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Context of 'August 29, 1997: Attorney’s Office Wins Partial Exception from ‘Wall’ Procedures'

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Due to apparent problems with the use of intelligence information in criminal proceedings, a set of procedures that later becomes known as the “wall” begins to take shape. The FBI, which performs both criminal and counterintelligence functions, normally obtains two types of warrants: criminal warrants and warrants under the recently passed Foreign Intelligence Surveillance Act (FISA). FISA warrants are thought to be easier to obtain, as the FBI only has to show that there is probable cause to believe the subject is a foreign power or an agent of one. Sometimes a case begins as an intelligence investigation, but results in a criminal prosecution. In court the defense can then argue that the government has abused FISA and obtained evidence by improperly using the lower standard, so any evidence obtained under FISA should not be allowed in court. Although the government can use information it happens to obtain under a FISA warrant for a criminal prosecution, if the purpose of obtaining information under a FISA warrant is for a criminal prosecution, this is in violation of the Fourth Amendment’s prohibition against warrantless searches. To combat this apparent problem, the special FISA Court decides that for a warrant under FISA to be granted, collecting intelligence information must be the primary purpose, although such information can be used in a criminal investigation provided the criminal investigation does not become the primary purpose of the surveillance or search. As a result of these procedures, when the FBI is conducting an intelligence investigation and uncovers evidence of criminal activity, it no longer consults local United States Attorneys’ Offices, but prosecutors within the Justice Department’s Criminal Division. The prosecutors then decide when the local attorney’s office should become involved. [US Department of Justice, 11/2004, pp. 21-24 pdf file] The wall will be extended in the 1990s (see July 19, 1995) and will be much criticized before and after 9/11 (see July 1999 and April 13, 2004).

Entity Tags: Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, US Department of Justice, Foreign Intelligence Surveillance Court

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Peter Galbraith.Peter Galbraith. [Source: CBC]US President Bill Clinton and National Security Adviser Anthony Lake decide that they will give the Bosnians a “green light” for the arms supply pipeline from Iran to Croatia. The CIA is not consulted. Lake passes the word on to US ambassador to Croatia Peter Galbraith by “cleverly” telling him that they have “no instructions” for him with regard to the Iranian arms shipments. [Wiebes, 2003, pp. 167- 168] Two days later, Galbraith passes the “no instructions” message on to Croatian President Franjo Tudjman, making it clear that the US government is giving him a green light for Croatia to conduct arms deals with Iran. [APF Reporter, 1997]

Entity Tags: Anthony Lake, Franjo Tudjman, Military Professional Resources Inc., William Jefferson (“Bill”) Clinton, Peter Galbraith

Timeline Tags: Complete 911 Timeline

Deputy Attorney General Jamie Gorelick issues a memo establishing procedures to regulate prosecutors’ and criminal investigators’ access to intelligence information generated in the wake of the 1993 WTC bombing cases (see February 26, 1993). These new procedures effectively extend the so-called “wall” that arose in the early 1980s. During the criminal investigation of the bombing, the FBI came across counterintelligence information related to Islamic extremists operating inside the United States, so it began an intelligence investigation. The new procedures are established because the Justice Department does not want to be perceived as using warrants issued under the Foreign Intelligence Surveillance Act (FISA), which are thought to be easier to obtain than criminal warrants, to further the criminal investigations, because this might possibly lead to problems in court (see Early 1980s). In the memo, Gorelick, who will later be a 9/11 Commissioner (see December 16, 2002), acknowledges that the procedures go “beyond what is legally required.” [US Department of Justice, 11/2004, pp. 28 pdf file; Lance, 2006, pp. 549-550] A similar set of controversial procedures is issued later covering all intelligence investigations (see July 19, 1995). However, Andrew McCarthy, one of the WTC prosecutors cut off from the information, will later say this policy is “excessively prohibitive” and “virtually guaranteed intelligence failure” in the fight against terrorism. McCarthy will also note that there already are procedures in place to prevent the misuse of FISA-derived evidence. [National Review, 4/19/2004]

Entity Tags: Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, Andrew McCarthy, Jamie Gorelick, US Department of Justice

Timeline Tags: Complete 911 Timeline

Attorney General Janet Reno, who signed the 1995 Procedures memo.Attorney General Janet Reno, who signed the 1995 Procedures memo. [Source: US Department of Justice]The Justice Department issues the “wall” memo, a later heavily criticized memo that establishes procedures to regulate the flow of information from FBI intelligence investigations to criminal investigators and prosecutors. Such procedures already exist, but this “wall” is now formalized and extended. The memo is signed by Attorney General Janet Reno, but is based on a similar one recently issued by Deputy Attorney General Jamie Gorelick governing the 1993 WTC bombing cases (see March 4, 1995). The wall exists to prevent defendants from successfully arguing in court that information gathered under a warrant issued under the Foreign Intelligence Surveillance Act (FISA) should not be used in a criminal prosecution, as the standard for obtaining a FISA warrant is considered to be lower than that for obtaining a criminal search warrant (see Early 1980s). Such arguments are usually unsuccessful, according to the Justice Department’s Office of Legal Counsel, which believes that courts are showing “great deference” to the government when such challenges are made. The procedures, which now apply to all intelligence investigations regardless of whether or not a FISA warrant has been issued, state that the FBI must consult the Justice Department’s Criminal Division, not local United States Attorneys’ offices, about intelligence investigations when it is considering starting a parallel criminal investigation, and that it must do so when there is reasonable indication of a significant federal crime. This means that FBI headquarters has veto power over whether a field office can contact a local prosecutor about an intelligence investigation. However, Criminal Division prosecutors should only be consulted and cannot control an investigation. [Office of the Attorney General, 7/19/1995; US Department of Justice, 11/2004, pp. 25-30 pdf file] These procedures will be implemented in such a way that even greater restrictions are placed on information sharing (see (Late 1995-1997)), although a partial exception will be created for the Southern District of New York, which handles a lot of terrorism work (see August 29, 1997). The procedures will also be much criticized for the way they are implemented in the FBI (see July 1999). The increased barriers to information sharing often mean that the FBI monitors terrorists as before, but the information does not get passed to criminal investigators, so the cells carry on operating in the US and the FBI carries on monitoring them. For example, the FBI monitors a Florida-based cell that funds and recruits for jihad throughout the world for nearly a decade before it is rolled up (see (October 1993-November 2001)). Some money raised by terrorism financiers in the US goes to Bosnia, where the US has a policy of enabling covert support for the Muslim side in the civil war (see April 27, 1994). Prosecutor Andrew McCarthy will later call the wall a “rudimentary blunder,” and say that it “was not only a deliberate and unnecessary impediment to information sharing; it bred a culture of intelligence dysfunction.” [National Review, 4/13/2004] John Ashcroft, Attorney General in the Bush Administration (see April 13, 2004), will say that “Government buttressed this ‘wall’,” and will call it the “single greatest structural cause for September 11.” [9/11 Commission, 4/13/2004]

Entity Tags: US Department of Justice, John Ashcroft, Jamie Gorelick, Janet Reno, Federal Bureau of Investigation, Foreign Intelligence Surveillance Act, Andrew McCarthy

Timeline Tags: Complete 911 Timeline

Following the issuance of the “wall” memo, which established procedures to regulate the flow of information from intelligence investigations by the FBI to local criminal prosecutors (see July 19, 1995), an additional information sharing “wall” is erected inside the FBI. After 9/11, the Justice Department’s Office of Inspector General will find, “Although it is unclear exactly when this ‘wall’ within the FBI began, [it was] sometime between 1995 and 1997.” This additional wall segregates FBI intelligence investigations from FBI criminal investigations and restricts the flow of information from agents on intelligence investigations to agents on criminal investigations, because of problems that may occur if the flow is not regulated (see Early 1980s). If an intelligence agent wants to “pass information over the wall” to a criminal agent, he should get approval from one of his superiors, either locally or at FBI headquarters. A description of wall procedures comes to be commonplace in all warrant requests filed under the Foreign Intelligence Surveillance Act (FISA). [US Department of Justice, 11/2004, pp. 30-32 pdf file] However, FBI agents often ignore these restrictions and over a hundred cases where information is shared without permission between intelligence and criminal FBI agents will later be uncovered (see Summer-October 2000 and March 2001).

Entity Tags: Federal Bureau of Investigation, Foreign Intelligence Surveillance Act, US Department of Justice

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

The CIA’s Counter Terrorism Center creates a special unit focusing specifically on bin Laden. It is informally called Alec Station. About 10 to 15 individuals are assigned to the unit initially. This grows to about 35 to 40 by 9/11. [US Congress, 9/18/2002] The unit is set up “largely because of evidence linking [bin Laden] to the 1993 bombing of the WTC.” [Washington Post, 10/3/2001] Newsweek will comment after 9/11, “With the Cold War over, the Mafia in retreat, and the drug war unwinnable, the CIA and FBI were eager to have a new foe to fight.… Historical rivals, the spies and G-men were finally learning to work together. But they didn’t necessarily share secrets with the alphabet soup of other enforcement and intelligence agencies, like Customs and the Immigration and Naturalization Service, and they remained aloof from the Pentagon. And no amount of good will or money could bridge a fundamental divide between intelligence and law enforcement. Spies prefer to watch and wait; cops want to get their man.” [Newsweek, 10/1/2001] Michael Scheuer will lead the unit until 1999. He will later become a vocal critic of the US government’s efforts to combat terrorism. He later recalls that while bin Laden is mostly thought of merely as a terrorist financier at this time, “we had run across bin Laden in a lot of different places, not personally but in terms of his influence, either through rhetoric, through audiotapes, through passports, through money-he seemed to turn up everywhere. So when we [created the unit], the first responsibility was to find out if he was a threat.” [Vanity Fair, 11/2004] By the start of 1997, the unit will conclude bin Laden is a serious threat (see Early 1997).

Entity Tags: Osama bin Laden, Michael Scheuer, Alec Station, Al-Qaeda, Counterterrorist Center

Timeline Tags: Complete 911 Timeline

TWA Flight 800 crashes off the coast of Long Island, New York, killing the 230 people on board. The cause of the crash is debated for a long time afterward, and terrorism is considered a possibility. With this accident in mind, President Clinton requests, and Congress approves, over $1 billion in counterterrorism-related funding in September 1996. [Clarke, 2004, pp. 130]

Entity Tags: US Congress, William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline

Mary Jo White.Mary Jo White. [Source: CNN]Mary Jo White, US Attorney for the Southern District of New York, which handles a lot of terrorism investigations, complains about the “wall” procedures regulating the passage of intelligence information to US attorneys and criminal agents at the FBI. The rules were recently formalized (see July 19, 1995), but she says that the 1995 procedures are building “unnecessary and counterproductive walls that inhibit rather than promote our ultimate objectives [and that] we must face the reality that the way we are proceeding now is inherently and in actuality very dangerous.” Following her complaints, an exception is created for the Southern District of New York Attorneys’ Office. The office works with the FBI’s I-49 squad, which handles international terrorism matters (see January 1996 and Late 1998-Early 2002). The FBI can now notify this office of evidence of a crime directly, without consulting the Justice Department. Once this is done, the office would then contact two units in the Justice Department, the Criminal Division and the Office of Intelligence Policy and Review. [US Department of Justice, 11/2004, pp. 29 pdf file]

Entity Tags: I-49, Federal Bureau of Investigation, Mary Jo White, Foreign Intelligence Surveillance Act, US Department of Justice, Southern District of New York Attorneys’ Office

Timeline Tags: Complete 911 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

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

Entity Tags: Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

The Justice Department’s Office of Inspector General issues a report into the FBI’s use of intelligence information in an investigation into campaign finance, and this report is critical of the “wall”. The “wall” regulates the passage of some information from FBI intelligence investigations to criminal FBI agents and prosecutors, to ensure such information can legitimately be used in court (see Early 1980s). After the procedures were formalized (see July 19, 1995), the FBI drastically reduced its consultations with Justice Department attorneys about intelligence investigations, because any consultation with such attorneys could result in an intelligence warrant not being granted, as it may lead authorities reviewing a warrant application to conclude that the warrant was really being sought for a criminal investigation, not an intelligence investigation. The result is that the FBI does not ask for input from prosecutors until it is ready to close an intelligence investigation and “go criminal.” The campaign finance report finds that FBI failed to disclose some information from intelligence investigations not only to Congress and the Attorney General, but also to its own Director, Louis Freeh. The “wall” procedures are found to be vague and ineffective, as well as misunderstood and often misapplied. [US Department of Justice, 11/2004, pp. 32-33 pdf file] The “wall” procedures are also criticized by other reports (see May 2000).

Entity Tags: Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: Complete 911 Timeline

The NSA intercepts more calls involving an al-Qaeda communications hub in Sana’a, Yemen (see Early 1999 and Summer 1999). The names of Khaled, who turns out to be 9/11 hijacker Khalid Almihdhar, and others are mentioned in the calls. However, the NSA reportedly does not think the intelligence gleaned from the calls is important and does not disseminate it. [US Congress, 7/24/2003, pp. 156 pdf file] However, the FBI regarded the hub as a key element in al-Qaeda’s communications network and after 9/11 a senior US counterterrorism official will say, “The NSA was well aware of how hot the number was… and how it was a logistical hub for al-Qaeda.” Several plots are stopped based on information obtained from listening to calls to and from the hub (see Late 1998-Early 2002). [Los Angeles Times, 12/21/2005]

Entity Tags: National Security Agency, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s New York field office, which specializes in international terrorism and houses the I-49 squad that focuses on Osama bin Laden (see January 1996), receives information from the NSA about a wiretap on the phone of 9/11 hijacker Khalid Almihdhar. The information concerns travel by Almihdhar, fellow alleged hijacker Nawaf Alhazmi, and other operatives to an al-Qaeda summit in Kuala Lumpur, Malaysia (see December 29, 1999, Shortly Before December 29, 1999, and January 5-8, 2000), but the office, like the rest of the FBI, is not told Almihdhar has a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000). However, the New York office apparently does not realize it has this information and when investigators become aware of its importance in June 2001 they will conduct a running argument with FBI headquarters and the CIA over whether they can receive it again (see June 11, 2001). [US Department of Justice, 11/2004, pp. 293 pdf file]

Entity Tags: National Security Agency, I-49, FBI New York Field Office, Nawaf Alhazmi, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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 photocopy of Nawaf Alhazmi’s passport. No image of Khalid Almihdhar’s passport has been released, but it would have looked similar to this one.A photocopy of Nawaf Alhazmi’s passport. No image of Khalid Almihdhar’s passport has been released, but it would have looked similar to this one. [Source: FBI]The CIA is aware that hijacker Khalid Almihdhar is staying at a highly monitored al-Qaeda communication hub (see Late 1998-Early 2002) and is planning to travel to an al-Qaeda meeting in Malaysia. He is closely watched as leaves the hub and flies from Sana’a, Yemen, to Dubai, United Arab Emirates, on his way to Malaysia. Agents from eight CIA offices and six friendly foreign intelligence services are all asked to help track him, in the hopes he will lead them to bigger al-Qaeda figures. [Stern, 8/13/2003; 9/11 Commission, 1/26/2004, pp. 6 pdf file] The CIA and local authorities are running an operation to track militants transiting Dubai airport (see 1999), and United Arab Emirates officials secretly make copies of his passport as he is passing through it, immediately reporting this to the CIA. [Bamford, 2004, pp. 224] Another account suggests CIA agents break into Almihdhar’s Dubai hotel room and photocopy the passport there. Either way, the information is immediately faxed to Alec Station, the CIA’s bin Laden unit. [Wright, 2006, pp. 311] The CIA not only learns his full name, but also discovers the vital fact that he has a multiple entry visa to the US that is valid from April 1999 to April 2000. But even though the CIA now knows about this US visa which indicates he plans to go to New York City, they do not place him on a terror watch list and they fail to tell the FBI about the visa. [Bamford, 2004, pp. 224; 9/11 Commission, 1/26/2004, pp. 6 pdf file]

Entity Tags: United Arab Emirates, Nawaf Alhazmi, Alec Station, Central Intelligence Agency, Khalid Almihdhar, Al-Qaeda

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

A Justice Department report into the handling of the Wen Ho Lee investigation attacks the “wall” procedures. The “wall” regulates the passage of some information from FBI intelligence investigations to criminal FBI agents and prosecutors, to ensure such information can legitimately be used in court (see Early 1980s). After the procedures were formalized (see July 19, 1995), they were criticized in a 1999 Justice Department report (see July 1999). The Wen Ho Lee report finds that additional requirements imposed by the Office of Intelligence Policy and Review (OIPR) at the Justice Department (see (Late 1995-1997)) that hamper consultations between agents on intelligence investigations and attorneys at the Justice Department’s Criminal Division are actually in contravention of the procedures specified in the original 1995 memo. The report states, “It is clear from interviews… that, in any investigation where [the Foreign Intelligence Surveillance Act (FISA)] is employed or even remotely hoped for (and FISA coverage is always hoped for), the Criminal Division is considered radioactive by both the FBI and the OIPR.” It also says that the FBI’s deputy director has told agents that contacting prosecutors without the OIPR’s permission is a “career stopper.” Another report, published in July 2001, finds that some improvements have been made in this area, but recommends further steps. [US Department of Justice, 11/2004, pp. 33-36 pdf file]

Entity Tags: US Department of Justice, Federal Bureau of Investigation, Foreign Intelligence Surveillance Act

Timeline Tags: Complete 911 Timeline

The Justice Department’s Office of Intelligence Policy and Review (OIPR), which helps obtain warrants under the Foreign Intelligence Surveillance Act (FISA), discovers errors in several al-Qaeda related FISA applications under a counterterrorist program called “Catcher’s Mitt.” The OIPR verbally notifies the FISA Court of the errors, which are mostly in affidavits submitted by supervisory special agents at field offices. Then, in September and October 2000, the OIPR submits two pleadings to the court regarding approximately 75-100 applications with errors starting in July 1997. Many of the errors concern misleading statements about the nature of collaboration between criminal and intelligence agents. Most of these applications stated that the FBI New York field office, where the I-49 squad focusing on al-Qaeda was based (see January 1996 and Late 1998-Early 2002), had separate teams of agents handling criminal and intelligence investigations. But in actual fact the I-49 agents intermingled with criminal agents working on intelligence cases and intelligence agents working on criminal cases. Therefore, contrary to what the FISA Court has been told, agents working on a criminal investigation have had unrestricted access to information from a parallel intelligence investigation—a violation of the so-called “wall,” the set of bureaucratic procedures designed to separate criminal and intelligence investigations (see July 19, 1995). [Newsweek, 5/27/2002; Newsweek, 3/29/2004; US Department of Justice, 11/2004, pp. 36-37 pdf file] The information about al-Qaeda in these cases is also shared with assistant US attorneys without FISA permission being sought or granted first. Other errors include the FBI director wrongly asserting that the target of a FISA application was not under criminal investigation, omissions of material facts about a prior relationship between the FBI and a target, and an interview of a target by an assistant US attorney. [Foreign Intelligence Surveillance Court, 5/17/2002] This leads the FISA Court to impose new requirements regarding the “wall” (see October 2000). Similar problems will be found in FISA applications for surveillance of Hamas operatives (see March 2001).

Entity Tags: Office of Intelligence Policy and Review, US Department of Justice, Foreign Intelligence Surveillance Court, I-49, Foreign Intelligence Surveillance Act, FBI New York Field Office, Federal Bureau of Investigation, Catcher’s Mitt

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

The FBI and other US intelligence agencies have been monitoring an al-Qaeda communications hub in Sana’a, Yemen, since the attacks on US embassies in East Africa, and have used it to map al-Qaeda’s global network (see Late August 1998 and Late 1998-Early 2002). In the run-up to the bombing of the USS Cole in Aden, Yemen, the FBI notices that there is increased telephone activity to and from the Sana’a hub. One of the messages says that bin Laden is planning a “Hiroshima-type event” (see (August 2000)). [PBS, 10/3/2002]

Entity Tags: Al-Qaeda, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

The CIA’s bin Laden unit, Alec Station, reduces the FBI’s access to NSA material tracking al-Qaeda members. The FBI had previously used such intercepts to map al-Qaeda’s global network (see Late 1998-Early 2002). The NSA intercepts at least one call from the 9/11 hijackers in the US to an al-Qaeda communications hub in Yemen after this (see Mid-October 2000-Summer 2001 and (August 2001)), but does not tell the FBI. Authors Joe and Susan Trento will comment that by doing this and withholding the hijackers’ identities from the FBI, “the CIA effectively ended any chance in the months leading up to 9/11 of discovering that [Khalid Almihdhar and Nawaf Alhazmi] were actually al-Qaeda agents destined to play major roles in the 9/11 attacks.” The CIA repeatedly fails to tell the FBI what it knows about Alhazmi and Almihdhar (see 9:30 a.m. - 4:00 p.m. January 5, 2000, January 5, 2001 and After, and June 11, 2001). [Trento and Trento, 2006, pp. 194] There is a long history of the NSA not wanting other US government agencies to have access to NSA material about al-Qaeda (see December 1996, Late August 1998, Between 1996 and August 1998, and Before September 11, 2001).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Nawaf Alhazmi, Susan Trento, Khalid Almihdhar, Alec Station, National Security Agency, Joseph Trento

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Margaret Gillespie.Margaret Gillespie. [Source: Doug Dreyer / Associated Press]The FBI and the CIA hold a meeting to discuss the investigation into the USS Cole bombing and a possible connection between it and al-Qaeda’s Malaysia summit (see January 5-8, 2000). However, the CIA and FBI headquarters refuse to share all they know, and agents investigating the Cole bombing become angry over this.
Attendees - The meeting, which lasts between two and four hours, is attended by CIA officer Clark Shannon, FBI headquarters agent Dina Corsi, an FBI agent loaned to the CIA named Margaret Gillespie, FBI agent Steve Bongardt, FBI agent Russell Fincher, and Assistant US Attorney David Kelley.
Purpose - Although there is no agenda for the meeting and Corsi will later say it is a brainstorming session, author Lawrence Wright will say that one of the reasons for the meeting is that CIA officer Tom Wilshire, an associate of Shannon’s, “want[ed] to know… what the FBI knew” about al-Qaeda’s Malaysia summit. [ABC News, 8/16/2002; US Department of Justice, 11/2004, pp. 289-294 pdf file; New Yorker, 7/10/2006 pdf file] FBI agent Ali Soufan will also say that he later learned that Wilshire “was fishing to see if the FBI knew anything about the men in the photos.” [Soufan, 2011, pp. 243]
Photos Shown - Initially, Bongardt and Fincher brief Shannon on progress in the Cole investigation. Corsi then shows the two Cole investigators three photographs taken at al-Qaeda’s Malaysia summit in 2000 (see January 5-8, 2000), showing future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, and another man, and Shannon asks if the agents recognize Fahad al-Quso, who is thought to have attended the Malaysia summit and has been interviewed by the FBI. However, one of the photos shows Khalid Almihdhar, Nawaf Alhazmi, and a tree, and the CIA has already recognized Almihdhar and Alhazmi, so it is unclear how the Cole investigators are supposed to recognize al-Quso in the photo. Corsi received the photographs from Wilshire, but Wilshire did not provide her with all the relevant information about them (see Late May, 2001).
Questions Asked - Bongardt and Fincher ask who is in the pictures, why were taken, and whether there are other photos of the meeting. Shannon refuses to say, but Corsi eventually admits one of the men is named Khalid Almihdhar. As a name alone is not sufficient reason to start an investigation, Bongardt asks for a date of birth or other details that will allow him to know which Khalid Almihdhar in the world is being discussed, but Shannon refuses to provide them. Shannon admits that Almihdhar was traveling on a Saudi passport and then leaves the meeting. Lawrence Wright will say that providing a date of birth is “standard procedure—the first thing most investigators would do.” Realizing that the photos pertain to the Cole investigation, Bongardt and Fincher become angry at the lack of information being provided and the meeting descends into a “shouting match.” [ABC News, 8/16/2002; US Department of Justice, 11/2004, pp. 289-294 pdf file; New Yorker, 7/10/2006 pdf file]
What Shannon Knew - Shannon will later admit that at this time he knew Almihdhar had a US visa, that Alhazmi had traveled to the US in 2000, that al-Qaeda leader Khallad bin Attash had been recognized in one of the photos, and that Alhazmi was known to be an experienced operative. However, he does not tell any of this to any FBI agents, as he apparently thinks he does not have the authority. He does not let them keep copies of the photos either and will give conflicting accounts of the meeting after 9/11 (see Between September 12, 2001 and October 17, 2002). [US Congress, 7/24/2003 pdf file; US Department of Justice, 11/2004, pp. 289-292 pdf file]
Corsi Withholds Information - Corsi has NSA information saying Almihdhar and Alhazmi attended the Malaysia meeting, but apparently believes that the Cole agents cannot be told more because of restrictions on sharing intelligence with criminal agents (see July 19, 1995). However, one of the Cole agents present is an intelligence agent, so the information can be communicated to him immediately without Corsi obtaining permission from the NSA and/or Justice Department. In addition, the NSA sent the information to the FBI’s New York field office, where the Cole investigators are based, in 1999 (see December 1999-January 2000). Furthermore, when she asks the NSA’s permission to share the information 10 weeks later, the NSA approves the request on the same day (see August 27-28, 2001). She does not share the information at this time, but promises Bongardt and Fincher to try to do so later. The Cole agents will not receive more information for months. [US Congress, 9/20/2002; 9/11 Commission, 7/24/2004, pp. 269, 537]
Almihdhar Gets New Visa - Two days after this meeting, Almihdhar has no trouble getting a new, multiple reentry US visa (see May 2001 and June 13, 2001). [US News and World Report, 12/12/2001; US Congress, 9/20/2002]

Entity Tags: Dina Corsi, Khalid Almihdhar, David Kelley, Federal Bureau of Investigation, Clark Shannon, Margaret Gillespie, Ali Soufan, Steve Bongardt, Central Intelligence Agency, Russell Fincher, Khallad bin Attash, Nawaf Alhazmi, Lawrence Wright

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Staff at the FBI’s Minneapolis field office form the opinion that there is a “reasonable indication” Zacarias Moussaoui wants to commit a “significant federal crime,” meaning that, under the amended 1995 “wall” procedures (see July 19, 1995 and August 6, 2001), they must inform an attorney at the Justice Department’s Criminal Division about the case. However, Mike Maltbie, an agent with the FBI’s Radical Fundamentalist Unit, blocks the notification. Minneapolis agents Chris Briese and Greg Jones believe that if the Criminal Division were notified, it would then order Minneapolis to seek a criminal warrant to search Moussaoui’s belongings, overcoming opposition to the search being put up by Maltbie and his colleagues (see August 20-September 11, 2001 and August 21, 2001). However, Maltbie prevents the notification from being sent, saying that he does not see any evidence of a federal crime, and that asking for a criminal warrant could unfavorably affect the chances of getting a warrant under the Foreign Intelligence Surveillance Act (FISA), if the criminal application were unsuccessful. He also says that getting a FISA warrant is easier, although two days later he says obtaining a FISA warrant will “take a few months” (see August 24, 2001). [US Department of Justice, 11/2004, pp. 127-8, 143-4 pdf file]

Entity Tags: FBI Headquarters, Criminal Division (DoJ), US Department of Justice, Zacarias Moussaoui, Chris Briese, Greg Jones, Michael Maltbie, Radical Fundamentalist Unit

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Steve Bongardt, an FBI criminal agent investigating the bombing of the USS Cole, receives an e-mail from FBI headquarters asking the FBI’s New York office to start looking for future 9/11 hijacker Khalid Almihdhar under an intelligence investigation, but is forced to delete it following an argument with headquarters. The e-mail was not addressed to Bongardt, but forwarded to him by a supervisor, possibly in error. However, Bongardt calls Dina Corsi, the headquarters agent who wrote the e-mail, and expresses his surprise at the information contained in it, saying: “Dina, you got to be kidding me! Almihdhar is in the country?” He tells her the search should be conducted as a criminal investigation, not an intelligence investigation. Corsi incorrectly replies that the “wall” prevents the search from being carried out by criminal agents (see Early 1980s and July 19, 1995), as the investigation requires intelligence from the NSA that criminal agents cannot have, and she forces Bongardt to delete the e-mail from his computer (see August 29, 2001). [9/11 Commission, 7/24/2004, pp. 271; US Department of Justice, 11/2004, pp. 304 pdf file; Wright, 2006, pp. 353]

Entity Tags: Usama bin Laden Unit (FBI), Steve Bongardt, Dina Corsi, FBI New York Field Office, FBI Headquarters, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI opens an intelligence investigation to find future 9/11 hijacker Khalid Almihdhar, despite protests from the FBI New York field office that FBI headquarters has wrongly insisted on an intelligence investigation, when a criminal investigation would be more appropriate and have a better chance of finding him. The Justice Department’s office of inspector general will later conclude that “the designation of the Almihdhar matter as an intelligence investigation, as opposed to a criminal investigation, undermined the priority of any effort to locate Almihdhar.” Upon learning of the decision, Steve Bongardt, an investigator working on the USS Cole bombing investigation, writes to headquarters agent Dina Corsi to express his frustration. He points out that she is unable to produce any solid documentary evidence to support her view of the “wall,” a mechanism that restricts the passage of some intelligence information to criminal agents at the FBI (see Early 1980s and July 19, 1995), and that her interpretation of the “wall” is at odds with the purpose for which it was established. He adds: “Whatever has happened to this—someday someone will die—and wall or not—the public will not understand why we were not more effective and throwing every resource we had at certain ‘problems.’ Let’s hope the [Justice Department’s] National Security Law Unit will stand behind their decisions then, especially since the biggest threat to us now, UBL [Osama bin Laden], is getting the most ‘protection.’” [US Congress, 9/20/2002; New York Times, 9/21/2002; US Department of Justice, 11/2004, pp. 307-9 pdf file; New Yorker, 7/10/2006 pdf file] Both the Justice Department’s office of inspector general and the 9/11 Commission will later back Bongardt and say the investigation should have been a criminal investigation, as the “wall” procedures did not apply. The inspector general will comment that Bongardt “was correct that the wall had been created to deal with the handling of only [Foreign Intelligence Surveillance Act] information and that there was no legal barrier to a criminal agent being present for an interview with Almihdhar if it occurred in the intelligence investigation.” [US Department of Justice, 11/2004, pp. 351 pdf file] The 9/11 Commission will remark that Corsi “misunderstood” the wall and that, “Simply put, there was no legal reason why the information [Corsi] possessed could not have been shared with [Bongardt].” It will conclude: “It is now clear that everyone involved was confused about the rules governing the sharing and use of information gathered in intelligence channels. Because Almihdhar was being sought for his possible connection to or knowledge of the Cole bombing, he could be investigated or tracked under the existing Cole criminal case. No new criminal case was needed for the criminal agent to begin searching for [him]. And as the NSA had approved the passage of its information to the criminal agent, he could have conducted a search using all available information. As a result of this confusion, the criminal agents who were knowledgeable about al-Qaeda and experienced with criminal investigative techniques, including finding suspects and possible criminal charges, were thus excluded from the search.” [9/11 Commission, 7/24/2004, pp. 271, 539]

Entity Tags: Osama bin Laden, Steve Bongardt, Usama bin Laden Unit (FBI), Office of the Inspector General (DOJ), National Commision on Terrorist Attacks, Foreign Intelligence Surveillance Act, Dina Corsi, FBI Headquarters, Khalid Almihdhar, FBI New York Field Office

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

Patrick J. Fitzgerald is confirmed as US Attorney for the Northern District of Illinois, centering in Chicago. Senator Peter Fitzgerald (R-IL—no relation to Patrick Fitzgerald) nominated Fitzgerald for the position because he felt Fitzgerald, a native New Yorker and veteran prosecutor with no ties to Chicago, would be less likely to become corrupted by what he thought to be the “Chicago Democrat machine.” Fitzgerald had come highly recommended by, among others, Louis Freeh, then the director of the FBI. White House political chief Karl Rove later says that he did not oppose Fitzgerald’s nomination, though he was somewhat disturbed by Senator Fitzgerald’s insistence on the nomination. Rove will recall: “Senator Fitzgerald’s attitude was: ‘I’m not going to submit multiple names. I will take only one name, and this is all that is going to be acceptable.’ And we asked him to submit multiple names, and we also asked him to think about people from within the districts. Our predilection was to have people from within the district selected. We thought it, you know, encouraged a civic-minded attitude among lawyers. It made certain that you had some fresh blood that would flow in. If you pick people from outside the district, they tend to be career prosecutors. And Senator Fitzgerald was particularly unimpressed by this. He said that, in Chicago, the politics in Chicago were such that no US Attorney from Chicago could exist without being subverted by the political influence peddlers in Chicago, that they would be bought off by the big law firms and the Chicago Democrat machine. And so he was going to only provide us one name for each, the Northern District and the Southern District. Following my very effective telephone conversation with him, he responded by going out and announcing to the press that the president was nominating his two names from the Northern and Southern Districts.” Rove will say that he did not oppose Fitzgerald’s nomination, and it would not have been proper for him to do so: “That wasn’t mine—once that conversation was over, it wasn’t mine to have an opinion. I believe the president has a right to appoint. And that means that senators have, by tradition, the right to recommend. But they are usurping a presidential right when they go out and name the nominee before the president has even had a chance to evaluate multiple names and settle on who he wants and do the necessary staff work to arrive at it. Fortunately, Senator Fitzgerald recommended two good names, and both of them worked out. But it was an unusual process that involved, in my opinion, a congressional usurpation of a presidential power.” Senator Fitzgerald will later say that Rove told him the selection of Patrick Fitzgerald “ticked off the [Illinois Republican] base,” a statement Rove will call “inaccurate.… I chalk it up to an overactive imagination.” Rove will go on to imply, without directly saying, that US Attorney Fitzgerald prosecutes Governor George Ryan (R-IL) as something of a political favor to Senator Fitzgerald, as the governor and the senator are political rivals within the Illinois Republican Party. Experienced in prosecuting high-profile terrorism cases (see January 1996), Fitzgerald will go on to chair the terrorism subcommittee of the Attorney General’s Advisory Committee (AGAC) and later become special counsel for the Lewis Libby leak investigation (see December 30, 2003). [The American Lawyer, 12/11/2008; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file]

Entity Tags: Patrick J. Fitzgerald, George Ryan, Louis J. Freeh, Peter Fitzgerald, Karl C. Rove

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

Prosecutor Patrick Fitzgerald testifies before the Senate Committee on the Judiciary about post-9/11 legislative changes, and says that the removal of the “wall” was a significant step forward for US counterintelligence. The wall was a set of procedures which regulated the passage of intelligence information within the FBI and from the FBI to prosecutors (see July 19, 1995). Fitzgerald says the removal of the wall represented “the single greatest change that could be made to protect our country.” He cites four cases that he says are examples of how the wall and other such obstacles have hampered counterterrorism efforts:
bullet The arrest of Ali Mohamed. Fitzgerald claims it would have been “far less difficult” to arrest al-Qaeda operative Ali Mohamed for his involvement in the attacks on US embassies in East Africa (see September 10, 1998) had it not been for the wall. [US Congress, 10/21/2003] However, author Peter Lance will point out, “But Fitzgerald neglected to tell the senators that… prosecutors and FBI agents had been monitoring the bombing cell members for two years or that they’d had multiple face-to-face meetings with Mohamed himself.” Mohamed, who was called a “key figure” in the Day of Terror plot in the US press in early 1995 (see February 3, 1995), had actually met Fitzgerald a year before the arrest and told him that he had trained bin Laden’s bodyguards, lived in bin Laden’s house, loved and believed in bin Laden, and that he didn’t need a fatwa to attack the US, as it was obvious the US was the enemy (see After October 1997). [Lance, 2006, pp. 274-6, 299-300]
bullet The Day of Terror conspiracy. After the partial success of the World Trade Center bombing (see February 26, 1993), the conspirators planned to attack other targets in New York, but were arrested by the FBI, which had penetrated their cell. All of the arrested plotters were successfully convicted. However, Fitzgerald tells the committee, “Prosecutors were in the dark about the details of the plot until very late in the day.” [US Congress, 10/21/2003; Lance, 2006, pp. 118-9]
bullet The Millennium Alert. Fitzgerald says that in 1999, investigations into suspected millennium plots were hampered because “criminal prosecutors received information only in part and with lag time so as not to breach the wall.” All attacks planned for the millennium failed, including one plot to bomb the Los Angeles airport (see December 31, 1999-January 1, 2000).
bullet Sharing Wadih El-Hage’s grand jury interview. In 1997, Al-Qaeda operative El-Hage provided information about bin Laden and his associates to a grand jury. Fitzgerald wanted to pass some of this information along to intelligence investigators (see September 24, 1997) but was unable to because grand jury information cannot be shared with intelligence investigators. To get around this restriction, an FBI agent had to get El-Hage to repeat the information outside the grand jury room. (Note: this example is not directly related to the “wall” under the Foreign Intelligence Surveillance Act, but rather to a similar obstacle governing the passage of information in the opposite direction—from criminal agents to intelligence agents). [US Congress, 10/21/2003]

Entity Tags: Senate Judiciary Committee, Patrick J. Fitzgerald, Federal Bureau of Investigation, Ali Mohamed, Foreign Intelligence Surveillance Act, Peter Lance

Timeline Tags: Complete 911 Timeline

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

Attorney General John Ashcroft before the 9/11 Commission.Attorney General John Ashcroft before the 9/11 Commission. [Source: Associated Press]Attorney General John Ashcroft testifies publicly before the 9/11 Commission. Due to information leaked to the public about Ashcroft’s apparently poor performance and lack of interest in terrorism before the attacks (see Spring 2001, July 12, 2001, and September 10, 2001), in the words of author Philip Shenon, “Everybody expect[s] it to be a difficult day for Ashcroft—maybe the day that mark[s] the end of his tenure as George Bush’s attorney general.” Executing a strategy designed in advance by the Justice Department’s leadership, instead of defending his record, Ashcroft goes on the offensive against the Commission. First, Ashcroft withholds from the Commission a copy of his written statement, although all other witnesses provide this. Then, when his testimony starts, he blames the problems dealing with terrorist threats on information-sharing regulations set up by former Deputy Attorney General Jamie Gorelick, now a 9/11 commissioner. [Shenon, 2008, pp. 325-327]
Ashcroft Exaggerates Effect of Gorelick Memo - He comments: “The single greatest structural cause for September 11 was the ‘wall’ that segregated criminal investigators and intelligence agents. Government erected this ‘wall.’ Government buttressed this ‘wall.’ And before September 11, government was blinded by this ‘wall.’” The wall was a set of procedures that regulated the passage of information from FBI intelligence agents to FBI criminal agents and prosecutors to ensure that information obtained using warrants under the Foreign Intelligence Surveillance Act (FISA) would not be thrown out from criminal cases (see July 19, 1995). Ashcroft says that the wall impeded the investigation of Zacarias Moussaoui and that a “warrant was rejected because FBI officials feared breaching the ‘wall.’” (Note: two applications to search Moussaoui’s belongings were prepared. The first was not submitted because it was thought to be “shaky” (see August 21, 2001). The second warrant application was prepared as a part of an intelligence investigation under the Foreign Intelligence Surveillance Act, so it was not affected by the “wall” (see August 28, 2001)). According to Ashcroft, the wall also impeded the search for hijackers Khalid Almihdhar and Nawaf Alhazmi because criminal investigators were not allowed to join in. However, the 9/11 Commission will find that they could legally have helped, but were prevented from doing so by FBI headquarters (see August 29, 2001). Ashcroft asserts that 9/11 commissioner Jamie Gorelick was responsible for the wall. He cites a document he just declassified that had been written by Gorelick to deal with the two 1993 World Trade Center bombing cases (see March 4, 1995). That document becomes known as the “wall memo.” However, this memo only governed the two WTC cases; all other cases were governed by a different, but similar memo written by Attorney General Janet Reno a few months later (see July 19, 1995). [9/11 Commission, 4/13/2004]
Commission's Response - 9/11 Commission Chairman Thomas Kean and Vice Chairman Lee Hamilton will say that the “attorney general’s claim was overstated,” and that the two 1995 memos only codified a set of procedures that already existed (see Early 1980s). During questioning, Republican 9/11 commissioner Slade Gorton points out that Ashcroft’s deputy reaffirmed the procedures in an August 2001 memo that stated, “The 1995 procedures remain in effect today” (see August 6, 2001). [Kean and Hamilton, 2006, pp. 194-6] Ashcroft’s accusation against Gorelick produces an immediate public response. Commissioner Bob Kerrey (D-NE) will say: “Ashcroft was still speaking, and the e-mails were already coming in. The e-mails said things like, ‘You traitor, you should be ashamed of yourself for having somebody like Gorelick on the 9/11 Commission.’ I could see that this was a setup.” [Shenon, 2008, pp. 329]
Falsely Claims No Clinton Program to Kill Bin Laden - Ashcroft also claims there was no program to kill Osama bin Laden before 9/11, saying, “Let me be clear: my thorough review revealed no covert action program to kill bin Laden.” However, the 9/11 Commission has already found a memorandum of notification signed by President Clinton in 1998 after the African embassy bombings that allowed CIA assets to kill bin Laden, and two commissioners, Fred Fielding and Richard Ben-Veniste, point this out to Ashcroft. [9/11 Commission, 4/13/2004; 9/11 Commission, 7/24/2004, pp. 132, 485]
Attack Brings Commission Together - Paradoxically, the effect of Ashcroft’s attack is to bring the Commission—made up of five Democrats and five Republicans—together. Shenon will comment, “The Republicans were just as angry as the Democrats over what Ashcroft had done, maybe angrier.” Commissioner Slade Gorton (R-WA) will add, “There was universal outrage on the part of all 10 people.” [Shenon, 2008, pp. 332]

Entity Tags: Thomas Kean, Zacarias Moussaoui, Slade Gorton, Philip Shenon, Lee Hamilton, Khalid Almihdhar, 9/11 Commission, Bob Kerrey, Foreign Intelligence Surveillance Act, Fred F. Fielding, John Ashcroft, Nawaf Alhazmi, Richard Ben-Veniste

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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