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Context of 'Summer 2000-September 11, 2001: Illegal FBI Activity Leads to Suspension of Surveillance of Al-Qaeda Suspects in US'

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

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

Timeline Tags: Complete 911 Timeline

FBI agent Robert Wright, apparently frustrated that his Vulgar Betrayal investigation is not allowed to criminally charge Hamas operative Mohammad Salah and Saudi multimillionaire Yassin al-Qadi, gets a court order to seize $1.4 million in bank accounts and the Chicago house Salah owns. Wright says in the suit that the money is linked directly to al-Qadi and would be destined for terrorist activities. Wright uses a civil forfeiture law that had been frequently used to seize properties and funds of drug dealers or gangsters, but had never been used for accused terrorists. Salah had living in Chicago since his release from an Israeli prison in November 1997. A highly detailed affidavit tracks wire transfers from the US and Switzerland to specific Hamas attacks in Israel. Al-Qadi’s money was deposited in bank accounts controlled by Salah, who is called an important courier and financial agent for Hamas. Then Salah invested the money in BMI Inc., a real estate investment firm with ties to many suspected terrorism financiers (see 1986-October 1999). Some of the money is eventually withdrawn by Salah, brought to the West Bank, and given to Hamas operatives there (see 1989-January 1993). Salah denies the charges and says all the transfers were for charitable causes. Al-Qadi also claims innocence. [New York Times, 6/14/1998; United Press International, 5/30/2002; Wall Street Journal, 12/6/2002] However, a federal judge agrees to the defendants’ request for a stay order, and the suit is said to “languish” in a Chicago federal court. The funds remain frozen and Salah continues to live in his house. [Wall Street Journal, 9/25/2001] During the summer of 2001, the government will negotiate with Salah to settle the civil case, according to court records. [Chicago Tribune, 8/22/2004] The Justice Department will even move ahead with plans to return $1.4 million that Wright had seized from al-Qadi. But the transfer will be set for October 2001, “and the 9/11 attacks came first, prompting wiser minds at Justice to quash the move.” [New York Post, 7/14/2004] But also, in 2000, the parents of a US teenager said to have been killed by a Hamas attack in Israel will sue Salah and others for damaged based on this investigation, and they will win the suit in 2004 (see May 12, 2000-December 9, 2004). The US government will finally arrest Salah in 2004, and will charge him for many of the same offenses described in this 1998 case (see August 20, 2004). As of the end of 2005, al-Qadi has not been charged of any crime.

Entity Tags: BMI Inc., Vulgar Betrayal, US Department of Justice, Al-Qaeda, Mohammad Salah, Hamas, Robert G. Wright, Jr.

Timeline Tags: Complete 911 Timeline

The FBI obtains a wiretap warrant to seize al-Qaeda-related e-mails under the Foreign Intelligence Surveillance Act (FISA), but experimental software malfunctions and an angry FBI agent is said to destroy all the e-mails collected. The Carnivore software, which was installed in Denver, collects e-mails not only from the target, but also from other people. The FBI technician is reportedly so upset when he discovers e-mails from people whose communications the FBI has no authorization to collect that he apparently deletes everything the FBI has gathered, including the e-mails from the target. However, the article that first reports this deletion also says the opposite: “A Justice Department official, speaking on condition of anonymity, said Tuesday night that the e-mails were not destroyed.” In either case, the Office of Intelligence Policy and Review (OIPR) at FBI headquarters, which deals with FISA warrants, is then informed and expresses its surprise it was not told the software was experimental before the warrant was issued. An FBI official will comment: “To state that [an OIPR official] is unhappy with [the FBI’s International Terrorism Operations Section] and the [Usama bin Laden] Unit would be an understatement of incredible proportions.” As the target’s e-mails have been destroyed in the FBI system, the FBI then wants a physical search warrant under FISA to go and collect the e-mails from the carrier. However, the OIPR insists on an explanation for the error before this can happen, and also demands an explanation for the problem, so the special FISA court can be notified. [Federal Bureau of Investigation, 4/5/2000; Associated Press, 5/28/2002] It is not known who was being monitored, though there are potential al-Qaeda Denver connections: in 1994, a bin Laden front began routing communications through Denver (see 1994), and a passport was stolen there in 1995 from a man who was later confused with one of the 9/11 hijackers (see 1995).

Entity Tags: Osama bin Laden, Office of Intelligence Policy and Review, Foreign Intelligence Surveillance Act, International Terrorism Operations Section, Usama bin Laden Unit (FBI), Al-Qaeda, Carnivore, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

The Foreign Intelligence Surveillance (FISA) Court implements new rules requiring any FBI employee who sees FISA-obtained materials or other FISA-derived intelligence to sign a certification acknowledging that the court’s approval is needed before the information is disseminated to criminal investigators. This comes after the FISA Court was informed that approximately 100 FISA applications submitted by the FBI had misrepresented how criminal and intelligence agents were working together in the Catcher’s Mitt program (see Summer 2000-September 11, 2001 and Summer-October 2000). The new rules also require that the CIA and NSA place a caveat on all FISA-derived intelligence sent to the bureau. In an effort to speed up inter-agency reporting, the NSA will reportedly go a step further, placing caveats on all information it sends to the FBI. The caveats warn that the information being sent might be FISA-derived and that an intelligence agent wishing to pass it to a criminal agent must first obtain assurance from the NSA that the intelligence is not FISA-derived. [US Department of Justice, 11/2004, pp. 37-38 pdf file]

Entity Tags: Foreign Intelligence Surveillance Court, National Security Agency, Federal Bureau of Investigation, Catcher’s Mitt, Foreign Intelligence Surveillance Act

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Imran Mandhai.Imran Mandhai. [Source: crimelibrary (.com)]The FBI in Florida investigates a group of Muslims it suspects of being terrorists, including an apparent associate of Mohamed Atta named Adnan Shukrijumah (see April-May 2001 and May 2, 2001). The investigation starts with the November 2000 Florida arrest of Turkish immigrant Hakki Aksoy, who is found to be in possession of instructions for making a car bomb. An FBI informer named Howard Gilbert enters the Darul Aloom mosque in Pembroke Pines (a town just north of Miami) to check out one of Aksoy’s associates, Imran Mandhai. Gilbert starts plotting with Mandhai and a friend of Mandai’s named Shuyeb Mossa Jokhan. [New Times Broward-Palm Beach, 8/1/2002; Miami New Times, 8/8/2002; USA Today, 6/15/2003] Gilbert is replaced by another FBI informant known as “Mohamed the bomb maker,” who agrees to wear a wire and testify in court. Mohamed and Mandhai drive around South Florida selecting local bomb targets including a National Guard armory, electrical substations, Jewish-owned businesses, the Israeli consulate in Miami, plus Mount Rushmore in the Midwest. Mandhai and Jokhan are unable to buy weapons themselves, but Gilbert, the first informant, had given Mandhai a copy of a bomb-making manual, and Mohamed, the second informant, shows Mandhai the range of guns and explosives he can provide. [Broward Herald, 5/29/2002; FrontPage Magazine, 10/27/2003; US Court of Appeals for the Eleventh Circuit: appeal, 7/2/2004 pdf file] The FBI interviews Mandhai and Jokhan in late spring 2001 and they acknowledge they are training for jihad. However, the FBI’s surveillance of them stops shortly after this. The FBI takes no action against them for a year, and then indicts them in May 2002. At the trial they are both found guilty; Mandhai receives twelve years and Jokhan five. It is unclear why the FBI acts in this way, although it is possibly related to a forced curtailment of electronic surveillance that is taking place at this time. In the summer of 2000, the bureau was ordered to shutdown certain wiretaps after an FBI official was found to have been misrepresenting petitions for taps on terror suspects (see Summer 2000-September 11, 2001). Coincidentally, after Gilbert and Mandhai develop a series of courses for potential recruits entitled “Skills Necessary for Jihad” in the spring of 2001, Mandhai prints them at the same Kinko’s copy shop in Hollywood that is used by Mohamed Atta and Hamza Alghamdi to buy their tickets for 9/11 (see August 25-September 5, 2001). [Broward Herald, 5/29/2002; Salon, 12/3/2002; USA Today, 6/15/2003]

Entity Tags: Imran Mandhai, Hakki Aksoy, Federal Bureau of Investigation, Adnan Shukrijumah, Shuyeb Mossa Jokhan, Howard Gilbert

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bassam Kanj.
Bassam Kanj. [Source: FBI]Bassam Kanj is killed in a battle in Lebanon. Kanj lived on and off in Boston for nearly 15 years, and was a friend of al-Qaeda operatives Nabil al-Marabh, Raed Hijazi, and Mohamad Kamal Elzahabi. All four of them fought together in Afghanistan in the late 1980s (see Late 1980s), then worked at the same Boston taxi company in the 1990s (see June 1995-Early 1999). In late 1998, Kanj left Boston for Lebanon where he apparently recruited a couple hundred people to take part in a rebellion to overthrow the Lebanese government. He is killed during a five day battle, along with 21 others. Two days after the battle, a Lebanese newspaper identifies him as an al-Qaeda operative who had received financial support from bin Laden. This leads to a renewed focus on him in the US. In February 2001, the Boston Globe will report, “The FBI is continuing to look at Kanj’s and Hijazi’s activities in the Boston area in hopes of learning more about their contacts inside bin Laden’s far-flung organization.” Michael Rolince, chief of international terrorism operations for the FBI, will tell the Globe that both men had a “higher station” than most in al-Qaeda, and will add, “We are still trying to sort out who played what role.” [Boston Globe, 2/5/2001] Presumably, this leads the FBI to take another look at Nabil al-Marabh, who had been roommates with both Hijazi and Kanj and is already wanted for a variety of al-Qaeda contacts. An individual matching al-Marabh’s description is even mentioned in a prominent New York Times story about al-Qaeda in January 2001. The article states, “In early 1997, Hijazi moved to Boston, where he had a friend from his years in Afghanistan.” [New York Times, 1/15/2001] Yet apparently there is no concerted effort to find al-Marabh, who will even be set free after being arrested trying to illegally enter the US (see June 27, 2001-July 11, 2001). The Boston FBI began investigating Elzahabi for militant ties in 1999, but lost track of him when he went to fight in Chechnya (see 1997 and 1999). But apparently he is not detected reentering the US shortly before 9/11 (see Mid-August 2001).

Entity Tags: Mohamad Kamal Elzahabi, Nabil al-Marabh, Federal Bureau of Investigation, Bassam Kanj, Michael Rolince, Raed Hijazi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Satam Al Suqami.Satam Al Suqami. [Source: FBI]In the wake of the foiled al-Qaeda plot to blow up hotels in Jordan during the millennium celebrations, Jordan gives tips to the US that launch a Customs investigation into one of the plotters, Raed Hijazi, and his US connections. “Customs agents for months traced money flowing from several Boston banks to banks overseas, where officials believe the funds were intended for bin Laden’s network.” In September and October 2000, Jordanian officials gave US investigators evidence of financial transactions connecting Raed Hijazi, Nabil al-Marabh, and future 9/11 hijacker Hamza Alghamdi (see September 2000; October 2000). By spring 2001, Custom agents further connect al-Marabh and Hijazi to financial deals with future 9/11 hijackers Ahmed Alghamdi and Satam Al Suqami. The Washington Post will later note, “These various connections not only suggest that investigators are probing ties between bin Laden and the hijackers, but also that federal authorities knew about some of those associations long before the bombings.” [Washington Post, 9/21/2001] It appears that the money flowed from al-Marabh to Alghamdi and Al Suqami. [Cox News Service, 10/16/2001; ABC News 7 (Chicago), 1/31/2002] While accounts of these connections to Alghamdi and Al Suqami will be widely reported in the media in the months after 9/11, a Customs Service spokesman will say he can neither confirm nor deny the existence of the inquiry. [New York Times, 9/18/2001] It appears that the two hijackers are not put on any kind of watch list and are not stopped when they arrive in the US on April 23, 2001, and May 2, 2001, respectively (see April 23-June 29, 2001). British newspapers will note that Alghamdi was one of several hijackers who should have been “instantly ‘red-flagged’ by British intelligence” but in fact is not when he passes through Britain sometime in early 2001 (see January-June 2001). The 9/11 Commission Final Report will fail to mention the Customs investigation and will give no hint that these hijackers’ names were known in the US before 9/11.

Entity Tags: Satam Al Suqami, Raed Hijazi, 9/11 Commission, Nabil al-Marabh, US Customs Service, Jordan, Ahmed Alghamdi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A surveillance program known as Catcher’s Mitt is curtailed, and ten to twenty al-Qaeda wiretaps, as well as some Hamas wiretaps, are not renewed. This follows the discovery of errors in applications for warrants under the Foreign Intelligence Surveillance Act (FISA) related to both al-Qaeda and Hamas and the introduction of new procedures (see Summer 2000-September 11, 2001, Summer-October 2000, October 2000, and March 2001). [New York Times, 9/19/2001; Newsweek, 5/27/2002; Newsweek, 3/29/2004] In addition, other similar programs such as Able Danger and Monarch Passage are shut down at the same time (see (February-March 2001) and January-March 2001).

Entity Tags: Al-Qaeda, Foreign Intelligence Surveillance Act, Catcher’s Mitt, Hamas

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Adnan Shukrijumah.Adnan Shukrijumah. [Source: FBI]Mohamed Atta, Adnan Shukrijumah, and another man go to the Miami District Immigration Office to request a visa extension for the third man, whose identity is not known but who is believed to be Ziad Jarrah. The man received only a six-month visa, while Atta received one for eight months after returning from Europe in January 2001 (see January 10, 2001). The inspector rejects the request, and instead decides that Atta was given an incorrect length of stay and rolls back his visa’s expiry date to July 9, 2001. Atta is quiet and polite throughout and even thanks her at the end, despite his visa having been shortened by two months. [9/11 Commission, 8/21/2004, pp. 22-3 pdf file]
Shukrijumah - After 9/11, both Mohamed Atta and Adnan Shukrijumah are identified by the immigration officer as two of the men who visited her office. Upon seeing Shukrijumah’s photo, she will say that she is “75 percent sure” it is him, and will provide a description that matches his profile. At this time, Shukrijumah is being investigated by the FBI and is thought to be a well-connected al-Qaeda operative (see November 2000-Spring 2002, (Spring 2001), April-May 2001, and March 21, 2003 and After). Atta and Marwan Alshehhi also attend a Florida mosque run by Shukrijumah’s father (see 2000-2001). An FBI informant sees both Atta and Adnan Shukrijumah at the mosque in early 2001, but he is unable to get close to them (see Early 2001).
Is Jarrah the Third Man? - The immigration officer will not be able to identify the third man. The 9/11 Commission will believe that he was Ziad Jarrah. Jarrah entered the US in January 2001 with a six-month tourist visa, left the States in February, and then returned as a business visitor with a visa for three and a half months (see March 30-April 13, 2001). Another reason to believe that this third man may have been Jarrah is that Atta and Jarrah are known to have been together on this date, for DMV records show that the two obtained drivers’ licenses later in the day. [9/11 Commission, 8/21/2004, pp. 40-1 pdf file]

Entity Tags: Mohamed Atta, Ziad Jarrah, Adnan Shukrijumah

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

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mike Maltbie and Rita Flack of the Radical Fundamentalist Unit (RFU) forward a request for a warrant to search Zacarias Moussaoui’s belongings (see August 21, 2001) to National Security Law Unit chief Spike Bowman. The request was submitted by the Minneapolis field office (see August 22-28, 2001), which has been trying to obtain a warrant for some time. Earlier in the day, Maltbie edited the request, removing information connecting Moussaoui to al-Qaeda through a rebel group in Chechnya (see August 28, 2001). RFU chief Dave Frasca was to attend the meeting, but is called away at the last minute. According to Bowman, who is already very familiar with the facts in this case, Maltbie is adamant that there is not enough evidence to issue the warrant. Bowman agrees, saying that the evidence fails to implicate Moussaoui as an agent of a foreign power. The FBI thus abandons the effort to obtain a FISA warrant and begins planning his deportation (see (August 30-September 10, 2001)). [US Department of Justice, 11/2004, pp. 164-6, 168 pdf file; US Department of Justice, 3/1/2006 pdf file]

Entity Tags: Rita Flack, Marion (“Spike”) Bowman, FBI Headquarters, FBI Minnesota field office, Radical Fundamentalist Unit, Michael Maltbie, National Security Law Unit

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two months after 9/11, the Toronto Sun will report, “[Canadian] and US police probing [Nabil] al-Marabh have learned he had a flurry of phone calls and financial transactions with [Mohamed] Atta and [Marwan] Alshehhi days before the attacks.” [Toronto Sun, 10/16/2001] Additionally, Canadian authorities will claim that in the days before 9/11, al-Marabh sends money through a Toronto bank account to at least three men who will later be arrested in the US for supporting roles in the 9/11 attacks. The names of the three men have not been released. At least $15,000 is sent to the men in the days before 9/11. A source close to the investigation will say, “There are several links between this man and others in the US. There was money going back and forth.” Thousands more will be withdrawn from suspicious accounts in the days after 9/11. [Toronto Sun, 10/4/2001; Toronto Sun, 10/5/2001] US intelligence also intercepts al-Marabh’s associates making post-9/11 phone calls praising the attacks. [Ottawa Citizen, 10/29/2001] Al-Marabh sent money on other occasions. For instance, in May 2001, he made at least 15 monetary transactions, mostly sending money transfers to the US from Toronto. In late June 2001, he transferred $15,000 to an account in the US. It has not been revealed who he sent these transfers to. [New York Times, 10/14/2001; Toronto Sun, 10/16/2001] A Canadian police source will say, “There were a lot of banking activities prior to the attacks. There was a lot of money being moved through accounts, but most were small amounts.” [Toronto Sun, 10/17/2001] Canadian officials will call al-Marabh a “bureaucratic terrorist,” who provided logistical support, funding, and other services to the hijackers. [Toronto Sun, 10/30/2001]

Entity Tags: Canada, Marwan Alshehhi, Mohamed Atta, Nabil al-Marabh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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