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Profile: Office of the Inspector General (DOJ) (OIG DOJ)
Office of the Inspector General (DOJ) (OIG DOJ) was a participant or observer in the following events:
Doug Miller, an FBI agent detailed to Alec Station, the CIA’s bin Laden unit, writes to Tom Wilshire, the unit’s deputy chief, about 9/11 hijacker Khalid Almihdhar. Miller had drafted a cable eight days before to tell the FBI that Almihdhar has a US visa, but Wilshire and another CIA officer had blocked the cable (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and January 6, 2000). Miller asks Wilshire, “Is this a no go or should I remake it in some way?” However, Wilshire does not respond. This is apparently Miller’s last attempt to inform the FBI of Almihdhar’s visa. About a month later, Miller will have some draft cables in the CIA’s computer system deleted, but will ensure that this draft cable is saved. [US Department of Justice, 11/2004, pp. 241 ] The Justice Department’s inspector general will criticize Miller for not following up more and ensuring the information is passed to the FBI. [US Department of Justice, 11/2004, pp. 356 ] However, Miller will say that he has a relatively low rank at the CIA at this time, and that he could not have passed the information without CIA approval, as he would have been fired. [Congressional Quarterly, 10/1/2008]
The FBI’s most senior representative at Alec Station, the CIA’s bin Laden unit, develops cancer and is forced to resign, meaning no FBI agent assigned to Alec Station has the power to release information from the CIA for months. A key cable informing the FBI that hijacker Khalid Almihdhar has a US visa will fail to be released to the FBI around this time (see 9:30 a.m. - 4:00 p.m. January 5, 2000). The representative, who is referred to in documents as “Eric”, is deputy chief of Alec Station. He has the power to release information to the FBI having acquired this power in a row with former Alec Station chief Michael Scheuer (see June 1999). The Justice Department’s Office of Inspector General will say Eric left the unit in mid-January, which would have given him over a week to give the FBI information about Almihdhar discovered during the surveillance of an al-Qaeda summit held from January 5-8 (see January 5-8, 2000). It is known Eric accessed a cable related to the Malaysia summit on January 5 and discussed surveillance photos taken of the summit with CIA officer Tom Wilshire (see (Mid-January 2000)). Author Lawrence Wright will comment: “None of the… FBI agents remaining in Alec had the seniority to release information, and consequently had to rely on the agency to give them permission for any transfer of classified cable traffic.” [US Department of Justice, 11/2004, pp. 241, 320 ; Wright, 2006, pp. 313]
Khallad bin Attash (left) and Khalid Almihdhar (right) were apparently confused by the CIA. [Source: FBI]Because the CIA thinks 9/11 hijacker Khalid Almihdhar and al-Qaeda leader Khallad bin Attash are in the same place at the same time—in Bangkok, Thailand, for a meeting with Fahad al-Quso, an operative involved in the attack of the USS Cole, in January 2000 (see January 5-6, 2000)—and possibly because of the similarity between Almihdhar’s first name Khalid and bin Attash’s nickname Khallad, some officers apparently theorize that bin Attash and Almihdhar may be the same person. However, the FBI is not informed of this. In order to confirm or refute this theory, the CIA station in Islamabad, Pakistan, asks for surveillance photos of an al-Qaeda summit that Almihdhar attended, intending to show the photos to a source who knows bin Attash and has previously identified him in another photo (see November 22-December 16, 2000 and Early January 2001). However, there is no record of this theory being communicated to the FBI, even though the CIA knows bin Attash was involved in the Cole bombing and the FBI is investigating him (see Late October-Late November 2000). Some CIA cables drafted at this time contain information about bin Attash and information not related to bin Attash; CIA officers are instructed to share the information not related to bin Attash with the FBI, but are not instructed to share the information about bin Attash and al-Qaeda’s Malaysia summit. The Justice Department’s Office of Inspector General will later say that if the CIA had told the FBI more about bin Attash around this time, the FBI would have asked for more information about Almihdhar and had a better chance of locating him before 9/11. [US Department of Justice, 11/2004, pp. 269-270, 278 ]
The CIA’s Counterterrorist Center completes a report on the bombing of the USS Cole (see October 12, 2000). The report, drafted by CIA officer Clark Shannon, finds that Osama bin Laden and al-Qaeda are circumstantially tied to the attack. However, the report fails to mention details known to the CIA involving figures later connected to the 9/11 plot. The Justice Department’s Office of Inspector General will later observe, “The report did not mention [hijacker Khalid Almihdhar’s] visa, [hijacker Nawaf Alhazmi’s] travel to the United States or the Khallad [bin Attash] identification from the Kuala Lumpur photographs” (see January 2-5, 2000, March 5, 2000, and January 4, 2001). [US Department of Justice, 11/2004, pp. 283 ]
Two FBI agents investigating the bombing of the USS Cole interview a source, referred to later as “Omar,” who previously identified a photo of one of the bombers as al-Qaeda leader Khallad bin Attash (see November 22-December 16, 2000). However, a CIA officer present at the interview, known only as “Chris,” fails to add a crucial detail. The interview, which apparently takes place in Pakistan, is held to document the previous identification by Omar of bin Attash, who led the attack on the Cole, based on a photograph provided by Yemeni authorities. Chris is also aware that Omar has identified bin Attash in a surveillance photo taken of al-Qaeda’s Malaysia summit (see January 5-8, 2000 and January 4, 2001). The identification of bin Attash in the photo taken at the summit is important because it connects bin Attash to future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, who were also at the summit, and because it casts light on bin Attash’s interaction with the other Cole bombers. The Justice Department’s Office of Inspector General will later say it believes “that had the FBI known about the identification of [bin Attash] in the Kuala Lumpur photographs, they would likely have sought information about the other participants in the meeting, including Almihdhar and Alhazmi, which could have increased the FBI’s chances of locating them before the September 11 attacks.” Chris had previously failed to notify the FBI of the identification of bin Attash in the Malaysia summit photo (see January 5, 2001 and After), as had the CIA’s bin Laden unit (see Shortly Before February 1, 2001). [US Department of Justice, 11/2004, pp. 275-8 ] Omar is usually handled by Cole case agents Ali Soufan and Steve Bongardt. [Soufan, 2011, pp. 120] Presumably, one of them is the lead FBI agent at this interview, although it is not clear which.
In an email sent to a fellow CIA officer Clark Shannon and copied to FBI agent Margaret Gillespie, who is working on the USS Cole bombing and the Malaysia summit, Tom Wilshire, a CIA officer assigned to the FBI, misrepresents the travel of 9/11 hijacker Nawaf Alhazmi and an associate to the US. According to the Justice Department’s Office of Inspector General, the e-mail says that Alhazmi and an associate traveled from Bangkok to Los Angeles to Hong Kong, indicating they did not remain in the US and left for Hong Kong. However, Alhazmi and hijacker Khalid Almihdhar traveled from Bangkok to Hong Kong and then to Los Angeles. Gillespie and Shannon will subsequently attend a meeting at which this information should be shared, but is not (see June 11, 2001). [US Department of Justice, 11/2004, pp. 282-3, 288, 300 ]
The FBI’s New York field office, which specializes in international terrorism, receives Ken Williams’ Phoenix Memo, but only briefly checks the named radicals and does not respond to Williams. In the memo, Williams noted that there is a suspiciously large number of Islamic extremists learning to fly in Arizona. Some of them will turn out to be connected to 9/11 hijacker Hani Hanjour (see July 10, 2001). Williams sent the memo to FBI headquarters (see July 27, 2001 and after) and the I-49 squad in the New York FBI field office. In New York, the memo is read by FBI agent Jack Cloonan, a member of the I-49 squad. Cloonan believes that the memo has a “glaring deficiency,” as he thinks bin Laden does not have a support operation in Arizona any more. He forms the opinion that William’s theory and conclusions are “faulty.” However, two of the hijackers were in Arizona in early 2001 (see December 12, 2000-March 2001) and some of the people named in the memo will later be linked to bin Laden (see October 1996-Late April 1999). In August 2001, Cloonan will ask, “Who’s going to conduct the thirty thousand interviews? When the f_ck do we have time for this?” Nonetheless, he checks out the eight names mentioned in the memo. He will apparently find nothing, although several individuals associated with the Phoenix cell are Sunni extremists (see November 1999-August 2001). The memo is also read by an analyst and an auditor in New York while they are researching other matters, and Cloonan will tell the Justice Department’s Office of Inspector General (OIG) he may have discussed the memo with some of his colleagues. The OIG’s report will say Cloonan told investigators that “he did not contact Williams or anyone else in Phoenix to discuss the [memo].” However, in a 2006 book author Lawrence Wright, citing an interview with Cloonan, will say that Cloonan spoke to Williams’ supervisor in Phoenix about it. [US Department of Justice, 11/2004, pp. 77-9 ; Wright, 2006, pp. 350, 426] The I-49 squad possibly forwards the memo to the Alec Station bin Laden unit at the CIA’s Counterterrorist Center (see (July 27, 2001)).
The FBI’s Minneapolis field office drafts an application for a FISA warrant to search Zacarias Moussaoui’s belongings and sends it to the Radical Fundamentalist Unit (RFU) at FBI headquarters. From there, the application is sent to four attorneys at the FBI’s national security law unit (NSLU), as it needs to be legally cleared by them before being submitted to the FISA court. All four attorneys are doubtful that the application contains enough evidence to secure a warrant. Although they are aware that Moussaoui is connected to Chechen rebels, they do not believe the FISA court will consider the Chechen rebels to be a foreign power. Moreover, they do not think the connection between the Chechens and Osama bin Laden is strong enough to make Moussaoui an agent of al-Qaeda. However, the attorneys are not given the relevant documentation. For example, they are not informed that the FBI was warned in April that the Chechen rebel leader and bin Laden were planning an attack against the US (see Before April 13, 2001). Nor are they provided with a copy of the Phoenix memo, in which Arizona FBI agent Ken Williams correctly theorized that bin Laden was sending agents to the US to train in flight schools (see July 10, 2001). Attorney Sherry Sabol will later say that she asked RFU agents Mike Maltbie and Rita Flack whether there was any evidence of people being sent to the US for flight training. Flack, who read the Phoenix memo five days before (see August 22, 2001), said no. Maltbie will later say he does not recall this, and Flack will deny it. [US Department of Justice, 11/2004, pp. 139-160 ; US Department of Justice, 3/1/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] The Justice Department’s Office of Inspector General will later criticize Flack for failing to inform the attorneys of the memo. [US Department of Justice, 11/2004, pp. 208 ] Sabol, fellow NSLU attorney Tom Ainora, and another attorney whose name is unknown will say that they would have taken actions to support the application if they had known about the Phoenix memo. However, they do not believe that material from the Phoenix memo would have been enough to secure the FISA warrant. [US Department of Justice, 11/2004, pp. 146-8, 158-160, 208 ]
The Radical Fundamentalist Unit (RFU) at FBI headquarters learns of a translated conversation (see August 17, 2001) between Zacarias Moussaoui’s roommate, Hussein al-Attas, and an imam from a mosque in Norman, Oklahoma, in which the imam had said, “I heard you guys wanted to go on jihad.” On this day, the FBI also learns about al-Attas’s will, which states that “death is near” and that “those who participate in jihad can expect to see God.” After receiving the information, RFU chief Dave Frasca replies in an e-mail, “The will is interesting. The jihad comment doesn’t concern me by itself in that this word can mean many things in various [M]uslim cultures and is frequently taken out of context.” However, a top Justice Department attorney who submits applications for warrants under the Foreign Intelligence Surveillance Act (FISA), will later say that “he would have tied bells and whistles” to the jihad comment in a FISA application. A later investigation by the Justice Department’s Office of Inspector General will conclude that the comment was “significant” and “should have been given greater weight in considering whether there was probable cause to believe Moussaoui was connected to a terrorist group.” [US Department of Justice, 11/2004, pp. 134, 167-8, 201 ; US Department of Justice, 3/1/2006 ]
After the FBI decides not to seek a warrant to search Zacarias Moussaoui’s belongings under the Foreign Intelligence Surveillance Act (FISA) (see August 28, 2001), it fails to reconsider the possibility of applying for a criminal warrant. A criminal warrant was not sought initially, partially because if the warrant application were unsuccessful, it would adversely affect the chances of getting a FISA warrant (see August 21, 2001). Now that a FISA warrant is not to be sought, this potential consequence is irrelevant. Dave Frasca, head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, will later say that he does not know why he, his subordinate Mike Maltbie, and the FBI’s Minneapolis field office do not bring this possibility up at this time, but will suggest that everybody probably forgot to raise the matter. Maltbie will say he does not think there is enough evidence for a warrant. Minneapolis personnel will say they do not bring the issue up because they do not think of it, are not in charge of the case, and the RFU has previously blocked this route. The Justice Department’s inspector general will say that the failure to reconsider obtaining a criminal search warrant is “puzzling” and “even more troubling” than the previous errors in the case’s handling, adding that it “also shows a troubling lack of initiative and acceptance of responsibility by FBI headquarters.” [US Department of Justice, 11/2004, pp. 168-9, 191-2 ]
The FBI opens an intelligence investigation to find future 9/11 hijacker Khalid Almihdhar, despite protests from the FBI New York field office that FBI headquarters has wrongly insisted on an intelligence investigation, when a criminal investigation would be more appropriate and have a better chance of finding him. The Justice Department’s office of inspector general will later conclude that “the designation of the Almihdhar matter as an intelligence investigation, as opposed to a criminal investigation, undermined the priority of any effort to locate Almihdhar.” Upon learning of the decision, Steve Bongardt, an investigator working on the USS Cole bombing investigation, writes to headquarters agent Dina Corsi to express his frustration. He points out that she is unable to produce any solid documentary evidence to support her view of the “wall,” a mechanism that restricts the passage of some intelligence information to criminal agents at the FBI (see Early 1980s and July 19, 1995), and that her interpretation of the “wall” is at odds with the purpose for which it was established. He adds: “Whatever has happened to this—someday someone will die—and wall or not—the public will not understand why we were not more effective and throwing every resource we had at certain ‘problems.’ Let’s hope the [Justice Department’s] National Security Law Unit will stand behind their decisions then, especially since the biggest threat to us now, UBL [Osama bin Laden], is getting the most ‘protection.’” [US Congress, 9/20/2002; New York Times, 9/21/2002; US Department of Justice, 11/2004, pp. 307-9 ; New Yorker, 7/10/2006 ] Both the Justice Department’s office of inspector general and the 9/11 Commission will later back Bongardt and say the investigation should have been a criminal investigation, as the “wall” procedures did not apply. The inspector general will comment that Bongardt “was correct that the wall had been created to deal with the handling of only [Foreign Intelligence Surveillance Act] information and that there was no legal barrier to a criminal agent being present for an interview with Almihdhar if it occurred in the intelligence investigation.” [US Department of Justice, 11/2004, pp. 351 ] The 9/11 Commission will remark that Corsi “misunderstood” the wall and that, “Simply put, there was no legal reason why the information [Corsi] possessed could not have been shared with [Bongardt].” It will conclude: “It is now clear that everyone involved was confused about the rules governing the sharing and use of information gathered in intelligence channels. Because Almihdhar was being sought for his possible connection to or knowledge of the Cole bombing, he could be investigated or tracked under the existing Cole criminal case. No new criminal case was needed for the criminal agent to begin searching for [him]. And as the NSA had approved the passage of its information to the criminal agent, he could have conducted a search using all available information. As a result of this confusion, the criminal agents who were knowledgeable about al-Qaeda and experienced with criminal investigative techniques, including finding suspects and possible criminal charges, were thus excluded from the search.” [9/11 Commission, 7/24/2004, pp. 271, 539]
Entity Tags: Osama bin Laden, Steve Bongardt, Usama bin Laden Unit (FBI), Office of the Inspector General (DOJ), National Commision on Terrorist Attacks, Foreign Intelligence Surveillance Act, Dina Corsi, FBI Headquarters, Khalid Almihdhar, FBI New York Field Office
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
FBI translator Sibel Edmonds writes letters to the Justice Department’s internal affairs division, known as the Office of Professional Responsibility, and its office of inspector general, describing her allegations against co-worker Melek Can Dickerson (see Afternoon February 12, 2002). Edmonds also sends faxes alleging possible national security breaches to the Senate Intelligence Committee and Senators Charles Grassley (R-IA) and Patrick Leahy (D-VT), both of whom sit on the Senate Judiciary Committee. [Vanity Fair, 9/2005]
FBI agent Robert Wright, feeling that he had been gagged by FBI superiors (see September 11, 2001-October 2001), files a formal complaint in early 2002 with the Inspector General’s Office (IGO) of the Justice Department. The IGO probes agency wrongdoing and mistakes. However, the IGO turns him away. On May 5, 2002, the IGO writes that “Mr. Wright raises serious charges concerning the FBI’s handling of a criminal matter relating to suspected terrorists,” but the IGO does “not have the resources to conduct an investigation of [the] anticipated size and scope.” Instead, the IGO recommends Wright to refer his complaints to Congress. The IGO had previously conducted large-scale investigations, for instance looking into the FBI’s alleged mishandling of evidence in the trial of convicted Oklahoma City bomber Timothy McVeigh. David Schippers, one of Wright’s lawyers, scoffs at the IGO’s explanation: “The truth is, they don’t want to investigate FBI dereliction of duty.” The 9/11 Congressional Inquiry will interview Wright in late 2002. [LA Weekly, 8/9/2002] However, neither his name, nor Yassin al-Qadi’s name, nor any details about the Vulgar Betrayal investigation will appear in the Inquiry’s heavily censored 2003 final report. He will not be interviewed by the 9/11 Commission, and neither his name, nor Yassin al-Qadi’s name, nor any details about the Vulgar Betrayal investigation will appear in the 9/11 Commission Final Report in 2004. Supposedly, the FBI “stalled Wright’s appearance before the 9/11 Commission until it was too late for him to appear before its public hearings.” [US Congress, 7/24/2003 ; US Congress, 7/24/2003; DebbieSchlussel (.com), 7/14/2004; 9/11 Commission, 7/24/2004]
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).
President Bush terminates an investigation into controversial Republican lobbyist Jack Abramoff by firing the US Attorney supervising the investigation. A US grand jury in Guam has been investigating a secret arrangement between Abramoff and Superior Court officials to lobby against a court reform bill pending in Congress since February 2001 that would give the newly formed Guam Supreme Court authority over the Superior Court. The bill passed. Abramoff—a $750-an-hour lobbyist and former member of the Bush-Cheney transition team—was paid by a series of $9,000 checks, totaling $324,000, funneled through Laguna Beach, California, lawyer Howard Hills. The arrangement was designed to hide Abramoff’s role in working for the Guam court. On November 18, Acting US Attorney for Guam and the Northern Mariana Islands Frederick A. Black issued a subpoena demanding that a Superior Court official turn over all records involving the lobbying contract, including bills and payments. (Black had already launched an investigation into the former governor of Guam, Carl Gutierrez, for diverting government funds for personal gain; Black apparently intended to tie the two investigations together.) However, today Black is abruptly demoted, with the White House issuing a statement announcing that it will name a replacement for him. Although Black is considered an “acting” US Attorney, he has held the post for over 10 years. Now he is demoted to an Assistant US Attorney and barred from continuing his investigations. Those investigations are now in limbo. In May 2003, Black will be replaced by Leonardo Rapadas without any Senate debate. Rapadas will be chosen for the job by Guam Republicans; lobbyist Fred Radewagen, who worked for the Gutierrez administration, will carry the recommendation to White House political chief Karl Rove in early 2003. (Radewagen has access to the top levels of the White House, including Rove.) Rapadas will quickly recuse himself from the Gutierrez investigation and the Abramoff grand jury will be dismissed. [Los Angeles Times, 8/8/2005; Nation, 2/2/2006] Later investigation will show that Gutierrez hired Abramoff in the spring of 2002 to help him force Black out of office. “I don’t care if they appoint [B]ozo the [C]lown, we need to get rid of Fred Black,” Abramoff wrote to colleagues in March 2002. Black began investigating Abramoff for the $324,000 contract Abramoff had received, and in return Abramoff asked for help from the Justice Department (DOJ). In turn, the DOJ forwarded the information to White House counsel Alberto Gonzales. And, White House political director Ken Mehlman told White House official Leonard Rodriguez, a protege of Rove, to “reach out to make Jack [Abramoff] aware” of all Guam-related information, including people being considered to replace Black. “Abramoff claimed he had a top political guy at DOJ he could go to, to get rid of Black,” a source will tell reporter Ari Berman. In May 2002, Abramoff had a risk-assessment report of Guam and the neighboring Northern Marianas Islands (CNMI) killed; the report, requested by Black, called for the federalizing of immigration laws on the islands, a rule change that would have slowed the influx of cheap labor to CNMI, as well as jeopardizing Abramoff’s $1.6 million contract with the local government. (In CNMI, workers are paid $3.05 an hour to make clothing branded “Made in the USA.”) Abramoff learned of the report from David Ayres, then the chief of staff for Attorney General John Ashcroft, whom Abramoff hosted at a Washington Redskins football game. Not only was the report quashed, its author, regional security specialist Robert Meissner, was demoted. Meissner later told people that he thought his boss at the time, Paul McNulty, the US Attorney for Eastern Virginia, “had everything to do with” suppressing the report. McNulty later became deputy attorney general. A colleague of Meissner’s will later say: “McNulty was kind of the fireman at Justice. He was the guy trying to run around and put a lid on things that could become political, especially with Abramoff.” Another element of the effort to rid Guam of Black was to paint him as a supporter of President Clinton, although he was appointed by the first President Bush, and Gutierrez himself was a Democrat. In November 2002, Black asked the DOJ’s Public Integrity Section (PIN) for help in investigating Abramoff’s lobbying activities. McNulty was forwarded the request, as was Gonzales. The DOJ offers no help to Black. Days later, after Black convenes a grand jury to look into Abramoff’s activities, Black is removed as US Attorney. “Fred was removed because he asked to indict Abramoff,” one of Black’s colleagues at Justice will later tell Berman. “I don’t believe it was a coincidence.” In June 2006, the DOJ’s Office of the Inspector General (OIG) will determine that nothing untoward occurred in the Black firing. However, the report will be based largely on information provided by the administration, including apparently misleading testimony from Kyle Sampson, then chief of staff to Gonzales, who had by that time become attorney general. Rapadas was only chosen to replace Black after Black had launched his probe into Abramoff’s doings. David Sablan, who headed the Guam Republican Party at the time, will say in 2007, “I just wonder whether they wanted to prevent Fred Black from staying on.” The OIG report will indicate that Sampson discussed the US Attorney candidate for Guam and other posts with President Bush, a statement Bush will later disavow. [Nation, 2/2/2006; Nation, 4/16/2007]
Entity Tags: John Ashcroft, Ken Mehlman, Karl C. Rove, Leonardo Rapadas, Public Integrity Section, Paul J. McNulty, Robert Meissner, Office of the Inspector General (DOJ), Howard Hills, Jack Abramoff, George W. Bush, Clinton administration, Carl Gutierrez, Guam Supreme Court, D. Kyle Sampson, David Ayres, David Sablan, Alberto R. Gonzales, Frederick A. Black, Fred Radewagen, Ari Berman
Timeline Tags: Civil Liberties
Barbara Grewe. [Source: Barbara Grewe]Barbara Grewe, a key investigator on the Justice Department inspector general’s investigation of the FBI’s failures before 9/11, moves to the 9/11 Commission. [University of Michigan Law School, 3/7/2005] She was recommended to the Commission by a former colleague who worked at the office of inspector general at the Justice Department. [University Record Online, 3/14/2005] As special investigative counsel at the Justice Department’s office of the inspector general between July and December 2002 she had investigated and reported on the FBI’s handling of intelligence prior to 9/11, and directed part of the investigation into information sharing between the FBI and CIA, missed opportunities to locate the hijackers before 9/11, and earlier warnings about terrorists using airplanes as weapons. This is similar to the work she does on the 9/11 Commission. According to a press release for a lecture she will give in 2005, Grewe also “drafted and edited” the “relevant sections” of the Justice Department’s final report. [University of Michigan Law School, 3/7/2005; Center for American Progress Action Fund, 4/16/2008] However, it is unclear how she could have done this, as she left the Justice Department’s investigation in 2003. Although December 2002 is early on in the Justice Department inspector general’s probe, the following important interviews have been conducted by this time:
Tom Wilshire, a CIA officer later detailed to the FBI who was involved in many pre-9/11 intelligence failures (see 9:30 a.m. - 4:00 p.m. January 5, 2000, March 5, 2000, May 15, 2001, Mid-May 2001, Late May, 2001, July 23, 2001, August 22, 2001, and August 24, 2001); [9/11 Commission, 7/24/2004, pp. 502]
“Michael,” a female CIA officer who had blocked notification to the FBI saying that one of the hijackers, Khalid Almihdhar, had a US visa (see Around 7:00 p.m. January 5, 2000 and January 6, 2000); [9/11 Commission, 7/24/2004, pp. 502]
Dina Corsi, an FBI official who withheld intelligence information from criminal investigators in the summer of 2001 (see June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 474]
Clark Shannon, a CIA officer who withheld information about Almihdhar from the FBI (see June 11, 2001); [9/11 Commission, 7/24/2004, pp. 537]
Margaret Gillespie, an FBI agent detailed to the FBI involved in information sharing problems (see (Late May-Early June) and August 21-22, 2001); [9/11 Commission, 7/24/2004, pp. 538]
Robert Fuller, an FBI agent who searched for Almihdhar in the US just before the 9/11 attacks, but failed to find him (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001); [9/11 Commission, 7/24/2004, pp. 539]
Russell Fincher and Steve Bongardt, FBI agents from whom the CIA withheld information (see June 11, 2001, June 12-September 11, 2001, and August 29, 2001); [9/11 Commission, 7/24/2004, pp. 537]
Sherry Sabol, an attorney involved in errors in the Moussaoui and Almihdhar cases (see August 22-28, 2001 and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 538]
An FBI official who handled an al-Qaeda informer in Pakistan (see January 4, 2001); [9/11 Commission, 7/24/2004, pp. 537]
Harry Samit (see August 15-20, 2001), Greg Jones (see August 27, 2001), John Weess (see August 16, 2001), and Coleen Rowley (see May 21, 2002), FBI officials who worked on the Moussaoui case; [9/11 Commission, 7/24/2004, pp. 531, 540]
Rodney Middleton, acting head of the FBI’s bin Laden unit before 9/11 (see July 27, 2001 and after); and [9/11 Commission, 7/24/2004, pp. 538]
Jennifer Maitner, an FBI official involved in the Phoenix memo and President Bush’s August 6 presidential daily briefing (see July 10, 2001, July 27, 2001 and after, and (August 4-5, 2001)). [9/11 Commission, 7/24/2004, pp. 536]
A CIA officer who blocked notification to the FBI that Khalid Almihdhar had a US visa makes a number of false statements about the blocking in an interview with the Justice’s Department’s office of inspector general. The officer, Michael Anne Casey, was working at Alec Station, the CIA’s bin Laden unit, in 2000. She blocked a cable drafted by an FBI agent on loan to Alec Station named Doug Miller telling the FBI about Almihdhar (see 9:30 a.m. - 4:00 p.m. January 5, 2000), but then drafted a cable falsely stating the information had been passed (see Around 7:00 p.m. January 5, 2000) and insisted to Miller’s colleague Mark Rossini that the FBI not be informed the next day (see January 6, 2000). Instead of telling the inspector general why she blocked the initial cable and then drafted the cable with the false statement, Casey claims that she has no recollection of Miller’s cable, any discussions about putting it on hold, or why it was not sent. She also claims the language of the cable suggests somebody else told her the information about Almihdhar’s visa had been passed to the FBI, but cannot recall who this was. [US Department of Justice, 11/2004, pp. 242-243 ; Bamford, 2008, pp. 19-20] The exact date of this interview is not known, although the inspector general discovered Miller’s cable in early February (see Early February 2004) and Miller and Rossini are interviewed around this time. Both men also falsely claim not to recall anything about the cable (see (February 12, 2004)).
The Justice Department’s inspector general, which is reviewing the FBI’s performance before 9/11, finds a reference to a key document it was not previously aware of. The document is a draft cable written by Doug Miller, an FBI agent who was loaned to Alec Station, the CIA’s bin Laden unit, before 9/11. The draft cable stated that 9/11 hijacker Khalid Almihdhar had a US visa, but its sending to the FBI had been blocked by a female CIA officer known only as “Michael” and Alec Station’s deputy chief, Tom Wilshire (see 9:30 a.m. - 4:00 p.m. January 5, 2000). The CIA inspector general had previously passed on numerous documents relevant to the review by the Justice Department’s inspector general, but had failed to pass this one on, although the two inspectors general had been working together since at least mid-2003. The Justice Department inspector general finds a reference to the draft cable in a list of CIA documents accessed by FBI employees assigned to the CIA. As a result of this discovery, the Justice Department inspector general has to re-interview several witnesses (see (February 12, 2004)) and the completion of his report is delayed. [US Department of Justice, 11/2004, pp. 227 ]
Two FBI agents, Doug Miller and Mark Rossini, falsely claim they have no memory of the blocking of a key cable about 9/11 hijacker Khalid Almihdhar in an interview with the Justice Department’s office of inspector general. Miller drafted the cable, which was to inform the FBI that Almihdhar had a US visa, while he and Rossini were on loan to Alec Station, the CIA’s bin Laden unit. However, it was blocked by the unit’s deputy chief, Tom Wilshire, and another CIA officer known only as “Michael” (see 9:30 a.m. - 4:00 p.m. January 5, 2000). Miller and Rossini remember the events, but falsely tell the Justice Department inspector general they cannot recall them.
Pressure Not to Disclose Information - Sources close to the inspector general’s probe will say, “There was pressure on people not to disclose what really happened.” Rossini, in particular, is said to feel threatened that the CIA would have him prosecuted for violating the Intelligence Identities Protection Act if he said what really happened inside Alec Station. They are questioned at the same time, and together with a CIA officer who will be described as “sympathetic,” although it is unclear why. CIA officials are also in the room during the questioning, although it is unclear why this is allowed. When they are shown contemporary documents, according to the Congressional Quarterly, “the FBI agents suddenly couldn’t remember details about who said what, or who reported what, to whom, about the presence of two al-Qaeda agents in the US prior to the 9/11 attacks.” The inspector general investigators are suspicious. [Congressional Quarterly, 10/1/2008]
'They Asserted that They Recalled Nothing' - Nevertheless, neither Rossini nor Miller are severely criticized by the inspector general’s final report. It simply notes: “When we interviewed all of the individuals involved about the [cable] they asserted that they recalled nothing about it. [Miller] told the [inspector general] that he did not recall being aware of the information about Almihdhar, did not recall drafting the [cable], did not recall whether he drafted the [cable] on his own initiative or at the direction of his supervisor, and did not recall any discussions about the reasons for delaying completion and dissemination of the [cable]. [Rossini] said he did not recall reviewing any of the cable traffic or any information regarding Alhazmi and Almihdhar. Eric [a senior FBI agent on loan to Alec Station] told the [inspector general] that he did not recall the [cable].” [US Department of Justice, 11/2004, pp. 241, 355-357 ]
Later Admit What Really Happened - At some point, Miller and Rossini tell an internal FBI investigation what really happened, including Wilshire’s order to withhold the information from the FBI. However, very little is known about this probe (see After September 11, 2001). [Congressional Quarterly, 10/1/2008] Rossini will be interviewed for a 2006 book by Lawrence Wright and will recall some of the circumstances of the blocking of the cable, including that a CIA officer told Miller, “This is not a matter for the FBI.” [Wright, 2006, pp. 311, 423] Both Miller and Rossini will later talk to author James Bamford about the incident for a 2008 book. [Congressional Quarterly, 10/1/2008] The exact date of this interview of Miller and Rossini is unknown. However, an endnote to the 9/11 Commission Report will say that Miller is interviewed by the inspector general on February 12, 2004, so it may occur on this day. [9/11 Commission, 7/24/2004, pp. 502]
Glenn A. Fine, the Justice Department’s inspector general, completes his report on Sibel Edmonds’ allegations (see Afternoon March 7, 2002). The 100-page report determines that “many of Edmonds’ core allegations relating to the co-worker [Melek Can Dickerson] were supported by either documentary evidence or witnesses” and concludes that “the FBI did not, and still has not adequately investigated these allegations.” Additionally, Fine’s report concludes that Edmonds was fired because she was having a “disruptive effect,” which could be attributed to “Edmonds’ aggressive pursuit of her allegations of misconduct, which the FBI did not believe were supported and which it did not adequately investigate.” Fine adds, “[A]s we described throughout our report, many of her allegations had basis in fact. We believe… that the FBI did not take them seriously enough, and that her allegations were, in fact, the most significant factor in the FBI’s decision to terminate her services.” The report is immediately classified by the FBI. Not even Edmonds is allowed to see the contents. An unclassified 37-page summary of the report will be released in January 2005. [Washington Post, 7/9/2004; Associated Press, 7/30/2004; Associated Press, 1/14/2005; CNN, 1/14/2005; New York Times, 1/15/2005; Vanity Fair, 9/2005]
Missouri Governor Matt Blunt (R-MO) awards a no-bid contract to Tracy Graves, the wife of US Attorney Todd Graves (see October 11, 2001), to manage a motor vehicle license office near Kansas City. In Missouri, license agents are independent contractors who receive a portion of the fees their offices collect. On March 1, Cory Dillon, the executive director of the Missouri Democratic Party, urges Attorney General Alberto Gonzales to fire Graves based on his wife’s acceptance of the contract. Dillon points out that in addition to Tracy Graves, her brother and two staff members from the office of Representative Sam Graves (R-MO), Todd Graves’s brother, have also been awarded similar contracts. The Kansas City Star reports on Dillon’s letter to Gonzales on March 2, and the day after runs an editorial accusing Todd Graves of a “clear conflict of interest” if he is ever led to investigate the Blunt administration. Gonzales’s chief of staff, Kyle Sampson, refers the matter to Chuck Rosenberg, the chief of staff to Deputy Attorney General Paul McNulty. Sampson’s March 16 email to Rosenberg indicates that the White House is interested in the matter, and has asked, ”(1) whether we have looked into the allegations made against Graves… and (2) what our conclusion is, i.e., whether we are comfortable that he doesn’t have any legal or ethical issues.” The matter is referred by Associate Deputy Attorney General David Margolis to the Executive Office for US Attorneys (EOUSA), which in turn refers the matter to the Office of the Inspector General (OIG). That office, after reviewing the matter and consulting with Margolis, decides not to open an investigation. On April 8, Margolis informs Graves that he has “determined that there is no existing conflict of interest that requires further action at this time.” Graves will tell Justice Department investigators probing the 2006 US Attorney purge (see September 29, 2008) that he himself had brought the Dillon complaint to the attention of EOUSA Director Mary Beth Buchanan after reading about it on the Internet. He considers the allegations groundless. He will say that at no time did anyone in the Justice Department ever raise any questions concerning the propriety of his wife’s contract, or allege that her contract put his position as US Attorney in jeopardy. And, he will state, no Justice Department official ever raised concerns with him about his performance (see March 2002). However, Principal Assistant Deputy Attorney General William Mercer will later recall Sampson voicing “real concerns” about the contract because, Mercer will say, Sampson feels it does not reflect well on the US Attorney’s office. Margolis will speculate that this issue is what prompts Sampson to put Graves on the list of US Attorneys he feels should be fired (see January 1-9, 2006), though he will say he cannot be sure because he never spoke to Sampson about it. Sampson does not express any such concerns in his email to Rosenberg. When investigators ask Sampson about the matter, he will claim memory loss, saying he has no recollection of being involved in any way with Graves’s firing. As the investigators will write, “Sampson also did not express any consternation about the license fee contract matter to us during his interview, and he essentially disclaimed any responsibility for requesting Graves’s resignation.” [US Department of Justice, Office of the Inspector General, 9/29/2008] During this time, the legal counsel for Senator Christopher “Kit” Bond (R-MO), Jack Bartling, will issue repeated demands to the White House that Graves be fired, in part because of Tracy Graves’s contract but largely because of conflicts between the offices of Bond and Sam Graves (see Spring 2005).
Entity Tags: Cory Dillon, Todd P. Graves, Tracy Graves, US Department of Justice, William W. Mercer, Alberto R. Gonzales, Chuck Rosenberg, Paul J. McNulty, Sam Graves, Christopher (“Kit”) Bond, Office of the Inspector General (DOJ), David Margolis, D. Kyle Sampson, Executive Office for US Attorneys (DOJ), Missouri Democratic Party, Kansas City Star, Matt Blunt, Jack Bartling, Mary Beth Buchanan
Timeline Tags: Civil Liberties
On April 30, 2005, FBI agent Robert Wright is notified that the FBI plans to fire him within 30 days. He is immediately ordered to cease work. [Chicago Tribune, 4/22/2005] However, on October 19, 2005, it is announced that the Justice Department overruled the FBI and orders Wright reinstated as an FBI agent. However, he is placed on probation for one year and downgraded in pay. The Chicago Tribune comments, “Wright has been the subject of at least six disciplinary investigations in his career. His supporters have long suspected that the FBI retaliated against him for his public criticism of the bureau and its ability to safeguard the nation from future terrorist attacks.” [Chicago Tribune, 10/19/2005] He has two lawsuits still pending against the FBI. One alleges that the FBI improperly released confidential information from his personnel file (see After June 2, 2003-December 2003), and the other accuses the FBI of violating his rights of free expression by blocking the publication of a book he wrote before 9/11. [Washington Post, 4/23/2005]
The Justice Department’s inspector general says that the number of criminal cases opened by the FBI has dropped by nearly half since 2000. Inspector General Glenn Fine says this is a reflection of the FBI’s new focus on preventing terrorist attacks. Drug cases have declined by 70 percent, and organized crime, bank robberies, civil rights, health case fraud, corporate fraud, and public corruption have also dropped. State and local law enforcement have tried to fill the void, but they aren’t always able to do so, especially in complex financial fraud cases. [Associated Press, 10/3/2005]
A report by the Justice Department’s Office of the Inspector General is leaked to the New York Times. The report largely backs the allegations made by whistleblower ex-FBI agent Mike German (see September 2002 and August 2, 2004). It finds that FBI officials mishandled a terrorism investigation German was involved in, falsified documents in an effort to cover up agency mistakes, and retaliated against German. In one instance, someone altered dates on three FBI forms using correction fluid to conceal a violation of federal wiretap law. After German tried to complain directly to FBI Director Robert Mueller, other FBI agents distanced themselves from him. For instance, the head of the FBI undercover unit, Jorge Martinez, froze German out of teaching assignments and told another agent that German would “never work another undercover case.” [New York Times, 12/3/2005] Notwithstanding, German is critical of the inspector general’s report. He says the authors of the report distorted some facts and failed to fully investigate whether the investigation he was working on was a genuine terrorist conspiracy. [Government Executive, 12/12/2005]
The Justice Department’s Inspector General, Glenn Fine, writes to Senators Richard Durbin (D-IL) and Sheldon Whitehouse (D-RI). Fine is responding to their request for an investigation of Justice Department officials’ role in authorizing and overseeing the use of waterboarding by CIA interrogators at the Guantanamo Bay detention facility. Fine notes: “[U]nder current law, the OIG [Office of the Inspector General] does not have jurisdiction to review the actions of [Justice Department] attorneys acting in their capacity to provide legal advice. Legislation that would remove this limitation has passed the House and is pending in the Senate (see April 23, 2008), but at this point the OIG does not have the jurisdiction to undertake the review you request.” [US Department of Justice, 2/19/2008 ]
Jon Kyl. [Source: ViewImages.com]The Senate passes by unanimous consent the Inspector General Reform Act of 2008, a law designed to boost the independence of the inspectors general of various federal agencies. However, the law only passes after Senator Jon Kyl (R-AZ) adds an amendment that deletes a key provision giving the Justice Department’s Office of Inspector General (OIG) jurisdiction to investigate misconduct allegations against Justice Department attorneys and senior officials. OIGs for all other agencies can, under this law, investigate misconduct within their entire agency. The Justice Department’s OIG must now refer allegations against department officials to the department’s Office of Professional Responsibility (OPR), which is not statutorily independent and reports directly to the attorney general and deputy attorney general. A House bill passed last October has no such requirement. Usually a bill with such a discrepancy would be referred to a joint House-Senate conference to resolve the difference, but Congressional sources say in this case there will be no such conference; the House is likely to accept the Senate version. Many observers believe that the Kyl amendment was added at the White House’s behest after President Bush had threatened to veto the House bill. Representative James Cooper (D-TN), the sponsor of the House bill, says: “The Kyl amendment took out a lot of the substance of the bill, but it didn’t kill the bill. I think we should lock in these improvements and leave to a future Congress further improvements.” Danielle Brian, executive director of the Project on Government Oversight, agrees, saying that the Justice Department issue is a “lingering problem that has got to be addressed.” There is a “clear conflict, a real problem,” with the OPR investigating allegations against the officials to whom it reports, she says. Former Justice Department Inspector General Michael Bromwich says that the Kyl amendment sets the Justice Department apart from all other agencies. The amendment gives Justice Department lawyers what Bromwich calls a “privileged status” to be reviewed by the OPR, which lacks the OIG’s independence. Bromwich says that the amendment “either has to be based on a misunderstanding of what the IG is seeking or on an attempt by people in the department to keep certain kinds of investigations away from the IG for reasons they should articulate.” The issue garnered public attention when former Attorney General Alberto Gonzales directed OPR to investigate the firings of eight US attorneys, a matter directly involving Gonzales and his deputies. Inspector General Glenn Fine objected, and eventually the Justice Department’s OIG and OPR agreed to a joint investigation. “The whole bill was held up because of this issue,” Brian says. “We hope the Justice Department problem is not forgotten now that the legislation is passing.” [National Law Journal, 5/5/2008]
Entity Tags: Office of the Inspector General (DOJ), US Department of Justice, Office of Professional Responsibility, Project on Government Oversight, Michael Bromwich, James Cooper, Inspector General Reform Act of 2008, Alberto R. Gonzales, George W. Bush, Glenn Fine, Jon Kyl, Danielle Brian
Timeline Tags: Civil Liberties
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