Profile: Federal Bureau of Investigation (FBI)

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Federal Bureau of Investigation (FBI) was a participant or observer in the following events:

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Arthur Friedlander.Arthur Friedlander. [Source: Defense Department / Larry Otsby]The New York Times reports that the FBI is investigating the possibility that the anthrax used in the 2001 anthrax attacks was smuggled out of USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland. Arthur Friedlander, a senior USAMRIID scientist, says that researchers at USAMRIID use wet anthrax only and have no idea how to make dry powders (the anthrax used in the attacks was a dry powder). But FBI agents are questioning USAMRIID scientists about the possibility that someone could smuggle out some of the anthrax and refine it elsewhere. Luann Battersby, a microbiologist who worked at USAMRIID from 1990 to 1998, says FBI agents interviewed her for three hours on June 12 about the smuggling theory. She says: “I said it was extremely easy to do.… A quarter-million micro-organisms fit in the period at the end of a sentence. It doesn’t take any great strategy to take this stuff out.” [New York Times, 6/23/2002]

A curious Congressional briefing takes place on June 24, 2002. Barbara Hatch Rosenberg, a professor and biological arms control expert, has been publicly hinting that she knows who is behind the 2001 anthrax attacks. She has been describing a profile that perfectly matches Steven Hatfill without actually naming him or giving any other name (see February-June 2002). On this day, she takes part in a closed door meeting with congressional staffers from the Senate Judiciary Committee to discuss her theories. Van Harp, the head of the FBI’s anthrax investigation, Robert Roth, a top manager of the investigation, and other FBI officials also attend the meeting. Rosenberg lays out her theories but fails to name her sources or give any hard evidence. At one point, Harp asks her in frustration: “Do you know who did this? Do you know?” She say she does not. Harp has a private conversation with Rosenberg after the meeting. [Washington Post, 9/14/2003] It is unknown what is said, but the next day, the FBI searches Hatfill’s apartment and tips off the media to the search, beginning a public focus on Hatfill as the FBI’s main suspect (see June 25, 2002).

Brad Garrett.Brad Garrett. [Source: ABC News]The FBI search the home of a scientist who worked at USAMRIID, the US Army’s biological laboratory at Fort Detrick, Maryland. [Associated Press, 6/25/2002] This scientist remains anonymous in most stories, but some name him as Steven Hatfill. The search comes just one day after professor Barbara Hatch Rosenberg briefed a senate committee and FBI officials on her theory that Hatfill was responsible for the anthrax attacks (see February-June 2002 and June 24, 2002). The FBI announces that the search found nothing and Hatfill is not a suspect. In the wake of all these stories, one microbiologist states, “Their intent was clearly to put [Hatfill’s] name in the public eye. The only question is why.” [Hartford Courant, 6/27/2002]
Media Tip Off - The media is tipped off in advance to the search. Even as Hatfill is signing a search authorization, news helicopters are already seen flying towards his apartment. Within minutes, droves of reporters arrive. FBI agent Robert Roth, who is part of the search, will later admit in court that “probably several hundred” people knew in advance about the search. Hatfill will continue to cooperate with the FBI.
Tip Off Called Inappropriate - But FBI agent Brad Garrett, also involved in the search, will later comment, “I wouldn’t have spoken to us after that [media tip off].” Asked if it was appropriate to tip off the media beforehand, he will reply, “Absolutely not.…. [I]t’s clearly not appropriate or even responsible to do that in reference to the person you are searching. He’s not been charged. He has not gone to court.” Additionally, it could forewarn “people you are coming to search” and tip off accomplices. [Los Angeles Times, 6/29/2008]

An FBI agent checking a dumpster near Steven Hatfill’s apartment.An FBI agent checking a dumpster near Steven Hatfill’s apartment. [Source: WUSA]In July 2002, anthrax attacks suspect Steven Hatfill is put under 24-hour surveillance. The surveillance comes after bloodhounds allegedly link Hatfill to the anthrax letters at some point in July. (This bloodhound evidence will be quickly debunked by the media, but apparently this does not dissuade the FBI (see August 4, 2002)). [Vanity Fair, 9/15/2003] The surveillance is quite open and obvious at times. In December 2002, Hatfill alleges that a virtual caravan of unmarked vans and cars are keeping him under constant surveillance, following him on errands and to restaurants, and driving past his house with a video camera pointed out the window. He also believes that his telephone is being wiretapped. [United Press International, 12/23/2002] In May 2003, Hatfill walks up to one of the agents following him attempts to videotape him. The agent drives into Hatfill and runs over his foot. Remarkably, the driver is not punished but Hatfill gets a five-dollar ticket for “walking to create a hazard.” Mike Hayes, a retired 20-year FBI agent specializing in surveillance, says to a reporter regarding the FBI’s behavior with Hatfill, “What you’re describing—really obvious surveillance—doesn’t make a lot of sense.” [Baltimore Sun, 5/20/2003] Shortly after the incident, USA Today reports, “FBI officials believe they can’t risk the embarrassment of losing track of Hatfill, even for a few hours, and then being confronted with more anthrax attacks.” Privately, Hatfill’s lawyer suggests that Hatfill could be outfitted with a satellite-guided tracking device and allow an FBI agent to stay with him at all times, but the FBI rejects the offer. [Los Angeles Times, 6/29/2008] The surveillance continues until late 2003 and is very intermittent after that. [Baltimore Sun, 7/21/2004] The FBI will later admit that this type of open surveillance of a suspect is against FBI guidelines. However, when the FBI’s focus turns to Bruce Ivins in 2007, they will use the same technique on him (see Autumn 2007-July 29, 2008).

Zacarias Moussaoui indicates that he is willing to disclose information to the US authorities, but his overtures are rejected by the FBI and the Justice Department. After learning of Moussaoui’s offer, Minneapolis FBI counsel Coleen Rowley contacts assistants to FBI director Robert Mueller and to Justice Department manager Michael Chertoff. She says she is worried about Moussaoui’s research into cropdusting and wind patterns, and that the information he could provide may prove useful averting a second strike by al-Qaeda. Rowley will later comment: “But by that time Moussaoui had been charged with the death penalty and I deduced that [attorney general John] Ashcroft would not allow any potential for bargaining leverage to be injected into the case.” [Huffington Post, 5/2/2007]

CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

More questions emerge in British newspapers about the conviction of Saeed Sheikh for reporter Daniel Pearl’s murder in the days immediately after the verdict. Pakistani police have secretly arrested two men who many believe are the real masterminds of Pearl’s murder, and official confirmation of these crucial arrests could have ended Saeed’s trial. [Guardian, 7/18/2002] On May 16, Pearl’s body was found and identified, but the FBI does not officially release the DNA results because official confirmation of the body would also have meant a new trial. [Independent, 7/16/2002] Pakistani officials admit they waited to release the results until after the verdict. [Guardian, 7/18/2002] After the trial ends, Pakistani officials admit that the key testimony of a taxi driver is doubtful. The “taxi driver” turns out to be a head constable policeman. [Guardian, 7/18/2002] One of the co-defendants turns out to be working for the Special Branch. [Independent, 7/21/2002] According to Pakistani law, the trial needed to be completed in a week, but in fact it took three months. The trial judge and the venue were changed three times. [BBC, 7/16/2002] The trial was held in a bunker underneath a prison, and no reporters were allowed to attend. When all the appeals are done, it is doubtful that Saeed will be extradited to the US, “because Mr. Sheikh might tell the Americans about the links between al-Qaeda and Pakistan’s own intelligence organization.” [Independent, 7/16/2002] Meanwhile, at least seven more suspects remain at large. All have ties to the ISI, and as one investigator remarks, “It seems inconceivable that there isn’t someone in the ISI who knows where they’re hiding.” [Time, 5/6/2002]

FBI Executive Assistant Director for Counterterrorism Dale Watson says he thinks Osama bin Laden is “probably” dead. According to the BBC, this is “thought to be the first time a senior US law enforcement official has publicly offered an opinion on whether bin Laden… is dead or alive.” “Is [bin Laden] alive or is he dead?” Watson says at a law enforcement conference in Washington, DC. “I am not really sure of the answer.… I personally think he is probably not with us anymore but I have no evidence to support that.” The BBC will add that “Watson’s comments suggest that the FBI, at least, has no firsthand information that confirms bin Laden is still alive.” However, other US officials tell the Associated Press they are surprised by Watson’s remarks, as the US administration’s official position remains that it does not know where bin Laden is, or whether he is still alive. [BBC, 7/18/2002]

An editorial in an Indian newspaper wonders why the US is still not interrogating Saeed Sheikh, recently convicted of murdering Daniel Pearl. Saeed was briefly interrogated by the FBI in February, but they were unable to ask about his links to al-Qaeda, and no known US contact has taken place since. [Independent, 7/16/2002; Indian Express, 7/19/2002] The editorial suggests that if the US pressures its close ally Pakistan to allow Saeed to be interrogated in his Pakistani prison, they could learn more about his financing of the 9/11 attacks and the criminal underworld that Saeed was connected to. Also, US attempts to find al-Qaeda cells in Pakistan could be strongly boosted with new information. [Indian Express, 7/19/2002]

Although US authorities are aware that Zacarias Moussaoui has one e-mail account and recover e-mails from it, he now says that he has another two, but the FBI is unable to find any trace of them (see August 17-November 11, 2001 and After). E-mails sent from the first address, pilotz123@hotmail.com, have been recovered and will be produced at his trial. However, the other two addresses, xdesertman@hotmail.com and olimahammed@hotmail.com, were not uncovered by the FBI’s post-9/11 investigation and US authorities only learn of them from a statement made at this time by Moussaoui, who says the e-mails could provide him with an alibi and that he accessed the accounts from various computers, including his laptop, one at a Kinko’s outlet, and one at the University of Oklahoma. However, Microsoft, which operates Hotmail, says it is unable to locate any records of the accounts and that they do not exist. As the accounts have been inactive for over a year and all data for a hotmail account is deleted after 90 days of inactivity, no e-mails can be retrieved. Had the FBI asked Microsoft about the addresses within the 90-day period, they may have found information about the e-mails, but they did not do so because they did not know about them—the FBI decided not to interview Moussaoui after 9/11 (see September 11-12, 2001 and Early July 2002). The hard drives at the Kinko’s outlet had been wiped by the time the FBI arrived in September 2001 and no record of Moussaoui’s computer use there is found. Moussaoui had a receipt for the Kinko’s outlet with him when he was arrested, so the FBI might have been able to examine the Kinko’s computers before the hard drives were wiped if they had acted more promptly (see August 17-November 11, 2001 and After). [Wired News, 8/30/2002; internetnews (.com), 8/30/2002; CNN, 9/4/2002; CNN, 12/31/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006]

In an article titled, “Anthrax: the Noose Widens,” Time magazine reports, “Despite recent claims by some in the bioterrorism community that the investigation should be homing in on one particular American bioweapons expert, the FBI appears to be moving in the opposite direction. US government officials say the investigation is still ranging far and wide and that the FBI has not ruled out a foreign connection.” [Time, 7/21/2002] The unnamed expert is a clear reference to Steven Hatfill. The FBI will name him a “person of interest” in the investigation days later (see August 1, 2002).

US attorney for New Jersey Christopher Christie opposed a raid on an associate of the 9/11 hijackers.US attorney for New Jersey Christopher Christie opposed a raid on an associate of the 9/11 hijackers. [Source: Public domain]Both the FBI and the US attorney’s office for New Jersey are highly critical of a raid by the Passaic County sheriff’s office on the business of Mohamed el-Atriss, who supplied the 9/11 hijackers with false IDs (see (July-August 2001) and July 31, 2002). El-Atriss is later arrested and will plead guilty to selling fake IDs (see November 2002-June 2003). According to the sheriff, when US attorney for New Jersey Christopher Christie learns the sheriff intends to hold a news conference about the raid, he tells the sheriff that “he [will] be arrested and the US attorney [will] come down and shut down the Sheriff’s Department.” However, a spokesman for Christie will deny this. [Newark Star-Ledger, 10/20/2003] The FBI also hammers the sheriff in the media after the arrest, calling the raid, in which officers were accompanied by several press representatives, a “shameful media grab” and saying that the sheriff killed an FBI investigation. The Bergen County Record will point out that this is unusual, as “the feds don’t make a habit of lambasting other law enforcement officials publicly or of confirming the existence of secret investigations.” [Bergen Record, 8/7/2002] Federal officials then tell the sheriff’s department not to proceed with any investigations related to el-Atriss until they get clearance from the FBI. [Newark Star-Ledger, 10/20/2003] El-Atriss cooperated with the FBI after 9/11 and promised to “keep his eyes and ears open” for other terrorists (see September 13, 2001-Mid 2002).

Former FBI translator Sibel Edmonds hires attorney David Colapinto of the Washington firm Kohn, Kohn and Calapinto, who sues the FBI under the Freedom of Information Act for full disclosure of all documents related to her allegations against Melek Can Dickerson (see December 4, 2001 and Afternoon February 12, 2002) and her dismissal from the FBI (see March 22, 2002). [Vanity Fair, 9/2005]

The FBI names Steven Hatfill as a “person of interest” in the anthrax attacks (see October 5-November 21, 2001), the first person to be so named. The same day, the FBI conductis a second search of his house after tipping the media off in advance (see August 1, 2002). [Associated Press, 8/1/2002; London Times, 8/2/2002] CBS News initially reports: “Federal law enforcement sources told CBS News that Dr. Steven Hatfill was ‘the chief guy we’re looking at’ in the probe. The sources were careful not to use the word suspect, but said they were ‘zeroing in on this guy’ and that he is ‘the focus of the investigation.’” But later in the day their story is changed and that text is removed. Instead, Hatfill is referred to as “a bio-defense scientist on the FBI’s radar screen for months who’s now emerged as a central figure in the anthrax investigation.” [CBS News, 8/1/2002] On the same day, Barbara Hatch Rosenberg, one of the world’s top anthrax specialists, is interviewed by FBI agents who ask her whether a team of government scientists could be trying to frame Hatfill. Rosenberg has been very publicly critical of the FBI investigation. [Washington Times, 8/3/2002] She actually appears to be a key figure in getting the FBI to focus on Hatfill in the first place (see February-June 2002). Newsweek follows with a lengthy article purporting to detail the entire anthrax investigation, but it focuses entirely on Hatfill and fails to mention others involved in suspicious activities. [Newsweek, 8/4/2002] The Washington Post does a similar story focusing on Hatfill only, and even claims the US biowarfare program ended decades ago, despite revelations in late 2001 that it is still continuing. [Washington Post, 8/4/2002] Attorney General John Ashcroft calls Hatfill a “person of interest” on August 6. [Los Angeles Times, 6/29/2008]

A Justice Department grants administrator sends an e-mail to Louisiana State University’s biomedical research and training center, telling it to “immediately cease and desist” from employing researcher and 2001 anthrax attacks suspect Steven Hatfill on department-funded programs. The next day Hatfill is placed on administrative leave. [CNN, 9/5/2002; Los Angeles Times, 6/29/2008] On September 4, he is fired. [Associated Press, 9/4/2002] A day after that, the person who hired him is fired as well. [Associated Press, 9/5/2002] The LSU center relies on funding from the Justice Department for 97 percent of its money. [Weekly Standard, 9/16/2002] The New York Times will later report that “several senior law enforcement officials expressed embarrassment over the e-mail incident, saying the domestic preparedness office acted improperly because Mr. Hatfill has never been charged with any wrongdoing and has not been [officially] identified as a suspect.” [New York Times, 9/5/2002] Attorney General John Ashcroft and five FBI officials will later testify that they knew of no other instance in which the government had forced an investigative target out of a non-governmental job. [Los Angeles Times, 6/29/2008]

A television film crew at Steven Hatfill’s apartment on August 1, 2002.A television film crew at Steven Hatfill’s apartment on August 1, 2002. [Source: Alex Wong / Getty Images]The FBI conducts a second search of Steven Hatfill’s apartment on the same day he is officially named a “person of interest” in the 2001 anthrax attacks (see October 5-November 21, 2001). FBI agents are seen investigating his trash. [Associated Press, 8/1/2002; London Times, 8/2/2002] As with the first search of his apartment in June (see June 25, 2002), the media is tipped off in advance. An FBI agent involved in the search, Brad Garrett, will later say, “Obviously, someone told them we were going to do that search.” FBI agent Robert Roth, also part of the search, will call the tip offs “just ridiculous.” The fact that the search is made with a court issued warrant is also leaked to the media, implying that Hatfill is no longer cooperating with investigators when in fact he still is. [Los Angeles Times, 6/29/2008]

After the FBI publicly names Steven Hatfill as a “person of interest” in the anthrax investigation on August 1, 2002 (see August 1, 2002), FBI leaders become increasingly fixated on him and fail to follow up on other leads. One anonymous FBI agent involved in the case will later say: “They exhausted a tremendous amount of time and energy on him… I’m still convinced that whatever seemed interesting or worth pursuing was just basically nullified in the months or year following when ‘person of interest’ came out about Hatfill.” Other possibilities are neglected because it is assumed in the FBI that “sooner or later they’ll have this guy nailed.” Another anonymous FBI investigator will say: “Particular management people felt, ‘He is the right guy. If we only put this amount of energy into him, we’ll get to the end of the rainbow.’ Did it take energy away? It had to have. Because you can’t pull up another hundred agents and say, ‘You go work these leads [that] these guys can’t because they’re just focused on Hatfill.’” The Los Angeles Times will later comment, “The preoccupation with Hatfill persisted for years, long after investigators failed to turn up any evidence linking him to the mailings.” [Los Angeles Times, 6/29/2008]

Senator Richard Shelby.
Senator Richard Shelby. [Source: US Senate]The Washington Post reveals that FBI agents have questioned nearly all 37 senators and congresspeople making up the 9/1 Congressional Inquiry about 9/11-related information leaks. In particular, in June 2002 the media reported that the day before 9/11 the NSA intercepted the messages “The match is about to begin” and “Tomorrow is zero hour”(see September 10, 2001). The FBI has asked the members to submit to lie detector tests but most have refused. Congresspeople express “grave concern” for this historically unprecedented move. A law professor states: “Now the FBI can open dossiers on every member and staffer and develop full information on them. It creates a great chilling effect on those who would be critical of the FBI.” [Washington Post, 8/2/2002] Senator John McCain (R-AZ) suggests that “the constitutional separation of powers is being violated in spirit if not in the letter. ‘What you have here is an organization compiling dossiers on people who are investigating the same organization. The administration bitterly complains about some leaks out of a committee, but meanwhile leaks abound about secret war plans for fighting a war against Saddam Hussein. What’s that about? There’s a bit of a contradiction here, if not a double standard.’” [Washington Post, 8/3/2002] Later the search for the source of the leak intensifies to unprecedented levels as the FBI asks 17 senators to turn over phone records, appointment calendars, and schedules that would reveal their possible contact with reporters. [Washington Post, 8/24/2002] Most, if not all, turn over the records, even as some complain that the request breaches the separation of powers between the executive and legislative branches. One senator says the FBI is “trying to put a damper on our activities and I think they will be successful.” [Associated Press, 8/29/2002] In January 2004, it will be reported that the probe is focusing on Sen. Richard Shelby (R-AL). He will not be charged with any crime relating to the leak. [Washington Post, 1/22/2004] In November 2005, the Senate Ethics Committee will announce it has dropped a probe of Shelby, citing insufficient evidence. [Reuters, 11/13/2005] Inquiry co-chair Sen. Bob Graham (D-FL) will write in a book in late 2004 that, at the time, he guessed “the leak was intended to sabotage [the inquiry’s] efforts. I am not by nature a conspiracy theorist, but the fact that we were hit with this disclosure at the moment we began to make things uncomfortable for the Bush administration has stuck with me. Over a year later, I asked [inquiry co-chair] Congressman [Porter] Goss (R-FL) whether he thought we had been set up. Nodding, he replied, ‘I often wonder that myself.’” [Graham and Nussbaum, 2004, pp. 140] Author Philip Shenon will observe that this tactic of intimidation worked, as “Members of the joint committee and their staffs were frightened into silence about the investigation.” [Shenon, 2008, pp. 55]

On June 25, 2002, and again on August 1, 2002, the FBI conducts searches of Steven Hatfill’s apartment, and the media is tipped off in advance. Some FBI agents are upset at the lax security allowing the leaks (see June 25, 2002 and August 1, 2002). At some point after the second search, an unnamed FBI official recommends a criminal probe of the leaks with mandatory polygraph tests. However, according to later court testimony by FBI agent Robert Roth, FBI Director Robert Mueller opposes the idea. Mueller says: “I don’t want to do that.… It’s bad for morale to go after these people.” Apparently, no action is taken and the leaks continue. [Los Angeles Times, 6/29/2008] In at least one media leak in August 2002, it will later be found that one of the leakers was Van Harp, the head of the FBI’s anthrax investigation (see August 4, 2002).

Roscoe Howard Jr.Roscoe Howard Jr. [Source: Associated Press]Newsweek reports that bloodhounds have recently been used in the search for the killer in the 2001 anthrax attacks (see October 5-November 21, 2001). Supposedly, the dogs were presented with “scent packs” lifted from anthrax-tainted letters mailed the year before, even though the letters had long since been decontaminated. The dogs reportedly showed no reaction wherever they were sent, except when taken to the apartment of anthrax suspect Steven Hatfill, where the dogs reportedly become agitated and go “crazy.” It is said they showed similar reactions at the apartment of Hatfill’s girlfriend and a Denny’s restaurant in Louisiana where Hatfill had eaten the day before. [Newsweek, 8/4/2002] However, three days later, the Baltimore Sun reports that managers at all 12 of the Denny’s in Louisiana say they have not been visited by federal agents with bloodhounds. Furthermore, three veteran bloodhound handlers are interviewed and say they are skeptical that any useful scent could have remained on the letters after so much time, as well as after the decontamination. Former officer and bloodhound handler Weldon Wood says, “Anything is possible. But is it feasible, after this length of time and what the letters have been through? I would doubt it.” The Sun suggests, “the possibility exists that the story was a leak calculated to put pressure on Hatfill.” [Baltimore Sun, 8/8/2002] Investigators will later conclude that the dogs’ excitement is useless as evidence. Van Harp, the FBI official in charge of the anthrax investigation, and Roscoe Howard Jr., the US attorney for Washington, DC, will later admit they leaked the bloodhound story to Newsweek. [Los Angeles Times, 6/29/2008]

It is reported on ABC World News Tonight that Steven Hatfill is “known as a person who has worked around anthrax experts, although the FBI concedes he could not himself make anthrax, does not have what they call ‘the bench skills’ to make it.” Hatfill is the FBI’s only publicly named suspect in the 2001 anthrax attacks at this time (see October 5-November 21, 2001 and August 1, 2002). [ABC News, 8/11/2002] But despite this, the FBI will continue to focus on Hatfill for years and apparently will not even consider the possibility of accomplices.

Hatfill holding a press conference on August 11, 2002.Hatfill holding a press conference on August 11, 2002. [Source: Associated Press / Rick Bowner]Anthrax suspect Steven Hatfill defends himself in a public speech and Washington Post interview. He claims that he is being set up as the “fall guy” for the anthrax attacks. He says his life “has been completely and utterly destroyed,” and he has twice lost a job due to the allegations. His lawyer also accuses the FBI of leaking documents to the press and conducting searches of Hatfill’s residence in a highly visible way when a more discreet method could have been arranged. [Washington Post, 8/11/2002; Fox News, 8/12/2002]

The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton.The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Jill Becker / The New York Times]The Times of Trenton, a Trenton, New Jersey, newspaper, reports that there are doubts about the FBI’s recent claim that the mailbox where the anthrax letters were sent has been found (see December 2001-Early August 2002). The newspaper reports, “[I]nvestigators say it is impossible at this point, and might never be determined, whether the Nassau Street mailbox was a point of origin for one of the letters or if it became contaminated through contact with other mail or equipment containing traces of anthrax.” FBI agent Ken Shuey, in charge of the FBI’s temporary field office based in Trenton, says, [W]e can’t say with certainty where the letters entered the mail system until we have some other corroboration or someone confesses.” The difficulty is that the mailbox served two purposes: members of the public could drop letters in it, but it was also used to hold sorted mail for letter carriers to deliver. The mailbox is the only one out of about 650 mailboxes in the area to test positive for anthrax, but there seems to be no way to tell if the anthrax was from letters placed directly into it or cross-contamination by letters from other nearby mailboxes that were passing through it. State Health Commissioner Clifton Lacy says he suspects cross-contamination is to blame for the anthrax detection. FBI spokesperson Bill Evanina says: “We have no idea. It could be something that was placed in the box or it could be cross-contamination. It is way, way too early to tell.” [Times of Trenton, 8/14/2002] Other newspapers fail to report on the cross-contamination problem and, as of September 2008, the FBI has yet to make public information explaining any solution to the problem.

Saud al-Rashid.
Saud al-Rashid. [Source: FBI]A picture of a young Saudi man named Saud al-Rashid is discovered on a CD-ROM that also contains the pictures of three 9/11 hijackers, Nawaf Alhazmi, Khalid Almihdhar, and Abdulaziz Alomari, in an al-Qaeda safe house in Pakistan. A senior US official says that investigators “were able to take this piece of information and it showed clear signals or lines that he was connected to 9/11.” [Associated Press, 8/21/2002; 9/11 Commission, 7/24/2004, pp. 526] Al-Rashid was in Afghanistan in 2000 and 2001, where he met 9/11 hijacker Ahmed Alhaznawi “once or twice” in a guest house. [New York Times, 7/29/2003; 9/11 Commission, 7/24/2004, pp. 526] Six days after the raid, the US issues a worldwide dragnet to find him. [Associated Press, 8/21/2002] But they are unable to catch him because a few days later, he flees from Egypt to Saudi Arabia and turns himself in to the Saudi authorities. The Saudis apparently will not try him for any crime or allow the FBI to interview him. [CNN, 8/26/2002; CNN, 8/31/2002] Although detainees identify him as a candidate 9/11 hijacker, he claims not to have met Osama bin Laden or Khalid Shaikh Mohammed (KSM), or even have heard of al-Qaeda. Under interrogation, KSM says he was headstrong and immature and dropped out of the plot after returning to Saudi Arabia for a visa, either due to second thoughts or the influence of his family. However, doubts will be raised about the reliability of KSM’s statements under interrogation (see August 6, 2007). [9/11 Commission, 7/24/2004, pp. 526] Intriguingly, Al-Rashid’s father is Hamid al-Rashid, a Saudi government official who paid a salary to Omar al-Bayoumi, an associate of both Almihdhar and Alhazmi who is later suspected of being a Saudi agent. [New York Times, 7/29/2003]

Trace elements of anthrax have been found in a post office box across the street from Princeton University in New Jersey. [MSNBC, 8/12/2002] The FBI declares Steven Hatfill has not “received any more attention than any other person of interest in the investigation.” [Fox News, 8/12/2002] Yet Hatfill is the only named “person of interest,” and his photo is the only one being shown by the FBI to residents of the neighborhood near the mailbox. [Associated Press, 8/15/2002] The New York Times will later report, “Criminologists said that only by showing photos of a number of people could investigators have confidence in an eyewitness identification of Dr. Hatfill or any other suspect.” [New York Times, 8/4/2008] Several months later, a law enforcement official admits to the Los Angeles Times that, “to be honest, we don’t have anybody that is real good [as a possible anthrax suspect]. That is why so much energy has gone into Hatfill—because we didn’t have anybody else.” [Weekly Standard, 9/16/2002]

An FBI forensic linguistics expert says the anthrax mailer was probably someone with high-ranking US military and intelligence connections. He says he has identified two suspects who both worked for the CIA, USAMRIID, and other classified military operations. He expresses frustration about accessing evidence. “My two suspects both appear to have CIA connections. These two agencies, the CIA and the FBI, are sometimes seen as rivals. My anxiety is that the FBI agents assigned to this case are not getting full and complete cooperation from the US military, CIA, and witnesses who might have information about this case.” He also says the killer seems to have tried implicating two former USAMRIID scientists who had left the laboratory in unhappy circumstances by posting the letters from near their homes in New Jersey. [BBC, 8/18/2002]

Mohammed Mansour Jabarah.Mohammed Mansour Jabarah. [Source: CBC]A number of governments are given warnings suggesting an upcoming attack on nightclubs on the island of Bali, Indonesia, but this does not prevent the bombing of two nightclubs in Bali in October 2002 (see October 12, 2002). Mohammed Mansour Jabarah, an al-Qaeda operative with Canadian citizenship, attended a meeting held in January 2002 in southern Thailand led by Hambali, an al-Qaeda leader who also heads the al-Qaeda affiliate Jemaah Islamiyah (JI). Hambali announces a new plan to target nightclubs and restaurants in Southeast Asia. A second meeting held shortly thereafter also attended by Jabarah (but not Hambali) narrowed the target to nightclubs in Bali. Jabarah was arrested in Oman in April 2002 and deported to Canada. By August, he is in the US and is interrogated by US agents, and he reveals this attack plan. He also reveals code phrases, such as the use of “white meat” to refer to US targets. As a result, the FBI completes an intelligence report on his interrogation on August 21, and passes a warning to all Southeast Asian governments immediately thereafter. A leading counterterrorism expert will later say, “There is absolutely no question [Australia] would have received [the report] under our intelligence-sharing agreement with the US, [Britain], and Canada.” [Age (Melbourne), 1/23/2003; Sydney Morning Herald, 10/10/2003] A US intelligence report in early September will list six likely targets, including two nightclubs in Bali (see Early September 2002).

Osama Basnan, an alleged associate of 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar, and his wife are arrested for visa fraud. [Newsweek, 11/22/2002; Los Angeles Times, 11/24/2002] One report says he is arrested for allegedly having links to Omar al-Bayoumi. [Arab News, 11/26/2002] On October 22, Basnan and his wife, Majeda Dweikat, admit they used false immigration documents to stay in the US. [KGTV 10 (San Diego), 10/22/2002] Possible financial connections between Basnan and al-Bayoumi, Alhazmi and Almihdhar, and the Saudi royal family are known to the 9/11 Congressional Inquiry (as well as the FBI and CIA) at this time. Remarkably, Basnan is deported to Saudi Arabia on November 17, 2002. His wife is deported to Jordan the same day. [Washington Post, 11/24/2002] Less than a week after the deportations, new media reports make Basnan a widely known suspect. [Newsweek, 11/22/2002]

A picture of Steven Hatfill’s apartment after the FBI went through it.A picture of Steven Hatfill’s apartment after the FBI went through it. [Source: Alex Wong / Getty Images]Anthrax attacks (see October 5-November 21, 2001) suspect Steven Hatfill releases photos he claims show that the FBI “trashed” his girlfriend’s apartment. The photos “evoked an uneasy sense of recognition among law enforcement experts,” who have seen these kinds of strong armed tactics when the FBI is desperate for a conviction. “Veteran FBI-watchers suggest the Bureau, looking at Steven Hatfill off and on for nearly a year, does not have the goods on him. Law enforcement sources confirm he passed a polygraph test administered by the FBI last fall… Apparent absence of evidence suggests either incompetence at the level of false accusations in the 1996 Atlanta Olympic Park bombing—or something worse.” [New York Post, 8/3/2002]

In autumn 2002, US Delta Force units train on a mobile biological weapons factory to prepare them for dealing with mobile biological weapons factories in Iraq. The factory is just like the factories the US accuses the Iraqi government of having but which it does not have. The chief designer of the factory is Steven Hatfill, who is also the FBI’s main suspect at the time for the 2001 anthrax attacks (see October 5-November 21, 2001). Hatfill began designing the factory while working for Science Applications International Corporation (SAIC), a contractor for the US military and the CIA. He begins gathering parts to build it in 2000, and construction began in September 2001, at a metalworking plant near Fort Detrick, Maryland. SAIC fired him in March 2002, after he failed to get a high-level security clearance and he came under suspicion for the October 2001 anthrax attacks. But Hatfill continues to work on the half-built factory on his own, for no pay, until it is finished later that year. Once it is done, Hatfill continues to advise the US military about it, and sometimes supervises Delta Force training exercises on it at Fort Bragg, North Carolina. However, at the same time, the Justice Department and the FBI is heavily investigating Hatfill for the anthrax attacks, and there is a conflict between agencies over Hatfill’s continued role with the factory. The FBI wants to confiscate the factory, but the military will not give it up. Its equipment includes a fermenter, a centrifuge, and “a mill for grinding clumps of anthrax into the best size for penetrating human lungs,” according to experts familiar with it. However, its components are not connected and it is never used to make lethal germs. The FBI examines the unit but finds no anthrax spores or any other evidence linking it to the anthrax attacks. [New York Times, 7/2/2003] Hatfill will be cleared of any connection to the anthrax attacks in 2008 (see June 27, 2008).

The Customs Service intercepts a package sent via Federal Express from the Associated Press bureau in Manila to the AP office in Washington, and turns the contents over to the FBI. The FBI keeps the material, all unclassified and previously publicly disclosed, and fails to inform AP about this. It is claimed they do so to prevent the reporters from reporting their story, which is about government foreknowledge of the 1995 Oklahoma City bombing, and ties with Ramzi Yousef and other Islamic militants in the Philippines. [Associated Press, 3/12/2003]

Mike German.Mike German. [Source: Publicity photo]FBI agent Mike German is assigned to a counterterrorism case involving international militant groups. Apparently a domestic militia group in Tampa, Florida is considering allying with a major, unnamed militant Islamic organization. He becomes concerned that the investigation will fail due to “grave violations of FBI policy and possibly even grave violations of the law.” He complains to the Justice Department’s inspector general, claiming that FBI managers have falsified records, failed to properly handle evidence, falsely discredited witnesses, and failed to adhere to laws and regulations about electronic surveillance. German also sends his complaints directly to FBI Director Robert Mueller. But Mueller does not respond. Some time after German submits his complaints, he is removed from the case. “The phone just stopped ringing, and I became a persona non grata. Because I wouldn’t let this go away, I became the problem.… My entire career has been ruined, all because I thought I was doing the right thing here.” Frustrated with the bureau’s continuing mismanagement, he will retire from the FBI in 2004. [New York Times, 8/2/2004; Government Executive, 1/26/2005] German will later be exonerated in a 2005 Justice Department report investigating his charges (see December 3, 2005).

In the first half of September 2002, a secret report compiled by the CIA, State Department, FBI, NSA, and other US agencies lists six likely bomb targets in Indonesia, including two Bali nightclubs (the Sahid Bali Seaside Resort and the Hard Rock Hotel) that are just a short distance away from the two nightclubs that will ultimately be attacked one month later (see October 12, 2002). The CIA passes the report to its stations in Southeast Asia, alerting them to an imminent attack. The information is at least partially based on the interrogation of al-Qaeda operative Mohammed Mansour Jabarah, who revealed that al-Qaeda is planning an attack on nightclubs and restaurants in Southeast Asia, particularly in Bali (see August 21, 2002). [Guardian, 10/17/2002; Australian Broadcasting Corporation, 6/26/2003] On September 26, 2002, the US embassy in Indonesia issues a public warning that states, “Americans and Westerners should avoid large gatherings, and locations known to cater primarily to a Western clientele such as certain bars, restaurants and tourist areas.” However, the US State Department does not issue any travel warning for Indonesia, and other governments such as Australia do not issue any warnings. There also is no evidence that the owners of Bali nightclubs are given any warnings. [Sydney Morning Herald, 10/10/2003] A US intelligence source will later tell the Guardian, “The State Department didn’t act on [the early September warning] and it’s become a bubbling scandal.” The Guardian will say shortly after the October 2002 Bali bombings that the warning has “fueled a growing row” in the US, Britain, and Australia “over whether Indonesia could have acted sooner against Islamist militants or whether tourists could have been given more warning of the dangers of traveling to resorts like Bali.” [Guardian, 10/17/2002] The Sydney Morning Herald will conclude in 2003 that it is now “impossible for anyone to believe that Mohammed Mansour Jabarah’s interrogation did not result in the US learning of JI’s plan for a terrorist attack in Bali.” Deputy Secretary of State Richard Armitage will later call Jabarah’s warning “stunningly explicit and specific.” [Sydney Morning Herald, 10/10/2003]

The FBI decides not to charge Nabil al-Marabh on any terrorism related charge. Instead, on September 3, 2002, al-Marabh pleads guilty to illegally entering the US in June 2001 (see June 27, 2001-July 11, 2001), and is sentenced to only eight months in prison. [Chicago Sun-Times, 9/5/2002] Federal prosecutors claim that “at this time” there is no evidence “of any involvement by [al-Marabh] in any terrorist organization,” even though he has admitted to getting weapons training in Afghan training camps. [Washington Post, 9/4/2002] Numerous reported ties between al-Marabh and the 9/11 hijackers are apparently not mentioned in the trial (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). The judge states he cannot say “in good conscience” that he approves of the plea bargain worked out between the prosecution and defense, but he seems unable to stop it. He says, “Something about this case makes me feel uncomfortable. I just don’t have a lot of information.” He has a number of unanswered questions, such as how al-Marabh had $22,000 in cash and $25,000 worth of amber jewels on his possession when he was arrested, despite holding only a sporadic series of low-paying jobs. “These are the things that kind of bother me. It’s kind of unusual, isn’t it?” says the judge. [National Post, 9/4/2002] In 2003, the judge at al-Marabh’s deportation hearing will rule that al-Marabh presents “a danger to national security” and is “credibly linked to elements of terrorism” but this will not stop him from being deported.(see January 2004).

FBI translator Melek Can Dickerson and her husband Douglas Dickerson leave the country. Douglas, a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern countries, has been reassigned to Belgium to work on a NATO-related assignment. [Anti-War (.com), 7/1/2004; Vanity Fair, 9/2005] The Dickersons had been recently subpoenaed in Sibel Edmonds’ lawsuit against the FBI (see June 2002) and are the subject of three separate investigations: one by the Air Force Office of Special Investigation, one by the Justice Department, and the third by the Senate Judiciary Committee. [Anti-War (.com), 8/22/2005] The FBI, under court order not to allow the couple to leave the country, requires that Douglas Dickerson swear under oath that he will return if requested by the court. [Anti-War (.com), 7/1/2004; Vanity Fair, 9/2005]

The FBI searches Steven Hatfill’s house for anthrax residue for a third time. Hatfill had moved out several weeks earlier. He is the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). [MSNBC, 9/11/2002]

The FBI arrests six US citizens with a Yemeni background, on information provided by the CIA: Sahim Alwan, Mukhtar al-Bakri, Faysal Galab, Yahya Goba, Shafel Mosed and Yaseinn Taher. Five are arrested in their hometown Lackawanna, a suburb of Buffalo, New York. The sixth, who is connected to the other five, is arrested in Bahrain and then transferred to the US. [CBS News, 11/9/2002] They are hereafter nicknamed “the Lackawanna Six.” They reportedly traveled to Afghanistan in April and May 2001 to join in Islamic jihad and receive military training at the Al Farooq training camp run by al-Qaeda (see April-August 2001). They also allegedly met with Osama bin Laden (see (June 2001)). They are believed to have been encouraged to go to Afghanistan by two American veteran mujaheddin, Juma al-Dosari and Kamal Derwish, who fought in the war in Bosnia and who visited Lackawanna in early 2001. [Washington Post, 7/29/2003] One month later, a federal jury indicts the Lackawanna Six on two counts of providing material support to terrorism. They are charged with supporting terrorism. If found guilty, they could face up to 15 years in prison. All of them plead not guilty. [CBS News, 10/22/2002]

On August 31, 2002, a group mostly made up of American teachers near a mine owned by the US company Freeport-McMoRan are ambushed in the jungles of the Indonesian province of Papua; 3 teachers are killed and 12 injured (see August 31, 2002). According to a Washington Post article published on November 2, 2002, a US intelligence report two weeks later strongly suggests the Indonesian military is behind the killings. According to a US official and another US source, shortly before the ambush, a discussion involving the top ranks of Indonesia’s military (the TNI) take place. Influential commander-in-chief Endriartono Sutarto is involved. Sutarto and the other military leaders discuss discrediting a Papuan separatist group, the Free Papua Movement (OPM). This information is based on a “highly reliable” source said to be knowledgeable about the high-level military conversations, as well as communications intercepts by the Australian government. The discussions do not detail a specific attack nor do they call explicitly for the killing of foreigners, but they clearly target the Freeport company. Subordinates could understand the discussions as an implicit command to take violent action against Freeport. The report suggest the Indonesian military may have wanted to blame an attack on the OPM in order to prod the US to declare the OPM a terrorist group.
FBI Reaches Similar Conclusions - In early October, the FBI briefs State Department and US embassy officials in Indonesia and reveal that their investigation indicates the Indonesian military was behind the ambush, although the determination is not conclusive.
Later Reactions in US - Sen. Patrick Leahy (D-Vt) will later say, “It should surprise no one that the Indonesian army may have been involved in this atrocity. It has a long history of human rights violations and obstruction of justice. The fact that the perpetrators apparently believed they could murder Americans without fear of being punished illustrates the extent of the impunity.” Deputy Defense Secretary Paul Wolfowitz will say he is concerned about the allegations, but suggests the US should nonetheless reestablish ties with the Indonesian military, which had been suspended due to human rights violations. The Indonesian military will later deny any involvement in the killings. [Washington Post, 11/3/2002]
Indonesian Police also Blame Military - However, the Washington Post also reports around the same time that the Indonesian police have concluded in a secret report that the Indonesian military is responsible. They blame Kopassus, the military’s special forces unit, for carrying out the ambush. [Washington Post, 10/27/2002]
No Warnings before Bali Bombings - But neither the US nor Australian governments give any kind of public warning that the Indonesian military could be targeting and killing Westerners, and no known action is taken against the Indonesian government. On October 12, 2002, over 200 people, mostly Westerners, will be killed in bombings on the island of Bali (see October 12, 2002). While the al-Qaeda affiliate group Jemaah Islamiyah will be blamed for the bombings, a retired Indonesian military officer will allegedly confess to having a role but not be charged (see October 16, 2002), and several top Indonesian military generals will also be suspected in media reports (see October 28, 2002).

Eleanor Hill.Eleanor Hill. [Source: Reuters]The 9/11 Congressional Inquiry holds its first public hearing. The inquiry was formed in February 2002, but suffered months of delays. The day’s testimony focuses on intelligence warnings that should have led the government to believe airplanes could be used as bombs. [US Congress, 9/18/2002] However, the Washington Post reports, “lawmakers from both parties… [protest] the Bush administration’s lack of cooperation in the congressional inquiry into September 11 intelligence failures and [threaten] to renew efforts to establish an independent commission.” Eleanor Hill, the joint committee’s staff director, testifies that, “According to [CIA Director Tenet], the president’s knowledge of intelligence information relevant to this inquiry remains classified even when the substance of that intelligence information has been declassified.” She adds that “the American public has a compelling interest in this information and that public disclosure would not harm national security.” [Washington Post, 9/19/2002] Furthermore, the committee believes that “a particular al-Qaeda leader may have been instrumental in the attacks” and US intelligence has known about this person since 1995. Tenet “has declined to declassify the information we developed [about this person] on the grounds that it could compromise intelligence sources and methods and that this consideration supersedes the American public’s interest in this particular area.” [US Congress, 9/18/2002] A few days later, the New York Times reveals this leader to be Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks. [New York Times, 9/22/2002] An FBI spokesman says the FBI had offered “full cooperation” to the committee. A CIA official denies that the report is damning: “The committee acknowledges the hard work done by intelligence community, the successes it achieved…” [MSNBC, 9/18/2002]

Kristen Breitweiser.Kristen Breitweiser. [Source: Hyungwon Kang/ Reuters]Two 9/11 victims’ relatives testify before the Congressional 9/11 inquiry. Kristen Breitweiser, whose husband Ronald died at the WTC, asks how the FBI was so quickly able to assemble information on the hijackers. She cites a New York Times article stating that agents descended on flight schools within hours of the attacks. “How did the FBI know where to go a few hours after the attacks?” she asks. “Were any of the hijackers already under surveillance?” [MSNBC, 9/18/2002] She adds, “Our intelligence agencies suffered an utter collapse in their duties and responsibilities leading up to and on September 11th. But their negligence does not stand alone. Agencies like the Port Authority, the City of NY, the FAA, the INS, the Secret Service, NORAD, the Air Force, and the airlines also failed our nation that morning.” [US Congress, 9/18/2002] Stephen Push states, “If the intelligence community had been doing its job, my wife, Lisa Raines, would be alive today.” He cites the government’s failure to place Khalid Almihdhar and Nawaf Alhazmi on a terrorist watch list until long after they were photographed meeting with alleged al-Qaeda operatives in Malaysia (see January 5-8, 2000 and Shortly After). [MSNBC, 9/18/2002]

National Public Radio (NPR) learns of the administration’s tough approach to what it calls a pattern of information leaks from Congress and government employees. The FBI is investigating a number of Congressmen who are suspected of leaking information about the administration’s Iraq policies to the press (regardless of the presumption that members of Congress have the right to reveal unclassified information as they see fit), but the administration wants more from the FBI than questioning legislators. The administration is pushing the FBI to administer lie detector tests to legislators and federal employees it suspects of talking to reporters. Defense Secretary Donald Rumsfeld wants to jail leakers who work for the government. And one of Rumsfeld’s analysts has suggested that police SWAT teams be sent to reporters’ homes to help find leakers. [Unger, 2007, pp. 256] By August 2002, the FBI also questioned nearly all senators and congresspeople making up the 9/11 Congressional Inquiry to uncover which one of them leaked information to the press (see August 2, 2002).

In an interview with CBS, FBI Director Robert Mueller states, “I can tell you there are things I wish we had done differently. That there are things we should have followed up on. But the bottom line is I do not believe that we would have been able to prevent 9/11.” Speaking about the Zacarias Moussaoui case, he says, “That took us several months, to follow that lead, and it also required the full support of the German authorities, and it would have been very, I think impossible to have followed that particular lead in the days between the time in which Moussaoui was detained and September 11th.” [CBS News, 9/25/2002] This negativism is in sharp contrast to a previous statement he made on May 21, 2002 (see May 21, 2002), as well as the opinion of many rank and file FBI officers, some of whom have made a chart showing how all the hijackers could have been caught if certain leads had been followed. [Newsweek, 6/2/2002] Mueller’s opinion on the Moussaoui case is contradicted by many, including FBI agents working on that case. [Time, 5/21/2002] The media also does not agree. For instance the Independent suggested information on Moussaoui’s computer “might have been enough to expose the Hamburg cell, which investigators believe was the key planning unit for 11 September.” [Independent, 12/11/2001]

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. [Washington Post, 11/19/2003] Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. [Washington Post, 11/20/2003] In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” [Amnesty International, 8/19/2003; CounterPunch, 11/6/2003; CBS News, 1/22/2004; Washington Post, 5/11/2004; CBC News, 11/26/2004; Maher Arar, 1/15/2005]

Dennis Lormel.Dennis Lormel. [Source: Chris Nicodemo]According to author Ron Suskind, after 9/11, US officials from various agencies decide that a man named Pacha Wazir from the United Arab Emirates (UAE) is the main money-handler for al-Qaeda. Wazir runs a chain of hawalas from South Asia to Europe. An FBI team led by Dennis Lormel determines that Wazir handled $67 million in assets for al-Qaeda over a two-year period. But since hawalas leave little to no financial trial, prosecution would be very difficult. [Suskind, 2006, pp. 142-146] In late September 2002, the UAE government freezes millions of dollars of Wazir’s assets and tells him that he is under investigation by the FBI. Wazir asks to meet with the FBI to convince them he is innocent. The FBI had already been preparing to apprehend him and now they put their plan in motion. Wazir is arrested by the CIA while on his way to meet with the FBI. His accounts are frozen and he is taken to a facility somewhere in the UAE for interrogation. But Wazir does not reveal anything useful. His brother is then apprehended in a similar manner, but he does not talk either. Several days later, two of Wazir’s employees operating a store in Karachi, Pakistan, are also apprehended on their way home from work. That night, they are interrogated but refuse to talk. The next morning, the store opens as usual, but the two men are replaced by CIA agents of Pakistani descent who have been specially trained for such an occasion. Pretending to be distant cousins of Wazir temporarily filling in for the other two, they continue to run the store. According to Suskind, “Over the coming months, dozens of key captures in Pakistan and elsewhere would be made because the CIA had taken up residence inside al-Qaeda’s bank.” Wazir and the other three men are rendered to a CIA black site and their fate since is unknown. [Suskind, 2006, pp. 159-161]

Anwar Al Aulaqi.Anwar Al Aulaqi. [Source: Public domain]Shortly after 9/11, the FBI begins to suspect that Anwar Al Aulaqi, an imam to several of the 9/11 hijackers, may have had some connection to the 9/11 plot. They interview him repeatedly, but cannot find enough evidence to charge him, and he cannot be deported since he is a US citizen. Investigators discover he had been arrested more than once for soliciting prostitutes. They learn he is consorting with prostitutes in Virginia, and contemplate jailing him on an obscure law against transporting prostitutes across state lines. However, this plan collapses when he leaves the US unexpectedly in March 2002. [US News and World Report, 6/13/2004] But on October 10, 2002, he makes a surprise return to the US. His name is on a terrorist watch list and he is detained when his plane lands in New York City. Customs agents notify the FBI, but they are told that his name was taken off the watch list just the day before. He is released after only three hours. It has not been explained why he name was taken off the list. Throughout 2002, Al Aulaqi is also the subject of an active Customs investigation into money laundering called Operation Greenquest, but he is not arrested for this either, or for the earlier contemplated prostitution charges. [WorldNetDaily, 8/16/2003] At the time, the FBI is fighting Greenquest, and Customs officials will later accuse the FBI of sabotaging Greenquest investigations (see After March 20, 2002-Early 2003). While in the US, Al Aulaqi visits the Fairfax, Virginia, home of Ali al Timimi, the leader of a nearby Islamic center. According to a later court filing, Aulaqi attempts to get al Timimi to discuss the recruitment of young Muslims for militant causes, but al Timimi does not show interest. Al Timimi will later be sentenced to life in prison in the US for inciting young Muslims to fight in Afghanistan shortly after 9/11. [Washington Post, 2/27/2008] Al Aulaqi then leaves the US again. The FBI will later admit they were “very interested” in Al Aulaqi and yet failed to stop him from leaving the country. One FBI source says, “We don’t know how he got out.” [US News and World Report, 6/13/2004] He will allegedly take part in other militant attacks (see September 15, 2006). By 2008, US intelligence will conclude that he is linked to al-Qaeda (see February 27, 2008).

The New York Times reports that the FBI is refusing to allow Abdussattar Shaikh, the FBI informant who lived with 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar in the second half of 2000 (see May 10-Mid-December 2000), to testify before the 9/11 Congressional Inquiry. The FBI claims Shaikh would have nothing interesting to say. The Justice Department also wants to learn more about him. [New York Times, 10/5/2002] The FBI also tries to prevent Shaikh’s handler Steven Butler from testifying, but Butler will end up testifying before a secret session on October 9, 2002. Shaikh will not testify at all. [Washington Post, 10/11/2002] Butler’s testimony will uncover many curious facts about Shaikh. [New York Times, 11/23/2002; US News and World Report, 11/29/2002; US Congress, 7/24/2003; San Diego Union-Tribune, 7/25/2003]

FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).

Testifying before the 9/11 Congressional Inquiry, former FBI Director Louis Freeh says, “I am aware of nothing that to me demonstrates that the FBI and the intelligence community had the type of information or tactical intelligence which could have prevented September 11th. In terms of the FBI’s capability to identify, investigate and prevent the nineteen hijackers from carrying out their attacks, the facts so far on the public record do not support the conclusion that these tragic events could have been prevented by the FBI and intelligence community acting by themselves.” [US Congress, 10/8/2002]

San Diego FBI agent Steven Butler reportedly gives “explosive” testimony to the 9/11 Congressional Inquiry. Butler, recently retired, has been unable to speak to the media, but he was the handler for Abdussattar Shaikh, an FBI asset who rented a room to hijackers Nawaf Alhazmi and Khalid Almihdhar. Butler claims he might have uncovered the 9/11 plot if the CIA had provided the FBI with more information earlier about Alhazmi and Almihdhar. [New York Times, 10/22/2002] He says, “It would have made a huge difference.” He suggests they would have quickly found the two hijackers because they were “very, very close.” “We would have immediately opened… investigations. We would have given them the full court press. We would… have done everything—physical surveillance, technical surveillance, and other assets.” [US Congress, 7/24/2003 pdf file; San Diego Union-Tribune, 7/25/2003] Butler discloses that he had been monitoring a flow of Saudi Arabian money that wound up in the hands of two of the 9/11 hijackers, but his supervisors failed to take any action on the warnings. It is not known when Butler started investigating the money flow, or when he warned his supervisors. [US News and World Report, 11/29/2002] The FBI unsuccessfully tries to prevent Butler from testifying. [Washington Post, 10/11/2002] This testimony doesn’t stop the US government from deporting Basnan to Saudi Arabia several weeks later. [Washington Post, 11/24/2002]

The directors of the US’s three most famous intelligence agencies, the CIA, FBI and NSA, testify before a Congressional inquiry on 9/11. [US Congress, 10/17/2002; US Congress, 10/17/2002] All three say no individual at their agencies has been punished or fired for any of missteps connected to 9/11. This does not satisfy several on the inquiry, including Senator Carl Levin (D), who says “People have to be held accountable.” [Washington Post, 10/18/2002]

FBI investigators say they are building a “growing circumstantial evidence case” against anthrax attacks suspect Steven Hatfill. Supposedly, “their secret weapon” is bloodhounds tying “scent extracted from anthrax letters” to Hatfill’s apartment. [ABC News, 10/22/2002] But the bloodhound story has already been reported and largely discredited (see August 4, 2002).

Peter Jennings reports on ABC News’ World News Tonight, “The FBI tells ABC News it is very confident that it has found the person responsible” for the 2001 anthrax attacks (see October 5-November 21, 2001). Reporter Brian Ross explains, “That’s right, Peter, Steven Hatfill. And while there’s no direct evidence, authorities say they are building what they describe as a growing case of circumstantial evidence.” [Salon, 8/10/2008] In 2008, Hatfill will be exonerated and given a large cash settlement after a federal judge states there “is not a scintilla of evidence” linking him to the anthrax attacks (see June 27, 2008).

The Washington Post reports in a front-page story, “A significant number of scientists and biological warfare experts are expressing skepticism about the FBI’s view that a single disgruntled American scientist prepared the spores and mailed the deadly anthrax letters that killed five people last year.” More than a dozen experts suggest investigators should “reexamine the possibility of state-sponsored terrorism, or try to determine whether weaponized spores may have been stolen by the attacker from an existing, but secret, biodefense program or perhaps given to the attacker by an accomplice.” These experts suggest that making the type of anthrax used could take a team of experts and millions of dollars. The article focuses on the possibility that Iraq could be to blame, and mentions that unnamed senior Bush administration officials believe Iraq was behind the attacks (see October 28, 2002). However, even though the Post claims “a consensus has emerged in recent months among experts,” only one expert, Richard Spertzel, is named who supports the Iraq theory. Spertzel was the chief biological inspector for the UN Special Commission from 1994 to 1998. He says: “In my opinion, there are maybe four or five people in the whole country who might be able to make this stuff, and I’m one of them. And even with a good lab and staff to help run it, it might take me a year to come up with a product as good.” [Washington Post, 10/28/2002] Although the article doesn’t mention it, the other scientists Spertzel say could make the anthrax are renowned bioterrorism expert William Patrick and several unnamed scientists at Dugway Proving Ground, the US Army’s bioweapons laboratory in Utah, that Patrick trained in anthrax production in 1998. [Vanity Fair, 9/15/2003] This renewed focus on an Iraq-anthrax link coincides with the US push to go to war with Iraq, and will fade after the Iraq war starts.

In 2002, microbiologist Perry Mikesell came under suspicion as the anthrax attacker. Mikesell is an anthrax specialist who worked with Bruce Ivins and others at USAMRIID, the US Army’s top bioweapons laboratory, in the 1980s and 1990s. Since then, he had worked at the Battelle Memorial Institute, a private contractor in Ohio working on classified government bioweapons programs. According to family members, he begins drinking heavily after the FBI starts suspecting him, consuming up to a fifth of hard liquor a day. One relative will later say, “It was a shock that all of a sudden he’s a raging alcoholic.” He dies in late October 2002. The relative will say, “He drank himself to death.” His connection to the anthrax investigation will not be revealed until 2008, and it still is completely unknown why the FBI was focusing on him. Two weeks before his suicide (see July 29, 2008), Ivins will liken the pressure he is facing from the FBI to the pressure that had been put on Mikesell. He will reportedly tell a colleague, “Perry [Mikesell] drank himself to death.” [New York Times, 8/9/2008]

The 9/11 Congressional Inquiry had been frustrated in its attempts to speak with Abdussattar Shaikh (see October 5, 2002), the FBI asset who was a landlord to two of the 9/11 hijackers (see Mid-May-December 2000; May 10-Mid-December 2000). On this day, a senior FBI official sends a letter to Sen. Bob Graham (D-FL) and Rep. Porter Goss (R-FL), the co-chairs of the Inquiry. In explaining why the FBI has been uncooperative and not allowed the informant to testify, the letter says, “the Administration would not sanction a staff interview with the source, nor did the Administration agree to allow the FBI to serve a subpoena or a notice of deposition on the source.” Graham later will comment, “We were seeing in writing what we had suspected for some time: the White House was directing the cover-up.” [Graham and Nussbaum, 2004, pp. 166]

Newsweek reports that hijackers Nawaf Alhazmi and Khalid Almihdhar may have received money from Saudi Arabia’s royal family through two Saudis, Omar al-Bayoumi and Osama Basnan. Newsweek bases its report on information leaked from the 9/11 Congressional Inquiry in October. [Newsweek, 11/22/2002; Newsweek, 11/22/2002; New York Times, 11/23/2002; Washington Post, 11/23/2003] Al-Bayoumi is in Saudi Arabia by this time. Basnan was deported to Saudi Arabia just five days earlier. Saudi officials and Princess Haifa immediately deny any connections to Islamic militants. [Los Angeles Times, 11/24/2002] Newsweek reports that while the money trail “could be perfectly innocent… it is nonetheless intriguing—and could ultimately expose the Saudi government to some of the blame for 9/11…” [Newsweek, 11/22/2002] Some Saudi newspapers, which usually reflect government thinking, claim the leak is blackmail to pressure Saudi Arabia into supporting war with Iraq. [MSNBC, 11/27/2002] Senior US government officials claim the FBI and CIA failed to aggressively pursue leads that might have linked the two hijackers to Saudi Arabia. This causes a bitter dispute between FBI and CIA officials and the intelligence panel investigating the 9/11 attacks. [New York Times, 11/23/2002] A number of senators, including Richard Shelby (R), John McCain (R), Mitch O’Connell (R), Joseph Lieberman (D), Bob Graham (D), Joseph Biden (D), and Charles Schumer (D), express concern about the Bush administration’s action (or non-action) regarding the Saudi royal family and its possible role in funding Islamic militants. [Reuters, 11/24/2002; New York Times, 11/25/2002] Lieberman says, “I think it’s time for the president to blow the whistle and remember what he said after September 11—you’re either with us or you’re with the al-Qaeda.” [ABC News, 11/25/2002] FBI officials strongly deny any deliberate connection between these two men and the Saudi government or the hijackers [Time, 11/24/2002] , but later even more connections between them and both entities are revealed. [US Congress, 7/24/2003 pdf file]

This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
This Homeland Security department logo of an eye peeking through a keyhole was copyrighted but apparently not used. [Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. [New York Times, 11/26/2002; Los Angeles Times, 11/26/2002] However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. [New York Times, 11/20/2002] The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” [New York Times, 11/20/2002; Los Angeles Times, 11/26/2002] Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” [New York Times, 11/26/2002] The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. [Savage, 2007, pp. 110]

Robert Wright, the FBI agent in charge of some groundbreaking investigations into charity fronts before 9/11, has been suspended and under investigation since at least early 2001 (see August 2000 and January-March 2001). However, at this time, his suspension is cleared and he is allowed to work as an FBI agent again. But he is specifically prohibited from working on topics he was investigating before, such as BMI and Yassin al-Qadi. He is not even allowed access to his own files from before his suspension. Wright will later be fired and then reinstated, but it does not appear he is ever able to continue his charity front investigations (see April 30, 2005-October 19, 2005). [Katz, 2003, pp. 186]

An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities.An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities. [Source: USGS via Microsoft]AT&T constructs a secret, highly secured room in its network operations center in Bridgeton, Missouri, used to conduct secret government wiretapping operations. In June 2006, two AT&T workers will tell reporters that the 100 or so employees who work in the room are “monitoring network traffic” for “a government agency,” most likely the NSA. Only government officials or AT&T employees with top-secret security clearance are admitted to the room, which is secured with a biometric “mantrap” or highly sophisticated double door, secured with retinal and fingerprint scanners. The few AT&T employees allowed into the room have undergone exhaustive security clearance procedures. “It was very hush-hush,” one of the AT&T workers recalls. “We were told there was going to be some government personnel working in that room. We were told, ‘Do not try to speak to them. Do not hamper their work. Do not impede anything that they’re doing.’” The Bridgeton facility is the central “command center” for AT&T’s management of all routers and circuits carrying domestic and international Internet traffic. Hence, it is the ideal location for conducting surveillance or collecting data. AT&T controls about a third of all bandwidth carrying Internet traffic to and from homes and businesses throughout the US. The two employees, who both will leave AT&T to work with other telecommunications firms, will say they cannot be sure what kinds of activities actually take place within the secret room. The allegations follow those made by another former AT&T employee, Mark Klein, who will submit an affidavit stating his knowledge of other, similar facilities in San Francisco and other West Coast switching centers, whose construction and operations were overseen by the NSA (see January 2003); the two AT&T employees say that the orders for the San Francisco facility came from Bridgeton. NSA expert Matthew Aid will say of the Bridgeton facility, “I’m not a betting man, but if I had to plunk $100 down, I’d say it’s safe that it’s NSA.” Aid will say the Bridgeton facility is most likely part of “what is obviously a much larger operation, or series of interrelated operations” combining foreign intelligence gathering with domestic eavesdropping and data collection. Former high-level NSA intelligence officer Russell Tice will say bluntly, “You’re talking about a backbone for computer communications, and that’s NSA.… Whatever is happening there with the security you’re talking about is a whole lot more closely held than what’s going on with the Klein case…” The kind of vetting that the Bridgeton AT&T employees underwent points to the NSA, both Aid and Tice will say. Aid will add that, while it is possible that the Bridgeton facility is actually a center for legal FBI operations, it is unlikely due to the stringent security safeguards in place: “The FBI, which is probably the least technical agency in the US government, doesn’t use mantraps. But virtually every area of the NSA’s buildings that contain sensitive operations require you to go through a mantrap with retinal and fingerprint scanners. All of the sensitive offices in NSA buildings have them.” The American Civil Liberties Union’s Jameel Jaffer will add that when the FBI wants information from a telecom such as AT&T, they would merely show up at the firm with a warrant and have a wiretap placed. And both the NSA and FBI can legally, with warrants, tap into communications data using existing technological infrastructure, without the need for such sophisticated surveillance and data-mining facilities as the ones in Bridgeton and San Francisco. Both AT&T and the NSA will refuse to comment on the facilities in Bridgeton, citing national security concerns. [Salon, 6/21/2006]

On October 15, 2001, FBI Director Robert Mueller appointed Van Harp, a 32-year FBI veteran, head of the anthrax attacks investigation. By late 2002, Harp is ready for retirement and senior FBI agent Richard Lambert takes over as the new head. However, like Harp, Lambert seems focused on suspect Steven Hatfill and little interested in other potential suspects. Eventually, some FBI agents will seek a review of Lambert’s administration. One agent will later say: “There were complaints about him. Did he take energy away from looking at other people? The answer is yes.” [Los Angeles Times, 6/29/2008] The FBI will finally drop its interest in Hatfill in late 2006, when Lambert is replaced (see Autumn 2006).

FBI agents raid Ptech offices.FBI agents raid Ptech offices. [Source: ABC News]Federal agents search the offices of Ptech, Inc., a Boston computer software company, looking for evidence of links to Osama bin Laden. A senior Ptech official confirms that Yassin al-Qadi, one of 12 Saudi businessmen on a secret CIA list suspected of funneling millions of dollars to al-Qaeda, was an investor in the company, beginning in 1994. Ptech appears to have connections to other potential terrorist financiers (see 1994). In particular, there seem to be many ties between Ptech and BMI Inc., a New Jersey-based company whose list of investors has been called a “who’s who of designated terrorists and Islamic extremists” (see 1986-October 1999). [Newsweek, 12/6/2002; WBZ 4 (Boston), 12/9/2002] A former FBI counterterrorism official states, “For someone like [al-Qadi] to be involved in a capacity, in an organization, a company that has access to classified information, that has access to government open or classified computer systems, would be of grave concern.” [WBZ 4 (Boston), 12/9/2002] On the day after the raid, US authorities will claim that Ptech’s software has been scrutinized and poses no danger. But security expert John Pike comments, “When you look at all of the different military security agencies that they have as customers, it’s very difficult to imagine how they would not be encountering sensitive information, classified information.” [National Public Radio, 12/8/2002] The search into Ptech is part of Operation Greenquest, which has served 114 search warrants in the past 14 months involving suspected terrorist financing. Fifty arrests have been made and $27.4 million seized. [Forbes, 12/6/2002] However, the raid appears to have been largely for show. Ptech was notified by US officials in November that they were being investigated, and they were told in advance exactly when the raid would take place (see May-December 5, 2002). Top officials in the US government appear to have made up their minds before the results of the raid can even be examined. White House Press Secretary Ari Fleischer comments on the Ptech raid only hours after it ends: “The one thing I can share with you is that the products that were supplied by this company to the government all fell in the nonclassified area. None of it involved any classified products used by the government. The material has been reviewed by the appropriate government agencies, and they have detected absolutely nothing in their reports to the White House that would lead to any concern about any of the products purchased from this company.” [White House, 12/6/2002] The fact that the raid takes place at all appears to be due to the persistence of Operation Greenquest investigators, who are engaged at this time in a bureaucratic battle with other investigators over who will control US government investigations into terrorist financing (see After March 20, 2002-Early 2003). Greenquest will lose this battle early in 2003 and get shut down (see May 13-June 30, 2003). In his 2003 book Black Ice, author Dan Verton will call Ptech an “innocent” casualty of Operation Greenquest’s “scorched-earth” tactics. [Verton, 2003, pp. 223] No charges will be brought against Ptech, and the company will continue fulfilling sensitive government contracts under a new name (see May 14, 2004).

Tom Wilshire, a CIA officer involved in the failed search for hijackers Nawaf Alhazmi and Khalid Almihdhar before 9/11, is interviewed by the Congressional Inquiry and comments on some of the failures. When asked about the failure to watchlist Nawaf Alhazmi based on a cable telling CIA headquarters he had arrived in the US and was a terrorist (see March 5, 2000 and March 6, 2000 and After), Wilshire says: “It’s very difficult to understand what happened with [the] cable when it came in. I don’t know exactly why it was missed. It would appear that it was missed.” Commenting on a meeting in June 2001 where the CIA failed to tell the FBI what it knew about Almihdhar and Alhazmi despite showing them photographs of the two hijackers (see June 11, 2001), Wilshire says: “[E]very place that something could have gone wrong in this over a year and a half, it went wrong. All the processes that had been put in place, all the safeguards, everything else, they failed at every possible opportunity. Nothing went right.” [US Congress, 7/24/2003, pp. 147, 151 pdf file]

The 9/11 Congressional Inquiry concludes its seven month investigation of the performance of government agencies before the 9/11 attacks. A report hundreds of pages long has been written, but only nine pages of findings and 15 pages of recommendations are released at this time, and those have blacked out sections. [Los Angeles Times, 12/12/2002] After months of wrangling over what has to be classified, the final report is released in July 2003 (see July 24, 2003). In the findings released at this time, the inquiry accuses the Bush administration of refusing to declassify information about possible Saudi Arabian financial links to US-based Islamic militants, criticizes the FBI for not adapting into a domestic intelligence bureau after the attacks and says the CIA lacked an effective system for holding its officials accountable for their actions. Asked if 9/11 could have been prevented, Senator Bob Graham (D), the committee chairman, gives “a conditional yes.” Graham says the Bush administration has given Americans an “incomplete and distorted picture” of the foreign assistance the hijackers may have received. [ABC News, 12/10/2002] Graham further says, “There are many more findings to be disclosed” that Americans would find “more than interesting,” and he and others express frustration that information that should be released is being kept classified by the Bush administration. [St. Petersburg Times, 12/12/2002] Many of these findings remain classified after the Inquiry’s final report is released. Senator Richard Shelby (R), the vice chairman, singles out six people as having “failed in significant ways to ensure that this country was as prepared as it could have been”: CIA Director Tenet; Tenet’s predecessor, John Deutch; former FBI Director Louis Freeh; NSA Director Michael Hayden; Hayden’s predecessor, Lieutenant General Kenneth Minihan; and former Deputy Director Barbara McNamara. [US Congress, 12/11/2002; Washington Post, 12/12/2002] Shelby says that Tenet should resign. “There have been more failures on his watch as far as massive intelligence failures than any CIA director in history. Yet he’s still there. It’s inexplicable to me.” [Reuters, 12/10/2002; PBS, 12/11/2002] But the Los Angeles Times criticizes their plan of action: “A list of 19 recommendations consists largely of recycled proposals and tepid calls for further study of thorny issues members themselves could not resolve.” [Los Angeles Times, 12/12/2002]

Bruce Ivins working as a Red Cross volunteer in 2003.Bruce Ivins working as a Red Cross volunteer in 2003. [Source: Associated Press]During a several day search of a pond near Frederick, Maryland, by FBI investigators for clues to the anthrax attacks (see October 5-November 21, 2001), Scientist Bruce Ivins is there with the investigators, working as a Red Cross volunteer. Ivins will commit suicide in 2008 after coming under scrutiny as the FBI’s main suspect in the anthrax attacks (see July 29, 2008). The pond search is highly publicized at the time, and is an unsuccessful effort to find evidence connecting the attacks to Steven Hatfill, the FBI’s main suspect at the time (see December 12-17, 2002). The pond is near USAMRIID, the US Army’s top bioweapons laboratory where Ivins works and Hatfill used to work. As a Red Cross volunteer, Ivins serves coffee, donuts, and snacks to FBI agents and other investigators in a military tent. He is eventually removed after officials realize he is an anthrax researcher who could compromise the investigation. Apparently, Ivins is a regular Red Cross volunteer at the time. Miriam Fleming, another Red Cross volunteer working at the pond search, will later recall that Ivins “was kind of goofy, but he was always in a good mood. He seemed so normal.” [New York Times, 8/7/2008]

At least 15 FBI investigators conduct a six-day search of Gambrill State Park (outside Frederick, Maryland) and Frederick Municipal Forest in connection with the anthrax investigation. Frederick Municipal Forest is located about four miles northwest of USAMRIID, the Army’s principal biodefense laboratory. In addition to a ground search and excavation of some areas, teams of divers search small lakes and ponds in the park. The search is based on suspicions that former USAMRIID government scientist Steven Hatfill may have disposed of laboratory equipment in one of the ponds near his former Maryland home (see February 1999, 1997-September 1999, August 1, 2002, and August 4, 2002). Details of the search are immediately leaked to the media. [ABC News, 12/12/2002; CNN, 12/13/2002; Washington Post, 12/13/2002; Baltimore Sun, 12/13/2002] But the search turns up nothing incriminating. [ABC News, 1/9/2003]

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” [New Yorker, 2/27/2006]

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

Mohammed AsgharMohammed Asghar [Source: CBC]A member of a document-forging and smuggling ring is arrested in Canada in late October 2002. The suspect, Michael Hamdani, tells authorities about a cell of 19 terrorists seeking false passports from a Pakistani smuggling ring in order to gain entry to the US, with five successfully infiltrating the country via Canada on Christmas Eve. [ABC News, 1/6/2003] He tells the FBI that he had been offered a large sum of money to assist with the smuggling of the five men into the US. He admits that he was part of the smuggling and counterfeit document ring; officials also believe that Hamdani has links to terrorist groups. [Washington Post, 1/3/2003] As a result, on December 27, 2002, the FBI issues an all-points bulletin that launches a massive effort by law enforcement officials who fear terrorist attacks over the holiday period. The bulletin is approved by President Bush, who says publicly, “We need to know why they have been smuggled into the country and what they’re doing in the country.” The FBI posts pictures of five of the men on its website, warning that the provided names and ages could be fictitious. They also raid six locations in Brooklyn and Queens. These pictures lead to numerous calls and sightings of the men from around the country. [ABC News, 1/6/2003] During the course of the investigation, an unsubstantiated report surfaces; the FBI learns from a Middle East source that terrorists are planning eight diversionary explosions in New York harbor on New Year’s Eve, to be followed by one large-scale genuine attack. The target is identified as the US Secret Service office in Manhattan. The New York Police Department alerts the US Coast Guard, which closes the harbor to pleasure craft and scrambles a 100-person Maritime Safety and Security Team. This team patrols the harbor with boats mounted with heavy machine guns and carrying tactical officers armed with automatic weapons. No other evidence ever emerges to support the FBI’s source. [Time, 1/5/2003] The man pictured as Mustafa Khan Owasi in one of the FBI photos is found a few days later in Pakistan. [ABC News, 1/6/2003] He says he had once tried to get a false visa in order to travel to Britain, but had been caught in the United Arab Emirates and returned to his home in Lahore, Pakistan. His real name is Mohammed Asghar and he works as a jeweler. He says he suspects the forgers that he provided his information to in order to receive the false visa may have used his identity to create papers for someone else. Investigators begin to doubt the veracity of Hamdani’s claims. [CBC News, 1/2/2003] US experts also find that the polygraph exam of Hamdani administered by Canadian authorities was seriously flawed. The assumption that this polygraph exam was accurate was one of the main motives in issuing the alert. Officials also fail to find any link between Hamdani and al-Qaeda, or any other radical militant organization. No links are discovered between the identities in the passports and extremist groups. [ABC News, 1/6/2003] The FBI realizes that the infiltration story had been fabricated by Hamdani and retracts the terror alert on New Year’s Day. [Time, 1/5/2003] The retraction of the terror alert leads to criticism of the FBI. Michael Greenberger, a former Justice Department official who heads the University of Maryland’s Center for Health and Homeland Security, says, “There is going to be a sort of ‘crying wolf’ scenario… When they put these out, there should be a more thorough explanation to the American public about what they’re doing.” The FBI defends its handling of the situation, saying that it reacted appropriately to the possibility of a real threat and noting that some of Hamdani’s information on the smuggling ring was accurate and led to ten (non-terrorism related) arrests. [Washington Post, 1/8/2003] Hamdani was already facing fraud charges in Canada after the raid that led to his arrest discovered fake passports, Pakistani driving licenses, immigration documents, and counterfeit traveler’s checks. He also had outstanding fraud warrants from the FBI in New York and the Royal Canadian Mounted Police. The FBI believes that Hamdani fabricated the story to avoid extradition to Canada. [ABC News, 1/6/2003] One investigator says, “You wouldn’t trust him as far as you could throw him.” [Time, 1/5/2003]

Joe Webber.Joe Webber. [Source: US Customs]Joe Webber, running the Houston office of the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement, starts investigating a man believed to be raising money for Islamic militants. The suspect is in direct contact with people who are known to be associated with Osama bin Laden. Webber has good cooperation with the local FBI office, federal prosecutors in Houston, and Justice Department officials in Washington. However, he claims that FBI headquarters officials tell him point blank that he will not be allowed to conduct his investigation. After many months of delays from the FBI, friends from within the bureau tell him that headquarters will not allow the investigation to proceed because it is being run by Customs and not by the FBI. Webber is so upset that he eventually becomes a whistleblower. Sen. Charles Grassley and other politicians support his case and say there are other instances where the FBI impedes investigations because of turf battles. Asked if the FBI would put a turf battle above national security, Webber says, “That’s absolutely my impression. You would think, in a post-9/11 environment, that an event like that wouldn’t occur. But it did.” [MSNBC, 6/3/2005]

An internal audit shows that the cutting-edge electronic surveillance system, DCSNet (see 1997-August 2007 and After), is unacceptably vulnerable to hacking and exploitation. The audit finds numerous security vulnerabilities, including the allowing of multiple and shared logins, a lack of firewall and antivirus software, and Windows-based vulnerabilities surrounding the operating system’s administrative functions. Steven Bellovin, a computer science professor and surveillance expert, says the risks from insiders are particularly worrisome. “The underlying problem isn’t so much the weaknesses here, as the FBI attitude towards security,” he says. The FBI assumes “the threat is from the outside, not the inside,” and believes that “to the extent that inside threats exist, they can be controlled by process rather than technology.” He considers the entire system at risk both from insiders and hackers from outside. “Any time something is tappable there is a risk,” Bellovin says. “I’m not saying, ‘Don’t do wiretaps,’ but when you start designing a system to be wiretappable, you start to create a new vulnerability. A wiretap is, by definition, a vulnerability from the point of the third party. The question is, can you control it?” [Wired News, 8/29/2007]

Two FBI agents who were involved in a pre-911 failure, Doug Miller and Mark Rossini, are reportedly “eager” to provide testimony to the 9/11 Commission about that failure. However, the Commission does not issue them with a subpoena or otherwise interview them about the matter. Miller and Rossini were on loan to Alec Station, the CIA’s bin Laden unit, before 9/11, and helped block a cable to the FBI that said 9/11 hijacker Khalid Almihdhar had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). [Congressional Quarterly, 10/1/2008] The Commission will cite the transcript of an interview of Miller by the Justice Department’s inspector general in its final report. [9/11 Commission, 7/24/2004, pp. 502] However, in the interview Miller falsely claims that he remembers nothing of the incident (see (February 12, 2004)). The Commission’s final report will also cite an interview it apparently conducted with Miller in December 2003, although this is in an endnote to a paragraph on terrorist financing. [9/11 Commission, 7/24/2004, pp. 185, 504] As the blocked cable is not discovered by investigators until February 2004 (see Early February 2004), Miller is presumably not asked about it at the interview.

David Nahmias.David Nahmias. [Source: US Department of Justice]US prosecutors in Detroit are trying four men accused of an al-Qaeda plot. The men, Abdel-Ilah Elmardoudi, Karim Koubriti, Ahmed Hannan, and Farouk Ali-Haimoud, were arrested shortly after 9/11. They had been living in a Detroit apartment previously occupied by Nabil al-Marabh (see September 17, 2001). Yousef Hmimssa, a Moroccan national, had lived in the Detroit apartment with al-Marabh. When the FBI raided the apartment, they found fake immigration papers linking Hmimssa and al-Marabh, along with attack plans. [ABC News 7 (Chicago), 1/31/2002] Hmimssa will later be the key witness in the trial against the four arrested Detroit men (see June 2003-August 2004). The FBI later identify three other witnesses—a landlord, a Jordanian informant, and a prison inmate—who linked the four arrested men to al-Marabh (see December 2002). The Detroit prosecutors want to charge al-Marabh as a fifth defendant. However, Deputy Assistant Attorney General David Nahmias prevents them from doing so. He says, “My understanding is that the only connection between al-Marabh and your case was an apparent misidentification by a landlord.” Additionally, memos written by Detroit prosecutors during the trial will later show that they believed the Justice Department was preventing them from introducing some of their most dramatic evidence in the trial. Lead Detroit prosecutor Richard Convertino will later say: “There was a series of evidence, pieces of evidence, that we wanted to get into our trial that we were unable to do. Things that would have strengthened the case immeasurably, and made the case much stronger, exponentially.” For instance, the FBI had learned before the trial that al-Qaeda leader Ibn al-Shaykh al-Libi told US interrogators after his capture that bin Laden had authorized an attack on the US air base in Incirlik, Turkey. The FBI also found sketches in the Detroit apartment of what they believed was the same base. The prosecutors wanted to link this evidence to testimony by the al-Libi, but he was handed over to Egypt to be tortured and prosecutors were not able to interview him or use him as a witness (see January 2002 and After). Turkish authorities will later claim that their own evidence indicates bin Laden did authorize an attack on the base at one point. Detroit prosecutors also later complain that the lone Justice Department lawyer sent to help with the case had no intention of helping with the trial, and spent most of his time in Detroit staying in his hotel room or playing basketball. [Associated Press, 8/9/2004] In 2002, Chicago prosecutor Patrick Fitzgerald is also prohibited from charging al-Marabh with any crime (see January-2002-December 2002).

Jacques Ravel.Jacques Ravel. [Source: New York Times / Brendan Smialowsk]In 2002, scientists mapped the anthrax genome in an attempt to generate new leads for the anthrax attacks investigation. Initially, the results are disappointing because the anthrax used in the letters, which is from the Ames strain, do not seem to differ in any way from the original Ames strain used in many laboratories (see Early-Late 2002). But around early 2003, an unnamed US Army microbiologist at USAMRIID, the US Army’s top bioweapons laboratory, makes a breakthrough. He discovers a morph (also known as a morphotype) that allows scientists to detect differences between the genetic structure of the anthrax used in the attacks and other anthrax. Jacques Ravel, a leading member of the scientific team at the The Institute for Genomic Research (TIGR) that is decoding the anthrax genome, is asked to decode more morphs. After two years, the team is able to decode a total of eight morphs. The head of TIGR will later comment that it was not clear why the FBI did not ask other laboratories to share the task and speed up the process. Other scientists working with the FBI select four of the morphs as having the most reliable unique genetic differences, known as indels. All of the anthrax letters used anthrax containing these four indels. The FBI finally has a unique signature for the anthrax used in the attacks and starts looking for laboratories that have used an exact match. [New York Times, 8/20/2008] Apparently, by early 2004 scientists already know enough to notice a discrepancy with a sample scientist Bruce Ivins has submitted to the investigation, and the FBI raids Ivins’s lab in July 2004 to seize more samples from him (see Early 2004 and July 16, 2004).

The FBI lures a Yemeni terrorism financier, Mohammed Ali Hassan al-Moayad, to Germany as part of a sting operation. One of the assets involved in the operation is Mohamed Alanssi, who works as a mole for the bureau, where he is handled by an agent named Robert Fuller (see November 2001). Alanssi will later say that his role in the operation is to persuade al-Moayad to travel to Germany, where US agents manage to tape him boasting of his involvement in providing money, recruits, and supplies to al-Qaeda, Hamas, and other terrorist groups. Al-Moayad is then arrested together with one of his assistants, Mohammed Mohsen Yahya Zayed. They will later be extradited to the US for trial (see November 16, 2003), but Alanssi’s role in the operation will be revealed in the press and his relationship with the FBI will go sour (see November 15, 2004). [BBC, 11/16/2003; Washington Post, 11/16/2004]

Chief executive officers of telecommunications companies and financial institutions express reluctance to provide data about their customers to three government agencies, the CIA, FBI, and Department of Homeland Security. The CEOs have been providing telephone, Internet and financial records to the CIA and, through it, the NSA to support “black” intelligence operations for some time (see After July 1997), but after 9/11 the FBI asks for the same information that the CIA is getting. Then, after it is established in late 2002, the Department of Homeland Security also wants the same information. The CEOs begin saying, “Look, we’ll do this once but not three times,” and prefer to give the information to the FBI, which has formal subpoenas. The dispute grows so serious that White House homeland security adviser Frances Townsend has to mediate and summons FBI Director Robert Mueller and acting CIA Director John McLauglin to the White House to hammer the issue out. After a series of meetings, they agree to each appoint a senior official to coordinate, ensuring companies are not bombarded with multiple requests. [Woodward, 2006, pp. 324-5]

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

The FBI conducts a very public search of a Miami, Florida, house belonging to Mohammed Almasri and his Saudi family. Having lived in Miami since July 2000, on September 9, 2001, they said they were returning to Saudi Arabia, hurriedly put their luggage in a van, and sped away, according to neighbors. A son named Turki Almasri was enrolled at Huffman Aviation in Venice, Florida, where hijackers Atta and Marwan Alshehhi also studied. [Washington Post, 1/23/2003; Palm Beach Post, 1/23/2003] Neighbors repeatedly called the FBI after 9/11 to report their suspicions, but the FBI only began to search the house in October 2002. The house had remained abandoned, but not sold, since they left just before 9/11. [Palm Beach Post, 1/22/2003; South Florida Sun-Sentinel, 1/22/2003; Washington Post, 1/23/2003; Palm Beach Post, 1/23/2003] The FBI returned for more thorough searches in January 2003, with some agents dressed in white biohazard suits. [Washington Post, 1/23/2003] US Representative Robert Wexler (D), later says, “This scenario is screaming out one question: Where was the FBI for 15 months?” The FBI determines there is no terrorism connection, and apologizes to the family. [United Press International, 1/24/2003] An editorial notes the “ineptitude” of the FBI in not reaching family members over the telephone, as reporters were easily able to do. [Palm Beach Post, 2/1/2003]

The Senate Judiciary Committee issues an interim report titled “FISA Implementation Failures” that finds the FBI has mishandled and misused the Foreign Intelligence Surveillance Act (FISA) in its anti-terrorism measures. The report is written by Arlen Specter (R-PA), Charles Grassley (R-IA), and Patrick Leahy (D-VT). [US Congress, 2/2003] Committee chairman Orrin Hatch (R-UT) not only refused to take part in the report, he issues a letter protesting the report’s findings. Other committee members were invited to take part in drafting the report, but none did so. [Salon, 3/3/2003] Specter says just after the report is issued, “The lack of professionalism in applying the law has been scandalous. The real question is if the FBI is capable of carrying out a counterintelligence effort.” According to the report, both the FBI and the Justice Department routinely employ excessive secrecy, suffer from inadequate training, weak information analysis, and bureaucratic bottlenecks, and will stifle internal dissent to excess as part of their usage of the expanded powers provided under FISA. The report uses as a case study the instance of suspected terrorist Zacarias Moussaoui (see August 16, 2001), who stands accused of conspiring with the 9/11 hijackers. FBI officials in Washington impeded efforts by its agents in Minneapolis, most notably former FBI agent Coleen Rowley, to secure a FISA warrant that would have allowed those agents to search Moussaoui’s laptop computer and belongings before the attack. [US Congress, 2/2003; Associated Press, 2/25/2003] “September 11 might well have been prevented,” says Specter. “What are they doing now to prevent another 9/11?” Grassley adds that in closed Senate hearings, they learned that two supervisors who handled the case did not understand the basic elements of FISA, and a senior FBI attorney could not provide the legal definition of “probable cause,” a key element needed to obtain a FISA warrant. [Associated Press, 2/25/2003] “I hate to say this,” Leahy observes, “but we found that the FBI is ill-equipped” to conduct surveillance on those in the United States possibly plotting terrorist acts on behalf of foreign powers. [Salon, 3/3/2003]
Lack of Cooperation from FBI, Justice Department - The report says that neither the FBI nor the Justice Department were cooperative with the Judiciary Committee in the committee’s efforts to investigate either agency’s actions under FISA, routinely delaying their responses to Congressional inquiries and sometimes ignoring them altogether. The report says that perhaps the most troubling of its findings is “the lack of accountability that has permeated the entire application procedure.” The report notes that although Congressional oversight is critical to ensure a transparent, effective usage of FISA powers (augmented under the USA Patriot Act) that do not stray from legal boundaries, such oversight has been discouraged by both the FBI and the Justice Department. [US Congress, 2/2003] The Justice Department dismisses the report as “old news.” [Patrick Leahy, 2/27/2003] Grassley says, “I can’t think of a single person being held accountable anywhere in government for what went on and what went wrong prior to Sept. 11. It seems that nobody in government makes any mistakes anymore.” [Salon, 3/3/2003]
Spark for New Legislation - The three senators use the report as a springboard to introduce a bill, the “Domestic Surveillance Oversight Act,” which will allow Congress to more closely oversee oversee FBI surveillance of Americans and government surveillance of public libraries, would supervise FISA usage in criminal cases, and disclose the secret rules of the FISA court to Congress. [Associated Press, 2/25/2003] Even though all three senators support a lowering of the standards by which a FISA warrant can be issued, the American Civil Liberties Union says it supports the bill, with reservations. “There’s a lot of concern in this country that, especially with the USA PATRIOT Act, FISA has become a massive tool for secret surveillance,” says ACLU lawyer Timothy Edgar. “One way to assuage those concerns—or show that they’re true—is to have more reporting.” Edgar says that the ACLU worries about the lowering of the standards for such warrants, but as long as the bill implement. [Salon, 3/3/2003] The question of the bill becomes moot, however, as it will never make it out of committee. [US Congress - Senate Judiciary Committee, 3/2003]

Medical examiners match human remains to the DNA of two of the hijackers that flew on Flights 11 and/or 175 into the WTC. The names of the two hijackers are not released. The FBI gave the examiners DNA profiles of all ten hijackers on those flights a few weeks earlier. Genetic profiles of five hijackers from Flight 77 and the four from Flight 93 that did not match any of the passengers’ profiles have been given to the FBI, but the FBI has not given any DNA profiles with which to match them. [CNN, 2/27/2003]

A photo taken during KSM’s alleged arrest in Pakistan.A photo taken during KSM’s alleged arrest in Pakistan. [Source: Associated Press]Khalid Shaikh Mohammed (KSM) is reportedly arrested in Rawalpindi, Pakistan. [Associated Press, 3/1/2003] Officials claim that he is arrested in a late-night joint Pakistani and FBI raid, in which they also arrest Mustafa Ahmed al-Hawsawi, the purported main financer of the 9/11 attacks. [MSNBC, 3/3/2003] An insider informant allegedly tips off authorities to KSM’s location, and is given the $25 reward money for his capture (see Shortly Before March 1, 2003). However, some journalists immediately cast serious doubts about this arrest. For instance, MSNBC reports, “Some analysts questioned whether Mohammed was actually arrested Saturday, speculating that he may have been held for some time and that the news was made public when it was in the interests of the United States and Pakistan.” [MSNBC, 3/3/2003] There are numerous problems surrounding the US-alleged arrest of KSM:
bullet Witnesses say KSM is not present when the raid occurs. [Associated Press, 3/2/2003; Associated Press, 3/2/2003; Australian Broadcasting Corporation, 3/2/2003; Guardian, 3/3/2003; New York Times, 3/3/2003]
bullet There are differing accounts about which house he is arrested in. [Associated Press, 3/1/2003; Los Angeles Times, 3/2/2003; Los Angeles Times, 3/3/2003]
bullet There are differing accounts about where he was before the arrest and how authorities found him. [Time, 3/1/2003; Washington Post, 3/2/2003; Washington Post, 3/2/2003; New York Times, 3/3/2003; New York Times, 3/4/2003]
bullet Some accounts have him sleeping when the arrest occurs and some don’t. [Los Angeles Times, 3/2/2003; Reuters, 3/2/2003; New York Times, 3/3/2003; Daily Telegraph, 3/4/2003]
bullet Accounts differ on who arrests him—Pakistanis, Americans, or both. [CNN, 3/2/2003; Los Angeles Times, 3/2/2003; New York Times, 3/2/2003; Daily Telegraph, 3/3/2003; London Times, 3/3/2003; Associated Press, 3/3/2003]
bullet There are previously published accounts that KSM may have been killed in September 2002 (see September 11, 2002).
bullet There are accounts that he was captured in June 2002 (see June 16, 2002).
These are just some of the difficulties with the arrest story. There are so many problems with it that one Guardian reporter says, “The story appears to be almost entirely fictional.” [Guardian, 3/6/2003] In addition, 9/11 Commission Chairman Tom Kean and Vice-chairman Lee Hamilton will write in a 2006 book that the arrest is made in an apartment in Karachi and carried out by a joint CIA, FBI and Pakistani team (see Early 2003).

Senator John D. Rockefeller (D-WV), the ranking Democrat on the Senate Intelligence Committee, writes a letter to FBI Director Robert Mueller. Rockefeller asks for an FBI investigation of the forged Iraq-Niger documents (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), because “the fabrication of these documents may be part of a larger deception campaign aimed at manipulating public opinion and foreign policy regarding Iraq.” An FBI inquiry, Rockefeller writes, “should, at a minimum, help to allay any concerns” that the Bush administration itself created the documents to build support for the war. Committee chairman Pat Roberts (R-KS) refuses to sign the letter [Washington Post, 3/22/2003; Unger, 2007, pp. 292] , saying he believes it would be inappropriate for the FBI to launch such an inquiry. Secretary of State Colin Powell denies any role by the US government in creating the documents. [Associated Press, 3/14/2003] The FBI will not respond to Rockefeller’s request. [Future of Freedom Foundation, 9/2003]

Iyman Faris.Iyman Faris. [Source: Justice Department]Shortly after al-Qaeda leader Khalid Shaikh Mohammed (KSM) is captured in Pakistan in early March 2003 (see March 1, 2003), US investigators discover an e-mail sent to KSM from an associate in the US. They learn the e-mail is from Iyman Faris, a truck driver living in Columbus, Ohio, who is a naturalized US citizen from Kashmir, Pakistan. Faris had been working on a plot to bring down the Brooklyn Bridge by cutting its suspension cables, but in the e-mail he complained to KSM that such a plot would be impossible to carry out. Faris is secretly arrested around the middle of March, and taken to a government safe house in Virginia. FBI agents threaten to have him declared an enemy combatant unless he cooperates, and also offer to move his extended family from Pakistan to the US if he does cooperate. He agrees, and begins phoning and sending e-mail messages to other al-Qaeda operatives while the FBI watches. A senior US official will later say: “He was sitting in the safe house making calls for us. It was a huge triumph for law enforcement.” Faris pleads guilty in early May to providing material support to al-Qaeda. [Time, 6/30/2003] In late June, Newsweek reveals Faris’s links to al-Qaeda and KSM, presumably ending his effectiveness as an informant. Interestingly, Newsweek notes that Faris got a speeding ticket in Ohio in May, suggesting he was being allowed to travel. [Newsweek, 6/15/2003] The charges against him are made public days after the Newsweek article. He later withdraws his guilty plea, but is subsequently convicted and sentenced to 20 years in prison. [CBS News, 6/14/2004]

On March 17, 2003, the National Alert Level is raised to orange. The FBI warns of terror strikes directed by Iraqi leader Saddam Hussein or “allied or sympathetic terrorist organizations, most notably the al-Qaeda network.” This warning clearly attempts to establish a connection between Saddam Hussein and the terrorist activities of al-Qaeda. Interestingly, this third orange alert comes three days before President Bush invades Iraq, opening what he calls the “central front of the War on Terror.” The attack claim is debunked by future CIA director Porter Goss, then the chair of the House intelligence committee. He states that there is no intelligence which suggests a new attack. [Rolling Stone, 9/21/2006 pdf file] The next day, the Arizona National Guard is alerted and sent to an Arizona nuclear plant because “an attack by al-Qaeda agents [is] imminent.” No attack materializes. [News Hounds, 10/9/2004]

The FBI issues a reward of $5 million for information on Adnan Shukrijumah, starting a world-wide manhunt that will last for years. Shukrijumah lived in the same area as most of the 9/11 hijackers and was reportedly seen with Mohamed Atta in the spring of 2001 (see May 2, 2001), when he was being investigated by the FBI over two terrorist plots (see April-May 2001 and (Spring 2001)). Information gleaned from detainees sugests that Shukrijumah is a top al-Qaeda operative who was trained in Afghanistan and is associated with 9/11 architect Khalid Shaikh Mohammed and Jose Padilla (see June 10, 2002). In May 2004 Attorney General John Ashcroft will even single out Shukrijumah as the most dangerous al-Qaeda operative planning to attack the US. However, despite reported sightings in Central America, he is still on the run in 2006 and believed to be hiding in the tribal areas of Pakistan. [US News and World Report, 4/7/2003; USA Today, 6/15/2003; FrontPage Magazine, 10/27/2003; 9/11 Commission, 8/21/2004, pp. 40-41 pdf file; Los Angeles Times, 9/3/2006] US authorities claim he is a pilot and has been receiving flight training outside the US for several years, though they do not release any evidence to substantiate this. His family insists that he is neither a qualified pilot nor an al-Qaeda operative. [USA Today, 6/15/2003; CNN, 9/5/2003]

The FBI and Customs Department had been waging a bureaucratic war over control of Operation Greenquest, a controversial but largely fruitful Customs terrorist finance investigation (see After March 20, 2002-Early 2003). On May 13, 2003, Attorney General John Ashcroft and Homeland Security Secretary Tom Ridge signed a memorandum of agreement giving the FBI near total control over all terrorist finance investigations. According to the memorandum, if the FBI feels the case is related to terrorist financing and should belong to them, “the investigation and operation of the matter shall be led by the FBI.” The agreement also effectively ends Greenquest. The memo states, “The Secretary [of Homeland Security] agrees that no later than June 30, 2003, Operation Greenquest will no longer exist as a program name.” [National Review, 5/27/2003]

Ali Saleh Kahlah Al-Marri, a Qatari citizen and former US college student charged with bank fraud and alleged to be an al-Qaeda sleeper agent (see December 12, 2001), pleads innocent in an Illinois federal court. His court date is set for July 21, but before that can happen, President Bush will designate al-Marri an “enemy combatant” and send him into military custody, where he will be denied access to the US court system (see June 23, 2003). Al-Marri has been in detention in New York City while federal investigators probe his alleged connections to 9/11 hijackers. Al-Marri is charged with credit card fraud (see February 8, 2002) based on his alleged possession of at least 15 unauthorized and counterfeit credit cards; he is alleged to have been part of the al-Qaeda finance network. He is also charged with lying to FBI agents over alleged overseas phone calls to a number associated with an al-Qaeda figure in the United Arab Emirates, Mustafa Ahmed al-Hawsawi, a known al-Qaeda facilitator linked to the 9/11 attacks (see Early-Late June, 2001). Al-Marri is not charged with being personally linked to the attacks. US Attorney Jan Paul Miller says al-Marri has not been charged with a terrorist crime. [Associated Press, 5/29/2003]

An FBI memo released to the American Civil Liberties Union in 2006 (ACLU—see February 23, 2006) documents escalating tensions between FBI and Defense Department personnel stationed at Guantanamo. According to the memo, beginning in late 2002, Defense Department interrogators received encouragement from their superiors to “use aggressive interrogation tactics” that FBI agents believed were “of questionable effectiveness and subject to uncertain interpretation based on law and regulation.” The memo names Major General Geoffrey Miller, the commander of Joint Task Force-Guantanamo, as supporting interrogation methods FBI agents believe “could easily result in the elicitation of unreliable and legally inadmissible information.” FBI personnel took their concerns to senior Pentagon officials, but were ignored. [American Civil Liberties Union, 2/23/2006]

The FBI is initially reluctant to provide documents to the 9/11 Commission team investigating possible links between hijackers Khalid Almihdhar and Nawaf Alhazmi on the one hand and some Saudi government officials on the other.
Investigators' Attitude - The investigators, Michael Jacobson, Raj De, and Hyon Kim, have come to believe that, in author Philip Shenon’s words, there could be “few innocent explanations for why so many Saudis and other Arab men living in Southern California had come forward to help the two hijackers—to help them find a home, to set up bank accounts, to travel.” Jacobson previously worked on the 9/11 Congressional Inquiry and formed the opinion then that FBI officials had tried to hide much of the evidence in its files linked to Almihdhar and Alhazmi.
FBI Drags Its Feet - At first, according to Shenon, the FBI “is as uncooperative with the 9/11 Commission as it had been in the Congressional investigation” and is “painfully slow to meet the Commission’s initial request for documents and interviews.” The three investigators want a formal protest to be made over the foot-dragging, but realize their team leader, Dietrich Snell, will not make one, due to what they perceive to be overcaution on his part. Therefore, they approach 9/11 commissioner and former Deputy Attorney General Jamie Gorelick and she then contacts FBI Director Robert Mueller, warning him he will lose the Commission’s goodwill if he does not start co-operating. [Shenon, 2008, pp. 184-185] In the spring of 2004, Mueller will launch a charm offensive against the Commission and will make significant efforts to comply with its requests (see Spring 2004).

Clockwise from top left: Karim Koubriti, Ahmed Hannan, Abdel-Ilah Elmardoudi, and Farouk Ali-Haimoud.Clockwise from top left: Karim Koubriti, Ahmed Hannan, Abdel-Ilah Elmardoudi, and Farouk Ali-Haimoud. [Source: US Department of Corrections, via Reuters]Verdicts are announced in a trial of four men who lived in a Detroit apartment on 9/11 that had previously been rented by al-Qaeda operative Nabil al-Marabh (see September 17, 2001). Abdel-Ilah Elmardoudi and Karim Koubriti are convicted of conspiring to provide material support to terrorists and also document fraud. Ahmed Hannan is convicted of document fraud. Farouk Ali-Haimoud is cleared of all charges. Justice Department officials, including Attorney General John Ashcroft, assert the men were in an al-Qaeda sleeper cell and had plans to attack targets in the US, Jordan, and Turkey. The verdicts are hailed as the first successful post-9/11 terrorism prosecution. [Washington Post, 12/31/2003] However, the case soon begins to fall apart. The judge learns the prosecution had withheld evidence in the case, and in December 2003, orders an internal Justice Department inquiry. In August 2004, the inquiry asks the judge to throw out the convictions because of prosecutorial misconduct, which he does. For instance, it is revealed that the only witness in the trial, Youssef Hmimssa, told a fellow prisoner that he had made up all his evidence against the defendants. But the prosecution kept this information, and much more that was potentially damaging to their case, from the jury. The Washington Post later reports that the inquiry concludes “the prosecution stuck doggedly to its theory in defiance of plausible explanations and advice from other US government officials. Records suggest prosecutors withheld evidence that cast doubt on their conclusions, even when ordered by superiors to deliver documents to the defense.” By late 2005, it will be reported that a federal grand jury is investigating whether the lead prosecutor, Richard Convertino, or anyone else should be indicted. Convertino meanwhile will sue Ashcroft and other Justice Department superiors, accusing them of mismanaging the case and retaliating against him for testifying critically about the Justice Department before Congress. [Washington Post, 12/31/2003; Associated Press, 8/30/2004; Washington Post, 11/20/2005] But Convertino will later be found not guilty of withholding evidence during the trial. Furthermore, it will be revealed that key evidence withheld from the defense actually would have strengthened the prosecution’s case, not the defense case. The Associated Press will later comment that a new analysis of the evidence suggests that there may have been a Detroit sleeper cell after all (see November 1, 2007).

The 9/11 Commission becomes unhappy with the quality of information being provided by the CIA, FBI, and Pentagon about detainees in US custody who are being interrogated, because “the government’s investigators [are] not asking the detainees the kinds of questions [it wants] answered” - they are asking about future threats rather than the history of the 9/11 plot. The Commission is receiving detainee evidence “third-hand - passed from the detainee, to the interrogator, to the person who writes up the interrogation report, and finally to [its] staff in the form of reports, not even transcripts.” It can take up to six weeks for a report on an interrogation to be produced. Due to the absence of any interaction between Commission staff and detainees, they also have “no way of evaluating the credibility of detainee information.” [Kean and Hamilton, 2006, pp. 119-123] In at least one case, it seem possible that the 9/11 Commission was not given all the information from CIA interrogations that it needed. Counterterrorism expert Rohan Gunaratna will later independently view some interrogation transcripts, and from them he will claim that Khalid Shaikh Mohammed (KSM) confessed to attending a pivotal al-Qaeda summit in Malaysia where the 9/11 plot was discussed (see January 5-8, 2000). The CIA was in charge of monitoring this meeting, so their failure to notice the presence of KSM, a photographed and well-known terrorist mastermind with a $2 million bounty on his head at the time, would have been nearly inexplicable (see July 9, 2003). The Commission subsequently requests direct access to the detainees, but this request is not granted (see November 5, 2003-January 2004).

FBI agent Robert Wright holds a second press conference, accusing the FBI of obstructing the Vulgar Betrayal investigation before 9/11, and then engaging in a cover up after 9/11. He criticizes what he calls the FBI’s “pathetic anti-terrorism efforts.” He says, “the FBI does not want Congress and others to know how the FBI’s international terrorism unit was instrumental in the collapse of the Middle East peace process. The documents detail how the FBI allowed known terrorists, their co-conspirators and financiers to operate and roam freely throughout the United States while simultaneously turning a blind eye to the criminal activities of terrorists and obstructing those of us who are truly trying to identify them and neutralize them.” He also states, “I blame the FBI’s international terrorism unit for being instrumental in the collapse in the Middle East peace process in the 1990s.” [Federal News Service, 6/2/2003; CNN, 6/19/2003] The FBI responds by launching a dubious disciplinary investigation into Wright (see After June 2, 2003-December 2003). The same day Wright makes these allegations, news reports will indicate suspected Hamas operatives are still living openly in the US (see June 2-5, 2003).

Robert Jordan.Robert Jordan. [Source: KGW]Beginning in 1999, the FBI had conducted five disciplinary investigations of FBI agent Robert Wright and failed to find any wrongdoing. But within days of Wright’s second press conference (see June 2, 2003), they launch yet another investigation about him, claiming his media appearances show he was insubordinate. [Chicago Tribune, 4/22/2005] Senators Charles Grassley (R) and Patrick Leahy (D) quickly hear of this new investigation and co-author a letter to FBI Director Robert Mueller on July 12. The letter states, “We are troubled by the FBI’s apparent haste to launch [a disciplinary] investigation every time an agent speaks publicly about problems within the FBI… The FBI should worry more about catching terrorists than gagging its own agents.” The senators demand a briefing on what is happening. [CNN, 6/19/2003; Chicago Tribune, 7/13/2004] In July 2003, FBI agent Royden Rice speaks to a reporter from the LA Weekly. Wright will later sue the FBI, alleging that Rice disclosed classified information to the reporter in an attempt to smear him. Rice denies the charges and the case is still pending. [LA Weekly, 7/22/2005] In December 2003, John Roberts, the third highest ranking official in the FBI’s disciplinary office, writes a memo about FBI Assistant Director Robert Jordan and Deputy Assistant Director Jody Weis. The memo claims that Jordan and Weis were overheard saying that Wright’s second press conference (see June 2, 2003) would give them an opportunity to “take him out.” Roberts also refers to an e-mail from a higher up in the Chicago FBI office asking for permission to do a media smear job on Wright (it is not known if this agent is Rice or someone else). Roberts claims that Jordan and Weis are misusing the FBI’s disciplinary process to silence and punish whistleblowers like Wright. He also claims that the allegations against Wright were not serious enough for a disciplinary investigation and at most Wright should have faced a written reprimand, since no classified information was disclosed. Roberts says, “I was left with the clear understanding that I was to… deceive, misrepresent, and hide… the facts of this matter.” [Chicago Tribune, 7/13/2004; New York Post, 7/14/2004] Even though details of Roberts’ memo will be revealed to the press in 2004, the investigation into Wright will continue and result in him being fired in 2005. Senators Grassley and Leahy will write at least three more letters to Mueller demanding explanations, but still will receive no answer. Later in 2005, Wright’s dismissal will be overruled by the Justice Department and he will be reinstated (see April 30, 2005-October 19, 2005). There appears to have been no investigation into the behavior of Jordan and Weis. [LA Weekly, 7/22/2005]

Abdelhaleem Ashqar.Abdelhaleem Ashqar. [Source: Paul J. Richards / Agence France-Presse / Getty Images]NBS News and ABC News report that Mohammad Salah is living openly in Chicago. The US government had declared Salah a “designated global terrorist,” in 1995 and his name has remained on the list ever since (see February 1995). Salah was convicted in Israel for being a member of Hamas and served five years in prison. Suspected Hamas fundraiser Jamil Sarsour is running a grocery store in Milwaukee, Wisconsin. US officials say Sarsour helped finance a string of suicide bus bombings in Israel, including one that killed two Americans. He also spent several years in an Israeli prison in the 1990s. Furthermore, suspected Hamas fundraiser Abdelhaleem Ashqar is working as a professor at Howard University in Washington. NBC additionally reports there are “about two dozen [other] alleged Hamas operatives in the United States now under investigation by the FBI.” FBI agent Robert Wright began investigating these men and others in the early 1990s. For instance, Ashqar organized a secret Hamas fundraising meeting in Philadelphia in the early 1990s that was wiretapped by the FBI (see October 1993). Wright believes Sarsour has been a pivotal figure in sending funds from the US to Hamas overseas since the early 1990s (see 1989-January 1993). Wright claims that the FBI could have moved against Hamas in the US years before 9/11. He says, “The Hamas criminal enterprise has been flourishing since then. These guys are still operating strong today because we’re doing absolutely nothing about it. The FBI has turned a blind eye to what they are doing.” Salah, who had been employed as a college professor in Chicago since February 2002, is fired from his job as a result of these stories. [MSNBC, 6/2/2003; ABC News, 6/5/2003; ABC News, 6/12/2003] But the men are not arrested in the wake of the media reports. Salah and Ashqar will finally be indicted in August 2004 (see August 20, 2004).

The pond drained by investigators.The pond drained by investigators. [Source: Tom Fedor / Maryland Gazette]From June 9 until June 28, 2003, the FBI conducts a highly public search of a pond near Frederick, Maryland. Investigators completely drain 1.45 million gallons of water from the pond and then search in the mud for clues. This search is said to be based on a comment by anthrax attacks suspect Steven Hatfill, who once spoke hypothetically about how he might dispose of contaminated materials in water. The pond is located about eight miles from USAMRIID, the US Army’s top biological laboratory, where Hatfill worked in the late 1990s. Once the search is over, the FBI admits that nothing of interest was found in the pond. Investigators say they knew the search was a long shot, but did it just to be thorough. The pond search is expected to cost about $250,000. [Washington Post, 6/29/2003; Washington Post, 8/1/2003] The Washington Post will comment later in the year, “[F]or days this past June, the prospect of what this pond might contain had captivated much of America.” But the pond search is the end of the FBI’s high profile activity targeting Hatfill. [Washington Post, 9/14/2003]

Ali Saleh Kahlah al-Marri.Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]
'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]
Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]
Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi.
Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]
Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]

The 9/11 Commission releases a status report showing that various government agencies are not cooperating fully with its investigation. Neither the CIA nor the Justice Department have provided all requested documents. Lack of cooperation on the part of the Department of Defense “[is] becoming particularly serious,” and the Commission has received no responses whatsoever to requests related to national air defenses. The FBI, State Department, and Transportation Department receive generally positive reviews. [Associated Press, 7/9/2003] Commissioner Tim Roemer complains: “We’re not getting the kind of cooperation that we should be. We need a steady stream of information coming to us.… Instead, We’re getting a trickle.” [Guardian, 7/10/2003] The Commission is eventually forced to subpoena documents from the Defense Department and FAA (see November 6, 2003). Commission Chairman Tom Kean also highlights the presence of government “minders” at Commission interviews. The minders accompany witnesses the Commission is interviewing and come from the witnesses’ parent agencies. Kean says: “I think the Commission feels unanimously that it’s some intimidation to have somebody sitting behind you all the time who you either work for or works for your agency. You might get less testimony than you would.” He adds, “We would rather interview these people without minders or without agency people there.” [New York Times, 7/8/2003; Associated Press, 7/9/2003] However, Kean will later play down the effect minders are having on witnesses (see September 23, 2003), the full scope of which will be revealed in an internal Commission memo (see October 2, 2003).

The FBI refuses a third request to release a letter possibly connected to the anthrax attacks, suggesting they will never release it. The letter was sent to the FBI in late September 2001 and said a scientist named Ayaad Assaad was likely to launch a biological attack on the US. The letter was anonymous and there has been speculation that the author was connected to the anthrax attacks and was attempting to set up Assaad as a patsy. The government denies Assaad’s request to release the letter on the ground that it has a regular policy not to “disclose the identities of confidential sources and information furnished by such sources.” The government asserts that the letter is just a strange coincidence and has no link to the anthrax attacks. However, former FBI Assistant Director Oliver Revell says the discussion of possible confidential sources indicates the FBI has not ruled out a link between the letter and the attacks. “There has to be some rationale for wanting to keep it secret,” he says. “If there is any possible nexis between the two, then the general rule is to keep it silent.” [Hartford Courant, 7/18/2003] The letter has yet to be made public.

The 9/11 Congressional Inquiry’s final report concludes that at least six hijackers received “substantial assistance” from associates in the US, though it’s “not known to what extent any of these contacts in the United States were aware of the plot.” These hijackers came into contact with at least 14 people who were investigated by the FBI before 9/11, and four of those investigations were active while the hijackers were present. But in June 2002, FBI Director Mueller testified: “While here, the hijackers effectively operated without suspicion, triggering nothing that would have alerted law enforcement and doing nothing that exposed them to domestic coverage. As far as we know, they contacted no known terrorist sympathizers in the United States.” CIA Director Tenet made similar comments at the same time, and another FBI official stated, “[T]here were no contacts with anybody we were looking at inside the United States.” These comments are untrue, because one FBI document from November 2001 uncovered by the Inquiry concludes that the six lead hijackers “maintained a web of contacts both in the United States and abroad. These associates, ranging in degrees of closeness, include friends and associates from universities and flight schools, former roommates, people they knew through mosques and religious activities, and employment contacts. Other contacts provided legal, logistical, or financial assistance, facilitated US entry and flight school enrollment, or were known from [al-Qaeda]-related activities or training.” [US Congress, 7/24/2003 pdf file] The declassified sections of the 9/11 Congressional Inquiry’s final report show the hijackers have contact with:
bullet Mamoun Darkazanli, investigated several times starting in 1993 (see 1993; Late 1998); the CIA makes repeated efforts to turn him into an informer (see December 1999).
bullet Mohammed Haydar Zammar, investigated by Germany since at least 1997 (see 1996), the Germans periodically inform the CIA what they learn.
bullet Osama Basnan, US intelligence is informed of his connections to Islamic militants several times in early 1990s but fails to investigate (see April 1998).
bullet Omar al-Bayoumi, investigated in San Diego from 1998-1999 (see September 1998-July 1999).
bullet Anwar Al Aulaqi, investigated in San Diego from 1999-2000 (see June 1999-March 2000).
bullet Osama “Sam” Mustafa, owner of a San Diego gas station, and investigated beginning in 1991 (see Autumn 2000).
bullet Ed Salamah, manager of the same gas station, and an uncooperative witness in 2000 (see Autumn 2000).
bullet An unnamed friend of Hani Hanjour, whom the FBI tries to investigate in 2001.
bullet An unnamed associate of Marwan Alshehhi, investigated beginning in 1999.
bullet Hijackers Nawaf Alhazmi and Khalid Almihdhar, who had contact with Basnan, al-Bayoumi, Aulaqi, Mustafa, and Salamah, “maintained a number of other contacts in the local Islamic community during their time in San Diego, some of whom were also known to the FBI through counterterrorist inquiries and investigations,” but details of these individuals and possible others are still classified. [US Congress, 7/24/2003 pdf file] None of the above people have been arrested or even publicly charged with any crime associated with terrorism, although Zammar is in prison in Syria.

Representative Porter Goss and Senator Bob Graham co-chair the Congressional Inquiry.Representative Porter Goss and Senator Bob Graham co-chair the Congressional Inquiry. [Source: Ken Lambert/ Associated Press]The 9/11 Congressional Inquiry’s final report comes out. [US Congress, 7/24/2003 pdf file; US Congress, 7/24/2003] Officially, the report was written by the 37 members of the House and Senate Intelligence Committees, but in practice, co-chairmen Bob Graham (D-FL) and Porter Goss (R-FL) exercised “near total control over the panel, forbidding the inquiry’s staff to speak to other lawmakers.” [St. Petersburg Times, 9/29/2002] Both Republican and Democrats in the panel complained how the two co-chairmen withheld information and controlled the process. [Palm Beach Post, 9/21/2002] The report was finished in December 2002 and some findings were released then, but the next seven months were spent in negotiation with the Bush administration over what material had to remain censored. The Inquiry had a very limited mandate, focusing just on the handling of intelligence before 9/11. It also completely ignores or censors out all mentions of intelligence from foreign governments. Thomas Kean, the chairman of 9/11 Commission says the Inquiry’s mandate covered only “one-seventh or one-eighth” of what his newer investigation will hopefully cover. [Washington Post, 7/27/2003] The report blames virtually every government agency for failures:
bullet Newsweek’s main conclusion is: “The investigation turned up no damning single piece of evidence that would have led agents directly to the impending attacks. Still, the report makes it chillingly clear that law-enforcement and intelligence agencies might very well have uncovered the plot had it not been for blown signals, sheer bungling—and a general failure to understand the nature of the threat.” [Newsweek, 7/28/2003]
bullet According to the New York Times, the report also concludes, “the FBI and CIA had known for years that al-Qaeda sought to strike inside the United States, but focused their attention on the possibility of attacks overseas.” [New York Times, 7/26/2003]
bullet CIA Director George Tenet was “either unwilling or unable to marshal the full range of Intelligence Community resources necessary to combat the growing threat.” [Washington Post, 7/25/2003]
bullet US military leaders were “reluctant to use… assets to conduct offensive counterterrorism efforts in Afghanistan” or to “support or participate in CIA operations directed against al-Qaeda.” [Washington Post, 7/25/2003]
bullet “There was no coordinated… strategy to track terrorist funding and close down their financial support networks” and the Treasury Department even showed “reluctance” to do so. [Washington Post, 7/25/2003]
bullet According to the Washington Post, the NSA took “an overly cautious approach to collecting intelligence in the United States and offered ‘insufficient collaboration’ with the FBI’s efforts.” [Washington Post, 7/25/2003] Many sections remain censored, especially an entire chapter detailing possible Saudi support for the 9/11 attackers. The Bush administration insisted on censoring even information that was already in the public domain. [Newsweek, 5/25/2003] The Inquiry attempted to determine “to what extent the president received threat-specific warnings” but received very little information. There was a focus on learning what was in Bush’s briefing on August 6, 2001 (see August 6, 2001), but the White House refused to release this information, citing “executive privilege.” [Washington Post, 7/25/2003; Newsday, 8/7/2003]

Senator Charles Schumer (D-NY) asks FBI Director Robert Mueller to investigate the likelihood that “two senior members of the Bush administration made the identity of an undercover Central Intelligence Agency (CIA) operative public.” Schumer bases his request on news reports by, among others, columnist Robert Novak (see July 14, 2003) and Newsday (see July 21, 2003). Schumer writes that the exposure of CIA official Valerie Plame Wilson “was part of an apparent attempt to discredit [her husband, former ambassador Joseph] Wilson’s findings about potential uranium exports from Niger to Iraq and intimidate other officials from speaking their minds.” He reminds Mueller that “the unauthorized disclosure of information relating to the identity of an American intelligence official is a crime punishable by fines and up to 10 years in prison under the Intelligence Identities and Protection Act” (see July 16, 2003). He adds: “On Tuesday of this week, the White House denied that it had given any authorization to release such information on Ms. Plame. It is essential, therefore, that you discover source of this information because it would appear that a significant intelligence asset has been illegally compromised.” Schumer goes on to note: “By disclosing the identity of a reportedly senior undercover operative who is active in our nation’s fight against the proliferation of weapons of mass destruction (WMD), administration officials have possibly endangered Ms. Plame [Wilson] and her entire network of intelligence contacts in order to avoid political embarrassment. In the process, they may also have undermined our national security just as the specter of WMD threats from North Korea and Iran loom on the horizon. If the facts that have been reported publicly are true, it is clear that a crime was committed. The only questions remaining to be answered are who committed the crime and why? I request that you immediately launch an investigation to determine the source of this information and assess whether there is enough evidence to refer the matter for criminal prosecution.” [US Senate, 7/24/2003]

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