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Context of 'September 11, 2001: FBI Agents Obtain Warrant for Moussaoui Too Late'

This is a scalable context timeline. It contains events related to the event September 11, 2001: FBI Agents Obtain Warrant for Moussaoui Too Late. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

A letter that Zacarias Moussaoui had in his possession when he was arrested. It is signed by Yazid Sufaat, whose apartment was used for a 9/11 planning meeting in January 2000 that was monitored by the authorities.A letter that Zacarias Moussaoui had in his possession when he was arrested. It is signed by Yazid Sufaat, whose apartment was used for a 9/11 planning meeting in January 2000 that was monitored by the authorities. [Source: US District Court for the Eastern District of Virginia, Alexandria Division] (click image to enlarge)After Zacarias Moussaoui is arrested, the FBI wishes to search his possessions (see August 16, 2001 and August 23-27, 2001). According to a presentation made by FBI agent Aaron Zebley at Moussaoui’s trial, the belongings are sufficient to potentially connect Moussaoui to eleven of the 9/11 hijackers: Mohamed Atta, Marwan Alshehhi, Ziad Jarrah, Hani Hanjour, Khalid Almihdhar, Nawaf Alhazmi, Fayez Banihammad, Ahmed Alhaznawi, Hamza Alghamdi, Satam Al Suqami, and Waleed Alshehri. The connections would be made, for example, through Ramzi bin al-Shibh, who spoke with Moussaoui on the telephone and wired him money (see July 29, 2001-August 3, 2001), and who was linked to three of the hijacker pilots from their time in Germany together (see November 1, 1998-February 2001). Bin al-Shibh also received money from Mustafa Ahmed al-Hawsawi, who was connected to hijacker Fayez Ahmed Banihammad (see June 25, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] Moussaoui’s notebook contained two recognizable control numbers for the Western Union wire transfers from bin al-Shibh and, according to McClatchy newspapers, a check on these numbers “would probably have uncovered other wires in the preceding days” to bin al-Shibh from al-Hawsawi. [McClatchy Newspapers, 9/11/2007] The discovery of the eleven hijackers could potentially have led to the discovery of some or all of the remaining eight plot members, as they were brothers (Wail and Waleed Alshehri, Nawaf and Salem Alhazmi), opened bank accounts together (see May 1-July 18, 2001 and June 27-August 23, 2001), lived together (see March 2001-September 1, 2001), obtained identity documents together (see April 12-September 7, 2001 and August 1-2, 2001), arrived in the US together (see April 23-June 29, 2001), and booked tickets on the same four flights on 9/11 (see August 25-September 5, 2001).

Entity Tags: Saeed Alghamdi, Salem Alhazmi, Satam Al Suqami, Waleed Alshehri, Zacarias Moussaoui, Ziad Jarrah, Wail Alshehri, Mohand Alshehri, Nawaf Alhazmi, Marwan Alshehhi, Ahmed Alhaznawi, Ahmed Alghamdi, Mohamed Atta, Fayez Ahmed Banihammad, Abdulaziz Alomari, Hani Hanjour, Hamza Alghamdi, Ahmed Alnami, Majed Moqed, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

When Zacarias Moussaoui is arrested (see August 16, 2001), he has a receipt on him for a Kinko’s store where he used a computer on August 12. The FBI does not go to this Kinko’s store to collect information about Moussaoui immediately after the arrest, but only on September 19, after the rest of Moussaoui’s belongings have been searched (see September 11, 2001). The FBI is told that the computers have been wiped and no information about Moussaoui’s use can be obtained. Due to the frequency with which Kinko’s computers are wiped, if the FBI visited the Kinko’s store immediately after the arrest, it is possible information about Moussaoui could have been recovered. Although the FBI is initially aware of some of Moussaoui’s e-mail addresses, in summer 2002 Moussaoui will reveal additional addresses he used and say he used them from this Kinko’s outlet. Although the Kinko’s computers have been wiped by 9/11, Microsoft, which operates the Hotmail service Moussaoui uses, can recover information up to 90 days after an account is last used, so the FBI could get the information it seeks from Microsoft until Mid-November 2001 (see (Late July-Early August, 2002)). However, the FBI does not know about the additional accounts at this point, partly because it was prevented from interviewing Moussaoui after 9/11 (see September 11-12, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 1/1/2003]

Entity Tags: Zacarias Moussaoui, Federal Bureau of Investigation, FBI Minnesota field office

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dave Frasca of the FBI’s Radical Fundamentalist Unit (RFU) denies a request from the Minneapolis FBI field office to seek a criminal warrant to search the belongings of Zacarias Moussaoui, who was arrested on August 15 as part of an intelligence investigation (see August 16, 2001 and August 16, 2001). Minneapolis agents believe they had uncovered sufficient evidence that Moussaoui is involved in a criminal conspiracy, and want to obtain a criminal search warrant instead of a warrant under the Foreign Intelligence Surveillance Act (FISA). But because they originally opened an intelligence investigation, they cannot go directly to the local US attorney’s office for the warrant. In order to begin a parallel criminal investigation, they must first obtain permission from the Office of Intelligence Policy and Review (OIPR) so they can pass the information over the “wall.” [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Harry Samit, a Minneapolis FBI agent on the Moussaoui case, calls Dave Frasca, the head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, to discuss the request. Samit tells Frasca that they have already completed the paperwork for a criminal investigation, but, according to Samit, Frasca says, “You will not open it, you will not open a criminal case.” Frasca says that argument for probable cause in seeking a criminal warrant is “shaky” and notes that if they fail to obtain a criminal warrant, they will be unable to obtain a warrant under FISA. Samit, who has only been with the FBI since 1999, defers to his superior, and writes on the paperwork, “Not opened per instructions of Dave Frasca.” Samit then tells his Chief Division Counsel, Coleen Rowley, about the conversation, and she also advises him that it would be better to apply for a warrant under FISA. When the Justice Department’s Office of Inspector General (OIG) interviews Frasca after 9/11, he will claim he never spoke to Samit about this matter, and that the conversation was with Chris Briese, one of Samit’s superiors. However, Briese will deny this and the OIG will conclude that the conversation was between Samit and Frasca. [US Department of Justice, 11/2004, pp. 128-132 pdf file; US Department of Justice, 3/1/2006 pdf file] To get a FISA search warrant for Moussaoui’s belongings the FBI must now show there is probable cause to believe Moussaoui is an agent of a foreign power. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] A criminal warrant to search Moussaoui’s belongings will be granted only after the 9/11 attacks (see September 11, 2001).

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s Minneapolis field office has submitted a memorandum to the Radical Fundamental Unit (RFU) at FBI headquarters for a search warrant under the Foreign Intelligence Surveillance Act (FISA) for Zacarias Moussaoui’s belongings (see August 23-27, 2001). Before it is submitted, RFU agent Mike Maltbie makes several alterations to the memo. In particular, he deletes a key section saying that a CIA officer had described Chechen rebel leader Ibn Khattab, to whom Moussaoui was connected, as an associate of bin Laden. He deletes this even though the FBI was recently warned that bin Laden and Ibn Khattab may be working together on attacks against US interests (see Before April 13, 2001). However, Minneapolis FBI agent Greg Jones objects in a lengthy e-mail that “we are setting this up for failure if we don’t have the foreign power connection firmly established for the initial review.” Jones also complains about other changes made by Maltbie, including:
bullet Maltbie changes a statement about Moussaoui “preparing himself to fight” to one saying he and an associate “train together in defensive tactics.”
bullet Maltbie changes the sentence, “Moussaoui was unable to give a convincing explanation for his paying $8300 for 747-400 training,” to “Moussaoui would give an explanation for his paying $8300 in cash for 747-700 flight simulation training.”
bullet Maltbie changes a statement that Moussaoui has no convincing explanation for the large sums of money he had to “Moussaoui would not explain the large sums of money known to have been in his possession.”
Maltbie responds by saying that they will attempt to put something together for the foreign power requirement and by changing some, but not all of the sections Jones complains about. However, Minneapolis is still unhappy and the Justice Department’s Office of Inspector General will state that after Jones’ complaints are taken into consideration the memo is only “slightly less persuasive.” The key section about Chechnya is not reinstated, but Moussaoui’s links to Chechnya are discussed at the relevant meeting with an attorney about the request (see August 28, 2001). [US Department of Justice, 11/2004, pp. 161-4, 209-211 pdf file]

Entity Tags: FBI Minnesota field office, FBI Headquarters, Radical Fundamentalist Unit, Greg Jones, Michael Maltbie

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Following the collapse of the FBI’s attempts to search Zacarias Moussaoui’s belongings (see August 28, 2001), the FBI begins working on a plan to deport him to France so his belongings can be searched there. The French ask that a law enforcement officer from the US accompany Moussaoui. The FBI’s Minneapolis field office and the FBI’s assistant legal attache in Paris ask that Minneapolis agent Harry Samit and an INS agent go to France with Moussaoui to brief the French and await the results of the search of his belongings. Radical Fundamentalist Unit (RFU) chief Dave Frasca opposes this plan. Michael Rolince, head of the bureau’s International Terrorism Operations Section, opposes it as well, later claiming that he thought Samit might try to obtain information from Moussaoui on the journey. For several days, Frasca and one of his subordinates, Mike Maltbie, continue to haggle with Minneapolis over whether Samit can accompany Moussaoui. But when the French and the assistant legal attache insist, they drop their objections. [US Department of Justice, 11/2004, pp. 171-3 pdf file] Minneapolis is highly unsatisfied with this solution and would have preferred to obtain a warrant to search his belongings. Samit writes before 9/11 that deporting Moussaoui “was a distant third in my list of desired outcomes, but at this point I am so desperate to get into his computer I’ll take anything.” [Federal Bureau of Investigation, 9/10/2001 pdf file] Samit will later accuse the RFU of “criminal negligence” because they were trying to “run out the clock” and deport Moussaoui, instead of prosecuting him. [Washington Post, 3/21/2006] The 9/11 attacks occur before the deportation can take place (see September 11, 2001).

Entity Tags: Zacarias Moussaoui, Michael Rolince, Michael Maltbie, Federal Bureau of Investigation, FBI Headquarters, Harry Samit, Radical Fundamentalist Unit, David Frasca

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two pages from Moussaoui’s notebooks mentioning Ahad Sabet (Ramzi bin al-Shibh’s alias), plus phone number and mention of his residence in Germany.Two pages from Moussaoui’s notebooks mentioning Ahad Sabet (Ramzi bin al-Shibh’s alias), plus phone number and mention of his residence in Germany. [Source: FBI]Within an hour of the 9/11 attacks, the Minnesota FBI uses a memo written to FBI headquarters shortly after Zacarias Moussaoui’s arrest to ask permission from a judge for the search warrant they have been desperately seeking. After the World Trade Center is hit for the first time at 8:46 a.m., Mike Maltbie of the Radical Fundamentalist Unit (RFU) at FBI headquarters calls the Minneapolis field office and talks to FBI agent Coleen Rowley. When Rowley says it is essential they get a warrant to search Moussaoui’s belongings, Maltbie instructs her to take no action, because it could have an impact on matters of which she is not aware. Rowley replies that it would have to be the “hugest coincidence” if Moussaoui were not related to the attack. She will recall that Maltbie replies that coincidence is the right word. Maltbie will later say he does not recall using the word “coincidence” in the conversation. Maltbie then consults Tom Ainora, an attorney at the FBI’s national security law unit, who says Minneapolis should seek the warrant. While Rowley is waiting for Maltbie to call back, one of her colleagues, Chris Briese, talks to RFU chief Dave Frasca. According to Briese, Frasca initially says there is not enough evidence for a criminal warrant, but when they find out the Pentagon has been hit Frasca consents. Frasca will say that he consents immediately. [Time, 5/21/2002; US Department of Justice, 11/2004, pp. 178-9 pdf file] Briese later tells Samit that Frasca also initially claims it is just “a coincidence.” [Minneapolis Star Tribune, 6/4/2006] A federal judge approves a criminal search warrant this afternoon. [New Yorker, 9/30/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] The Radical Fundamentalist Unit at FBI headquarters had previously blocked requests for criminal and intelligence search warrants (see August 21, 2001 and August 28, 2001). Rowley will note that this very memo was previously deemed insufficient by FBI headquarters to get a search warrant, and the fact that they are immediately granted one when finally allowed to ask shows “the missing piece of probable cause was only the [FBI headquarters’] failure to appreciate that such an event could occur.” [Time, 5/21/2002] After the warrant is granted, Moussaoui’s belongings are then rushed to an evidence response team, which discovers documents linking Moussaoui to 11 of the hijackers (see August 16, 2001). Rowley later suggests that if they had received the search warrant sooner, “There is at least some chance that… may have limited the September 11th attacks and resulting loss of life.” [Time, 5/27/2002]

Entity Tags: Michael Maltbie, Tom Ainora, Radical Fundamentalist Unit, Zacarias Moussaoui, Harry Samit, FBI Minnesota field office, National Security Law Unit, David Frasca, Chris Briese, FBI Headquarters, Coleen Rowley

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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