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Context of 'December 1994-January 1995: US Prosecutor Possibly Tells Ali Mohamed to Ignore Subpoena'

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Egyptian militants open fire on Egyptian President Anwar Sadat.
Egyptian militants open fire on Egyptian President Anwar Sadat. [Source: Public domain]Ali Mohamed is a major in the Egyptian army. He is highly educated, speaking several languages and possessing two bachelor’s degrees and a master’s degree. In 1981 he was taking part in a special program for foreign officers at the US Army Special Forces school at Fort Bragg, North Carolina, while soldiers with radical Islamic beliefs from his Egyptian army unit assassinated Egyptian President Anwar Sadat. He is forced to quit in early 1984 on suspicions of becoming too religious. He approaches the CIA in Egypt and volunteers to be a spy. The CIA accepts, and he makes contact in Germany with a branch of Hezbollah, the Middle Eastern militant group. The CIA has claimed that Mohamed secretly tells Hezbollah members that he is working with the CIA, but the CIA quickly discovers this. The CIA supposedly suspects he wanted to help Hezbollah spy on the CIA and cuts off all further ties with him and tries to stop him from coming to the US. [New York Times, 12/1/1998; San Francisco Chronicle, 11/4/2001; Wall Street Journal, 11/26/2001] But there will be claims that Mohamed then will come to the US through a secret CIA program. If true, this would cast doubt on the CIA’s account of their interaction with Mohamed (see September 1985).

Entity Tags: Hezbollah, Ali Mohamed, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Ali Mohamed, in one of the US military videos he helped create. In the lower picture, he is in the center, chairing a discussion on the Middle East with other US army officers.Ali Mohamed, in one of the US military videos he helped create. In the lower picture, he is in the center, chairing a discussion on the Middle East with other US army officers. [Source: US Army via CNN]Ali Mohamed enlists in the US Army and is posted to Fort Bragg, North Carolina. (He had taken part in a special program for foreign officers at Fort Bragg when he was a major in the Egyptian army in 1981 (see 1984)). He works first as a supply sergeant for a Green Beret unit, and then as an instructor at the John F. Kennedy Special Warfare School. Fort Bragg is no ordinary military base—one newspaper calls it the “US military’s top warfare planning center.” Mohamed will steal numerous top secret documents and pass them to al-Qaeda (see November 5, 1990). [San Francisco Chronicle, 11/4/2001; Raleigh News and Observer, 11/13/2001] Mohamed trains and lectures soldiers being deployed to the Middle East on the region’s culture and politics. He also produces and appears in training videotapes about the Middle East. In one tape, he asserts that devout Muslims are widely misunderstood. “The term of fundamentalism scares people in the West. Everybody when he hears fundamentalist, he thinks about armed struggle. He thinks about radicals. He thinks about groups that are carrying weapons. The word fundamentalism does not mean extremism. It means just that ordinary Muslims accept everything—that this is my way.” One of his supervisors is Col. Norvell De Atkine, who later will say of Mohamed, “I don’t think he was anti-American. He was what I would call a Muslim fundamentalist, which isn’t a bomb thrower. I would not put him in that category.” [New York Times, 10/30/1998] De Atkine is an expert on the Middle East and on the political aspects of military operations. In one of his articles he will praise the propaganda preparation for the Gulf War. [American Diplomacy, 1999] De Atkine will also contribute articles to Middle East Forum, an aggressively neoconservative and pro-Israeli journal edited by Daniel Pipes. One of these, a denunciation of leftist and Arab influences in academia, will be written together with Pipes. [Academic Questions, 1995]

Entity Tags: Norvell De Atkine, Ali Mohamed

Timeline Tags: Complete 911 Timeline

1990: Ali Mohamed Becomes Informant for FBI

Ali Mohamed, an al-Qaeda operative recently discharged from the US army (see November 1989), becomes an informant for the FBI. He applies to be an translator at FBI offices in Charlotte, North Carolina, and San Francisco, and is turned down. However, the San Francisco office hires him to be an informant to help expose a local document forging conspiracy that possibly involves members of Hamas. [Miller, Stone, and Mitchell, 2002, pp. 144] Mohamed will continue to have connections with the FBI for much of the rest of the 1990s while also running an al-Qaeda cell in California.

Entity Tags: Ali Mohamed, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Bin Laden moves his base of operations from Afghanistan to Sudan (see Summer 1991), and asks US-al-Qaeda double agent Ali Mohamed to assist in the move. The New York Times will later report that US officials claim, “this was a complex operation, involving the transfer through several countries of Mr. bin Laden and at least two dozen of his associates.” Mohamed also stays busy frequenting mosques in the US, apparently recruiting operatives for al-Qaeda. [New York Times, 12/1/1998; Washington File, 5/15/2001] Ihab Ali Nawawi, an al-Qaeda operative based in Florida, helps Mohamed with the move. [Lance, 2006, pp. 123]

Entity Tags: Ihab Ali Nawawi, Osama bin Laden, Ali Mohamed

Timeline Tags: Complete 911 Timeline

In the wake of his detention in Canada (see June 16, 1993), double agent Ali Mohamed is interviewed by the FBI and volunteers the earliest publicly known insider description of al-Qaeda. Mohamed is working as an FBI informant on smugglers moving illegal immigrants from Mexico to the US. FBI agent John Zent, Mohamed’s handler, interviews him in the FBI San Francisco office after having helped release him from Canadian custody. [New York Times, 10/31/1998; Lance, 2006, pp. 125, 130] Mohamed says that bin Laden is running a group called “al-Qaeda.” Apparently, this is the first known instance of the FBI being told of that name, though it appears the CIA was aware of the name since at least 1991 (see February 1991). Mohamed claims to have met bin Laden and says bin Laden is “building an army” that could be used to overthrow the Saudi Arabian government. He admits that he has trained radical militants at bin Laden’s training camps in Sudan and Afghanistan. He says he taught them intelligence and anti-hijacking techniques. Mohamed apparently is given a polygraph test for the first time, and fails it (see 1992). However, he denies links to any criminal group or act. An FBI investigator later will say, “We always took him seriously. It’s just he only gave us 25 percent of what was out there.” In addition to his Canadian detention, the FBI is also interested in Mohamed because his name had surfaced in connection with the Al-Kifah Refugee Center as part of the 1993 World Trade Center bombing investigation. [New York Times, 12/1/1998; San Francisco Chronicle, 11/4/2001; Wall Street Journal, 11/26/2001; Chicago Tribune, 12/11/2001] By the time this interview takes place, investigators looking into the World Trade Center bombing earlier in the year have already determined that top secret US military training manuals found in the possession of assassin El-Sayyid Nosair (see November 5, 1990) must have been stolen by Mohamed from the US army base where he had been stationed (see Spring 1993). Yet Mohamed is not arrested, though he is monitored (see Autumn 1993). New Yorker magazine will later note, “inexplicably, [the contents of the FBI’s] interview never found its way to the FBI investigators in New York.” [New Yorker, 9/9/2002]

Entity Tags: Osama bin Laden, Ali Mohamed, Al-Qaeda, John Zent, Federal Bureau of Investigation, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

At some point not long after Ali Mohamed is interviewed by the FBI in the autumn of 1993, the US government begins tracking his movements and monitoring his phone calls. Eventually, this surveillance will lead US investigators to the al-Qaeda cell in Nairobi, Kenya (see Late 1994). It is not clear which governmental agency does this. Meanwhile, he continues to have periodic contact with the FBI. They are especially interested in what he knows about bin Laden, as bin Laden’s importance becomes increasingly evident. [New York Times, 12/1/1998]

Entity Tags: Ali Mohamed, Osama bin Laden, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Imad Mugniyah.
Imad Mugniyah. [Source: FBI]In February 1994, double agent Ali Mohamed goes to Sudan and trains Osama bin Laden’s bodyguards (see February 4-5, 1994 and Shortly Afterwards). While there, Mohamed arranges security for a meeting between bin Laden and Imad Mugniyah, the security chief for the Lebanese militant group Hezbollah who is said to have directed the 1983 bombing of the US Marine barracks in Beirut, Lebanon (see April 18-October 23, 1983). Bin Laden and Mugniyah are said to discuss upcoming operations. Mugniyah is believed to be involved in the hijacking of an Air India jet in 1999 where passengers will be exchanged for three militants in Indian prisons, including Saeed Sheikh, who will be the paymaster for 9/11 (see December 24-31, 1999). Mohamed will later claim in court that Hezbollah subsequently provided explosives training for al-Qaeda and Islamic Jihad. [Los Angeles Times, 10/21/2000; Raleigh News and Observer, 10/21/2001; Chicago Tribune, 12/11/2001; LA Weekly, 5/24/2002] A number of al-Qaeda operatives train with Hezbollah in Lebanon after this meeting (see Mid-1990s). Dan Benjamin and Steve Simon, director and senior director of the National Security Council’s counterterrorism team, will later write that “The meeting between the two preeminent terrorists of the era reportedly did take place, and there was an agreement to cooperate. But there the record ends; there is little evidence that a long-term bond between the Sunni and Shiite groups was ever formed.” [Benjamin and Simon, 2005, pp. 128] Mohamed will return to the US after an FBI agent phones him and asks to speak to him about an upcoming trial (see December 9, 1994).

Entity Tags: Patrick J. Fitzgerald, Imad Mugniyah, Ali Mohamed, Daniel Benjamin, Hezbollah, Al-Qaeda, Steve Simon, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Andrew McCarthy.Andrew McCarthy. [Source: Front Page Magazine]In December 1994, defense attorney Roger Stavis is preparing to defend his client El Sayyid Nosair in the upcoming landmarks trial. He discovers the top secret US military training manuals found in Nosair’s house and begins investigating Ali Mohamed, the US soldier (and double agent) who stole the manuals and gave them to Nosair. Stavis wants to defend Nosair on the basis that since Nosair was trained by Mohamed, who worked for the CIA and US military, the US government should share culpability for Nosair’s crimes. He writes up a subpoena for Mohamed. Stravis later recalls, “I wanted him. And I tried everything to find him.” But Mohamed has disappeared and not even his wife in California knows where he is. However, US intelligence is secretly monitoring him (see Autumn 1993) and they know he is in Kenya. An FBI agent calls him there and tells him to come back to be interviewed. Mohamed immediately returns to the US and on December 9 he is interviewed by FBI agent Harlan Bell and Assistant US Attorney Andrew McCarthy, one of the prosecutors for the upcoming trial (see December 9, 1994). Mohamed stays in touch after the interview, for instance talking to McCarthy on the phone on December 22. But when the trial starts on January 30, 1995, Stavis is told that Mohamed cannot be found and never responded to the subpoena. In 1999, Ibrahim El-Gabrowny, Nosair’s cousin, will find himself in a jail cell next to Mohamed. El-Gabrowny will later allege that he asked why Mohamed never showed up in court to support Nosair. Mohamed supposedly responds that he did get the subpoena, but that McCarthy advised him to ignore it and not testify and that McCarthy would cover up for him. Had Mohamed testified, McCarthy would have had a more difficult time getting a conviction, and the revelations of Mohamed’s ties to the CIA, FBI, and US military would have been highly embarrassing. Author Peter Lance will later note also that had Mohamed testified in the high profile trial, he would have become too well known to continue working as an informant and double agent. [Lance, 2006, pp. 171-178]

Entity Tags: Roger Stavis, Peter Lance, Harlan Bell, Ali Mohamed, Andrew McCarthy, Ibrahim El-Gabrowny, El Sayyid Nosair, Khaled Abu el-Dahab

Timeline Tags: Complete 911 Timeline

Prosecutors in the “Landmarks” bombing trial want to speak with Ali Mohamed. FBI agents, working through an intermediary, track him to an al-Qaeda safe house in Nairobi. Mohamed will later testify in US court: “In late 1994, I received a call from an FBI agent who wanted to speak to me about the upcoming trial of United States vs. Abdul Rahman. I flew back to the United States, spoke to the FBI, but didn’t disclose everything that I knew.” [Washington File, 5/15/2001; Wall Street Journal, 11/26/2001; 9/11 Commission, 6/16/2004] FBI agent Harlan Bell conducts the interview in the presence of Assistant US Attorney Andrew McCarthy, a prosecutor for the upcoming trial. Mohamed tells them that he is working in Kenya in the scuba diving business, when in fact he is helping the al-Qaeda cell there. He also says he went to Pakistan in 1991 to help Osama bin Laden move from Afghanistan to Sudan (see Summer 1991). Despite admitting this tie to bin Laden, there will apparently be no repercussions for Mohamed, aside from his name appearing on the trial’s unindicted co-consipirators list (see February 1995). [Lance, 2006, pp. 173-174] He will not appear at the trial, and it will be alleged that McCarthy told him to ignore a subpoena and not testify (see December 1994-January 1995). Mohamed will recall that after the interview, “I reported on my meeting with the FBI to [al-Qaeda leader Mohammed Atef] and was told not to return to Nairobi.” [Washington File, 5/15/2001]

Entity Tags: Mohammed Atef, Osama bin Laden, Harlan Bell, Andrew McCarthy, Al-Qaeda, Federal Bureau of Investigation, Ali Mohamed

Timeline Tags: Complete 911 Timeline

Sections of the unindicted co-consiprator list for the “Landmarks” plot trial. Osama bin Laden is 95 and Ali Mohamed is 109.Sections of the unindicted co-consiprator list for the “Landmarks” plot trial. Osama bin Laden is 95 and Ali Mohamed is 109. [Source: National Geographic]In February 1995, the US government files a confidential court document listing bin Laden and scores of other people as possible co-conspirators in the 1993 New York City “Landmarks” plot (see June 24, 1993). Ali Mohamed’s name is on the list, confirming that investigators are aware of his involvement in al-Qaeda operations. Yet he continues to live openly in California. Mohamed obtains the document, though it is not clear how he obtained it. [9/11 Commission, 6/16/2004; 9/11 Commission, 7/24/2004, pp. 472] US prosecutor Patrick Fitzgerald will later state that when Mohamed’s California residence is finally searched in 1998 (see August 24, 1998), investigators discover “a sensitive sealed document from the trial of Sheik Omar Abdul Rahman with notations indicating that [he sent it] to the head of the Kenyan al-Qaeda cell for delivery to bin Laden. I shudder to think of the people who may read this statement and where it may be found some day.” [9/11 Commission, 6/16/2004] A later government indictment will say that Mohamed sent the list to Wadih El-Hage in Kenya who was told to hand deliver it to bin Laden in Afghanistan. [Washington Post, 8/1/1999] If that is not enough to prove Mohamed’s duplicity, when El-Sayyid Nosair is defended in this trial, Nosair’s lawyers will expose more evidence about Mohamed. They argue that Nosair’s activities were part of a US-sponsored covert operation to train and arm the mujaheddin. They argue that Mohamed was the key link in this operation, and present evidence and witnesses showing how Mohamed trained the bomb plotters in 1989 (see July 1989). They mention the classified military manuals that Mohamed stole and gave the group (see November 5, 1990). Mohamed’s name and role in these activities come out publicly during the trial, and the Washington Post reports in 1998 that after hearing this testimony,“the FBI began to focus on Mohamed as a potential terrorism suspect.” Yet both US intelligence and al-Qaeda apparently continue to work with him. [New York Times, 10/30/1998; New York Times, 10/31/1998]

Entity Tags: Wadih El-Hage, Patrick J. Fitzgerald, Osama bin Laden, United States, Ali Mohamed, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

A Boston Globe article publicly exposes Ali Mohamed, calling him “a shadowy individual described by defense attorneys as a key figure in the largest terrorism trial in US history.” The trial is the prosecution of Sheikh Omar Abdul-Rahman and others for the 1993 “Landmarks” bombing plot (see June 24, 1993). The Globe article notes that Mohamed was in the US Special Forces and connects him to both Abdul-Rahman’s radical militant group and the CIA. A senior US official claims that Mohamed’s “presence in the country is the result of an action initiated by [the CIA].” The article further states, “Senior officials say Mohamed, who is of Egyptian origin, benefited from a little known visa-waiver program that allows the CIA and other security agencies to bring valuable agents into the country, bypassing the usual immigration formalities. Intelligence sources say that waivers are controlled by the CIA’s Department of Operations, the clandestine side of the agency, and have been used ‘sparingly’ in recent years. Waivers are generally used to bring into the country people who have served the agency in sensitive positions overseas. They come here, an intelligence officer said, because they fear for their lives, have been promised asylum in return for cooperation, or need to be debriefed after an operation.” According to the article, “Mohamed dropped out of sight several years ago, and his whereabouts remain unknown.” But in fact, the FBI interviewed him three months earlier and remains aware of his whereabouts (see December 9, 1994). Mohamed will continue to work with al-Qaeda despite this exposure. [Boston Globe, 2/3/1995]

Entity Tags: Central Intelligence Agency, Omar Abdul-Rahman, Ali Mohamed

Timeline Tags: Complete 911 Timeline

Defense counsel for El Sayyid Nosair, one of the militants accused in the “Landmarks” bomb plot (see June 24, 1993) along with the “Blind Sheikh,” Sheikh Omar Abdul Rahman, applies for a missing witness instruction for double agent Ali Mohamed. The counsel, Roger Stavis, believes that it would benefit his client to have Mohamed testify, because Mohamed worked for militants connected to Abdul-Rahman as well as the FBI (see 1990), CIA (see 1984), and US army (see 1986). Therefore, Stavis might be able to use Nosair’s connection with Mohamed to convince the jury that Nosair was acting on the instructions of an agent of the US government. Stavis has been attempting to contact Mohamed with no success for some time, although the prosecution is in contact with him where he lives in California (see December 1994-January 1995). Under federal law, a trial judge can give a missing witness instruction if one party at a trial wants a witness to testify but cannot find him, whereas the other party can find him but does not seem to want him to testify. Based on such an instruction, the jury can then decide that the party that could find him, but did not get him to testify, did so deliberately because it thought the testimony would be damaging to it. Author Peter Lance will later comment that, given the circumstances, “Stavis had every right to expect that jury charge,” but Judge Michael Mukasey merely responds, “I don’t think a missing witness charge on that gentleman is warranted and I am not going to give one.” Lance will comment that by failing to grant the missing witness instruction, Mukasey helps “bury the significance” of Mohamed, and conceal his role in Islamic militancy from the public. [Lance, 2006, pp. 208; Raw Story, 9/25/2007] President Bush will later appoint Mukasey to be the US attorney general (see November 8, 2007).

Entity Tags: Michael Mukasey, El Sayyid Nosair, Peter Lance, Roger Stavis, Ali Mohamed

Timeline Tags: Complete 911 Timeline

FBI agent Jack Cloonan is given the task of building a file on double agent Ali Mohamed. Mohamed is living openly in California and has already confessed to working for al-Qaeda (see May 1993). He has been monitored since 1993 (see Autumn 1993). [Lance, 2006, pp. 138] Cloonan is part of Squad I-49, a task force made up of prosecutors and investigators that begins focusing on bin Laden in January 1996 (see January 1996). Mohamed has been an informant for FBI agents on the West Coast of the US (see 1992 and June 16, 1993), though when he stops working with them exactly remains unknown. Cloonan and other US officials will have dinner with Mohamed in October 1997 (see October 1997), but Mohamed will not be arrested until after the 1998 African embassy bombings (see September 10, 1998).

Entity Tags: Ali Mohamed, Jack Cloonan, I-49

Timeline Tags: Complete 911 Timeline

In February 1997, Wadih El-Hage, Osama bin Laden’s former personal secretary now living in Kenya and working on an al-Qaeda bomb plot, goes to Afghanistan and visits bin Laden and al-Qaeda leader Mohammed Atef (see February 7-21, 1997). He returns to Kenya with a seven-page report from Atef, al-Qaeda’s military commander, that details al-Qaeda’s new ties to the Taliban. Atef writes: “We wish to put our Muslim friends in the picture of the events, especially that the media portrayed an untrue image about the Taliban movement. Our duty towards the movement is to stand behind it, support it materially and morally.” On February 25, 1997, El-Hage faxes the report to some associates with the suggestion that it be shared with the “brothers in work.” US intelligence is monitoring El-Hage’s phone and learns the contents of the fax and whom it is sent to. The fax is sent to:
bullet Ali Mohamed, the US-al-Qaeda double agent living in California. Mohamed has already been under surveillance since 1993 for his al-Qaeda ties (see Autumn 1993). He will not be arrested until one month after the 1998 African embassy bombings (see September 10, 1998).
bullet Ihab Ali Nawawi, an apparent al-Qaeda operative living in Orlando, Florida. It is not known if Nawawi is monitored after this, but communications between him, Mohamed, and El-Hage are discovered in January 1998 (see January 1998). He will not be arrested until May 1999 (see May 18, 1999).
bullet Farid Adlouni. He is a civil engineer living in Lake Oswego, Oregon. In 1996 and 1997, El-Hage calls Adlouni in Oregon 72 times, sometimes just before or after meeting with bin Laden. Later in 1997, Adlouni’s home phone and fax numbers will be found in two personal phone directories and one notebook kept by El-Hage (see Shortly After August 21, 1997). Records show that El-Hage has extensive dealings with Adlouni, mostly by selling gems El-Hage bought in Africa for a better price in the US. The FBI interviews Adlouni twice in late 1997, but he is not arrested. As of 2002, it will be reported that he continues to live in Oregon and remains a “person of interest” and subject of investigation by the FBI.
bullet Other copies of the fax are sent to associates in Germany, but they have not been named. Apparently these contacts do not result in any arrests, as there are no known arrests of al-Qaeda figures in Germany in 1997. [Oregonian, 9/13/2002]

Entity Tags: Mohammed Atef, Al-Qaeda, Ali Mohamed, Ihab Ali Nawawi, Taliban, Wadih El-Hage, Osama bin Laden, Farid Adlouni

Timeline Tags: Complete 911 Timeline

The FBI installs a wiretap in double agent Ali Mohamed’s computer (the FBI has been monitoring his phone since 1993 (see Autumn 1993 and Late 1994)). According to FBI agent Jack Cloonan, “The Sacramento [FBI] office did a wonderful job of getting into his apartment, wiring it up, and exploiting his computer. So we were able to download a lot of stuff.” [Lance, 2006, pp. 276] Not much is known about what is on his computer, but a 2001 trial will mention that Wadih El-Hage, head of the cell in Kenya planning the African embassy bombings (see Between October 1997 and August 7, 1998), sent Mohamed a computer file about the death of al-Qaeda leader Abu Ubaidah al-Banshiri by drowning in Kenya in May 1996 (see May 21, 1996). [Lance, 2006, pp. 297-298] Journalist Peter Lance believes that, given Mohamed’s apparent foreknowledge of the embassy bombings, the computer probably contained references to that operation. In his book Triple Cross, he asks, “If [US agents] now had access to Mohamed’s phone and hard disk, why didn’t they come to understand his role as a key player in the embassy bombing plot?… If their motive was to lie in wait—to monitor his phone calls and e-mail traffic—why didn’t that surveillance put them right in the middle of the embassy plot?” [Lance, 2006, pp. 276]

Entity Tags: Wadih El-Hage, Federal Bureau of Investigation, Jack Cloonan, Abu Ubaidah al-Banshiri, Ali Mohamed

Timeline Tags: Complete 911 Timeline

Michael Mukasey.Michael Mukasey. [Source: US Department of Justice]After two months of controversy, and a round of sporadically contentious Senate confirmation hearings, former judge Michael Mukasey narrowly wins the Senate’s approval to become the next attorney general, by an almost-party line 53-40 vote. Musakey replaces Alberto Gonzales, who resigned under fire in September 2007. Many Democrats vote against Mukasey because of his refusal to categorize the interrogation technique of waterboarding as torture, and his refusal to say that he would oppose President Bush’s insistence on eavesdropping on US citizens. Some Democrats took comfort in Mukasey’s characterization of waterboarding as “repugnant,” but others were not pleased by his refusal to say that the practice constitutes torture. Two key Democrats on the Senate Judiciary Committee, Charles Schumer (D-NY) and Dianne Feinstein (D-CA) refused to block Mukasey from going to the Senate for a confirmation vote. Both indicated that they reluctantly supported Mukasey’s nomination because the Justice Department needs an immediate infusion of leadership—Schumer called the department “adrift and rudderless” and in need of “a strong and independent leader”—and they feared if Mukasey was not confirmed, President Bush would put someone worse in the position as an interim appointment. [CNN, 11/8/2007] Schumer says he eventually decided to vote for Mukasey after the judge said “if Congress passed further legislation in this area, the president would have no legal authority to ignore it and Judge Mukasey would enforce it.” But Schumer’s colleague, Ted Kennedy (D-MA), is unimpressed. “Enforcing the law is the job of the attorney general,” Kennedy says. “It’s a prerequisite—not a virtue that enhances a nominee’s qualifications.” Ben Cardin (D-MD) wonders just how far, and how specifically, Congress will have to go to outlaw torture. He asks, “Are we going to have to outlaw the rack because there’s a question whether the rack is torture in this country?” [National Public Radio, 11/7/2007] Arlen Specter (R-PA), the committee’s ranking Republican, calls Mukasey “ethical, honest [and] not an intimate of the president.” [CNN, 11/8/2007] Mukasey is quietly sworn in only hours after winning the Senate vote. [National Public Radio, 11/9/2007] All four Democratic senators running for president—Hillary Clinton (D-NY), Barack Obama (D-IL), Joseph Biden (D-DE), and Christopher Dodd (D-CT)—have said they oppose Mukasey’s nomination. Obama calls Mukasey’s refusal to label waterboarding as torture “appalling,” and notes that Mukasey’s belief that the president “enjoys an unwritten right to secretly ignore any law or abridge our constitutional freedoms simply by invoking national security” disqualify him for the position. The other candidates make similar statements. [Fox News, 10/30/2007] However, none of them actually show up to cast their vote for or against Mukasey. John McCain (R-AZ), another senator running for president, also does not vote. [Associated Press, 11/8/2007] Three days after Mukasey’s confirmation, the New York Times writes a blistering editorial excoriating both the Bush administration and the compliant Senate Democrats for allowing Mukasey to become attorney general (see November 11, 2007).

Entity Tags: US Department of Justice, Senate Judiciary Committee, Michael Mukasey, Richard (“Dick”) Cheney, George W. Bush, Dianne Feinstein, Edward M. (“Ted”) Kennedy, Alberto R. Gonzales, Geneva Conventions, Arlen Specter, Charles Schumer, Ben Cardin, New York Times

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

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