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Context of 'December 3-14, 2001: Bush Administration Officials Tip Off Reporters About Raids on Suspect Charities'

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At the behest of President Nixon (see June 15, 1971), the Justice Department files a motion with the US District Court in New York requesting a temporary restraining order and an injunction against the New York Times to prevent further publication of articles stemming from the “Pentagon Papers” (see June 13, 1971). The landmark case of New York Times Company v. United States begins. The government’s argument is based on the assertion that the publication of the documents jeopardizes national security, makes it more difficult to prosecute the Vietnam War, and endangers US intelligence assets. The Times will base its defense on the principles embodied in the First Amendment, as well as the argument that just because the government claims that some materials are legitimately classified as top secret, this does not mean they have to be kept out of the public eye; the Times will argue that the government does not want to keep the papers secret to protect national security, but instead to protect itself from embarrassment and possible criminal charges. The court grants the temporary restraining order request, forcing the Times to temporarily stop publishing excerpts from the documents. [Herda, 1994; Moran, 2007]

Entity Tags: New York Times, Richard M. Nixon, US Department of Justice

Timeline Tags: Civil Liberties, Nixon and Watergate

1989: Holy Land Foundation Formed in US

Holy Land Foundation logo.Holy Land Foundation logo. [Source: Holy Land Foundation]The Holy Land Foundation charity is established in the US, two years after Hamas was founded in the Middle East. From the very beginning, there are signs that Holy Land is supports illegal violent acts committed by Hamas. For instance, In 1990, Haitham Maghawri will apply for asylum in the US. He will tell the INS that he had been arrested several times in Lebanon, once for placing a car bomb. He will be denied asylum, but will gain permanent residence by marrying a US citizen. He then will become executive director of Holy Land. Additionally, government documents, corporate records, and Arabic-language articles show clear connections between Hamas, Holy Land, and a closely related group, the Islamic Association for Palestine (IAP). For instance, in the late 1980s, Mousa Abu Marzouk, a known political leader of Hamas living in the US, is the chairman of IAP’s advisory committee and donates hundreds of thousands of dollars to the IAP. The IAP publicly recommends Muslims should donate money to Holy Land to support Hamas in the Palestinian intifada (uprising) against Israel. According to international law, violent acts against Israeli military targets are not illegal, but such acts against civilian targets are, and Hamas freely acknowledges that it does both. As a result, financial support in the US for Hamas is controversial and often done in secret. Hamas will not be officially declared a terrorist group until 1995, and after this all US financing support for Hamas will be done in secret (see January 1995). [Dallas Morning News, 4/8/1996; Associated Press, 12/12/2001; Chicago Tribune, 12/16/2001; Dallas Morning News, 12/20/2002]

Entity Tags: Holy Land Foundation for Relief and Development, Islamic Association for Palestine, Haitham Maghawri

Timeline Tags: Complete 911 Timeline

Steve McGonigle.Steve McGonigle. [Source: University of Texas at Austin]In October 1994, CBS News shows a documentary made by counterterrorism expert Steven Emerson called Jihad in America that alleges the Islamic Association for Palestine (IAP) and Holy Land Foundation have given critical financial support to Hamas. The story is largely based on confessions that Hamas operative Mohammad Salah and another man gave to Israeli officials in 1993 (see January 1993). It claims that these two Texas-based organizations are sending more than a million dollars to Hamas, much of it to buy ammunition. The US officially declares Hamas a terrorist organization in 1995 (see January 1995), and a new law passed in 1996 confirms a 1995 executive order that giving any support to groups like Hamas a crime (see April 25, 1996). [Dallas Morning News, 10/5/1994; Dallas Morning News, 4/8/1996] In March 1996, the Israeli government closes the Jerusalem office of the Holy Land Foundation because of alleged ties to Hamas. This prompts Steve McGonigle, a reporter at the Dallas Morning News, to begin investigating Holy Land, since their headquarters are near Dallas. Beginning in April 1996, McGonigle begins reporting on Holy Land and their ties to Hamas. He notices by looking at public records that Mousa Abu Marzouk, the political leader of Hamas being detained in New York (see July 5, 1995-May 1997), has provided hundreds of thousands of dollars in funding to Holy Land beginning in 1992, the same information that FBI agents like Robert Wright are already aware of. In 1997, the Associated Press will note that Marzouk gave Holy Land its single biggest contribution in the first five years of Holy Land’s existence. Members of Congress such as US Representative Nita Lowey (D-NY) ask the IRS to revoke the Holy Land Foundation’s tax-exempt status because of its support for a US-designated terrorist group. McGonigle also publishes that Marzouk’s wife invested $250,000 in 1993 in InfoCom, the computer company located next to Holy Land that will also be accused of Hamas ties (see September 16, 1998-September 5, 2001). McGonigle will continue to write more stories about Holy Land and Hamas, causing Holy Land to sue his newspaper for defamation in April 2000 (the suit will be dropped after 9/11). [Dallas Morning News, 4/8/1996; Associated Press, 5/26/1997; Columbia Journalism Review, 1/2002] Yet despite all of this media coverage, InfoCom will not be raided until one week before 9/11 (see September 5-8, 2001), and the Holy Land Foundation will not be raided until after 9/11.

Entity Tags: Steve McGonigle, Mousa Abu Marzouk, Mohammad Salah, Steven Emerson, InfoCom Corp., Hamas, Islamic Association for Palestine, Nita Lowey, Holy Land Foundation for Relief and Development

Timeline Tags: Complete 911 Timeline

The Global Relief Foundation (GRF) is incorporated in Bridgeview, Illinois, in 1992. The US government will later claim that its founders had previously worked with Maktab al-Khidamat (MAK)/ Al-Kifah, which was the precursor to al-Qaeda (see Late 1984). By 2000, the US branch of GRF will report over $5 million in annual contributions, and 90% of that will be sent overseas. [9/11 Commission, 8/21/2004, pp. 89-90 pdf file] The FBI’s Chicago office first became aware of GRF in the mid-1990s due to GRF’s connection to MAK/ Al-Kifah and other alleged radical militant links. After discovering a series of calls between GRF officials and others with terrorist links, the Chicago office opens a full field investigation in 1997. FBI agents begin physically monitoring the GRF office and searching through its trash. But the Chicago agents are repeatedly obstructed by FBI headquarters, which takes six months to a year to approve routine requests such as searches for GRF’s telephone and bank records. The Chicago agents get more help from foreign countries where the GRF has offices, and largely based on this overseas information, they conclude the GRF is funding terrorism overseas. They submit a request for a FISA warrant to step up surveillance, but it takes a full year for the warrant to be approved. After getting the approval, they begin electronic surveillance as well. By late 1999, they are convinced that the GRF executive director Mohammad Chehade is a member of both Al-Gama’a al-Islamiyya and al-Qaeda. For instance, Chehade called a mujaheddin leader closely tied to bin Laden, and there were calls between GRF and Wadih El-Hage, bin Laden’s former personal secretary and one of the 1998 African embassy bombers. Searching through GRF’s trash, the agents find evidence that GRF has bought sophisticated military-style handheld radios and sent them to Chechnya. By the start of 2001, the agents are convinced that GRF is funding militant groups, but they are unable to prove where the money is going overseas. They cannot make a formal request for bank records in other countries because they are conducting an intelligence investigation, not a criminal investigation. The Chicago agents want to travel to Europe to meet with officials investigating GRF there, but they are not allowed to go. Their superiors site budget constraints. In late spring 2001, the FISA warrant is not extended, effectively ending any chance the FBI could act against GRF before 9/11. No reason has been given why the warrant was not extended, but around this time FBI headquarters do not even submit a valid FISA application for GRF put forth by the FBI’s Detroit office (see March 2000). [9/11 Commission, 8/21/2004, pp. 89-94 pdf file] The GRF’s offices in the US and overseas will be shut down shortly after 9/11 (see December 14, 2001). In 2004, it will be reported that Chehade is still living in the US and has not been charged with any crimes. [Metro Times, 3/17/2004]

Entity Tags: Federal Bureau of Investigation, Al-Gama’a al-Islamiyya, Al-Qaeda, FBI Headquarters, Wadih El-Hage, Global Relief Foundation, Maktab al-Khidamat, Mohammad Chehade, FBI Chicago field office

Timeline Tags: Complete 911 Timeline

In 1998, Saif al-Islam al-Masri, a member of al-Qaeda’s ruling military council, is appointed Benevolence International Foundation’s (BIF) officer in Grozny, Chechnya. BIF is a US-based charity with numerous ties to al-Qaeda that is being investigated by the FBI at this time (see 1998). It will be shut down in late 2001 (see December 14, 2001). From 1995 to 2001, BIF provides money, anti-mine boots, camouflage military uniforms, and other supplies to the Chechen rebels who are fighting the Russian army. BIF is particularly close to Ibn Khattab, the Chechen warlord linked to Osama bin Laden, and BIF is even mentioned on Khattab’s website at the time, as a charity to use to give to the Chechen cause. The BIF office in Baku, Azerbaijan, which serves as support to nearby Chechnya, is manned by a member of a militant group led by Gulbuddin Hekmatyar, the Afghan warlord closely linked to al-Qaeda. In 1999, Enaam Arnaout, head of BIF’s US office, tours Chechnya and reports on the roles al-Islam, Khattab, and others are playing there. US intelligence is aware of al-Islam’s al-Qaeda role at this time, and recovered his passport photo in a raid on the house of al-Qaeda leader Wadih El-Hage in Kenya in 1997 (see August 21, 1997). [USA v. Enaam M. Arnaout, 10/6/2003 pdf file] El-Hage was monitored talking on the phone to al-Islam in 1996 and 1997. [United States of America v. Usama Bin Laden, et al., Day 37, 5/1/2001] However, either US intelligence failed to notice al-Islam’s link to BIF at the time, or failed to do anything about it. It is not known when he stops working for BIF. He will not be captured until 2002, when US forces help catch him just outside of Chechnya (see Early October 2002).

Entity Tags: Ibn Khattab, Benevolence International Foundation, Enaam Arnaout, Gulbuddin Hekmatyar, Wadih El-Hage, Saif al-Islam al-Masri

Timeline Tags: Complete 911 Timeline

The FBI’s Chicago office opens a full field investigation into the Illinois based Benevolence International Foundation (BIF), after one of its agents stumbled across links between BIF and radical militants while attending a conference. The CIA and FBI already have extensive evidence linking BIF to al-Qaeda from a variety of sources but how much of that is shared with the Chicago office after they start their investigation is unclear (see 1998). Chicago FBI agents begin looking through BIF’s trash and learn much, since BIF officials throw out their phone records and detailed reports without shredding them. They also cultivate a source who gives them some useful information about BIF, but apparently no smoking guns. But they run into many difficulties:
bullet In the summer of 1999, the FBI sends a request to the Saudi government asking for information about Adel Batterjee, the founder of BIF, but they get no reply before 9/11.
bullet In April 2000, they apply for a FISA warrant so they can conduct electronic surveillance, but it is not approved until after 9/11. It has not been explained why there was such a long delay.
bullet They discover the bank account numbers of the BIF’s overseas offices and ask for help from other US intelligence agencies to trace the money, but they never hear back about this before 9/11.
bullet They submit a request to an allied European country for information about European intelligence reports linking BIF executive director Enaam Arnaout to the kidnapping and murders of Americans in Kashmir in 1995. But they never even receive an acknowledgment that the request was received (see July 4, 1995).
bullet A European intelligence agency invites the Chicago agents to a meeting to share information about BIF, but the agents are not allowed to go as their superiors say they cannot afford to send them. [9/11 Commission, 8/21/2004, pp. 96-98 pdf file]
BIF will not be shut down until shortly after 9/11 (see December 14, 2001).

Entity Tags: Adel Abdul Jalil Batterjee, Benevolence International Foundation, Enaam Arnaout, Federal Bureau of Investigation, FBI Chicago field office, Al-Qaeda

Timeline Tags: Complete 911 Timeline

The New York Times reports that “In recent months, American officials have circulated within the government a list of more than 30 groups that they are examining for links to terrorism, at least two of which are based in the United States.” The only groups specifically mentioned as being on the list are: [New York Times, 2/19/2000]
bullet The Islamic African Relief Agency (IARA), a charity said to be tied to the government of Sudan, which the US officially lists as a terrorism sponsor. The State Department’s USAID program gave the IARA two grants in 1998 worth $4.2 million for work in Mali, then later cancelled the grants (see November 1996-Late December 1999).
bullet The Holy Land Foundation, based in Richardson, Texas.
bullet The Global Relief Foundation, also based in Richardson, Texas.
bullet Human Concern International, a Canadian-based group shut down by Canada in 1997.
The US government is said to be stepping up investigations into such charities, and talking to countries in the Persian Gulf about their support of specific charities. “But officials said Washington had been reluctant to interfere in a domain safeguarded by constitutional guarantees of free association and separation of church and state. In addition, officials said, they lacked evidence that could be used in public court proceedings.” [New York Times, 2/19/2000] Later in 2000, the State Department will ask its USAID program not to give aid to Holy Land any more. It will cite the payments the charity gives to the families of suicide bombers. [New York Times, 8/25/2000] But aside from this one minor step, the US will take no actions against any of the four named charities until after 9/11. Three of the charities will be shut down shortly after 9/11 (see December 4, 2001; October 12, 2001), while in 2004 the IARA will be shut down for providing “direct financial support” to al-Qaeda. [New York Times, 8/25/2000]

Entity Tags: Holy Land Foundation for Relief and Development, Human Concern International, Global Relief Foundation, US Department of Justice, Islamic African Relief Agency

Timeline Tags: Complete 911 Timeline

FBI agents in Chicago are already investigating the Illinois-based Global Relief Foundation (GRF) for linked to al-Qaeda and other radical militant groups (see 1997-Late Spring 2001), when they discover a connection to Detroit. They find that GRF executive director Mohammad Chehade, a suspected al-Qaeda operative, is calling two people in the Detroit area, GRF’s unnamed spiritual leader and Rabih Haddad, a major GRF fund raiser. Based on this lead, in March 2000, the FBI’s Detroit office opens a full field investigation on these two subjects. A Detroit agent also applies for a FISA warrant on the two subjects to conduct electronic surveillance on them. But the FISA applications are not approved until just after 9/11 because FBI headquarters does not formally submit the request until then. The Detroit agent is never given a reason for the delay. In fact, FBI headquarters agents tell him the application looks good and repeatedly say that they are working on it. The agent will later tell the 9/11 Commission he “believes [the delay] caused him to miss a great opportunity to gather critical intelligence and substantially limited the Detroit investigation of GRF before 9/11.” [9/11 Commission, 8/21/2004, pp. 93-94 pdf file] The GRF’s offices in the US and overseas will be shut down shortly after 9/11 (see December 14, 2001). Haddad will be imprisoned for 19 months for an immigration violation and then deported. [Metro Times, 3/17/2004]

Entity Tags: Global Relief Foundation, Rabih Haddad, Mohammad Chehade, Federal Bureau of Investigation, Al-Qaeda, FBI Headquarters, FBI Detroit field office, FBI Chicago field office

Timeline Tags: Complete 911 Timeline

David Boim.David Boim. [Source: Public domain]The parents of a US teenager killed in a West Bank attack sue Mohammad Salah, Mousa Abu Marzouk, the Holy Land Foundation, Quranic Literacy Institute, and Islamic Association for Palestine (IAP) for $600 million. Stanley and Joyce Boim claim these people and entities were a “a network of front organizations” in the US that funded the attack that killed their 17-year-old David Boim. Their son was gunned down in 1996 while waiting at a bus stop; the attack was blamed on Hamas. Suing suspected terrorists for damages is allowed under a 1992 law, but it had never been done before. The suit claims that the Hamas finance network paid for the vehicle, machine guns, and ammunition used to kill Boim. The case is based on the investigative work of FBI agent Robert Wright and his Vulgar Betrayal investigation. Salah’s house and bank accounts were seized as part of the investigation. [Associated Press, 5/14/2000; Associated Press, 6/6/2002] The Holy Land Foundation is defended in the suit by Akin, Gump, Strauss, Hauer & Feld, a Washington law firm said to have influence with the Bush family. For instance, one firm partner is James Langdon, one of the future President Bush’s close Texas friends. [Boston Herald, 12/11/2001] On December 9, 2004, it will be announced that the elder Boims have won the suit. All of the above-mentioned people and entities will be found guilty and ordered to pay the Boims a total of $156 million. There is little chance the Boims will ever see all of that large sum, especially since the organizations will be shut down and have their assets frozen in the years since the suit began. Joyce Boim will say, “I finally have justice for David. He’s up there, smiling down.” [Associated Press, 12/9/2004]

Entity Tags: Vulgar Betrayal, Hamas, Mousa Abu Marzouk, Islamic Association for Palestine, Robert G. Wright, Jr., Mohammad Salah, Quranic Literacy Institute, Akin, Gump, Strauss, Hauer & Feld, David Boim, Joyce Boim, Holy Land Foundation for Relief and Development, Stanley Boim

Timeline Tags: Complete 911 Timeline

On December 3, 2001, New York Times reporter Judith Miller telephones officials with the Holy Land Foundation charity in Texas and asks them to comment about what she says is a government raid on the charity planned for the next day. Then in a December 4, 2001, New York Times article, Miller writes that President Bush is about to announce that the US is freezing the assets of Holy Land and two other financial groups, all for supporting Hamas. US officials will later argue that Miller’s phone call and article “increased the likelihood that the foundation destroyed or hid records before a hastily organized raid by agents that day.” Later in the month, a similar incident occurs. On December 13, New York Times reporter Philip Shenon telephones officials at the Global Relief Foundation in Illinois and asks them to comment about an imminent government crackdown on that charity. The FBI learns that some Global Relief employees may be destroying documents. US attorney Patrick Fitzgerald had been investigating the charities. He had been wiretapping Global Relief and another charity in hopes of learning evidence of criminal activity, but after the leak he changes plans and carries out a hastily arranged raid on the charity the next day (see December 14, 2001). Fitzgerald later seeks records from the New York Times to find out who in the Bush administration leaked information about the upcoming raids to Miller and Shenon. However, in 2005 Fitzgerald will lose the case. It is still not known who leaked the information to the New York Times nor what their motives were. Ironically, Fitzgerald will succeed in forcing Miller to reveal information about her sources in another extremely similar legal case in 2005 involving the leaking of the name of CIA agent Valerie Plame. [New York Times, 12/4/2001; New York Times, 12/15/2001; Washington Post, 9/10/2004; Washington Post, 2/25/2005] The 9/11 Commission will later conclude that in addition to the above cases, “press leaks plagued almost every [raid on Muslim charities] that took place in the United States” after 9/11. [Washington Post, 9/10/2004]

Entity Tags: Philip Shenon, Patrick J. Fitzgerald, Judith Miller, Hamas, Holy Land Foundation for Relief and Development, Federal Bureau of Investigation, George W. Bush, Global Relief Foundation, Bush administration (43)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Holy Land Foundation is shut down and its assets are seized. Holy Land claimed to be the largest Muslim charity in the US. It claimed to raise millions for Palestinian refugees and denied any support for terrorism. In justifying the move, the US government presents evidence of ties between the Holy Land and Hamas. Much of this evidence dates back to 1993; the Associated Press titles a story on the closure, “Money Freeze A Long Time Coming.” [Associated Press, 12/5/2001] Holy Land offices in San Diego, California; Paterson, New Jersey; and Bridgeview, Illinois, are also raided. [CNN, 12/4/2001] The indictment says Holy Land has been “deeply involved with a network of Muslim Brotherhood organizations dedicated to furthering the Islamic fundamentalist agenda espoused by Hamas.” [Washington Post, 9/11/2004] Holy Land is represented by the powerful law firm of Akin, Gump, Strauss, Hauer & Feld. Three partners at Akin, Gump are very close to President Bush: George Salem chaired Bush’s 2000 campaign outreach to Arab-Americans; Barnett “Sandy” Kress was appointed by Bush as an “unpaid consultant” on education reform and has an office in the White House; and James Langdon is one of Bush’s closest Texas friends. [Boston Herald, 12/11/2001; Washington Post, 12/17/2001] The leaders of Holy Land will be charged with a variety of crimes in 2002 and 2004 (see December 18, 2002-April 2005).

Entity Tags: Hamas, Muslim Brotherhood, Akin, Gump, Strauss, Hauer & Feld, US Department of the Treasury, Holy Land Foundation for Relief and Development

Timeline Tags: Complete 911 Timeline

US intelligence had been investigating the US-based Global Relief Foundation (GRF) long before 9/11 for links to al-Qaeda and other radical militant groups (see 1997-Late Spring 2001 and March 2000).The plan is to shut down a number of GRF’s overseas offices while continuing to monitor the GRF’s main office in Illinois and see how that office reacts to the overseas shutdowns. But on December 13, 2001, New York Times reporter Philip Shenon calls the Illinois office one day before the planned raids and asks them to comment about an imminent crack down on the charity (see December 3-14, 2001). The FBI quickly decides that the GRF is destroying documents after the tip-off, and they hastily arrange a raid on the Illinois office and the overseas offices the next day. Since the GRF and the Illinois-based Benevolence International Foundation (BIF) are considered to be closely linked, the BIF US office is raided and shut down at the same time, and the houses of GRF executive director Mohammad Chehade and BIF executive director Enaam Arnaout are searched. GRF fund-raiser Rabih Haddad is detained on the basis of overstaying a visa while Arnaout remains free in the US. [9/11 Commission, 8/21/2004, pp. 98-100 pdf file] October 18, 2002, the Treasury Department will officially designate GRF a terrorism financier. It will do the same to BIF on November 19, 2002. The UN also soon lists both groups as linked to al-Qaeda. [9/11 Commission, 8/21/2004, pp. 98-100 pdf file] Haddad will be imprisoned for 19 months and then deported for the immigration violation. [Metro Times, 3/17/2004]

Entity Tags: Global Relief Foundation, Al-Qaeda, Benevolence International Foundation, Federal Bureau of Investigation, Rabih Haddad, Enaam Arnaout, Mohammad Chehade, Philip Shenon

Timeline Tags: Complete 911 Timeline

It is reported that four charities operating in Bosnia are due to be shut down there within weeks. The four are Saudi High Relief Commission, Global Relief Foundation (GRF), Active Islamic Youth (AIO), and the Third World Relief Agency (TWRA). The Saudi High Commission is closely tied to the Saudi government and has given out hundreds of millions of dollars in aid to Bosnia. At least three suspects recently arrested by the US worked for the Commission, and it had a long history of known militant links (see 1996 and After). In late 2001, GRF was shut down in the US and the UN shut its offices in nearby Kosovo (see December 14, 2001). In the early 1990s, TWRA funneled hundreds of millions of dollars worth of weapons to Bosnia in violation of a UN embargo (see Mid-1991-1996). A Bosnian police official says, “We have information that these groups are used to finance and support terrorism. There is also definitely money laundering here. And this laundering definitely shows evidence of sources in the narcotics and arms trades.” Bosnian Deputy Minister Rasim Kadic says, “A series of searches and other intelligence gathering proved activities and evidence that has no relationship to humanitarian work. Four groups have very suspicious financial dealings and other issues have made police very suspicious about these four groups.… We expect to make the hard decision to close some of these groups. We will say ‘Thank you for your help, but now you must go.’” Officials say have also discovered evidence of drug and weapons trafficking by the four charities. [United Press International, 1/25/2002] But in fact, the four charities are not shut down in Bosnia, except for GRF, which will have its offices there shut near the end of 2002. [BBC, 11/28/2002] In 2004, there will be reports that TWRA is operating in the Czech Republic. [BBC, 3/15/2004] And in 2005, counterterrorism expert Rohan Gunaratna will tell an Austrian newspaper that TWRA is still tied to radical militants and still active there. [BBC, 6/14/2005]

Entity Tags: Third World Relief Agency, Rohan Gunaratna, Saudi High Commission, Rasim Kadic, Global Relief Foundation, Active Islamic Youth

Timeline Tags: Complete 911 Timeline

Ghassan Elashi holds a press conference and denies any connection to terrorist funding.Ghassan Elashi holds a press conference and denies any connection to terrorist funding. [Source: Associated Press]Mousa Abu Marzouk, his wife, and five brothers (Ghassan Elashi, Bayan Elashi, Hazim Elashi, Basman Elashi, and Ihsan Elashi) are charged with conspiracy, money laundering, dealing in the property of a designated terrorist, illegal export, and making false statements. The brothers are arrested in Texas, but Marzouk and his wife are living in Syria and remain free. Marzouk is considered a top leader of Hamas. FBI agent Robert Wright had been investigating Marzouk and the brothers since the late 1990s. Wright is set to appear on ABC News on December 19, 2002, to complain that the FBI had failed to prosecute Marzouk for years. As the New York Post notes, “That got results: A day before the show aired, Attorney General Ashcroft announced he would indict Marzouk.” [BBC, 12/18/2002; Associated Press, 12/18/2002; Washington Post, 12/19/2002; New York Post, 7/14/2004] FBI agent John Vincent, who worked closely with Wright, comments, “From within the FBI, [Wright] and I tried to get the FBI to use existing criminal laws to attack the infrastructure of terrorist organizations within the United States, but to no avail. It took an appearance [on television] by [Wright] and I to propel them into making arrests that they could have made as early as 1993.” [Federal News Service, 6/2/2003] ABC News similarly notes, “Marzouk was in US custody in 1997 and under criminal investigation then for much the same crimes cited today.” [ABC News, 12/18/2002] Ghassan Elashi was the vice president of InfoCom Corporation, which was raided on September 5, 2001 (see September 5-8, 2001). He was also chairman of Holy Land Foundation, which was shut down in December 2001. InfoCom and Holy Land were based in the same Texas office park and shared many of the same employees. [Guardian, 9/10/2001; CBS News, 12/18/2002; Associated Press, 12/23/2002] Holy Land raised $13 million in 2000 and claimed to be the largest Muslim charity in the US. The government charges that Hamas members met with Ghassan Elsashi and other Holy Land officials in 1993 to discuss raising money for the families of suicide bombers (see October 1993). Wright had begun an investigation into Holy Land that same year, but he faced obstacles from higher-ups and eventually his investigation was shut down. [CBS News, 12/18/2002; New York Times, 7/28/2004] In 2004, the five Elashi brothers will be convicted of selling computer equipment overseas in violation of anti-terrorism laws. In 2005, three of the brothers, Ghassan, Basman, and Bayan Elashi, will be found guilty of supporting Hamas by giving money to Mazouk through 2001. [BBC, 7/8/2004; Associated Press, 4/13/2005] In July 2004, Ghassan Elashi will be charged again, along with four other former Holy Land officials. Two other Holy Land officials will also charged but not arrested, since they had recently left the country. Sen. Charles Schumer (D-NY) will state: “I wonder why this prosecution has taken so long. I think until recently we have not put the resources needed into tracking groups that finance terrorism, and the fact that they didn’t get 24-hour surveillance on these two who escaped is galling and perplexing.” [New York Times, 7/28/2004] In 2007, this court case will result in a mistrial, and be cast as a major setback for the Justice Department (see October 19, 2007).

Entity Tags: Charles Schumer, Bayan Elashi, Basman Elashi, Federal Bureau of Investigation, Ihsan Elashi, Mousa Abu Marzouk, John Ashcroft, Hazim Elashi, Ghassan Elashi, Nadia Elashi

Timeline Tags: Complete 911 Timeline

The 9/11 Commission releases a report on terrorism financing. Its conclusions generally stand in complete contrast to a great body of material reported by the mainstream media, before and after this report. For instance, while the report does mention some terrorism-supporting organizations in great detail, such as the Global Relief Foundation or Al Barakaat, many seemingly important organizations are not mentioned a single time in either this report or the 9/11 Commission Final Report. The Commission fails to ever mention: BMI, Inc., Ptech, Al Taqwa Bank, Holy Land Foundation, InfoCom, International Islamic Relief Organization, Muslim World League, Muwafaq (Blessed Relief) Foundation, Quranic Literacy Institute, and the SAAR network or any entity within it. Additionally, important efforts to track terrorist financing such as Vulgar Betrayal and Operation Greenquest are not mentioned a single time. [9/11 Commission, 7/24/2004, pp. 61; 9/11 Commission, 8/21/2004, pp. 134-5 pdf file] Some select quotes from the report:
bullet “While the drug trade was an important source of income for the Taliban before 9/11, it did not serve the same purpose for al-Qaeda. Although there is some fragmentary reporting alleging that bin Laden may have been an investor, or even had an operational role, in drug trafficking before 9/11, this intelligence cannot be substantiated and the sourcing is probably suspect.” Additionally, there is “no evidence of [al-Qaeda] drug funding after 9/11.” [9/11 Commission, 8/21/2004, pp. 22-23 pdf file]
bullet “[C]ontrary to some public reports, we have not seen substantial evidence that al-Qaeda shares a fund-raising infrastructure in the United States with Hamas, Hezbollah, or Palestinian Islamic Jihad.” [9/11 Commission, 8/21/2004, pp. 24 pdf file]
bullet “The United States is not, and has not been, a substantial source of al-Qaeda funding, but some funds raised in the United States may have made their way to al-Qaeda and its affiliated groups. A murky US network of jihadist (holy war) supporters has plainly provided funds to foreign mujaheddin with al-Qaeda links. Still, there is little hard evidence of substantial funds from the United States actually going to al-Qaeda. A CIA expert on al-Qaeda financing believes that any money coming out of the United States for al-Qaeda is ‘minuscule.’” [9/11 Commission, 8/21/2004, pp. 24 pdf file]
bullet The notion “that bin Laden was a financier with a fortune of several hundred million dollars” is an “urban legend.” “[S]ome within the government continued to cite the $300 million figure well after 9/11, and the general public still [incorrectly] gives credence to the notion of a ‘multimillionaire bin Laden.’” [9/11 Commission, 8/21/2004, pp. 20, 34 pdf file] (A few months after this report, it will be reported that in 2000 over $250 million passed through a bank account jointly controlled by bin Laden and another man (see 2000).)
bullet “To date, the US government has not been able to determine the origin of the money used for the 9/11 attacks.… Ultimately the question of the origin of the funds is of little practical significance.” [9/11 Commission, 8/21/2004, pp. 144 pdf file]
bullet “The US intelligence community has attacked the problem [of terrorist funding] with imagination and vigor” since 9/11. [New York Times, 8/22/2004]
bullet According to the New York Times, the report “largely exonerate[s] the Saudi government and its senior officials of long-standing accusations that they were involved in financing al-Qaeda terrorists.” [New York Times, 8/22/2004] Author Douglas Farah comments on the Commission’s report, “The biggest hole is the complete lack of attention to the role the Muslim Brotherhood has played in the financing of al-Qaeda and other radical Islamist groups. While the ties are extensive on a personal level, they also pervade the financial structure of al-Qaeda.… According to sources who provided classified briefing to the Commission staff, most of the information that was provided was ignored.… [T]he Commission staff simply did not include any information that was at odds with the official line of different agencies.” [Farah, 8/27/2004]

Entity Tags: Muwafaq Foundation, Vulgar Betrayal, Operation Greenquest, Osama bin Laden, Saudi Arabia, Quranic Literacy Institute, Palestinian Islamic Jihad, Muslim World League, SAAR Foundation, Muslim Brotherhood, Ptech Inc., InfoCom Corporation, Al-Qaeda, Al Taqwa Bank, 9/11 Commission, BMI Inc., Al Barakaat, Central Intelligence Agency, Douglas Farah, Holy Land Foundation for Relief and Development, International Islamic Relief Organization, Global Relief Foundation, Hamas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Judge Thomas Hogan holds New York Times reporter Judith Miller in contempt for refusing to answer a subpoena from the grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see August 12, 2004 and After). [Washington Post, 7/3/2007; Reporters Committee for Freedom of the Press, 11/19/2009] Hogan orders Miller jailed for up to 18 months after she informs him she will not answer questions from special counsel Patrick Fitzgerald about her conversations with officials. In turn, Hogan says Miller has no special right as a reporter to defy a subpoena in a criminal investigation. Hogan rules that he is satisfied Fitzgerald has exhausted other avenues of determining key information about the Plame Wilson identity leak, and that his questioning of journalists is a last resort rather than a “fishing expedition,” as the Times has argued. “The special counsel has made a limited, deferential approach to the press in this matter,” Hogan says. He goes on to note that journalists’ promise to protect their sources is outweighed by the government’s duty to investigate a serious crime. In a 1972 decision, the Supreme Court ruled that the First Amendment does not protect reporters called before a criminal grand jury. “We have a classic confrontation between conflicting interests,” Hogan says. Miller remains free on bond while the Times appeals his decision. After the ruling, Miller tells a group of reporters: “It’s really frightening when journalists can be put in jail for doing their job effectively. This is about all journalists and about all government officials who provide information on the promise of confidentiality. Without that, they won’t come forward, and the public won’t be informed.” Times executive editor Bill Keller says he is disturbed that Bush administration officials had been asked by their superiors in this case to sign waivers of confidentiality agreements with reporters (see January 2-5, 2004). “This is going to become all the rage in corporate and government circles,” he says. “It’s really spooky.” [CBS News, 10/7/2004; Washington Post, 10/8/2004]

Entity Tags: Judith Miller, Bill Keller, Thomas Hogan, Bush administration (43), Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Judge Thomas Hogan holds Time reporter Matthew Cooper in contempt for refusing to answer a subpoena from the grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see September 13, 2004). [Washington Post, 7/3/2007; Reporters Committee for Freedom of the Press, 11/19/2009]

Entity Tags: Thomas Hogan, Matthew Cooper

Timeline Tags: Niger Uranium and Plame Outing

Miller, Abrams, and Cooper speak to reporters during the Libby investigation.Miller, Abrams, and Cooper speak to reporters during the Libby investigation. [Source: Life magazine]Judith Miller, the New York Times reporter held in contempt for failing to obey a subpoena to testify before the Patrick Fitzgerald grand jury investigating the Plame Wilson identity leak (see October 7, 2004), tells her husband that she may go to jail. “Something bad is happening,” Miller tells Jason Epstein, her husband and a founder of the New York Review of Books. “I think I might be going to jail.” Epstein replies, “Going to jail—that can’t be right.” Miller says, “That is where this is going to lead.” Trying to lighten the mood, Epstein retorts, “Well, if that’s the case, get a lawyer from the Yellow Pages so it won’t cost so much.” Miller says she already has a lawyer, renowned First Amendment advocate Floyd Abrams. With another lawyer, Abrams had represented the Times in the Pentagon Papers case of 1971 (see June 15, 1971), and he helped to forge case law protecting journalists from being compelled to reveal their sources. Abrams is already representing another Times reporter, Philip Shenon, against Fitzgerald in the case of Shenon’s reporting on an FBI raid of two Muslim charities accused of supporting terrorism (see December 3-14, 2001). He is also defending two more Times reporters, James Risen and Jeff Gerth, in a privacy lawsuit filed by nuclear scientist Wen Ho Lee, who is accusing the reporters of inaccurate and defamatory reporting. And he is representing Time Magazine reporter Matthew Cooper, who is also facing a subpoena from the Fitzgerald investigation (see October 13, 2004). Abrams has asked Fitzgerald to steer clear of subpoenaing reporters such as Miller and Cooper, fearing the effect those subpoenas might have on investigative reporting if successful. Fitzgerald told Abrams that he had thought through the issue, and was prepared to compel their testimony through the entire judicial system. [Vanity Fair, 4/2006]

Entity Tags: New York Times, Floyd Abrams, Jason Epstein, Matthew Cooper, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

Eve Burton, the general counsel for the Hearst Corporation, says the success of the subpoenas and compelled testimony levied against reporters in the Plame Wilson identity leak investigation (see August 7, 2004, August 9, 2004, August 9, 2004, August 12, 2004 and After, August 24, 2004, September 13, 2004, September 15, 2004, October 7, 2004, October 13, 2004, December 2004, February 15, 2005, June 27, 2005, July 1, 2005, July 6, 2005, July 6, 2005, July 11, 2005, July 13, 2005, September 15, 2005, September 29, 2005, September 30, 2005, October 7, 2005, October 12, 2005, November 14, 2005, November 16-17, 2005, and January 20, 2006) has been chilling for reporters. She calls recent developments “troubling,” and continues, “From July to December [2005] we had 42 subpoenas, eight times the number we got in the same six-month period last year.” The language in all the court cases and filings “either invoke[s] the Plame case or they say that now all the rules have changed.” Burton blames the Bush Justice Department in part for the trend, saying: “It is clearly a political decision coming out of the Bush Justice Department to go after the press in this country. In our 42 subpoenas, they will come after anything and everything—B roll at the TV stations, for example. Basic general assignment reporting. A call will come in from the government: ‘I understand you took footage of Joe Blow!’ And the reporter at a station, usually inexperienced, will say, ‘No, we did not take any footage.’ Then we will end up having fights in court with the prosecutor about what constitutes a waiver.” The subpoenas at Hearst, Burton says, involve broadcast stations and newspapers all over the country. “Typically, it is non-published and confidential material” being subpoenaed, she says. “This is the danger of making the press the investigative arm for the government.” Burton and Hearst are fighting every subpoena, no matter how seemingly minor. Burton does not blame special prosecutor Patrick Fitzgerald as much as she blames the increasing lackadaisical attitude of the press itself. “The media has taken its responsibility to fight these subpoenas too loosely,” she says. “When we were fighting every single battle, we were doing better. Then we went through a time when we started to make deals. When you start making deals, you empower people to come after you. It is as simple as that.” [Vanity Fair, 4/2006]

Entity Tags: Eve Burton, Patrick J. Fitzgerald, US Department of Justice, Hearst Corporation

Timeline Tags: Niger Uranium and Plame Outing

In a setback for the Justice Department, a mistrial is declared in the government’s attempted prosecution of the Holy Land Foundation for Relief and Development (see 1989), a now-defunct Muslim charity that the government accused of sponsoring terrorism back in 2001. The mistrial was not the first verdict sent down; the judge originally announced a near-complete acquittal of Holy Land’s top officials on terrorist financing charges. However, three jurors stated in court that the verdict was incorrect, the judge sent the jury back into chambers for further deliberations. A mistrial of four Holy Land officials is declared after the jury declares itself locked, and a fifth official is declared innocent of all but one charge, where the jury again finds itself unable to render a verdict. The mistrials and acquittals are a blow to the Justice Department and the White House, both of which have billed the prosecution of Holy Land as the best efforts in years to secure a clear victory against terrorism. “It’s a major loss for the government,” says law professor Jonathan Turley, who has himself represented alleged terrorist financiers against the Justice Department. The case was never as solid as it was presented by government officials. In 2001, after Holy Land was declared a terrorist sponsor by the Bush administration and its funds were frozen (see February 19, 2000 and December 4, 2001), civil libertarians called the government’s definition of sponsorship of terrorism overly broad, and Holy Land fought back in court. In 2004, the government indicted Holy Land and its top leaders, leveling accusations that the charity and its officials had funnelled $12 million to the terrorist group Hamas through secondary charities (see October 1994-2001, May 12, 2000-December 9, 2004 and December 18, 2002-April 2005). A summary of wiretapped conversations between charity officials contained inflammatory anti-Semitic statements, which bolstered the government’s case in the public eye, but when the actual transcripts were examined, no such anti-Semitic statements could be found. And the government’s strategy of adding a long list of “unindicted co-conspirators” to its allegations against Holy Land, a list which includes many prominent Muslim organizations still legally operating inside the US, has caused many to accuse the government of conducting a smear campaign (see December 3-14, 2001 and August 21, 2004). While the Justice Department may well retry the case, the verdict, which seems to favor the defendants, “doesn’t bode well for the government’s prosecution” of this and other similar cases, says export controls lawyer Judith Lee. [US News and World Report, 10/22/2007]

Entity Tags: US Department of Justice, Jonathan Turley, Hamas, Judith Lee, Holy Land Foundation for Relief and Development, Bush administration (43)

Timeline Tags: Complete 911 Timeline

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