and Iranian operatives. The 9/11 Commission’s statement that Almihdhar entered Iran at this time will be based on intelligence reports from the NSA, mostly drafted shortly after 9/11. The NSA has been intercepting Almihdhar’s calls for some time, so it may have obtained this information from these intercepts (see and Late August 1998 and Early 2000-Summer 2001). [9/11 Commission, 7/24/2004, pp. 241, 529; Shenon, 2008, pp. 370-3] Almihdhar was at the Yemen hub earlier in February, which is closely monitored by US intelligence at the time, so the NSA would have had a good opportunity to track his movements from there (see February 2001).

Entity Tags: National Security Agency, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During the trial of men accused of the 1998 East African embassy bombings, an FBI witness mentions that one of the defendants, Mohamed al-Owhali, told investigators that he had stayed in a Yemen-based al-Qaeda communications hub run by Ahmed al-Hada. He also revealed that he had called the hub before and after the Nairobi bombing. (Note: al-Hada’s surname is transliterated as “al-Hazza” during the trial.) The existence of the communications hub in Yemen is then reported by the US State Department, CNN, the Guardian, and UPI over the next few months. [United Press International, 2/13/2001; US Department of State, 3/7/2001; United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001; CNN, 5/2/2001; Observer, 8/5/2001] The hub was also previously mentioned at a big trial of Islamic Jihad operatives in Cairo (see 1999). The 9/11 hijackers have been calling the communications hub by phone since early 1999, at least (see, e.g., Early 1999). The calls are being intercepted by the NSA and some of them have originated from within the US (see Early 2000-Summer 2001). Perhaps unaware that the hub’s existence has been disclosed, they will make at least one more call to the hub (see (August 2001)).

Entity Tags: Salem Alhazmi, Nawaf Alhazmi, Khalid Almihdhar, Ahmed al-Hada, National Security Agency, Mohamed al-Owhali

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

One of the approximately 30 radomes at the Echelon station in Menwith Hill, England. A radome covers an antenna to protect it from the weather and disguise the direction it is pointing.One of the approximately 30 radomes at the Echelon station in Menwith Hill, England. A radome covers an antenna to protect it from the weather and disguise the direction it is pointing. [Source: Matt Crypto / Public domain]The BBC reports on advances in electronic surveillance. The US’s global surveillance program, Echelon, has become particularly effective in monitoring mobile phones, recording millions of calls simultaneously and checking them against a powerful search engine designed to pick out key words that might represent a security threat. Laser microphones can pick up conversations from up to a kilometer away by monitoring window vibrations. If a bug is attached to a computer keyboard, it is possible to monitor exactly what is being keyed in, because every key on a computer has a unique sound when depressed. [BBC, 4/4/2001] Furthermore, a BBC report on a European Union committee investigation into Echelon one month later notes that the surveillance network can sift through up to 90 percent of all Internet traffic, as well as monitor phone conversations, mobile phone calls, fax transmissions, net browsing history, satellite transmissions and so on. Even encryption may not help much. The BBC suggests that “it is likely that the intelligence agencies can crack open most commercially available encryption software.” [BBC, 5/29/2001]

Entity Tags: Echelon, British Broadcasting Corporation

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

Future 9/11 hijacker Khalid Almihdhar probably visits the closely monitored al-Qaeda communications hub in Yemen again. While it will not be reported that he is at the hub at this time, it is known that he flies from Sana’a, Yemen, to Saudi Arabia on May 26, 2001 (see May 26, 2001), and the Yemen hub is in Sana’a. [Bamford, 2008, pp. 64] Furthermore, Almihdhar’s wife, his recently born baby, and other family members live in the hub (which is run by his father-in-law Ahmed al-Hada). It would seem highly likely he would not pass through Sana’a without visiting his family. Almihdhar stayed at the hub for around a month in June 2000 (see (Mid-June-Mid-July 2000)) and then visited it again in February 2001 (see February 2001). Details of Almihdhar’s travels are unclear, but he may have traveled to Afghanistan via Iran later in February (see February 2001). He is in the United Arab Emirates and Malaysia in June 2001. [9/11 Commission, 7/24/2004, pp. 237] Each time Almihdhar visits the hub presents a great opportunity for the CIA and NSA, because they have been closely monitoring the hub for years. Phone calls to and from the hub, including ones made by Almihdhar and other 9/11 hijackers, are intercepted, rooms in the building are bugged, and spy satellites record visitors (see Late August 1998, Late 1998-Early 2002, and Early 2000-Summer 2001). Based on information gained from monitoring this house, the CIA and local intelligence services mounted a major operation against Almihdhar, other 9/11 hijackers, and several more al-Qaeda operatives in December 1999 and January 2000, when they were followed around the Middle East and South Asia and monitored during an al-Qaeda summit in Malaysia (see December 29, 1999, January 2-5, 2000, and January 5-8, 2000). So presumably US intelligence should be aware of this visit to the hub and who Almihdhar is, but what exactly is known and who may know it will not be made public.

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Around this time, the NSA intercepts telephone conversations between 9/11 mastermind Khalid Shaikh Mohammed (KSM) and 9/11 hijacker Mohamed Atta, but apparently it does not share the information with any other agencies. The FBI has had a $2 million reward for KSM since 1998 (see January 8, 1998), while Atta is in charge of hijacker operations inside the US. [Knight Ridder, 6/6/2002; Independent, 6/6/2002] The monitored calls between the two of them continue until September 10, one day before the 9/11 attacks (see September 10, 2001). The NSA either fails to translate these messages in a timely fashion or fails to understand the significance of what was translated. [Knight Ridder, 6/6/2002] However, it will later be revealed that an FBI squad built an antenna in the Indian Ocean some time before 9/11 with the specific purpose of listening in on KSM’s phone calls, so they may have learned about these calls to Atta on their own (see Before September 11, 2001).

Entity Tags: Mohamed Atta, National Security Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A CIA report says that a man named “Khaled” is actively recruiting people to travel to various countries, including the US, to stage attacks. CIA headquarters presume from the details of this report that Khaled is Khalid Shaikh Mohammed (KSM). On July 11, the individual source for this report is shown a series of photographs and identifies KSM as the person he called “Khaled.” [USA Today, 12/12/2002; 9/11 Commission, 7/24/2004, pp. 277, 533] This report also reveals that:
bullet Al-Qaeda operatives heading to the US would be “expected to establish contact with colleagues already living there.”
bullet KSM himself had traveled to the US frequently, and as recently as May 2001.
bullet KSM is a relative of bomber Ramzi Yousef.
bullet He appears to be one of bin Laden’s most trusted leaders.
bullet He routinely tells others that he can arrange their entry into the US as well. However, the CIA doesn’t find this report credible because they think it is unlikely that he would come to the US (in fact, it appears he had (see Summer 1998)). Nevertheless, they consider it worth pursuing. One agent replies, “If it is KSM, we have both a significant threat and an opportunity to pick him up.” In July, the source clarifies that the last time he can definitely place KSM in the US was in the summer of 1998 (see Summer 1998). The CIA disseminates the report to all other US intelligence agencies, military commanders, and parts of the Treasury and Justice Departments. The 9/11 Congressional Inquiry will later request that the CIA inform them how CIA agents and other agencies reacted to this information, but the CIA does not respond to this. [US Congress, 7/24/2003] It appears that KSM will send at least one and probably two operatives to the US after this time and before 9/11 (see August 4, 2001 and September 10, 2001). On July 23, 2001, the US consulate in Jeddah, Saudi Arabia will give KSM a US visa (he uses an alias but his actual photo appears on his application) (see July 23, 2001). Also, during this summer and as late as September 10, 2001, the NSA will intercept phone calls between KSM and Mohamed Atta, but the NSA will not share this information with any other agencies (see Summer 2001).

Entity Tags: Central Intelligence Agency, US Department of Justice, US Department of the Treasury, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A MASCAL (mass casualty) training exercise is held at Fort Belvoir, an army base 12 miles south of the Pentagon. It is “designed to enhance the first ready response in dealing with the effects of a terrorist incident involving an explosion.” [MDW News Service, 7/5/2001]

Entity Tags: Fort Belvoir

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The NSA monitors calls between an al-Qaeda communications hub in Yemen and one or more operatives involved in a plot to attack the US embassy in Paris. The communications hub in Yemen is run by Ahmed al-Hada, father-in-law of 9/11 hijacker Khalid Almihdhar, who is also involved in the US embassy bombings (see August 4-25, 1998), the USS Cole bombing (see Mid-August 1998-October 2000), and 9/11 (see Early 2000-Summer 2001). The Paris plot is apparently foiled based on this information, although the details are sketchy. [US News and World Report, 3/15/2004] The name of the operative or operatives who talk to the communications hub in Yemen is unknown. One candidate is Djamel Beghal, who will be arrested on July 28 (see July 24 or 28, 2001) based on a tip-off issued by the CIA to partner agencies on July 3 (see July 3, 2001). Another is Nizar Trabelsi, who will be arrested on September 13, although Trabelsi may be arrested based on information gleaned from Beghal. Both Beghal (see Spring 1998) and Trabelsi (see September 13, 2001) are connected to a plot to destroy an airliner with a shoe bomb, but this is not stopped (see December 22, 2001).

Entity Tags: Djamel Beghal, Al-Qaeda, Nizar Trabelsi, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An unknown intelligence agency intercepts a telephone call between alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) and his associate Ramzi bin al-Shibh. [9/11 Commission, 2004; 9/11 Commission, 3/18/2004] In the call, KSM and bin al-Shibh discuss the state of the 9/11 plot, in particular the fact that Ziad Jarrah, one of the proposed pilots, may drop out. They speak in a code, substituting unexceptional words for what they really mean. [9/11 Commission, 3/18/2004] KSM instructs bin al-Shibh to send the “skirts,” meaning money forwarded to bin al-Shibh by an associate of KSM, to “Sally,” meaning Moussaoui. [9/11 Commission, 7/24/2004, pp. 246] The reason for this is that “Teresa,” meaning Jarrah, is “late,” i.e. he is wavering and may drop out of the plot, due to possible conflicts with lead hijacker Mohamed Atta about Jarrah’s isolation from the conspiracy. It therefore appears that KSM is thinking of Moussaoui as a replacement for Jarrah. According to a 9/11 Commission memo, KSM says something like, “if there is a divorce, it will cost a lot of money.” Bin al-Shibh then tries to reassure him, saying it will be okay. The conversation also mentions “Danish leather,” an apparent reference to failed “20th hijacker” Mohamed al-Khatani (see August 4, 2001). [9/11 Commission, 3/18/2004] The agency which intercepts this call is never identified to the public, although the NSA is reportedly intercepting such calls to and from KSM at this time (see Summer 2001). The 9/11 Commission will mention the call in a staff statement and its final report, but will not mention that it was intercepted, merely citing detainee interrogations as the source of information about it. [9/11 Commission, 6/16/2004, pp. 16-17; 9/11 Commission, 7/24/2004, pp. 246, 530]

Entity Tags: Zacarias Moussaoui, Ramzi bin al-Shibh, Ziad Jarrah, Khalid Shaikh Mohammed, Al-Qaeda, Mohamed al-Khatani

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The NSA has been intercepting calls between at least two 9/11 hijackers, Nawaf Alhazmi and Khalid Almihdhar, in the US and an al-Qaeda communications hub in Sana’a, Yemen, run by al-Qaeda operative Ahmed al-Hada over an approximately 18-month period before 9/11 (see Early 2000-Summer 2001). According to MSNBC, the final intercepted call comes “only weeks” before 9/11. [MSNBC, 7/21/2004] Around the same time there is great alarm in the US intelligence community over a communications intercept in Yemen indicating there was going to be a major al-Qaeda attack against US interests (see June 30-July 1, 2001). Further, the investigation of the USS Cole bombing has reignited interest in Almihdhar and Alhazmi on the part of the US intelligence community since at least June 2001 (see June 11, 2001 and July 13, 2001). The two of them are placed on an international no-fly list in late August (see August 23, 2001).

Entity Tags: National Security Agency, Khalid Almihdhar, Ahmed al-Hada, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US Army is preparing to severely restrict public access to its posts in the Washington, DC area. For decades, visitors have been able to enter these bases freely. But now, as a probably permanent change, barriers will be erected across many roads leading into them, funneling traffic to a few roads staffed by guards. Drivers entering without proper registration will be sent to a visitor’s center to obtain a guest pass. [Washington Post, 8/15/2001] The new measures will mean commanders know who is entering their installations 24 hours a day, and give them the capability to adjust security measures immediately if required. [MDW News Service, 8/3/2001] The changes will occur at all installations belonging to the Military District of Washington (MDW). [MDW News Service, 7/2001] These include forts Hamilton, Meade, Belvoir, Ritchie, Myer, and McNair. Several of these bases will be reported as having implemented the changes in the following weeks, prior to September 11 (see August 20, 2001)(see September 4, 2001)(see September 5, 2001). Whether the changes take place at the other MDW installations prior to 9/11 is unknown. Part of MDW’s stated mission is to “respond to crisis, disaster or security requirements in the National Capital Region through implementation of various contingency plans.” [Military District of Washington, 8/2000; GlobalSecurity (.org), 11/28/2001] It will therefore be much involved with the rescue and recovery efforts following the 9/11 Pentagon attack. [Army, 10/2004] The restriction of access to MDW posts stems from guidance from Army leadership and specifically from MDW Commander Maj. Gen. James Jackson. [MDW News Service, 7/2001] It is reportedly part of a nationwide security clampdown due to concerns about terrorism, following such attacks as the Oklahoma City bombing and the attack on the USS Cole. [Washington Post, 8/15/2001]

Entity Tags: Military District of Washington, US Department of the Army

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Fort Meade, a US Army installation located between Baltimore and Washington, DC, begins strict new entrance restrictions. For decades, visitors such as churchgoers and parents taking their children to schools on the base have been able to enter the post freely. But the Army is now closing seven access points, with only four points remaining open full time and four others part time. The restrictions, part of a security crackdown ordered by Army leaders concerned about terrorism, will require visitors to stop at a visitor’s center and obtain a day pass allowing them to enter and travel on the base. [Washington Post, 8/15/2001; Laurel Leader, 8/23/2001; Laurel Leader, 8/23/2001] Fort Meade is home to about 10,000 military personnel and 25,000 civilian employees. Its major tenant units include the National Security Agency (NSA), the US Army Intelligence and Security Command (INSCOM), and the US Air Force’s 694th Intelligence Group. [Military District of Washington, 8/2000; GlobalSecurity (.org), 4/9/2002] All other installations in the Military District of Washington are currently implementing similar access restrictions (see August 15, 2001). [MDW News Service, 7/2001]

Entity Tags: Fort Meade, Military District of Washington

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI headquarters agent Dina Corsi asks the FBI’s New York field office to open an intelligence investigation into future 9/11 hijacker Khalid Almihdhar and locate him in the US. Corsi’s written request mentions Almihdhar’s arrival in the US in July 2001 (see July 4, 2001), his previous travel to the US in January 2000 with Nawaf Alhazmi (see January 15, 2000), his attendance at al-Qaeda’s Malaysia summit (see January 5-8, 2000), his association with an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), and similarities between his travel and that of Fahad al-Quso, Ibrahim al-Thawar (a.k.a. Nibras), and Khallad bin Attash (see January 13, 2000), operatives involved in the bombing of the USS Cole. Corsi does not mention that the CIA knows bin Attash also attended the Malaysia summit, as this information has not officially been passed to the FBI yet. [US Department of Justice, 11/2004, pp. 304 pdf file]

Entity Tags: Usama bin Laden Unit (FBI), Khallad bin Attash, Ibrahim al-Thawar, FBI Headquarters, Khalid Almihdhar, Dina Corsi, Fahad al-Quso

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

I-49, a squad of FBI agents and Justice Department prosecutors that began focusing on bin Laden in 1996 (see January 1996), is upset that the NSA is not sharing its monitoring of the phone calls of Khalid Shaikh Mohammed (KSM). The squad builds their own antenna in Madagascar specifically to intercept KSM’s calls. [Wright, 2006, pp. 344] It has not been revealed when this antenna was built or what was learned from this surveillance. However, there have been media reports that the NSA monitored some phone calls between KSM and Mohamed Atta in the summer of 2001 (see Summer 2001). Further, US intelligence monitored a call between KSM and Atta a day before 9/11 that was the final go-ahead for the attacks (see September 10, 2001). So presumably the I-49 squad should have known about these calls as well if this antenna did what it was designed to do.

Entity Tags: Mohamed Atta, National Security Agency, I-49, Federal Bureau of Investigation, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Defense Logistics Agency Headquarters Complex at Fort Belvoir.The Defense Logistics Agency Headquarters Complex at Fort Belvoir. [Source: US Army] (click image to enlarge)The US Army sharply restricts public access to Fort Belvoir, one of its installations about 12 miles south of the Pentagon. After being an open post for over 25 years, Belvoir has now erected barriers across many of the roads leading into it, leaving only six guarded gates as points of entry and exit. Twenty access points are being permanently closed. Visitors must now register their vehicles at a visitor’s center or get a day pass to enter the base. [MDW News Service, 7/2001; Washington Post, 8/15/2001] The access restrictions will allow commanders to know who is entering the base 24 hours a day and adjust security measures immediately if needed. [MDW News Service, 8/3/2001] All other Military District of Washington (MDW) installations are implementing similar changes, due to Army concerns about terrorism (see August 15, 2001). Fort Belvoir has about 20,000 workers and is home to many different agencies, including the US Army Intelligence and Security Command (INSCOM), plus the headquarters of the Defense Logistics Agency and the Defense Technical Information Service. [Military District of Washington, 8/2000; Washington Post, 8/15/2001; GlobalSecurity (.org), 10/21/2001] Occupying over 500 acres at Belvoir is Davison Army Airfield. The 12th Aviation Battalion, which is MDW’s aviation-support unit, is stationed at Davison. This operates UH1 “Huey” and UH60 Black Hawk helicopters in support of training and “contingencies” for various MDW units. [Military District of Washington, 8/2000; GlobalSecurity (.org), 1/5/2002] The Washington Post has reported, “Fort Belvoir will be holding exercises the next two Tuesdays to test the changes” in access to the base. [Washington Post, 8/15/2001] This will therefore include September 11 (a Tuesday). Other reports will confirm an antiterrorism exercise being conducted at Belvoir on 9/11 (see 8:30 a.m. September 11, 2001).

Entity Tags: Fort Belvoir, Military District of Washington

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Fort Myer and Fort Lesley J. McNair, both within two miles of the Pentagon, implement “full access control,” which means they increase the level of military police surveillance of those who enter them. Visitors are now required to register and sign in at a visitor center, and obtain a temporary pass. The measures, part of a security crackdown due to concerns about terrorism, will allow commanders to know who is entering their installations 24 hours a day and adjust their security measures immediately as needed. [MDW News Service, 8/3/2001; Washington Post, 8/15/2001] All other Army posts in the Washington, DC area are currently implementing similar access restrictions (see August 15, 2001).

Entity Tags: Fort Lesley J. McNair, Fort Myer, Military District of Washington

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Egon Hawrylak.Egon Hawrylak. [Source: US Air Force]The US Army holds a major training exercise at Fort Lesley J. McNair, a base near the Pentagon, along with numerous law enforcement and emergency response agencies, and the exercise will improve coordination between these agencies when they work together in response to the attack on the Pentagon on September 11. [National Guard Bureau, 4/1/2002 pdf file; EENET, 6/5/2002 pdf file] Fort McNair, which is two miles east of the Pentagon, is the location of the headquarters of the US Army Military District of Washington (MDW). Numerous staff elements of the command stage their operations from the base. [Global Security (.org), 1/12/2002; US Army Military District of Washington, 10/22/2004] Colonel Egon Hawrylak, the deputy chief of staff for operations, plans, and security for the MDW, will later recall that on this day, “[W]e had conducted a huge tabletop exercise” at Fort McNair “with all the state, federal, and local law enforcement and emergency disaster relief agencies.” The exercise is held “in preparation for” the annual meetings of the International Monetary Fund and the World Bank, which are scheduled to take place in Washington, DC, on September 29 and September 30. Agencies that participate in the exercise include the Arlington County Fire Department (ACFD) and the FBI. Hawrylak will say that during the exercise, members of the different agencies “talked about things, so we knew each other; we knew how to coordinate and get things done together.” Hawrylak will not say what scenarios are prepared for during the exercise. He will say, however, that the exercise contributes to “the great working relationship” that the Army has with the ACFD, the FBI, and other agencies when they have to work together to respond to the attack on the Pentagon on September 11. [Reuters, 9/17/2001; National Guard Bureau, 4/1/2002 pdf file; EENET, 6/5/2002 pdf file] On September 5, security at Fort McNair was increased as part of a nationwide crackdown ordered by Army leaders who are concerned about terrorism (see August 15, 2001 and September 5, 2001). [MDW News Service, 8/3/2001; Washington Post, 8/15/2001]

Entity Tags: US Department of the Army, Fort Lesley J. McNair, Egon F. Hawrylak, Federal Bureau of Investigation, Arlington County Fire Department

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Massoud’s two assassins pictured just before their assassination attempt. One holds the rigged video camera.Massoud’s two assassins pictured just before their assassination attempt. One holds the rigged video camera. [Source: CNN]General Ahmed Shah Massoud, the leader of Afghanistan’s Northern Alliance, is assassinated by two al-Qaeda agents posing as Moroccan journalists. [Time, 8/12/2002] A legendary mujaheddin commander and a brilliant tactician, Massoud had pledged to bring freedom and democracy to Afghanistan. The BBC says the next day, “General Massoud’s death might well have meant the end of the [Northern] alliance” because there clearly was no figure with his skills and popularity to replace him. [BBC, 9/10/2001; BBC, 9/10/2001] “With Massoud out of the way, the Taliban and al-Qaeda would be rid of their most effective opponent and be in a stronger position to resist the American onslaught.” [St. Petersburg Times, 9/9/2002] It appears the assassination was supposed to happen earlier: the “journalists” waited for three weeks in Northern Alliance territory to meet Massoud. Finally on September 8, an aide says they “were so worried and excitable they were begging us.” They were granted an interview after threatening to leave if the interview did not happen in the next 24 hours. Meanwhile, the Taliban army (together with elements of the Pakistani army) had massed for an offensive against the Northern Alliance in the previous weeks, but the offensive began only hours after the assassination. Massoud was killed that day but Northern Alliance leaders pretend for several days that Massoud was only injured in order to keep the Northern Alliance army’s morale up, and they are able to stave off total defeat. The timing of the assassination and the actions of the Taliban army suggest that the 9/11 attacks were known to the Taliban leadership. [Time, 8/12/2002] Though it is not widely reported, the Northern Alliance releases a statement the next day: “Ahmed Shah Massoud was the target of an assassination attempt organized by the Pakistani [intelligence service] ISI and Osama bin Laden” (see September 10, 2001). [Radio Free Europe, 9/10/2001; Newsday, 9/15/2001; Reuters, 10/4/2001] This suggests that the ISI may also have had prior knowledge of the attack plans.

Entity Tags: Ahmed Shah Massoud, Pakistan Directorate for Inter-Services Intelligence, Osama bin Laden, Al-Qaeda, Taliban, Northern Alliance

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At least two messages in Arabic are intercepted by the NSA. One states, “The match is about to begin” and the other states, “Tomorrow is zero hour.” Later reports translate the first message as, “The match begins tomorrow.” [Reuters, 9/9/2002] The messages were sent between someone in Saudi Arabia and someone in Afghanistan. The NSA will claim that they are not translated until September 12, and that even if they had been translated in time, “they gave no clues that authorities could have acted on.” [ABC News, 6/7/2002; Reuters, 6/19/2002] Chairman of the Senate Intelligence Committee Bob Graham will later confirm that the messages were from al-Qaeda sources—a location or phone number—that made them a high priority, but that they were not from bin Laden or one of his top commanders. [Graham and Nussbaum, 2004, pp. 139] On the morning of September 12, 2001, the CIA will tell President Bush that a recently intercepted message from al-Qaeda leader Abu Zubaida referred to the 9/11 attacks as “zero hour,” but it is not clear if this is the same message or a different message (see September 12, 2001). These messages turn out to be only two of about 30 pre-9/11 communications from suspected al-Qaeda operatives or other militants referring to an imminent event. An anonymous official will say of these messages, including the “Tomorrow is zero hour” message: “You can’t dismiss any of them, but it does not tell you tomorrow is the day.” [Reuters, 9/9/2002] There will be a later attempt to explain the messages away by suggesting they referred to the killing of Afghan opposition leader Ahmed Shah Massoud the day before (see September 9, 2001). [Reuters, 10/17/2002]

Entity Tags: Ahmed Shah Massoud, Al-Qaeda, National Security Agency, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An Echelon station in Menwith Hill, Britain.An Echelon station in Menwith Hill, Britain. [Source: BBC]By the 1980s, a high-tech global electronic surveillance network shared between the US, Britain, Canada, Australia, and New Zealand is gathering intelligence all over the world. The BBC describes Echelon’s power as “astounding,” and elaborates: “Every international telephone call, fax, e-mail, or radio transmission can be listened to by powerful computers capable of voice recognition. They home in on a long list of key words, or patterns of messages. They are looking for evidence of international crime, like terrorism.” [BBC, 11/3/1999] One major focus for Echelon before 9/11 is al-Qaeda. For instance, one account mentions Echelon intercepting al-Qaeda communications in Southeast Asia in 1996 (see Before September 11, 2001). A staff member of the National Security Council who regularly attends briefings on bin Laden states, “We are probably tapped into every hotel room in Pakistan. We can listen in to just about every phone call in Afghanistan.” However, he and other critics will claim one reason why US intelligence failed to stop terrorism before 9/11 was because there was too much of a focus on electronic intelligence gathering and not enough focus on human interpretation of that vast data collection. [Toronto Star, 2/2/2002]

Entity Tags: United Kingdom, United States, Osama bin Laden, Echelon, National Security Council, Canada, Australia, Al-Qaeda, New Zealand

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

At Fort Belvoir, an army base 12 miles south of the Pentagon, Lt. Col. Mark R. Lindon is conducting a “garrison control exercise” when the 9/11 attacks begin. The object of this exercise is to “test the security at the base in case of a terrorist attack.” Lindon later says, “I was out checking on the exercise and heard about the World Trade Center on my car radio. As soon as it was established that this was no accident, we went to a complete security mode.” Staff Sgt. Mark Williams of the Military District of Washington Engineer Company at Fort Belvoir also later says: “Ironically, we were conducting classes about rescue techniques when we were told of the planes hitting the World Trade Center.” Williams’ team is one of the first response groups to arrive at the site of the Pentagon crash and one of the first to enter the building following the attack. [Connection Newspapers, 9/5/2002] A previous MASCAL (mass casualty) training exercise was held at Fort Belvoir a little over two months earlier (see June 29, 2001). It was “designed to enhance the first ready response in dealing with the effects of a terrorist incident involving an explosion.” [MDW News Service, 7/5/2001] Located at Fort Belvoir is Davison Army Airfield, from where UH-1 “Huey” and UH-60 Black Hawk helicopters fly. Davison’s mission includes maintaining “a readiness posture in support of contingency plans,” and providing “aviation support for the White House, US government officials, Department of Defense, Department of the Army, and other government agencies.” [Pentagram, 5/7/1999; Military District of Washington, 8/2000]

Entity Tags: Mark R. Lindon, World Trade Center, Fort Belvoir, Mark Williams

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Within the headquarters of the National Security Agency (NSA) in Fort Meade, Maryland is a little-known unit called the Defense Special Missile and Astronautics Center (DEFSMAC). According to author James Bamford, who is an expert on the NSA, the center’s purpose is “to serve as the nation’s chief warning bell for a planned attack on America. It serves as the focal point for ‘all-source’ intelligence—listening posts, early-warning satellites, human agents, and seismic detectors.” According to one former NSA official, DEFSMAC “has all the inputs from all the assets, and is a warning activity. They probably have a better feel for any worldwide threat to this country from missiles, aircraft, or overt military activities, better and more timely, at instant fingertip availability, than any group in the United States.” If they received indications that an attack was imminent, DEFSMAC officials could “immediately send out near-real-time and in-depth, all-source intelligence alerts to almost 200 ‘customers,’ including the White House Situation Room, the National Military Command Center at the Pentagon, the [Defense Intelligence Agency] Alert Center, and listening posts around the world.” Its analysts could be “closely monitoring all intercepts flooding in; examining the latest overhead photography; and analyzing data from early-warning satellites 22,300 miles above the equator. DEFSMAC would then flash the intelligence to the US Strategic Command at Offutt Air Force Base in Nebraska, NORAD at Cheyenne Mountain in Colorado, and other emergency command centers.” But on this morning, as Bamford will conclude, “DEFSMAC learned of the massive airborne attacks after the fact—not from America’s multibillion-dollar spy satellites or its worldwide network of advanced listening posts, or its army of human spies, but from a dusty, off-the-shelf TV set.” [Bamford, 2004, pp. 33-35] The NSA had in fact intercepted numerous calls between some of the hijackers in the US and an al-Qaeda communications hub in Yemen, beginning in early 2000 and ending just weeks before 9/11 (see Early 2000-Summer 2001). [MSNBC, 7/21/2004] It also intercepted two messages in Arabic on September 10, stating, “The match is about to begin,” and “Tomorrow is zero hour,” but these are supposedly not translated until September 12 (see September 10, 2001). [Washington Post, 6/20/2002] The NSA even intercepted a series of communications between 9/11 mastermind Khalid Shaikh Mohammed (KSM) and lead 9/11 hijacker Mohamed Atta beginning in the summer of 2001 (see Summer 2001), continuing to a message where KSM gives Atta the final go-ahead for the attacks on September 10, 2001 (see September 10, 2001). Michael Hayden, the director of the NSA, will later claim that the “NSA had no [indications] that al-Qaeda was specifically targeting New York and Washington… or even that it was planning an attack on US soil” (see October 17, 2002). [National Journal, 6/19/2006]

Entity Tags: National Security Agency, Michael Hayden, Defense Special Missile and Astronautics Center, James Bamford

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Shortly after the 9/11 attacks, the NSA expands surveillance operations, relying on its own authorities; some sources indicate this includes a massive domestic data mining and call tracking program, and some contend that it is illegal. In a 2006 public briefing, NSA Director Michael Hayden will say, “In the days after 9/11, NSA was using its authorities and its judgment to appropriately respond to the most catastrophic attack on the homeland in the history of the nation.” Following an October 1 briefing by Hayden to the House Intelligence Committee, Representative Nancy Pelosi (D-CA) will write to Hayden on October 11, saying, “[Y]ou indicated that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance” (see October 11, 2001). Some evidence indicates NSA domestic surveillance began even before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [Nancy Pelosi, 1/6/2006; Michael Hayden, 1/23/2006]
No Connection to Bush-Authorized Warrantless Domestic Call Monitoring - In his 2006 remarks, Hayden will clearly distinguish between the expansion he initiates under his own authorities, and the warrantless monitoring of calls with one end outside the US authorized later by President Bush (see October 4, 2001), saying, “[E]xcept that they involved NSA, these [Hayden-authorized] programs were not related… to the authorization that the president has recently spoken about.” [Michael Hayden, 1/23/2006]
'Stellar Wind' Is Name of Hayden-Authorized Program - In 2012 interviews, former NSA official William Binney will indicate that “Stellar Wind” is the name of the surveillance program initiated by Hayden. [Wired News, 2/15/2012; Democracy Now!, 4/20/2012] Some sources will refer to the Bush-authorized eavesdropping as being part of the Stellar Wind program. [Newsweek, 12/22/2008]
Differing Views on Authority for Surveillance - In his 2006 briefing, Hayden will say the Fourth Amendment only protects Americans against “unreasonable search and seizure,” and that 9/11 changed what was to be considered “reasonable.” Specifically, if communications are believed to have “[i]nherent foreign intelligence value,” interception of these communications is reasonable. In addition to referring to Hayden’s “view of [his] authorities” as “expansive,” Pelosi’s letter will give another indication that the NSA’s new standard is significantly broader than it was previously, stating, “You indicated that you were treating as a matter of first impression, [redacted] being of foreign intelligence interest.” Hayden will publicly clarify in 2006 that the authority for the NSA’s operational expansion exists under an Executive Order issued by President Reagan, saying, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” And, he will say, “I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities” (see October 1, 2001). In her October 11 letter, Pelosi will also write of having concerns about the program that haven’t been resolved due to restrictions on information-sharing with Congress imposed by Bush (see October 11, 2001). Binney, who pioneered the development of certain NSA data mining and surveillance technologies, will come to believe that what the NSA is doing is unconstitutional; he will first take his concerns to Congress (see Before October 31, 2001) and then resign on October 31 (see October 31, 2001). [Nancy Pelosi, 1/6/2006; Michael Hayden, 1/23/2006]
Surveillance Involves Domestic Communications - In his 2006 remarks, Hayden will not say the NSA is only targeting foreign communications under his post-9/11 authorization. Rather, the context of his remarks will indicate he is referring to domestic communications. More specifically, Hayden will state: “If the US person information isn’t relevant, the data is suppressed. It’s a technical term we use; we call it ‘minimized.’ The individual is not even mentioned. Or if he or she is, he or she is referred to as ‘US Person Number One’ or ‘US Person Number Two.’ Now, inherent intelligence value. If the US person is actually the named terrorist, well, that could be a different matter.” Hayden will also reveal that information is being passed to the FBI, an investigative agency with a primarily domestic jurisdiction, saying, “[A]s another part of our adjustment, we also turned on the spigot of NSA reporting to FBI in, frankly, an unprecedented way.” [Michael Hayden, 1/23/2006] One of Pelosi’s statements in her letter to Hayden may indicate an aspect of the domestic component: “You indicated that you were treating as a matter of first impression, [redacted] being of foreign intelligence interest,” she will write. [Nancy Pelosi, 1/6/2006] In a 2011 interview with Jane Mayer published in the New Yorker, Binney will say the NSA was obtaining “billing records on US citizens” and “putting pen registers [call logs] on everyone in the country.” [New Yorker, 5/23/2011] And in a 2012 Wired article, NSA expert James Bamford will write that Binney “explains that the agency could have installed its tapping gear at the nation’s cable landing stations—the more than two dozen sites on the periphery of the US where fiber-optic cables come ashore. If it had taken that route, the NSA would have been able to limit its eavesdropping to just international communications, which at the time was all that was allowed under US law. Instead it chose to put the wiretapping rooms at key junction points throughout the country—large, windowless buildings known as switches—thus gaining access to not just international communications but also to most of the domestic traffic flowing through the US.” Binney’s account is supported by other sources (see October 2001). [Wired News, 2/15/2012]
Surveillance Program Is Massive - Bamford, citing Binney, will write: “Stellar Wind… included not just eavesdropping on domestic phone calls but the inspection of domestic email. At the outset the program recorded 320 million calls a day, he says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” It is unclear exactly when this level of surveillance began. According to whistleblower AT&T employee Mark Klein, construction of secret rooms splitting communications traffic does not begin until Fall 2002 (see Fall 2002). Bamford will write that Binney says, “[T]he taps in the secret rooms dotting the country are actually powered by highly sophisticated software programs that conduct ‘deep packet inspection,’ examining Internet traffic as it passes through the 10-gigabit-per-second cables at the speed of light.” [Wired News, 2/15/2012] Also, Binney’s remark to Jane Mayer that the NSA was “putting pen registers on everyone in the country” indicates the broad scope of the program. [New Yorker, 5/23/2011]

Entity Tags: Religious Society of Friends (Quakers), US Department of Justice, National Security Agency, George W. Bush, Michael Hayden, Al-Qaeda, Foreign Intelligence Surveillance Court, House Intelligence Committee, Nancy Pelosi, Ronald Reagan

Timeline Tags: Civil Liberties

NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes.
Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, US Department of Justice, National Security Agency, John Ashcroft, George W. Bush, Bush administration (43), Ronald Reagan, Michael Hayden

Timeline Tags: 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

According to author Ronald Kessler’s November 2007 book The Terrorist Watch, the NSA’s domestic surveillance program begins around two weeks after the 9/11 attacks, when President Bush meets with NSA director Michael Hayden and other NSA officials in the Oval Office. According to chief of staff Andrew Card, in attendance, Bush asks, “What tools do we need to fight the war on terror?” Hayden suggests revamping NSA guidelines to allow the agency to wiretap domestic phone calls and intercept e-mails to and from terror suspects if one end of the communication is overseas. Kessler gives the following rather lurid example: “Thus, if [Osama] bin Laden were calling the US to order the detonation of a nuclear device, and the person he called began making overseas calls, NSA could listen in to those calls as well as to bin Laden’s original call.” Kessler is a chief correspondent for the extremist conservative Web site NewsMax; his assertion is disputed by evidence suggesting that the domestic surveillance program began well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [Kessler, 2007, pp. 130]

Entity Tags: National Security Agency, Andrew Card, Michael Hayden, Ronald Kessler, George W. Bush

Timeline Tags: Civil Liberties

Former AT&T employee Mark Klein.Former AT&T employee Mark Klein. [Source: PBS]The National Security Agency, as part of its huge, covert, and possibly illegal wiretapping program directed at US citizens (see Spring 2001 and After September 11, 2001), begins collecting telephone records of tens of millions of Americans, using data provided by telecommunications firms such as AT&T, Verizon, and BellSouth (see February 5, 2006). The media will not report on this database until May 2006 (see May 11, 2006). The program collects information on US citizens not suspected of any crime or any terrorist connections. Although informed sources say the NSA is not listening to or recording actual conversations, the agency is using the data to analyze calling patterns in an effort to detect terrorist activity. “It’s the largest database ever assembled in the world,” says one anonymous source. The NSA intends “to create a database of every call ever made.” As a result, the NSA has detailed records of the phone activities of tens of millions of US citizens, from local calls to family and friends to international calls. The three telecommunications companies are working with the NSA in part under the Communications Assistance Act for Law Enforcement (CALEA) (see January 1, 1995 and June 13, 2006) and in part under contract to the agency.
Surveillance Much More Extensive Than Acknowledged - The wiretapping program, which features electronic surveillance of US citizens without court warrants or judicial oversight, is far more extensive than anything the White House or the NSA has ever publicly acknowledged. President Bush will repeatedly insist that the NSA focuses exclusively on monitoring international calls where one of the call participants is a known terrorist suspect or has a connection to terrorist groups (see December 17, 2005 and May 11, 2006), and he and other officials always insist that domestic calls are not monitored. This will be proven false. The NSA has become expert at “data mining,” sifting through reams of information in search of patterns. The warrantless wiretapping database is one source of information for the NSA’s data mining. As long as the NSA does not collect “personal identifiers”—names, Social Security numbers, street addresses, and the like—such data mining is legal. But the actual efficacy of the wiretapping program in learning about terrorists and possibly preventing terrorist attacks is unclear at best. And many wonder if the NSA is not repeating its activities from the 1950s and 1960s, when it conducted “Operation Shamrock” (see 1945-1975), a 20-year program of warrantless wiretaps of international phone calls at the behest of the CIA and other intelligence agencies. Operation Shamrock, among other things, led to the 1978 passage of the Foreign Intelligence Surveillance Act (see 1978). [USA Today, 5/11/2006] In May 2006, former NSA director Bobby Ray Inman will say, “[T]his activity is not authorized” (see May 12, 2006). [Democracy Now!, 5/12/2006]
Secret Data Mining Center - In May 2006, retired AT&T technician Mark Klein, a 22-year veteran of the firm, will file a court affidavit saying that he saw the firm construct a secret data-mining center in its San Francisco switching center that would let the NSA monitor domestic and international communications (see January 2003). And former AT&T workers say that, as early as 2002, AT&T has maintained a secret area in its Bridgeton, Missouri, facility that is likely being used for NSA surveillance (see Late 2002-Early 2003).
Domestic Surveillance Possibly Began Before 9/11 - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, Verizon Communications, Mark Klein, George W. Bush, AT&T, BellSouth, Central Intelligence Agency, Communications Assistance for Law Enforcement Act (CALEA), Foreign Intelligence Surveillance Act, Qwest, National Security Agency

Timeline Tags: Civil Liberties

Nancy Pelosi.Nancy Pelosi. [Source: US Congress]House Minority Leader Nancy Pelosi (D-CA) writes to NSA Director Michael Hayden questioning the nature and extent of the apparently illegal warrantless wiretapping of US citizens by the agency. Pelosi and other members of the House Intelligence Committee were briefed on October 1, 2001, by Hayden, whose agency began conducting surveillance against US citizens after the 9/11 attacks (see After September 11, 2001). Pelosi will release the letter on January 6, 2006, three weeks after the New York Times revealed that the NSA had been conducting electronic surveillance of US citizens without warrants since at least 2002 (see December 15, 2005.) Pelosi’s office will also release Hayden’s response, but almost the entire letter from Hayden is redacted.
Letter to Hayden - Pelosi writes in part, “[Y]ou indicated [in the briefing] that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.… For several reasons, including what I consider to be an overly broad interpretation of President Bush’s directive of October 5 on sharing with Congress ‘classified or sensitive law enforcement information’ it has not been possible to get answers to my questions. Without those answers, the concerns I have about what you said on the First can not be resolved, and I wanted to bring them to your attention directly. You indicated that you were treating as a matter of first impression, [redacted ] being of foreign intelligence interest. As a result, you were forwarding the intercepts, and any information [redacted ] without first receiving a request for that identifying information to the Federal Bureau of Investigation. Although I may be persuaded by the strength of your analysis [redacted ] I believe you have a much more difficult case to make [redacted ] Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.” The only portion of Hayden’s October 18 reply regarding Pelosi’s concerns that has not been redacted reads, “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” In January 2006, an NSA official will say that Pelosi’s concerns were adequately addressed in Hayden’s reply, and in a private briefing shortly thereafter. [Washington Post, 1/4/2006; Nancy Pelosi, 1/6/2006]
Pelosi Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Pelosi is apparently unaware of any of this.

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi

Timeline Tags: Civil Liberties

NSA Director Michael Hayden responds to an October 11 letter from Representative Nancy Pelosi (see October 11, 2001), expressing concerns about the NSA’s post-9/11 surveillance expansion (see After September 11, 2001) that Hayden outlined for the House Intelligence Committee on October 1 (see October 1, 2001), and asking whether the president authorized it. The substance of Hayden’s October 18 reply will be redacted, except for this statement: “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” [Nancy Pelosi, 1/6/2006] A January 4, 2006 report in the Washington Post will cite “intelligence official close to Hayden” as saying that “[Hayden’s] appearance on Oct. 1, 2001, before the House committee had been to discuss Executive Order 12333, and not the new NSA program,” and that “Pelosi’s concerns had been answered in writing and again several weeks later during a private briefing.” [Washington Post, 1/4/2006] In a January 23, 2006 public briefing, Hayden will say, “September 2001, I asked to update the Congress on what NSA had been doing, and I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities,” and, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” [Michael Hayden, 1/23/2006]
Nature of Hayden's EO 12333 Surveillance Program - The full scope of Hayden’s surveillance program is unclear, but some sources indicate it includes the wholesale collection and data-mining of phone records provided by telecom companies and placement of pen registers (call trackers) on domestic phone numbers (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, October 2001), and October 31, 2001). Some sources indicate the NSA began large-scale domestic surveillance activities prior to the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi, National Security Agency

Timeline Tags: Civil Liberties

Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Daniel Robert (“Bob”) Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

Concerned that NSA post-9/11 surveillance operations violated the US Constitution, a senior NSA official reports on the program to House Intelligence Committee staff (see Before October 31, 2001), then retires. William Binney, a crypto-mathematician, had served in the NSA for 36 years. In 1997 he was made technical director of the World Geopolitical and Military Analysis Reporting Group, a 6000-employee unit that focused on signals intelligence (SIGINT) reporting and analysis. In the last part of his NSA career, Binney focused on dealing with the NSA’s problem of information overload, co-founding the Signals Intelligence Automation Research Center (SARC) and leading a 20-member team to develop a data-mining and analysis program called ThinThread. This program made it possible to “correlate data from financial transactions, travel records, Web searches, GPS equipment, and any other ‘attributes’ that an analyst might find useful,” and “could chart relationships among people in real time.” Unlike the NSA’s existing centralized data processing systems, ThinThread was able to identify useful or useless data as it was collected, reducing the overload problem. However, though it targeted foreign communications, ThinThread also intercepted those of Americans, and “continued documenting signals when a trail crossed into the US.” Binney incorporated measures to protect privacy, but NSA lawyers still considered the program too invasive, according to a 2011 article by Jane Mayer based on interviews with Binney and another NSA whistleblower, Thomas Drake. In 1999, NSA Director General Michael Hayden decided to fund a rival program, Trailblazer, which would be developed by defense contractors (see Late 1999). Trailblazer will be abandoned in 2006 as unworkable, after costing $1.2 billion (see January 2006). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012] In 2002, three NSA whistleblowers—Edward Loomis, J. Kirk Wiebe, and Binney—will ask the Pentagon to investigate the NSA for wasting “millions and millions of dollars” on Trailblazer. [Nation, 3/26/2013]
Post-9/11 NSA Surveillance Expansion - Binney will tell Mayer that, after the 9/11 attacks, his people began coming to him, saying things like: “They’re getting billing records on US citizens! They’re putting pen registers [call logs] on everyone in the country!” James Bamford will interview Binney in 2012 and write, “At the outset the program recorded 320 million calls a day, [Binney] says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” Binney has not been personally “read in” to this domestic surveillance program, but some members of his SARC team have, as their knowledge of ThinThread code was needed to set it up. Binney became convinced elements of ThinThread were being used, but without privacy protections, meaning US persons could be targeted. Soon after learning these things, Binney takes his concerns to the House Intelligence Committee (see Before October 31, 2001), and retires on October 31. He will tell Mayer, “I couldn’t be an accessory to subverting the Constitution.” Other sources support Binney’s account of this NSA data-mining and monitoring program (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, and October 2001). However, the claim that NSA domestic surveillance was initiated only after, and in response to, 9/11 is contradicted by information indicating that domestic monitoring programs and activities were established and conducted prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012]
ThinThread 'Would Likely Have Prevented 9/11' - Despite ThinThread’s capacity to collect actionable intelligence, Hayden vetoed the idea of deploying the system three weeks before 9/11, in August 2001. According to the Loomis, Wiebe, and Binney, this decision “left the NSA without a system to analyze the trillions of bits of foreign SIGINT flowing over the Internet at warp speed, as ThinThread could do.” During the summer of 2001, when “the system was blinking red,” according to CIA Director George Tenet, the NSA “failed to detect critical phone and e-mail communications that could have tipped US intelligence to al-Qaeda’s plans to attack.” [Nation, 3/26/2013]

Entity Tags: Edward Loomis, World Geopolitical and Military Analysis Reporting Group, J. Kirk Wiebe, William Binney, Thomas Drake, House Intelligence Committee, James Bamford, Trailblazer, Jane Mayer, National Security Agency, Signals Intelligence Automation Research Center, Michael Hayden, Thinthread

Timeline Tags: Civil Liberties

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

A safe house in Sana’a, Yemen, where Samir al-Hada was hiding.A safe house in Sana’a, Yemen, where Samir al-Hada was hiding. [Source: CNN]Samir al-Hada, an al-Qaeda operative who helped run a vital al-Qaeda communications hub in Sana’a, Yemen (see Late 1998-Early 2002), dies while being pursued by Yemeni police. The Yemeni police were tipped off by Samir’s landlord that he was planning to flee the country when he failed to produce identity documents to renew his lease. The police stake out his hideout for a week but he escapes and, during the chase, a grenade explodes in his hand and kills him. He was the brother-in-law of 9/11 hijacker Khalid Almihdhar. [BBC, 2/13/2002; Guardian, 2/14/2002; CNN, 2/14/2002; Al Ahram, 2/21/2002] After the attack, the police search the house where al-Hada had been staying and seize weapons, documents, books, a mobile phone, and a piece of paper containing phone numbers. [CBS News, 2/13/2002; BBC, 2/15/2002] The al-Hada hub was used in planning the embassy bombings in 1998 (see August 4-25, 1998 and October 4, 2001), the attack on the USS Cole in 2000 (see October 14-Late November, 2000), and 9/11 (see Early 2000-Summer 2001). It had been monitored by the NSA since the late 1990s (see Late August 1998 and Early 1999). Ahmed al-Hada is in Yemeni custody by 2006; it has not been stated when or how he was captured. [Wright, 2006, pp. 378] It appears that the communications hub is no longer functional after al-Hada’s death, as there are no more references to it operating, several of the al-Hada clan are rounded up, the hub is again discussed by the media (see February 2001 and After), and the clan’s patriarch, Ahmed al-Hada, is again named in the media. [Milwaukee Journal Sentinel, 2/14/2002; CNN, 2/14/2002; Al Ahram, 2/21/2002]

Entity Tags: Ahmed al-Hada, National Security Agency, Yemen, Al-Qaeda, Samir al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmed al-Hada, an operative who ran an al-Qaeda communications hub in Yemen that was monitored by US intelligence, is said to be arrested by authorities in Yemen, though it is not known exactly when this happened. The hub was involved in the East African embassy bombings (see August 4-25, 1998), the attack on the USS Cole (see Mid-August 1998-October 2000) and 9/11 (see Early 2000-Summer 2001). His son, who helped run the hub, died while being pursued by security forces in February 2002 (see February 13, 2002). Details such as whether he is questioned by the US, whether he is charged, and the place he is being held are unknown. [Agence France Presse, 5/11/2002] According to author Lawrence Wright, he will still be in custody in 2006. [Wright, 2006, pp. 378] However, an undated MSNBC article apparently written around 2005 will list him as still being at large. [MSNBC, 5/2005]

Entity Tags: Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file] The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). [9/11 Commission, 7/24/2004, pp. 181, 222] The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” [Los Angeles Times, 12/21/2005] The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).

Entity Tags: Hoda al-Hada, 9/11 Congressional Inquiry, 9/11 Commission, Nawaf Alhazmi, Khalid Almihdhar, National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. [Washington Post, 8/5/2004; National Journal, 2/15/2007] The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).

Entity Tags: National Security Agency, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Al-Qaeda, Dana Bash, Michael Hayden, Richard Shelby, Senate Intelligence Committee, USA Today, Washington Post, Porter J. Goss, Richard (“Dick”) Cheney, Fox News

Timeline Tags: Complete 911 Timeline, Civil Liberties

Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]

Entity Tags: National Security Agency, George W. Bush, Bush administration (43), Daniel Robert (“Bob”) Graham, Ari Fleischer, House Intelligence Committee, Nancy Pelosi, Senate Ethics Committee, Senate Intelligence Committee, Richard Shelby, Richard (“Dick”) Cheney, Porter J. Goss, US Department of Justice, Murray Waas

Timeline Tags: Complete 911 Timeline, Civil Liberties

Senator Richard Shelby.
Senator Richard Shelby. [Source: US Senate]The Washington Post reveals that FBI agents have questioned nearly all 37 senators and congresspeople making up the 9/1 Congressional Inquiry about 9/11-related information leaks. In particular, in June 2002 the media reported that the day before 9/11 the NSA intercepted the messages “The match is about to begin” and “Tomorrow is zero hour”(see September 10, 2001). The FBI has asked the members to submit to lie detector tests but most have refused. Congresspeople express “grave concern” for this historically unprecedented move. A law professor states: “Now the FBI can open dossiers on every member and staffer and develop full information on them. It creates a great chilling effect on those who would be critical of the FBI.” [Washington Post, 8/2/2002] Senator John McCain (R-AZ) suggests that “the constitutional separation of powers is being violated in spirit if not in the letter. ‘What you have here is an organization compiling dossiers on people who are investigating the same organization. The administration bitterly complains about some leaks out of a committee, but meanwhile leaks abound about secret war plans for fighting a war against Saddam Hussein. What’s that about? There’s a bit of a contradiction here, if not a double standard.’” [Washington Post, 8/3/2002] Later the search for the source of the leak intensifies to unprecedented levels as the FBI asks 17 senators to turn over phone records, appointment calendars, and schedules that would reveal their possible contact with reporters. [Washington Post, 8/24/2002] Most, if not all, turn over the records, even as some complain that the request breaches the separation of powers between the executive and legislative branches. One senator says the FBI is “trying to put a damper on our activities and I think they will be successful.” [Associated Press, 8/29/2002] In January 2004, it will be reported that the probe is focusing on Sen. Richard Shelby (R-AL). He will not be charged with any crime relating to the leak. [Washington Post, 1/22/2004] In November 2005, the Senate Ethics Committee will announce it has dropped a probe of Shelby, citing insufficient evidence. [Reuters, 11/13/2005] Inquiry co-chair Sen. Bob Graham (D-FL) will write in a book in late 2004 that, at the time, he guessed “the leak was intended to sabotage [the inquiry’s] efforts. I am not by nature a conspiracy theorist, but the fact that we were hit with this disclosure at the moment we began to make things uncomfortable for the Bush administration has stuck with me. Over a year later, I asked [inquiry co-chair] Congressman [Porter] Goss (R-FL) whether he thought we had been set up. Nodding, he replied, ‘I often wonder that myself.’” [Graham and Nussbaum, 2004, pp. 140] Author Philip Shenon will observe that this tactic of intimidation worked, as “Members of the joint committee and their staffs were frightened into silence about the investigation.” [Shenon, 2008, pp. 55]

Entity Tags: 9/11 Congressional Inquiry, Federal Bureau of Investigation, Daniel Robert (“Bob”) Graham, Philip Shenon, Porter J. Goss, Richard Shelby, John McCain, House Intelligence Committee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

NSA Director Michael Hayden.
NSA Director Michael Hayden. [Source: NSA]NSA Director Michael Hayden testifies before the 9/11 Congressional Inquiry that the “NSA had no [indications] that al-Qaeda was specifically targeting New York and Washington… or even that it was planning an attack on US soil.” Before 9/11, the “NSA had no knowledge… that any of the attackers were in the United States.” Supposedly, a post-9/11 NSA review found no intercepts of calls involving any of the 19 hijackers. [Reuters, 10/17/2002; US Congress, 10/17/2002; USA Today, 10/18/2002] Yet, in the summer of 2001 (see Summer 2001), the NSA intercepted communications between Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks, and hijacker Mohamed Atta, when he was in charge of operations in the US. [Independent, 6/6/2002; Independent, 9/15/2002] What was said between the two has not been revealed. The NSA also intercepted multiple phone calls from al-Qaeda leader Abu Zubaida to the US in the days before 9/11 (see Early September 2001). But who was called or what was said has not been revealed. [ABC News, 2/18/2002] In addition, Hayden testified three times in secret on June 18, June 19, and July 18, but little is known about what he said, as not much information is disclosed in the media and many sections of the Inquiry’s final report about the NSA are heavily redacted. The main revelations at the time of the summer hearings are that the NSA intercepted two messages apparently pertaining to the forthcoming attack one day before 9/11, and this sparks a controversial leak inquiry by the FBI (see August 2, 2002). [CNN, 6/18/2002; CBS News, 6/19/2002; CNN, 6/20/2002; US Congress, 7/24/2003 pdf file]

Entity Tags: Al-Qaeda, National Security Agency, 9/11 Congressional Inquiry, Michael Hayden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Assistant Attorney General William Moschella informs the ranking members of the House and Senate Intelligence committees of the administration’s use of potentially unconstitutional data mining and electronic surveillance programs after the 9/11 attacks. Moschella tells the lawmakers, “The president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. One such program is the Novel Intelligence from Massive Data (NIMD) initiative (see After September 11, 2001). Moschella echoes the claims of National Security Agency director Michael Hayden and other administration officials, saying that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” [National Journal, 1/20/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002). Moschella informs the lawmakers of none of this.

Entity Tags: Senate Intelligence Committee, William E. Moschella, Michael Hayden, Bush administration (43), Foreign Intelligence Surveillance Act, Novel Intelligence from Massive Data, House Intelligence Committee

Timeline Tags: Civil Liberties

Senator John D. Rockefeller.Senator John D. Rockefeller. [Source: ViewImages.com]John D. Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, learns of the secret NSA warrantless wiretapping program against US citizens (see Early 2002) in a secret briefing for himself, the chairman of the committee, and the chairman and ranking member of the House Intelligence Committee. Hours later, Rockefeller sends a handwritten letter to Vice President Cheney expressing his concerns about the potential illegality of the program, concerns he apparently expressed in the briefing as well. Rockefeller will not release the letter publicly until December 19, 2005, four days after the New York Times publishes an article revealing the program’s existence (see December 15, 2005). Disturbed both by the information he was given and the information that was obviously being withheld, Rockefeller writes in part: “Clearly the activities we discussed raise profound oversight issues.… Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own [Cheney had prohibited Rockefeller and the three other lawmakers in the briefing from consulting with their staff experts], I feel unable to fully evaluate, much less endorse these activities. As I reflected on the meeting today, and the future we face, John Poindexter’s TIA [Total Information Awareness (see March 2002)] project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance. Without more information and the ability to draw on any independent legal or technical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.” [Democratic Party, 12/19/2005; Savage, 2007, pp. 115] Rockefeller also notes that he is not at liberty to do anything about his concerns, since he is legally bound to obey the secrecy rules the White House has invoked, but he wants his concerns noted. [Savage, 2007, pp. 116] It is unclear whether Rockefeller ever receives a reply. Rockefeller is apparently unaware of evidence showing that domestic surveillance may have begun well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: New York Times, Richard (“Dick”) Cheney, John D. Rockefeller, John Poindexter, Total Information Awareness, National Security Agency

Timeline Tags: Civil Liberties

The White House and the Justice Department are at odds over the legality of the National Security Agency’s “data mining” program, which involves the NSA combing through enormous electronic databases containing personal information about millions of US citizens, ostensibly for anti-terrorism purposes and often without court warrants (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, and Early 2002). Such data mining by the NSA potentially threatens citizens’ constitutional right to privacy. This clash between the White House and the Justice Department is one of the reasons that White House counsel Alberto Gonzales and chief of staff Andrew Card will try to pressure Attorney General John Ashcroft, while Ashcroft is recuperating from surgery, to reauthorize the NSA program over the objections of Deputy Attorney General James Comey. That attempt to force reauthorization over Justice Department complaints will result in the protest resignations of Ashcroft, Comey, and other Justice officials (see March 10-12, 2004). In 2007, Gonzales will deny that any such attempt to pressure Ashcroft to overrule Comey ever happened (see July 24, 2007), and will deny that there was any such dispute between the White House and Justice Department over the NSA program. Those denials will lead to calls to investigate Gonzales for perjury (see May 16, 2007). In late 2005, President Bush will admit, after the New York Times reveals the existence of the NSA warrantless wiretapping program (see Early 2002), that the program indeed exists, but will not acknowledge the data mining. Several current and former administration officials, interviewed by reporters in 2007, refuse to go into detail about the dispute between the White House and Justice Department, but say that it involves other issues along with the data mining. They will also refuse to explain what modifications to the surveillance program Bush will authorize to mollify Justice Department officials. Bush and his officials, including Gonzales, who will ascend to the position of attorney general in 2005, will repeatedly insist that he has the authority, both under the Constitution and under Congress’s authorization to use military force against terrorists passed after the 9/11 attacks (see September 14-18, 2001), to bypass the requirements for court warrants to monitor US citizens. Critics will say that such surveillance is illegal under the Foreign Intelligence Surveillance Act. [New York Times, 7/29/2007]
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: US Department of Justice, National Security Agency, New York Times, James B. Comey Jr., Alberto R. Gonzales, Andrew Card, Bush administration (43), George W. Bush, John Ashcroft

Timeline Tags: Civil Liberties

The 9/11 Commission’s cursory review of NSA material related to the attacks and al-Qaeda in general does not find any reports about NSA intercepts of communications between the hijackers in the US and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). Neither does it find any reports about calls intercepted by the NSA between alleged 9/11 mastermind Khalid Shaikh Mohammed and lead hijacker Mohamed Atta (see Summer 2001 and September 10, 2001). Author Philip Shenon will write about the commission’s review of the NSA files in a 2008 book and will discuss what Commission staffers found there, but will not mention these intercepts, some of which were mentioned in declassified portions of the 9/11 Congressional Inquiry (see Summer 2002-Summer 2004). The review is only conducted by a few staffers (see January 2004, June 2004, and Between July 1 and July 17, 2004) and is not comprehensive, so it is unclear whether the NSA does not provide the reports to the 9/11 Commission, or the commission simply fails to find them in the large number of files the NSA made available to it. However, the staffers do find material possibly linking some of the hijackers to Iran and Hezbollah (see January-June 2004). [Shenon, 2008, pp. 87-8, 155-7, 370-3] In its final report, the commission will make passing references to some of the calls the NSA intercepted without pointing out that the NSA actually intercepted them. [9/11 Commission, 7/24/2004, pp. 87-88, 222] However, the endnotes that indicate the sources of these sections will not contain any references to NSA reports, but instead refer to an interview with NSA Director Michael Hayden and an FBI timeline of the hijackers’ activities. [9/11 Commission, 7/24/2004, pp. 477, 518]

Entity Tags: National Security Agency, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Thomas Tamm.Thomas Tamm. [Source: Newsweek]Thomas Tamm, a veteran Justice Department prosecutor with a high-level security clearance, is finishing up a yearlong post with the Office of Intelligence Policy and Review (OIPR), a Justice Department unit handling wiretaps of suspected terrorists and spies. As his stint is coming to a close, Tamm learns of the existence of a highly classified National Security Agency (NSA) program that is electronically eavesdropping on American citizens—domestic wiretapping. He later learns that “the program,” as it is referred to by those few who know of it at all, is called “Stellar Wind.”
Concealment from FISA Judges - Tamm learns that the NSA program is being hidden from the Foreign Intelligence Surveillance Act (FISA) Court, a panel of federal judges who by law must approve and supervise such surveillance for intelligence purposes. OIPR lawyers ask the FISA Court for permission to implement national-security wiretaps. But, Tamm learns, some wiretaps—signed only by Attorney General John Ashcroft—are going to the chief FISA Court judge and not the other ten judges on the FISA panel. The “AG-only” requests are extraordinarily secretive, and involve information gleaned from what is only referred to as “the program”—Stellar Wind. Only a very few White House and US intelligence officials know the name and the nature of “the program.” Stellar Wind involves domestic wiretaps on telephones and computer e-mail accounts derived from, but not necessarily linked to, information secured from captured al-Qaeda computers and cell phones overseas. With the voluntary cooperation of American telecommunications companies (see 1997-August 2007 and After, February 2001, February 2001, and February 2001 and Beyond), the NSA program also collects vast amounts of personal data about US citizens’ phone and e-mail communications. The program also collects an enormous amount of financial information from the Treasury Department (see February 28, 2006), all collected as part of the NSA’s “data mining” efforts (see Late 1999 and After September 11, 2001).
Program Is 'Probably Illegal,' Says DOJ Official - Tamm, suspicious about the unusual requests, asks his supervisors about the program, and is told to drop the subject. “[N]o one wanted to talk about it,” he will recall. Tamm asks one of his supervisors, Lisa Farabee, “Do you know what the program is?” Farabee replies: “Don’t even go there.… I assume what they are doing is illegal.” Tamm is horrified. His first thought, he will later recall, is, “I’m a law enforcement officer and I’m participating in something that is illegal?” Tamm soon finds out from deputy OIPR counsel Mark Bradley that the chief FISA judge, Colleen Kollar-Kotelly, is raising unwanted questions about the warrant requests (see 2004 and 2005), and “the AG-only cases are being shut down.” Bradley adds, “This may be [a time] the attorney general gets indicted.”
Request for Guidance Turned Down - For weeks, Tamm agonizes over what to do. He seeks guidance from a former colleague, Sandra Wilkinson, who now works on the Senate Judiciary Committee. The two have coffee in the Senate cafeteria, and Tamm asks Wilkinson to ask if anyone on the committee knows anything about “the program.” Weeks go by without a response, and Tamm sends Wilkinson an e-mail from his OIPR computer—an e-mail that will later alert the FBI to Tamm’s interest in Stellar Wind. During a second conversation, Wilkinson refuses to give Tamm any information. “Well, you know, then,” he replies, “I think my only option is to go to the press.”
Contacting the New York Times - Tamm finally decides to contact the New York Times’s Eric Lichtblau, who has written several stories on the Justice Department that impressed Tamm. By this point he has transferred out of OIPR and back into a Justice Department office that would allow him to return to the courtroom. Tamm calls Lichtblau from a pay phone near the US District Courthouse in Washington. “My whole body was shaking,” he will recall. He identifies himself only as “Mark” (his middle name), and arranges to meet Lichtblau at a bookstore near the Justice Department. (In his 2008 book Bush’s Law: The Remaking of American Justice, Lichtblau describes Tamm as “a walk-in” source who was “agitated about something going on in the intelligence community.” Lichtblau will describe Tamm as wary and “maddeningly vague,” but as they continue to meet—usually in bookstores and coffee shops in the Capitol District—Tamm’s “credibility and his bona fides became clear and his angst appears sincere. Eighteen months later, after finally overriding a request and warning from President Bush not to print the story (see December 6, 2005), the Times reports on the existence of the NSA program (see December 15, 2005). [Ars Technica, 12/16/2008; Newsweek, 12/22/2008]

Entity Tags: Mark Bradley, Federal Bureau of Investigation, Eric Lichtblau, Colleen Kollar-Kotelly, Bush administration (43), ’Stellar Wind’, Foreign Intelligence Surveillance Court, Lisa Farabee, Senate Judiciary Committee, Thomas Tamm, Sandra Wilkinson, Office of Intelligence Policy and Review, New York Times, US Department of the Treasury, National Security Agency, US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

Vice President Dick Cheney gives the Congressional leaders known as the “Gang of Eight”—the House speaker and House minority leader, the Senate majority and minority leaders, and the ranking members of the House and Senate intelligence committees—their first briefing on the NSA’s warrantless wiretapping program (see Early 2002). The Democratic leaders at the meeting are House Minority Leader Nancy Pelosi (D-CA), Senate Minority Leader Tom Daschle (D-SD), House Intelligence Committee ranking member Jane Harman (D-CA), and Senate Intelligence Committee ranking member John D. Rockefeller (D-WV). Daschle (D-SD) later recalls the meeting as superficial. Cheney “talked like it was something routine,” Daschle will say. “We really had no idea what it was about.” Unbeknownst to many of the Congressional leaders, White House and Justice Department leaders are locked in a sharp dispute over whether or not the program is legal and should be continued; Cheney is preparing to send White House counsel Alberto Gonzales and chief of staff Andrew Card to Attorney General John Ashcroft’s hospital room to persuade the gravely ill, heavily sedated Ashcroft to overrule acting Attorney General James Comey and reauthorize the program (see March 10-12, 2004). The briefing is designed to give the appearance of Congressional approval for the program. While most Republicans in the briefing give at least tacit approval of the program, some Democrats, as Daschle will recall, expressed “a lot of concerns” over the program’s apparent violation of fundamental Congressional rights. Pelosi later recalls that she “made clear my disagreement with what the White House was asking.” But administration officials such as Gonzales will later say (see July 24, 2007) that the eight Congressional leaders are in “consensus” in supporting the program, a characterization that is patently false (see July 25, 2007). Gonzales will also later testify that today’s briefing does not cover the NSA wiretapping program, later dubbed the “Terrorist Surveillance Program” (TSP), another apparent falsehood contradicted by Democratic senators such as Rockefeller and Russ Feingold, as well as testimony and notes on the hospital room visit made by FBI Director Robert Mueller and a memo from John Negroponte, the director of national intelligence. Many feel that Gonzales is using the moniker “Terrorist Surveillance Program,” not in use until December 2005, to play what reporter Michael Isikoff calls “verbal parsing” and “a semantic game”—since the NSA wiretapping program is not known by this name at the time of the Congressional briefing, Gonzales will imply that the briefing wasn’t about that program. [Newsweek, 8/6/2007; Klein, 2009, pp. 88]
Cheney, Gonzales: Democrats on Board with Illegal Program - In Angler: The Cheney Vice Presidency, a 2008 book by Washington Post reporter Barton Gellman, Gonzales will claim there is a “consensus in the room” among Democrats and Republicans alike, and according to Gellman’s reporting on Gonzales, “four Democrats and four Republicans, duly informed that the Justice Department had ruled something unlawful, said the White House should do it anyway.” Cheney will confirm this allegation during a December 2008 appearance on Fox News. [Klein, 2009, pp. 88]
Domestic Surveillance Began before 9/11? - Cheney fails to inform the lawmakers that the wiretapping program may have begun well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: Richard (“Dick”) Cheney, National Security Agency, Robert S. Mueller III, Terrorist Surveillance Program, Tom Daschle, US Department of Justice, Russell D. Feingold, Nancy Pelosi, John Negroponte, John D. Rockefeller, Alberto R. Gonzales, Andrew Card, Michael Isikoff, Bush administration (43), Jane Harman, James B. Comey Jr., “Gang of Eight”, John Ashcroft

Timeline Tags: Civil Liberties

It was disclosed in 2003 that the NSA had intercepted several calls between hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001 and Summer 2002-Summer 2004). But in 2004, after revelations that the NSA has been wiretapping inside the US, some media begin to re-examine the circumstances of the hijackers’ calls from the US, as the Bush administration uses the example of these calls as a justification for the NSA’s domestic wiretapping program. [New York Times, 12/16/2005; Los Angeles Times, 12/21/2005; US President, 12/26/2005 pdf file] The calls are thought to be a key aspect of the alleged intelligence failures before 9/11. In late 1998, the FBI had started plotting intercepts of al-Qaeda calls to and from the communications hub on a map (see Late 1998-Early 2002). According to author Lawrence Wright, “[h]ad a line been drawn from the [communications hub] in Yemen to Alhazmi and Almihdhar’s San Diego apartment, al-Qaeda’s presence in America would have been glaringly obvious.” [Wright, 2006, pp. 343-344] In 2006, former NSA Director Michael Hayden will tell the Senate that if the NSA’s domestic wiretapping program had been active before 9/11, the NSA would have raised the alarm over the presence of hijackers Khalid Almihdhar and Nawaf Alhazmi in San Diego. [CNN, 5/19/2006] However, reports in the press suggest otherwise. For example, in one newspaper a senior intelligence official will say that it was not technically possible for the NSA, which had a budget of around $3.6 billion in 2000, to trace the calls. “Neither the contents of the calls nor the physics of the intercepts allowed us to determine that one end of the calls was in the United States,” says the official. [Bamford, 2002, pp. 482; US News and World Report, 3/15/2004] But another report flatly contradicts this. “NSA had the technical ability to pick up the actual phone number in the US that the switchboard was calling but didn’t deploy that equipment, fearing they would be accused of domestic spying.” [MSNBC, 7/21/2004] It is unclear why concerns about domestic spying allegations would prevent the NSA from passing the information on to the FBI. Almihdhar and Alhazmi were not US citizens, but foreign nationals who had entered the US illegally claiming to be tourists. In addition, there was a wealth of evidence connecting them to al-Qaeda (see Early 1999, January 5-8, 2000, and Early 2000-Summer 2001). In any event, the NSA did reportedly disseminate dispatches about some of these US calls (see Spring-Summer 2000). Some FBI officials will later profess not to know what went wrong and why they were not notified of the hijackers’ presence in the US by other agencies. A senior counterterrorism official will say: “I don’t know if they got half the conversation or none of it or hung up or whatever. All I can tell you is we didn’t get anything from it—we being the people at the FBI who could have done something about it. So were they sitting on it? I don’t know.” [Los Angeles Times, 12/21/2005] The US intelligence community, through the CIA, also had access to the phone company’s records for the Yemeni communications hub, which would have shown what numbers were being called in the US (see Late 1998-Early 2002).

Entity Tags: Michael Hayden, Khalid Almihdhar, Federal Bureau of Investigation, National Security Agency, Ahmed al-Hada, Bush administration (43), US intelligence, Salem Alhazmi, Nawaf Alhazmi

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

President Bush acknowledges that he issued a 2002 executive order authorizing the National Security Agency (NSA) to wiretap US citizens’ phones and e-mails without proper warrants, and accuses the New York Times of jeopardizing national security by publishing its December 15 article (see Early 2002 and December 15, 2005). Bush says he was within the law to issue such an order, which many feel shatters fundamental Constitutional guarantees of liberty and privacy, but accuses the Times of breaking the law by publishing the article. Bush tells listeners during his weekly radio address that the executive order is “fully consistent” with his “constitutional responsibilities and authorities.” But, he continues, “Yesterday the existence of this secret program was revealed in media reports, after being improperly provided to news organizations. As a result, our enemies have learned information they should not have, and the unauthorized disclosure of this effort damages our national security and puts our citizens at risk.” He admits allowing the NSA to “to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations” in a program designed to “detect and prevent terrorist attacks.” Under the law, the NSA must obtain warrants from the Foreign Intelligence Surveillance Act (FISA) Court, but after Bush’s executive order, it was no longer required to do so. Bush justifies the order by citing the example of two 9/11 hijackers, Khalid Almihdhar and Nawaf Alhazmi, who, he says, “communicated while they were in the United States to other members of al-Qaeda who were overseas, but we didn’t know they were here until it was too late.” Because of the unconstitutional wiretapping program, it is “more likely that killers like these 9/11 hijackers will be identified and located in time, and the activities conducted under this authorization have helped detect and prevent possible terrorist attacks in the United States and abroad.” Bush also admits to reauthorizing the program “more than thirty times,” and adds, “I intend to do so for as long as our nation faces a continuing threat from al-Qaeda and related groups.” [CNN, 12/16/2005] Bush fails to address the likelihood that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: National Security Agency, George W. Bush, Khalid Almihdhar, Foreign Intelligence Surveillance Act, Nawaf Alhazmi, Al-Qaeda

Timeline Tags: Civil Liberties

The National Security Agency’s ‘Trailblazer’ program (see Late 1999), envisioned in 1999 as an overarching state-of-the-art data-mining system capable of sorting through millions of telephone and Internet communications and pluck out items relevant to national security and counterterrorism, is an abject failure, according to multiple sources and reports. The program has soaked up six years of effort and $1.2 billion in taxpayer dollars, with nothing to show except some schematic drawings and a few isolated technological and analytical gadgets, and little hope of much future progress. Matthew Aid, who has advised three federal commissions and panels investigating the 9/11 attacks, says that Trailblazer is “the biggest boondoggle going on now in the intelligence community.” Part of the problem is that over its six years of development, Trailblazer has passed through three separate NSA divisions, each with its own priorities and design goals. Its overseers have failed to exert the proper authority to clearly define the program’s goals and keep the project on track. In 2003, the NSA’s inspector general found that the program suffered from “inadequate management and oversight” of private contractors and overpayment for the work that was done. The lead private contractor for the project, Science Applications International Corporation (SAIC), has not provided the technical and managerial expertise necessary to create the system. While the Bush administration has touted the NSA wiretapping program (see December 15, 2005) as vital to protecting the nation from terrorism, it allows the agency to mismanage Trailblazer, in essence allowing the agency to go increasingly “deaf” as millions of items of unimportant information overwhelm the agency’s ability to sort out key bits of information, according to a government official. A Congressional investigation of intelligence failures surrounding the 9/11 attacks found that the NSA did not sift out “potentially vital” information that could have predicted or even prevented the attacks—a lapse that Trailblazer was intended to correct. Aid says that the problem is akin to searching for a needle in a haystack that doubles in size every few months. Intelligence experts say that the problem with Trailblazer is like deciding whether to keep a piece of mail or throw it out based only on what is on the outside of the envelope. Approximately 95% of the information gathered by the NSA is discarded without ever being translated from its original binary form; the remaining 5% is turned into plain text for human analysts to survey. Trailblazer was designed to sort through this information to identify patterns, keywords, and links to other data. The program would, in theory, translate all of the information into plain text or voice data, analyze the results to identify items of interest, store the results in an easily searchable database, and forward selected items to the appropriate analysts for follow-up. But after six years of work, there will still be no consensus among agency managers and experts as how to create a system to do this. Interestingly, another, less grandiose program, code-named Thinthread, appeared promising—a 2004 Pentagon report found that Thinthread could work better and be put to use more quickly than Trailblazer—but NSA managers disagreed with the Pentagon report and canceled Thinthread. Instead, Hayden pushed the agency to get Trailblazer up and running after the 9/11 attacks, cutting into time needed for review and corrections. Internal and external warnings that the program was going off-course were ignored; because of its secrecy and technological sophistication, neither Congress nor the NSA was able to effectively monitor the progress of the program’s development. And the agency lost track of much of the $1.2 billion that was allocated by Congress for the program. NSA Inspector General Joel Brenner blames the waste and inefficiency on “inadequate management and oversight.” As of 2006, the Government Accountability Office, the investigative arm of Congress, has not investigated Trailblazer simply because no one in Congress had asked it to. Because of the impact of the 9/11 attacks, and the war in Iraq, Congress has never seriously considered cutting back or reviewing any programs such as Trailblazer that might provide information on further terrorist attacks. [Baltimore Sun, 1/29/2006]

Entity Tags: Matthew Aid, Bush administration (43), Joel Brenner, Trailblazer, US Department of Defense, Government Accountability Office, Michael Hayden, Thinthread, National Security Agency, Science Applications International Corporation (SAIC)

Timeline Tags: Civil Liberties

Vice President Cheney mentioned NSA intercepts of the 9/11 hijackers’ calls in a speech to the Heritage Foundation.Vice President Cheney mentioned NSA intercepts of the 9/11 hijackers’ calls in a speech to the Heritage Foundation. [Source: David Bohrer / White House]Vice President Dick Cheney uses calls between the 9/11 hijackers in the US and an al-Qaeda communications hub in Yemen that were intercepted by the NSA (see Early 2000-Summer 2001) to justify the NSA’s warrantless wiretapping program (see December 15, 2005). Cheney points out that, “There are no communications more important to the safety of the United States than those related to al-Qaeda that have one end in the United States,” and says that if the NSA’s warrantless program had been implemented before 9/11, “we might have been able to pick up on two hijackers [Nawaf Alhazmi and Khalid Almihdhar] who subsequently flew a jet into the Pentagon.” He adds: “They were in the United States, communicating with al-Qaeda associates overseas. But we did not know they were here plotting until it was too late.” [White House, 1/4/2006] Other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the program is revealed by the New York Times (see December 17, 2005).

Entity Tags: Khalid Almihdhar, Nawaf Alhazmi, Richard (“Dick”) Cheney

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

The Justice Department (DOJ) issues a 42-page “white paper” detailing its arguments that the National Security Agency’s warrantless wiretapping program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006) is legal. The DOJ reiterates two previous arguments (see December 19, 2005 and December 21-22, 2005)—that Congress implicitly authorized the program in 2001 when it authorized the Bush administration to begin military actions against al-Qaeda (see September 14-18, 2001), and that the president has the authority as commander in chief to conduct such a program—even though these arguments have been thoroughly refuted (see January 9, 2006) and overridden by the Supreme Court’s recent Hamdan v. Rumsfeld ruling (see December 15, 2005 and July 8, 2006). In its paper, the DOJ declares that if necessary, it will attack the legality of the Foreign Intelligence Surveillance Act (FISA) in order to stop that law from “imped[ing]” the president’s power to order domestic surveillance. In essence, according to columnist and civil liberties lawyer Glenn Greenwald, the DOJ is asserting that the president’s powers are limitless as long as he or she declares a given action necessary to battle terrorism. “Because the president has determined that the NSA activities are necessary to the defense of the United States from a subsequent terrorist attack in the armed conflict with al-Qaeda, FISA would impermissibly interfere with the president’s most solemn constitutional obligation—to defend the United States against foreign attack,” the DOJ claims. Neither Congress nor the court system has the right to limit or even review the president’s powers, according to the DOJ. Greenwald calls the DOJ’s argument “a naked theory of limitless presidential power.” In fact, Greenwald argues, the DOJ is asserting that FISA itself is unconstitutional, because no law can in any way limit the president’s power to conduct foreign policy or protect the nation’s security. The document is part of a larger Bush administration defense of the USA Patriot Act, and part of the administration’s push to convince Congress to reauthorize that legislation. Attorney General Alberto Gonzales sends the document to Congress. Justice Department official Steven Bradbury says, “When it comes to responding to external threats to the country… the government would like to have a single executive who could act nimbly and agilely.” [US Department of Justice, 1/19/2006 pdf file; Glenn Greenwald, 1/20/2006; Washington Post, 1/20/2006]
Dubious Legality - The program has already been found to be of questionable legality by two reports recently released by the nonpartisan Congressional Research Service (see January 5, 2006 and January 18, 2006). And author James Bamford, a US intelligence expert who has written extensively about the NSA, says that the Justice Department’s arguments are specious in light of Congress’s clear intent in its 1978 passage of FISA to block warrantless wiretapping, and its demonstrated lack of intent to allow any such operations within US borders in the October 2001 legislation. “You could review the entire legislative history in the authorization to use military force and I guarantee you won’t find one word about electronic surveillance,” he says. “If you review the legislative history of FISA, you will find Attorney General Griffin Bell testifying before the intelligence committee saying this was specifically passed to prevent a president from claiming inherent presidential powers to do this again.” [Washington Post, 1/20/2006]
Self-Contradictory Justifications - In 2007, author and reporter Charlie Savage will write of the “shaky foundation” supporting the administration’s “two-pronged attacks on critics of the wiretapping program and the Patriot Act,” which some officials have claimed authorizes the program. “Beneath the simplistic rhetoric, the administration’s position was self-contradicting,” Savage will write. If Bush has the inherent presidential authority to order warrantless wiretapping, then he needs no authorization from the Patriot Act or any other legislation. But if Congress is endangering the nation by delaying in reauthorizing the Patriot Act and thusly not rendering the program legal, then the wiretapping program is illegal after all. The memo attempts to “paper… over” this problem by claiming that, while Bush has the inherent authority to do whatever he feels is necessary to protect the country, the Patriot Act’s extra police powers are still necessary in “contexts unrelated to terrorism.” Savage will write, “In other words, the administration’s own position, hidden in the fine print, was that the Patriot Act was superfluous and irrelevant to the war on terrorism—a somewhat absurd stance made necessary by their desire to say the wiretapping program was legal.” [Savage, 2007, pp. 315]
Failure to Address Probable Beginning of Program Before Attacks - The Justice Department says nothing about the program apparently beginning well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: National Security Agency, James Bamford, Steven Bradbury, US Department of Justice, Griffin Bell, Senate Judiciary Committee, Glenn Greenwald, Foreign Intelligence Surveillance Act, Alberto R. Gonzales, Arlen Specter, George W. Bush, Congressional Research Service, Charlie Savage

Timeline Tags: Civil Liberties

Deputy Director of National Intelligence and former NSA Director Michael Hayden says that if the NSA’s recently revealed warrantless wiretapping program (see December 15, 2005) had been in place before 9/11, “it is my professional judgment that we would have detected some of the 9/11 al-Qaeda operatives in the United States, and we would have identified them as such.” Hayden will later say the NSA would have detected calls between an al-Qaeda communications hub in Yemen and 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar in San Diego (see May 18, 2006). Hayden adds: “You know, the 9/11 Commission criticized our ability to link things happening in the United States with things that were happening elsewhere. In that light, there are no communications more important to the safety of this country than those affiliated with al-Qaeda with one end in the United States.” Before the attacks, the NSA intercepted a series of calls between two of the 9/11 hijackers and a known al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), but failed to notify the FBI about them (see (Spring 2000)). [Press Club, 1/23/2006] Other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the NSA’s warrantless program is revealed by the New York Times (see December 17, 2005).

Entity Tags: Nawaf Alhazmi, Khalid Almihdhar, Michael Hayden

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

President Bush at the National Security Agency.President Bush at the National Security Agency. [Source: Eric Draper / White House]President George Bush uses calls between the 9/11 hijackers in the US and an al-Qaeda communications hub in Yemen that were intercepted by the NSA (see Early 2000-Summer 2001) to justify the NSA’s warrantless wiretapping program (see December 15, 2005). Bush says: “We know that two of the hijackers who struck the Pentagon [Nawaf Alhazmi and Khalid Almihdhar] were inside the United States communicating with al-Qaeda operatives overseas. But we didn’t realize they were here plotting the attack until it was too late.” Bush also quotes former NSA Director Michael Hayden, who previously said, “Had this program been in effect prior to 9/11… we would have detected some of the 9/11 al-Qaeda operatives in the United States, and we would have identified them as such” (see January 23, 2006). Bush and other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the program is revealed by the New York Times (see December 17, 2005). [White House, 1/25/2006] Bush made similar remarks at Kansas State University two days previously. [White House, 1/23/2006]

Entity Tags: Khalid Almihdhar, Nawaf Alhazmi, George W. Bush

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

Former NSA director and soon-to-be CIA director Michael Hayden says that a program in which the NSA listens in on calls between the US and other countries without obtaining warrants would have prevented 9/11, had it been in place then. Hayden tells a Senate hearing discussing his confirmation as CIA director, “Had this been in place prior to the attacks, the two hijackers who were in San Diego, Khalid Almihdhar and Nawaf Alhazmi, almost certainly would have been identified as who they were, what they were, and most importantly, where they were.” Hayden also says, “I can demonstrate in closed session how the physics and the math would work.” [US Congress, 5/18/2006 pdf file] However, the NSA actually intercepted the calls between Alhazmi and Almihdhar in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), which it knew had been in contact with Osama bin Laden (see November 1996-Late August 1998) and was also involved in the East African embassy bombings (see August 4-25, 1998) and the attack on the USS Cole (see Mid-August 1998-October 2000). Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

George Terwilliger, a former deputy attorney general under George H. W. Bush, argues that the current Bush administration’s controversial data mining program (see Late 1999 and After September 11, 2001) is not illegal. Terwilliger tells the conservative National Review, “I think it’s fair to say that the statutes contemplate the transfer of this generic type of data much more on a case-by-case rather than a wholesale basis,” meaning that the law calls for a court order only in cases when the government is making a targeted request for information. But, he adds, “I don’t see anything in the statute that forbids such a wholesale turnover.” Terwilliger’s argument echoes the arguments of the Bush Justice Department, which argues that the data mining program—part of the NSA’s “Stellar Wind” surveillance program (see Spring 2004 and December 15, 2005)—does not technically constitute “electronic surveillance” under the law. Both the Fourth Amendment and the Foreign Intelligence Surveillance Act, as interpreted by the courts, define such actions as “electronic surveillance,” according to a number of legal experts, including law professor Orin Kerr. And, Ars Technica reporter Julian Sanchez notes in 2009, “the Stored Communications Act explicitly makes it a crime to ‘knowingly divulge a record or other information pertaining to a subscriber to or customer of such service… to any governmental entity.’” Sanchez will call Terwilliger’s argument “very strange,” but will note that Terwilliger is the attorney for then-Attorney General Alberto Gonzales and “a prominent defender of the administration’s surveillance policies.” Sanchez will conclude that while the argument “might pass for clever in a high school debate round… [i]t would be deeply unsettling if it [passes] for anything more in the halls of power.” [National Review, 6/5/2006; Ars Technica, 12/16/2008]

Entity Tags: US Department of Justice, Alberto R. Gonzales, ’Stellar Wind’, Bush administration (43), National Security Agency, Foreign Intelligence Surveillance Act, Julian Sanchez, George Terwilliger, Orin S. Kerr

Timeline Tags: Civil Liberties

Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi.Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. [Source: White House]Vice President Dick Cheney justifies an NSA program for warrantless surveillance of conversations between the US and other countries by referring to communications between 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001). The calls were intercepted by the NSA, but this did not help the US roll up the plot. Echoing remarks previously made by President Bush (see December 17, 2005), Cheney says: “If you’ll recall, the 9/11 Commission focused criticism on the nation’s inability to uncover links between terrorists at home and terrorists overseas [note: the 9/11 Commission’s final report does not actually say this (see December 17, 2005)]. The term that was used is ‘connecting the dots’—and the fact is that one small piece of data might very well make it possible to save thousands of lives. If this program had been in place before 9/11, we might have been able to prevent it because we had two terrorists living in San Diego, contacting terrorist-related numbers overseas.” [Office of the Vice President, 8/25/2006] Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: National Security Agency, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Saudi Arabia’s national security adviser Prince Bandar bin Sultan says that before 9/11 the Saudi government was “actively following” most of the 19 hijackers “with precision.” Prince Bandar, formerly Saudi ambassador to the US, also says that the information Saudi Arabia had may have been sufficient to prevent 9/11: “If US security authorities had engaged their Saudi counterparts in a serious and credible manner, in my opinion, we would have avoided what happened.” A US official says that the statement made by Prince Bandar should be taken with a grain of salt. [CNN, 11/2/2007] Saudi officials had previously said that they watchlisted two of the Saudi hijackers, Nawaf Alhazmi and Khalid Almihdhar, in the late 1990s (see 1997 and Late 1999) and their interest in Nawaf Alhazmi may have led them to his brother, Salem. All three of these hijackers were also tracked by the US before 9/11 (see Early 1999, January 5-8, 2000, Early 2000-Summer 2001 and 9:53 p.m. September 11, 2001).
Saudi Tracking - Almost a year after Prince Bandar makes this claim, author James Bamford will offer information corroborating it. Bamford will write that Saudi officials placed an indicator in some of the hijackers’ passports and then used the indicator to track them. The Saudis did this because they thought the hijackers were Islamist radicals and wanted to keep an eye on their movements. [Bamford, 2008, pp. 58-59] Details of the tracking by the Saudis are sketchy and there is no full list of the hijackers tracked in this manner. According to the 9/11 Commission, Almihdhar and the Alhazmi brothers had indicators of Islamist extremism in their passports. [9/11 Commission, 8/21/2004, pp. 33 pdf file] Two other hijackers may also have had the same indicator. [9/11 Commission, 7/24/2004, pp. 564]
The three who had the indicator are: -
bullet Nawaf Alhazmi, who obtained a passport containing an indicator in the spring of 1999 (see March 21, 1999), and then left Saudi Arabia (see After Early April 1999).
bullet Khalid Almihdhar, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 6, 1999 and June 1, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, Late 2000-February 2001, May 26, 2001, and July 4, 2001).
bullet Salem Alhazmi, who obtained passports containing an indicator in the spring of 1999 and June 2001 (see April 4, 1999 and June 16, 2001), and then repeatedly entered and left Saudi Arabia (see After Early April 1999, November 2000, June 13, 2001, and (Between June 20 and June 29, 2001)).
The two who may also have had the indicator are: -
bullet Ahmed Alhaznawi, who obtained a passport possibly containing an indicator before mid-November 2000 (see Before November 12, 2000) and then repeatedly entered and left Saudi Arabia (see After November 12, 2000, (Between May 7 and June 1, 2001), and June 1, 2001).
bullet Ahmed Alnami, who obtained passports possibly containing an indicator in late 2000 and spring 2001 (see November 6, 1999 and April 21, 2001) and then repeatedly entered and left Saudi Arabia (see Mid-November, 2000 and May 13, 2001).
What the indicator actually looks like in the passports is not known.

Entity Tags: Bandar bin Sultan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attorney General Michael Mukasey and Director of National Intelligence Michael McConnell write to Silvestre Reyes, the Democratic chairman of the House Intelligence Committee, about their desire to see the Protect America Act renewed. In the letter, they mention the failure to exploit NSA intercepts of calls between the 9/11 hijackers in the US and al-Qaeda’s main global communications hub, which apparently had the potential to thwart the 9/11 plot (see Early 2000-Summer 2001). They write: “[O]ne of the September 11th hijackers communicated with a known overseas terrorist facility while he was living in the United States. Because that collection was conducted under Executive Order 12333, the intelligence community could not identify the domestic end of the communication prior to September 11, 2001, when it could have stopped that attack.” [US Department of Justice and Office of the Director of National Intelligence, 2/28/2008 pdf file] Executive Order 12333 became law in 1981 and governed general activities by the US intelligence community. [US President, 12/4/1981] The order did allow the NSA to disseminate information about US persons to law enforcement officials in the event of an impending terrorist act. [US Congress: House Permanent Select Committee on Intelligence, 4/12/2000] The letter does not give more detailed reasons why Mukasey and McConnell think the NSA could not have traced the calls and informed the FBI of the two hijackers’ presence in the US (see (Spring 2000)). [US Department of Justice and Office of the Director of National Intelligence, 2/28/2008 pdf file] Similar incorrect statements have been made by numerous intelligence officials since December 2005, when the NSA’s warrantless wiretapping program was revealed (see December 17, 2005).

Entity Tags: National Security Agency, Michael Mukasey, Mike McConnell, Silvestre Reyes

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attorney General Michael Mukasey makes an apparent reference to the intercepts of the 9/11 hijackers’ calls by the NSA before the attacks in a speech pleading for extra surveillance powers. Mukasey says: “[Officials] shouldn’t need a warrant when somebody with a phone in Iraq picks up a phone and calls somebody in the United States because that’s the call that we may really want to know about. And before 9/11, that’s the call that we didn’t know about. We knew that there has been a call from someplace that was known to be a safe house in Afghanistan and we knew that it came to the United States. We didn’t know precisely where it went.” [FORA(.tv), 3/27/2008; New York Sun, 3/28/2008] According to a Justice Department response to a query about the speech, this appears to be a reference to the Yemen hub, an al-Qaeda communications facility previously alluded to by Mukasey in a similar context (see February 22, 2008). [Salon, 4/4/2008] However, the hub was in Yemen, not Afghanistan and, although it acted as a safe house, it was primarily a communications hub (see Early 2000-Summer 2001). In addition, the NSA did not intercept one call between it and the 9/11 hijackers in the US, but several, involving both Khalid Almihdhar and Nawaf Alhazmi, not just one of the hijackers (see Spring-Summer 2000, Mid-October 2000-Summer 2001, and (August 2001)). Nevertheless, the NSA failed to inform the FBI the hub was calling the US (see (Spring 2000)). (Note: it is possible Mukasey is not talking about the Yemen hub in this speech, but some other intercept genuinely from an al-Qaeda safe house in Afghanistan—for example a call between lead hijacker Mohamed Atta in the US and alleged 9/11 mastermind Khalid Shaikh Mohammed, who may have been in Afghanistan when such call was intercepted by the NSA (see Summer 2001 and September 10, 2001). However, several administration officials have made references similar to Mukasey’s about the Yemen hub since the NSA’s warrantless wiretapping program was revealed (see December 17, 2005).)

Entity Tags: Michael Mukasey

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

Some media outlets pick up on a claim made by Attorney General Michael Mukasey on March 27, 2008, when he said that the US intercepted a call to a 9/11 hijacker in the US from an al-Qaeda safe house in Afghanistan (see March 27, 2008). This was possibly a garbled reference to an al-Qaeda hub in Yemen (see Early 2000-Summer 2001) mentioned by several administration officials since the NSA’s warrantless wiretapping story was exposed (see December 17, 2005). The San Francisco Chronicle notes that Mukasey “did not explain why the government, if it knew of telephone calls from suspected foreign terrorists, hadn’t sought a wiretapping warrant from a court established by Congress to authorize terrorist surveillance, or hadn’t monitored all such calls without a warrant for 72 hours as allowed by law.” [San Francisco Chronicle, 3/28/2008] Salon commentator and former civil rights litigator Glenn Greenwald will attack Mukasey over the story, commenting, “These are multiple falsehoods here, and independently, this whole claim makes no sense.” [Salon, 3/29/2008; Salon, 4/4/2008]
9/11 Commission Comment - In response to a query from Greenwald, former 9/11 Commission executive director Philip Zelikow comments: “Not sure of course what [Mukasey] had in mind, although the most important signals intelligence leads related to our report… was not of this character. If, as he says, the [US government] didn’t know where the call went in the US, neither did we.” [Salon, 4/3/2008] (Note: the 9/11 Commission report may actually contain two cryptic references to what Mukasey is talking about (see Summer 2002-Summer 2004).) [9/11 Commission, 7/24/2004, pp. 87-88, 222] Former 9/11 Commission vice chairman Lee Hamilton initially refuses to comment, but later says: “I am unfamiliar with the telephone call that Attorney General Mukasey cited in his appearance in San Francisco on March 27. The 9/11 Commission did not receive any information pertaining to its occurrence.” [Salon, 4/3/2008; Salon, 4/8/2008]
Other Media - The topic will also be covered by Raw Story and mentioned by MSNBC host Keith Olbermann, who also attacks Mukasey: “What? The government knew about some phone call from a safe house in Afghanistan into the US about 9/11? Before 9/11?” He adds: “Either the attorney general just admitted that the government for which he works is guilty of malfeasant complicity in the 9/11 attacks, or he’s lying. I’m betting on lying.” [Raw Story, 4/1/2008; MSNBC, 4/1/2008; Raw Story, 4/3/2008] The story is also picked up by CBS commentator Kevin Drum, who appears to be unaware that information about some NSA intercepts of the hijackers’ calls was first made public by the Congressional Inquiry five years previously. However, Drum comments: “[T]his deserves some followup from the press. Mukasey has spoken about this in public, so if he’s claiming that FISA prevented us from intercepting a key call before 9/11 he also needs to defend that in public.” [CBS, 4/3/2008; CBS, 4/4/2008] A group of Congressmen also formally asks the Justice Department for an explanation of the matter (see April 3, 2008).

Entity Tags: Michael Mukasey, Kevin Drum, Lee Hamilton, Philip Zelikow, US Department of Justice, Glenn Greenwald, Keith Olbermann

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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