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Context of 'September 28 - October 5, 2003: Maher Arar Returns to Palestine Branch Prison'

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A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Timeline Tags: Civil Liberties

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

With the arrival of the first Americans at Diego Garcia, the largest atoll of the Chagos Archipelago, the island’s remaining residents are told they must leave. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Recalling the massive forced relocation, Marcel Moulinie, the manager of a coconut plantation on the island, tells CBS 60 minutes in 2003 that he was ordered to ship the people out. “Total evacuation. They wanted no indigenous people there,” Marcel Moulinie explains. “When the final time came and the ships were chartered, they weren’t allowed to take anything with them except a suitcase of their clothes. The ships were small and they could take nothing else, no furniture, nothing.” To make it clear to residents that there would be no compromise, Sir Bruce Greatbatch, governor of the Seychelles, orders the killing of the Chagossians’ pets, which are rounded up into a furnace and gassed with exhaust fumes from American military vehicles. [CBS News, 6/13/2003; CNN, 6/18/2003; ZNet, 10/22/2004] “They put the dogs in a furnace where the people worked,” Lisette Talatte, a Chagossian, will later tell investigative journalist John Pilger. “[W]hen their dogs were taken away in front of them our children screamed and cried.” [ZNet, 10/22/2004] Marie Therese Mein, another Chagossian, later says US officials threatened to bomb them if they did not leave. [Self-Determination News, 1/28/2002; ZNet, 10/22/2004] And the Washington Post interviews one man in 1975 who says he was told by an American official, “If you don’t leave you won’t be fed any longer.” [Washington Post, 9/9/1975] The Chagossians are first shipped to the nearby islands of Peros Banhos and Salomon and then 1,200 miles away to Mauritius and the Seychelles. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Before the eviction, the Chagossians were employed, grew their own fruit and vegetables, raised poultry and ducks, and fished. [Sunday Times (London), 9/21/1975; Self-Determination News, 1/28/2002; British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003] On the island of Diego Garcia, there was a church, a school as well as a few stores. [Sunday Times (London), 9/21/1975] But now, after being removed from their homes and dumped into foreign lands without compensation or resettlement assistance, they are forced to live in poverty. [CBS News, 6/13/2003; CNN, 6/18/2003] The uprooted Chagossians find shelter in abandoned slums, which have no water or electricity. [Sunday Times (London), 9/21/1975; Church Times, 1/7/2005] Many commit suicide during and after the eviction campaign. [ZNet, 10/22/2004] Lisette Taleti loses two of her children. [Guardian, 5/12/2006] Describing the plight of the Chagossians at this time, the British High Court writes in 2003: “The Ilois [Chagossians] were experienced in working on coconut plantations but lacked other employment experience. They were largely illiterate and spoke only Creole. Some had relatives with whom they could stay for a while; some had savings from their wages; some received social security, but extreme poverty routinely marked their lives. Mauritius already itself experienced high unemployment and considerable poverty. Jobs, including very low paid domestic service, were hard to find. The Ilois were marked by their poverty and background for insults and discrimination. Their diet, when they could eat, was very different from what they were used to. They were unused to having to fend for themselves in finding jobs and accommodation and they had little enough with which to do either. The contrast with the simple island life which they had left behind could scarcely have been more marked.”

Entity Tags: Sir Bruce Greatbatch, Chagossians, Marcel Moulinie, Marie Therese Mein, Lisette Talatte

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Following the revelations of the Church Committee’s investigation into the excesses of the CIA (see April, 1976), and the equally revealing New York Times article documenting the CIA’s history of domestic surveillance against US citizens for political purposes (see December 21, 1974), Congress passes the Foreign Intelligence Surveillance Act (FISA). In essence, FISA prohibits physical and electronic surveillance against US citizens except in certain circumstances affecting national security, under certain guidelines and restrictions, with court warrants issued by the Foreign Intelligence Surveillance Court (FISC), operating within the Department of Justice as well as with criminal warrants. FISA restricts any surveillance of US citizens (including US corporations and permanent foreign residents) to those suspected of having contact with “foreign powers” and terrorist organizations. FISA gives a certain amount of leeway for such surveillance operations, requiring that the administration submit its evidence for warrantless surveillance to FISC within 24 hours of its onset and keeping the procedures and decisions of FISC secret from the public. [Electronic Frontier Foundation, 9/27/2001; Legal Information Institute, 11/30/2004] On September 14, 2001, Congress will pass a revision of FISA that extends the time period for warrantless surveillance to 72 hours. The revision, part of the Intelligence Authorization Act of 2002, will also lower the standard for the issuance of wiretap warrants and make legal “John Doe,” or generic, warrants that can be used without naming a particular target. FISA revisions will also expand the bounds of the technologies available to the government for electronic and physical surveillance, and broaden the definitions of who can legally be monitored. [US Senate, 9/14/2001; Senator Jane Harman, 2/1/2006]

Entity Tags: Foreign Intelligence Surveillance Court, New York Times, Foreign Intelligence Surveillance Act, US Department of Justice, Church Committee

Timeline Tags: Civil Liberties

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

State Department intern Richard Barlow.State Department intern Richard Barlow. [Source: Richard Barlow]Richard Barlow, an intern at the State Department’s Arms Control and Disarmament Agency (ACDA), finds that Pakistan has been attempting to build a nuclear bomb since the early 1970s, but his superiors do not follow up and he loses his job in a reorganization. Barlow, who has recently graduated from university after writing a thesis on counter-proliferation intelligence, is concerned about the burgeoning black markets in nuclear weapons technology. He will later comment, “Everywhere I looked I kept coming up against intelligence about Pakistan’s WMD program. I thought I was telling them what they needed to hear, but the White House seemed oblivious.” One reason the White House appears deaf is that Pakistan is now an important US ally, as it is a major supply point for the CIA-backed anti-Soviet Afghan mujaheddin. In addition, a group of “Republican hawks,” including Paul Wolfowitz, has convinced President Ronald Reagan that America needs a new strategy against potential nuclear threats, since long-term policies such as détente and containment are supposedly not working. When Reagan starts to build up US arms, the staff at ACDA is cut by a third and Barlow is one of the employees who loses his job. [Guardian, 10/13/2007]

Entity Tags: US Department of State, Ronald Reagan, Paul Wolfowitz, Richard Barlow, Arms Control and Disarmament Agency

Timeline Tags: A. Q. Khan's Nuclear Network

In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]

Timeline Tags: Civil Liberties

The DC Court of Appeals rejects a claim by civilian plaintiffs to force the government to disclose classified information as part of a lawsuit, citing the “state secrets” privilege (see March 9, 1953). Furthermore, the court broadens the definition of “state secrets” to include “disclosure of intelligence-gathering methods or capabilities and disruption of diplomatic relations.” [Siegel, 2008, pp. 197]

Timeline Tags: Civil Liberties

USS ‘Stark’ after being struck by Iraqi missile.USS ‘Stark’ after being struck by Iraqi missile. [Source: US Department of Defense]Two missiles from an Iraqi F-1 Mirage warplane strike the USS Stark, killing 37 of the sailors aboard. The frigate is a member of a US naval task force sent to the Persian Gulf to keep the Gulf open for shipping during the Iran-Iraq War. The Iraqi fighter locks weapons on the Stark three minutes before firing; the commander of the ship refuses to issue the standard “back off” warning to the Iraqi pilot. The first missile bores deep into the ship but fails to explode; the second missile explodes, incinerating the crew’s quarters, the radar room, and the combat information center. The ship burns for two days. [PBS, 2000; Peniston, 2006, pp. 61-63]
Diverting Blame onto Iran - The Pentagon later claims that the Stark indeed warned the fighter pilot not to approach. Iraq quickly apologizes for the attack. The US continues to patrol the Gulf, and continues its program of re-registering Kuwaiti oil tankers under the American flag in order to protect them from Iranian attacks. A diplomat says that given the scale of casualties in the incident, the American public is going to start asking “what the hell is the US doing in the Gulf?” Iran calls the attack on the Stark a “divine blessing.” US officials quickly divert blame for the attack on Iran, accepting an Iraqi explanation that the fighter pilot must have mistaken the US warship for an Iranian vessel. [Guardian, 5/19/1987]
Excusing Iraq, Punishing 'Stark' Commander - “We’ve never considered them hostile at all,” says President Reagan in regards to Iraq’s military. “They’ve never been in any way hostile.… And the villain in the piece is Iran.” Senator John Warner (R-VA), a former secretary of the Navy, denounces Iran as “a belligerent that knows no rules, no morals.” Fellow senator John Glenn (D-OH) calls Iran “the sponsor of terrorism and the hijacker of airliners.” Iraq later determines that the Stark was in its so-called “forbidden zone,” and refuses to produce the pilot for any disciplinary action. The only punishment for the attack is suffered by the captain of the Stark, Glenn Brindel, who is relieved of his command, and his executive officer, who is punished for “dereliction of duty.” [TomDispatch (.com), 5/3/2007]
Lawsuits Dismissed - Two wrongful death lawsuits arising from the attacks will later be dismissed due to the “state secrets” privilege (see June 13, 1991 and September 16, 1992).

Entity Tags: US Department of Defense, US Department of the Navy, Glenn Brindel, John Glenn, John W. Warner, Ronald Reagan

Timeline Tags: US-Iraq 1980s

Following a stormy Congressional subcommittee hearing where he contradicted CIA manager David Einsel about Pakistan’s nuclear program (see July 1987 or Shortly After), analyst Richard Barlow is forced out of the CIA. Barlow will later say that he leaves because Einsel makes his job impossible: “Einsel went crazy. I was told that my personal behavior at the hearing had been unprofessional. I was accused of being unpatriotic and almost scuttling the Afghanistan program. I was viewed as being disloyal.” [Guardian, 10/13/2007] He will also say: “These people were determined that nothing like this was ever going to happen ever again—no more arrests, no more truth to the Congress.… I was targeted by some in the Directorate of Operations; they made my life miserable.” [Raw Story, 4/30/2007] Commenting on his position during the Cold War, he will add: “We had to buddy-up to regimes we didn’t see eye-to-eye with, but I could not believe we would actually give Pakistan the bomb. How could any US administration set such short-term gains against the long-term safety of the world?” Barlow’s job description is re-written six weeks after the hearing, removing him from work on Pakistan’s nuclear weapons, and he leaves the CIA for the Customs Service a year later. [Guardian, 10/13/2007]

Entity Tags: Central Intelligence Agency, Richard Barlow, Office of Scientific and Weapons Research (CIA), David Einsel

Timeline Tags: A. Q. Khan's Nuclear Network

Four men, Mohamad Kamal Elzahabi, Nabil al-Marabh, Raed Hijazi, and Bassam Kanj, meet each other in an Afghanistan training camp. All four of them take part in fighting against the Soviets. This is according to testimony by Elzahabi in 2004 (see April 16, 2004-June 25, 2004). Elzahabi will claim that while there, he met Abu Musab al-Zarqawi, later famous for allegedly attacking US soldiers in Iraq, and al-Qaeda leaders Abu Zubaida and Khalid Shaikh Mohammed. This appears to be the genesis of a Boston al-Qaeda sleeper cell that will play vital roles in 9/11 and other al-Qaeda plots. The four men go their separate ways in subsequent years, but by 1998 all of them will be working as taxi drivers in Boston (see June 1995-Early 1999). [Boston Globe, 6/27/2004]

Entity Tags: Raed Hijazi, Nabil al-Marabh, Khalid Shaikh Mohammed, Mohamad Kamal Elzahabi, Abu Zubaida, Bassam Kanj, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Barlow, an analyst who has repeatedly insisted that Pakistan has a nuclear weapons program (see July 1987 or Shortly After and Mid-1989), is fired from his position at the Pentagon. Barlow will later say, “They told me they had received credible information that I was a security risk.” When he asks why he is thought to be a security risk, “They said they could not tell me as the information was classified,” but “senior Defense Department officials” are said to have “plenty of evidence.” His superiors think he might leak information about Pakistan’s nuclear program to congressmen in favor of the non-proliferation of nuclear weapons. He spends the next eighteen months in the Pentagon personnel pool, under surveillance by security officers. Apparently, I. Lewis “Scooter” Libby and two officials who work for Undersecretary of Defense for Policy Paul Wolfowitz are involved in the sacking. It is also rumored that Barlow is a Soviet spy. Barlow’s conclusions about Pakistan’s nuclear program are unpopular with some, because if the US admitted the nuclear program existed, this would lead to a break between the US and Pakistan and endanger US aid to the anti-Soviet mujaheddin and US arms sales (see August 1985-October 1990 and August-September 1989). After he is fired, rumors are started saying that Barlow is a tax evader, alcoholic, adulterer, and in psychiatric care. As his marriage guidance counseling is alleged to be cover for the psychiatric care, the Pentagon insists that investigators be allowed to interview his marriage guidance counselor. Due to this and other problems, his wife leaves him and files for divorce. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later be exonerated by various investigations (see May 1990 and Before September 1993).

Entity Tags: Paul Wolfowitz, Pakistan, US Department of Defense, Lewis (“Scooter”) Libby, Richard Barlow

Timeline Tags: A. Q. Khan's Nuclear Network

A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).

Entity Tags: Earl Patton Ryals, US Department of the Navy

Timeline Tags: Civil Liberties

A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]

Entity Tags: Richard A. Clarke, William Jefferson (“Bill”) Clinton, Albert Arnold (“Al”) Gore, Jr., Lloyd Cutler

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

Nabil al-Marabh returned to Canada from Afghanistan in February 1994 using a fraudulent Saudi Arabian passport. But his request for asylum was eventually denied. He then enters the US in June 1995 and applies for asylum there. That too is denied, and he is ordered deported in 1997. But the order is not enforced and he continues to live in the US and Canada illegally until 9/11. [Canadian Broadcasting Corporation, 10/22/2001; Knight Ridder, 5/23/2003] Al-Marabh moves to Boston and gets a job as a taxi driver. He had known al-Qaeda operatives Bassam Kanj, Mohamad Kamal Elzahabi, and Raed Hijazi in training camps in Afghanistan (see Late 1980s; 1989-1994), and this group of four regathers in Boston. Kanj has been there since 1995, driving taxis at the same company that hires al-Marabh. Elzahabi moves to Boston from New York City in 1997 and also gets a job at this same taxi company. There are conflicting accounts as to who brings Raed Hijazi to Boston and why he goes there, but by the beginning of 1998 he is also working for this taxi company. [Boston Globe, 2/5/2001; New York Times, 9/18/2001; New York Times, 10/14/2001; Washington Post, 9/4/2002] Al-Marabh and Hijazi are roommates for at least two months. While they work together driving taxis, Hijazi is saving his earnings to spend on bomb plots and is working on an al-Qaeda plot to attack a US warship. That plot will develop into the attack on the USS Cole in 2000. [ABC News 7 (Chicago), 1/31/2002; Washington Post, 9/4/2002] Around the end of 1998, Kanj and Hijazi leave Boston to work on al-Qaeda plots overseas while Elzahabi leaves in 1999 to fight as a sniper in Chechnya. Al-Marabh will also leave, moving to Florida in early 1999 (see February 1999-February 2000), but he periodically returns to his Boston residence for some time, as his wife and son continue to live there. These four men will continue to help each other in various al-Qaeda plots. [Boston Globe, 2/5/2001; Boston Globe, 6/26/2004] Apparently, al-Qaeda recruiter Kamal Derwish also works at the same Boston taxi company, though the timing is not clear. He trained in Afghanistan in 1992, a time when al-Marabh was also there. He will be killed by a US missile strike in November 2002 (see November 3, 2002). [Christian Science Monitor, 5/23/2003] Even though the Boston FBI is aware long before 9/11 that at least four of the men are connected to al-Qaeda (see January 2001), the FBI will officially deny the possibility of any al-Qaeda cell in Boston until 2004 (see June 27, 2004).

Entity Tags: Bassam Kanj, Al-Qaeda, Nabil al-Marabh, Mohamad Kamal Elzahabi, Kamal Derwish, Raed Hijazi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sheila E. Witnall, the secretary of the Air Force, declassifies all Air Force accident reports prior to January 25, 1956. The declassification includes the 1948 crash of the B-29 bomber that killed nine of 13 crew members during a secret “Project Banshee” mission (see October 6, 1948). The formerly classified reports had been at the heart of the case of US v Reynolds (see March 9, 1953) that sparked the so-called “state secrets” privilege. Four years after the declassification, the daughter of one of the slain civilians on board, Judy Palya Loether, finds the accident report on the Internet; the discovery spurs her to begin looking into the circumstances of her father’s death, and ultimately will result in a second lawsuit being filed on behalf of the families of the slain crewmen (see February 26, 2003). [Siegel, 2008, pp. 205-208]

Entity Tags: Project Banshee, Sheila E. Witnall, Judy Palya Loether, US Department of the Air Force

Timeline Tags: Civil Liberties

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

After fleeing Qatar, Khalid Shaikh Mohammed (KSM) travels the world and plans many al-Qaeda operations. He previously was involved in the 1993 World Trade Center bombing, and the Operation Bojinka plot. [Time, 1/20/2003] He is apparently involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), the 2000 USS Cole bombing (see October 12, 2000), and other attacks. One US official later says, “There is a clear operational link between him and the execution of most, if not all, of the al-Qaeda plots over the past five years.” [Los Angeles Times, 12/22/2002] He lives in Prague, Czech Republic, through much of 1997. [Los Angeles Times, 9/1/2002] By 1999, he is living in Germany and visiting with the hijackers there. [New York Times, 6/8/2002; New York Times, 9/22/2002] Using 60 aliases and as many passports, he travels through Europe, Africa, the Persian Gulf, Southeast Asia and South America, personally setting up al-Qaeda cells. [Los Angeles Times, 12/22/2002; Time, 1/20/2003]

Entity Tags: USS Cole, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 1997, Canadian intelligence begins investigating Abdullah Almalki, a Canadian exporter originally from Syria. Almalki is working with Mohamad Kamal Elzahabi and Abdelrahman Elzahabi, who are brothers and business partners, to send electronic equipment to Pakistan. Around 1995, the three of them sent large numbers of portable field radios to Pakistan. Apparently, some of them are used by Taliban and al-Qaeda forces (the US will later recover many field radios of the same make and model in Afghanistan after 9/11). However, there is no law against exporting the radios, and investigators are unable to prove any crime was committed. Abdelrahman is working in New York City as a mechanic while Mohamad Kamal is working in Boston as a taxi driver. Three other taxi drivers at the same company are al-Qaeda operatives who knew each other and Mohamad Kamal in Afghanistan (see Late 1980s and June 1995-Early 1999), and he will later admit to being a sniper instructor at the Khaldan training camp in Afghanistan in the early 1990s. The FBI in Boston begins investigating him in 1999, but fails to prove he is a terrorist. They lose track of him when he leaves the US later that year to fight the Russians in Chechnya. The FBI later discovers him driving trucks in Minnesota and arrests him for lying to federal agents about his knowledge of the field radios (see Mid-August 2001). [Globe and Mail, 3/17/2007] It seems probable that the investigation of Mohamad Kamal Elzahabi strengthens suspicions about a Boston al-Qaeda cell. One of his associates at the taxi company, Raed Hijazi, works as an FBI informant starting in 1997 (see Early 1997-Late 1998]), and another, Nabil al-Marabh, is questioned by the FBI in 1999 (see April 1999-August 1999). Almalki is later arrested in Syria while visiting relatives there and severely tortured before eventually being released and returned to Canada (see September 19 or 20, 2003).

Entity Tags: Raed Hijazi, Mohamad Kamal Elzahabi, Nabil al-Marabh, Abdullah Almalki, Abdelrahman Elzahabi, Khaldan training camp

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. [Legal Information Institute, 1/26/1998; Savage, 2007, pp. 155]

Timeline Tags: Torture of US Captives

The Islamic Army of Aden (IAA) begins issuing what authors Sean O’Neill and Daniel McGrory will describe as “provocative political statements.” The IAA is headed by Zein al-Abidine Almihdhar, who claims to have fought in Afghanistan with Osama bin Laden, and the organization will go on to have links with al-Qaeda (see Early 2000 and October 12, 2000). The Yemeni government had previously ignored the group, but is now irked by the statements and asks the elders of Almihdhar’s tribe to muzzle him. However, this strategy does not work, so the government offers a reward for his capture, dead or alive. Despite this, the IAA will plot a series of attacks later in the year (see Before December 23, 1998). [O'Neill and McGrory, 2006, pp. 163]

Entity Tags: Islamic Army of Aden, Zein al-Abidine Almihdhar

Timeline Tags: Complete 911 Timeline

Abu Hamza al-Masri, a leading British imam and an informer for the British security services (see Early 1997), concludes an agreement with Zein al-Abidine Almihdhar, leader of the Yemen-based Islamic Army of Aden, who he had met in Afghanistan in the early 1990s. Abu Hamza sends followers for low-key militant training in Britain (see (Mid-1997) and (1998)), but this training consists of little more than survival courses and he needs a location where firearms can be used more freely. Therefore, Almihdhar agrees to provide training in Yemen, at a cost of £1,200 (about $1,800) per group of trainees. In return, Abu Hamza agrees to act as his press spokesman, and gives him a satellite phone costing £2,000 (about $3,200). Authors Sean O’Neill and Daniel McGrory will later describe the training: “The climate was brutal, the food inedible, and most of [the British recruits] complained that they missed their computer games and creature comforts. They got to ride horses, fire off several rounds of ammunition from an automatic rifle, and were instructed how to rig explosive devices by men who had fought in Afghanistan. They were also taught what else they would need to do to kill hundreds of innocents in an attack planned for Christmas day.” [O'Neill and McGrory, 2006, pp. 157-158, 162, 164-165] A group of Abu Hamza’s supporters who travel to Yemen for militant training with Almihdhar will later be arrested by police (see December 23, 1998) and Abu Hamza and Almihdhar will talk on the satellite phone during a kidnapping organized to engineer their release (see December 28-29, 1998).

Entity Tags: Abu Hamza al-Masri, Islamic Army of Aden, Zein al-Abidine Almihdhar

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

A witness questioned during the FBI’s investigation of the African embassy bombings says that al-Qaeda operative Abd al-Rahim al-Nashiri intends to attack a US vessel in Aden. The USS Cole will be bombed in Aden harbor two years later (see October 12, 2000) and al-Nashiri, who provided a fake passport for one of the embassy bombers (see August 22-25 1998), will be one of the managers of the operation (see November-December 2000). [Federal Bureau of Investigation, 9/9/1998 pdf file; New Yorker, 7/10/2006 pdf file]

Entity Tags: Abd al-Rahim al-Nashiri, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Mohamed al-Owhali is arrested and immediately begins confessing to FBI investigators his role in the recent al-Qaeda bombing of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998). In addition to revealing the existence of an al-Qaeda network in the US planning an attack there (August 12-25, 1998) and also revealing the phone number of a key al-Qaeda communications hub in Yemen (see Late August 1998), it appears he also reveals al-Qaeda plans for an attack in Yemen. In October 2000, Al-Qaeda operatives bombed the USS Cole in a port in Yemen (see October 12, 2000). In January 2001, in coverage of al-Owhali’s trial for his role in the embassy bombings, a court document mentions that during his interrogation he mentioned “a possible attack in Yemen.” [CNN, 1/19/2001] However, one newspaper notes, “It could not be learned how the authorities followed up on the information or how detailed it was.” [New York Times, 1/18/2001] It will later be revealed that al-Owhali identified the two leaders of the Cole bombing as participants in the planning for the US embassy bombings. [CNN, 10/16/2001]

Entity Tags: Mohamed al-Owhali, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Counterterrorism expert Rohan Gunaratna will later write that after the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), surveillance of al-Qaeda is stepped up around the world. “One intelligence officer attached to the French embassy in Islamabad, [Pakistan], urged his counterparts in foreign missions in Pakistan to detail the recipients of phone calls made by… al-Qaeda leader Abu Zubaida, then living in Peshawar, to individuals in their various countries.” As a result, “several governments [launch] investigations of their own.” [Gunaratna, 2003, pp. 245] A close associate of Zubaida in Peshawar at this time is Khalil Deek, who is actually a mole for the Jordanian government (see 1998-December 11, 1999). One such investigation is launched by the Philippine government on October 16, 1998, after being asked by French intelligence to gather intelligence on people in the Philippines in contact with Zubaida. Code named CoPlan Pink Poppy, the investigation reveals connections between al-Qaeda and the Moro Islamic Liberation Front (MILF), a Philippine militant group. On December 16, 1999, Abdesselem Boulanouar and Zoheir Djalili, two French Algerians belonging to the Algerian al-Qaeda affiliate the Salafist Group for Call and Combat (GSPC), are arrested due to information learned from monitoring Zubaida’s calls to the Philippines. Boulanouar is arrested at an airport carrying a terrorist training manual he admitted writing for the MILF. Both men also are arrested carrying explosive devices. French intelligence says Boulanouar had ties to Ahmed Ressam (see December 14, 1999), and like Ressam, may have been planning to carry out attacks at the turn of the millennium. He will be deported to France and imprisoned on terrorism related charges. CoPlan Pink Poppy will be canceled in 2000 for lack of funds. [Gulf News, 3/14/2000; Ressa, 2003, pp. 132-133; Gunaratna, 2003, pp. 245] However, while details are murky, it appears other governments continue to monitor Zubaida’s calls. Around the same time as the Philippines arrests, one militant in Jordan is even arrested while still in the middle of a phone call to Zubaida (see November 30, 1999). US intelligence will remain intensely focused on Zubaida before 9/11 (see Late March-Early April 2001 and May 30, 2001), and just days before 9/11 the NSA will monitor calls Zubaida is making to the US (see Early September 2001). It appears his calls will continue to be monitored after 9/11 as well (see October 8, 2001).

Entity Tags: Khalil Deek, Zoheir Djalili, Moro Islamic Liberation Front, Direction Générale de la Sécurité Extérieure, Abdesselem Boulanouar, Philippines, Abu Zubaida, Al-Qaeda, Ahmed Ressam, Salafist Group for Preaching and Combat

Timeline Tags: Complete 911 Timeline

Dan ColemanDan Coleman [Source: CNN]Beginning in the autumn of 1998, the FBI uses the phone records of an al-Qaeda communications hub run by operative Ahmed al-Hada and his son Samir to build a map of al-Qaeda’s global organization. A map showing all the places in the world that have communicated with the hub is posted on the wall of the interagency counterterrorism I-49 squad in New York. The hub’s telephone number was uncovered during the East African embassy bombings investigation (see August 4-25, 1998 and Late August 1998). [Al Ahram, 2/21/2002; MSNBC, 7/21/2004; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] According to FBI agent and I-49 squad member Dan Coleman, al-Hada is “uncle of half the violent jihadists we knew in the country.” [Suskind, 2006, pp. 94] Several of his sons and sons-in-law are al-Qaeda operatives and some die fighting and training with radical Islamists; this is known to US intelligence before 9/11. Hijacker Khalid Almihdhar is also a son-in-law of al-Hada. [MSNBC, 2/14/2002; Fox News, 2/14/2002; Los Angeles Times, 12/21/2005] The number is monitored by the NSA and over the next three years it mines intelligence that helps authorities foil a series of plots, including planned attacks on the US Embassy in Paris and the US Consulate in Istanbul, along with an attempted airline hijacking in Africa. However, the hub also serves as a planning center for the 2000 attack on the USS Cole in Yemen, which is successful (see October 12, 2000). [US News and World Report, 3/15/2004] The CIA, as the primary organization for gathering foreign intelligence, has jurisdiction over conversations on the al-Hada phone. Helped by the NSA, it stakes out the house—tapping the phone, planting bugs, and taking satellite photographs of its visitors. However, the CIA apparently does not provide the FBI with all the relevant information it is obtaining about al-Qaeda’s plans. [Mirror, 6/9/2002; New Yorker, 7/10/2006 pdf file] For example, the FBI is not informed that hijackers Khalid Almihdhar and Nawaf Alhazmi make calls to the communications hub from the US between spring 2000 and summer 2001 (see Spring-Summer 2000 and Mid-October 2000-Summer 2001). The FBI also asks the NSA to pass any calls between the communications hub and the US to the FBI, but the NSA does not do this either (see Late 1998). [Suskind, 2006, pp. 94]

Entity Tags: Federal Bureau of Investigation, I-49, National Security Agency, Samir al-Hada, Khalid Almihdhar, Nawaf Alhazmi, Dan Coleman, Ahmed al-Hada, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Islamic Army of Aden (IAA), a local militant group linked to al-Qaeda (see Early 2000 and October 12, 2000), plots a series of strikes against Western-related targets in Aden, Yemen. According to the Yemeni authorities, the plot encompasses:
bullet An attack on the Movenpick hotel, which is used by Western tourists and had already been bombed in 1992 (see December 29, 1992);
bullet Firing rockets into a clinic in the grounds of Aden’s only Christian church;
bullet Murdering British diplomats at the British consulate;
bullet Attacks on the Al Shadhrawan nightclub;
bullet Hitting the UN office in Aden; and
bullet Attacking a hotel used by US troops.
However, the plot, headed by IAA leader Zein al-Abidine Almihdhar, will be broken up on December 23, when six of the plotters linked to leading British imam Abu Hamza al-Masri are arrested by police in Aden (see December 23, 1998). [O'Neill and McGrory, 2006, pp. 159-160]

Entity Tags: Islamic Army of Aden, Zein al-Abidine Almihdhar

Timeline Tags: Complete 911 Timeline

Zein al-Abidine Almihdhar, leader of the al-Qaeda-affiliated Islamic Army of Aden (see Early 2000 and October 12, 2000), telephones Abu Hamza al-Masri, a London-based imam and informer for the British security services (see Early 1997). Six operatives sent by Abu Hamza to Yemen for training had become involved in a bomb plot, but were arrested four days ago (see December 23, 1998). Almihdhar makes two calls to Abu Hamza, and tells him of the capture of the operatives, who include Abu Hamza’s stepson and former bodyguard. The two men apparently come up with a plan to capture some Western tourists, and Abu Hamza purchases more airtime worth £500 (about $800) for Almihdhar’s satellite phone. After the tourists are captured the next day (see December 28-29, 1998), Almihdhar will immediately telephone Abu Hamza and, according to one of the tourists’ drivers, say, “We’ve got the goods that were ordered, 16 cartons marked Britain and America.” This is not the only telephone contact between the two men, and authors Sean O’Neill and Daniel McGrory will add, “What was apparent from the first hours of the hostage crisis was that the short-tempered [Almihdhar] needed the advice and reassurance of his spokesman in North London.” The calls are intercepted by the Government Communications Headquarters, Britain’s wiretapping agency, using a base in Cyprus. Although the communications cannot be used in court under British law, they are useful to the intelligence services in determining what is going on between Almihdhar and Abu Hamza. However, the intercepts are also shared with the FBI, which will later indicate it may use them in a US prosecution of Abu Hamza stemming from the fact that two of the kidnap victims are American nationals. [O'Neill and McGrory, 2006, pp. 156-157, 161, 180]

Entity Tags: Zein al-Abidine Almihdhar, Abu Hamza al-Masri, Government Communications Headquarters, Islamic Army of Aden

Timeline Tags: Complete 911 Timeline

Radical imam and British intelligence informer Abu Hamza al-Masri (see Early 1997) defends the kidnapping of Western hostages in Yemen by the Islamic Army of Aden (IAA—see December 28-29, 1998) in the British media. The IAA is an al-Qaeda affiliate (see Early 2000 and October 12, 2000) and Abu Hamza acts as its press officer. Although it is unusual for radical Islamists to appear on television in Britain at this time, Abu Hamza does not shy away from the publicity. Authors Sean O’Neill and Daniel McGrory will even call him a “publicity junkie,” and comment on his television appearances: “[Abu Hamza] tried to defend the indefensible by appearing on television and supporting the gunmen holding innocent Western hostages in the desert. Much of what he had to say in his strangled English about ‘jihad’ and martyrdom baffled his armchair British audience, most of who at the time had never heard of al-Qaeda.… He would stab his hook at the camera lens as he issued his bloodcurdling threats against politicians who did not heed his advice. His language was provocative, his demeanour threatening, but he had achieved one ambition—people in Britain suddenly knew the name of Abu Hamza.” His appearances do not go down well with the media, and, in O’Neill and McGrory’s words, he is “vilified .. after he admitted that he was the press officer for the kidnappers from the pompously named Islamc Army of Aden and Abyan.” Abu Hamza will later admit that this is the biggest mistake he ever makes. According to O’Neill and McGrory: “He [loses] friends and credibility, and [becomes] a marked man by the security authorities in Britain. But his standing with young British extremists [is] boosted.” [O'Neill and McGrory, 2006, pp. 158-159, 172-173]

Entity Tags: Abu Hamza al-Masri, Islamic Army of Aden

Timeline Tags: Complete 911 Timeline

The Islamic Cultural Institute in Milan, Italy.The Islamic Cultural Institute in Milan, Italy. [Source: Public domain]By late 1998, US and Italian intelligence are already aware of the importance of a mosque in Milan, Italy, called the Islamic Cultural Institute. After 9/11, the Treasury Department will call the mosque “the main al-Qaeda station house in Europe. It is used to facilitate the movement of weapons, men and money across the world.” Additionally, they are aware that Ahmed Idris Nasreddin, a founder and director of Al Taqwa Bank, is also a founder and financier of the mosque. The mosque is also less than 50 miles away from Al Taqwa’s headquarters on the Swiss border.(see 1995-1997). [Newsweek, 3/18/2002] US officials will later say that al-Qaeda operatives involved in the 1998 US embassy bombings stayed at the Milan mosque. This causes US and Italian intelligence to watch the mosque more closely, and it also causes the US to look closer at Al Taqwa Bank (see 1997-September 11, 2001). [Newsweek, 3/18/2002] One member of the al-Qaeda cell in Milan lives in Hamburg with 9/11 plotter Ramzi bin al-Shibh for most of 1998 (see December 1997-November 1998). In 2000, Abderazek Mahdjoub, the head of the Milan cell, lives in Hamburg, attends the Al-Quds mosque that the Hamburg al-Qaeda cell attends, and has ties with some of the 9/11 hijackers (see 2000). Al-Qaeda operatives involved in the failed millennium bombing plot in Jordan also stay at the Milan mosque (see November 30, 1999). The Jordanian government later will claim that Al Taqwa helped fund these millennium bombers. [Newsweek, 3/18/2002; Newsweek, 4/12/2004] Starting in late 2000, Italian intelligence, wiretapping people associated with the Milan mosque and/or the Milan al-Qaeda cell, record conversations suggesting foreknowledge of the 9/11 plot (see August 12, 2000; January 24, 2001). This information is shared with the US in early 2001 (see March 2001). Additional evidence will come out after 9/11 suggesting some people in Milan had foreknowledge of the 9/11 attacks (see September 4, 2001; September 7, 2001). Given the closeness of the Al Taqwa Bank to the mosque, especially through Nasreddin, this raises the possibility of Al Taqwa involvement and knowledge of specific al-Qaeda plots, including the 9/11 attacks, though there is no known evidence of such direct ties except for the attempted millennium bombing mentioned above.

Entity Tags: Islamic Cultural Institute, Abderazek Mahdjoub, Italy, Ramzi bin al-Shibh, US Department of the Treasury, Ahmed Idris Nasreddin, Al-Qaeda, Al Taqwa Bank

Timeline Tags: Complete 911 Timeline

Richard Barlow, a former intelligence analyst who was repeatedly fired for correctly claiming that Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988 and August 4, 1989), is awarded a total of $1 million by President Bill Clinton in compensation for the treatment he received. However, Barlow does not receive the money, as the settlement has to be ratified by Congress. When it runs into procedural problems, it is moved to the Court of Federal Claims to be reviewed. After Clinton is replaced by George W. Bush, CIA Director George Tenet and NSA Director Michael Hayden assert the government’s “state secrets privilege” (see March 9, 1953) over Barlow’s entire legal claim, causing it to collapse due to lack of evidence. [Guardian, 10/13/2007]

Entity Tags: William Jefferson (“Bill”) Clinton, Richard Barlow, National Security Agency, Michael Hayden, Court of Federal Claims, Central Intelligence Agency, George J. Tenet

Timeline Tags: A. Q. Khan's Nuclear Network

In February 1999, Nabil al-Marabh moves to Tampa, Florida. He gets a Florida driver’s license and begins driving taxis in Tampa, just as he did previously in Boston. According to an apartment complex manager, from February 1999 to February 2000 he lives in an apartment with another Arab man with a different last name. Investigators later will wonder if al-Marabh was an advance man for the Florida-based 9/11 hijackers. Tampa is about 50 miles north of Venice, where several 9/11 hijacker pilots will attend flight schools beginning in July 2000 (see July 1-3, 2000). While immigration records indicate Mohamed Atta will first arrive in the US in June 2000, there is some evidence of him being in the US before then (see Late April-Mid-May 2000; April 2000), and he may arrive in Florida by September 1999 (see September 1999). [New York Times, 9/18/2001; ABC News 7 (Chicago), 1/31/2002] Most of the information on al-Marabh’s taxi license application is fraudulent, including where he lived and worked from 1994 to 1999. [ABC News 7 (Chicago), 1/31/2002] In May 1999, a potential al-Qaeda sleeper agent named Ihab Ali Nawawi is arrested in Orlando, Florida, about 80 miles from Tampa. Nawawi had been working as a taxi driver and was in contact with top al-Qaeda leaders. While the similarity between him and al-Marabh is intriguing, there is no known reported connection in Florida between the two men (see May 18, 1999). In the early 1990s, both worked for the Pakistani branch of the Muslim World League, a charity with suspected terrorism ties (see 1989-1994). [St. Petersburg Times, 10/28/2001] Al-Marabh also apparently goes to Afghanistan some time in 1999 or early 2000. [Canadian Press, 10/11/2001]

Entity Tags: Nabil al-Marabh, Muslim World League, Ihab Ali Nawawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Nabil al-Marabh will claim in a 2002 statement that in May 1999, the FBI approaches him in Boston, looking for Raed Hijazi. Al-Marabh will say he lied and said he did not know Hijazi, even though he knew him well. Hijazi apparently has not been involved in any violent crime yet, but will participate in a failed attempt to bomb a hotel in Jordan (see November 30, 1999) and will help plan the USS Cole bombing in October 2000 (see October 12, 2000). [Washington Post, 9/4/2002] In August 1999 FBI agents again visit al-Marabh’s Boston apartment to ask him about another man. Al-Marabh’s wife will later recall that the first name of this man is Ahmed. [New York Times, 10/14/2001] He is from Jordan and had lived in their apartment for two months. [New York Times, 9/21/2001] Around the same time, the Boston FBI is looking for another associate of al-Marabh’s, Mohamad Kamal Elzahabi (see 1997 and 1999). They work at the same taxi company and fought together in Afghanistan.

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ihab Ali Nawawi.Ihab Ali Nawawi. [Source: FBI]Ihab Ali Nawawi is arrested in Orlando, Florida. He is considered an unindicted co-conspirator in the 1998 US embassy bombings in Africa. Nawawi’s family moved from Egypt to the US in the late 1970’s and he graduated from an Orlando high school. He fought in Afghanistan in the 1980’s and helped bin Laden move to Sudan in 1991. Nawawi received a commercial pilot’s license from Airman Flight School in Norman, Oklahoma, in 1993. He crashed an airplane owned by bin Laden in 1995 on a runway in Khartoum, Sudan (see Early 1993). He lived in Sudan until 1996 when he moved back to Orlando. Nawawi’s role in al-Qaeda is revealed days after the 1998 US embassy bombings in Africa when Ali Mohamed’s residence in California is raided. A letter from Nawawi is discovered asking Mohamed to give his “best regards to your friend Osama”(see August 24, 1998). Nawawi’s connection to the embassy bombings were possibly discovered months earlier, because there were a series of phone calls in 1997 between an Orlando telephone owned by Nawawi’s sister and an al-Qaeda safe house in Nairobi, Kenya. Many telephone numbers connected to that house were being monitored by US intelligence at the time. Given his obvious al-Qaeda ties, it is not clear why agents waited until May 1999 before arresting Nawawi. He is questioned in front of a grand jury, but prosecutors say he is lying and he refuses to talk anymore. FBI agents will visit the Airman Flight School in September 1999 to enquire about his attendance there (see September 1999). He will remain jailed and in September 2000 is finally charged for contempt and perjury. In October 2001, the St. Petersburg Times will report, “There are signs that Ali’s resolve might now be weakening. Court records indicate that Ali’s lawyers seemed to reach an understanding with the government in March [2001]. Since that time, all documents in the case have been filed under seal.” [St. Petersburg Times, 10/28/2001] In May 2002, three full years after his arrest, the New York Times will report that “Nawawi remains in federal custody even now, although he has not been charged with conspiring in the embassy bombing.” [New York Times, 5/18/2002] As of the end of 2005, there appears to be no further news on what has happened to Nawawi, and no sign of any trial. When Nawawi is arrested, he is working as a taxi driver. At this time Al-Qaeda operative Nabil al-Marabh is working as a taxi driver about 80 miles away in Tampa, Florida, and while the similarity is intriguing, there is no known reported connection between the two men (see February 1999-February 2000). [St. Petersburg Times, 10/28/2001]

Entity Tags: Ihab Ali Nawawi

Timeline Tags: Complete 911 Timeline

BJ’s Wholesale Club, a store in Hollywood, Florida, later tells the FBI that 9/11 hijacker Mohamed Atta may have held a BJ’s membership card since at least this time (“more than two years” before 9/11). Several cashiers at the store vaguely remember seeing Atta there. [Miami Herald, 9/18/2001] According to the official story, Atta does not arrive in the US until June 3, 2000 (see June 3, 2000). [Miami Herald, 9/22/2001]

Entity Tags: Federal Bureau of Investigation, BJ’s Wholesale Club, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The government of Yemen says that it has executed Zein al-Abidine Almihdhar, leader of the al-Qaeda affiliate group the Islamic Army of Aden (IAA), for his part in a kidnapping and murder plot (see December 28-29, 1998). However, the execution is not public and his body is not returned to his family. This leads Abu Hamza al-Masri, a leading supporter of the IAA, to speculate that Almihdhar is still alive in prison. Yemeni journalist Bashraheel Bashraheel will also comment: “The execution would have sparked a civil war.… The tribal leaders know [Almihdhar] is still alive and have been bribed to persuade their followers not to rebel.” [Quin, 2005, pp. 126, 157-8, 187] It will later be suggested that Almihdhar is a distant relative of 9/11 hijacker Khalid Almihdhar. [New York Times, 12/7/2001]

Entity Tags: Yemen, Zein al-Abidine Almihdhar, Bashraheel Bashraheel, Islamic Army of Aden, Abu Hamza al-Masri

Timeline Tags: Complete 911 Timeline

On December 5, 1999, a Jordanian raid discovers 71 vats of bomb making chemicals in this residence.On December 5, 1999, a Jordanian raid discovers 71 vats of bomb making chemicals in this residence. [Source: Judith Miller]Jordanian officials successfully uncover an al-Qaeda plot to blow up the Radisson Hotel in Amman, Jordan, and other sites on January 1, 2000. [PBS Frontline, 10/3/2002] The Jordanian government intercepts a call between al-Qaeda leader Abu Zubaida and a suspected Jordanian terrorist named Abu Hoshar. Zubaida says, “The training is over.” [New York Times, 1/15/2001] Zubaida also says, “The grooms are ready for the big wedding.” [Seattle Times, 6/23/2002] This call reflects an extremely poor code system, because the FBI had already determined in the wake of the 1998 US embassy bombings that “wedding” was the al-Qaeda code word for bomb. [Miller, Stone, and Mitchell, 2002, pp. 214] Furthermore, it appears al-Qaeda fails to later change the system, because the code-name for the 9/11 attack is also “The Big Wedding.” [Chicago Tribune, 9/5/2002] Jordan arrests Hoshar while he’s still on the phone talking to Zubaida. In the next few days, 27 other suspects are charged. A Jordanian military court will initially convict 22 of them for participating in planned attacks, sentencing six of them to death, although there will be numerous appeals (see April 2000 and After). In addition to bombing the Radisson Hotel around the start of the millennium, the plan calls for suicide bombings on two border crossings with Israel and a Christian baptism site. Further attacks in Jordan are planned for later. The plotters had already stockpiled the equivalent of 16 tons of TNT, enough to flatten “entire neighborhoods.” [New York Times, 1/15/2001] Key alleged plotters include:
bullet Raed Hijazi, a US citizen who is part of a Boston al-Qaeda cell (see June 1995-Early 1999). He will be arrested and convicted in late 2000 (see September 2000 and October 2000). [New York Times, 1/15/2001]
bullet Khalid Deek, who is also a US citizen and part of an Anaheim, California al-Qaeda cell. He will be arrested in Pakistan and deported to Jordan, but strangely he will released without going to trial.
bullet Abu Musab al-Zarqawi. He will later be a notorious figure in the Iraq war starting in 2003. [Washington Post, 10/3/2004]
bullet Luai Sakra. The Washington Post will later say he “played a role” in the plot, though he is never charged for it. Sakra apparently is a CIA informant before 9/11, perhaps starting in 2000 (see 2000). [Washington Post, 2/20/2006]
The Jordanian government will also later claim that the Al Taqwa Bank in Switzerland helped finance the network of operatives who planned the attack. The bank will be shut down shortly after 9/11 (see November 7, 2001). [Newsweek, 4/12/2004]

Entity Tags: Raed Hijazi, Abu Zubaida, Al-Qaeda, Al Taqwa Bank, Abu Musab al-Zarqawi, Khalil Deek, Federal Bureau of Investigation, Abu Hoshar, Jordan, Luai Sakra

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmed Ressam.Ahmed Ressam. [Source: Public domain]The CIA learns from the Jordanian government about an al-Qaeda millennium bombing plot in that country (see November 30, 1999). Further, the CIA concludes more attacks are likely soon, including some inside the US (see December 8, 1999). Counterterrorism “tsar” Richard Clarke is told of this, and he implements a plan to neutralize the threat. [Clarke, 2004, pp. 205, 211] The plan, approved by President Clinton, focuses on harassing and disrupting al-Qaeda members throughout the world. The FBI is put on heightened alert, counterterrorism teams are dispatched overseas, a formal ultimatum is given to the Taliban to keep al-Qaeda under control, and friendly intelligence agencies are asked to help. There are Cabinet-level meetings nearly every day dealing with terrorism [Washington Post, 4/2/2000; Associated Press, 6/28/2002] All US embassies, military bases, police departments, and other agencies are given a warning to be on the lookout for signs of an al-Qaeda millennium attack. One alert border agent responds by arresting terrorist Ahmed Ressam (see December 14, 1999), which leads to the unraveling of several bombing plots (see December 15-31, 1999). No terror attacks occur. However, Clarke claims the FBI generally remains unhelpful. For example, around this time the FBI says there are no websites in the US soliciting volunteers for training in Afghanistan or money for terrorist front groups. Clarke has a private citizen check to see if this is true, and within days, he is given a long list of such websites. The FBI and Justice Department apparently fail to do anything with the information. [Newsweek, 3/31/2004]

Entity Tags: William Jefferson (“Bill”) Clinton, Taliban, Richard A. Clarke, Al-Qaeda, Jordan, Central Intelligence Agency, Ahmed Ressam, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

As an al-Qaeda millennium plot is broken up in Jordan (see November 30, 1999), attention is focused on the fact that two of the plotters were long time US residents. National Security Adviser Sandy Berger sends a memo to President Clinton about the two men, Raed Hijazi and Khalil Deek. Hijazi had lived in California and then moved to Boston to drive a taxi there for several years. The 9/11 Commission will say Berger tells Clinton was a naturalized US citizen who had “been in touch with extremists in the United States as well as abroad.” Later in the month, counterterrorism “tsar” Richard Clarke will warn Berger in an e-mail, “Foreign terrorist sleeper cells are present in the US and attacks in the US are likely.” [9/11 Commission, 7/24/2004, pp. 179, 501] Deek is arrested on December 11 (see December 11, 1999), but he will eventually be released without being charged (see May 2001). A few days later, Clarke authorizes a study that looks into Deek’s connections, but no action will be taken when it is discovered Deek’s next-door neighbor is still living in Anaheim, California, and running an al-Qaeda sleeper cell there (see December 14-25, 1999). Similarly, while Hijazi will be arrested overseas some months later (see September 2000), US intelligence seems oblivious to the other al-Qaeda operatives who have been his roommates and fellow taxi drivers in Boston (see June 1995-Early 1999 and October 2000). One of them, Nabil al-Marabh, will apparently go on to have a major role in the 9/11 plot (see for example January 2001-Summer 2001 and Early September 2001). Investigators will also fail to act on knowledge of financial transactions between Hijazi and three of the 9/11 hijackers (see Spring 2001).

Entity Tags: Richard A. Clarke, Khalil Deek, Raed Hijazi, Sandy Berger, William Jefferson (“Bill”) Clinton, Nabil al-Marabh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Khalil Deek.Khalil Deek. [Source: Tawfiq Deek]Khalil Deek is arrested by police in Peshawar, Pakistan, and immediately extradited to Jordan. The Jordanian government requested the arrest after tying Deek to a millennium plot to blow up hotels in Jordan that had been broken up a few days ago (see November 30, 1999). [Orange County Weekly, 6/15/2006] Deek is a naturalized US citizen who has been part of a California al-Qaeda sleeper cell for most of the 1990s. He had been investigated by US authorities since the late 1980s (see Late 1980s, March 1993-1996, and December 14-25, 1999) but was never arrested. Deek’s computer is confiscated when he is arrested, and computer files reveal the targets of the Jordanian plot. [Cooley, 2002, pp. 33] According to contemporary press accounts, Deek, who was running a computer repair shop in Peshawar, Pakistan, had helped encrypt al-Qaeda’s Internet communications and smuggled recruits to al-Qaeda training camps in Afghanistan. Some reports identify him as a former mujaheddin fighter, a US Army veteran, and a close associate of Osama bin Laden. Articles also claim he worked closely with al-Qaeda leader Abu Zubaida on the Jordanian plot and other things (see May 2000, Late 1980s, and 1998-December 11, 1999). [Orange County Weekly, 6/15/2006] CNN says Deek “is believed to be the mastermind” of the Jordanian plot. [CNN, 12/17/1999] But, unlike the rest of the defendants in the Jordanian case, Deek is transferred from a maximum-security prison to a minimum-security one. He alone is not charged. He will be released in May 2001 (see May 2001). [Orange County Weekly, 6/15/2006] It will later be alleged that Deek was a Jordanian intelligence mole (see Shortly After December 11, 1999).

Entity Tags: Jordan, Al-Qaeda, Abu Zubaida, Khalil Deek, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Rita Katz.Rita Katz. [Source: Publicity photo /]Counterterrorism “tsar” Richard Clarke, hearing about Ahmed Ressam’s arrest earlier in the day (see December 14, 1999), hires a team of private terrorism analysts to complete a report on militant Islamic cells in North America. The Investigative Project on Terrorism, led by Steven Emerson, finishes the report just prior to the end of the year, hoping to help stop any millennium plots. [New Yorker, 5/29/2006] Investigator Rita Katz discovers that a man named Khalil Deek who has just been arrested in Jordan for a role in a millennium plot is a US citizen (see December 11, 1999). Using only public records, she begins looking into Deek’s activities in the US. She believes that she discovers a sleeper cell consisting of: [Katz, 2003, pp. 161-162]
bullet Khalil Deek. He is an al-Qaeda operative who has lived in Anaheim, California, for most of the 1990s. A former senior CIA official will later claim that Deek’s extremist connections were already “well established in the classified intelligence” by this time, and in fact, it will later be reported that Deek’s connections with al-Qaeda leader Abu Zubaida had been investigated since the late 1980s (see Late 1980s). Katz learns from intelligence reports that Deek has connections to a militant cell based in Montreal, Canada that includes Ressam. She suspects that Deek is coordinating al-Qaeda groups in North America. [LA Weekly, 9/15/2005; New Yorker, 1/22/2007] Deek regularly wires tens of thousands of dollars to overseas destinations. Business records show Deek was still in Anaheim as late as August 1998. The research team discovers Deek may have been visiting the US as late as September 1999. [US Congress, 1/25/2000; Orange County Weekly, 6/15/2006]
bullet Hisham Diab. Katz learns that Diab is Deek’s next door neighbor in Anaheim and she suspects the two of them have been operating a sleeper cell there (in fact, Diab’s wife had already repeatedly tried to warn the FBI about her husband, to no avail (see March 1993-1996). [LA Weekly, 9/15/2005]
bullet She discovers that Deek and Diab have formed a charity front called Charity Without Borders (this group received a $75,000 state grant in 1997 to distribute fliers encouraging the recycling of used motor oil). [LA Weekly, 9/15/2005; Orange County Weekly, 6/15/2006]
bullet Tawfiq Deek, Khalil Deek’s brother. Katz discovers that Tawfiq has presented himself as the Islamic Association for Palestine (IAP) spokesman in California. Katz calls the IAP the “Hamas front in America.” [Katz, 2003, pp. 167] Khalid Ashour, a Palestinian. He had lived in the same apartment building as the Deek brothers and Diab, and also worked with the IAP. But what most interests Katz is that he had been heavily involved in the Islamic Center of Tuscon in the early 1990s. The Islamic Center is important for the IAP but is also believed to be the focal point for al-Qaeda’s first base in the US (see 1994). Katz discovers that he had been arrested in 1991 trying to enter the US with a fake ID and border guards found handbooks of explosives and bombs in his car. In 1999, he had moved nearly half a million dollars out of the US despite holding a job that only paid $600 a week. [Katz, 2003, pp. 167-168]
bullet Although Katz does not discover it at the time, another associate of the Deeks and Diab in Anaheim named Adam Gadahn will later emerge as a prominent al-Qaeda spokesman in Afghanistan (see Spring 2004).
Katz, Emerson, and other members of the Investigative Project on Terrorism will brief members of the National Security Council about what they learned on December 25, 1999, but no action will be taken against the suspects they have uncovered (see December 25, 1999).

Entity Tags: Tawfiq Deek, National Security Council, Richard A. Clarke, Khalil Deek, Khalid Ashour, Adam Gadahn, Hisham Diab, Investigative Project on Terrorism, Steven Emerson, Rita Katz

Timeline Tags: Complete 911 Timeline

US intelligence learns about a likely al-Qaeda cell in California but fails to act on it. In early December 1999, US intelligence learned that a participant in an attempted al-Qaeda linked millennium plot in Jordan was a US citizen by the name of Khalil Deek. President Clinton was immediately notified because of the implication that al-Qaeda had a presence inside the US (see December 9, 1999). The FBI began interviewing Deek’s neighbors in Anaheim, California, but apparently learned little. However Counterterrorism “tsar” Richard Clarke tasked the Investigative Project on Terrorism, a private research team, to look into Deek’s US ties. On this day, the team goes to the White House and gives a report on their findings to Clarke and an assistant of his known only as Peter, and others on the National Security Council (NSC). Rita Katz has been leading the research effort and gives a presentation outlining the sleeper cell they believe they have discovered in Anaheim consisting of Deek, his brother Tawfiq Deek, Khalid Ashour, Hisham Diab, and a charity front known as Charity Without Borders (see December 14-25, 1999). According to a later account by Katz, Clarke, Peter, and the others are impressed at how much the team was able to learn looking only through public records. They express surprise that the FBI was not able to learn as much. The NSC gives the information to the FBI but apparently they do nothing with it. Katz will report in 2003 that Ashour is still living in California even though his request for asylum could have been easily denied. [Katz, 2003, pp. 156-174]

Entity Tags: Khalil Deek, Hisham Diab, Khalid Ashour, Tawfiq Deek, Rita Katz, National Security Council, Steven Emerson, Investigative Project on Terrorism, Richard A. Clarke

Timeline Tags: Complete 911 Timeline

Earlier in December, the CIA estimated that al-Qaeda would launch between five and 15 attacks against American targets around the world over the New Year’s weekend, and that several targets would likely be inside the US (see December 8, 1999). Since late 1999, there has been intelligence that targets in Washington and New York would be attacked at this time. [US Congress, 9/18/2002] There in fact are a number of planned attacks, including bomb attacks on the Boston and Los Angeles airports (see December 14, 1999 and December 15-31, 1999), a hotel in Jordan (see November 30, 1999), and a naval ship in Yemen (see January 3, 2000). However, all of the attacks are foiled, thanks to alerts and luck. [Washington Post, 1/20/2002]

Entity Tags: Central Intelligence Agency, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Al-Qaeda operative Luai Sakra apparently begins working as an informant for the CIA, Syrian intelligence, and Turkish intelligence. Sakra, a young Syrian whose parents were Turkish, attended the Khaldan training camp in Afghanistan in 1997. He developed a bond with Abu Zubaida, the al-Qaeda leader who was logistics manager for the camp. Zubaida will later be captured and interrogated by the CIA and will reportedly confirm a link with Sakra. Zubaida tasked Sakra with building up an al-Qaeda network in Turkey. In 1999, the Syrian government began hunting him for his role in a revolt in a Lebanon refugee camp. [Der Spiegel (Hamburg), 8/24/2005] The Turkish newspaper Zaman will report shortly after his capture in 2005, “Sakra has been sought by the secret services since 2000.” The CIA interrogated him twice in 2000. “Following the interrogation, the CIA offered him employment. He also received a large sum of money by the CIA. However the CIA eventually lost contact with him. Following this development, in 2000 the CIA passed intelligence about Sakra through a classified notice to Turkey, calling for the Turkish (intelligence) to capture him. [They] caught Sakra in Turkey and interrogated him.” [Zaman, 8/14/2005] Sakra was then apparently let go again. He will then move Germany and assist some of the 9/11 hijackers (see September 2000-July 24, 2001), then reveal details about the 9/11 attacks to Syrian intelligence the day before 9/11 (see September 10, 2001). He also will later claim to have trained some 9/11 hijackers in Turkey starting in late 1999 (see Late 1999-2000). In 2007, former CIA Director George Tenet will write in his book “At the Center of the Storm” that “a source we were jointly running with a Middle Eastern country went to see his foreign handler and basically told him something big was about to go down.” [Tenet, 2007, pp. 160] This is very likely a reference to Sakra, since no one else comes close to matching the description of telling a Middle Eastern government about the 9/11 attacks one day in advance, not to mention working as an informant for the CIA at the same time. Tenet’s revelation strongly supports the notion that Sakra in fact accepted the CIA’s offers in 2000 and had been working with the CIA and other intelligence agencies at least through 9/11.

Entity Tags: Central Intelligence Agency, Luai Sakra, Abu Zubaida, George J. Tenet

Timeline Tags: Complete 911 Timeline

The USS The Sullivans.The USS The Sullivans. [Source: US Navy]An al-Qaeda attack on USS The Sullivans in Yemen’s Aden harbor fails when their boat filled with explosives sinks. This is one of a series of failed al-Qaeda attacks planned to take place around the turn of the millennium (see December 31, 1999-January 1, 2000). But the attack remains undiscovered, and a duplication of the attack by the same people will successfully hit the USS Cole in October 2000 (see October 12, 2000). [PBS Frontline, 10/3/2002] The US will first learn of the planned The Sullivans attack when interrogating a suspect in the Cole bombing in early November 2000. [New York Times, 11/10/200]

Entity Tags: USS Cole, USS The Sullivans, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. [Source: FBI]About a dozen of Osama bin Laden’s trusted followers hold a secret, “top-level al-Qaeda summit” in the city of Kuala Lumpur, Malaysia. [CNN, 8/30/2002; San Diego Union-Tribune, 9/27/2002] According to an unnamed senior CIA official, before the summit started, the CIA learned that “11 young guys” were going to attend, and “young guys” is slang for operatives traveling. [Bamford, 2008, pp. 18] Plans for the October 2000 bombing of the USS Cole (see October 12, 2000) and the 9/11 attacks are discussed. [USA Today, 2/12/2002; CNN, 8/30/2002] At the request of the CIA, the Malaysian Secret Service monitors the summit and then passes the information on to the US (see January 5-8, 2000 and Shortly After). Attendees of the summit are said to include:
Nawaf Alhazmi and Khalid Almihdhar - The CIA and FBI will later miss many opportunities to foil the 9/11 plot through Alhazmi and Almihdhar and the knowledge of their presence at this summit. The CIA already knows many details about these two by the time the summit begins (see January 2-4, 2000), and tracked Almihdhar as he traveled to it (see January 2-5, 2000).
Yazid Sufaat - Sufaat is a Malaysian who owns the condominium where the summit is held. He is also a trained biologist and is said to be a leading figure in al-Qaeda’s attempts to get a biological or chemical weapon. [New York Times, 1/31/2002; Newsweek, 6/2/2002] Malaysian officials also recognize Sufaat from summit surveillance photos, as he is a long-time Malaysian resident (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002] A possibility to expose the 9/11 plot through Sufaat’s presence at this summit will later be missed in September 2000 (see September-October 2000). Sufaat will travel to Afghanistan in June 2001 and be arrested by Malaysian authorities when he returns to Malaysia in late 2001 (see December 19, 2001). [Australian, 12/24/2002] He will be released in 2008 (see December 4, 2008).
Hambali - An Indonesian militant known as Hambali, or Nurjaman Riduan Isamuddin [BBC, 8/15/2003] , was heavily involved in the Bojinka plot, an early version of the 9/11 plot (see January 6, 1995 and June 1994). [CNN, 3/14/2002; CNN, 8/30/2002] The FBI was aware of who he was and his connections to the Bojinka plot at least by 1999 and identified a photograph of him by that time (see May 23, 1999). He will be arrested by Thai authorities in August 2003 (see August 12, 2003). [CNN, 8/14/2003; CBS News, 8/15/2003] Malaysian officials recognize Hambali from summit surveillance photos, as he is a long-time Malaysian resident. But the US does not tell them of his Bojinka connections, so they will not know to arrest him after the summit is over (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002]
Khalid Shaikh Mohammed - Mohammed is sometimes referred to as “KSM,” an al-Qaeda leader and the alleged “mastermind” of the 9/11 attacks. The US has known KSM is an Islamic militant since the exposure of Operation Bojinka in January 1995 (see January 6, 1995), and knows what he looks like. US officials will state that they only realized the summit was important in 2001, but the presence of KSM should have proved its importance. [Los Angeles Times, 2/2/2002] Although the possible presence of KSM at this summit will be disputed by US officials, one counterterrorism expert will testify before the 9/11 Commission in 2003 that he has access to transcripts of KSM’s interrogations since his capture, and that KSM has admitted leading this summit and telling the attendees about a planes-as-weapons plot targeting the US (see July 9, 2003). [Newsweek, 7/9/2003; New York Post, 7/10/2003] Many other media reports will identify him as being there. [Independent, 6/6/2002; CNN, 8/30/2002; CNN, 11/7/2002; Canadian Broadcasting Corporation, 10/29/2003] For instance, according to Newsweek: “Mohammed’s presence would make the intelligence failure of the CIA even greater. It would mean the agency literally watched as the 9/11 scheme was hatched—and had photographs of the attack’s mastermind… doing the plotting.” [Newsweek, 7/9/2003] In Hambali’s 2008 Guantanamo file, it will be mentioned that KSM stays a week at Sufaat’s condominium with Alhazmi and Almihdhar, which would seem to make clear that KSM is there for the entire duration of the summit (see Early January 2000). [US Department of Defense, 10/30/2008]
Khallad bin Attash - Khallad bin Attash, a “trusted member of bin Laden’s inner circle,” is in charge of bin Laden’s bodyguards, and serves as bin Laden’s personal intermediary at least for the USS Cole bombing. [Newsweek, 9/20/2001 pdf file] He is also thought to be a “mastermind” of that attack. Attash is reportedly planning to be one of the 9/11 hijackers, but will be unable to get a US visa. [9/11 Commission, 6/16/2004, pp. 8] US intelligence had been aware of his identity as early as 1995. [US Congress, 9/18/2002] A possibility to expose the 9/11 plot through bin Attash’s presence at this summit will be missed in January 2001 (see January 4, 2001). Bin Attash had been previously arrested in Yemen for suspected terror ties, but was let go (see Summer 1999). [Contemporary Southeast Asia, 12/1/2002] He will be captured in Pakistan by the US in April 2003 (see April 29, 2003). In 2008, Newsweek will report that bin Attash confessed during interrogation that, while staying at Sufaat’s condominium, he and Alhazmi talked “about the possibility of hijacking planes and crashing them or holding passengers as hostages.” [Newsweek, 12/16/2008]
Abd al-Rahim al-Nashiri - Al-Nashiri is one of al-Qaeda’s top field commanders and operates out of Malaysia while 9/11 is being prepared. [Los Angeles Times, 10/10/2001; Gunaratna, 2003, pp. 188; Graham and Nussbaum, 2004, pp. 59] He was involved in an arms smuggling plot (see 1997) and the East African embassy bombings (see August 22-25 1998), in which his cousin was martyred (see 10:35-10:39 a.m., August 7, 1998). He also organized the attack against the USS The Sullivans (see January 3, 2000), and will be involved in the attacks against the USS Cole (see October 12, 2000) and the Limburg (see October 6, 2002). He will be arrested in the United Arab Emirates in November 2002 (see Early October 2002). An al-Qaeda operative identified a photo of al-Nashiri for the FBI in late 1998 (see August 22-25 1998). [9/11 Commission, 7/24/2004, pp. 152-3] (Note: in the sources, al-Nashiri is referred to by two of his aliases: Muhammad Omar al-Harazi and Al Safani.) [CNN, 12/11/2000; Central Intelligence Agency, 9/6/2006]
Ramzi bin al-Shibh - Investigators believe he wants to be the 20th 9/11 hijacker. His presence at the summit may not be realized until after 9/11, despite the fact that US intelligence has a picture of him next to bin Attash, and has video footage of him. [Newsweek, 11/26/2001; Washington Post, 7/14/2002; Time, 9/15/2002; Die Zeit (Hamburg), 10/1/2002; CNN, 11/7/2002] German police will have credit card receipts indicating bin al-Shibh is in Malaysia at this time. [Los Angeles Times, 9/1/2002] Ulrich Kersten, director of Germany’s federal anticrime agency, the Bundeskriminalamt, will later say, “There are indications that Ramzi bin al-Shibh was in Kuala Lumpur for the meeting.” [New York Times, 8/24/2002] Another account noting he was photographed at the summit will further note that he enters and leaves Thailand three times in the first three weeks of January 2000. [Los Angeles Times, 10/17/2001] Anonymous Malaysian officials will later claim he is at the summit, but US officials will deny it. Two local militants who serve as drivers for the attendees will later be arrested in Malaysia. They will be shown photos of the attendees, and confirm that bin al-Shibh was at the summit. [Associated Press, 9/20/2002] One account will say he is recognized at the time of the summit, which makes it hard to understand why he is not tracked back to Germany and the Hamburg cell with Mohamed Atta and other 9/11 hijackers. [Der Spiegel (Hamburg), 10/1/2002] Another opportunity to expose the 9/11 plot through bin al-Shibh’s presence at this summit will be missed in June. It appears bin al-Shibh and Almihdhar are directly involved in the attack on the USS Cole in October 2000 (see October 10-21, 2000). [Guardian, 10/15/2001; Washington Post, 7/14/2002; Newsweek, 9/4/2002]
Salem Alhazmi - Alhazmi, a 9/11 hijacker and brother of Nawaf Alhazmi, is possibly at the summit, although very few accounts will mention it. [Australian, 12/24/2002] US intelligence intercepts from before the summit indicate that he at least had plans to attend. [US Congress, 7/24/2003, pp. 51 pdf file]
Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said) - A Yemeni al-Qaeda operative, al-Taizi is reportedly meant to be one of the 9/11 hijackers, but will be unable to enter the US due to greater scrutiny for Yemenis. [9/11 Commission, 6/16/2004, pp. 8] Al-Taizi will be captured in Pakistan in February 2002, and then sent to the US prison in Guantanamo a few months later (see February 7, 2002). According to his 2008 Guantanamo file, he traveled from Afghanistan to Malaysia with bin Attash about two weeks before the summit. Bin Attash was missing a leg, and he had a prosthetic leg fitted and then stayed in the hospital to recover from the surgery. Bin Attash and al-Taizi stay at Sufaat’s house for the duration of the summit. Al-Taizi then flies to Yemen to visit his family there. [US Department of Defense, 10/25/2008]
Others - Unnamed members of the Egyptian-based Islamic Jihad are also said to be at the summit. [Cox News Service, 10/21/2001] Islamic Jihad merged with al-Qaeda in February 1998. [ABC News, 11/17/2001] However, according to the Wall Street Journal, bin Attash and Fahad al-Quso are suspected of being Islamic Jihad members at one point, so this may just be a reference to them. [Wall Street Journal, 10/8/2001] Note that there are a total of 10 names mentioned above, and it will be reported that the CIA learned that 11 operatives were to attend, so either not all of them make it, or some names of attendees will remain unknown.
Summit Associates - The following individuals are probably not at the summit meetings, but are in the region and assisting or linked with the attendees at this time:
Fahad Al-Quso - Al-Quso is a top al-Qaeda operative who is involved in the bombing of the USS Cole. Some sources will indicate al-Quso is present in Malaysia, and a person who looks like him will later be seen in a photograph of the meeting (see June 11, 2001). [Newsweek, 9/20/2001 pdf file] However, other sources will say al-Quso did not reach Kuala Lumpur, but met with bin Attash around this time in Bangkok, Thailand (see January 5-6, 2000 and January 8-15, 2000). [9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 330] Although al-Quso apparently is not at the summit, there are a series of phone calls during the time of the summit between his hotel in Bangkok, a phone booth near the condominium where the summit is held, and his family home in Yemen (see (January 5-8, 2000)). Al-Quso will be arrested by Yemeni authorities in the fall of 2000 (see Late October-Late November 2000), but the FBI will not be given a chance to fully interrogate him before 9/11. He will escape from prison in 2003. [CNN, 5/15/2003]
Ahmad Sajuli Abdul Rahman - An operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, Sajuli takes the visiting Arabs around Kuala Lumpur, but apparently does not attend the summit meetings. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee al-Taizi, one of the attendees Sajuli escorts around town is future 9/11 hijacker Khalid Almihdhar. Sajuli also helps arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli will be arrested in Malaysia in December 2001 (see December 29, 2001).
Ahmad Hikmat Shakir - A suspected al-Qaeda agent of Iraqi nationality, Shakir is a greeter at Kuala Lumpur airport. He meets Almihdhar there and travels with him to the apartment where the summit is held, but he probably does not attend the summit meetings. [Associated Press, 10/2/2002; Newsweek, 10/7/2002; Australian, 12/24/2002; Knight Ridder, 6/12/2004] After 9/11, he will be linked to the 1993 World Trade Center bombing and the 1995 Bojinka plot. Jordan will arrest him and let him go after the US says it doesn’t want to take custody of him (see September 17, 2001).
Dhiren Barot - Dhiren Barot (a.k.a. Abu Eissa al-Hindi) is a British citizen of Indian descent. According to a 2006 Observer article, Barot “is not believed to have been present” at the summit meetings. However, he does go to Kuala Lumpur during the time of the summit with summit attendee bin Attash. And shortly after the summit, Barot holds meetings with Hambali. It will later be reported that Barot is sent by KSM to New York City in early 2001 to case potential targets there, although whether this is part of the 9/11 plot or some other plot is unclear (see May 30, 2001). Barot will be arrested in 2004 in Britain for plotting attacks there, and sentenced to 30 years in prison (see August 3, 2004). [Observer, 12/12/2006]
Another Unnamed Local Militant - Malaysian officials will say that two local Jemaah Islamiyah act as drivers for the attendees. These drivers apparently have no idea who the attendees are or what they are doing; they are just tasked to drive them around. In a 2002 Associated Press article, officials will not name these drivers, but will say that they are among the dozens of alleged Jemaah Islamiyah militants arrested in December 2001 and January 2002. Since Sajuli mentioned above is arrested at that time, he presumably is one of these drivers. It is not known who the other driver is. (Sufaat will be arrested at that time as well, but the Associated Press article will make clear Sufaat is not one of the drivers.) [Associated Press, 9/20/2002]
Probably Not Involved: Mohamed al-Khatani - A Saudi, he allegedly will confess to attending the summit while being held in the US Guantanamo prison (see July 2002). He apparently will unsuccessfully attempt to enter the US in August 2001 to join the 9/11 plot (see August 4, 2001). However, al-Khatani will later recant his testimony and say he lied to avoid torture (see October 26, 2006). Furthermore, his 2008 Guantanamo file, leaked to the public in 2011, contains no hint of him even possibly attending the summit. The contents of the file must be treated with extreme caution, especially since he is repeatedly and brutally tortured (see August 8, 2002-January 15, 2003 and January 14, 2009). But according to the general narrative of the file, al-Khatani had no involvement with Islamist militancy in early 2000, only starts to get involved with militants in mid-2000, and first attends a militant training camp in Afghanistan in late 2000. [US Department of Defense, 10/30/2008]

Entity Tags: Hambali, Abu Bara al-Taizi, Dhiren Barot, Central Intelligence Agency, Ahmad Hikmat Shakir, Ahmad Sajuli Abdul Rahman, Al-Qaeda, Abd al-Rahim al-Nashiri, Islamic Jihad, Jemaah Islamiyah, Fahad al-Quso, Khalid Shaikh Mohammed, Ulrich Kersten, Yazid Sufaat, Khalid Almihdhar, Ramzi bin al-Shibh, Salem Alhazmi, Mohamed al-Khatani, Malaysian Secret Service, Khallad bin Attash, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

While in Thailand, 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi associate with three of the operatives who will later be involved in the bombing of the USS Cole (see October 12, 2000). The two hijackers arrive with Khallad bin Attash, who will command the Cole operation. The three of them come from Malaysia, where they were under surveillance by the CIA (see January 5-8, 2000 and January 8, 2000). While in Bangkok, bin Attash meets Cole bombers Fahad al-Quso and Ibrahim al-Thawar, who give bin Attash some money, possibly $36,000. Some of this may be passed to Alhazmi and Almihdhar. Under interrogation after 9/11, bin Attash will claim that, even though they all stay in the same hotel for part of the time (see (January 5-8, 2000)) the two groups do not meet. However, such statements are thought to be unreliable because of the methods used to extract them (see June 16, 2004). [9/11 Commission, 1/26/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 312] Shown photographs of Alhazmi and Almihdhar after 9/11 by the FBI, al-Quso will say that he recognizes the two, but indicate that this may be because he met them at camps in Afghanistan. [New Yorker, 7/10/2006 pdf file] However, he is apparently photographed by Malaysian authorities standing next to Almihdhar in Kuala Lumpur (see (January 5-8, 2000)).

Entity Tags: Khalid Almihdhar, Ibrahim al-Thawar, Khallad bin Attash, Nawaf Alhazmi, Fahad al-Quso

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Judy Palya Loether.Judy Palya Loether. [Source: SecrecyFilm (.com)]Judy Palya Loether, the daughter of a civilian engineer killed in a 1948 plane crash while on a secret government mission (see October 6, 1948), reads over the voluminous reports of the accident that claimed her father’s life. The reports, now declassified (see January 1996), had been at the heart of a landmark lawsuit that gave judicial recognition to the government’s “state secrets” privilege (see March 9, 1953). Loether is shocked to find that the reports contain nothing that could be construed as military or tactical secrets of any kind, though for decades the government has insisted that they could not be revealed, even to a judge (see October 18, 1948, July 26, 1950, August 7-8, 1950, September 21, 1950, and October 19, 1951). What they do contain is a compendium of witness statements and expert findings that indicate a number of mistakes and errors led to the crash. Loether begins contacting the families of the widows who had filed the original lawsuit against the government (seeJune 21, 1949) to share her findings. [Siegel, 2008, pp. 210-211] Loether is confused and angered over the contents of the reports, and the government’s response to the lawsuit. She cannot understand why the government pressed so hard to keep the reports classified, knowing that they contained no sensitive information about the secret missile program, and is particularly troubled by the fact that at least two senior government officials signed affidavits affirming the reports’ inclusion of such information while knowing that the reports contained nothing of the sort. She wonders if government officials had perhaps decided to lie about the reports in order to establish some sort of state secrets privilege. In September 2002, lawyers Wilson Brown and Jeff Almeida, retained by Loether and others who lost family members in the crash, come to the same conclusion. As Almeida will say to Brown: “I’ve read this report. There’s nothing in there.” [Siegel, 2008, pp. 219] As time goes on, Loether and her colleagues files a second lawsuit seeking to overturn the first Supreme Court verdict (see February 26, 2003).

Entity Tags: Wilson Brown, Jeff Almeida, Judy Palya Loether

Timeline Tags: Civil Liberties

Mike Frost.Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]

Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich Ramírez Sanchez

Timeline Tags: Civil Liberties

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

Spruce Whited, director of security for the Portland, Maine Public Library, later says 9/11 hijacker Mohamed Atta and possibly a second hijacker are regulars at the library and frequently use public Internet terminals at this time. He says four other employees recognize Atta as a library patron. “I remember seeing [Atta] in the spring of 2000,” he says. “I have a vague Memory of a second one who turned out to be [Atta’s] cousin.” Whited also says federal authorities have not inquired about the library sightings. Even a year later, he says the FBI does finally speak to librarians, but not in relation to their 9/11 investigation. [Boston Herald, 10/5/2001; Portland Press Herald, 10/5/2001; Associated Press, 9/9/2002] The library’s executive director says that three other employees came to her saying they had seen Atta about half a dozen times in the spring and summer 2000. [Maine Sunday Telegram, 9/30/2001] According to the official story, Atta does not arrive in the US until June 3, 2000. [Miami Herald, 9/22/2001; Australian Broadcasting Corporation, 11/12/2001]

Entity Tags: Maine Public Library, Spruce Whited, Mohamed Atta, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Johnelle Bryant.Johnelle Bryant. [Source: ABC News]9/11 hijacker Mohamed Atta reportedly has a very strange meeting with Johnelle Bryant of the US Department of Agriculture. Incidentally, this meeting takes place one month before the official story claims he arrived in the US for the first time. According to Bryant, in the meeting Atta does all of the following:
bullet He initially refuses to speak with one who is “but a female.”
bullet He asks her for a loan of $650,000 to buy and modify a crop-dusting plane.
bullet He mentions that he wants to “build a chemical tank that would fit inside the aircraft and take up every available square inch of the aircraft except for where the pilot would be sitting.”
bullet He uses his real name even as she takes notes, and makes sure she spells it correctly.
bullet He says he has just arrived from Afghanistan.
bullet He tells about his travel plans to Spain and Germany.
bullet He expresses an interest in visiting New York.
bullet He asks her about security at the WTC and other US landmarks.
bullet He discusses al-Qaeda and its need for American membership.
bullet He tells her bin Laden “would someday be known as the world’s greatest leader.”
bullet He asks to buy the aerial photograph of Washington hanging on her Florida office wall, throwing increasingly large “wads of cash” at her when she refuses to sell it. [ABC News, 6/6/2002]
bullet After Bryant points out one of the buildings in the Washington photograph as her former place of employment, he asks her, “How would you like it if somebody flew an airplane into your friends’ building?”
bullet He asks her, “What would prevent [me] from going behind [your] desk and cutting [your] throat and making off with the millions of dollars” in the safe behind her.
bullet He asks, “How would America like it if another country destroyed [Washington] and some of the monuments in it like the cities in [my] country had been destroyed?”
bullet He gets “very agitated” when he isn’t given the money in cash on the spot.
bullet Atta later tries to get the loan again from the same woman, this time “slightly disguised” by wearing glasses. Three other terrorists also attempt to get the same loan from Bryant, but all of them fail. Bryant turns them down because they do not meet the loan requirements, and fails to notify anyone about these strange encounters until after 9/11. Government officials not only confirm the account and say that Bryant passed a lie detector test, but also elaborate that the account is consistent with other information they have received from interrogating prisoners. Supposedly, failing to get the loan, the terrorists switched plans from using crop dusters to hijacking aircraft. Other department employees also remember the encounter, again said to take place in April 2000. The 9/11 Commission has failed to mention any aspect of Johnelle Bryant’s account. [Washington Post, 9/25/2001; ABC News, 6/6/2002; London Times, 6/8/2002] Compare Atta’s meeting with FBI Director Mueller’s later testimony about the hijackers: “There were no slip-ups. Discipline never broke down. They gave no hint to those around them what they were about.” [CNN, 9/28/2002]

Entity Tags: Robert S. Mueller III, Mohamed Atta, Federal Bureau of Investigation, Al-Qaeda, US Department of Agriculture, 9/11 Commission, Johnelle Bryant

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ramzi bin al-Shibh.Ramzi bin al-Shibh. [Source: FBI]During these months, Hamburg al-Qaeda cell member Ramzi bin al-Shibh tries several times to get a US visa, but all his attempts fail, some possibly due to a link to the USS Cole bombing. In 2000, he tries to a get a visa three times from Germany, and once from Yemen, but all these attempts fail. He may also make a fifth attempt in May 2001, although the 9/11 Commission will not include that in their final report. One of the applications says he will be visiting Agus Budiman, a Hamburg associate, in Washington (see October-November 2000). [Los Angeles Times, 10/24/2001; Australian, 12/24/2002; 9/11 Commission, 8/21/2004, pp. 11-15 pdf file; McDermott, 2005, pp. 209] Most accounts claim that bin al-Shibh is refused a visa on economic grounds based on fears that he will overstay his visa and work in the US. One official later suggests it was “only by luck” that he was turned down. [CBS News, 6/6/2002; Washington Post, 7/14/2002] However, Bin al-Shibh is in Yemen during the two months before the bombing of the Cole in that country, and investigators later conclude that he may have been involved in that attack (see October 10-21, 2000 and October 12, 2000). Possibly for this reason other accounts note that, as the London Times will put it, he was “turned down on security grounds.” [London Times, 9/9/2002] Newsweek will later report, “One senior law-enforcement official told Newsweek that bin al-Shibh’s efforts to obtain a US visa were rebuffed because of suspicions that he was tied to the bombing of the USS Cole.” [Los Angeles Times, 10/21/2001; Newsweek, 11/26/2001; BBC, 9/14/2002] In addition, Al Jazeera journalist Yosri Fouda will say that according to his US intelligence sources, bin al-Shibh’s visas were “turned down because he was implicated in the USS Cole attack.” [TBS Journal, 10/2002] But no journalist will ever question why this information didn’t lead to the unraveling of the 9/11 plot. Not only is there the obvious visa connection to Ziad Jarrah while he is training at a US flight school, but also during this same time period bin al-Shibh wires money to Marwan Alshehhi, Zacarias Moussaoui, and others, sometimes using his own name. [CBS News, 6/6/2002] It is unclear how the US would know about his ties to the bombing at this time, though it’s possible that the consular official who reviews his fourth attempt in Berlin in October/November 2000 sees that al-Shibh entered Yemen one day before the attack and leaves shortly after it (see October 10-21, 2000). [9/11 Commission, 8/21/2004, pp. 15 pdf file]

Entity Tags: Federal Bureau of Investigation, Agus Budiman, Ziad Jarrah, Ramzi bin al-Shibh, Zacarias Moussaoui, Marwan Alshehhi, Yosri Fouda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Nabil al-Marabh stabs his Boston roommate in the knee during an argument on May 30, 2000. He pleads guilty in December 2000 to assault and battery with a dangerous weapon. [Boston Herald, 9/20/2001] He is given a six-month suspended sentence, but fails to report to his probation officer. An arrest warrant is issued for him in March 2001. [Los Angeles Times, 9/21/2001; Ottawa Citizen, 10/29/2001] In July, just after he has been released on bail in Canada, the Boston police go to al-Marabh’s former Boston address with the arrest warrant. His landlord tells them al-Marabh is gone and has not left a forwarding address. [New York Times, 10/14/2001]

Entity Tags: Nabil al-Marabh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Rudi Dekkers.Rudi Dekkers. [Source: Peter Muhly / Agence France-Presse]9/11 hijackers Mohamed Atta and Marwan Alshehhi move from New York to Venice, Florida. [Chicago Sun-Times, 9/16/2001] They arrive at Huffman Aviation, a flying school at Venice Municipal Airport, on July 1, according to the school’s owner Rudi Dekkers, inquiring about taking lessons there. They are reported to also check out a flight school in Oklahoma at the beginning of this month (see July 2-3, 2000). They then return to Huffman—on July 3 according the Dekkers—and begin flight instruction, subsequently enrolling in the school’s Accelerated Pilot Program. When they register at the school, Atta and Alshehhi use their real names. Dekkers later states that they say they are unhappy with a flying school they attended up north, though he gives no details about the identity of this school. It will later be claimed that Atta and Alshehhi attended a flight school in Punta Gorda before moving to Venice (see Before July 2000). However, Punta Gorda is south, not north, of Venice. Paying by check, Atta will give $18,703.50 in total for his lessons, while Alshehhi gives $20,917.63. The money necessary to cover their training is sent to them in a series of transfers from Dubai (see June 29, 2000-September 18, 2000). [Washington Post, 9/19/2001; Washington Post, 9/30/2001; US Congress, 3/19/2002; 9/11 Commission, 7/24/2004, pp. 224; St. Petersburg Times, 7/25/2004] Huffman’s owner Rudi Dekkers has what the St. Petersburg Times will describe as “a long history of troubled businesses, run-ins with the Federal Aviation Administration and numerous lawsuits.” [St. Petersburg Times, 7/25/2004] After 9/11 he will face even more lawsuits (see August 23, 2001-April 2004).

Entity Tags: Marwan Alshehhi, Mohamed Atta, Huffman Aviation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In August 2000, Nabil al-Marabh moves to Detroit, Michigan, to enroll in a truck driving course in nearby Dearborn. [Knight Ridder, 5/23/2003] According to an informant who will claim that al-Marabh confided to him in 2002, al-Marabh is taking instructions from a mystery figure in Chicago known only as “al Mosul”, which means “boss” or “person in charge” in Arabic. Al Mosul asks al-Marabh to attend the driving school to get a commercial truck driver’s license. Also according to this informant, al-Marabh and Raed Hijazi have plans to steal a fuel truck from a rest stop in New York or New Jersey and detonate it in the heavily traveled Lincoln or Holland tunnels leading into New York City, but the plan is foiled when Hijazi is arrested in October 2000 (see October 2000) for an attempted bombing in Jordan (see November 30, 1999). [Knight Ridder, 5/23/2003] Al-Marabh may have moved to Detroit to avoid government scrutiny in Boston after stabbing a roommate in May 2000 (see May 30, 2000-March 2001). His wife and son apparently continue to live at his long-time Boston address until September 2000 and then move to elsewhere in the city without leaving a forwarding address. [New York Times, 9/18/2001; Boston Herald, 9/19/2001; New York Times, 9/21/2001] Al-Marabh continues to live in Detroit until January 2001. The Washington Post will note that al-Marabh “appears to [move] every few months or continually [change] his residence on official documents � at one point listing an address in Dearborn, Michigan, that is a truck stop.” [Washington Post, 9/21/2001; Knight Ridder, 5/23/2003] He repeatedly claims to Michigan state officials that he lost his license, and secures temporary driver’s licenses without photographs. [Washington Post, 9/21/2001] He receives five driver’s licenses in Michigan over a period of 13 months in addition to carrying driver’s licenses from Massachusetts, Illinois, Florida, and Ontario, Canada. [Toronto Star, 10/26/2001] He moves to Toronto, Canada in January 2001 (see January 2001-Summer 2001), but will return to Detroit in August 2001 and will still be getting duplicate Michigan licenses and looking for a tractor-trailer driving job in the week after 9/11. [Los Angeles Times, 9/21/2001; ABC News 7 (Chicago), 1/31/2002]

Entity Tags: Nabil al-Marabh, Al Mosul

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Abdulsalam Ali Abdulrahman.Abdulsalam Ali Abdulrahman. [Source: US Defense Department]Italian intelligence successfully wiretaps an al-Qaeda cell in Milan, Italy, starting in late 1999. [Boston Globe, 8/4/2002] In a wiretapped conversation from this day, Abdulsalam Ali Abdulrahman, a section chief in Yemen’s Political Security Organization (PSO - roughly the equivalent to the FBI in the US) traveling on a diplomatic passport (see Spring-Summer 1998), talks about a massive strike against the enemies of Islam involving aircraft and the sky. The conversation takes place in a car on the way to a terrorist summit near Bologna (see August 12, 2000 and Shortly After), and the person Abdulrahman talks to is Mahmoud Es Sayed, a close associate of al-Qaeda second-in-command Ayman al-Zawahiri (see Before Spring 2000). There are several significant aspects to the conversation:
bullet Abdulrahman makes comments indicating he has foreknowledge of the 9/11 attacks. He says that he is “studying airlines,” comments, “Our focus is only on the air,” and tells Es Sayed to remember the words “above the head.” He also says that next time they meet he hopes to bring Es Sayed “a window or piece of the airplane,” and that the security on Alitalia and at Rome airport is poor. The name of the operation is given as “Jihadia,” and Abdulrahman says, “the big blow will come from the other country: one of those blows no one can ever forget.” He adds: “[It is] moving from south to north, from east to west: whoever created this plan is crazy, but he’s also a genius. It will leave them speechless.” He also says: “We can fight any power using candles and airplanes: they will not be able to stop us with even their most powerful weapons. We must hit them. And keep your head up.… Remember, the danger in the airports.… If it happens the newspapers from all over the world will write about it.”
bullet Es Sayed remarks, “I know brothers who went to America with the trick of the wedding publications.” The phrase “Big wedding” is sometimes used by al-Qaeda as code for a bombing or attack, including 9/11 (see November 30, 1999 and Late Summer 2001), so, taken together with Abdulrahman’s remarks, this indicates an unconventional attack in the US using aircraft;
bullet The two discuss training camps in Yemen, which are “proceeding on a world scale.” They also mention youth in Italy, and presumably the youth are training;
bullet Es Sayed says, “my dream is building an Islamic state,” and Abdulrahman replies that this is possible because the Yemeni government is weak and “sooner or later we will dominate it;”
bullet Es Sayed asks after a person named Ayman, evidently al-Qaeda second-in-command Ayman al-Zawahiri;
bullet Abdulrahman twice mentions the name of Abdul Mejid, apparently a reference to Abdul Mejid al-Zindani, a radical leader in Yemen and associate of Osama bin Laden (see January-August 1998);
bullet Es Sayed makes the cryptic comment, “One must be cautious, like in Iran; not a single photo.”
Beginning in October 2000, FBI experts will help Italian police analyze the intercepts and warnings. Related conversations are overheard early the next year (see January 24, 2001 and February 2001). Neither Italy nor the FBI will fully understand their meaning until after 9/11, but apparently the Italians will understand enough to give the US an attack warning in March 2001 (see March 2001). After 9/11, this conversation and others like it will cause US intelligence to think there may be a link between the 9/11 plot and Yemen’s PSO. [Los Angeles Times, 5/29/2002; Guardian, 5/30/2002; Washington Post, 5/31/2002; Wall Street Journal, 12/20/2002; Vidino, 2006, pp. 224-5] Author Lorenzo Vidino will later comment: “The chilling conversation alarmed officials before 9/11, but it took on a completely different resonance after the attacks had taken place. [Abdulrahman], who had close connections to the highest ranks of al-Qaeda, likely knew about the plan in advance and had told Es Sayed about it.” [Vidino, 2006, pp. 226]

Entity Tags: Abdulsalam Ali Abdulrahman, Federal Bureau of Investigation, Al-Qaeda, Mahmoud Es Sayed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to PBS, an Egyptian informant warns US intelligence that al-Qaeda will attack an American warship. [PBS, 10/3/2002] The FBI also notices increased telephone activity by al-Qaeda in Yemen around the same time (see August-Early October 2000). The USS Cole is attacked in the autumn of this year (see October 12, 2000).

Entity Tags: US intelligence, Ahmed Nasrallah

Timeline Tags: Complete 911 Timeline

The Boston Globe will later report that in late August 2000, Nabl al-Marabh moves from Boston to Detroit, leaving his estranged wife behind. “Before he left, however, he told cabdriver friends that the FBI had approached him and was asking him questions about bin Laden’s operation, and that he was considering cooperating. The friends said that al-Marabh did not say why the FBI had approached him about bin Laden but that it may have been prompted by the Customs Service investigation that found that he had wired money to [al-Qaeda operative Raed] Hijazi. By this time, Hijazi was in jail in Jordan.” [Boston Globe, 10/15/2001] In a 2003 interview, al-Marabh will claim that in the early 1990s, while working as a taxi driver in Boston, he had a run-in with a fellow taxi driver “who he thinks falsely accused him of planning to bomb a car. He said he spoke freely with the FBI agents, who concluded that the allegations were false. From then on, he said, the FBI tried to recruit him to become an informant, and he refused.” He will also claim that in the early 1990s he had a roommate who both worked for the FBI and fought in Afghanistan (see 1989-1994). [Knight Ridder, 5/23/2003] But it is possible that al-Marabh accepts the FBI offer, because while in a Canadian prison in July 2001, he will boast to fellow prisoners that he remains in contact with the FBI (see June 27, 2001-July 11, 2001). Around this time, September 2000, it appears that the Jordanian government tells the US that Hijazi, al-Marabh, and 9/11 hijacker Hamza Alghamdi are connected through telephone numbers (see September 2000). Hijazi had already worked as an FBI informant while he was roommates with al-Marabh in Boston (see Early 1997-Late 1998). In the spring of 2001, al-Marabh will be investigated for links to three 9/11 hijackers (see Spring 2001), but he will nonetheless go on to have an important role in the 9/11 plot.

Entity Tags: Raed Hijazi, Nabil al-Marabh, Hamza Alghamdi, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hamza Alghamdi.Hamza Alghamdi. [Source: FBI]Raed Hijazi, Nabil al-Marabh’s former Boston roommate, is tried and convicted in Jordan for his role in planned millennium bombings in that country. (Hijazi is tried in absentia since he has yet to be arrested, but will later be retried in person and reconvicted.) In the wake of the trial, Jordanian officials send information to US investigators that shows Nabil al-Marabh and future 9/11 hijacker Hamza Alghamdi are associates of Hijazi. The Washington Post will report, “An FBI document circulated among law enforcement agencies [just after 9/11] noted that Hijazi, who is in a Jordanian jail, had shared a telephone number with [9/11] hijacker, Hamza Alghamdi.” Apparently this document is created when Jordan sends the US this information in late 2000. [Washington Post, 9/21/2001] The Boston Globe will later report that an FBI investigation found that “al-Marabh had, in the report’s language, a ‘telephone connection’ with one of the suspected hijackers, according to a federal source involved in the investigation. However, the source was uncertain whether the connection involved telephone conversations between al-Marabh and the unidentified suspect, or whether it involved their sharing a telephone number.” This is a probable reference to the same FBI report mentioning the Alghamdi-Hijazi phone link, especially since the same Globe article mentions that around the this time al-Marabh tells his coworkers that the FBI has been asking him about his links to bin Laden (see Late August 2000). [Boston Globe, 10/15/2001] It appears that Alghamdi is not put on any kind of watch list and will not be stopped when he will arrive in the US by January 2001 (see January or July 28, 2001) nor again on May 23, 2001 (see April 23-June 29, 2001). The 9/11 Commission Final Report will fail to mention any investigation into Alghamdi and will give no hint that his name was known to US authorities before 9/11.

Entity Tags: Nabil al-Marabh, Jordan, Federal Bureau of Investigation, Raed Hijazi, Hamza Alghamdi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A videotape message featuring bin Laden calling for more attacks on the US is aired on Al Jazeera. The video ends with al-Qaeda leader Ayman al-Zawahiri saying, “Enough of words, it is time to take action against this iniquitous and faithless force [the United States], which has spread troops through Egypt, Yemen and Saudi Arabia.” [CNN, 10/20/2000; Washington Times, 8/26/2002] Further, bin Laden is wearing a distinctive, curved Yemeni dagger. Lawrence Wright will later mention in the book The Looming Tower that this was a “teasing clue” similar to other clues he had left before other attacks. [Wright, 2006, pp. 318] DIA analyst Kie Fallis later recalls, “Every time he put out one of these videotapes, it was a signal that action was coming.” He claims that after hearing of the video, he “knew then it would be within a month or two.” But nonetheless, his suggestion to put out a general attack warning will go unheeded (see May 2000-Late September 2000). An al-Qaeda attack on the USS Cole follows less than a month later (see October 12, 2000). [Washington Times, 8/26/2002]

Entity Tags: Kie Fallis, Ayman al-Zawahiri, Osama bin Laden, United States

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In September 2000, Luai Sakra enters Germany seeking asylum, using the name “Louia Sakka” (one of several ways his name is transliterated). He moves with his wife and two children to a government asylum dormitory in a small town in central Germany while waiting for a verdict. [Der Spiegel (Hamburg), 8/15/2005; Agence France-Presse, 10/27/2005] After his 2005 arrest in Turkey, Sakra will confess to helping some of the 9/11 hijackers. He will claim to have helped some of the 9/11 hijackers while in Bursa, a city in Turkey 60 miles south of Istanbul (see Late 1999-2000). [Washington Post, 2/20/2006] But he will also say that he knew hijacker Mohamed Atta, which presumably would take place during Sakra’s time in Germany (see Early August 2005). He will warn the Syrian government about the 9/11 attacks one day before they happen (see September 10, 2001) and evidence will suggest he was an informant working for the CIA and other governments (see 2000). He will later admit meeting Assef Shawkat, head of Syrian intelligence, in Germany, but it is not known when this meeting took place. [BBC, 11/10/2005] Apparently while still living in Germany, Sakra is indicted in Jordan for allegedly supporting planned attacks around the turn of the millennium (see November 30, 1999). His 2001 Jordanian indictment reads, “Current residence: Germany, on the run.” It is not clear if Jordan communicated with the German government about his whereabouts at this time. He will be convicted in absentia in Jordan in early 2002 and sentenced to 15 years in prison. Meanwhile, in Germany he loses his asylum appeal and leaves the country on July 24, 2001. His family flies to Syria around the same time. [Der Spiegel (Hamburg), 8/15/2005]

Entity Tags: Assef Shawkat, Central Intelligence Agency, Luai Sakra, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lieutenant Colonel Anthony Shaffer will later claim that Captain Scott Phillpott, leader of the Able Danger program, briefs General Peter Schoomaker, head of Special Operations Command (SOCOM), that Able Danger has uncovered information of increased al-Qaeda “activity” in Aden harbor, Yemen. Shaffer, plus two other officials familiar with Able Danger later tell the New York Post that this warning was gleaned through a search of bin Laden’s business ties. Shaffer later recalls, “Yemen was elevated by Able Danger to be one of the top three hot spots for al-Qaeda in the entire world.” This warning, plus another possibly connected warning from Defense Intelligence Agency (DIA) analyst Kie Fallis (see May 2000-Late September 2000), go unheeded and no official warning is issued. The USS Cole is attacked by al-Qaeda terrorists in Aden harbor in October 2000 (see October 12, 2000). Shaffer later claims that Phillpott tells the 9/11 Commission about this warning in 2004 to show that Able Danger could have had a significant impact, but the Commission’s findings fail to mention the warning, or in fact anything else about Able Danger (see July 12, 2004). [New York Post, 9/17/2005; Jerry Doyle Show, 9/20/2005] Representative Curt Weldon (R-PA) will similarly tell Fox News: “[T]wo weeks before the attack on the Cole, in fact, two days before the attack on the Cole, [Able Danger] saw an increase of activity that led them to say to the senior leadership in the Pentagon at that time, in the Clinton administration, there’s something going to happen in Yemen and we better be on high alert, but it was discounted. That story has yet to be told to the American people.” [Fox News, 10/8/2005]

Entity Tags: Scott Phillpott, Peter J. Schoomaker, Curt Weldon, Al-Qaeda, Able Danger, Clinton administration, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Raed Hijazi.Raed Hijazi. [Source: Associated Press]Raed Hijazi participated in a failed attempt to bomb a hotel in Jordan at the start of the millennium (see November 30, 1999) and helped plan the USS Cole bombing in early October 2000 (see October 12, 2000). Hijazi knew Nabil al-Marabh in Boston, where they were roommates and drove taxis for the same company. In May 1999, the FBI had already approached al-Marabh looking for Hijazi, but al-Marabh will later claim he lied and said he did not know him. [Washington Post, 9/4/2002] Hijazi is arrested in Syria this month and imprisoned in Jordan, where he has just been convicted for his failed bomb attempt there. He quickly begins to cooperate with investigators, identifies himself as an al-Qaeda operative, and also identifies al-Marabh as an al-Qaeda operative still living in the US. Customs agents soon discover that al-Marabh had on at least one occasion wired money to Hijazi that was used to fund the failed millennium plot. These agents will eventually learn that al-Marabh repeatedly sent money overseas to Hijazi. Ahmed Ressam, arrested in late 1999 for attempting to bomb the Los Angeles airport, helps confirm the connection between al-Marabh and Hijazi. Ressam will start cooperating with US investigators in early 2001, but it is not clear if he gave this information before 9/11 or just after it. [New York Times, 9/18/2001; New York Times, 10/14/2001; New York Times, 10/14/2001; Toronto Sun, 11/16/2001; ABC News 7 (Chicago), 1/31/2002] Yet, the New York Times will note, “For months after the CIA learned of his ties to the bin Laden network, Mr. Marabh moved about unfettered—traveling around the [US], moving large amounts of money, getting duplicate driver’s licenses, and forging immigration documents.” [New York Times, 10/14/2001]

Entity Tags: Raed Hijazi, Nabil al-Marabh, US Customs Service, Federal Bureau of Investigation, Jordan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Before the bombing of the USS Cole in Aden, Yemen, Ramzi bin al-Shibh makes two trips to Yemen’s capital, Sana’a, and will later be said to play a role in the attack. Although bin al-Shibh is never named as a certain participant in the operation, he flies from Frankfurt, Germany, to Dubai, United Arab Emirates (UAE), on October 10, 2000. The next day, he flies from Dubai to Sana’a, putting him there one day before the bombing (see October 12, 2000). He flies from Sana’a to Dubai on October 21, and where he goes from there is not certain. [Los Angeles Times, 10/24/2001; Khan, 8/11/2002 pdf file; Australian, 12/24/2002; McDermott, 2005, pp. 209] Bin al-Shibh was also in Yemen for about four weeks up until a month before the bombing (see August-September 2000). Note also that the CIA is working with the Dubai airport to track all suspected militants passing through it, although it is not known if bin al-Shibh is suspected at this time (see 1999). He apparently attended an al-Qaeda summit with the other commanders of the ship-bombing operation in 2000 (see January 5-8, 2000) and some media reports indicate an application for a US visa he makes after the attack is rejected due to concerns about his involvement in the bombing. For example, the Los Angeles Times, based on conversations with law enforcement officials, will report that bin al-Shibh is “linked to the terrorist attack in Yemen on the US Navy destroyer Cole.[Los Angeles Times, 10/21/2001] Newsweek, the BBC, and Al Jazeera journalist Yosri Fouda will also report similar statements by law enforcement officials (see May 17, 2000-May 2001). [Newsweek, 11/26/2001; BBC, 9/14/2002; TBS Journal, 10/2002] One of the 9/11 hijackers, Khalid Almihdhar, may also be involved in the bombing (see Around October 12, 2000).

Entity Tags: Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

October 12, 2000: USS Cole Bombed by Al-Qaeda

Damage to the USS Cole.Damage to the USS Cole. [Source: Department of Defense]The USS Cole is bombed in the Aden, Yemen harbor by two al-Qaeda militants, Hassan al-Khamri and Ibrahim al-Thawar (a.k.a. Nibras). Seventeen US soldiers are killed and 30 are wounded. The CIA will later conclude that with just slightly more skilled execution, the attack would have killed 300 and sunk the ship. [ABC News, 10/13/2000; Coll, 2004, pp. 532; 9/11 Commission, 7/24/2004, pp. 191] The Islamic Army of Aden (IAA) immediately takes credit for the attack. This is a Yemen-based Muslim militant group widely believed to have close ties to al-Qaeda (see 1996-1997 and After). [Guardian, 10/14/2000] The IAA statement is released by its spokesman, Abu Hamza al-Masri (see Early 1997, (June 1998), and December 28, 1998 and After). Abu Hamza says that the attack was timed to mark the anniversary of the execution of the IAA’s former commander (see October 17, 1999). [O'Neill and McGrory, 2006, pp. 184] The prime minister of Yemen at the time of the bombing will say shortly after 9/11, “The Islamic Army was part of al-Qaeda.” [Guardian, 10/13/2001] The US soon learns the names of some al-Qaeda operatives involved in the attack, including Khalid Shaikh Mohammed, Tawfiq bin Attash and Fahad al-Quso (see Early December 2000), and Abd al-Rahim al-Nashiri (see November-December 2000). 9/11 hijackers Ramzi bin al-Shibh (see October 10-21, 2000) and Khalid Almihdhar (see Around October 12, 2000) may also have been involved. This is a repeat of a previously attempted attack, against the USS The Sullivans, which failed and was apparently undetected (see January 3, 2000). [Los Angeles Times, 12/22/2002] The 9/11 Commission will later say the Cole bombing “was a full-fledged al-Qaeda operation, supervised directly by bin Laden. He chose the target and location of the attack, selected the suicide operatives, and provided the money needed to purchase explosives and equipment.” [9/11 Commission, 7/24/2004, pp. 190]

Entity Tags: Khalid Shaikh Mohammed, Khallad bin Attash, Ramzi bin al-Shibh, Islamic Army of Aden, USS Cole, Osama bin Laden, Ibrahim al-Thawar, Khalid Almihdhar, Fahad al-Quso, Abd al-Rahim al-Nashiri, Hassan al-Khamri, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hours after the USS Cole bombing in Yemen (see October 12, 2000), President Clinton says regarding the bombing: “If, as it now appears, this was an act of terrorism, it was a despicable and cowardly act. We will find out who was responsible and hold them accountable.” [ABC News, 10/12/2000] But the US will not quickly retaliate against al-Qaeda, as it did with missile strikes after the 1998 US embassy bombings in East Africa (see August 20, 1998), despite convincing evidence that al-Qaeda was behind the Cole bombing (see Shortly After October 12, 2000, November 2000 or After, and November 7, 2000).

Entity Tags: William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline

Following the attack on the USS Cole (see October 12, 2000), the CIA discusses possible policy changes in the hunt for Osama bin Laden. Disappointed by US inaction, Alec Station chief Richard Blee decides “we’ve got to change the rules,” because he thinks al-Qaeda is getting stronger and stronger. This entails enhanced support for the Northern Alliance led by Ahmed Shah Massoud, which is the only credible opposition fighting the Taliban and al-Qaeda in Afghanistan. Although some CIA officers still think Alec Station’s staff is “over the top,” both the CIA’s Near East division and Counterterrorist Center chief Cofer Black agree with Blee, and they decide what is needed is aid to enable Massoud to pressure the Taliban, creating the conditions for CIA operations against bin Laden. The list of assistance includes cash to bribe commanders, trucks, helicopters, light arms, ammunition, uniforms, food, and possibly mortars and artillery. The plan will cost between $50 and $150 million, and will include a permanent CIA base in Afghan territory controlled by the Northern Alliance. CIA officers will then be able to accompany Massoud’s men on missions. It takes some time to arrive at these conclusions, which will be formalized into a plan (see December 29, 2000). However, the plan will not be accepted by the outgoing Clinton administration or the incoming Bush administration (see December 20, 2000). [Coll, 2004, pp. 539-541; Washington Post, 2/23/2004]

Entity Tags: Richard Blee, Counterterrorist Center, Cofer Black, Central Intelligence Agency, Bush administration (43), Ahmed Shah Massoud, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Fahad al-Quso, a Yemeni and known associate of Osama bin Laden, turns himself in to the Yemeni government after some of his relatives are questioned in the wake of the USS Cole bombing (see October 12, 2000). [New Yorker, 7/10/2006 pdf file] He admits that he and one of the two Cole suicide bombers went to Bangkok, Thailand, and gave several thousand dollars to a man known as Khallad, who is identified as one of the masterminds of the Cole bombing. He says the money is to buy a new artificial leg for the one-legged Khallad. The transcript of the interrogation is given to the FBI a month later. FBI agent Ali Soufan sees the transcript and remembers a source he recruited in Afghanistan who spoke of a one-legged man named Khallad who is close to bin Laden. Khallad is his nickname; his real name is Tawfiq bin Attash. A mug shot of bin Attash is sent to this source, who makes a positive identification. Soufan wonders why money was being sent away from the Cole plotters and away from Yemen prior to a major planned attack and speculates that it may mean another al-Qaeda operation is being planned elsewhere. Soufan asks the CIA for information about Khallad and this other attack, which turns out to be 9/11, but the CIA withholds the information (see Late November 2000). Al-Quso will later reveal more to the FBI, leading to more missed opportunities (see Early December 2000). [Wright, 2006, pp. 328-329]

Entity Tags: Central Intelligence Agency, Fahad al-Quso, Ali Soufan, Khallad bin Attash, Federal Bureau of Investigation

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

Fahad al-Quso.Fahad al-Quso. [Source: FBI]In late October 2000, al-Qaeda operative Fahad al-Quso was interrogated by authorities in Yemen, and FBI agent Ali Soufan was able to use that information to discover the identity of one of the USS Cole bombing masterminds, Khallad bin Attash (see Late October-Late November 2000). In early December, while most FBI investigators are having to leave Yemen, Soufan is given the chance to interrogate al-Quso directly. Soufan gets al-Quso to admit that he had met with bin Attash and one of the Cole suicide bombers in Bangkok, Thailand, in January 2000 (see January 13, 2000). Al-Quso admits he gave bin Attash $36,000 and not the $5,000 for medical expenses that al-Quso had claimed when talking to the Yemenis the month before. Al-Quso says they stayed in the Washington Hotel in Bangkok, so Soufan checks telephone records to verify his account. Soufan finds records of phone calls between the hotel and al-Quso’s house in Yemen. They also find calls to both places from a pay phone in Kuala Lumpur, Malaysia. The phone happens to be directly outside the condominium where an al-Qaeda summit was taking place a few days before al-Quso went to Bangkok (see January 5-8, 2000). Soufan asks the CIA for information about bin Attash, but the CIA wrongly claims it knows nothing, and doesn’t even tell Soufan of the Malaysia summit that it had closely monitored (see Late November 2000). [New York Times, 4/11/2004; Wright, 2006, pp. 330-331] Meanwhile, FBI head investigator John O’Neill correctly believes that al-Quso is still holding back important information (at the very least, al-Quso is still hiding his participation in the Malaysia summit). However, O’Neill had been kicked out of Yemen by his superiors a week or two before (see October 14-Late November, 2000), and without his influential presence the Yemeni government will not allow any more interrogations. After 9/11, al-Quso will finally admit to meeting with Alhazmi and Almihdhar. One investigator calls the missed opportunity of exposing the 9/11 plot through al-Quso’s connections “mind-boggling.” [PBS Frontline, 10/3/2002] In April 2003, al-Quso will escape from a Yemeni prison (see April 11, 2003-March 2004). [Associated Press, 4/11/2003]

Entity Tags: Ali Soufan, John O’Neill, Federal Bureau of Investigation, Central Intelligence Agency, Khallad bin Attash, Fahad al-Quso

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

Yemeni authorities receive photographs of operatives who attended al-Qaeda’s Malaysia summit. The exact number of photographs they receive is not known, but they include three photos, of 9/11 hijackers Khalid Almihdhar, Nawaf Alhazmi, and a man who looks like one of their associates, Fahad al-Quso, that are later shown to the FBI (see June 11, 2001). It is unclear who provides the photos to the Yemenis, but the CIA has them and is interested in the bombing of the USS Cole in Yemen (see October 12, 2000), so presumably they come from the CIA. The photos are highly relevant to the FBI, as they connect extremists known to be involved in the Cole attack to Almihdhar and Alhazmi, but even though the FBI is in charge of the Cole investigation, the CIA continues to withhold the information from the FBI for months (see January 5, 2001 and After, February 1, 2001, Late May, 2001 and August 30, 2001). The Yemenis’ response to the photographs is unknown. [US Department of Justice, 11/2004, pp. 293 pdf file] The CIA is aware by June 2001 that Almihdhar is the son-in-law of Ahmed al-Hada, a Yemeni extremist who runs a communications hub for Osama bin Laden (see Late August 1998), but it is not known whether they obtain this information now or at some other time. [Wright, 2006, pp. 343]

Entity Tags: Nawaf Alhazmi, Central Intelligence Agency, Fahad al-Quso, Khalid Almihdhar, Yemen

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Washington Post reports that the US has confirmed the link between al-Qaeda and the October 2000 USS Cole bombing (see October 12, 2000). [Washington Post, 1/27/2001] This conclusion is stated without hedge in a February 9 briefing for Vice President Cheney. [Washington Post, 1/20/2002] In the wake of that bombing, Bush stated on the campaign trail, “I hope that we can gather enough intelligence to figure out who did the act and take the necessary action.… There must be a consequence.” [Washington Post, 1/20/2002] Deputy Defense Secretary Paul Wolfowitz later complains that by the time the new administration is in place, the Cole bombing was “stale.” Defense Secretary Rumsfeld concurs, stating that too much time had passed to respond. [9/11 Commission, 3/24/2004] The new Bush administration fails to resume the covert deployment of cruise missile submarines and gunships on six-hour alert near Afghanistan’s borders that had begun under President Clinton. The standby force gave Clinton the option of an immediate strike against targets in Afghanistan harboring al-Qaeda’s top leadership. This failure makes a possible assassination of bin Laden much more difficult. [Washington Post, 1/20/2002]

Entity Tags: William Jefferson (“Bill”) Clinton, Osama bin Laden, Donald Rumsfeld, Paul Wolfowitz, Al-Qaeda, Bush administration (43), Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline

The Bush White House holds its first National Security Council meeting. The focus is on Iraq and the Israeli-Palestinian conflict. [Bamford, 2004, pp. 261] This meeting sets the tone for how President Bush intends to handle foreign affairs. Counterterrorism chief Richard Clarke wants to focus on the threat from al-Qaeda and Islamist terrorism, especially in light of the recent attack on the USS Cole (see October 12, 2000). But Bush isn’t interested in terrorism. [Unger, 2007, pp. 201]
Israeli-Palestinian Conflict to be 'Tilted Back Towards Israel' - Instead, Bush channels his neoconservative advisers, particularly incoming Deputy Defense Secretary Paul Wolfowitz (see February 18, 1992 and April-May 1999), in taking a new approach to Middle East affairs, particularly the Israeli-Palestinian conflict. Referring to President Clinton’s efforts to make peace between the Israelis and the Palestinians, Bush declares: “Clinton overreached, and it all fell apart. That’s why we’re in trouble. If the two sides don’t want peace, there’s no way we can force them. I don’t see much we can do over there at this point. I think it’s time to pull out of the situation.… We’re going to correct the imbalance of the previous administration on the Mideast conflict. We’re going to tilt it back towards Israel.” His view is that the Israeli government, currently headed by Ariel Sharon, should be left alone to deal as it sees fit with the Palestinians. “I’m not going to go by past reputations when it comes to Sharon. I’m going to take him at face value. We’ll work on a relationship based on how things go.” Justifying his position, he recalls a recent trip he took to Israel with the Republican Jewish Coalition. “We flew over the Palestinian camps. Looked real bad down there.… I don’t see much we can do over there at this point.” Secretary of State Colin Powell, surprised by Bush’s intended policy towards the 50-year old Israeli-Palestinian conflict, objects. According to Secretary of the Treasury Paul O’Neil, Powell “stresse[s] that a pullback by the United States would unleash Sharon and the Israeli army.” When Powell warns the president that the “consequences of that [policy] could be dire, especially for the Palestinians,” Bush shrugs. “Sometimes a show of strength by one side can really clarify things,” he suggests. [Bamford, 2004, pp. 265-266; Middle East Policy Council, 6/2004] In this and subsequent meetings, Bush’s National Security Adviser, Condoleezza Rice, “parrot[s]… the neocon line,” in author Craig Unger’s words, by discussing Iraq. “Iraq might be the key to reshaping the entire region,” she says, clearly alluding to regime change and overthrow in that nation (see March 8, 1992, Autumn 1992, July 8, 1996, Late Summer 1996, Late Summer 1996, 1997-1998, January 26, 1998, February 19, 1998, September 2000, Late December 2000 and Early January 2001, and Shortly after January 20, 2001). [Unger, 2007, pp. 201]
Possible WMD Sites in Iraq Spark Bush to Order Plans for Ground Assaults - The meeting then moves on to the subject of Iraq. Rice begins noting “that Iraq might be the key to reshaping the entire region.” She turns the meeting over to CIA Director George Tenet who summarizes current intelligence on Iraq. He mentions a factory that “might” be producing “either chemical or biological materials for weapons manufacture.” The evidence he provides is a picture of the factory with some truck activity, a water tower, and railroad tracks going into a building. He admits that there is “no confirming intelligence” on just what is going on at these sites. Bush orders Defense Secretary Donald Rumsfeld and Joint Chiefs of Staff Chairman General Hugh Shelton to begin preparing options for the use of US ground forces in Iraq’s northern and southern no-fly zones in support of a native-based insurgency against the Hussein regime. [Bamford, 2004, pp. 267; Middle East Policy Council, 6/2004] Author Ron Suskind later sums up the discussion: “Meeting adjourned. Ten days in, and it was about Iraq. Rumsfeld had said little, Cheney nothing at all, though both men clearly had long entertained the idea of overthrowing Saddam.” Defense Intelligence Agency official Patrick Lang later writes: “If this was a decision meeting, it was strange. It ended in a presidential order to prepare contingency plans for war in Iraq.” [Middle East Policy Council, 6/2004]
Regime Change Intended from the Outset - US Secretary of the Treasury Paul O’Neill, later recalls: “From the very beginning, there was a conviction, that Saddam Hussein was a bad person and that he needed to go.… From the very first instance, it was about Iraq. It was about what we can do to change this regime. Day one, these things were laid and sealed.” O’Neill will say officials never questioned the logic behind this policy. No one ever asked, “Why Saddam?” and “Why now?” Instead, the issue that needed to be resolved was how this could be accomplished. “It was all about finding a way to do it,” O’Neill will explain. “That was the tone of it. The president saying ‘Go find me a way to do this.’” [CBS News, 1/10/2004; New York Times, 1/12/2004; Guardian, 1/12/2004; Vanity Fair, 5/2004, pp. 234] Another official who attends the meeting will later say that the tone of the meeting implied a policy much more aggressive than that of the previous administration. “The president told his Pentagon officials to explore the military options, including use of ground forces,” the official will tell ABC News. “That went beyond the Clinton administration’s halfhearted attempts to overthrow Hussein without force.” [ABC News, 1/13/2004] Unger later writes, “These were the policies that even the Israeli right had not dared to implement.” One senior administration official says after the meeting, “The Likudniks are really in charge now.” [Unger, 2007, pp. 201]
Funding the Iraqi National Congress - The council does more than just discuss Iraq. It makes a decision to allow the Iraqi National Congress (INC), an Iraqi opposition group, to use $4 million to fund efforts inside Iraq to compile information relating to Baghdad’s war crimes, military operations, and other internal developments. The money had been authorized by Congress in late 2004. The US has not directly funded Iraqi opposition activities inside Iraq itself since 1996. [Guardian, 2/3/2005]
White House Downplays Significance - After Paul O’Neill first provides his account of this meeting in 2004, the White House will attempt to downplay its significance. “The stated policy of my administration toward Saddam Hussein was very clear,” Bush will tell reporters during a visit to Mexico In January 2004. “Like the previous administration, we were for regime change.… And in the initial stages of the administration, as you might remember, we were dealing with desert badger or fly-overs and fly-betweens and looks, and so we were fashioning policy along those lines.” [New York Times, 1/12/2004]

Entity Tags: Richard B. Myers, Hugh Shelton, Paul O’Neill, George W. Bush, Colin Powell, Donald Rumsfeld, George J. Tenet, Condoleezza Rice, Craig Unger, Iraqi National Congress

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

According to a US intelligence report drafted in October 2001, a source reports in February 2001 that a person he identifies as “the big instructor” complains frequently that the US has not yet attacked. This is apparently a reference to the lack of a US response to the USS Cole bombing by al-Qaeda (see October 12, 2000). The 9/11 Commission will say that the “big instructor” is “probably a reference to bin Laden.” The Commission will add, “According to the source, bin Laden wanted the United States to attack, and if it did not he would launch something bigger.” [9/11 Commission, 7/24/2004, pp. 191, 507]

Entity Tags: Osama bin Laden, 9/11 Commission

Timeline Tags: Complete 911 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

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