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By 1990, Arizona became one of the main centers in the US for radical Muslims, and it remains so through 9/11. A number of future al-Qaeda leaders live in Tucson, Arizona, in the early 1990s (see 1986). Around 1991, future 9/11 hijacker Hani Hanjour moved to Arizona for the first time (see October 3, 1991-February 1992) and he will spend much of the rest of the decade in the state. The FBI apparently remains largely oblivious of Hanjour, though one FBI informant claims that by 1998 they “knew everything about the guy.” [New York Times, 6/19/2002; Washington Post, 9/10/2002; 9/11 Commission, 7/24/2004, pp. 521] In 1994, the Phoenix FBI office uncovers startling evidence connecting Arizona to radical Muslim militants. According to FBI agent James Hauswirth, they are told that a group of “heavy duty associates” of al-Qaeda leader Sheikh Omar Abdul-Rahman have arrived in the area, fleeing New York in the wake of the 1993 World Trade Center bombing. They are in the area to train a recruit as a suicide bomber. The recruit apparently is an FBI informant. FBI agent Ken Williams, who will later author the July 2001 “Phoenix memo,” orders surveilance of the training. The informant is driven to a remote stretch of desert and instructed in how to use explosives. A device is thrown at a car, but it fails to explode. The FBI secretly videotapes the entire incident. One of the two men is later positively linked to Abdul-Rahman. But apparently the investigation into the people involved fails to make progress. Hauswirth later blames this on a lack of support from higher-ups in the Phoenix office, recalling, “The drug war was the big thing back then, and terrorism was way on the back burner.” Additionally, also in 1994, a key FBI informant will begin monitoring local radical militants (see October 1996). However, terrorism will remain a low priority for the Phoenix, Arizona, FBI office (see April 2000-June 2001). [Los Angeles Times, 5/26/2002; New York Times, 6/19/2002; Lance, 2003, pp. 209-210]

Entity Tags: James Hauswirth, Federal Bureau of Investigation, Omar Abdul-Rahman, Hani Hanjour, Ken Williams

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bomb making materials found in Yousef’s Manila apartment.Bomb making materials found in Yousef’s Manila apartment. [Source: CNN]After a late night raid of the Manila, Philippines, apartment central to the Bojinka plot (see January 6, 1995), investigators find what the Los Angeles Times will call “an intelligence gold mine.” [Los Angeles Times, 9/1/2002] Very quickly, a team of US intelligence agents joins Philippine investigators to sort through the evidence, which fills three police vans. Investigators are able to match fingerprints in the apartment with fingerprints on record for Ramzi Yousef, already believed to be the mastermind behind the 1993 World Trade Center bombing (see February 26, 1993). There are priests’ robes, pipe bombs, a dozen passports, chemicals, maps of the Pope’s planned route through Manila, and more. [Washington Post, 9/30/2001; Los Angeles Times, 9/1/2002] “The most damning information was gleaned from Yousef’s notebook computer, and four accompanying diskettes.” The data is encrypted and in Arabic, but technicians are quickly able to decipher and translate it. [Washington Post, 9/30/2001] Computer data includes “the names of dozens of associates, and photos of some; a record of five-star hotels; and dealings with a trading corporation in London, a meat market owner in Malaysia, and an Islamic center in Tucson, Ariz.… They describe how money moved through an Abu Dhabi banking firm.” [Washington Post, 9/23/2001] Photographs of all five operatives who would place bombs on airplanes are recovered from a deleted computer file. [Los Angeles Times, 5/28/1995] Wali Khan Amin Shah is identified from one of these five photos, plus a list of cell phone numbers found on the hard drive. He is traced to another Manila apartment and arrested on January 11. Under interrogation, Shah, who soon escapes from custody in unexplained circumstances (see January 13, 1995), confesses that most of the funds for the Bojinka plot were channeled to Yousef through a bank account belonging to Ahmad al-Hamwi, a Syrian working at the International Relations and Information Center (IRIC), a charity front run by Mohammed Jamal Khalifa, Osama bin Laden’s brother-in-law. [Washington Post, 9/30/2001] But despite these leads, Ramzi Yousef is the only other person successfully arrested based on all this data (and Yousef’s arrest will largely be due to an informant responding to an existing tip off program (see February 7, 1995)). The Philippine government will arrest other Bojinka plotters later in the year, including another one of the five operatives assigned to place bombs on the planes, but they will all be released (see April 1, 1995-Early 1996). Al-Hamwi is never arrested, while Khalifa is actually in US custody at the time of the Bojinka raid but is soon let go (see April 26-May 3, 1995). The IRIC will be closed down, but its operations are immediately taken over by another close associate of Khalifa (see 1995 and After).

Entity Tags: Ramzi Yousef, Operation Bojinka, Wali Khan Amin Shah, International Relations and Information Center, Abdul Hakim Murad, Mohammed Jamal Khalifa, Ahmad al-Hamwi

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI receives reports that a militant organization is planning to send students to the US for aviation training. The organization’s name remains classified, but apparently it is a different organization than one mentioned in a very similar warning the year before (see After May 15, 1998). The purpose of this training is unknown, but the organization viewed the plan as “particularly important” and it approved open-ended funding for it. The Counterterrorism Section at FBI headquarters issues a notice instructing 24 field offices to pay close attention to Islamic students from the target country engaged in aviation training. Ken Williams’s squad at the Phoenix FBI office receives this notice, although Williams does not recall reading it. Williams will later write his “Phoenix memo” on this very topic in July 2001 (see July 10, 2001). The 9/11 Congressional Inquiry later will conclude, “There is no indication that field offices conducted any investigation after receiving the communication.” [US Congress, 7/24/2003] However, an analyst at FBI headquarters conducts a study and determines that each year there are about 600 Middle Eastern students attending the slightly over 1,000 US flight schools. [New York Times, 5/4/2002; US Congress, 7/24/2003] In November 2000, a notice will be issued to the field offices, stating that it has uncovered no indication that the militant group is recruiting students. Apparently, Williams will not see this notice either. [US Congress, 7/24/2003]

Entity Tags: Federal Bureau of Investigation, Ken Williams

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A photocopy of Hani Hanjour’s 1999 pilot license.A photocopy of Hani Hanjour’s 1999 pilot license. [Source: FBI] (click image to enlarge)When Hani Hanjour attended flight schools between 1996 and 1998 he was found to be a “weak student” who “was wasting our resources” (see October 1996-December 1997), and when he tried using a flight simulator, “He had only the barest understanding what the instruments were there to do.” (see 1998) Yet, on this day, he is certified as a multi-engine commercial pilot by Daryl Strong in Tempe, Arizona. Strong is one of many private examiners independently contracted with the FAA. A spokesperson for the FAA’s workers union will later complain that contractors like Strong “receive between $200 and $300 for each flight check. If they get a reputation for being tough, they won’t get any business.” Hanjour’s new license allows him to begin passenger jet training at other flight schools, despite having limited flying skills and an extremely poor grasp of English. [Federal Aviation Administration, 4/25/2002; Government Executive, 6/13/2002; Associated Press, 6/13/2002] At the next flight school Hanjour will attend in early 2001, the staff will be so appalled at his lack of skills that they will repeatedly contact the FAA and ask them to investigate how he got a pilot’s license (see January-February 2001). After 9/11, the FBI will appear to investigate how Hanjour got his license and question and polygraph the instructor who signed off on his flying skills. The Washington Post will note that, since Hanjour’s pilot skills were so bad, the issue of how he was able to get a license “remains a lingering question that FAA officials refuse to discuss.” [Washington Post, 10/15/2001; CBS News, 5/10/2002] After gaining the license, Hanjour apparently returns to the Middle East. He will arrive back in the US in December 2000 (see (Early 2000-November 2000) and December 8, 2000).

Entity Tags: Daryl Strong, Hani Hanjour

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hani Hanjour’s September 10 US visa application, which was rejected. The fact he requested permission to stay in the US for three years is highlighted on the right.Hani Hanjour’s September 10 US visa application, which was rejected. The fact he requested permission to stay in the US for three years is highlighted on the right. [Source: National Review] (click image to enlarge)Future 9/11 hijacker Hani Hanjour applies for a US tourist/business visa at the US consulate in Jeddah, Saudi Arabia. Hanjour, who has already spent a good deal of time in the US (see October 3, 1991-February 1992, Spring 1996, October 1996-December 1997, and 1998), uses a passport issued on July 24, 2000. His application is incomplete, as he says he is a student, but fails to give his school’s name and address. After his application is screened, he is referred to a consular officer for an interview. [9/11 Commission, 8/21/2004, pp. 13, 174-5 pdf file] This consular officer is Shayna Steinger, who issues a total of 12 visas to the 9/11 hijackers (see July 1, 2000). [9/11 Commission, 12/30/2002, pp. 2; Office of the Inspector General (US Department of State), 1/30/2003] Hanjour’s application is denied as he says he wants to stay in the US for three years, raising concerns he might become an immigrant. Hanjour also says he wants to attend flight school in the US, changing his status to “student” from “tourist” after arrival. However, this is another reason Steinger denies the visa application, “because he has been in the States long enough to decide what he wanted.” Hanjour will return to the consulate two weeks later and successfully obtain a visa from Steinger using a different application (see September 25, 2000). [9/11 Commission, 8/21/2004, pp. 13, 174-5 pdf file] Steinger will later give a series of conflicting explanations about why she reversed her decision and issued the visa (see August 1, 2002, January 20, 2003, and December 30, 2003). After 9/11, a former consular official named Michael Springmann will say that while serving in Jeddah during the Soviet-Afghan War he was sometimes pressured to reverse denials of visa applications by the CIA for apparent mujaheddin (see September 1987-March 1989).

Entity Tags: Shayna Steinger, US Consulate, Jeddah, Saudi Arabia Office, Hani Hanjour, Michael Springmann

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 hijackers Hani Hanjour and Nawaf Alhazmi move together from San Diego to Mesa, Arizona, just outside Phoenix. [US News and World Report, 6/20/2004] While there, Hanjour spends time training at Arizona Aviation flight school, which he previously attended in January 1998 (see 1998). According to the 9/11 Commission, “He wanted to train on multi-engine planes, but had difficulties because his English was not good enough. The instructor advised him to discontinue but Hanjour said he could not go home without completing the training.” [9/11 Commission, 7/24/2004, pp. 226] He also attends the JetTech flight school in Phoenix (see January-February 2001). In March 2001, Hanjour moves to Paterson, New Jersey, where he rents an apartment with Salem Alhazmi (see March 2001-September 1, 2001).

Entity Tags: Hani Hanjour, Salem Alhazmi, Nawaf Alhazmi, Arizona Aviation flight school, JetTech

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sheik Omar Bakri Mohammed.Sheik Omar Bakri Mohammed. [Source: Matt Dunham/ Reuters]According to a senior Defense Department source quoted in the book “Intelligence Failure” by David Bossie, Defense Department personnel become aware of a Milan newspaper interview with Sheikh Omar Bakri Mohammed, a self-designated spokesman for al-Qaeda. In the interview, he brags about al-Qaeda recruiting “kamikaze bombers ready to die for Palestine.” Mohammed boasts of training them in Afghanistan. According to this source, the Defense Department seeks “to present its information [to the FBI], given the increased ‘chatter,’ of a possible attack in the United States just days before [9/11]. The earliest the FBI would see the [Defense Department] people who had the information was on September 12, 2001.” [Bossie, 5/2004] In 1998, Bakri had publicized a fax bin Laden sent him that listed the four objectives al-Qaeda had in their war with the US. First on the list was: “Bring down their airliners.” (see Summer 1998) The main focus of FBI agent Ken Williams’s July 2001 memo, warning about Middle Eastern students training in Arizona flight schools, was a member of Bakri’s organization (see July 10, 2001). In 2004, the US will charge Bakri with 11 terrorism-related crimes, including attempting to set up a terror training camp in Oregon and assisting in the kidnapping of two Americans and others in Yemen. [MSNBC, 5/27/2004]

Entity Tags: Sheikh Omar Bakri Mohammed, Federal Bureau of Investigation, Al-Qaeda, David Bossie

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Todd Lewis.Todd Lewis. [Source: NBC]After air traffic controllers at Washington Dulles International Airport notice an unidentified aircraft, later determined to be Flight 77, approaching Washington on their radar screens (see (Between 9:25 a.m. and 9:30 a.m.) September 11, 2001 and 9:32 a.m. September 11, 2001), they initially think it is a military fighter plane, due to its high speed and the way it is being flown. [ABC News, 10/24/2001; 9/11 Commission, 7/24/2004, pp. 9] Yet the alleged hijacker pilot of Flight 77 has been known for his poor flying skills. [Washington Post, 9/30/2001; New York Times, 5/4/2002]
Aircraft Performs Elaborate Maneuver - The Dulles controllers are unable to identify the plane because its transponder—which transmits identifying information about an aircraft to radar screens—has been turned off (see 8:56 a.m. September 11, 2001). [Washington Post, 9/11/2001; Washington Post, 9/12/2001] It is flying at almost 500 miles per hour while approaching Washington, and then performs a rapid downward spiral, “dropping the last 7,000 feet in two and a half minutes,” before hitting the Pentagon (see 9:34 a.m.- 9:37 a.m. September 11, 2001). [CBS News, 9/21/2001; USA Today, 8/12/2002]
Moving 'Like a Military Aircraft' - Controller Danielle O’Brien will later recall: “The speed, the maneuverability, the way that he turned, we all thought in the radar room, all of us experienced air traffic controllers, that that was a military plane. You don’t fly a 757 in that manner. It’s unsafe.” [ABC News, 10/24/2001] Another controller, Todd Lewis, will recall: “[N]obody knew that was a commercial flight at the time. Nobody knew that was American 77.… I thought it was a military flight. I thought that Langley [Air Force Base] had scrambled some fighters and maybe one of them got up there.… It was moving very fast, like a military aircraft might move at a low altitude.” [MSNBC, 9/11/2002]
Alleged Pilot 'Could Not Fly at All' - Yet many people who have met Hani Hanjour, the hijacker allegedly at the controls of Flight 77, considered him to be a very poor pilot (see October 1996-December 1997, 1998, February 8-March 12, 2001, and (April-July 2001)). Just a month previously, an airport refused to rent him a single-engine Cessna plane because instructors there found his flying skills so weak (see Mid-August 2001). [Gazette (Greenbelt), 9/21/2001; Newsday, 9/23/2001] And an employee at a flight school Hanjour attended earlier in the year will later comment: “I’m still to this day amazed that he could have flown into the Pentagon. He could not fly at all” (see January-February 2001). [New York Times, 5/4/2002]

Entity Tags: Hani Hanjour, Todd Lewis, Danielle O’Brien, Washington Dulles International Airport

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Before crashing into the Pentagon, Flight 77 performs a rapid downward spiral, flying almost a complete circle and descending 7,000 feet in two and a half minutes. [CBS News, 9/21/2001]
330-Degree Turn - At 9:34 a.m., Flight 77 is about 3.5 miles west-southwest of the Pentagon. But, at an altitude of around 7,000 feet, it is flying too high to hit its target. [CBS News, 9/21/2001; New York Times, 10/16/2001; National Transportation Safety Board, 2/19/2002 pdf file] Based on an analysis of radar data and information from the plane’s flight data recorder, a 2002 National Transportation Safety Board report will describe the maneuver the aircraft then performs: “[Flight 77] started a right 330-degree descending turn to the right. At the end of the turn, the aircraft was at about 2,000 feet altitude and four miles southwest of the Pentagon. Over the next 30 seconds, power was increased to near maximum and the nose was pitched down in response to control column movements.” The aircraft accelerates to about 530 miles per hour as it closes in on the Pentagon. [National Transportation Safety Board, 2/19/2002 pdf file]
Controllers Watch on Radar - Air Traffic Controllers at Washington Dulles International Airport follow Flight 77 on their radar screens as it performs this maneuver. Danielle O’Brien will later recall: “John, our supervisor, relayed verbatim, ‘OK, he’s 12 miles west, he’s moving very fast eastbound.… Eleven miles west.’ And it was just a countdown. Ten miles west, nine miles west.… And it went six, five, four, and I had it in my mouth to say three, and all of a sudden the plane turned away. In the room it was almost a sense of relief.” [ABC, 10/24/2001; ABC News, 10/24/2001] Todd Lewis will recall that the aircraft “was heading right towards a prohibited area in downtown Washington.… Then it turned south and away from the prohibited area, which seemed like a momentary sigh of relief, and it disappeared. But it was going away from Washington, which seemed to be the right thing.” [MSNBC, 9/11/2002] However, O’Brien will continue: “[T]he plane turned back. He continued in the right-hand turn, made a 360-degree maneuver.… We lost radar contact with that aircraft. And we waited. And we waited.” [ABC, 10/24/2001; ABC News, 10/24/2001]
Maneuver Indicates Advanced Flying Skills - According to CBS News, “The steep turn” made by Flight 77 “was so smooth… sources say, it’s clear there was no fight for control going on.” The “complex maneuver suggests the hijackers had better flying skills than many investigators first believed.” [CBS News, 9/21/2001] Aviation experts will conclude that this maneuver was the work of “a great talent… virtually a textbook turn and landing.” [Washington Post, 9/10/2002] Due to the aircraft’s high speed and the way it is being flown, Dulles Airport controllers mistake it for a military fighter jet (see (9:25 a.m.-9:37 a.m.) September 11, 2001). [Washington Post, 9/12/2001; ABC News, 10/24/2001; MSNBC, 9/11/2002] Yet the hijacker allegedly at the controls, Hani Hanjour, was considered to be a very poor pilot at numerous flight schools he attended (see October 1996-December 1997, 1998, January-February 2001, February 8-March 12, 2001, (April-July 2001), and Mid-August 2001). [Washington Post, 9/10/2002]

Entity Tags: Todd Lewis, RobertMoomo, Danielle O’Brien, John Hendershot, Washington Dulles International Airport

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

George Piro.George Piro. [Source: FBI]George Piro and Ken Williams, two agents at the FBI field office in Phoenix, Arizona, visit a flight school in Phoenix to see if any suspicious students have attended it recently and the manager immediately informs them about Hani Hanjour, one of the alleged hijackers of Flight 77. As they watched the terrorist attacks unfolding on television, Piro and Williams decided they wanted to start responding to the crisis on their own initiative, rather than sitting around and waiting for an order. They know Phoenix has the second-highest concentration of flight schools in the nation. Piro therefore looked in the Yellow Pages and found three programs that offer commercial pilot licenses. With this information in hand, the two agents set out to visit some flight schools. The first one they go to is the Sawyer School of Aviation at Sky Harbor Airport in Phoenix. They ask the manager there if any suspicious students have attended recently. Almost without hesitation, she gives them the file of one such student: Hanjour. [Graff, 2011, pp. 325; Washingtonian, 5/5/2011] Hanjour received training at the flight school earlier this year and, previously, in 1998 (see 1998 and Summer 2001). [Washington Post, 10/15/2001; Associated Press, 12/29/2001; 9/11 Commission, 7/24/2004, pp. 529] He allegedly flew Flight 77 into the Pentagon (see 9:37 a.m. September 11, 2001). [Fox News, 1/7/2016] Just after they are given the file, Piro receives a call on his cell phone from an agent from the FBI’s Boston office. The agent, who is currently at Logan International Airport in Boston, says he has a name from the passenger manifest for Flight 77 that the Phoenix agents should look into: Hani Hanjour. To the agent’s surprise, Piro replies, “I’m holding his file in my hands right now.” Piro and Williams then head back to their office to report their progress. At the office, Piro tells their squad leader, “I’ve identified one of the hijackers.” Incredulous at this news, the squad leader replies, “Get out of here—I don’t have time for jokes today.” [Graff, 2011, pp. 325-326; Washingtonian, 5/5/2011]

Entity Tags: George Piro, Ken Williams, Hani Hanjour, Sawyer School of Aviation

Timeline Tags: Complete 911 Timeline

Lofti Raissi.Lofti Raissi. [Source: Amnesty International]Lotfi Raissi, an Algerian pilot living in Britain, is arrested and accused of helping to train four of the hijackers. An FBI source says, “We believe he is by far the biggest find we have had so far. He is of crucial importance to us.” [Las Vegas Review-Journal, 9/29/2001] However, in April 2002, a judge dismisses all charges against him, calling the charges “tenuous.” US officials originally said, “They had video of him with Hani Hanjour, who allegedly piloted the plane that crashed into the Pentagon; records of phone conversations between the two men; evidence that they had flown a training plane together; and evidence that Raissi had met several of the hijackers in Las Vegas. It turned out, the British court found, that the video showed Raissi with his cousin, not Mr. Hanjour, that Raissi had mistakenly filled in his air training logbook and had never flown with Hanjour, and that Raissi and the hijackers were not in Las Vegas at the same time. The US authorities never presented any phone records showing conversations between Raissi and Hanjour. It appears that in this case the US authorities handed over all the information they had…” [Christian Science Monitor, 3/27/2002; Guardian, 9/26/2005] Raissi later says he will sue the British and American governments unless he is given a “widely publicized apology” for his months in prison and the assumption of “guilty until proven innocent.” [Reuters, 8/14/2002] In September 2003, he does sue both governments for $20 million. He also wins a undisclosed sum from the British tabloid Mail on Sunday for printing false charges against him. [Guardian, 9/16/2003; BBC, 10/7/2003; Arizona Republic, 10/14/2003] Declassified documents will later reveal that the British arrested Raissi only days after the FBI requested that the British discretely monitor and investigate him, not arrest him. [Guardian, 9/26/2005] Raissi perfectly matches the description of an individual mentioned in FBI agent Ken Williams’ “Phoenix memo” (see July 10, 2001), whom the FBI had attempted to investigate in May 2001 (see 1997-July 2001).

Entity Tags: Lotfi Raissi, Hani Hanjour, United Kingdom, Pentagon, Federal Bureau of Investigation, United States

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After US forces conquer Kandahar, Afghanistan, in early December 2001, al-Qaeda leader Abu Zubaida gets Pakistani militant group Lashkar-e-Toiba (LeT) to help al-Qaeda operatives escape from Afghanistan to Pakistan. LeT has already given operatives safe houses in the Pakistani cities of Peshawar and Muzaffarabad, trained them there, and helped them travel to Afghanistan to fight US troops. This is according to US government documents leaked by the nonprofit whistleblower group Wikileaks in 2011. These documents provide some details:
bullet In 2002, three suspected al-Qaeda operatives are arrested in a safe house in Lahore, Pakistan, run by a LeT member. This person had been helping al-Qaeda operatives and their families move to Lahore. Pakistani officials transfer the three al-Qaeda suspects to US custody, but they release the LeT member. [Express Tribune, 5/12/2011]
bullet On December 11, 2001, a Saudi named Abdul Aziz al-Matrafi is arrested by police at the Lahore airport. Al-Matrafi is the director of the Wafa Humanitarian Organization, a non-profit organization that the US officially designated an al-Qaeda front in late September 2001 (see September 24, 2001). Al-Matrafi had been staying at an LeT linked non-profit in Lahore, and LeT provided him with a visa and exit paperwork to leave Pakistan. Al-Matrafi is handed over to US custody several days later, and he will eventually be sent to the US-run prison in Guantanamo. [US Department of Defense, 10/25/2007; Express Tribune, 5/12/2011]
bullet A Saudi named Jabir Hasan Mohammad al-Qahtani, a suspected al-Qaeda operative who also works for the Wafa Humanitarian Organization, is captured in Kabul, Afghanistan, in mid-November 2001. He is discovered to possess 16 $100 bills. He will later be transferred to the Guantanamo prison. An intelligence analyst will later note: “There were individuals passing out $100 notes to al-Qaeda fighters fleeing Afghanistan for Pakistan. This may have been a part of the help that LeT provided al-Qaeda members.” [US Department of Defense, 2/11/2005; Express Tribune, 5/12/2011]
bullet When al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan, on March 28, 2002 (see March 28, 2002), more than 30 other suspected al-Qaeda operatives are arrested at the same time. These arrests take place in two safe houses in Faisalabad run by LeT. The safe houses are apparently run by Hamidullah Khan Niazi, an educational professor and head of the LeT in Faisalabad. Niazi’s house is raided at the same time, and he and 11 others are arrested. According to media reports shortly after the raid, electronic intercepts show that Niazi’s home phone was used by Lashkar-e-Toiba members to help al-Qaeda. However, Niazi and the others at his house are released several days later. [Observer, 4/7/2002; New York Times, 4/14/2002; US Department of Defense, 11/11/2008] But The Observer reports that local police nevertheless say Niazi’s “apparent links to Zubaida are evidence that Pakistan’s militant Islamic fringe is providing key assistance to al-Qaeda as it tries to regroup.” [Observer, 4/7/2002]
bullet In 2003, the London Times will report, “US intelligence says [Lashkar-e-Toiba] smuggled [Zubaida] out of Afghanistan, taking advantage of the fact that police never stop their distinctive Landcruisers, which have tinted windows and Free Kashmir numberplates.” [London Times, 3/30/2003]
As some of the examples above indicate, al-Qaeda operatives are often taken into US custody while LeT members are often let go, even though the US names LeT a terrorist group in December 2001 (see December 20, 2001). This may be due to ties between LeT and the ISI, Pakistan’s intelligence agency. For instance, a 2009 diplomatic cable by US Secretary of State Hillary Clinton will note continued links between the ISI and LeT (see December 2009).

Entity Tags: Abdul Aziz al-Matrafi, Abu Zubaida, Hamidullah Khan Niazi, Jabir Hasan Mohammad al-Qahtani, Al-Qaeda, Wafa Humanitarian Organization, Lashkar-e-Toiba, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

In the first months after 9/11, the FBI is generally in charge of captured al-Qaeda detainees and the assumption is that these detainees will be sent to the US for criminal prosecutions. However, beginning in January 2002, this policy begins to change. The highest ranking al-Qaeda detainee in US custody at the time, Ibn al-Shaykh al-Libi, is transfered from FBI to CIA custody and then flown to Egypt to be tortured by the Egyptian government (see January 2002 and After). ]]). Also in January, the CIA, not the FBI, begins secretly flying detainees to the US-controlled prison in Guantanamo, Cuba (see January 14, 2002-2005). Journalist James Risen will later comment, “By choosing the CIA over the FBI, [President] Bush was rejecting the law enforcement approach to fighting terrorism that had been favored during the Clinton era. Bush had decided that al-Qaeda was a national security threat, not a law enforcement problem, and he did not want al-Qaeda operatives brought back to face trial in the United States, where they would come under the strict rules of the American legal system.” [Risen, 2006, pp. 28] This change of policy culminates in the arrest of Abu Zubaida (see March 28, 2002). The Washington Post will later report, “In March 2002, Abu Zubaida was captured, and the interrogation debate between the CIA and FBI began anew. This time, when FBI Director Robert S. Mueller III decided to withhold FBI involvement, it was a signal that the tug of war was over. ‘Once the CIA was given the green light… they had the lead role,’ said a senior FBI counterterrorism official.” [Washington Post, 6/27/2004] The CIA decides that Guantanamo is too public and involves too many US agencies to hold important al-Qaeda detainees. By the time Zubaida is captured the CIA has already set up a secret prison in Thailand, and Zubaida is flown there just days after his capture (see March 2002). Risen will comment, “The CIA wanted secret locations where it could have complete control over the interrogations and debriefings, free from the prying eyes of the international media, free from monitoring by human rights groups, and most important, far from the jurisdiction of the American legal system.” [Risen, 2006, pp. 29-30]

Entity Tags: George W. Bush, Abu Zubaida, Federal Bureau of Investigation, Robert S. Mueller III, Ibn al-Shaykh al-Libi, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Faisal al-Salmi, a Saudi man who knew 9/11 hijacker Hani Hanjour, is convicted of making false statements to the FBI. Al-Salmi, 34, trained at the same Arizona flight school as Hanjour where they both used the flight simulator (see Summer 2001). Al-Salmi denied knowing Hanjour but, according to investigators, they spoke several times and were seen together in the summer of 2001. He is not accused of being involved in the 9/11 plot. Al-Salmi will later receive a six-month sentence. [Associated Press, 10/13/2001; Time, 10/28/2001; Arizona Daily Wildcat, 2/14/2002; New York Times, 2/16/2002; CNN, 4/20/2002; Arizona Daily Star, 7/24/2004]

Entity Tags: Faisal al-Salmi, Hani Hanjour, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The house in Faisalabad where Abu Zubaida will be arrested.The house in Faisalabad where Abu Zubaida will be arrested. [Source: PBS]At some time around February 2002, intelligence leads to the location of Abu Zubaida. He will be captured in Faisalabad, Pakistan, in late March 2002 (see March 28, 2002). However, accounts on what intelligence leads to Zubaida’s location differ greatly:
Call to Yemen? - According to the Associated Press, “Pakistani intelligence officials have said quietly that a mobile phone call Abu Zubaida made to al-Qaeda leaders in Yemen led to his arrest.” [Associated Press, 4/20/2002] This could be a reference to the “Yemen hub,” an important al-Qaeda communication node in Yemen that has long been monitored by US intelligence. The hub is used until the middle of February 2002, when it is raided and shut down (see February 13, 2002).
Bribes Play Key Role? - According to books by Jane Mayer and Ron Suskind, Pakistani intelligence officers in Pakistan’s tribal region notice a caravan of vehicles carrying tall women wearing burqas who turn out to be male Islamist militants in disguise. According to Suskind’s version, the militants are arrested, but refuse to talk. According to Mayer’s version, the caravan is allowed to proceed. However, both authors agree that a bribe to the driver of one of the cars reveals that their destination is Faisalabad, Pakistan. Suskind adds that the driver gives up the name of a contact in Faisalabad, and that contact is found and reveals that Zubaida has arrived in town. US intelligence begins intensively monitoring Faisalabad. Afterwards, Mayer claims that the CIA buys the ISI’s help. A CIA source involved in the situation will later tell Mayer, “We paid $10 million for Abu Zubaida.” [Suskind, 2006, pp. 84; Mayer, 2008] In 2006, Pakistani President Pervez Musharraf will write in a memoir, “Those who habitually accuse us of not doing enough in the war on terror should simply ask the CIA how much prize money it has paid to the Government of Pakistan.” [Musharraf, 2006, pp. 190]
CIA Tracks Zubaida's Calls? - According to a 2008 New York Times article, in February 2002, the CIA learns that Zubaida is in Lahore or Faisalabad, Pakistani cities about 80 miles apart and with a combined population of over 10 million. The Times does not say how the CIA learns this. The CIA knows Zubaida’s cell phone number, although it is not explained how this was discovered either. (However, it had been reported elsewhere that Zubaida’s number had been monitored since at least 1998 (see October 1998 and After) and was still being monitored after 9/11 (see September 16, 2001 and After) and October 8, 2001).) Specialists use an electronic scanner that can track any operating cell phone and give its approximate location. However, Zubaida only turns his phone on briefly to collect messages, so his location cannot be pinpointed. A talented CIA official named Deuce Martinez gets involved. He posts a large, blank piece of paper on a wall, and writes Zubaida’s phone number in the middle of it. Then he and others add linked phone numbers, using the monitoring capabilities of the NSA and Pakistani intelligence. A map of Zubaida’s contacts grows. Eventually, Martinez and others are able to narrow Zubaida’s location down to 14 addresses in Lahore and Faisalabad, and these places are put under surveillance. Rather than wait any longer for more intelligence, all 14 locations are raided at once in a joint Pakistani-CIA operation on March 28, 2002, and Zubaida is found in one of the Faisalabad addresses. [New York Times, 6/22/2008]
Key Call to Bin Laden or Al-Zawahiri? - Suskind’s book will also give the story of the CIA narrowing down the locations by monitoring local phone calls. He says that teams of CIA and FBI arrive in Faisalabad on March 17 for more intensive monitoring. Then, the key break comes near the end of the month, when two calls from a certain house in Faisalabad are made to phone numbers in Afghanistan that might be linked to Osama bin Laden or al-Qaeda number two leader Ayman al-Zawahiri. By this account, US intelligence already has a good idea which of the 14 locations Zubaida is in, because of those calls. [Suskind, 2006, pp. 87-89]
Explanations May Not Conflict - Note that these explanations do not necessarily conflict. For instance, bribes could have provided the lead that Zubaida was in Faisalabad, and then further CIA monitoring could have narrowed down his location there. Bribes also could have helped insure that Pakistani intelligence did not tip off Zubaida prior to the raid. The calls to Yemen and/or Afghanistan may have played a role along with other intelligence.

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Agency, Al-Qaeda, Central Intelligence Agency, Deuce Martinez, Abu Zubaida, US intelligence, Pervez Musharraf

Timeline Tags: Complete 911 Timeline, War in Afghanistan

ABC News will later report that the first CIA secret prison is established in Thailand at this time to house Abu Zubaida, the first important al-Qaeda target who is captured at this time (see March 28, 2002). President Bush had recently authorized the creation of CIA prisons (see After February 7, 2002). After being captured in Pakistan and treated for gunshot wounds, Zubaida is flown to Thailand around the middle of April 2002 and housed in a small warehouse inside a US military base. He is waterboarded and interrogated (Mid-May 2002 and After). Later other secret prisons will open in other countries, such as Poland and Romania. [ABC News, 12/5/2005] This prison in Thailand apparently will close some time in 2003. [Washington Post, 11/2/2005] Some reports place the secret prison at the Voice of America relay station near the north-eastern Thai city of Udon Thani close to the border of Laos, but this is unconfirmed. [Sydney Morning Herald, 11/5/2005]

Entity Tags: Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The CIA comes up with a list of 10 “Enhanced Interrogation Techniques” that it will allow to be used on captured high-ranking al-Qaeda detainees. In 2005, ABC News will reveal six of the techniques on the list and describe them as follows:
bullet The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
bullet The Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
bullet The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
bullet Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
bullet The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
bullet Waterboarding: The prisoner is bound to an inclined board, feet raised, and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. [ABC News, 11/18/2005]
The New York Times will later reveal that there are actually four more techniques on the list, but will not detail what they are. [New York Times, 11/9/2005]
Waterboarding Most Controversial Technique - Waterboarding will be the most controversial technique used. In centuries past, it was considered by some to be the most extreme form of torture, more so than thumbscrews or use of the rack. [Harper's, 12/15/2007] “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” says John Sifton of Human Rights Watch. CIA officials who allowed themselves to be waterboarded lasted, on average, 14 seconds before caving in. In addition, such confessions are dubious at best. “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear,” says one of the CIA sources. [ABC News, 11/18/2005]
List Compiled with Help from Egypt, Saudi Arabia - The list is secretly drawn up by a team including senior CIA officials, and officials from the Justice Department and the National Security Council. The CIA got help in making the list from governments like Egypt and Saudi Arabia that are notorious for their widespread use of torture (see Late 2001-Mid-March 2002). [New York Times, 11/9/2005] Apparently, “only a handful” of CIA interrogators are trained and authorized to use these techniques. Later this month, al-Qaeda leader Abu Zubaida will be captured and the CIA will begin using all of these techniques on him (see March 28, 2002). However, the White House will not give the CIA clear legal authority to do so until months after the CIA starts using these techniques on Zubaida (see March 28-August 1, 2002).
Techniques 'Cruel, Inhuman, and Degrading' under Treaty - In 2004, CIA Inspector General John Helgerson will determine in a classified report that these techniques appear to constitute cruel, inhuman, and degrading treatment under the Convention Against Torture, an international treaty signed by the US (see October 21, 1994 and May 7, 2004). Former CIA officer Robert Baer calls the use of such techniques “bad interrogation,” and notes, “[Y]ou can get anyone to confess to anything if the torture’s bad enough.” [ABC News, 11/18/2005]

Entity Tags: John Sifton, John Helgerson, Abu Zubaida, ABC News, Central Intelligence Agency, Robert Baer

Timeline Tags: Torture of US Captives, Civil Liberties

When al-Qaeda logistics manager Abu Zubaida is arrested in late March 2002 (see March 28, 2002), his computer is searched. According to the Washington Post: “When agents found Zubaida’s laptop computer, a senior law enforcement source said, they discovered that the vast majority of people he had been communicating with were being monitored under FISA warrants or international spying efforts. ‘Finally, we got some comfort’ that surveillance efforts were working, said a government official familiar with Zubaida’s arrest.” The fact some of his contacts are monitored under FISA warrants indicates that they are in the US, as FISA warrants are only used for US targets (see 1978). The monitoring of Abu Zubaida’s communications began in the mid-1990s, at the latest (see (Mid-1996) and October 1998 and After), and continued after 9/11 (see October 8, 2001). [Washington Post, 2/9/2006] Some will later suggest that Zubaida may have had mental problems (see Shortly After March 28, 2002), but this apparently did not stop him from being a key al-Qaeda contact point. FBI agent Dan Coleman, an expert on al-Qaeda, will later say that the FBI “all knew he was crazy, and they knew he was always on the damn phone.” [Washington Post, 12/18/2007] Vincent Cannistraro, former head of the CIA’s Counter Terrorism Center, says of Zubaida shortly after Zubaida’s capture, “He was the guy that had the direct contact with prominent al-Qaeda cell leaders abroad, and he knew where they all were. He would have been the guy co-ordinating new attacks.” [Observer, 4/7/2002]

Entity Tags: Dan Coleman, Vincent Cannistraro, Abu Zubaida

Timeline Tags: Complete 911 Timeline

The house in Faisalabad, Pakistan, where Abu Zubaida is arrested.The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. [New York Times, 4/14/2002; Suskind, 2006, pp. 84-89] US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. [New York Times, 9/10/2006]
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). [US Department of State, 4/30/2008]
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. [Senate Intelligence Committee, 4/22/2009 pdf file]
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” [New York Times, 4/14/2002] But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. [Observer, 6/13/2004; New York Review of Books, 3/15/2009] One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” [Suskind, 2006, pp. 94-96, 100] Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). [New York Times, 4/14/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Council, Donald Rumsfeld, Lashkar-e-Toiba, Central Intelligence Agency, Federal Bureau of Investigation, Al-Qaeda, Bush administration (43), Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Not long after alleged al-Qaeda leader Abu Zubaida is captured in Pakistan (see March 28, 2002), he is interrogated by the CIA.
Zubaida Allegedly Building a Bomb - Zubaida was shot three times while being captured. When he awakes in a Lahore hospital, he is confronted by CIA agent John Kiriakou (a member of the capture team), who will later recall: “I asked him in Arabic what his name was. And he shook his head. And I asked him again in Arabic. And then he answered me in English. And he said that he would not speak to me in God’s language. And then I said: ‘That’s okay. We know who you are.’ And then he asked me to smother him with a pillow. And I said: ‘No, no. We have plans for you.’” Kiriakou will later call Zubaida “the biggest fish that we had caught,” and will say, “We knew he was full of information… and we wanted to get it.” Kiriakou will allege that Zubaida’s captors found evidence that he “and two other men were building a bomb. The soldering [iron] was still hot. And they had plans for a school on the table,” apparently the British school in Lahore.
Zubaida Has Current Threat Information - Zubaida, Kiriakou will say, is “very current. On top of the current threat information.” Kiriakou will report that while in the hospital, Zubaida “wanted to talk about current events. He told us a couple of times that he had nothing personal against the United States.… He said that 9/11 was necessary. That although he didn’t think that there would be such a massive loss of life, his view was that 9/11 was supposed to be a wake-up call to the United States.” But, Kiriakou will claim, Zubaida is “willing to talk about philosophy, [but] he was unwilling to give us any actionable intelligence.” Later CIA reports also indicate that CIA officials, presumably Kiriakou and others, believe that Zubaida has information pertaining to planned al-Qaeda attacks against US targets. [Senate Intelligence Committee, 4/22/2009 pdf file] Apparently, Kiriakou is only with Zubaida a short time. Zubaida is quickly sent to a secret CIA prison in Thailand to be interrogated and eventually tortured, while Kiriakou stays in Pakistan (see Mid-May 2002 and After).

Entity Tags: Central Intelligence Agency, Abu Zubaida, Al-Qaeda, John Kiriakou

Timeline Tags: Complete 911 Timeline

FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” [Vanity Fair, 7/17/2007; Mayer, 2008, pp. 155; New York Times, 4/22/2009; Newsweek, 4/25/2009]
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). [New York Times, 9/10/2006; Newsweek, 4/25/2009]
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. [New York Times, 9/10/2006] In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file]
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). [Vanity Fair, 7/17/2007]

Entity Tags: Steve Gaudin, Vanity Fair, Robert S. Mueller III, James Elmer Mitchell, Jose Padilla, Abu Zubaida, Ali Soufan, Khalid Shaikh Mohammed, Central Intelligence Agency, George J. Tenet, John Kiriakou, Federal Bureau of Investigation, Pasquale D’Amuro

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In April 2002, German intelligence compile a report about militant leader Abu Musab al-Zarqawi; it suggests that al-Zarqawi is not a part of al-Qaeda (see March 28, 2002). At the end of March 2002, al-Qaeda leader Abu Zubaida was captured and interrogated by US forces (see March 28, 2002). While few details of what Zubaida is said to say are known, some details must have been quickly passed to the Germans because this German intelligence report says, “Even in the interrogations of al-Qaeda leaders there are no indications of al-Zarqawi’s membership in al-Qaeda. Thus, Abu Zubaida (an al-Qaeda recruiter), in one of his interrogations, speaks instead about the ‘Group of al-Zarqawi.” [Bergen, 2006, pp. 359, 422] (Note that information gained from such interrogations are of unknown reliability, especially when torture is used. Zubaida appears to be tortured around this time (see Mid-May 2002 and After)).

Entity Tags: Abu Musab al-Zarqawi, Abu Zubaida

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” [Suskind, 2006, pp. 99-100] But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” [Office of the Director of National Intelligence, 9/6/2006 pdf file; Time, 9/6/2006; Dickey, 2009, pp. 77] In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).

Entity Tags: Ron Suskind, George W. Bush, Bush administration (43), Abu Zubaida, George J. Tenet

Timeline Tags: Complete 911 Timeline

These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known.These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known. [Source: ABC News]Omar Ghramesh had been captured in a house in Faisalabad, Pakistan, at the same time as al-Qaeda leader Abu Zubaida (see March 28, 2002). He is temporarily held in Pakistan and while there he is shown pictures of Zubaida looking battered and bruised. He is told, “If you don’t talk, this is what will happen to you.” It is not clear if he is in US or Pakistani custody at this time, as the arrest of Zubaida and his associates was a joint US-Pakistani operation. But Ghramesh does not talk, and on May 14, 2002, he and two others will be renditioned to a torture center in Syria called the Palestine Branch. There, Ghramesh will meet Abdullah Almalki, a dual Syrian and Canadian citizen who has also been renditioned to Syria to be tortured, and he will tell Almalki the account of being shown the pictures of Zubaida. [Grey, 2007, pp. 4, 54, 284] Almalki will later be found innocent of all terrorist ties and let go. [Grey, 2007, pp. 4, 54, 284] Then, in 2006, he will tell the account of the Zubaida photos to journalist Stephen Grey. There is no sign Ghramesh has been freed. [Grey, 2007, pp. 4, 54, 284] In late 2007, it will be reported that all videotapes of Zubaida’s interrogation were destroyed (see November 2005), but Ghramesh’s account suggests there may be surviving photos.

Entity Tags: Omar Ghramesh, Abdullah Almalki

Timeline Tags: Torture of US Captives, Complete 911 Timeline

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper's, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]

Entity Tags: George J. Tenet, Central Intelligence Agency, Abd al-Rahim al-Nashiri, Hambali, Khalid Shaikh Mohammed, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Abu Zubaida.Abu Zubaida. [Source: New York Times]The CIA begins interrogating captured al-Qaeda leader Abu Zubaida (see March 28, 2002), using some aggressive techniques that are commonly considered to be torture. Zubaida was initially interrogated by the FBI using traditional rapport-building techniques, and many believe the FBI was obtaining valuable information (see Late March through Early June, 2002). But he is being held at a secret CIA prison in Thailand (see March 2002), and soon a new CIA team comes in and takes over (see Mid-April 2002). This team, led by controversial psychologist James Elmer Mitchell, uses such extreme methods that the FBI completely withdraws its personnel (see Mid-April-May 2002), and even some CIA personnel leave in disgust (see Between Mid-April and Mid-May 2002). By mid-May, Mitchell’s detractors are gone and the gunshot wounds Zubaida sustained during his capture have stabilized, so Mitchell begins applying even more aggressive interrogation techniques. [Posner, 2003, pp. 186, 191; Suskind, 2006, pp. 110-115] According to one psychologist involved in Zubaida’s interrogation, Mitchell argues that Zubaida needs to be reduced to a state of “learned helplessness.” Reserve Air Force Colonel Steve Kleinman, an experienced interrogator very familiar with Mitchell, will later say that “learned helplessness was his whole paradigm.… It starts with isolation. Then they eliminate the prisoners’ ability to forecast the future—when their next meal is, when they can go to the bathroom. It creates dread and dependency. It was the KGB model. But the KGB used it to get people who had turned against the state to confess falsely. The KGB wasn’t after intelligence.” [New Yorker, 8/6/2007] Journalist Ron Suskind will later claim: “According to CIA sources, [Zubaida] was waterboarded, a technique in which a captive’s face is covered with a towel as water is poured atop, creating the sensation of drowning. He was beaten, though not in a way to worsen his injuries. He was repeatedly threatened, and made certain of his impending death. His medication was withheld. He was bombarded with deafening, continuous noise and harsh lights.” [Suskind, 2006, pp. 115] The New York Times will later claim: “At times, Mr. Zubaida, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets. He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaida seemed to turn blue. At other times, the interrogators piped in deafening blasts of music by groups like the Red Hot Chili Peppers.” [New York Times, 9/10/2006] Zubaida will reportedly later tell the Red Cross that he was also kept for a prolonged period in a cage, known as a “dog box,” so small that he unable to stand. [New Yorker, 8/6/2007] The CIA will claim that these aggressive methods are very effective, and soon it will begin using them on many other detainees. But others will later suggest that Zubaida gave up far less valuable information under torture than he did with the FBI’s rapport-building techniques (see June 2002). The legal authority to conduct these types of interrogations is unclear. The CIA is being advised by Michael Chertoff at the Justice Department, but there will be no formal legal opinion permitting the techniques until August 2002. [New York Times, 9/10/2006]

Entity Tags: Central Intelligence Agency, James Elmer Mitchell, Abu Zubaida, Steve Kleinman

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In an address to the nation, President Bush labels captured Islamist militant Abu Zubaida (see March 28, 2002) as “al-Qaeda’s chief of operations.” He says: “Among those we have captured is a man named Abu Zubaida, al-Qaeda’s chief of operations. From him, and from hundreds of others, we are learning more about how the terrorists plan and operate; information crucial in anticipating and preventing future attacks.” He warns, “[W]e now know that thousands of trained killers are plotting to attack us, and this terrible knowledge requires us to act differently.” [White House, 6/6/2002] This is, presumably, an oblique reference to the torture being inflicted on Zubaida and other detainees by CIA personnel (see April - June 2002). And by this time, senior government officials are aware that many intelligence officials believe that Zubaida’s importance and links to al-Qaeda have been overstated (see Shortly After March 28, 2002 and April 9, 2002 and After).

Entity Tags: George W. Bush, Abu Zubaida

Timeline Tags: Torture of US Captives

Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]

Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense

Timeline Tags: Civil Liberties

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Condoleezza Rice, George J. Tenet, Office of Legal Counsel (DOJ), US Department of Justice, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 pdf file; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
bullet Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
bullet Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
bullet Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
bullet Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
bullet Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
bullet Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
bullet Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
bullet Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
bullet Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
bullet Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]

Entity Tags: John Rizzo, Central Intelligence Agency, Bush administration (43), Office of Legal Counsel (DOJ), Jay S. Bybee, American Civil Liberties Union, John C. Yoo, US Department of Justice, Senate Intelligence Committee, Abu Zubaida, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam).Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. [New York Times, 9/10/2002] The four most important figures considered still at large are:
bullet Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011).
bullet Ayman al-Zawahiri (Egyptian).
bullet Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003).
bullet Saif al-Adel (Egyptian).
Other figures considered still at large are:
bullet Abdullah Ahmed Abdullah (Egyptian).
bullet Mustafa Muhammad Fadhil (Egyptian).
bullet Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006).
bullet Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009).
bullet Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011).
bullet Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian).
bullet Amin ul-Haq (Afghan).
bullet Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008).
bullet Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002).
bullet Suliman abu Ghaith (Kuwaiti).
bullet Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009).
bullet Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). [New York Times, 9/10/2002]
The four leaders captured are:
bullet Abu Zubaida (Palestinian) (see March 28, 2002).
bullet Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002).
bullet Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001).
bullet Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). [New York Times, 9/10/2002]
Five of the six leaders believed killed are:
bullet Mohammed Atef (Egyptian) (see November 15, 2001).
bullet Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian).
bullet Abu Salah al-Yemeni (Yemeni).
bullet Tariq Anwar al-Sayyid Ahmad (Egyptian).
bullet Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). [New York Times, 9/10/2002]
The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. [New York Times, 9/10/2002] This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Entity Tags: Mushin Musa Matwalli Atwah, Muhammad Salah, Mohammed Atef, Mustafa Ahmed al-Hawsawi, Suliman abu Ghaith, Saif al-Adel, Saad bin Laden, Usama al-Kini, Midhat Mursi, Mahfouz Walad Al-Walid, Osama bin Laden, Ibn al-Shaykh al-Libi, Abu Jaffa, Abdullah Ahmed Abdullah, Abdul Rahim al-Sharqawi, Abu Salah al-Yemeni, Abu Zubaida, Abu Zubair al-Haili, Anas al-Liby, Fazul Abdullah Mohammed, Ayman al-Zawahiri, Khalid Shaikh Mohammed, Amin ul-Haq, Al-Qaeda

Timeline Tags: Complete 911 Timeline

At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” [White House, 10/14/2002]

Entity Tags: Abu Zubaida, Al-Qaeda, Ramzi bin al-Shibh, George W. Bush

Timeline Tags: Torture of US Captives

The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. [Central Intelligence Agency, 5/7/2004, pp. 1 pdf file] The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). [Associated Press, 3/28/2010] The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.

Entity Tags: Office of the Inspector General (CIA), James Pavitt, Central Intelligence Agency, Directorate of Operations, John Helgerson

Timeline Tags: Torture of US Captives

Barbara Grewe.Barbara Grewe. [Source: Barbara Grewe]Barbara Grewe, a key investigator on the Justice Department inspector general’s investigation of the FBI’s failures before 9/11, moves to the 9/11 Commission. [University of Michigan Law School, 3/7/2005] She was recommended to the Commission by a former colleague who worked at the office of inspector general at the Justice Department. [University Record Online, 3/14/2005] As special investigative counsel at the Justice Department’s office of the inspector general between July and December 2002 she had investigated and reported on the FBI’s handling of intelligence prior to 9/11, and directed part of the investigation into information sharing between the FBI and CIA, missed opportunities to locate the hijackers before 9/11, and earlier warnings about terrorists using airplanes as weapons. This is similar to the work she does on the 9/11 Commission. According to a press release for a lecture she will give in 2005, Grewe also “drafted and edited” the “relevant sections” of the Justice Department’s final report. [University of Michigan Law School, 3/7/2005; Center for American Progress Action Fund, 4/16/2008] However, it is unclear how she could have done this, as she left the Justice Department’s investigation in 2003. Although December 2002 is early on in the Justice Department inspector general’s probe, the following important interviews have been conducted by this time:
bullet Tom Wilshire, a CIA officer later detailed to the FBI who was involved in many pre-9/11 intelligence failures (see 9:30 a.m. - 4:00 p.m. January 5, 2000, March 5, 2000, May 15, 2001, Mid-May 2001, Late May, 2001, July 23, 2001, August 22, 2001, and August 24, 2001); [9/11 Commission, 7/24/2004, pp. 502]
bullet “Michael,” a female CIA officer who had blocked notification to the FBI saying that one of the hijackers, Khalid Almihdhar, had a US visa (see Around 7:00 p.m. January 5, 2000 and January 6, 2000); [9/11 Commission, 7/24/2004, pp. 502]
bullet Dina Corsi, an FBI official who withheld intelligence information from criminal investigators in the summer of 2001 (see June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 474]
bullet Clark Shannon, a CIA officer who withheld information about Almihdhar from the FBI (see June 11, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Margaret Gillespie, an FBI agent detailed to the FBI involved in information sharing problems (see (Late May-Early June) and August 21-22, 2001); [9/11 Commission, 7/24/2004, pp. 538]
bullet Robert Fuller, an FBI agent who searched for Almihdhar in the US just before the 9/11 attacks, but failed to find him (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001); [9/11 Commission, 7/24/2004, pp. 539]
bullet Russell Fincher and Steve Bongardt, FBI agents from whom the CIA withheld information (see June 11, 2001, June 12-September 11, 2001, and August 29, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Sherry Sabol, an attorney involved in errors in the Moussaoui and Almihdhar cases (see August 22-28, 2001 and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 538]
bullet An FBI official who handled an al-Qaeda informer in Pakistan (see January 4, 2001); [9/11 Commission, 7/24/2004, pp. 537]
bullet Harry Samit (see August 15-20, 2001), Greg Jones (see August 27, 2001), John Weess (see August 16, 2001), and Coleen Rowley (see May 21, 2002), FBI officials who worked on the Moussaoui case; [9/11 Commission, 7/24/2004, pp. 531, 540]
bullet Rodney Middleton, acting head of the FBI’s bin Laden unit before 9/11 (see July 27, 2001 and after); and [9/11 Commission, 7/24/2004, pp. 538]
bullet Jennifer Maitner, an FBI official involved in the Phoenix memo and President Bush’s August 6 presidential daily briefing (see July 10, 2001, July 27, 2001 and after, and (August 4-5, 2001)). [9/11 Commission, 7/24/2004, pp. 536]

Entity Tags: 9/11 Commission, US Department of Justice, Barbara Grewe, Office of the Inspector General (DOJ)

Timeline Tags: Complete 911 Timeline

FBI Director Robert Mueller personally awards Marion (Spike) Bowman with a presidential citation and cash bonus of approximately 25 percent of his salary. [Salon, 3/3/2003] Bowman, head of the FBI’s national security law unit and the person who refused to seek a special warrant for a search of Zacarias Moussaoui’s belongings before the 9/11 attacks (see August 28, 2001), is among nine recipients of bureau awards for “exceptional performance.” The award comes shortly after a 9/11 Congressional Inquiry report saying Bowman’s unit gave Minneapolis FBI agents “inexcusably confused and inaccurate information” that was “patently false.” [Star-Tribune (Minneapolis), 12/22/2002] Bowman’s unit was also involved in the failure to locate 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi after their names were put on a watch list (see August 28-29, 2001). In early 2000, the FBI acknowledged serious blunders in surveillance Bowman’s unit conducted during sensitive terrorism and espionage investigations, including agents who illegally videotaped suspects, intercepted e-mails without court permission, and recorded the wrong phone conversations. [Associated Press, 1/10/2003] As Senator Charles Grassley (R-IA) and others have pointed out, not only has no one in government been fired or punished for 9/11, but several others have been promoted: [Salon, 3/3/2003]
bullet Richard Blee, chief of Alec Station, the CIA’s bin Laden unit, was made chief of the CIA’s new Kabul station in December 2001 (see December 9, 2001), where he aggressively expanded the CIA’s extraordinary rendition program (see Shortly After December 19, 2001). Blee was the government’s main briefer on al-Qaeda threats in the summer of 2001, but failed to mention that one of the 9/11 hijackers was in the US (see August 22-September 10, 2001).
bullet In addition to Blee, the CIA also promoted his former director for operations at Alec Station, a woman who took the unit’s number two position. This was despite the fact that the unit failed to put the two suspected terrorists on the watch list (see August 23, 2001). “The leaders were promoted even though some people in the intelligence community and in Congress say the counterterrorism unit they ran bore some responsibility for waiting until August 2001 to put the suspect pair on the interagency watch list.” CIA Director George Tenet has failed to fulfill a promise given to Congress in late 2002 that he would name the CIA officials responsible for 9/11 failures. [New York Times, 5/15/2003]
bullet Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. [Time, 12/30/2002]
bullet FBI Supervisory Special Agent Michael Maltbie, who removed information from the Minnesota FBI’s application to get the search warrant for Moussaoui, was promoted to field supervisor and goes on to head the Joint Terrorism Task Force at the FBI’s Cleveland office. [Salon, 3/3/2003; Newsday, 3/21/2006]
bullet David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. [Salon, 3/3/2003] The Phoenix memo, which was addressed to Frasca, was received by his unit and warned that al-Qaeda terrorists could be using flight schools inside the US (see July 10, 2001 and July 27, 2001 and after). Two weeks later Zacarias Moussaoui was arrested while training to fly a 747, but Frasca’s unit was unhelpful when local FBI agents wanted to search his belongings—a step that could have prevented 9/11 (see August 16, 2001 and August 20-September 11, 2001). “The Phoenix memo was buried; the Moussaoui warrant request was denied.” [Time, 5/27/2002] Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. [New York Times, 5/27/2002]
bullet Dina Corsi, an intelligence operations specialist in the FBI’s bin Laden unit in the run-up to 9/11, later became a supervisory intelligence analyst. [US Department of Justice, 11/2004, pp. 279-280 pdf file; CNN, 7/22/2005] Corsi repeatedly hampered the investigation of Almihdhar and Alhazmi in the summer of 2001 (see June 11, 2001, June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, August 28-29, 2001, and (September 5, 2001)).
bullet President Bush later names Barbara Bodine the director of Central Iraq shortly after the US conquest of Iraq. Many in government are upset about the appointment because of her blocking of the USS Cole investigation, which some say could have uncovered the 9/11 plot (see October 14-Late November, 2000). She did not apologize or admit she was wrong. [Washington Times, 4/10/2003] However, she is fired after about a month, apparently for doing a poor job.
bullet An FBI official who tolerates penetration of the translation department by Turkish spies and encourages slow translations just after 9/11 was promoted (see March 22, 2002). [CBS News, 10/25/2002]

Entity Tags: Barbara Bodine, George W. Bush, Charles Grassley, David Frasca, Central Intelligence Agency, Khalid Almihdhar, Michael Maltbie, Dina Corsi, Marion (“Spike”) Bowman, Robert S. Mueller III, Pasquale D’Amuro, Federal Bureau of Investigation, Richard Blee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI Director Robert Mueller launches a charm offensive to win over the 9/11 Commission and ensure that its recommendations are favorable to the bureau.
Commission Initially Favored Break-Up - The attempt is greatly needed, as the Commission initially has an unfavorable view of the FBI due to its very public failings before 9/11: the Phoenix memo (see July 10, 2001), the fact that two of the hijackers lived with an FBI counterterrorism informer (see May 10-Mid-December 2000), and the failure to search Zacarias Moussaoui’s belongings (see August 16, 2001). Commissioner John Lehman will say that at the start of the investigation he thought “it was a no-brainer that we should go to an MI5,” the British domestic intelligence service, which would entail taking counterterrorism away from the bureau.
Lobbying Campaign - Author Philip Shenon will say that the campaign against the commissioners “could not have been more aggressive,” because Mueller was “in their faces, literally.” Mueller says he will open his schedule to them at a moment’s notice and returns their calls within minutes. He pays so much attention to the commissioners that some of them begin to regard it as harassment and chairman Tom Kean tells his secretaries to turn away Mueller’s repeated invitations for a meal. Mueller even opens the FBI’s investigatory files to the Commission, giving its investigators unrestricted access to a special FBI building housing the files. He also gets Dame Eliza Manningham-Buller, head of MI5, to meet the commissioners and intercede for the bureau.
Contrast with CIA - The campaign succeeds and the Commission is convinced to leave the FBI intact. This is partially due to the perceived difference between Mueller and CIA Director George Tenet, who the Commission suspects of telling it a string of lies (see July 2, 2004). Commissioner Slade Gorton will say, “Mueller was a guy who came in new and was trying to do something different, as opposed to Tenet.” Commission Vice Chairman Lee Hamilton will also say that the Commission recommended changing the CIA by establishing the position of director of national intelligence. It is therefore better to leave the FBI alone because “the system can only stand so much change.”
Change Partially Motivated by Fear - This change of mind is also partially motivated by the commissioners’ fear of the bureau. Shenon will comment: “Mueller… was also aware of how much fear the FBI continued to inspire among Washington’s powerful and how, even after 9/11, that fear dampened public criticism. Members of congress… shrank at the thought of attacking the FBI.… For many on Capitol Hill, there was always the assumption that there was an embarrassing FBI file somewhere with your name on it, ready to be leaked at just the right moment. More than one member of the 9/11 Commission admitted privately that they had joked—and worried—among themselves about the danger of being a little too publicly critical of the bureau.” [Shenon, 2008, pp. 364-368]

Entity Tags: John Lehman, 9/11 Commission, Federal Bureau of Investigation, Robert S. Mueller III, Eliza Manningham-Buller, Philip Shenon, Slade Gorton, Lee Hamilton

Timeline Tags: Complete 911 Timeline

Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [White House, 7/22/2004; Vanity Fair, 5/2008]

In November 2002, as the 9/11 Congressional Inquiry was finishing its investigation, it had formally asked for a report by the Justice Department (which oversees the FBI) to determine “whether and to what extent personnel at all levels should be held accountable” for the failure to stop the 9/11 attacks. An identical request was made to the CIA (see June-November 2004). [New York Times, 9/14/2004] The Justice Department report, titled “A Review of the FBI’s Handling of Intelligence Information Related to the September 11 Attacks,” is completed this month. [Washington Post, 4/30/2005] It centers on three FBI failures before 9/11: the failure to follow up on the arrest of Zacarias Moussaoui in August 2001 (see August 16, 2001), the failure to follow up on FBI agent Ken Williams’ memo (see July 10, 2001) warning about Islamic militants training in US flight schools, and the FBI’s failure to follow up on many leads to hijackers Nawaf Alhazmi and Khalid Almihdhar. The report provides some new details about miscommunications, inaction, and other problems. [New York Times, 9/14/2004] The report remains classified. Senior Senate Judiciary Committee members Patrick Leahy (D-VT) and Charles Grassley (R-IA) call for its release. The senators state, “While the needs of national security must be weighed seriously, we fear the designation of information as classified, in some cases, serves to protect the executive branch against embarrassing revelations and full accountability. We hope that is not the case here.” [Washington Times, 7/12/2004; New York Times, 9/14/2004] One problem complicating the issuing of even a declassified version is the possibility that the material would taint the criminal proceedings against Zacarias Moussaoui. In early 2005, the Justice Department inspector general’s office will ask the judge presiding over Moussaoui’s case for permission to release a declassified version of the report. But the judge will turn down the request in April 2005, even after Moussaoui pleads guilty (see April 30, 2005). The report will finally be released in June 2005 without the section on Moussaoui (see June 9, 2005). [New York Times, 2/13/2005]

Entity Tags: Zacarias Moussaoui, Khalid Almihdhar, Nawaf Alhazmi, Charles Grassley, Federal Bureau of Investigation, Ken Williams, Patrick J. Leahy, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

Noor Uthman Muhammed, a detainee being held at Guantanamo, disputes many of the allegations made against him at a combatant status review tribunal hearing to determine if he is an enemy combatant. Muhammed admits receiving and giving military training at Khalden Camp in Afghanistan, buying food for the camp, and being captured with training camp facilitator Abu Zubaida (see March 28, 2002). However, he contests many of the charges, and he denies:
bullet Handling one of the weapons he is accused of using, the Zukair anti-aircraft weapon, which he says he has never heard of;
bullet Procuring a fax machine for Osama bin Laden. He did attempt to buy a piece of similar equipment, but the deal did not go through and the equipment was for himself, not bin Laden, who he has never met;
bullet Being assisted in his escape from Afghanistan by a senior al-Qaeda lieutenant. When he asks for the lieutenant’s name, the military officials are unable to provide it;
bullet Having a Somali passport;
bullet Being associated with al-Qaeda. He comments: “I have no knowledge of al-Qaeda, and I don’t know anybody from there. But if you want to say that I’m Muslim and want to make-believe I belong to al-Qaeda, then that is something different”;
bullet Being associated with the Taliban. He comments: “I don’t know anything about the Taliban. I never carried arms with them.” [US Department of Defense, 2004 pdf file]

Entity Tags: Noor Uthman Muhammed, Guantanamo Bay Naval Base

Timeline Tags: Torture of US Captives

Author Gerald Posner has claimed that shortly after al-Qaeda leader Abu Zubaida was captured in late March 2002 (see March 28, 2002), he was tricked into thinking he had been handed over to the Saudis and then confessed high-level cooperation between al-Qaeda and the Saudi and Pakistani governments. Posner’s account has since been corroborated by New York Times journalist James Risen (see Early April 2002). In a 2005 book, Posner further alleges: “From conversations with investigators familiar with the [9/11 Commission’s] probe, the portions of Zubaida’s interrogation in which he named [Saudi and Pakistani connections] were not provided to the Commission. The CIA has even withheld [them] from the FBI, which is supposed to have access to all terror suspects’ questioning.” [Posner, 2005, pp. 14] There is some circumstantial evidence to support this. Aside from the alleged Saudi trickery, Zubaida reportedly confessed vital intelligence in late March and into April 2002, including the previously unknown fact that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks (see Late March through Early June, 2002). But footnotes from various 9/11 Commission reports indicate that the earliest Zubaida interrogation used by the Commission is from May 23, 2002, after a new CIA team had taken over his interrogation (see Mid-May 2002 and After). [9/11 Commission, 8/21/2004, pp. 65 pdf file] Hundreds of hours of Zubaida’s interrogation sessions have been videotaped by the CIA, but these videotapes will be destroyed by the CIA in 2005 under controversial circumstances (see November 2005).

Entity Tags: Gerald Posner, Abu Zubaida, Central Intelligence Agency, Federal Bureau of Investigation, 9/11 Commission

Timeline Tags: Torture of US Captives, Complete 911 Timeline

According to authors Joe and Susan Trento, writing in 2006, the CIA places employees undercover with both airlines and the Federal Air Marshal Service, as a part of a program to allow known terrorists to keep flying (see May 2006). The undercover employees allow the CIA to control arrangements when it wants a terrorist to fly openly without the airlines’ or Marshal Service’s knowledge. [Trento and Trento, 2006, pp. 194] One example of this is travel in 2006 by Rayed Abdullah, an associate of alleged 9/11 pilot Hani Hanjour. Abdullah is allowed to fly to New Zealand for flight training in the hope he will meet al-Qaeda operatives, who will then be put under surveillance (see February-May 30, 2006).

Entity Tags: Joseph Trento, Federal Air Marshal Service, Susan Trento, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Attorney General Alberto Gonzales testifies before the Senate Judiciary Committee that the new “reasonable belief” standard for wiretaps is just another term for “probable cause.” Gonzales’s claim is legally false. The difference between the two standards is significant: while administration officials must present relatively compelling evidence that a US citizen has ties to US-designated terrorist organizations or is involved in terror plots to meet the “probable cause” standard for authorizing electronic surveillance, the “reasonable belief” standard is far more lenient. Gonzales also repeats for the committee President Bush’s claims that the Foreign Intelligence Surveillance Court (FISC) isn’t “agile” or “nimble” enough to assist the Justice Department and the US intelligence community in finding and arresting terrorists, a claim that FISC judges find baffling. FISC routinely approves almost all warrant requests, and FISA allows the government to conduct surveillance for 72 hours before even applying for a warrant. Additionally, FISC has consistently worked with the government to expedite requests and streamline the warrant-issuance procedure. For example, in March 2002, when the FBI and Pakistani police arrested al-Qaeda operative Abu Zubaida, agents found that almost all of Zubaida’s contacts were already being monitored under FISA warrants or through international surveillance efforts (see March 28, 2002). One government official says that the Zubaida discovery gave them “some comfort” that surveillance efforts were working as needed. [Washington Post, 2/9/2006]

Entity Tags: Foreign Intelligence Surveillance Court, Abu Zubaida, Al-Qaeda, Alberto R. Gonzales, US Department of Justice, Senate Judiciary Committee

Timeline Tags: Civil Liberties

Rayed Abdullah.Rayed Abdullah. [Source: Scoop]Rayed Abdullah, an associate of hijacker pilot Hani Hanjour (see October 1996-December 1997 and October 1996-Late April 1999), enters New Zealand despite being on the watch list there and takes further pilot training. The New Zealand government claims it only ascertains his real identity after he has been in the country several months. Abdullah is then arrested and deported to Saudi Arabia, even though he was traveling on a Yemeni passport. [Associated Press, 6/9/2006; New Zealand Herald, 6/10/2006] However, FBI agents and CIA officers later say that the US released Abdullah after 9/11 in an attempt to use him to spy on al-Qaeda for Saudi Arabia’s intelligence agency. The CIA ensures he is allowed into New Zealand as a part of a joint operation. However, the New Zealanders get cold feet when Abdullah starts flight training again. A CIA official will say: “[W]e know if Rayed was part of the [9/11] plot, someone in al-Qaeda will reach out for him, and we have a chance of making that connection.” An FBI official will comment: “The amazing thing is the CIA convinced itself that by getting [Abdullah] tossed out of New Zealand, he would then be trusted and acceptable to Saudi intelligence and useful in al-Qaeda operations. For this tiny chance of success they put passengers at risk to enter into a partnership with Saudi intelligence.” [Stories that Matter, 10/9/2006]

Entity Tags: Central Intelligence Agency, Rayed Abdullah

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In May 2006, investigative reporters Joe and Susan Trento find that the CIA is continuing a pre-9/11 policy (see July 1990 and January 8, 2000) and deliberately keeping some suspected terrorists off the US international no-fly list, which is aimed at preventing terrorists from traveling to the US and other countries. In addition, it has an agreement with some airlines to allow suspected terrorists who are on the no-fly list to fly anyway. For example, it allows Rayed Abdullah, an associate of alleged 9/11 pilot Hani Hanjour, to fly to New Zealand, where he takes flying lessons (see February-May 30, 2006). The CIA, as well as the Defense Intelligence Agency, keeps some terrorists’ names off the no-fly list because they are already intelligence assets, others are allowed to fly because the CIA hopes to recruit them, and more are allowed to travel just because the CIA wants to see where they are going and who they will meet. In addition, others are kept off the no-fly list at the request of US allies like Pakistan and Saudi Arabia. A former CIA officer says: “I cannot describe to you how reluctant our operational people were to turn over names. Many terrorists act as assets for our case officers. We do deal with bad guys, and, like cops protect snitches, we protect ours, too, and none of those guys is going to show up on the no-fly list anytime soon. So we made a deal. The CIA effectively has the ability to allow people to fly who are on the no-fly list if we deem it in the national interest—just not on domestic airlines.” There are other problems with the no-fly list (see March 2006 and March 2006) and the CIA also penetrates the Federal Air Marshal Service to ensure that terrorists can fly openly without the marshals’ knowledge (see Before 2006). [Trento and Trento, 2006, pp. xiii, 187, 192-3]

Entity Tags: Central Intelligence Agency, Defense Intelligence Agency, Joseph Trento, Susan Trento

Timeline Tags: Complete 911 Timeline

Bush acknowledging the secret CIA prison network.Bush acknowledging the secret CIA prison network. [Source: Gerald Herbert / Associated Press]In a speech, President Bush acknowledges a network of secret CIA prisons and announces plans to try 14 top al-Qaeda terrorist suspects in military tribunals. [Knight Ridder, 9/6/2006]
Admits Existence of Detainees in CIA Custody - Bush tells his listeners: “In addition to the terrorists held at Guantanamo, a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency.… Many specifics of this program, including where these detainees have been held and the details of their confinement, cannot be divulged.… We knew that Abu Zubaida (see March 28, 2002) had more information that could save innocent lives, but he stopped talking.… As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the CIA used an alternative set of procedures… The procedures were tough, and they were safe, and lawful, and necessary.… These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful. I cannot describe the specific methods used—I think you understand why.” Bush then adds that Zubaida “began to provide information on key al-Qaeda operatives, including information that helped us find and capture more of those responsible for the attacks on September 11” (see June 2002). Another high-value detainee, 9/11 planner Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), provided “many details of other plots to kill innocent Americans” (see March 7 - Mid-April, 2003 and August 6, 2007). [Vanity Fair, 12/16/2008; New York Review of Books, 3/15/2009] The 14 prisoners will be put on trial as soon as Congress enacts the Military Commissions Act (MCA—see October 17, 2006), which he is sending to Congress for its approval today. [Savage, 2007, pp. 308-309]
Political Reasons to Acknowledge CIA Prisons - The US government has never officially acknowledged the existence of the CIA prisons before, despite numerous media accounts about them. Bush’s speech comes less than two months before midterm Congressional elections and also comes as the White House is preparing new legislation to legalize the CIA’s detention program and shield US officials from prosecution for possible war crimes. Knight Ridder comments that the speech “appeared to be intended to give him more leverage in his negotiations with Congress over how to try suspected terrorists.… In addition to the potential political benefits, Bush had other reasons to make the program public. A Supreme Court ruling in June struck down the administration’s plan to bring terrorist suspects before military tribunals and called into question the legality of secret CIA detentions.” [Knight Ridder, 9/6/2006]
Sites Closed Down? - Other administration officials say the CIA prison network has been closed down, at least for the time being. (In fact, it will be reopened a short time later (see Autumn 2006-Late April 2007).) Reportedly, “fewer than 100” suspects had ever been in CIA custody. It is not known who they were or what happened to all of them, but most of them reportedly were returned to their home countries for prosecution. Fourteen “high-value” suspects, including accused 9/11 mastermind Khalid Shaikh Mohammed, were transferred from the secret CIA prisons to the prison in Guantanamo, Cuba in the days just prior to Bush’s speech (see September 2-3, 2006).
Torture is 'against [US] Values' - Bush says: “I want to be absolutely clear with our people and the world: The United States does not torture. It’s against our laws, and it’s against our values. I have not authorized it—and I will not authorize it.” However, he says the Geneva Conventions’ prohibition against “humiliating and degrading treatment” could potentially cause legal problems for CIA interrogators. Other administration officials say harsh interrogation techniques such as waterboarding were used in the CIA prisons. Such techniques are considered by many to be forms of torture. Bush claims that information gleaned from interrogations in the secret prisons helped thwart attacks on the US and provided valuable information about al-Qaeda operations around the world. [Knight Ridder, 9/6/2006; Washington Post, 9/7/2006]

Entity Tags: Geneva Conventions, Central Intelligence Agency, George W. Bush, Military Commissions Act, Abu Zubaida, Khalid Shaikh Mohammed

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

At a Guantanamo Bay tribunal to decide his combat status (see March 9-April 28, 2007), militant Islamist logistics manager Abu Zubaida (see March 28, 2002) is accused of heading Khaldan and Darunta training camps in Afghanistan and of co-ordinating their operation with Osama bin Laden, as well as moving money for al-Qaeda, desiring fraudulently-obtained Canadian passports for a terrorist plot, and making diary entries about planned attacks in the US. [US Department of Defense, 3/27/2007 pdf file]
Complaints of Torture, Admission of False Confessions - Zubaida complains of being tortured in US custody (see Mid-May 2002 and After and March 10-April 15, 2007). Zubaida’s statements about his treatment in US custody will be redacted from the trial transcripts, but a few remarks remain. In broken English, Zubaida states: “I was nearly before half die plus [because] what they do [to] torture me. There I was not afraid from die because I do believe I will be shahid [martyr], but as God make me as a human and I weak, so they say yes, I say okay, I do I do, but leave me. They say no, we don’t want to. You to admit you do this, we want you to give us more information… they want what’s after more information about more operations, so I can’t. They keep torturing me.” The tribunal president, a colonel whose name is also redacted, asks, “So I understand that during this treatment, you said things to make them stop and then those statements were actually untrue, is that correct?” Zubaida replies, “Yes.” [US Department of Defense, 3/27/2007 pdf file; Vanity Fair, 12/16/2008]
Denies Being Al-Qaeda Member or Enemy of US - He goes on to deny that he is an “enemy combatant,” saying that the Khaldan training camp, which he admits being logistics manager of, was around since the Soviet-Afghan War and was also used to train Muslims who wanted to fight invaders in Muslim lands, such as Chechnya, Kashmir, the Philippines, and Bosnia, where “America helped us.” After he was captured the US administration exaggerated his importance, and some media accounts have suggested his role was greatly exaggerated (see Shortly After March 28, 2002). He denies being an official member of al-Qaeda and says he disagrees with attacks on civilians. However, he admits some of his trainees subsequently decided to join al-Qaeda and that he did not prevent them from doing this. He also denies moving the money and submits a volume of his diary that apparently shows he was in Pakistan when the charges state he went to Saudi Arabia to collect the money. He requests the production of other volumes of his diaries, on which some of the charges are based, but they are not made available to the tribunal. In addition, he denies corresponding with bin Laden before 2000 and details a dispute that arose between them after that time. He says his diary entries about military targets are “strictly hypothetical,” and the passports are for non-terrorist travel. Following the US invasion of Afghanistan, he admits he helped non-aligned fighters escape from South Asia. He states that he is an enemy of the US because of its alliance with Israel, which he claims is oppressing his fellow Palestinians, saying, “A partner of a killer is also a killer.” [US Department of Defense, 3/27/2007 pdf file]

Entity Tags: Darunta training camp, Abu Zubaida, Al-Qaeda, Khaldan training camp

Timeline Tags: Torture of US Captives, Complete 911 Timeline

John Kiriakou.John Kiriakou. [Source: ABC News]Former CIA officer John Kiriakou gives the first of several media interviews around this time about the agency’s use of waterboarding and torture, to ABC. In this interview and others Kiriakou, who led the team that captured militant training camp facilitator Abu Zubaida (see March 28, 2002), makes several points:
bullet Zubaida was waterboarded. This is the first official on-the-record acknowledgment by any CIA official that the controversial technique that simulates drowning was used.
bullet Zubaida was only waterboarded once, for about 30 to 35 seconds. (This is untrue. Zubaida was actually waterboarded at least 83 times—see April 18, 2009.)
bullet After the waterboarding, Zubaida became co-operative; he had previously been uncooperative. (This is also allegedly untrue—see June 2002.) Kiriakou says, “The threat information that he provided disrupted a number of attacks, maybe dozens of attacks.” Kiriakou thinks the attacks were not to be on US soil, but overseas, although he is not sure. Waterboarding and the other techniques were used because of a sense of urgency. “Those tricks of the trade require a great deal of time—much of the time—and we didn’t have that luxury. We were afraid that there was another major attack coming.”
bullet Use of the CIA’s enhanced interrogation techniques is tightly controlled in the agency. Each application of a technique had to be specifically approved by the deputy director for operations.
bullet Kiriakou implies that waterboarding is torture and should remain banned now, but the circumstances of the time warranted its use. He believes that waterboarding both compromised American principles and saved lives. “Like a lot of Americans, I’m involved in this internal, intellectual battle with myself weighing the idea that waterboarding may be torture versus the quality of information that we often get after using the waterboarding technique,” he says. “And I struggle with it.”
Although he was personally involved in Zubaida’s capture, Kiriakou was not present at the interrogations and only learned about them at CIA headquarters. [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file; ABC News, 12/10/2009 pdf file] Over the next few days, Kiriakou gives a number interviews to other media outlets with basically the same information. The New York Times will call the series of interviews a “media blitz.” [New York Times, 12/11/2007; New York Times, 4/28/2009] The media he speaks to include the Washington Post, the New York Times, National Public Radio, CBS, CNN, and MSNBC (see December 11, 2007). A CNN anchor even calls him “the man of the hour.” [New York Times, 4/28/2009] Kiriakou garners praise for his poise in front of the camera. For example, Harper’s journalist Scott Horton will call him “telegenic,” whereas Foreign Policy magazine commentator Annie Lowery will opt for “telegenic and well spoken.” [Harpers, 12/21/2007; Foreign Policy, 4/28/2009]

Entity Tags: Central Intelligence Agency, Scott Horton, Abu Zubaida, John Kiriakou, Annie Lowery

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

Joseph Margulies.Joseph Margulies. [Source: PBS]Joseph Margulies, a law professor at Northwestern University, and lawyer George Brent Mickum write of their plans to meet with Guantanamo detainee Abu Zubaida (see March 28, 2002) as part of his legal defense team. The lawyers write: “Zubaydah’s world became freezing rooms alternating with sweltering cells. Screaming noise replaced by endless silence. Blinding light followed by dark, underground chambers. Hours confined in contorted positions. And, as we recently learned, Zubaydah was subjected to waterboarding. We do not know what remains of his mind, and we will probably never know what he experienced.” What exactly the CIA did to Zubaida may never be determined, as the agency destroyed the videotapes of his interrogations (see Spring-Late 2002). Zubaida’s subsequent confessions to FBI agents are essentially meaningless, the lawyers assert, because his will and mind were already irrevocably broken by the time of the FBI interviews. The lawyers hope to piece together what Zubaida knew and what was done to him, although they are not confident they will be given the documentation necessary to find out what they want to know. They fear that, if they are not able to learn the truth of Zubaida’s participation with al-Qaeda and the interrogation methods he was subjected to, then in his and others’ cases, the truth will be “only what the administration reports it to be. We hope it has not come to that.” [Washington Post, 2/23/2008]

Entity Tags: Federal Bureau of Investigation, Osama bin Laden, Abu Zubaida, Al-Qaeda, Central Intelligence Agency, Joseph Margulies, George Brent Mickum

Timeline Tags: Torture of US Captives

The New York Review of Books publishes a lengthy article documenting the Red Cross’s hitherto-secret report on US torture practices at several so-called “black sites.” The International Committee of the Red Cross (ICRC) issued a report on “The Black Sites” in February 2007 (see October 6 - December 14, 2006), but that report has remained secret until now. These “black sites” are secret prisons in Thailand, Poland, Afghanistan, Morocco, Romania, and at least three other countries (see October 2001-2004), either maintained directly by the CIA or used by them with the permission and participation of the host countries.
Specific Allegations of Torture by Official Body Supervising Geneva - The report documents the practices used by American guards and interrogators against prisoners, many of which directly qualify as torture under the Geneva Conventions and a number of international laws and statutes. The ICRC is the appointed legal guardian of Geneva, and the official body appointed to supervise the treatment of prisoners of war; therefore, its findings have the force of international law. The practices documented by the ICRC include sleep deprivation, lengthy enforced nudity, subjecting detainees to extensive, intense bombardment of noise and light, repeated immersion in frigid water, prolonged standing and various stress positions—sometimes for days on end—physical beatings, and waterboarding, which the ICRC authors call “suffocation by water.” The ICRC writes that “in many cases, the ill-treatment to which they [the detainees] were subjected while held in the CIA program… constituted torture.” It continues, “In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, and degrading treatment.” Both torture and “cruel, inhuman, and degrading treatment” are specifically forbidden by Geneva and the Convention Against Torture, both of which were signed by the US (see October 21, 1994). The 14 “high-value detainees” whose cases are documented in the ICRC report include Abu Zubaida (see March 28, 2002), Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), and Tawfiq bin Attash (see March 28, 2002-Mid-2004). All 14 remain imprisoned in Guantanamo. [New York Review of Books, 3/15/2009 pdf file; New York Review of Books, 3/15/2009] Based on the ICRC report and his own research, Danner draws a number of conclusions.
bullet The US government began to torture prisoners in the spring of 2002, with the approval of President Bush and the monitoring of top Bush officials, including Attorney General John Ashcroft. The torture, Danner writes, “clearly violated major treaty obligations of the United States, including the Geneva Conventions and the Convention Against Torture, as well as US law.”
bullet Bush, Ashcroft, and other top government officials “repeatedly and explicitly lied about this, both in reports to international institutions and directly to the public. The president lied about it in news conferences, interviews, and, most explicitly, in speeches expressly intended to set out the administration’s policy on interrogation before the people who had elected him.”
bullet Congress was privy to a large amount of information about the torture conducted under the aegis of the Bush administration. Its response was to pass the Military Commissions Act (MCA—see October 17, 2006), which in part was designed to protect government officials from criminal prosecutions under the War Crimes Act.
bullet While Congressional Republicans were primarily responsible for the MCA, Senate Democrats did not try to stop the bill—indeed, many voted for it. Danner blames the failure on its proximity to the November 2006 midterm elections and the Democrats’ fear of being portrayed as “coddlers of terrorists.” He quotes freshman Senator Barack Obama (D-IL): “Soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be criticized as caring more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.” (Obama voted against the MCA, and, when it passed, he said, “[P]olitics won today.”)
bullet The damage done to the US’s reputation, and to what Danner calls “the ‘soft power’ of its constitutional and democratic ideals,” has been “though difficult to quantify, vast and enduring.” Perhaps the largest defeat suffered in the US’s “war on terror,” he writes, has been self-inflicted, by the inestimable loss of credibility in the Muslim world and around the globe. The decision to use torture “undermin[ed] liberal sympathizers of the United States and convinc[ed] others that the country is exactly as its enemies paint it: a ruthless imperial power determined to suppress and abuse Muslims. By choosing to torture, we freely chose to become the caricature they made of us.”
A Need for Investigation and Prosecution - Danner is guardedly optimistic that, under Democratic leadership in the White House and Congress, the US government’s embrace of torture has stopped, and almost as importantly, the authorization and practice of torture under the Bush administration will be investigated, and those responsible will be prosecuted for crimes against humanity. But, he notes, “[i]f there is a need for prosecution there is also a vital need for education. Only a credible investigation into what was done and what information was gained can begin to alter the political calculus around torture by replacing the public’s attachment to the ticking bomb with an understanding of what torture is and what is gained, and lost, when the United States reverts to it.” [New York Review of Books, 3/15/2009]

Entity Tags: Khallad bin Attash, Khalid Shaikh Mohammed, Bush administration (43), Barack Obama, Abu Zubaida, New York Review of Books, Central Intelligence Agency, George W. Bush, Geneva Conventions, John Ashcroft, International Committee of the Red Cross, Mark Danner

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The CIA’s torture of a supposed high-ranking al-Qaeda operative, Abu Zubaida, produced no information that helped foil any terrorist attacks or plots, according to former senior government officials who closely followed the interrogations. Zubaida was subjected to intensive waterboarding and other tortures (see April - June 2002), and provided information about a fantastic array of al-Qaeda plots that sent CIA agents all over the globe chasing down his leads. But none of his information panned out, according to the former officials. Almost everything Zubaida said under torture was false, and most of the reliable information gleaned from him—chiefly the names of al-Qaeda members and associates—was obtained before the CIA began torturing him. Moreover, the US’s characterization of Zubaida as “al-Qaeda’s chief of operations” and a “trusted associate” of Osama bin Laden turned out to be false as well. Several sources have challenged the government’s characterization of Zubaida as a “high-level al-Qaeda operative” before now (see Shortly After March 28, 2002 and April 9, 2002 and After).
'Fixer' for Islamists before 9/11 - Zubaida, a native Palestinian, never even joined al-Qaeda until after 9/11, according to information obtained from court documents and interviews with current and former intelligence, law enforcement, and military sources. Instead, he was a “fixer” for a number of radical Islamists, who regarded the US as an enemy primarily because of its support for Israel. Many describe Zubaida as a “travel agent” for al-Qaeda and other radical Islamists. He joined al-Qaeda because of the US’s preparations to invade Afghanistan. US officials are contemplating what, if any, charges they can use to bring him into court. Zubaida has alleged links with Ahmed Ressam, the so-called “Millennium Bomber” (see December 14, 1999), and allegedly took part in plans to retaliate against US forces after the overthrow of the Taliban in late 2001 (see December 17, 2001). But some US officials worry that bringing him into a courtroom would reveal the extent of his torture and abuse at the hands of the CIA, and that any evidence they might have against him is compromised because it was obtained in part through torture. Those officials want to send him to Jordan, where he faces allegations of conspiracy in terrorist attacks in that country.
Defending Zubaida's Information - Some in the US government still believe that Zubaida provided useful information. “It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” says a US counterterrorism official. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures… and identified hundreds of al-Qaeda members. How anyone can minimize that information—some of the best we had at the time on al-Qaeda—is beyond me.… Based on what he shared during his interrogations, he was certainly aware of many of al-Qaeda’s activities and operatives.” But the characterization of Zubaida as a well-connected errand runner was confirmed by Noor al-Deen, a Syrian teenager captured along with Zubaida at a Pakistani safe house (see March 28, 2002). Al-Deen readily answered questions, both in Pakistan and in a detention facility in Morocco. He described Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. (Al-Deen was later transferred to Syria; his current whereabouts and status are unknown to the public.) A former Justice Department official closely involved in the early investigation of Zubaida says: “He was the above-ground support” for al-Qaeda and other radicals. “He was the guy keeping the safe house, and that’s not someone who gets to know the details of the plans. To make him the mastermind of anything is ridiculous.” A former intelligence officer says the US spent an inestimable amount of time and money chasing Zubaida’s “leads” to no effect: “We spent millions of dollars chasing false alarms.”
Connected to KSM - Zubaida knew radical Islamist Khalid Shaikh Mohammed for years. Mohammed, often dubbed “KSM” by US officials, approached Zubaida in the 1990s about finding financial backers for a plan he had concocted to fly a small plane into the World Trade Center. Zubaida declined involvement but recommended he talk to bin Laden. Zubaida quickly told FBI interrogators of Mohammed and other al-Qaeda figures such as alleged “dirty bomber” Jose Padilla (see May 8, 2002). He also revealed the plans of the low-level al-Qaeda operatives he fled Afghanistan with. Some wanted to strike US forces in Afghanistan with bombs, while others harbored ideas of further strikes on American soil. But he knew few details, and had no knowledge of plans by senior al-Qaeda operatives. At this point, the CIA took over the interrogations, and the torture began (see Mid-April-May 2002). As a result of the torture, Zubaida began alternating between obstinate silence and providing torrents of falsified and fanciful “intelligence”; when FBI “clean teams” attempted to re-interview some detainees who had been tortured in order to obtain evidence uncontaminated by abusive treatment, Zubaida refused to cooperate. Joseph Margulies, one of Zubaida’s attorneys, says: “The government doesn’t retreat from who KSM is, and neither does KSM. With Zubaida, it’s different. The government seems finally to understand he is not at all the person they thought he was. But he was tortured. And that’s just a profoundly embarrassing position for the government to be in.” Margulies and other lawyers want the US to send Zubaida to another country besides Jordan—Saudi Arabia, perhaps, where Zubaida has family. Military prosecutors have already deleted Zubaida’s name from the charge sheets of detainees who will soon stand trial, including several who were captured with Zubaida and are charged with crimes in which Zubaida’s involvement has been alleged.
Pressure from the White House - The pressure from the White House to get actionable information from Zubaida was intense (see Late March 2002), according to sources. One official recalls the pressure as “tremendous.” He says the push to force information from Zubaida mounted from one daily briefing to the next. “They couldn’t stand the idea that there wasn’t anything new. They’d say, ‘You aren’t working hard enough.’ There was both a disbelief in what he was saying and also a desire for retribution—a feeling that ‘He’s going to talk, and if he doesn’t talk, we’ll do whatever.’” [Washington Post, 3/29/2009]

Entity Tags: Jose Padilla, Al-Qaeda, Ahmed Ressam, Abu Zubaida, Bush administration (43), Federal Bureau of Investigation, Khalid Shaikh Mohammed, US Department of Justice, Joseph Margulies, Central Intelligence Agency, Noor al-Deen

Timeline Tags: Torture of US Captives

Brian Kilmeade.Brian Kilmeade. [Source: Chattahbox (.com)]Brian Kilmeade, a co-host of Fox News’s morning broadcast Fox and Friends, says he “feel[s] better” knowing that alleged 9/11 mastermind Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 16, 2009 and April 18, 2009). “Guess what?” Kilmeade says. “Maybe if he were so scared of caterpillars [referring to militant training camp facilitator Abu Zubaida’s torture by insects—see August 1, 2002]… maybe he should have thought about that before he helped plot the taking down of 3,000-plus people on 9/11.” (Kilmeade is either unaware of, or ignoring, reports that show Zubaida may not have been a member of al-Qaeda and had no involvement in the 9/11 planning—see March 28, 2002, Shortly After March 28, 2002, and April 9, 2002 and After.) Kilmeade continues: “Khalid Shaikh Mohammed, I understand, was waterboarded 183 times. Did anyone care about that? Does anyone in America walk around going, ‘I’m really upset that the mastermind of 9/11 was waterboarded 183 times.’ That makes me feel better.… It’s unbelievable that people care more about Khalid Shaikh Mohammed, uh, his health, than they would about the future attacks that are being hatched.” [Media Matters, 4/20/2009]

Entity Tags: Khalid Shaikh Mohammed, Brian Kilmeade, Fox News

Timeline Tags: Torture of US Captives

The White House announces the formation of a new unit to question “high-value” terrorism suspects. The unit is called the High-Value Detainee Interrogation Group (HIG). It operates out of the FBI, but is overseen by the National Security Council; this structure removes the CIA as the primary interrogators of high-level detainees and gives the White House direct oversight. According to author and reporter David Ignatius, the HIG will be composed of small groups of “special interrogation experts” sent out to interrogate certain detainees. [PBS, 8/24/2009] Administration officials say all interrogations overseen by the HIG will comply with guidelines contained in the Army Field Manual, which prohibits the use of physical force. The group will study other interrogation methods, however, and may add additional noncoercive methods in the future. Tom Malinkowski of the organization Human Rights Watch says the new interrogation policy represents a significant step toward more humane treatment, though he wants stricter limits on rendition (see August 24, 2009]). Overall, Malinkowski says the Obama administration’s approach to counterterrorism issues is strong, noting that the government has now adopted “some of the most transparent rules against abuse of any democratic country.” [New York Times, 8/25/2009]
De-Emphasizing CIA's Role in Interrogations - Author and reporter Jane Mayer observes: “[T]o to some extent, this is bringing the CIA back to its earlier role traditionally, before 9/11, but still it’s taking authority away from the CIA. It’s also—the new rules for interrogation are going to make the CIA use only techniques that are allowed for the military. They’re not going to have any special dispensation to do enhanced interrogation techniques, so you’re basically seeing them kind of knocked down to just having to act like everybody else.” Ignatius adds: “My conversations today with the people who know the CIA tells me that the feeling out there is kind of, ‘Let this cup pass from our lips.’ You know, they are sick of this interrogation issue. They were in many cases reluctant to get into it in the first place. This has been a nightmare for them. Careers have been destroyed. Officers feel like their lives have been wrecked. And I think the career people there say, ‘Fine, you know, if the FBI wants to do this, let them have it.‘… [T]he only thing that worries me is putting it so directly under the White House, having the White House running interrogation programs, that seems a little odd to me.” [PBS, 8/24/2009] CIA spokesman Paul Gimigliano says that the agency will continue to be involved in interrogations. “The CIA took active part in the work of the task force, and the agency’s strong counterterrorism knowledge will be key to the conduct of future debriefings,” he says. “That won’t change.” [New York Times, 8/25/2009]
Worries that Obama Administration May be Taking Too Much Power for Itself - MSNBC’s Alison Stewart says the decision “might cause involuntary eyebrow-raising among people who thought the Bush administration gave itself too much power in these matters.” Senator Sheldon Whitehouse (D-RI) supports the decision, saying that “it brings for the first time… a very rigorous and serious overview to our interrogation of high-value detainees. If you set aside all of the spin and all of the nonsense that you heard out of the top layers of the Bush administration, what you really saw was—for a lot of these high-value detainees, you saw very amateurish investigation by people who knew nothing about al-Qaeda, who knew nothing about interrogation, who had familiarity with antique techniques that were used by brutal tyrant regimes for propaganda purposes not for intelligence gathering purposes, and were put for reasons that are still not adequately explained into high value interrogations. We know from testimony before the Senate Judiciary Committee that at least one very productive investigation was interrupted and probably ruined by the intervention of these amateurish and brutal techniques into an investigation—an interrogation that was generating absolutely first-class interrogation for our country.” Whitehouse does not identify the subject of that “productive interrogation,” but he could be referring to the interrogation of Abu Zubaida (see March 28, 2002). [MSNBC, 8/25/2009]

Entity Tags: Alison Stewart, High-Value Detainee Interrogation Group, Federal Bureau of Investigation, Central Intelligence Agency, David Ignatius, Tom Malinkowski, Sheldon Whitehouse, Jane Mayer, National Security Council, Paul Gimigliano, Obama administration

Timeline Tags: Torture of US Captives

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