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Sen. John Kerry (D-MA) stumbles across the criminality of the Bank of Credit and Commerce International (BCCI) while investigating international drug trafficking as part of a congressional oversight committee. He soon starts a vigorous congressional investigation of BCCI, and New York district attorney Robert Morgenthau launches a vigorous investigation as well. (Tolchin 7/29/1991) However, Kerry’s and Morgenthau’s investigations are consistently stifled. Kerry will later say that, “with the key exception of the Federal Reserve, there was almost [no]… information or cooperation provided by other government agencies.” (US Congress, Senate, Committee on Foreign Relations 12/1992) Kerry will later conclude that the Justice Department in particular went to great lengths to block his and Morgenthau’s investigations “through a variety of mechanisms, ranging from not making witnesses available, to not returning phone calls, to claiming that every aspect of the case was under investigation in a period when little, if anything was being done.” After the Bank of England shuts down BCCI in July 1991 (see July 5, 1991), making big headlines, Under Assistant Attorney General Robert Mueller takes over Justice Department efforts on BCCI and assigns many new attorneys to the case. But Kerry will ultimately conclude that the indictments the Justice Department brings forth against BCCI after that time were narrower and less detailed than those of Morgenthau’s, and often seemed to be in response to what Morgenthau was doing. (US Congress 12/1992) Kerry submits his report on BCCI in December 1992, and after that investigations into BCCI peter out. President Bush will appoint Mueller to be director of the FBI shortly before 9/11 (see September 4, 2001).
Diane and John Albritton later say they call the CIA and police several times this year to report suspicious activity at a neighbor’s home, but authorities fail to respond. (Sisk and Smith 9/15/2001; Hansen 9/23/2001) A man named Waleed Alshehri, allegedly one of the 9/11 hijackers, is renting the house on Orrin Street in Vienna, Virginia, at the time (three blocks from a CIA facility). (Kelley 9/15/2001) He makes his neighbors nervous. “There were always people coming and going,” said Diane Albritton. “Arabic people. Some of them never uttered a word; I don’t know if they spoke English. But they looked very focused. We thought they might be dealing drugs, or illegal immigrants.” (Firestone and Canedy 9/15/2001) A man named Ahmed Alghamdi, allegedly another one of the hijackers, lived at the same address until July 2000. (Sperry 9/14/2001; Fox News 6/6/2002) Shortly after 9/11, it was reported that Waleed Alshehri lived with Ahmed Alghamdi in Florida for seven months in 1997. (Telegraph 9/20/2001) Albritton says they observed a van parked outside the home at all hours of the day and night. A Middle Eastern man appeared to be monitoring a scanner or radio inside the van. Another neighbor says, “We thought it was a drug house. All the cars parked on the street were new BMWs, new Mercedes. People were always walking around out front with cell phones.” There were frequent wild parties, numerous complaints to authorities, and even a police report about a woman shooting a gun into the air during a party. (Sperry 9/14/2001) Other neighbors also called the police about the house. (Barakat 9/14/2001) “Critics say [the case] could have made a difference [in stopping 9/11] had it been handled differently.” Standard procedures require the CIA to notify the FBI of such domestic information. However, FBI officials have not been able to find any record that the CIA shared the information. (Fox News 6/6/2002) FBI Director Mueller has said “the hijackers did all they could to stay below our radar.” (US Congress 5/8/2002) Although Fox News, based on information from the CIA and FBI, will still be reporting that these two men are the hijackers of the same name in the summer of 2002, the 9/11 Commission will say that these two hijackers first entered the US in the spring of 2001 (see April 23-June 29, 2001). (Fox News 6/6/2002; 9/11 Commission 7/24/2004, pp. 527-8)
The Washington Post refers to hijackers Nawaf Alhazmi and Khalid Almihdhar when it later reports, “In November 1999, two Saudi Arabian men moved into a ground-floor apartment at the Parkwood Apartments, a town house complex near a busy commercial strip in San Diego.” (Goldstein 9/30/2001) Alhazmi’s name is on the apartment lease beginning in November 1999. (Washington Post 10/2001) The Los Angeles Times similarly notes, “A man by [the name Alhazmi] moved to the Parkwood Apartments in San Diego in 1999, according to manager Holly Ratchford.” (Schrader and Richter 9/15/2001) Some reports even have them visiting the US as early as 1996. (Mollenkamp et al. 9/17/2001; Puit and Kalil 10/26/2001) However, FBI Director Mueller has stated the two hijackers did not arrive in the US until the middle of January 2000, after attending an important al-Qaeda summit in Malaysia (see January 5-8, 2000). While some news reports mention that the hijackers first arrive in late 1999 (McDermott 9/1/2002; Serrano, McManus, and Krikorian 11/24/2002) , over time, mentions of the lease beginning in 1999 will slowly fade from media accounts.
9/11 hijacker Mohamed Atta reportedly has a very strange meeting with Johnelle Bryant of the US Department of Agriculture. Incidentally, this meeting takes place one month before the official story claims he arrived in the US for the first time. According to Bryant, in the meeting Atta does all of the following:
He initially refuses to speak with one who is “but a female.”
He asks her for a loan of $650,000 to buy and modify a crop-dusting plane.
He mentions that he wants to “build a chemical tank that would fit inside the aircraft and take up every available square inch of the aircraft except for where the pilot would be sitting.”
He uses his real name even as she takes notes, and makes sure she spells it correctly.
He says he has just arrived from Afghanistan.
He tells about his travel plans to Spain and Germany.
He expresses an interest in visiting New York.
He asks her about security at the WTC and other US landmarks.
He discusses al-Qaeda and its need for American membership.
He tells her bin Laden “would someday be known as the world’s greatest leader.”
He asks to buy the aerial photograph of Washington hanging on her Florida office wall, throwing increasingly large “wads of cash” at her when she refuses to sell it. (Ross 6/6/2002)
After Bryant points out one of the buildings in the Washington photograph as her former place of employment, he asks her, “How would you like it if somebody flew an airplane into your friends’ building?”
He asks her, “What would prevent [me] from going behind [your] desk and cutting [your] throat and making off with the millions of dollars” in the safe behind her.
He asks, “How would America like it if another country destroyed [Washington] and some of the monuments in it like the cities in [my] country had been destroyed?”
He gets “very agitated” when he isn’t given the money in cash on the spot.
Atta later tries to get the loan again from the same woman, this time “slightly disguised” by wearing glasses. Three other terrorists also attempt to get the same loan from Bryant, but all of them fail. Bryant turns them down because they do not meet the loan requirements, and fails to notify anyone about these strange encounters until after 9/11. Government officials not only confirm the account and say that Bryant passed a lie detector test, but also elaborate that the account is consistent with other information they have received from interrogating prisoners. Supposedly, failing to get the loan, the terrorists switched plans from using crop dusters to hijacking aircraft. Other department employees also remember the encounter, again said to take place in April 2000. The 9/11 Commission has failed to mention any aspect of Johnelle Bryant’s account. (Weiss and Blum 9/25/2001; Ross 6/6/2002; Doran 6/8/2002) Compare Atta’s meeting with FBI Director Mueller’s later testimony about the hijackers: “There were no slip-ups. Discipline never broke down. They gave no hint to those around them what they were about.” (CNN 9/28/2002)
9/11 hijacker Khalid Almihdhar flies from San Diego to Frankfurt, Germany. (US Congress 9/20/2002) He is accompanied to the airport by another hijacker, Nawaf Alhazmi, and an unnamed associate (see June 10, 2000). Authorities later believe that Almihdhar visits his cousin-in-law Ramzi Bin al-Shibh and other al-Qaeda members in bin al-Shibh’s cell. Since the CIA fails to notify Germany about its suspicions of Almihdhar and bin al-Shibh, both of whom were seen attending the al-Qaeda summit in Malaysia in January, German police fail to monitor them and another chance to uncover the 9/11 plot is missed. (Schrom 10/1/2002; US Congress 7/24/2003, pp. 135 ) FBI Director Mueller and the congressional inquiry into 9/11 will claim that Almihdhar does not return to the US for over a year (US Congress 9/20/2002; US Congress 9/26/2002) , although it is possible that Almihdhar does return before then. For instance, there are indications Almihdhar attends a flight school in Arizona in early 2001. (Wagner and Zoellner 9/28/2001)
After leaving Yemen following the bombing of the USS Cole (see Around October 12, 2000), 9/11 hijacker Khalid Almihdhar travels to various countries in Asia.
He is reportedly in Malaysia in October (see October 2000);
From late 2000 to February 2001 he stays with his cousin in Mecca, Saudi Arabia (see Late 2000-February 2001);
He then returns to Yemen, to stay with his family at an al-Qaeda communications hub monitored by US intelligence (see February 2001, Late August 1998, and (Mid-June-Mid-July 2000));
Following this, he goes to Afghanistan;
There are some reports he travels to the United Arab Emirates in June (see June 2001);
He is also said to be in Malaysia again in June (see June 2001);
Finally, he goes to stay with his cousin in Mecca, Saudi Arabia, for another month. Before flying to New York (see July 4, 2001), Almihdhar tells his cousin that Osama bin Laden is planning five attacks on the US and asks the cousin to watch over his family, because he has a job to do (see Between June 1 and July 4, 2001). (9/11 Commission 7/24/2004, pp. 237; 9/11 Commission 8/21/2004, pp. 137 )
After 9/11, there will be speculation that during this period Almihdhar is coordinating the arrival of the other muscle hijackers. According to FBI Director Robert Mueller, this would his explain his stay in Saudi Arabia and his return only after all the other hijackers had arrived. (US Congress 9/26/2002) However, there is some evidence suggesting that Almihdhar may have visited the US in this time frame, perhaps using a passport in a false name (see June 10, 2000).
The White House requests that almost all of the 93 US Attorneys resign their posts forthwith. Among the few not asked to immediately resign are Robert Mueller, the US Attorney for the Northern District of California, who is soon asked to take over as director of the FBI; Paul Warner of Utah, who will stay in his position until 2006; and Mary Jo White, the US Attorney for the Southern District of New York, who remains in her post until 2002. In 2002, Justice Department official Kyle Sampson will write in an internal email: “[President] Clinton fired all Bush USAs in one fell swoop. Has been described to me as ‘have your offices cleared out by the end of the week.’ We fired all Clinton USAs (except Mueller and Warner), but staggered it more and permitted some to stay on for several months (including Mary Jo White in SDNY who we permitted to stay on for many months).” (CNN 2/16/2001; US House of Representatives, Committee on the Judiciary 4/13/2007 ; US Department of Justice, United States Attorney's Office, District of Utah 2009; Biography 2013) It is unclear who Sampson may have spoken to about the firings.
The New York Times will later report that, according to senior government officials, “A top secret report warned top officials of the FBI in the months before Sept. 11 that the bureau faced significant terrorist threats from Middle Eastern groups like al-Qaeda but lacked enough resources to meet the threat.” The internal assessment finds that virtually every major FBI field office is undermanned for evaluating and dealing with the threat from groups like al-Qaeda. The report gives detailed recommendations and proposes spending increases to address the problem. (Risen and Johnston 6/1/2002) The report is the result of “MAXCAP 05,” short for maximum feasible capability, an evaluation effort launched by Dale Watson, the head of the new counterterrorism division created in 1999 (see December 1999), to identify the FBI’s weaknesses in counterterrorism and remedy them by 2005. It is presented to Robert Mueller upon his appointment as FBI director in early September. (9/11 Commission 7/24/2004, pp. 78-79; Zegart 2007, pp. 142) The report will not be made public. (Zegart 6/27/2007) However, in August 2001, acting FBI Director Tom Pickard meets Attorney General John Ashcroft to ask for supplemental funding for counterterrorism, but his request is turned down. On September 10, 2001, Ashcroft rejects a proposed $58 million increase in FBI counterterrorism funding for the next year’s budget (see September 10, 2001).
FBI Director Robert Mueller will later tell the joint inquiry of Congress that, “In July 2001, Mohamed Atta, Abdulaziz Alomari, Nawaf Alhazmi, Salem Alhazmi, Khalid Almihdhar, Ahmed Alghamdi, and Majed Moqed purchased personal identification cards at Apollo Travel in Paterson, New Jersey. Atta purchased a Florida identification card, while the others purchased New Jersey identification cards.” (US Congress 9/26/2002) Although the travel agency’s owner will be interviewed several times after 9/11 and will mention selling plane tickets to Atta and Nawaf Alhazmi, he will never mention selling them ID cards (see June 19-25, 2001 and March 2001-September 1, 2001). (Chadwick 9/27/2001; Maddux 9/27/2001; CNN 10/29/2001; Berry 9/19/2002) Neither the 9/11 Commission or any other body will say any hijacker received an ID card from Apollo. However, the Commission will say that a similar group of hijackers obtained similar ID cards around this time (see (July-August 2001)). (9/11 Commission 8/21/2004, pp. 27 ) Some of these cards may have been obtained from Mohamed el-Atriss, who will be sentenced to jail for selling the hijackers false ID (see (July-August 2001) and November 2002-June 2003). El-Atriss will be co-operating with the FBI at the time Mueller makes this statement and will have promised to “keep his eyes and ears open” for other terrorists (see September 13, 2001-Mid 2002).
Robert Mueller assumes the job of FBI Director. He had been nominated for the job in July 2001 after Louis Freeh’s unexpected and sudden resignation (see May 1, 2001). Thomas Pickard was interim director for three months. Mueller held a variety of jobs in the Justice Department for over a decade prior to his nomination. Most notably, he led Justice Department investigations into the 1991 collapse of the Bank of Credit and Commerce International (BCCI) (see July 5, 1991) and the 1988 bombing of Pan-Am Flight 103 over Lockerbie, Scotland. (BBC 7/5/2001; CNN 9/5/2001) Mueller was heavily criticized for his role in the BCCI investigation (see February 1988-December 1992). For instance, a bipartisan Congressional BCCI investigation led by Senators John Kerry (D-MA) and Hank Brown (R-CO) stated, “Unfortunately, as time has passed it has become increasingly clear that the Justice Department did indeed make critical errors in its handling of BCCI… and moreover masked inactivity in prosecuting and investigating the bank by advising critics that matters pertaining to BCCI were ‘under investigation,’ when in fact they were not” and also “[hindered] other legitimate investigative efforts, and [failed] to admit that it had made any of these mistakes.” (US Congress 12/1992) Mueller himself noted in 1991 that there was an “appearance of, one, foot-dragging; two, perhaps a cover-up,” but denied the cover-up claims. A Wall Street Journal editorial notes that “Even George W. Bush bumped up against the outer fringes of the BCCI crowd during his tenure with Harken Energy and in his friendship with Texas entrepreneur James Bath,” and opines, “On general principles, our view is that it would be a mistake to appoint as FBI head anyone who had any role in the failed BCCI probe. Too many important questions remain unanswered…” (Wall Street Journal 6/26/2001)
Just prior to learning about the 9/11 attacks, top US leaders are scattered across the country and overseas:
President Bush is in Sarasota, Florida. (Balz and Woodward 1/27/2002)
Secretary of State Colin Powell is in Lima, Peru. (Balz and Woodward 1/27/2002)
General Henry Shelton, chairman of the Joint Chiefs of Staff, is flying across the Atlantic on the way to Europe. (Balz and Woodward 1/27/2002; Giesemann 2008, pp. 19-40)
Attorney General John Ashcroft is flying to Milwaukee, Wisconsin. (Balz and Woodward 1/27/2002)
Federal Emergency Management Agency Director Joe Allbaugh is at a conference in Montana. (ABC News 9/14/2002) Others are in Washington:
Vice President Dick Cheney and National Security Adviser Condoleezza Rice are at their offices in the White House. (Balz and Woodward 1/27/2002)
Defense Secretary Donald Rumsfeld is at his office in the Pentagon, meeting with a delegation from Capitol Hill. (Balz and Woodward 1/27/2002)
CIA Director George Tenet is at breakfast with his old friend and mentor, former Senator David Boren (D-OK), at the St. Regis Hotel, three blocks from the White House. (Balz and Woodward 1/27/2002)
FBI Director Robert Mueller is in his office at FBI headquarters on Pennsylvania Avenue, Washington, DC. (Balz and Woodward 1/27/2002)
Transportation Secretary Norman Mineta is at his office at the Department of Transportation. (US Congress 9/20/2001)
Counterterrorism “tsar” Richard Clarke is at a conference in the Ronald Reagan Building, three blocks from the White House. (Clarke 2004, pp. 1)
Around this time, according to his own account, counterterrorism “tsar” Richard Clarke reaches the Secure Video Conferencing Center just off the main floor of the Situation Room in the West Wing of the White House. From there, he directs the response to the 9/11 attacks and stays in contact with other top officials through video links. Clarke claims that on video he can see Defense Secretary Donald Rumsfeld, CIA Director George Tenet, FBI Director Robert Mueller, FAA Administrator Jane Garvey, Deputy Attorney General Larry Thompson (filling in for the traveling Attorney General John Ashcroft), Deputy Secretary of State Richard Armitage (filling in for the traveling Secretary of State Colin Powell), and Vice Chairman of the Joint Chiefs of Staff Richard Myers (filling in for the traveling Chairman Henry Shelton). National Security Adviser Condoleezza Rice is with Clarke, but she lets him run the crisis response, deferring to his longer experience on terrorism matters. Clarke is also told by an aide, “We’re on the line with NORAD, on an air threat conference call.” (Clarke 2004, pp. 2-4; Australian 3/27/2004) According to the 9/11 Commission, logs indicate that Clarke’s video teleconference only begins at 9:25 a.m. (see 9:25 a.m. September 11, 2001), which is later than Clarke suggests, and CIA and FAA representatives only join it at 9:40 a.m. (9/11 Commission 7/24/2004, pp. 36 and 462) Other accounts claim that, rather than being involved in Clarke’s teleconference at this time, Donald Rumsfeld is still in his office waiting for his intelligence briefing (see (Shortly After 9:03 a.m.) September 11, 2001), and Richard Myers is in a meeting on Capitol Hill (see (Shortly After 9:03 a.m.) September 11, 2001). (Armed Forces Radio And Television Service 10/17/2001; Clarke 2006, pp. 218-219) The 9/11 Commission claims that, “While important,” Clarke’s conference has “no immediate effect on the emergency defense efforts.” (9/11 Commission 6/17/2004) Yet, as the Washington Post puts it, “everyone seems to agree” Clarke is the chief crisis manager on 9/11. (Achenbach 3/28/2004) Even Clarke’s later opponent, National Security Adviser Rice, calls him 9/11’s “crisis management guy.” (Waterman 4/9/2004) The conference is where the government’s emergency defense efforts are concentrated.
After leaving the Booker Elementary School classroom, President Bush returns to an adjacent holding room where he is briefed by his staff, and gets his first look at the footage of the burning World Trade Center on a television that has been set up there. He instructs his press secretary, Ari Fleischer, to take notes to create an accurate accounting of events. According to some accounts, he speaks on the phone with Vice President Dick Cheney who is at the White House, and they both agree that terrorists are probably behind the attacks. (Sammon 2002, pp. 92-93; Churcher 9/8/2002; 9/11 Commission 7/24/2004, pp. 39) But White House adviser Karl Rove, who is also in the holding room, will later tell NBC News that Bush is unable to reach Cheney because the vice president is being moved from his office to the White House bunker at this time. (Rove 9/11/2002) The president speaks with New York Governor George Pataki and FBI Director Robert Mueller. Bush learns from Mueller that the planes that hit the WTC were commercial American aircraft, and at least one of them had apparently been hijacked after leaving Boston. According to some accounts, Bush also speaks with National Security Adviser Condoleezza Rice around this time. However, Rice herself will later suggest otherwise (see (9:45 a.m.) September 11, 2001). (Sammon 2002, pp. 93-94; Churcher 9/8/2002; Adair and Hegarty 9/8/2002; 9/11 Commission 7/24/2004, pp. 39) Fleischer and White House communications director Dan Bartlett quickly draft a statement for the president to deliver in the school’s library, which Bush rewords, scribbling three sheets of notes. Bush will deliver this at 9:30 a.m. (see 9:30 a.m. September 11, 2001). While he works on the statement, Bush briefly glances at the unfolding horror on the television. Turning to his aides in the room, he declares, “We’re at war.” (Sammon 2002, pp. 94; Krueger 9/10/2002) According to the 9/11 Commission, the focus at the present time is on the president’s statement to the nation, and the only decision made by Bush’s traveling party is to return to Washington. (9/11 Commission 7/24/2004, pp. 39) Bush will later claim that he makes no major decisions in response to the crisis until after Air Force One takes off at around 9:55 a.m. (see (Shortly After 9:56 a.m.) September 11, 2001). (Balz and Woodward 1/27/2002)
Attorney General John Ashcroft spends most of the rest of the day at the FBI’s Strategic Information and Operations Center (SIOC), after arriving there in the early afternoon (see (Between 1:00 p.m. and 2:00 p.m.) September 11, 2001). (9/11 Commission 12/17/2003 ; Ashcroft 2006, pp. 129) The SIOC, which is located on the fifth floor of the FBI’s headquarters in Washington, DC, functions as a 24-hour watch post and crisis management center. The huge, windowless center can seat 380 people, and is equipped with sophisticated computers and communications equipment. (CNN 11/20/1998; Federal Bureau of Investigation 1/18/2004)
FBI Director Briefs Ashcroft - Ashcroft will later recall that when he arrives at the SIOC, the place is “teeming with people, abuzz with activity, voices and papers everywhere, with dozens of people coming in and out with bits and pieces of new information moment by moment.” Numerous rows of computer screens are “filled with data, and eight large video display screens were being monitored constantly.” Ashcroft is met by FBI Director Robert Mueller, who briefs him on what is so far known regarding the terrorist attacks.
Priority Is to Clear the Skies - During his initial period at the SIOC, Ashcroft will recall, the “overriding priority” is to make sure all commercial aircraft are on the ground. There are also concerns about some planes that have landed and individuals on them who might have been hijackers, and concerns about securing airports so that flights can get up and running again as soon as possible. (9/11 Commission 12/17/2003 ; Ashcroft 2006, pp. 120-121)
SIOC Is 'the Place to Be to Get Information' - Most of the leading Justice Department and FBI officials remain at the SIOC throughout the day. Other officials in the center along with Ashcroft and Mueller include Deputy Attorney General Larry Thompson, Assistant Attorney General Michael Chertoff, and Immigration and Naturalization Service Commissioner James Ziglar. (Chen and Schrader 9/12/2001; US Department of Justice 9/12/2001) According to Ashcroft, the SIOC is “the place to be to get information, and so everyone wanted to be there.” (9/11 Commission 12/17/2003 ) Ashcroft will later recall, “I spent the hours, days, and most of the first weeks, months, after the attack on the United States in the [SIOC].” He will add, “That day, in those early hours, the prevention of terrorist attacks became the central goal of the law enforcement and national security mission of the Federal Bureau of Investigation.” (CNN 5/30/2002)
During a National Security Council meeting, FBI Director Robert Mueller begins to describe the investigation under way to identify the 9/11 hijackers. According to journalist Bob Woodward, “He said it was essential not to taint any evidence so that if accomplices were arrested, they could be convicted.” But Attorney General John Ashcroft interrupts. Woodward will paraphrase Ashcroft saying, “The chief mission of US law enforcement… is to stop another attack and apprehend any accomplices or terrorists before they hit us again. If we can’t bring them to trial, so be it.” Woodward will comment, “Now, Ashcroft was saying, the focus of the FBI and the Justice Department should change from prosecution to prevention, a radical shift in priorities.” President Bush is at the meeting and apparently does not challenge Ashcroft’s suggestion. (Woodward 2002, pp. 42-43)
FBI Director Mueller describes reports that several of the hijackers had received flight training in the US as “news, quite obviously,” adding, “If we had understood that to be the case, we would have—perhaps one could have averted this.” It will later be discovered that contrary to Mueller’s claims, the FBI had interviewed various flight school staffs about Middle Eastern militants on numerous occasions, from 1996 until a few weeks before 9/11. (Cullen and Ranalli 9/18/2001; Fainaru and Grimaldi 9/23/2001) Three days later, he says, “There were no warning signs that I’m aware of that would indicate this type of operation in the country.” (US Department of Justice 9/17/2001) Slate magazine will contrast this with numerous other contradictory statements and articles, and will award Mueller the “Whopper of the Week.” (Noah 5/17/2002)
President Bush and his top advisers meet at Camp David to discuss how to respond to the 9/11 attacks. Attendees include: CIA Director George Tenet, Vice President Dick Cheney, Secretary of State Colin Powell, Defense Secretary Donald Rumsfeld, Treasury Secretary Paul O’Neill, National Security Adviser Condoleezza Rice, FBI Director Robert Mueller, and Deputy Defense Secretary Paul Wolfowitz. (Woodward and Balz 1/31/2002; Burrough et al. 5/2004, pp. 232) There is discussion on a paper submitted by the Defense Department submitted the day before depicting Iraq, the Taliban, and al-Qaeda as priority targets (see September 14, 2001).
Push to Attack Iraq - Rumsfeld has already suggested that the US should use 9/11 as an excuse to attack Iraq (see 10:00 p.m. September 11, 2001 and September 12, 2001). Now Wolfowitz pushes for regime change in Iraq, claiming that there is a 10 to 50 percent chance that Iraq was involved in the attacks. (Woodward 2002, pp. 83; Burrough et al. 5/2004; Smith 7/23/2004) Attacking Afghanistan is uncertain at best, Wolfowitz argues, with the likelihood that US troops will get mired in mountain fighting. In contrast, Iraq is, in author Bob Woodward’s words, “a brittle, oppressive regime that might break easily. It was doable.” According to Woodward, chief of staff Andrew Card believes that Wolfowitz is doing nothing more than “banging a drum” and is “not providing additional information or new arguments.” (Woodward 2002, pp. 83; Buchanan 3/24/2003) Powell will later recall that Wolfowitz argues that Iraq should be attacked because it is ultimately the source of the terrorist problem. Wolfowitz “was always of the view that Iraq was a problem that had to be dealt with. And he saw this as one way of using this event as a way to deal with the Iraq problem.” (9/11 Commission 7/24/2004, pp. 335) Deputy CIA Director John McLaughlin will later recall that the discussion about possible Iraqi involvement in 9/11 “went back and forth, back and forth, back and forth. The [CIA] argued that that was not appropriate, not the right conclusion to draw at this point.” Secretary of State Colin Powell supports the CIA on this. Then, according to McLaughlin: “At the end of all this deliberation, the president says, ‘Thank you all very much. This has been a very good discussion. I’m going to think about all of this on Sunday, and I’ll call you together Monday [September 17] and tell you what I’ve concluded.” (Kirk 6/20/2006)
Focus on Afghanistan First - Bush will later tell reporter Bob Woodward that, in his own mind, he made the decision not to immediately attack Iraq in the morning on this day. He wants to focus on Afghanistan first. (9/11 Commission 7/24/2004, pp. 335) Wolfowitz will later recall in an interview with Vanity Fair: “On the surface of the debate it at least appeared to be about not whether but when. There seemed to be a kind of agreement that yes it should be, but the disagreement was whether it should be in the immediate response or whether you should concentrate simply on Afghanistan first. To the extent it was a debate about tactics and timing, the president clearly came down on the side of Afghanistan first. To the extent it was a debate about strategy and what the larger goal was, it is at least clear with 20/20 hindsight that the president came down on the side of the larger goal.” (Wolfowitz 5/9/2003) In his 2002 book Bush at War, Woodward will write, “Bush’s advisers wondered if they would ever find a way to end the talking and pull the trigger.” (Roberts 2008, pp. 106)
Reports appear in many newspapers suggesting that some of the people the US initially says were 9/11 hijackers are actually still alive and that the actual hijackers may have used stolen identities:
No media outlet has claimed that Hamza Alghamdi is still alive, but his family says the FBI photo “has no resemblance to him at all.” (Khashoggi and Al-Nayyef 9/22/2001; Murphy and Ottaway 9/25/2001)
CNN shows a picture of a Saudi pilot called Saeed Alghamdi and claims it is the hijacker of the same name. However, the pilot is alive and working in Tunisia. The FBI listed the hijacker’s possible residence as Delray Beach, Florida, where the pilot trained in 1998, 1999, and 2000, which may be why CNN uses a photograph of the wrong person. The pilot returns to Saudi Arabia to avoid problems and CNN apologises for the error. (Federal Bureau of Investigation 9/14/2001; Ba-Isa and Al-Towaim 9/18/2001; Getter, Mehren, and Slater 9/21/2001; Harrison 9/23/2001; BBC 9/23/2001)
A man named Salem Alhazmi claims he is the alleged hijacker of the same name, but he works in a petrochemical plant and had his passport stolen three years ago in Cairo. He says a picture being used in the media is of him. However, he is a different age to the hijacker, 26 not 21, has a different middle name, Ibrahim not Mohamed, and the photos appear to be of different people. In addition, the FBI does not release official pictures of the hijackers until a week after he makes this claim. The father of the other Salem Alhazmi says his son is missing, as is Salem’s brother and fellow hijacker Nawaf Alhazmi. (Eggen, Lardner, and Schmidt 9/20/2001; Getter, Mehren, and Slater 9/21/2001; Hopkins 9/21/2001; Harrison 9/23/2001; Federal Bureau of Investigation 9/27/2001; Saudi Gazette 9/29/2002; 9/11 Commission 8/21/2004, pp. 191 ; US District Court for the Eastern District of Virginia, Alexandria Division 7/31/2006)
A man named Ahmed Alnami is alive and working as an administrative supervisor with Saudi Arabian Airlines in Riyadh, Saudi Arabia. (Getter, Mehren, and Slater 9/21/2001) He has never lost his passport and finds it “very worrying” that his identity appears to have been stolen. (Harrison 9/23/2001) However, there is another Ahmed Alnami who is 10 years younger and appears to be dead, according to his father. (Mushayt 3/15/2002) Ahmed Alnami’s family says his FBI picture is correct. (Murphy and Ottaway 9/25/2001)
A man called Abdulrahman Alomari is alive and works as a pilot for Saudi Arabian Airlines. (Sack 9/16/2001; Gumbel 9/17/2001; BBC 9/23/2001) He was a neighbour of Adnan Bukhari and Amer Kamfar, who were both wrongly suspected of involvement in the 9/11 attacks at the start of the investigation. He moved out of his home in Vero Beach, Florida, shortly before the attacks. (Fish 9/14/2001) A man called Abdulaziz Alomari is an engineer with Saudi Telecoms. (BBC 9/23/2001) He claims that his passport was stolen in 1995 while he was living in Denver, Colorado. (Getter, Mehren, and Slater 9/21/2001) He says: “They gave my name and my date of birth, but I am not a suicide bomber. I am here. I am alive.” (Kennedy 9/20/2001; Harrison 9/23/2001) The FBI initially gave two possible birthdates for Abdulaziz Alomari. One is apparently that of the engineer, the other that of the alleged hijacker. (Federal Bureau of Investigation 9/14/2001; Hersh 5/27/2002; US District Court for the Eastern District of Virginia, Alexandria Division 7/31/2006)
The Saudi government has claimed that Mohand Alshehri is alive and that he was not in the US on 9/11, but no more details are known. (Associated Press 9/29/2001)
The brothers Waleed M. Alshehri and Wail Alshehri are alive. Their father is a diplomat who has been stationed in the US and Mumbai (Bombay), India. A Saudi spokesman says: “This is a respectable family. I know his sons and they’re both alive.” (Ba-Isa 9/19/2001; Getter, Mehren, and Slater 9/21/2001) There is a second pair of Saudi brothers named Wail and Waleed M. Alshehri who may have been the real hijackers. Their father says they have been missing since December 2000. (Al-Buqami 9/17/2001; Mushayt 3/15/2002) The still-living Waleed M. Alshehri is a pilot with Saudi Airlines, studying in Morocco. (Getter, Mehren, and Slater 9/21/2001; Marmie 9/22/2001) He acknowledges that he attended flight training school at Dayton Beach in the United States. (BBC 9/23/2001; Daily Trust (Abuja) 9/24/2001) He was interviewed by US officials in Morocco and cleared of all charges against him (though apparently the FBI is still using his picture). (Embry Riddle Aeronautical University 9/21/2001) The still-living Waleed Alshehri is also apparently a pilot. (Getter, Mehren, and Slater 9/21/2001) He claims he saw his picture on CNN and recognized it from when he studied flying in Florida. But he also says he has no brother named Wail. (As-Sharq Al-Awsat (London) 9/22/2001)
Mohamed Atta’s father says he spoke to his son on the phone on September 12, 2001. (MacFarquahar 9/19/2001; Torriero 9/20/2001)
On September 19, the Federal Deposit Insurance Corporation distributes a “special alert” to its member banks asking for information about the attackers. The list includes “Al-Midhar, Khalid. Alive.” The Justice Department later calls this a “typo.” (Billeaud 9/20/2001; King and Bhatt 10/21/2001) The BBC says, “There are suggestions that another suspect, Khalid Almihdhar, may also be alive.” (BBC 9/23/2001) The Guardian says Almihdhar is believed to be alive, but investigators are looking into three possibilities. Either his name was stolen for a hijacker alias, or he allowed his name to be used so that US officials would think he died, or he died in the crash. (Jeffery 9/21/2001)
Majed Moqed was last seen by a friend in Saudi Arabia in 2000. This friend claims the FBI picture does not look like Moqed. (Khashoggi and Al-Nayyef 9/22/2001)
The Official Account Evolves - The Saudi government insists that five of the Saudis mentioned as 9/11 hijackers are still alive. (MacFarquhar 9/21/2001) On September 20, FBI Director Robert Mueller says: “We have several others that are still in question. The investigation is ongoing, and I am not certain as to several of the others.” (Riley and Perlman 9/21/2001) On September 27, after all of the revelations mentioned above are reported in the media, Mueller will state, “We are fairly certain of a number of them.” (Lipka 9/28/2001) On September 20, the London Times reports, “Five of the hijackers were using stolen identities, and investigators are studying the possibility that the entire suicide squad consisted of impostors.” (Kennedy 9/20/2001) The mainstream media briefly doubts some of the hijackers’ identities. For instance, a story in The Observer on September 23 puts the names of hijackers like Saeed Alghamdi in quotation marks. (Observer 9/23/2001) However, the story will die down, and it will hardly be noticed when Mueller states on November 2, 2001: “As I have indicated before, one of the initial responsibilities of that investigation was to determine who the hijackers were. We at this point definitely know the 19 hijackers who were responsible for that catastrophe.” (Office of the Press Secretary 11/2/2001) A law enforcement source, speaking on condition of anonymity, will confirm that the hijackers’ names released in late September, on the 28th, are the true identities of all 19 hijackers. The Associated Press story quoting him will add that “the names were those listed on the planes’ passenger manifests and investigators were certain that those were the names the hijackers used when they entered the United States.” But the Saudi Institute, an independent human rights watchdog group that researches the hijackers’ identities, will maintain that Abdulaziz Alomari used someone else’s passport. (Yost 11/3/2001; Gullo 11/3/2002) In 2003, FBI spokesman Bill Carter will say: “There has been no change in thought about the identities of those who boarded those planes. It’s like saying my name is John Smith. There are a lot of people with the name of John Smith, but they’re not the same person.” When asked about Mueller’s comments, Carter will say, “He might have told Congress [about the identity theft], but we have done a thorough investigation and we are confident.” Carter will also comment that the bureau identified the hijackers “[t]hrough extensive investigation,” and say, “We checked the flight manifests, their whereabouts in this country, and we interviewed witnesses who identified the hijackers.” (Maier 6/24/2003) The 9/11 Commission will later endorse the hijackers’ names published by the FBI around this time. (9/11 Commission 7/24/2004)
Media coverage relating to an alleged meeting between hijacker Mohamed Atta and an Iraqi spy named Ahmed al-Ani took place in Prague, Czech Republic, has changed repeatedly over time:
September 18, 2001: It is first reported that 9/11 plotter Mohamed Atta met in Prague, Czech Republic, with an Iraqi diplomat in April 2001. The name of the diplomat, Ahmed Khalil Ibrahim Samir al-Ani, is mentioned in follow up articles. (Gullo 9/18/2001; Lichtblau, Serrano, and Mcdonnell 9/19/2001; CNN 10/11/2001; Safire 11/19/2003)
October 20, 2001: The story is denied by some Czech officials (see October 16, 2001). (Tagliabue 10/20/2001)
October 26, 2001: The story is confirmed by the Czech interior minister (see October 26, 2001). (Tyler and Tagliabue 10/27/2001)
October 27, 2001: It is claimed Atta met with Iraqi agents four times in Prague, and was given a vial of antrax. Atta is alleged to have had further meetings with Iraqi agents in Germany, Spain, and Italy (see October 27, 2001). (McGrory 10/27/2001)
November 12, 2001: Conservative columnist William Safire calls the meeting an “undisputed fact” in a New York Times editorial (see November 12, 2001). (Safire 11/12/2001)
December 9, 2001: Vice President Cheney asserts that the existence of the meeting is “pretty well confirmed” (see December 9, 2001). (Washington Post 12/9/2001)
December 16, 2001: The identities of both al-Ani and Atta, alleged to have been at the meetings, are disputed by a Czech police chief (see December 16, 2001). (Hedges and Mcneil 12/16/2001; Hejma 12/16/2001)
January 12, 2002: It is claimed at least two meetings took place, including one a year earlier. (Johnston 1/12/2002)
February 6, 2002: It is reported that senior US intelligence officials believe the meeting took place, but they believe it is not enough evidence to tie Iraq to the 9/11 attacks (see February 6, 2002). (Risen 2/6/2002)
March 15, 2002: Evidence that the meeting took place is considered between “slim” and “none.” (Ignatius 3/15/2002)
March 18, 2002: William Safire again strongly asserts that the meeting took place. (Safire 3/18/2002)
April 28-May 2, 2002: The meeting is largely discredited. For example, the Washington Post quotes FBI Director Mueller stating that, “We ran down literally hundreds of thousands of leads and checked every record we could get our hands on, from flight reservations to car rentals to bank accounts,” yet no evidence that Atta left the country was found. According to the Post, “[a]fter months of investigation, the Czechs [say] they [are] no longer certain that Atta was the person who met al-Ani, saying ‘he may be different from Atta.’” (Pincus 5/1/2002) Newsweek cites a US official who contends that, “Neither we nor the Czechs nor anybody else has any information [Atta] was coming or going [to Prague] at that time” (see April 28, 2002). (Isikoff 4/28/2002; Pincus 5/1/2002; listed] 5/2/2002)
May 8, 2002: Some Czech officials continue to affirm the meeting took place. (Pitkin 5/8/2002)
May 9, 2002: William Safire refuses to give up the story, claiming a “protect-Saddam cabal” in the high levels of the US government is burying the evidence. (Safire 5/9/2002)
July 15, 2002: The head of Czech foreign intelligence states that reports of the meeting are unproved and implausible. (Swoger 7/15/2002)
August 2, 2002: With a war against Iraq growing more likely, Press Secretary Ari Fleischer suggests the meeting did happen, “despite deep doubts by the CIA and FBI.” (Drogin, Richter, and McManus 8/2/2002)
August 19, 2002: Newsweek states: “The sole evidence for the alleged meeting is the uncorroborated claim of a Czech informant.” According to Newsweek, Deputy Defense Secretary Paul Wolfowitz is nonetheless pushing the FBI to have the meeting accepted as fact. (Isikoff 8/19/2002)
September 10, 2002: The Bush administration is no longer actively asserting that the meeting took place. (Priest 9/10/2002)
September 17, 2002: Vice President Cheney and Defense Secretary Rumsfeld “accept reports from Czech diplomats” that the meeting took place. (Diamond 9/17/2002)
September 23, 2002: Newsweek reports that the CIA is resisting Pentagon demands to obtain pictures of the alleged meeting from Iraqi exiles. One official says, “We do not shy away from evidence. But we also don’t make it up.” (Hosenball and Lipper 9/23/2002)
October 10, 2002: British officials deny the meeting ever took place (see October 4-10, 2002). (Huband 10/4/2002; Norton-Taylor 10/10/2002)
October 20, 2002: Czech officials, including President Vaclav Havel, emphatically deny that the meeting ever took place. It now appears Atta was not even in the Czech Republic during the month the meeting was supposed to have taken place. President Havel told Bush “quietly some time earlier this year” that the meeting did not happen (see Early 2002, probably May or later). (Walker 10/20/2002; Risen 10/21/2002)
December 8, 2002: Bush adviser Richard Perle continues to push the story, stating, “To the best of my knowledge that meeting took place.” (Simon 9/5/2002) He says this despite the fact that in October 2002, Czech officials told Perle in person that the meeting did not take place (see October 20, 2002).
July 9, 2003: Iraqi intelligence officer Ahmed al-Ani is captured by US forces in Iraq. (Schmidt 7/9/2003)
July 10, 2003: In a story confirming al-Ani’s capture, ABC News cites US and British intelligence officials who have seen surveillance photos of al-Ani’s meetings in Prague, and who say that there is a man who looks somewhat like Atta, but is not Atta. (ABC News 7/10/2003)
September 14, 2003: Vice President Cheney repeats the claims that Atta met with al-Ani in Prague on NBC’s Meet the Press. He says “we’ve never been able to develop anymore of that yet, either in terms of confirming it or discrediting” the meeting, but he also cites the when making the claim that Iraq officially supported al-Qaeda (see September 14, 2003 and September 14, 2003). (Milbank and Pincus 9/15/2003)
July 25, 2003: The 9/11 Congressional Inquiry makes public its conclusion that the meeting never took place (see January-July 2003).
December 13, 2003: It is reported that al-Ani told interrogators he did not meet Atta in Prague. (Priest and Kessler 9/29/2003; Reuters 12/13/2003)
February 24, 2004: CIA Director George Tenet says of the meeting: “We can’t prove that one way or another.” (Jehl 7/9/2004)
June 16, 2004: The 9/11 Commission concludes that the meeting never happened. They claim cell phone records and other records show Atta never left Florida during the time in question (see June 16, 2004). (9/11 Commission 6/16/2004)
June 17, 2004: Vice President Cheney says no one has “been able to confirm” the Atta meeting in Prague or to “to knock it down” He calls reports suggesting that the 9/11 Commission has reached a contradictory conclusion “irresponsible,” even though the 9/11 Commission did conclude just that the day before (see June 17, 2004). (CNN 6/18/2004)
July 1, 2004: CIA Director Tenet says that the CIA is “increasingly skeptical” the meeting ever took place (see July 1, 2004). (Jehl 7/9/2004)
July 12, 2004: The 9/11 Commission publicly concludes the meeting never took place (see July 12, 2004).
March 29, 2006: Cheney says of the meeting: “And that reporting waxed and waned where the degree of confidence in it, and so forth, has been pretty well knocked down now at this stage, that that meeting ever took place” (see March 29, 2006).
September 8, 2006: A bipartisan Senate report confirms that the meeting never took place (see September 8-10, 2006). (US Senate and Intelligence Committee 9/8/2006 )
September 10, 2006: Cheney still breathes life into reports of the meeting, reversing position and refusing to deny that the meeting took place (see September 10, 2006). (Cheney 9/10/2006)
April 2007: In a new book, former CIA Director Tenet claims, “It is my understanding that in 2006, new intelligence was obtained that proved beyond any doubt that the man seen meeting with [a] member of the Iraqi intelligence service in Prague in 2001 was not Mohamed Atta” (see 2006). (Tenet 2007, pp. 355)
On September 18, 2001, a scientist in Milwaukee tells police that he is building an anthrax delivery system in his basement. The unnamed scientist is drunk and having a dispute with a neighbor when he makes the comments to the police. On September 28, FBI agents arrive with a search warrant but find no anthrax or any sign of an anthrax delivery system. The man is said to work in a bowling alley, but had worked as a senior research scientist at Battelle Memorial Institute, a private contractor working with the US government on bioweapons programs including anthrax. He was fired from Battelle in 1996 and again in 1999. He is said to have specialties “in the areas of radio chemistry, military ordnance and munitions, and decontamination.” After being fired in 1999, his house was searched and chemicals were found in his basement that were not illegal to possess but which could have been used to make a lethal concoction. The story will first be reported in the Milwaukee Journal Sentinel on October 5, 2001, right when the real anthrax attacks are first becoming public (see October 4, 2001 and Shortly Afterwards). (Schuldt 10/5/2001) ABC News will revive the story on December 20, 2001, and say the unnamed scientist is under investigation for a role in the anthrax attacks. ABC will claim the FBI did find suspicious chemicals in his basement, but not anthrax. (News 12/20/2001) However, the next day it will be reported that the ABC story was wrong. US Senator Mike DeWine (R-OH) will say he talked to FBI Director Robert Mueller after hearing the ABC New report, and Mueller “said the ABC News report was not true, that ‘The network did not check with us, we have no investigation and no one with or formerly with Battelle is a suspect.’” (Cadwallader and Candisky 12/21/2001)
A few weeks after the attacks, US investigators say the hijackers appeared to have spent about $500,000 while in the US. An official says, “This was not a low-budget operation. There is quite a bit of money coming in, and they are spending quite a bit of money.” (Eggen and Woodward 9/29/2001; Borger and Hopper 10/1/2001; Eggen and Day 10/7/2001) In a detailed analysis published in the summer of 2002, the FBI will again report that the hijackers had access to a total of $500,000 to $600,000, of which $325,000 flowed through their SunTrust accounts. (Risen 7/10/2002; CNN 7/10/2002 Sources: Dennis Lormel) The same figure is provided by John S. Pistole, FBI Assistant Director, Counterterrorism Division, when he testifies before the Senate Committee on Banking, Housing, and Urban Affairs. “[T]he 9/11 hijackers utilized slightly over $300,000 through formal banking channels to facilitate their time in the US. We assess they used another $200-300,000 in cash to pay for living expenses.” (9/11 Commission 8/21/2004, pp. 133 ) However, officials later back away from this figure and in August 2004 the 9/11 Commission says that the hijackers’ spending in the US was only “more than $270,000.” (9/11 Commission 8/21/2004, pp. 143 ) In addition, the number of bank accounts the hijackers are said to have opened varies. Shortly after the attacks, investigators believe they had about a dozen accounts at US banks. In July 2002, Dennis Lormel, chief of the FBI unit investigating the money behind the attacks, tells the New York Times they had 35 accounts, including 14 with the SunTrust Bank. (Eggen and Day 10/7/2001; Risen 7/10/2002 Sources: Dennis Lormel) However, a year after the attacks, FBI Director Robert Mueller tells the 9/11 Congressional Inquiry, “In total, the hijackers opened 24 bank accounts at four different US banks.” (US Congress 9/26/2002) Not only is Mueller’s assertion contradicted by Lormel’s previous statement, but it is also demonstrably false, as the hijackers had at least 25 US bank accounts with at least 6 different banks (SunTrust Bank, Hudson United Bank, Dime Savings Bank, First National Bank of Florida, Bank of America, and First Union National Bank) (see February 4, 2000, June 28-July 7, 2000, Early September 2000, May 1-July 18, 2001, and June 27-August 23, 2001). (US District Court for the Eastern District of Virginia; Alexandria Division 7/31/2006, pp. 19 ) The 9/11 Commission’s Report and its Terrorist Financing Monograph focus on some of the transfers made to the hijackers (see January 15, 2000-August 2001, June 13-September 25, 2000, June 29, 2000-September 18, 2000, and December 5, 2000), but ignore others (see June 2000-August 2001, May 2001, Early August-August 22, 2001, Summer 2001 and before, and Late August-Early September 2001). Neither the report nor the monograph gives the total number of bank accounts the hijackers opened. (9/11 Commission 7/24/2004; 9/11 Commission 8/21/2004 ) In addition, the identities of the hijackers’ financiers reportedly change over time (see September 24, 2001-December 26, 2002).
In 2000, the 9/11 hijackers receive money from a man using “Mustafa Ahmed al-Hisawi” and other aliases. On September 8-11, 2001, the hijackers send money to a man in the United Arab Emirates who uses the aliases “Mustafa Ahmed,”
“Mustafa Ahmad,” and “Ahamad Mustafa.” Soon the media begins reporting on who this 9/11 “paymaster” is, but his reported names and identities will continually change. The media has sometimes made the obvious connection that the paymaster is Saeed Sheikh—a British financial expert who studied at the London School of Economics, undisputedly sent hijacker Mohamed Atta money the month before the attacks, made frequent trips to Dubai (where the money is sent), and is known to have trained the hijackers. However, the FBI consistently deflects attention to other possible explanations, with a highly confusing series of names vaguely similar to Mustafa Ahmed or Saeed Sheikh:
September 24, 2001: Newsweek reports that the paymaster for the 9/11 attacks is someone named “Mustafa Ahmed.” (Hosenball 10/1/2001) This refers to Mustafa Mahmoud Said Ahmed, an Egyptian al-Qaeda banker who was captured in Tanzania in 1998 then later released. (Riley 9/28/2001; Riley and Brune 10/3/2001)
October 1, 2001: The Guardian reports that the real name of “Mustafa Mohamed Ahmad” is “Sheikh Saeed.” (Whitaker 10/1/2001) A few days later, CNN confirms from a “senior-level US government source” that this “Sheik Syed” is the British man Ahmed Omar Saeed Sheikh rescued from an Indian prison in 1999. (CNN 10/6/2001; Ressa 10/8/2001) However, starting on October 8, the story that ISI Director Lt. Gen. Mahmood Ahmed ordered Saeed to give Mohamed Atta $100,000 begins to break. References to the 9/11 paymaster being the British Saeed Sheikh (and the connections to the ISI Director) suddenly disappear from the Western media (with one exception (CNN 10/28/2001) ).
October 2001: Other articles continue to use “Mustafa Mohammed Ahmad” or “Shaykh Saiid” with no details of his identity, except for suggestions that he is Egyptian. There are numerous spelling variations and conflicting accounts over which name is the alias. There is an Egyptian al-Qaeda financier leader named Mustafa Abu al-Yazid who uses some variant of Saeed Sheikh as an alias. (Mcgowan 10/1/2001; BBC 10/1/2001; Riley and Brune 10/3/2001; Solomon 10/6/2001; Eggen and Day 10/7/2001; Sunday Times (London) 10/7/2001; Fazlollah 10/9/2001; Hoge 10/15/2001; Miller and Mcdonnell 10/20/2001)
October 16, 2001: CNN reports that the 9/11 paymaster “Sheik Sayid” is mentioned in a May 2001 trial of al-Qaeda members. However, this turns out to be a Kenyan named Sheik Sayyid el Masry. (Day 7. United States of America v. Usama bin Laden, et al. 2/20/2001; United States of America v. Usama bin Laden, et al., Day 8 2/21/2001; Hirschkorn 10/16/2001)
November 11, 2001: The identity of 9/11 paymaster “Mustafa Ahmed” is suddenly no longer Egyptian, but is now a Saudi named Sa’d Al-Sharif, who is said to be bin Laden’s brother-in-law. (United Nations 3/8/2001; Klaidman and Hosenball 11/11/2001; Associated Press 12/18/2001)
December 11, 2001: The federal indictment of Zacarias Moussaoui calls the 9/11 paymaster “Mustafa Ahmed al-Hawsawi a/k/a ‘Mustafa Ahmed,’” and gives him Sa’d’s nationality and birth date. (MSNBC 12/11/2001) Many articles begin adding “al-Hawsawi” to the Mustafa Ahmed name. (Eggen 12/13/2001; Eggen and Day 1/7/2002; Pasternak and Braun 1/20/2002)
January 23, 2002: As new information is reported in India, the media returns to the British Saeed Sheikh as the 9/11 paymaster. (Watson 1/23/2002; Bedi 1/24/2002; Popham 1/24/2002; Syal and Hastings 1/27/2002) While his role in the kidnapping of Daniel Pearl is revealed on February 6, many articles connect him to 9/11, but many more do not. Coverage of Saeed’s 9/11 connections generally dies out by the time of his trial in July 2002.
June 4, 2002: Without explanation, the name “Shaikh Saiid al-Sharif” begins to be used for the 9/11 paymaster, presumably a combination of Saeed Sheikh and S’ad al-Sharif. (Lumpkin 6/5/2002; Buncombe 9/15/2002; Lumpkin 9/26/2002; Terzieff 11/15/2002) Many of the old names continue to be used, however. (Risen 7/10/2002; Time 8/4/2002; McDermott 9/1/2002; Crewdson and Simpson 9/5/2002; Knight Ridder 9/8/2002; Rubin and Dorgan 9/9/2002; Finn 9/11/2002; Meyer 12/24/2002)
June 18, 2002: FBI Director Mueller testifies that the money sent in 2000 is sent by someone named “Ali Abdul Aziz Ali” but the money in 2001 is sent by “Shaikh Saiid al-Sharif.” The 9/11 Commission will later identify Aziz Ali as Khalid Shaikh Mohammed’s nephew and agree with Mueller that he sent the money in 2000. (US Congress 9/26/2002; 9/11 Commission 7/24/2004, pp. 1)
September 4, 2002: Newsweek says “Mustafa Ahmad Adin al-Husawi,” presumably Saudi, is a deputy to the Egyptian “Sayyid Shaikh Al-Sharif.” However, it adds he “remains almost a total mystery,” and they are unsure of his name. (Hosenball 9/4/2002)
December 26, 2002: US officials now say there is no such person as Shaikh Saiid al-Sharif. Instead, he is probably a composite of three different people: “[Mustafa Ahmed] Al-Hisawi, Shaikh Saiid al-Masri, al-Qaeda’s finance chief, and Saad al-Sharif, bin Laden’s brother-in-law and a midlevel al-Qaeda financier.” (Associated Press 12/27/2002) Shaikh Saiid al-Masri is likely a reference the Kenyan Sheik Sayyid el Masry. Note that, now, al-Hisawi is the assistant to Shaikh Saiid, a flip from a few months before. Saiid and/or al-Hisawi still haven’t been added to the FBI’s official most wanted lists. (McGrory 12/1/2001; Federal Bureau of Investigation 2002; Miniter 6/17/2002) Despite the confusion, the FBI isn’t even seeking information about them. (Federal Bureau of Investigation 2/14/2002) Mustafa Ahmed al-Hawsawi is said to be arrested with Khalid Shaikh Mohammed in Pakistan in 2003, but no photos of him are released, and witnesses of the supposed arrest did not see al-Hawsawi or Mohammed there (see February 29 or March 1, 2003). (Zakaria 3/3/2003) A few weeks later, it will be reported that “the man US intelligence officials suspected of being al-Qaeda’s financial mastermind, Sheik Said al-Masri, remains at large.” (McNamee, Woellert, and Matlack 3/17/2003)
Reports this month indicate that many hijacker e-mails have been recovered. USA Today reports many unencrypted e-mails coordinating the 9/11 plans written by the hijackers in Internet cafes have been recovered by investigators. (Johnson 10/1/2001) FBI sources say, “[H]undreds of e-mails linked to the hijackers in English, Arabic and Urdu” have been recovered, with some messages including “operational details” of the attack. (Lancaster 10/4/2001) “A senior FBI official says investigators have obtained hundreds of e-mails in English and Arabic, reflecting discussions of the planned September 11 hijackings.” (Wall Street Journal 10/16/2001) However, in April 2002, FBI Director Mueller says no documentation of the 9/11 plot has been found. By September 2002, the Chicago Tribune reports, “Of the hundreds, maybe thousands, of e-mails sent and received by the hijackers from public Internet terminals, none is known to have been recovered.” (Crewdson and Simpson 9/5/2002) The texts of some e-mails sent by Mohamed Atta from Germany are published a few months later. (Crewdson, Swanson, and Simpson 2/25/2003)
In August 2008, the New York Daily News will report that after Robert Stevens is the first to die in the anthrax attacks on October 5, 2001 (see October 5-November 21, 2001), White House officials repeatedly press FBI Director Robert Mueller to prove the attacks were conducted by al-Qaeda. According to an unnamed retired senior FBI official, Mueller was verbally “beaten up” during President Bush’s daily intelligence briefings for not producing proof linking the attacks to al-Qaeda. “They really wanted to blame somebody in the Middle East,” this FBI official will say. But within days, the FBI learned the anthrax was a difficult to make weapons-grade strain. “Very quickly, [experts at Fort Detrick, Maryland] told us this was not something some guy in a cave could come up with. [Al-Qaeda] couldn’t go from box cutters one week to weapons-grade anthrax the next.” But several days after this conclusion is reached, Bush and Cheney nonetheless make public statements suggesting al-Qaeda was the culprit (see October 15, 2001 and October 12, 2001). (Meek 8/2/2008)
It is reported that the FBI and Justice Department have ordered FBI agents across the US to cut back on their investigation of the September 11 attacks, so as to focus on preventing future, possibly imminent, attacks. According to the New York Times, while law enforcement officials say the investigation of 9/11 is continuing aggressively, “At the same time… efforts to thwart attacks have been given a much higher priority.” Attorney General John Ashcroft and FBI Director Robert Mueller “have ordered agents to drop their investigation of the [9/11] attacks or any other assignment any time they learn of a threat or lead that might suggest a future attack.” Mueller believes his agents have “a broad understanding of the events of September 11,” and now need “to concentrate on intelligence suggesting that other terrorist attacks [are] likely.” The Times quotes an unnamed law enforcement official: “The investigative staff has to be made to understand that we’re not trying to solve a crime now. Our number one goal is prevention.” (Shenon and Johnston 10/9/2001) At a news conference the previous day, Ashcroft stated that—following the commencement of the US-led attacks on Afghanistan—he had placed federal law enforcement on the highest level of alert. But he refused to say if he had received any specific new threats of terrorist attacks. (US Department of Justice 10/8/2001) The New York Times also reports that Ashcroft and Mueller have ordered FBI agents to end their surveillance of some terrorist suspects and immediately take them into custody. However, some agents have been opposed to this order because they believe that “surveillance—if continued for days or weeks—might turn up critical evidence to prove who orchestrated the attacks on the World Trade Center and the Pentagon.” (Shenon and Johnston 10/9/2001) Justice Department communications director Mindy Tucker responds to the New York Times article, saying it “is not accurate,” and that the investigation into 9/11 “has not been curtailed, it is ongoing.” (United Press International 10/9/2001)
The National Security Agency begins sending data—consisting of telephone numbers, e-mail addresses, and names—to the FBI that was obtained through surveillance of international communications originating within the US (see After September 11, 2001 and October 2001). The NSA sends so much data, in fact, that hundreds of agents are needed to investigate the thousands of tips per month that the data is generating. However, virtually all of this information leads to dead ends and/or innocent people. FBI officials repeatedly complain that the unfiltered information is bogging down the bureau: according to over a dozen current and former law enforcement and counterterrorism officials, the flood of tips provide them and their colleagues with very few real leads against terrorism suspect. Instead, the NSA data diverts agents from more productive work. Some FBI officials view the NSA data as pointless and likely illegal intrusions on citizens’ privacy. Initially, FBI director Robert Mueller asks senior administration officials “whether the program had a proper legal foundation,” but eventually defers to Justice Department legal opinions. One former FBI agent will later recall, “We’d chase a number, find it’s a schoolteacher with no indication they’ve ever been involved in international terrorism—case closed. After you get a thousand numbers and not one is turning up anything, you get some frustration.” A former senior prosecutor will add, “It affected the FBI in the sense that they had to devote so many resources to tracking every single one of these leads, and, in my experience, they were all dry leads. A trained investigator never would have devoted the resources to take those leads to the next level, but after 9/11, you had to.” Former NSA director Bobby Ray Inman says that the problem between the FBI and the NSA may stem in part from their very different approaches. Signals intelligence, the technical term for the NSA’s communications intercepts, rarely produces “the complete information you’re going to get from a document or a witness” in a traditional FBI investigation, he says. And many FBI officials are uncomfortable with the NSA’s domestic operations, since by law the NSA is precluded from operating inside US borders except under very specific circumstances. (Bergman et al. 1/17/2006)
In the first months after 9/11, the FBI is generally in charge of captured al-Qaeda detainees and the assumption is that these detainees will be sent to the US for criminal prosecutions. However, beginning in January 2002, this policy begins to change. The highest ranking al-Qaeda detainee in US custody at the time, Ibn al-Shaykh al-Libi, is transfered from FBI to CIA custody and then flown to Egypt to be tortured by the Egyptian government (see January 2002 and After). ]]). Also in January, the CIA, not the FBI, begins secretly flying detainees to the US-controlled prison in Guantanamo, Cuba (see January 14, 2002-2005). Journalist James Risen will later comment, “By choosing the CIA over the FBI, [President] Bush was rejecting the law enforcement approach to fighting terrorism that had been favored during the Clinton era. Bush had decided that al-Qaeda was a national security threat, not a law enforcement problem, and he did not want al-Qaeda operatives brought back to face trial in the United States, where they would come under the strict rules of the American legal system.” (Risen 2006, pp. 28) This change of policy culminates in the arrest of Abu Zubaida (see March 28, 2002). The Washington Post will later report, “In March 2002, Abu Zubaida was captured, and the interrogation debate between the CIA and FBI began anew. This time, when FBI Director Robert S. Mueller III decided to withhold FBI involvement, it was a signal that the tug of war was over. ‘Once the CIA was given the green light… they had the lead role,’ said a senior FBI counterterrorism official.” (Priest 6/27/2004) The CIA decides that Guantanamo is too public and involves too many US agencies to hold important al-Qaeda detainees. By the time Zubaida is captured the CIA has already set up a secret prison in Thailand, and Zubaida is flown there just days after his capture (see March 2002). Risen will comment, “The CIA wanted secret locations where it could have complete control over the interrogations and debriefings, free from the prying eyes of the international media, free from monitoring by human rights groups, and most important, far from the jurisdiction of the American legal system.” (Risen 2006, pp. 29-30)
FBI Director Mueller visits India, and is told by Indian investigators that Saeed Sheikh sent ransom money to hijacker Mohamed Atta in the US. In the next few days, Saeed is publicly blamed for his role with gangster Aftab Ansari in financing Atta and organizing the Calcutta attack (see January 22, 2002). (Press Trust of India 1/22/2002; Watson 1/23/2002; Popham 1/24/2002; France-Presse 1/27/2002; Syal and Hastings 1/27/2002) Meanwhile, on January 23, Saeed helps kidnap reporter Daniel Pearl and is later arrested. Also on January 23, Ansari is placed under surveillance after flying to Dubai, United Arab Emirates. On January 24, Mueller and US Ambassador to Pakistan Wendy Chamberlin discuss Saeed at a previously scheduled meeting with Pakistani President Pervez Musharraf. Apparently Saeed’s role in Pearl’s kidnapping is not yet known. (Yost 2/24/2002) On Mueller’s way back to the US he flies to Dubai to pressure the government there to arrest Ansari and deport him to India. Ansari is arrested on February 5 and deported four days later. (Sharma 2/10/2002; Swami 2/16/2002; India Today 2/25/2002)
FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” (Eban 7/17/2007; Mayer 2008, pp. 155; Soufan 4/22/2009; Isikoff 4/25/2009)
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). (Johnston 9/10/2006; Isikoff 4/25/2009)
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. (Johnston 9/10/2006) In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). (Esposito and Ross 12/10/2007; Kiriakou 12/10/2007 )
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). (Eban 7/17/2007)
FBI Director Mueller states: “In our investigation, we have not uncovered a single piece of paper either here in the United States or in the treasure trove of information that has turned up in Afghanistan and elsewhere that mentioned any aspect of the September 11 plot.” He also claims that the attackers used “extraordinary secrecy” and “investigators have found no computers, laptops, hard drives or other storage media that may have been used by the hijackers, who hid their communications by using hundreds of pay phones and cell phones, coupled with hard-to-trace prepaid calling cards.” (Mueller 4/19/2002; Lichtblau and Meyer 4/22/2002) However, before 9/11, CIA Director Tenet told the Senate that al-Qaeda is “embracing the opportunities offered by recent leaps in information technology” (US Congress 3/21/2000) ; the FBI broke the al-Qaeda computer encryption before February 2001 (Sale 2/13/2001) ; witnesses report seeing the hijackers use computers for e-mail at public libraries in Florida and Maine (Holland, Peltz, and Benedick 9/16/2001; Wedge and Farmer 10/5/2001) ; in October 2001 there were many reports that hundreds of e-mails discussing the 9/11 plot had been found (see October 2001); Moussaoui’s laptop was found to contain important information (see (Late July-Early August, 2002)), and so on.
FBI Director Robert Mueller states, “[T]here was nothing the agency could have done to anticipate and prevent the [9/11] attacks.” (US Congress 9/18/2002)
The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. (CNN 5/20/2002) Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” (Miller and Haughney 5/22/2002) Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” (Locy 5/24/2002) David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). (Kurtz 5/27/2002) Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” (Curl 5/22/2002; Gray 5/23/2002) A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” (Dreyfuss 9/21/2006 ) Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” (Ratnesar and Weisskopf 5/27/2002)
Minnesota FBI agent Coleen Rowley, upset with what she considers lying from FBI Director Robert Mueller and others in the FBI about the handling of the Zacarias Moussaoui case, releases a long memo she wrote about the case two weeks before 9/11. (Time 5/21/2002) Rowley also applies for whistleblower protection. Time magazine calls the memo a “colossal indictment of our chief law enforcement agency’s neglect,” and says it “raises serious doubts about whether the FBI is capable of protecting the public—and whether it still deserves the public’s trust.” (Ratnesar and Weisskopf 5/27/2002) Three days after 9/11, Mueller made statements such as, “There were no warning signs that I’m aware of that would indicate this type of operation in the country.” Rowley and other Minnesota FBI agents had “immediately sought to reach [Mueller’s] office through an assortment of higher-level FBI [headquarters] contacts, in order to quickly make [him] aware of the background of the Moussaoui investigation and forewarn [him] so that [his] public statements could be accordingly modified.” Yet Mueller continued to make similar comments, including in a Senate hearing on May 8, 2002. (Time 5/21/2002; Shenon 5/31/2002) Finally, after Rowley’s memo becomes public, Mueller states, “I cannot say for sure that there wasn’t a possibility we could have come across some lead that would have led us to the hijackers.” He also admits, “I have made mistakes occasionally in my public comments based on information or a lack of information that I subsequently got.” (Shenon 5/31/2002) Time magazine will later name Rowley as one of three “Persons of the Year” for 2002, along with fellow whistleblowers Cynthia Cooper of WorldCom and Sherron Watkins of Enron. (Ripley and Sieger 12/22/2002; Ripley and Sieger 12/22/2002)
For the first time, Bush concedes that his intelligence agencies had problems: “In terms of whether or not the FBI and the CIA were communicating properly, I think it is clear that they weren’t.” (Doran 6/5/2002) However, in an address to the nation three days later, President Bush still maintains, “Based on everything I’ve seen, I do not believe anyone could have prevented the horror of September the 11th.” (Alcorn 6/8/2002) Days earlier, Newsweek reported that the FBI had prepared a detailed chart showing how agents could have uncovered the 9/11 plot if the CIA had told them what it knew about the hijackers Nawaf Alhazmi and Khalid Almihdhar sooner. (FBI Director Mueller denies the existence of such a chart. (Pincus 6/3/2002) ) One FBI official says, “There’s no question we could have tied all 19 hijackers together.” (Isikoff and Klaidman 6/2/2002) Attorney General Ashcroft also says it is unlikely better intelligence could have stopped the attacks. (Pincus 6/3/2002)
FBI Director Robert Mueller testifies before the Senate Judiciary Committee, just hours before the testimony of FBI agent Coleen Rowley, whose accusations of FBI malfeasance before the 9/11 attacks have sparked Congressional interest (see June 6, 2002). Mueller promises the committee that Rowley will not be punished for speaking out, and admits that Rowley is correct in some of her assessments, including her insistence that the bureau change to meet the threats posed by loosely organized terrorist groups. “When we looked back, we saw things that we should have done better and things that we should have done differently, but we also saw things that were done well and things that we should do more,” Mueller tells the assembled lawmakers. (CNN 6/6/2002) Some senators take Mueller’s assessments even farther. Herbert Kohl (D-WI) says, “Had the FBI been totally alert and had the FBI used its current capabilities to the best of its ability, there was at least a very good chance that the terrorist plot could have been uncovered.” (Lichtblau 6/7/2002)
Refuses to Answer Questions about Presidential Discussions - Committee member Joe Biden (D-DE) repeatedly asks Mueller whether President Bush consulted with him before the 2001 reorganization of the nation’s domestic security apparatus under the Homeland Security rubric (see September 20, 2001). Mueller refuses to discuss his conversations with Bush. “There is no executive privilege here,” Biden says. “I’m asking you whether you were consulted. I think this is ridiculous.” Law enforcement officials later confirm that both Mueller and Attorney General John Ashcroft were consulted as part of planning for the reorganization.
'Antiquated' Computer System - Democratic senator Charles Schumer (D-NY) questions Mueller about the antiquated computer system used by the FBI (Rowley herself will testify that her agents could not search FBI files for information pertaining to their inquiry into so-called “20th hijacker” Zacarias Moussaoui—see August 21, 2001 and August 23-27, 2001). Mueller confirms that Rowley and agents working with her could not search for terms such as “flight school,” but instead were limited to single-word searches such as “flight” or “school,” which produced masses of irrelevant results. Schumer calls the FBI system “almost laughable,” and adds, “It just makes my jaw drop to think that on 9/11 or on 9/10 the kind of technology that is available to most school kids, and certainly every small business in this country, wasn’t available to the FBI.” Mueller says it will take two or three years to upgrade the FBI’s computers. “I think we are way behind the curve,” he says.
Criticism of Civil Liberties Reductions - Senator Edward Kennedy (D-MA) criticizes Mueller for his decision, in conjunction with Attorney General John Ashcroft, to loosen restrictions on the FBI that limit the bureau’s ability to investigate and monitor citizen dissidents and organizations. “In particular, I’m troubled by the visa-holder-registration policy announced yesterday,” he says, referring to a Justice Department plan to require that about 100,000 foreigners in the United States be fingerprinted by the government. “Your agency is expending valuable time and resources to recruit these US citizens in our Arab and Muslim communities. And at the same time, the Justice Department is photographing, fingerprinting and registering their law-abiding siblings, cousins, visiting the United States.” (Johnston and Lewis 6/7/2002) “What impact do you think these policies will have on the Arab and Muslim communities in the US if you’re holding job fairs in the morning and fingerprinting them in the afternoon?” Kennedy asks. Mueller responds that the FBI will be careful not to step on anyone’s constitutional rights: “I still believe that we have to protect the freedoms that we have in this country that are guaranteed by the Constitution, or all the work we do to protect it will be at naught.” (Lichtblau 6/7/2002)
FBI agent Coleen Rowley, the whistleblower who wrote a stinging memo questioning the bureau’s handling of the Zacarias Moussaoui case (see May 21, 2002), testifies before the Senate Judiciary Committee. Her memo, in which she accused FBI Director Robert Mueller of participating in what she called “a delicate and subtle shading/skewing of facts… at the highest levels of FBI management,” has become a focus of Congressional probes into what many lawmakers perceive as a systemic failure of intelligence gathering preceding the 9/11 attacks. Rowley calls the FBI a bureaucracy rife with “risk aversion,” “roadblocks” to investigations, and “endless, needless paperwork.” Rowley says she is concerned that the FBI has moved towards even more bureaucracy and micromanagement in the months following the attacks. (CNN 6/6/2002; BBC 6/6/2002; Senate Judiciary Committee 6/6/2002) “Seven to nine layers” of management “is really ridiculous,” she says. “We need a way to get around the roadblocks.” But Rowley is more sympathetic to Mueller in her testimony than in her memo, and praises him for appearing willing to consider some of the new ideas and approaches that she says need to be implemented. (Johnston and Lewis 6/7/2002; Lichtblau 6/7/2002) In his own testimony before the same committee just hours before Rowley speaks, Mueller promises that Rowley will not be punished for speaking out, and admits that some of Rowley’s assessments are correct (see June 6, 2002). (CNN 6/6/2002) The questioning and commentary by the committee members varies somewhat by party affiliation, with Democrats such as Charles Schumer (D-NY) repeatedly praising Rowley “for performing a national service in coming forward,” but even committee Republicans such as Arlen Specter (R-PA) and Jeff Sessions (R-AL) engage in criticizing the FBI. (Johnston and Lewis 6/7/2002) Charles Grassley (R-IA) calls Rowley “a patriotic American who had the courage to put truth first and raise critical but important questions about how the FBI handled a terrorist case before the attacks, and about the FBI’s cultural problems.” (Lichtblau 6/7/2002)
FBI Director Robert Mueller testifies before the 9/11 Congressional Inquiry. His testimony will be made public in September 2002. (Lumpkin 9/26/2002)
Mueller Says Hijackers Operated Alone - Mueller claims that with the possible exception of Zacarias Moussaoui, “[t]o this day we have found no one in the United States except the actual hijackers who knew of the [9/11] plot and we have found nothing they did while in the United States that triggered a specific response about them.” He also claims, “As far as we know, they contacted no known terrorist sympathizers in the United States.” (US Congress 9/26/2002)
Mueller Contradicted by 9/11 Inquiry - The 9/11 Congressional Inquiry will conclude near the end of 2002 that some hijackers had contact inside the US with individuals known to the FBI, and the hijackers “were not as isolated during their time in the United States as has been previously suggested.” (Miller 12/12/2002)
Mueller Contradicted by FBI Report - Also, a classified FBI report from November 2001 asserted that the hijackers had a “web of contacts” in the US and abroad who “were known from [Osama bin Laden]-related activities or training” (see November 2001). (Sperry 2005, pp. 67-68)
Muller: 'No Slip-Ups' - Mueller also claims: “While here, the hijackers effectively operated without suspicion, triggering nothing that alerted law enforcement and doing nothing that exposed them to domestic coverage.… There were no slip-ups. Discipline never broke down. They gave no hint to those around them what they were about.” (US Congress 9/26/2002)
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.” (Rowley 5/2/2007)
Kevin Ryan is sworn in as the US Attorney for the Northern District of California. A former deputy district attorney, Ryan has served as a municipal court judge in San Francisco and a California Superior Court judge. (CBS News 2007; US Department of Justice, Office of the Inspector General 9/29/2008; Thomas 2011) Ryan comes in after the strong but contentious tenure of his predecessor, Robert Mueller, who left in 2001 to head the FBI. Mueller was succeeded for a year by interim US Attorney David Shapiro. Mueller came to the Northern District in 1998, after his predecessor, Michael Yamaguchi, resigned under fire for letting the office’s morale sink and the caseload dwindle. Mueller fired a dozen supervisors in his first six months on the job and pushed his staff to file more cases. His critics termed Mueller a dictator, but “Main Justice” in Washington considered him a star. He revamped the office and refurbished its reputation, and successfully prosecuted several high-profile cases. When Mueller left to join the FBI, the Justice Department wanted to find someone equally capable to replace him. Ryan is not only a respected judge, but a devoted Republican who routinely listens to Rush Limbaugh in his court chambers. Former federal prosecutor Rory Little says of Ryan: “He’s a real Boy Scout. He believes in the work.” Yamaguchi’s predecessor, Joseph Russoniello, chaired the search committee that selected Ryan for the job. Russoniello said that although Ryan lacks federal court experience, that deficiency should not hinder his ability to head the office. In 2002, he told a reporter, “What is important is the capacity to manage a lot of people who do have a deep understanding of the rules.” (Kuz 10/4/2006) There are 93 US Attorneys serving in the 50 states as well as in Puerto Rico, Guam, the Virgin Islands, and the Northern Marianas. All US Attorneys are appointed by the president with the advice and consent of the Senate, and serve under the supervision of the Office of the Attorney General in the Justice Department. They are the chief law enforcement officers for their districts. They serve at the pleasure of the president and can be terminated for any reason at any time. Typically, US Attorneys serve a four-year term, though they often serve for longer unless they leave or there is a change in presidential administrations. (US Department of Justice, Office of the Inspector General 9/29/2008)
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. (Willman 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).
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. (Isikoff and Klaidman 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.” (Burrell, Gumbel, and Sengupta 12/11/2001)
FBI Director Mueller says in a speech, “There is a continuum between those who would express dissent and those who would do a terrorist act. Somewhere along that continuum we have to begin to investigate. If we do not, we are not doing our job. It is difficult for us to find a path between the two extremes.” (Webby 10/19/2002)
At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. (Sheehy 1/22/2004) The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. (Rose 9/2005) The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” (US Department of Justice 10/18/2002; Siegel 2008, pp. 201)
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.” (Willman 6/29/2008) The FBI will finally drop its interest in Hatfill in late 2006, when Lambert is replaced (see Autumn 2006).
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 11, 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. (Tapper 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.” (Grow 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. (Bridis 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: (Tapper 3/3/2003)
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).
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. (Gerth 5/15/2003)
Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. (Ratnesar and Burger 12/30/2002)
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. (Tapper 3/3/2003; Riley 3/21/2006)
David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. (Tapper 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.” (Ratnesar and Weisskopf 5/27/2002) Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. (Lewis 5/27/2002)
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 ; 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)).
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. (Sepe 4/10/2003) However, she is fired after about a month, apparently for doing a poor job.
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 government raises the threat level to orange. The announcement is made by Attorney General John Ashcroft, Homeland Security Secretary Ridge, and FBI Director Mueller. CIA Director George Tenet calls the threat “the most specific we have seen” since 9/11 and says al-Qaeda may use a “radiological dispersal device, as well as poisons and chemicals.” Ashcroft states that “this decision for an increased threat condition designation is based on specific intelligence received and analyzed by the full intelligence community. This information has been corroborated by multiple intelligence sources.” (CNN 2/7/2003) Ashcroft further claims that they have “evidence that terrorists would attack American hotels and apartment buildings.” (Ross and Rackmill 2/13/2007) A detailed plan is described to authorities by a captured terror suspect. This source cited a plot involving a Virginia- or Detroit-based al-Qaeda cell that had developed a method of carrying dirty bombs encased in shoes, suitcases, or laptops through airport scanners. The informant specifies government buildings and Christian or clerical centers as possible targets. (Ross and Rackmill 2/13/2007) Three days later, Fire Administrator David Paulison advises Americans to stock up on plastic sheeting and duct tape to protect themselves against radiological or biological attack. This causes a brief buying panic. (MSNBC 6/4/2007) Batteries of Stinger anti-aircraft missiles are set up around Washington and the capital’s skies are patrolled by F-16 fighter jets and helicopters. (BBC 2/14/2003) The threat is debunked on February 13, when the main source is finally given an FBI polygraph and fails it. Two senior law enforcement officials in Washington and New York state that a key piece of information leading to the terror alerts was fabricated. The claim made by a captured al-Qaeda member regarding a “dirty bomb” threat to Washington, New York, or Florida had proven to be a product of his imagination. Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, says the intelligence turned out “to be fabricated and therefore the reason for a lot of the alarm, particularly in Washington this week, has been dissipated after they found out that this information was not true.” But threat levels remain stuck on orange for two more weeks. (Ross and Rackmill 2/13/2007) Bush administration officials do admit that the captured terror suspect lied, but add that this suspect was not the only source taken into consideration. Ridge says that there is “no need to start sealing the doors and windows.” Bush says that the warning, although based on evidence fabricated by an alleged terrorist, is a “stark reminder of the era that we’re in, that we’re at war and the war goes on.” (BBC 2/14/2003) The alert followed less than forty-eight hours after Colin Powell’s famous speech to the United Nations in which he falsely accused Saddam Hussein of harboring al-Qaeda and training terrorists in the use of chemical weapons (see February 5, 2003). (Dreyfuss 9/21/2006 ) Anti-war demonstrations also continue to take place world-wide. (MSNBC 6/4/2007)
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. (Tapper 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. (Tapper 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.” (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.” (Tapper 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. (Tapper 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)
Coleen Rowley, the FBI whistleblower who was proclaimed Time magazine’s Person of the Year in 2002, sends another public letter to FBI Director Mueller. She believes the FBI is not prepared for new terrorist attacks likely to result from the upcoming Iraq war. She also says counterterrorism cases are being mishandled. She claims the FBI and the Justice Department have not questioned captured al-Qaeda suspects Zacarias Moussaoui and Richard Reid about their al-Qaeda contacts, choosing instead to focus entirely on prosecution. She writes, “Lack of follow-through with regard to Moussaoui and Reid gives a hollow ring to our ‘top priority’ —i.e., preventing another terrorist attack. Moussaoui almost certainly would know of other al-Qaeda contacts, possibly in the US, and would also be able to alert us to the motive behind his and Mohamed Atta’s interest in crop-dusting.” Moussaoui’s lawyer also says the government has not attempted to talk to Moussaoui since 9/11. (Lichtblau and Glaberson 3/5/2003; Shenon 3/6/2003)
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 (Priest and DeYoung 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)
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).
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. (Lighty 4/22/2005) Senators Charles Grassley (R-IA) and Patrick Leahy (D-VT) 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. (Novak 6/19/2003; Lighty 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. (Anderson 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.” (Lighty 7/13/2004; Schlussel 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. (Anderson 7/22/2005)
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)
The 9/11 Congressional Inquiry’s final report concludes that at least six 9/11 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” (see June 18, 2002). 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 ) The declassified sections of the 9/11 Congressional Inquiry’s final report show the hijackers have contact with:
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).
Mohammed Haydar Zammar, investigated by Germany since at least 1997 (see 1996), the Germans periodically inform the CIA what they learn.
Osama Basnan, US intelligence is informed of his connections to Islamic militants several times in early 1990s but fails to investigate (see April 1998).
Omar al-Bayoumi, investigated in San Diego from 1998-1999 (see September 1998-July 1999).
Anwar al-Awlaki, investigated in San Diego from 1999-2000 (see June 1999-March 2000).
Osama “Sam” Mustafa, owner of a San Diego gas station, and investigated beginning in 1991 (see Autumn 2000).
Ed Salamah, manager of the same gas station, and an uncooperative witness in 2000 (see Autumn 2000).
An unnamed friend of Hani Hanjour, whom the FBI tries to investigate in 2001.
An unnamed associate of Marwan Alshehhi, investigated beginning in 1999.
Hijackers Nawaf Alhazmi and Khalid Almihdhar, who had contact with Basnan, al-Bayoumi, al-Awlaki, 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 ) 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.
For the first time, 9/11 Commissioner Thomas Kean says that the 9/11 attacks could and should have been prevented. Kean, a Bush appointee and former Republican governor of New Jersey, states that “This was not something that had to happen… There are people that, if I was doing the job, would certainly not be in the position they were in at that time because they failed. They simply failed.” In 2002, FBI Director Robert Mueller stated, “[T]here was nothing the agency could have done to anticipate and prevent the [9/11] attacks” (see May 8, 2002) and other Bush administration officials have also said the attacks were all but unstoppable. Kean promises major revelations from the FBI, CIA, Defense Department, NSA, and possibly former President Clinton and President Bush. (CBS News 12/17/2003) But within days, Kean amends his comments. He says that he wants to make it “clear” that he meant that officials at the operational level two years ago deserved to be singled out for blame and that no judgments had been reached about senior officials. This coincides with continued attempts from the White House to paint the intelligence prior to the attacks as non-specific “chatter,” and the attacks themselves as “literally bolts from the blue.” (Oliphant 12/21/2003)
FBI Director Robert Mueller launches a charm offensive to win over the 9/11 Commission and ensure that its recommendations are favorable to the bureau.
Commission Initially Favored Break-Up - The attempt is greatly needed, as the Commission initially has an unfavorable view of the FBI due to its very public failings before 9/11: the Phoenix memo (see July 10, 2001), the fact that two of the hijackers lived with an FBI counterterrorism informer (see May 10-Mid-December 2000), and the failure to search Zacarias Moussaoui’s belongings (see August 16, 2001). Commissioner John Lehman will say that at the start of the investigation he thought “it was a no-brainer that we should go to an MI5,” the British domestic intelligence service, which would entail taking counterterrorism away from the bureau.
Lobbying Campaign - Author Philip Shenon will say that the campaign against the commissioners “could not have been more aggressive,” because Mueller was “in their faces, literally.” Mueller says he will open his schedule to them at a moment’s notice and returns their calls within minutes. He pays so much attention to the commissioners that some of them begin to regard it as harassment and chairman Tom Kean tells his secretaries to turn away Mueller’s repeated invitations for a meal. Mueller even opens the FBI’s investigatory files to the Commission, giving its investigators unrestricted access to a special FBI building housing the files. He also gets Dame Eliza Manningham-Buller, head of MI5, to meet the commissioners and intercede for the bureau.
Contrast with CIA - The campaign succeeds and the Commission is convinced to leave the FBI intact. This is partially due to the perceived difference between Mueller and CIA Director George Tenet, who the Commission suspects of telling it a string of lies (see July 2, 2004). Commissioner Slade Gorton will say, “Mueller was a guy who came in new and was trying to do something different, as opposed to Tenet.” Commission Vice Chairman Lee Hamilton will also say that the Commission recommended changing the CIA by establishing the position of director of national intelligence. It is therefore better to leave the FBI alone because “the system can only stand so much change.”
Change Partially Motivated by Fear - This change of mind is also partially motivated by the commissioners’ fear of the bureau. Shenon will comment: “Mueller… was also aware of how much fear the FBI continued to inspire among Washington’s powerful and how, even after 9/11, that fear dampened public criticism. Members of congress… shrank at the thought of attacking the FBI.… For many on Capitol Hill, there was always the assumption that there was an embarrassing FBI file somewhere with your name on it, ready to be leaked at just the right moment. More than one member of the 9/11 Commission admitted privately that they had joked—and worried—among themselves about the danger of being a little too publicly critical of the bureau.” (Shenon 2008, pp. 364-368)
Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). (Eggen 6/7/2007) (Comey will step down from his post in mid-2005.) (Chorney 4/21/2005) The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. (Eggen 6/7/2007)
Vice President Dick Cheney gives the Congressional leaders known as the “Gang of Eight”—the House speaker and House minority leader, the Senate majority and minority leaders, and the ranking members of the House and Senate intelligence committees—their first briefing on the NSA’s warrantless wiretapping program (see Early 2002). The Democratic leaders at the meeting are House Minority Leader Nancy Pelosi (D-CA), Senate Minority Leader Tom Daschle (D-SD), House Intelligence Committee ranking member Jane Harman (D-CA), and Senate Intelligence Committee ranking member John D. Rockefeller (D-WV). Daschle (D-SD) later recalls the meeting as superficial. Cheney “talked like it was something routine,” Daschle will say. “We really had no idea what it was about.” Unbeknownst to many of the Congressional leaders, White House and Justice Department leaders are locked in a sharp dispute over whether or not the program is legal and should be continued; Cheney is preparing to send White House counsel Alberto Gonzales and chief of staff Andrew Card to Attorney General John Ashcroft’s hospital room to persuade the gravely ill, heavily sedated Ashcroft to overrule acting Attorney General James Comey and reauthorize the program (see March 10-12, 2004). The briefing is designed to give the appearance of Congressional approval for the program. While most Republicans in the briefing give at least tacit approval of the program, some Democrats, as Daschle will recall, expressed “a lot of concerns” over the program’s apparent violation of fundamental Congressional rights. Pelosi later recalls that she “made clear my disagreement with what the White House was asking.” But administration officials such as Gonzales will later say (see July 24, 2007) that the eight Congressional leaders are in “consensus” in supporting the program, a characterization that is patently false (see July 25, 2007). Gonzales will also later testify that today’s briefing does not cover the NSA wiretapping program, later dubbed the “Terrorist Surveillance Program” (TSP), another apparent falsehood contradicted by Democratic senators such as Rockefeller and Russ Feingold, as well as testimony and notes on the hospital room visit made by FBI Director Robert Mueller and a memo from John Negroponte, the director of national intelligence. Many feel that Gonzales is using the moniker “Terrorist Surveillance Program,” not in use until December 2005, to play what reporter Michael Isikoff calls “verbal parsing” and “a semantic game”—since the NSA wiretapping program is not known by this name at the time of the Congressional briefing, Gonzales will imply that the briefing wasn’t about that program. (Isikoff 8/6/2007; Klein 2009, pp. 88)
Cheney, Gonzales: Democrats on Board with Illegal Program - In Angler: The Cheney Vice Presidency, a 2008 book by Washington Post reporter Barton Gellman, Gonzales will claim there is a “consensus in the room” among Democrats and Republicans alike, and according to Gellman’s reporting on Gonzales, “four Democrats and four Republicans, duly informed that the Justice Department had ruled something unlawful, said the White House should do it anyway.” Cheney will confirm this allegation during a December 2008 appearance on Fox News. (Klein 2009, pp. 88)
Domestic Surveillance Began before 9/11? - Cheney fails to inform the lawmakers that the wiretapping program may have begun well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).
Attorney General John Ashcroft is visited by a squad of top White House and Justice Department officials just hours after Ashcroft underwent emergency surgery for severe, acute pancreatis, and is still recuperating in intensive care. The White House officials attempt to persuade the barely lucid Ashcroft to give his formal approval for the secret National Security Agency warrantless wiretapping surveillance program (see Early 2002), which requires the Justice Department to periodically review and approve it. (Shapiro 5/15/2007; Eggen and Kane 5/16/2007; Eggen 6/7/2007; Kellman 6/7/2007)
Comey, Goldsmith Rush to Head Off Aides - Deputy Attorney General James Comey testifies to the incident before the Senate Judiciary Committee over three years later (see May 15, 2007). Comey will recall that he and Ashcroft had decided not to recertify the surveillance program due to their concerns over its legality and its lack of oversight. On March 9, Ashcroft was rushed to the hospital with severe pancreatis. As per Justice Department procedures, Comey became acting attorney general for the duration of Ashcroft’s incapacity. The next night, just hours after Ashcroft underwent emergency surgery for the removal of his gallbladder, Comey receives an urgent phone call from Ashcroft’s aide, David Ayres, who himself has just spoken with Ashcroft’s wife Janet. Ayres tells Comey that White House counsel Alberto Gonzales and White House chief of staff Andrew Card are en route to Ashcroft’s hospital room to pressure Ashcroft to sign off on the program recertification. A furious Comey telephones FBI director Robert Mueller, and the two, accompanied by aides, race separately through the Washington, DC streets with sirens wailing to reach Ashcroft’s hospital room; they beat Gonzales and Card to the room by a matter of minutes. “I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that,” Comey will testify, and will add that to him, Ashcroft appears “pretty bad off.” En route, Mueller instructs the security detail protecting Ashcroft not to allow Card or Gonzales to eject Comey from the hospital room. Card and Gonzales enter just minutes later. (Eggen and Kane 5/16/2007; PBS 5/16/2007) “And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card,” Comey will testify. “They came over and stood by the bed, greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there—to seek his approval for a matter.” (Shapiro 5/15/2007) Gonzales is holding an envelope containing an executive order from Bush. He tells Ashcroft that he needs to sign off on the order, thereby giving the wiretapping program Justice Department authorization to continue unabated. Comey will testify that Ashcroft “lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me. [Ashcroft then adds] ‘But that doesn’t matter, because I’m not the attorney general. There is the attorney general,’” pointing at Comey. Gonzales and Card leave the room without ever acknowledging Comey’s presence. “I was angry,” Comey will recall. “I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.” (Eggen and Kane 5/16/2007; Eggen 6/7/2007) “That night was probably the most difficult night of my professional life, so it’s not something I forget,” Comey will testify. (PBS 5/16/2007) Goldsmith is also in the room; like Comey, Goldsmith receives a phone call alerting him to Gonzales’s and Card’s visit, and like Comey, Goldsmith races through the Washington streets to arrive at Ashcroft’s room minutes before Gonzales and Card arrive. He, too, is astonished at the brazen, callous approach taken by the two White House officials against Ashcroft, who he describes as laying in his darkened hospital room, with a bright light shining on him and tubes and wires protruding from his body. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith later recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.” As Gonzales and Card leave the room, Goldsmith will recall, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.” (Rosen 9/9/2007) After Gonzales and Card leave the room, Comey asks Mueller to instruct the security detail not to let any more visitors into the room, except for family, without Mueller’s approval, apparently in order to keep Gonzales and Card from attempting to return. (US Department of Justice 8/14/2007)
Cheney or Bush Behind Visit? - The hospital visit is sparked by at least two events: a meeting of White House officials a day earlier, where Vice President Dick Cheney attempted to push reluctant Justice Department officials to approve the surveillance program (see March 9, 2004), and Comey’s own refusal to certify the legality of the surveillance, as noted above. (Eggen 6/7/2007) Some believe that the timing of the incident shows that Cheney is the one who ordered Gonzales and Card to go to Ashcroft’s hospital room; Comey personally informed Cheney of his decision not to give his approval to the program. Speculation about Cheney’s ordering of the visit cannot be confirmed, (Roh 7/7/2007; Roh 8/16/2007) though the New York Times states flatly in an op-ed that “Vice President Dick Cheney sent Mr. Gonzales and [Card] to Mr. Ashcroft’s hospital room to get him to approve the wiretapping.” (New York Times 7/29/2007) Three years later, Goldsmith will tell Congress that he believes Bush himself authorized the visit (see October 2, 2007).
Meeting in the White House - Minutes after the incident in Ashcroft’s hospital room, Card orders Comey to appear at a late-night meeting at the White House; Comey refuses to go alone, and pulls Solicitor General Theodore Olson from a dinner party to act as a witness to the meeting. “Mr. Card was very upset and demanded that I come to the White House immediately. After the conduct I had just witnessed, I would not meet with him without a witness present,” Comey will testify. “[Card] replied, ‘What conduct? We were just there to wish him well.’ And I said again, ‘After what I just witnessed, I will not meet with you without a witness. And I intend that witness to be the solicitor general of the United States.’” On March 11, after an al-Qaeda bombing in Madrid kills over 200 people (see 7:37-7:42 a.m., March 11, 2004, Bush recertifies the program without the approval of the Justice Department. Comey responds by drafting a letter of resignation, effective March 12. “I couldn’t stay if the administration was going to engage in conduct that the Department of Justice had said had no legal basis,” he will testify. “I just simply couldn’t stay.” Comey is not the only one threatening to resign; he is joined by Ashcroft, Mueller, Ayres, Goldsmith, Justice Department official Patrick Philbin, and others, who all intend to resign en masse if Bush signs off on the surveillance program without Justice Department support. But Ayres persuades Comey to delay his resignation; in Comey’s words, Ayres “asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me.” Instead of resigning on March 12, Bush meets separately with Comey and Mueller, and promises to make changes in the program (see March 12-Mid-2004). Those changes have never been disclosed, though some changes are later found to be the creation of a secret review court to oversee the surveillance court, and the clarification of what exactly constitutes “probable cause” for surveillance. Comey will testify,…“Director Mueller came to me and said that, ‘The president told me that the Department of Justice should get this where it wants to be—to do what the department thinks is right.’ And I took that mandate and set about to do that, and I accomplished that.” (Thomas and Klaidman 1/9/2006; Shapiro 5/15/2007; Nizza 5/15/2007; Eggen and Kane 5/16/2007; PBS 5/16/2007; Kellman 6/7/2007) Goldsmith recalls his surprise when Congress later approves the program and brings it somewhat under the supervision of the FISA court. “I was sure the government was going to melt down,” Goldsmith says in 2007. “No one anticipated they were going to reverse themselves.” (Rosen 9/9/2007)
Did Gonzales Break the Law? - It is also possible that Gonzales and Card may have broken the law in discussing classified information in a public venue. “Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace,” says law professor Neal Katyal, a national security adviser under Bill Clinton. “The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power. And the NSA program is particularly sensitive. One government official familiar with the program notes, “Since it’s that program, it may involve cryptographic information,” some of the most highly protected information in the intelligence community. The law governing disclosure of classified information is quite strict, and numerous government and military officials have been investigated for potential violations in the past. “It’s the one you worry about,” says the government official. Katyal says that if Gonzales did indeed break the law, the Justice Department cannot run any investigation into the matter: “The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations.” Many others are dismayed and confused by the contradictions between the absolute secrecy surrounding the program, and Gonzales’s and Card’s willingness to openly discuss it in such an insecure location, and in front of witnesses not cleared to hear details about the program—including Ashcroft’s wife, who is present in the room while the officials seek her husband’s signature. Former NSA general counsel Elizabeth Parker says not enough is known about the meeting to be sure whether or not the law was broken. “Obviously things can be discussed in ways that don’t divulge highly classified information,” she says. “The real issue is what is it about this program that is so classified that can’t allow it to be discussed in a Congressional setting, even a closed Congressional hearing. In order to have confidence in what this program is all about, one needs to understand better what the approach is and how it affects the rights of American citizens.”
'Horrible' Judgment - John Martin, who oversaw Justice’s counterintelligence division for 26 years, calls Gonzales’s and Card’s attempt to override Comey’s authority as acting attorney general as more than just “bad judgment.” Martin calls their judgement “horrible…they both knew or should have known that the Attorney General while he was so incapacitated had delegated his power to his deputy Jim Comey. Comey’s actions were heroic under the circumstances.” (Calabresi 5/17/2007)
Snow Dismisses Concerns - In May 2007, after Comey’s testimony to the Senate hits the media, White House press secretary Tony Snow dismisses any concerns about the inappropriateness of Gonzales’s and Card’s pressuring of Ashcroft in his hospital room, and skips over the fact that Comey, not Ashcroft, had the final authority of the Attorney General at the time. “Because he had an appendectomy, his brain didn’t work?” Snow will say of Ashcroft. “Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it’s vital for national security and furthermore has been reformed in a bipartisan way.” Judiciary Committee member Charles Schumer (D-NY) has a different take on the incident: “What happened in that hospital room crystallized Mr. Gonzales’ view about the rule of law: that he holds it in minimum low regard.” (Kellman 6/7/2007) Senate Democrats are preparing to introduce a resolution of no-confidence against Gonzales. (Calabresi 5/17/2007)
President Bush meets privately with acting Attorney General James Comey to discuss the Justice Department’s refusal to reauthorize the administration’s warrantless wiretapping program (see Late September, 2001). (Comey will later refuse to discuss the conversation during testimony before Congress.) After the meeting, Bush meets privately with FBI Director Robert Mueller, Comey’s partner in opposing the program (see March 10-12, 2004). After his meeting, Mueller tells Comey, “[W]e have the president’s direction to do what we believed, what the Justice Department believed was necessary to put this matter on a footing where we could certify its legality.” Author and reporter Charlie Savage will later write, “Comey, [Office of Legal Counsel chief Jack] Goldsmith, and their colleagues spent the next several weeks making a series of undisclosed changes to the warrantless surveillance program—during which time the original program continued to operate, even though the president had been told it was illegal.” Outside experts will later speculate that Comey and Goldsmith had constrained the program’s scope by imposing stricter controls on who can be monitored without a warrant. Some will decide that the program now monitors only communications specifically suspected to have a connection to al-Qaeda, not the more general “suspected terrorism” communications. They will also speculate that the authorization for the program now relies on Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001), not the president’s inherent authority as commander in chief. But, Savage will write, the program still allows wiretapping without a judge’s approval, and therefore is still illegal. (Savage 2007, pp. 188)
FBI Director Robert Mueller testifies publicly to the 9/11 Commission, but the commissioners fail to ask him tough questions about the FBI’s apparent failings before the attacks. Author Philip Shenon will comment: “[Mueller] might have expected that it might be the showdown in which he would be asked to explain, in excruciating detail, how the FBI had blundered so often before 9/11—the familiar roster of Zacarias Moussaoui, the Phoenix memo, the disasters in San Diego. Instead, he was welcomed as a hero.” The commissioners shower Mueller with praise.
Commission Chairman Tom Kean: “I came to this job with less knowledge of the intelligence community than anybody else at this table. What I’ve learned has not reassured me. It’s frightened me a bit, frankly. But the reassuring figure in it all is you, because everybody I talk to in this town, a town which seems to have a sport in basically not liking each other very much—everybody likes you, everybody respects you, everybody has great hopes that you’re actually going to fix this problem.”
Commissioner John Lehman: “I’d like to echo the encomiums of my colleagues about how good the process has been working with you from the first time you got together with us a year-and-a-quarter ago. It’s been a very—very much of a two-way dialogue. You’ve clearly listen[ed] to us, and you’ve taught us a good deal.”
Commissioner Richard Ben-Veniste: “Let me first echo the comments of my colleagues on this Commission, say how much we appreciate not only the time that you’ve given us, but the interactive nature of our relationship with you. You have been responsive to our questions, you’ve come back, sometimes you’ve come back and showed up when you weren’t invited.”
Commissioner Slade Gorton: “Mr. Mueller, not only have you done a very aggressive and, I think, so far a very effective reorganization of the FBI, you’ve done an excellent job in preempting this Commission and its recommendations.” (9/11 Commission 4/13/2004; Shenon 2008, pp. 368-369)
The New York Times learns that FBI Director Robert Mueller has ordered FBI interrogators to stay out of CIA-led interrogations of suspected al-Qaeda members. Mueller, and many FBI officials, believe the CIA’s interrogation tactics are too brutal and violate domestic and international laws. Mueller and other FBI officials have objected to the use of techniques such as waterboarding, as well as forced starvation, forced drugging, and beatings. FBI officials told Mueller that the techniques would be prohibited in criminal cases. Some CIA officers are worried that public outrage over the recent revelations of prisoner abuse at Baghdad’s Abu Ghraib prison might lead to a closer examination of the agency’s treatment of al-Qaeda prisoners. “Some people involved in this have been concerned for quite a while that eventually there would be a new president, or the mood in the country would change, and they would be held accountable,” one says. “Now that’s happening faster than anybody expected.” (BBC 5/13/2004) In 2008, a Justice Department investigation (see May 20, 2008) will reveal that sometime in mid-2002, the FBI’s then-assistant director for counterterrorism, Pasquale D’Amuro, ordered FBI agents at Guantanamo to stop participating in interrogations and leave the facility. D’Amuro brought the issue to Mueller’s attention; according to the Justice Department report, D’Amuro “stated that his exact words to Mueller were ‘we don’t do that’ and that someday the FBI would be called to testify and he wanted to be able to say that the FBI did not participate in this type of activity.” D’Amuro was concerned that the use of such aggressive interrogation techniques “failed to take into account an ‘end game.’” The report will continue: “D’Amuro stated that even a military tribunal would require some standard for admissibility of evidence. Obtaining information by way of ‘aggressive’ techniques would not only jeopardize the government’s ability to use the information against the detainees, but also might have a negative impact on the agents’ ability to testify in future proceedings.” Mueller agreed with D’Amuro and issued what became a “bright line rule” barring FBI agents from participating in CIA and military interrogations involving such methods. (Isikoff and Hosenball 5/20/2008)
On May 17, 2004, security officials say that recent intelligence has led to increased concern about the possibility of a major terrorist attack in the US. It is believed that the attack could take place as early as the summer and before November, perhaps in an attempt to affect the outcome of the Presidential election. Potential targets include the dedication of the National World War II Memorial on the National Mall in Washington, the G8 economic summit on Sea Island, Georgia, Fourth of July celebrations, the Democratic convention in Boston, the Republican convention in New York, and the Olympics in Greece. However, no specific target, time or date is identified for the possible attack. Sources do state that the assessment is new and is the result of intelligence gathered over time. However, an official with the Department of Homeland Security, speaking on condition of anonymity, states that “We are not aware of any new highly credible intelligence indicating a planned attack in the US this summer. Nothing in the current intelligence is exceptionally specific.” (Arena 5/25/2004) The next day, Attorney General John Ashcroft and FBI Director Robert Mueller hold a news conference to warn of a “plane attack inside the United States.” They warn that terrorists are “poised for an immediate attack.” Ashcroft says “credible intelligence from multiple sources indicates that al-Qaeda plans to attempt an attack on the United States in the next few months. This disturbing intelligence indicates al-Qaeda’s specific intention to hit the United States hard.” (CNN 5/26/2004) The Justice Department asks for assistance in locating seven alleged terrorist operatives and states an increased concern about attacks over the summer. (CBS News 6/14/2004) It is later revealed the threat actually came from a group that falsely claimed responsibility for the terror attacks in Madrid. One expert says that the group is “not really taken seriously by Western intelligence.” These warnings come as the administration is under heavy criticism for failures in Iraq. The Abu Ghraib torture scandal dominates headlines. (Dreyfuss 9/21/2006 ) This warning also comes on the heels of other bad news for the Bush administration. During a May 16 interview on Meet the Press, Secretary of State Colin Powell is cut off by an aide while discussing misleading CIA information regarding WMD in Iraq. He admits that “it turned out that the sourcing was inaccurate and wrong and in some cases, deliberately misleading. And for that, I am disappointed and I regret it.” (MSNBC 6/15/2004) Three days later, Newsweek reports that White House counsel Alberto Gonzalez warned in a January 25, 2002 internal White House memo that US officials could be prosecuted for war crimes due to the unprecedented and unusual methods used by the Bush administration in the war on terrorism. (Isikoff 5/19/2004)
FBI Director Robert Mueller appears before the Senate Judiciary Committee and is asked if the FBI is aware of prisoner abuse by the military or the CIA similar to what happened at Abu Ghraib. Mueller is said to appear “uneasy and unusually hesitant.” Sen. Dianne Feinstein says: “He gave me a kind of gobbledygook answer. At best his answer was confusing and at worst it was obfuscatory.” Mueller’s response is that FBI agents “on occasion… may disagree with the handling of a particular interview.” (Isikoff and Hosenball 1/6/2005)
In an “Urgent Report” addressed to FBI Director Robert S. Mueller III, an FBI official says that an unidentified individual has “observed numerous physical abuse incidents of Iraqi civilian detainees conducted in… Iraq.” According to the FBI official, the informant said that the abuses included “strangulation, beatings, placement of lit cigarettes into the detainees ear openings, and unauthorized interrogations.” The FBI official also says that the informant provided the name of a person involved in covering up these abuses. The report is later released to the American Civil Liberties Union (ACLU) in a heavily redacted state, with several paragraphs blanked out. (Federal Bureau of Investigation 6/25/2004 )
A letter by FBI Director Robert Mueller regarding FBI whistleblower Sibel Edmonds is leaked to the media. Edmonds has made some very serious allegations about the FBI, including claims of important missed 9/11 warnings and the existence of a foreign spy ring inside US government agencies. Mueller’s letter reveals that a highly classified Justice Department report on Edmonds has concluded that her allegations “were at least a contributing factor in why the FBI terminated her services.” This report also criticizes the FBI’s failure to adequately pursue her allegations of espionage. An anonymous official states that the report concludes that some of her allegations were shown to be true, others cannot be corroborated because of a lack of evidence, and none of her accusations were disproved. (Lichtblau 7/29/2004)
The FBI prepares a detailed 300-page report in response to follow-up questions from the Senate Judiciary Committee about Director Mueller’s earlier testimony on May 20, 2004 (see May 20, 2004) regarding incidents of abuse known by the FBI. However the Justice Department refuses to release the report saying that it must first review it. (Isikoff and Hosenball 1/6/2005)
US News and World Report publishes a cover story about FBI Director Robert Mueller’s attempts to reform his agency. Insiders say that the senior leadership tends to withhold bad news from Mueller. Says one anonymous FBI official, “[Mueller] is so isolated and shielded.” The article notes that there has been a “head-spinning exodus of top-tier executives - five officials have held the top counterterrorism job since 9/11; five others held the top computer job in 2002-2003 alone.” Mueller has reduced the autonomy of the field offices and centralized all major terrorism investigations at FBI headquarters. The 9/11 Commission in the 2004 final report had few recommendations on how to reform the FBI, largely leaving the issue to Mueller’s discretion. 9/11 Commissioner Timothy Roemer says that in retrospect, “[Mueller] knows how to play the system, how to play Congress, and he certainly worked the 9/11 Commission.” (Ragavan 3/28/2005)
Robert Mueller, the director of the FBI, answers the following question during testimony before the Senate: Barbara Mikulski (D-MD) asks Mueller and Attorney General Alberto Gonzales, “Can the National Security Agency, the great electronic snooper, spy on the American people?” Mueller replies, “I would say generally, they are not allowed to spy or to gather information on American citizens.” (Risen and Lichtblau 12/15/2005)
FBI Director Robert Mueller tells an audience at an InfraGard convention, “Those of you in the private sector are the first line of defense.” InfraGard is an organization made up of private business executives and employees who work with the FBI in counterterrorism, surveillance, and other areas (see 1996-2008). Mueller urges InfraGard members to contact the FBI if they “note suspicious activity or an unusual event.” And he urges members to inform the FBI about “disgruntled employees who will use knowledge gained on the job against their employers.” After the convention, Muller says of InfraGard, “It’s a great program.” (Rothschild 2/7/2008)
The FBI terminates its two-year investigation into who disseminated the forged documents that alleged Iraq attempted to purchase uranium from Niger (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). Italian intelligence chief Nicolo Pollari has confirmed that former Italian intelligence agent Rocco Martino disseminated the documents (see November 3, 2005). FBI chief Robert Mueller has praised Pollari and SISMI’s cooperation with the bureau’s investigation. In part because of information provided by SISMI to the FBI, the bureau concludes that the forgeries were produced by a person or persons for personal profit, and rules out any possibility that SISMI attempted to influence US policies. The Italian newspaper La Repubblica has published a three-part investigative series claiming Pollari had knowingly provided the US and Great Britain with the forgeries (see October 16, 2001, October 18, 2001, December 9, 2001, and September 9, 2002), perhaps at the behest of Italian Prime Minister Silvio Berlusconi, who it says was said to be eager to help President Bush in the search for weapons in Iraq (see (After October 18, 2001)). Berlusconi has denied any involvement. (Sciolino and Povoledo 11/4/2005)
FBI director Robert Mueller orders a criminal probe into FBI officials who used misleading “exigent letters”—letters used in lieu of National Security Letters (NSLs) that demand information on an emergency basis—to acquire thousands of US citizens’ phone records. Mueller tells civil liberties groups of the probe, which focuses on the activities of the Communications Analysis Unit (CAU). The probe could result in criminal prosecutions for misuse of Patriot Act investigative tools. NSLs are powerful subpoenas that can be issued by FBI supervisors without court supervisions, and have played central roles in previous allegations of misuse (see February 2005). The probe is investigating incidents where CAU officials wrote “exigent letters” to telecommunications firms requesting immediate wiretaps and promising that court warrants would be forthcoming—but the warrants had never been applied for and were never issued. Some FBI employees have already been granted immunity in return for their testimony. NSLs are routinely used to provide investigators in terrorism and espionage cases with data from phone companies, banks, credit reporting agencies, and Internet service providers on any US citizens considered “relevant” to an ongoing investigation. This information is then stored in three separate computer systems, including a shared data-mining system called the Investigative Data Warehouse. Though warned in 2001 to use this power with restraint, FBI agents have so far issued over 47,000 NSLs, more than half of those targeting Americans. In the case of the CAU, a support bureau which analyzes suspected terrorist communications and provides intelligence to the FBI’s Counterterrorism Division, its officials cannot issue subpoenas, but must have counterterrorism investigators do so. But the CAU has issued at least 739 “exigent letters” to AT&T, Verizon, and MCI seeking information on over 3,000 phone numbers; some of the individual letters contained requests for over 100 numbers. The letters read in part, “Due to exigent circumstances, it is requested that records for the attached list of telephone numbers be provided. Subpoenas requesting this information have been submitted to the US Attorney’s Office who will process and serve them formally to [telecom firm] as expeditiously as possible.” (Singel 7/12/2007) (Reporter Ryan Singel notes, The most striking thing about these exigent letters… is that they all use the same pathetic, passive bureaucratese.”) (Singel 7/10/2007) No such subpoena requests had been filed with the particular US attorneys, and only some of the requests were later followed up with proper legal processes. CAU chief Bassem Youssef says he ended the problem after he took over the unit in 2005, and says his attempts to provide post-facto legal processes were often hampered by uncooperative field offices. Youssef is suing the FBI over his complaints that the bureau was wasting his Arabic-language skills and antiterrorism experience and the bureau’s alleged retaliation. (Singel 7/12/2007)
George Christian, a Connecticut librarian and data manager who fought a National Security Letter from the FBI demanding information about his library’s patrons (see July 13, 2005 and August 2005-May 2006), testifies before the Senate Judiciary Committee. Christian, who along with his three fellow plaintiffs, has repeatedly spoken about what he considers the Justice Department’s egregrous abuse of power and its invasion of privacy, and his opposition to the USA Patriot Act, which has given the FBI the ability to not only demand private information from libraries about their patrons, but require those librarians to keep quiet about the request. Though the court battle restored Christian’s ability to speak publicly about his encounter with the FBI, he testifies, “We feel an obligation to the tens of thousands of others who received National Security Letters and now will live under a gag order for the rest of their lives.” He tells the committee, “Our saga should raise a big patriotic American flag of caution about how our civil liberties are being sorely tested by law enforcement abuses of national security letters. The questions raised vindicate the concerns that the library community and others have had for over five years about the broad powers expanded under the USA Patriot Act.… We believe changes can be made that conform to the rule of law, do not sacrifice law enforcement’s abilities to pursue terrorists ,yet maintain civil liberties guaranteed by the US Constitution.” Libraries “should remain pillars of democracy, institutions where citizens could come to explore their concerns, confident that they could find information on all sides of controversial issues and confident that their explorations would remain personal and private.” He quotes one of his fellow plaintiffs: “[S]pying on people in the library is like spying on them in the voting booth.” Christian also says that while many believe that library records are now protected by the revised Patriot Act, in fact, they are not. He says that “a loophole inserted into the wording allows the FBI to use a national security letter to obtain library records anyway.” He notes that FBI director Robert Mueller has admitted to the Senate Judiciary Committee that the new language “did not actually change the law.” Similarly, the revised Patriot Act still gives the government the power to impose near-unlimited gag orders on NSL recipients—though the new law seems to give recipients the ability to challenge such gag orders, the law says that if the government declares that lifting such a gag order would “harm national security,” the court must accept that assertion and refuse to lift the order. “Hence, there is no prior judicial review to approve an NSL and, with rare exception, no legal way to challenge an NSL after the fact,” Christian testifies. “It is the secrecy surrounding the issuance of NSLs that permits their misuse. Because of the fact that all recipients of NSLs are perpetually gagged, no one knew the FBI was issuing so many. No one knew there was no public examination of the practice. No one could ask if over 143,000 National Security Letters in two years are necessary.… Secrecy that prevents oversight and public debate is a danger to a free and open society.” (Senate Judiciary Committee 4/11/2007)
Former Deputy Attorney General James Comey delivers dramatic testimony before the Senate Judiciary Committee about the March 2004 attempts by then-White House counsel Alberto Gonzales and then-White House chief of staff Andrew Card to pressure a seriously ill John Ashcroft, then the attorney general, to certify the legality of the Bush/NSA domestic wiretapping program (see March 10-12, 2004, Early 2002). Comey testifies that even though he, who at the time has the full authority of the attorney general during Ashcroft’s illness, and Ashcroft both refused to authorize the program due to their belief that the program is illegal, President Bush will certify the program anyway. Only a threatened mass resignation by Ashcroft, Comey, FBI director Robert Mueller, and other senior officials will persuade Bush, weeks later, to make changes in the program that bring it somewhat closer to operating within the law. (Think Progress 5/15/2007; Eggen and Kane 5/16/2007)
Bush Sent Gonzales, Card to Ashcroft's Hospital Room, Comey Believes - Comey says that while he cannot be certain, he believes Gonzales and Card went to Ashcroft’s hospital room on orders from President Bush: “I have some recollection that the call was from the president himself, but I don’t know that for sure,” he tells the committee. His major concern in heading off Gonzales and Card at the hospital, Comey testifies, is that, “given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that.” Comey says he was “stunned” by how forceful Ashcroft was in refusing to comply with Gonzales and Card’s directive to sign the reauthorization.
Gonzales a 'Loyal Bushie' - Committee members are openly contemptuous of Gonzales’s actions, and question his fitness to serve as attorney general. “He’s presided over a Justice Department where being a, quote, loyal Bushie seems to be more important than being a seasoned professional, where what the White House wants is more important than what the law requires or what prudence dictates,” says Charles Schumer (D-NY). Arlen Specter (R-PA) is hardly less critical. “It is the decision of Mr. Gonzales as to whether he stays or goes, but it is hard to see how the Department of Justice can function and perform its important duties with Mr. Gonzales remaining where he is,” Specter says. “And beyond Mr. Gonzales’s decision, it’s a matter for the president as to whether the president will retain the attorney general or not.” (Stout 5/15/2007)
Not a 'Team Player' - Interestingly, President Bush views Comey with disdain because Comey isn’t what Bush calls a “team player;” Bush earlier tagged Comey, who resigned his position in 2005 and who previously tangled with the White House over its embrace of torture for terrorist suspects, with the derisive nickname “Cuomo,” after the former Democratic governor of New York, Mario Cuomo, famous for vacillating over whether to run for the presidency in the 1980s. The White House denies the nickname. (Thomas and Klaidman 1/9/2006) Comey is not popular in the White House in part because of his 2003 appointment of special prosecutor Patrick Fitzgerald to investigate Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, for perjury connected to the outing of CIA agent Valerie Plame Wilson (see Shortly after February 13, 2002). And after the 9/11 attacks, Comey challenged Cheney’s assertions that the use of torture and other “war on terror” policies were legal (see January 9, 2002). Comey says he has been prepared to testify about the Ashcroft hospital visit for three years, but never did until now, because “Nobody ever asked.…I’ve never been in a forum where I was obligated to answer the question. Short of that, it was not something I was going to volunteer.” Card says that his actions at the hospital earned him bureaucratic punishment from Card. After Gonzales became attorney general, Ashcroft’s then-chief of staff, Kyle Sampson, told Comey that Gonzales’s “vision” was to merge the deputy’s office with Gonzales’s own office, stripping Comey of much of his autonomy and reducing him, in essence, to a staff member. Comey refused to cooperate. “You may want to try that with the next deputy attorney general,” Comey told Sampson. “But it’s not going to work with me.” (Ragavan 5/20/2007)
Attorney General Alberto Gonzales testifies before the Senate Judiciary Committee concerning his 2004 visit to then-Attorney General John Ashcroft’s hospital room to pressure Ashcroft into signing a recertification of the NSA’s secret domestic wiretapping program (see March 10-12, 2004). Former Deputy Attorney General James Comey has already testified before the same committee (see May 15, 2007) that Gonzales, then White House counsel, and then-chief of staff Andrew Card tried to pressure Ashcroft, then just hours out of emergency surgery, to overrule Comey, who was acting attorney general during Ashcroft’s incapacitation. Gonzales and Card were unsuccessful, and Comey, along with Ashcroft, FBI director Robert Mueller, and others, threatened to resign if the program wasn’t brought into line with the Constitution. But today Gonzales tells a quite different story. Gonzales tells the committee that he and Card only went to Ashcroft because Congress itself wanted the program to continue (see March 10, 2004), and he and Card merely intended to “inform” Ashcroft about Comey’s decision, and not to try to get Ashcroft to overrule Comey. Many of the senators on the committee are amazed at Gonzales’s contention that Congress wanted Comey overruled. And they are equally appalled at Gonzales’s seemingly cavalier explanation that he and Card were not, as Comey has testified, trying to pressure a sick man who “wasn’t fully competent to make that decision” to overrule his deputy in such a critical matter: Gonzales’s contention that “there are no rules” governing such a matter does not carry much weight with the committee. Many senators, including Dianne Feinstein (D-CA), simply do not believe Gonzales’s explanations; she says that to secure Ashcroft’s reversal was “clearly the only reason why you would go see the attorney general in intensive care.” Gonzales replies that he and Card were operating under what he calls “extraordinary circumstances,” in which “we had just been advised by the Congressional leadership, go forward anyway, and we felt it important that the attorney general, general Ashcroft, be advised of those facts.” Only later in the hearing does Sheldon Whitehouse (D-RI) force Gonzales to admit that he was indeed carrying a reauthorization order from the White House, something that he likely would not have had if he were not there to secure Ashcroft’s signature. (Ackerman 7/24/2007) Committee chairman Patrick Leahy (D-VT) says in his opening statement that Gonzales has “a severe credibility problem,” and continues, “It is time for the attorney general to fully answer these questions and to acknowledge and begin taking responsibility for the acute crisis of leadership that has gripped the department under his watch.” He goes on to note that the Bush administration has squandered the committee’s trust “with a history of civil liberty abuses and cover-ups.” Gonzales garners little trust with his own opening, which states in part, “I will not tolerate any improper politicization of this department. I will continue to make efforts to ensure that my staff and others within the department have the appropriate experience and judgment so that previous mistakes will not be repeated. I have never been one to quit.” (USA Today 7/24/2007)
'I Don't Trust You' - Arlen Specter (R-PA) is another senator who questions Gonzales’s veracity. “Assuming you’re leveling with us on this occasion,” he says, “…I want to move to the point about how can you get approval from Ashcroft for anything when he’s under sedation and incapacitated—for anything.” Gonzales replies, “Senator, obviously there was concern about General Ashcroft’s condition. And we would not have sought nor did we intend to get any approval from General Ashcroft if in fact he wasn’t fully competent to make that decision. But General—there are no rules governing whether or not General Ashcroft can decide, ‘I’m feeling well enough to make this decision.’” Gonzales adds that the fact that Comey was acting attorney general was essentially irrelevant, as Ashcroft “could always reclaim that. There are no rules.” “While he’s in the hospital under sedation?” Specter asks incredulously. (Ackerman 7/24/2007) “It seems to me that it is just decimating, Mr. Attorney General, as to both your judgment and your credibility. And the list goes on and on.” (USA Today 7/24/2007) After Gonzales’s restatement of his version of events, Specter observes tartly, “Not making any progress here. Let me go to another topic.” Gonzales goes on to say that he and Card visited Ashcroft hours after they had informed the so-called “Gang of Eight,” the eight Congressional leaders who are sometimes briefed on the surveillance program, that Comey did not intend to recertify the program as legal, “despite the fact the department had repeatedly approved those activities over a period of over two years. We informed the leadership that Mr. Comey felt the president did not have the authority to authorize these activities, and we were there asking for help, to ask for emergency legislation.” Gonzales claims that the Congressional leaders felt that the program should be reauthorized with or without Comey’s approval, and that since it would be “very, very difficult to obtain legislation without compromising this program…we should look for a way ahead.” Gonzales confirms what Comey has already said, that Ashcroft refused to overrule Comey. “…I just wanted to put in context for this committee and the American people why Mr. Card and I went. It’s because we had an emergency meeting in the White House Situation Room, where the congressional leadership had told us, ‘Continue going forward with this very important intelligence activity.’” Feinstein is also obviously impatient with Gonzales’s testimony, saying, “And I listen to you. And nothing gets answered directly. Everything is obfuscated. You can’t tell me that you went up to see Mr. Comey for any other reason other than to reverse his decision about the terrorist surveillance program. That’s clearly the only reason you would go to see the attorney general in intensive care.” Gonzales says that he and Card were only interested in carrying out the will of the Congressional leadership: “Clearly, if we had been confident and understood the facts and was inclined to do so, yes, we would have asked him to reverse [Comey’s] position.” When Feinstein confronts Gonzales on the contradictions between his own testimony’s and Comey’s, Gonzales retreats, claiming that the events “happened some time ago and people’s recollections are going to differ,” but continues to claim that the prime purpose of the visit was merely to inform Ashcroft of Comey’s resistance to reauthorizing the program. Like some of his fellows, Leahy is reluctant to just come out and call Gonzales a liar, but he interrupts Gonzales’s tortured explanations to ask, “Why not just be fair to the truth? Just be fair to the truth and answer the question.” (Ackerman 7/24/2007) Leahy, out of patience with Gonzales’s evasions and misstatements, finally says flatly, “I don’t trust you.” (CNN 7/24/2007)
Whitehouse Grills Gonzales - Whitehouse wants to know if the program “was run with or without the approval of the Department of Justice but without the knowledge and approval of the attorney general of the United States, if that was ever the case.” Gonzales says he believes the program ran with Ashcroft’s approval for two years before the hospital incident: “From the very—from the inception, we believed that we had the approval of the attorney general of the United States for these activities, these particular activities.” It is now that Gonzales admits, under Whitehouse’s questioning, that he indeed “had in my possession a document to reauthorize the program” when he entered Ashcroft’s hospital room. He denies knowing anything about Mueller directing Ashcroft’s security detail not to let him and Card throw Comey out of the hospital room, as Comey previously testified. Whitehouse says, “I mean, when the FBI director considers you so nefarious that FBI agents had to be ordered not to leave you alone with the stricken attorney general, that’s a fairly serious challenge.” Gonzales replies that Mueller may not have known that he was merely following the wishes of the Congressional leadership in going to Ashcroft for reauthorization: “The director, I’m quite confident, did not have that information when he made those statements, if he made those statements.” (Ackerman 7/24/2007; CNN 7/24/2007)
'Deceiving This Committee' - Charles Schumer (D-NY), one of Gonzales’s harshest critics, perhaps comes closest to accusing Gonzales of out-and-out lying. Schumer doesn’t believe Gonzales’s repeated assertions that there was little or no dissent among White House and Justice Department officials about the anti-terrorism programs, and what little dissent there is has nothing to do with the domestic surveillance program. “How can you say you haven’t deceived the committee?” Schumer asks. Gonzales not only stands by his claims, but says that the visit to Ashcroft’s hospital bed was not directly related to the NSA program, but merely “about other intelligence activities.” He does not say what those other programs might be. An exasperated Schumer demands, “How can you say you should stay on as attorney general when we go through exercises like this? You want to be attorney general, you should be able to clarify it yourself.” (Associated Press 7/24/2007) Specter does not believe Gonzales any more than Schumer does; he asks Gonzales tartly, “Mr. Attorney General, do you expect us to believe that?” (CNN 7/24/2007) In his own questioning, Whitehouse says that he believes Gonzales is intentionally misleading the committee about which program caused dissent among administration officials. Gonzales retorts that he can’t go into detail in a public hearing, but offers to provide senators with more information in private meetings. (Associated Press 7/24/2007) Gonzales’s supporters will later claim that Gonzales’s characterization of little or no dissent between the White House and the Justice Department is technically accurate, because of differences between the NSA’s warrantless wiretapping program and that agency’s data mining program, but Senate Democrats do not accept that explanation (see Early 2004, May 16, 2007).
Executive Privilege Undermines Congressional Oversight? - Specter asks Gonzales how there can be a constitutional government if the president claims executive privilege when Congress exerts its constitutional authority for oversight. Gonzales refuses to answer directly. “Senator, both the Congress and the president have constitutional authorities,” Gonzales says. “Sometimes they clash. In most cases, accommodations are reached.” “Would you focus on my question for just a minute, please?” Specter retorts. Gonzales then replies, “Senator, I’m not going to answer this question, because it does relate to an ongoing controversy in which I am recused,” eliciting a round of boos from the gallery. (CNN 7/24/2007)
Mueller Will Contradict Gonzales - Mueller will roundly contradict Gonzales’s testimony, and affirm the accuracy of Comey’s testimony, both in his own testimony before Congress (see July 26, 2007) and in notes the FBI releases to the media (see August 16, 2007).
Impeach Gonzales for Perjury? - The New York Times writes in an op-ed published five days after Gonzales’s testimony, “As far as we can tell, there are three possible explanations for Mr. Gonzales’s talk about a dispute over other—unspecified—intelligence activities. One, he lied to Congress. Two, he used a bureaucratic dodge to mislead lawmakers and the public: the spying program was modified after Mr. Ashcroft refused to endorse it, which made it ‘different’ from the one Mr. Bush has acknowledged. The third is that there was more wiretapping than has been disclosed, perhaps even purely domestic wiretapping, and Mr. Gonzales is helping Mr. Bush cover it up. Democratic lawmakers are asking for a special prosecutor to look into Mr. Gonzales’s words and deeds. Solicitor General Paul Clement has a last chance to show that the Justice Department is still minimally functional by fulfilling that request. If that does not happen, Congress should impeach Mr. Gonzales.” (New York Times 7/29/2007) A Washington Post editorial from May 2007 was hardly more favorable to Gonzales: “The dramatic details should not obscure the bottom line: the administration’s alarming willingness, championed by, among others, Vice President Cheney and his counsel, David Addington, to ignore its own lawyers. Remember, this was a Justice Department that had embraced an expansive view of the president’s inherent constitutional powers, allowing the administration to dispense with following the Foreign Intelligence Surveillance Act. Justice’s conclusions are supposed to be the final word in the executive branch about what is lawful or not, and the administration has emphasized since the warrantless wiretapping story broke that it was being done under the department’s supervision. Now, it emerges, they were willing to override Justice if need be. That Mr. Gonzales is now in charge of the department he tried to steamroll may be most disturbing of all.” (Washington Post 5/16/2007)
FBI Director Robert Mueller testifies before the House Judiciary Committee about the NSA’s warrantless wiretapping program (see Early 2002), which many believe to be illegal. Mueller directly contradicts testimony given the day before by Attorney General Alberto Gonzales (see July 24, 2007), where Gonzales claimed that “there has not been any serious disagreement about the program that the president has confirmed.” Mel Watt (D-NC) asks Mueller, “Can you confirm that you had some serious reservations about the warrantless wiretapping program that kind of led up to this?” Mueller replies, “Yes.” Later, Sheila Jackson-Lee (D-TX) asks about the now-notorious visit by Gonzales and then-chief of staff Andrew Card to then-Attorney General John Ashcroft’s hospital room, where they tried to pressure the heavily sedated Ashcroft to reauthorize the program (see March 10-12, 2004). Gonzales testified that he and Card visited Ashcroft to discuss “other intelligence matters,” and not the NSA surveillance program. Jackson-Lee asks, “Did you have an understanding that the conversation was on TSP?” referring to the current moniker of the NSA operation, the “Terrorist Surveillance Program.” Mueller replies, “I had an understanding that the discussion was on an NSA program, yes.” Jackson-Lee says, “I guess we use ‘TSP,’ we use ‘warrantless wiretapping,’ so would I be comfortable in saying that those were the items that were part of the discussion?” Mueller agrees: “The discussion was on a national NSA program that has been much discussed, yes.” (Speaker of the House 7/26/2007; Stout 7/26/2007)
Legal analyst Jeffrey Toobin says he is “shocked” and “appalled” by the apparent perjury of Attorney General Alberto Gonzales to Congress. Gonzales testified (see July 24, 2007) under oath about a 2004 visit to a hospitalized John Ashcroft by himself and then-White House chief of staff Andrew Card to pressure Ashcroft, then the attorney general, to overrule the acting attorney general, James Comey, and reauthorize the National Security Agency’s domestic wiretapping program (see December 15, 2005). Toobin says of Gonzales’s apparent perjury, “You know, it’s our job to be jaded and not to be shocked. But I’m shocked. I mean, this is such an appalling set of circumstances. And the Justice Department is full of the most honorable, decent, skilled lawyers in the country. And to be led by someone who is so repudiated by members of both parties is, frankly, just shocking.” Toobin explains the nature of Gonzales’s alleged lies: when Gonzales was first asked, under oath, if there was any dispute among Justice Department and White House officials over the NSA program, he denied any such debates had taken place (see May 16, 2007). But months later, Comey testified (see May 15, 2007) that there was so much dissension in the Justice Department concerning the program that the attempt to pressure the ailing Ashcroft to reauthorize the program brought the dissent to a head: Comey, Ashcroft, FBI director Robert Mueller, and other officials threatened to resign if the program was not brought into line. Comey flatly contradicted Gonzales’s version of events. (Weeks from now, Mueller will release five pages of his own notes from that 2004 hospital meeting that will confirm Comey’s veracity; see August 16, 2007.) After Comey’s testimony called Gonzales’s truthfulness into question, Gonzales changed his story. He told his Congressional questioners that there were in fact two different programs that were being discussed at Ashcroft’s bedside, one controversial and the other not. Mueller has also testified that there is only one program causing such dispute: the NSA warrantless surveillance program. Toobin says, “So, this week, what happened was, the Senators said, well, what do you mean? How could you say it was uncontroversial, when there was this gigantic controversy? And Gonzales said, oh, no, no, no, we’re talking about two different programs. One was controversial. One wasn’t. But Mueller said today it was all just one program, and Gonzales, by implication, is not telling the truth.” The White House contends that the apparent contradiction of Gonzales’s varying statements is explained by the fact that all such surveillance programs are so highly classified that Gonzales cannot go into enough detail about the various programs to explain his “confusing” testimony. But Toobin disputes that explanation: “Mueller didn’t seem confused. No one seems confused, except Alberto Gonzales.” (CNN 7/26/2007; Edwards and Menaker 7/27/2007)
Four Democratic members of the Senate Judiciary Committee request that Attorney General Alberto Gonzales be investigated for perjury in light of his contradictory testimony to the Senate Judiciary Committee regarding the NSA warrantless wiretapping program (see July 24, 2007). “It has become apparent that the attorney general has provided at a minimum half-truths and misleading statements,” the four senators—Charles Schumer (D-NY), Dianne Feinstein (D-CA), Russ Feingold (D-WI), and Sheldon Whitehouse (D-RI)—write in a letter to Solicitor General Paul Clement calling for a special counsel to investigate. “We ask that you immediately appoint an independent special counsel from outside the Department of Justice to determine whether Attorney General Gonzales may have misled Congress or perjured himself in testimony before Congress.” (Senate Judiciary Committee 7/26/2007) (The letter is sent to Clement because he would be the one to decide whether to appoint a special counsel. Gonzales and outgoing Deputy Attorney General Paul McNulty have recused themselves from any such investigation due to their own involvement in the incidents. The next person in line at the Justice Department, acting Associate Attorney General William Mercer, lacks the authority to make such a decision.) (CBS News 7/26/2007) Senate Majority Leader Harry Reid (D-NV), who did not sign the letter but supports the request for a special counsel, says, “I’m convinced that he’s not telling the truth.” The call for a special counsel follows earlier testimony by FBI director Robert Mueller that flatly contradicted Gonzales’s testimony (see July 26, 2007), though White House spokespersons denied that Mueller contradicted Gonzales.
White House Denies Perjury Allegation - White House press secretary Tony Snow says the apparent contradictions stem from Gonzales’s and Mueller’s restrictions in testifying in public about the classified program. “The FBI director didn’t contradict the testimony,” Snow says. “It is inappropriate and unfair to ask people to testify in public settings about highly classified programs. The president, meanwhile, maintains full confidence in the attorney general.” And Justice Department spokesman Brian Roehrkasse insists that Gonzales was referring during his testimony to a separate intelligence operation that has not yet been revealed, though numerous other sources have contradicted that position (see July 25, 2007). “The disagreement that occurred in March 2004 concerned the legal basis for intelligence activities that have not been publicly disclosed and that remain highly classified,” Roehrkasse says.
Further Instances of Misleading Testimony - Senate Democrats also assert that Gonzales has repeatedly given false and misleading testimony about the US attorney firings, has been part of a White House program to encourage White House aides to ignore Congressional subpoenas, has falsely claimed that he has never discussed the firings with other witnesses (including White House aide Monica Goodling, who recently testified that she discussed the firings with Gonzales), and other instances of deception. Schumer says, “There’s no wiggle room. Those are not misleading [statements]. Those are deceiving. Those are lying.” (Kellman and Jordan 7/26/2007) Schumer says at a press conference later in the day, “The attorney general took an oath to tell the truth, the whole truth and nothing but the truth. Instead, he tells the half-truth, the partial truth and everything but the truth. And he does it not once, and not twice, but over and over and over again. His instinct is not to tell the truth but to dissemble and deceive.…I have not seen anything like it from a witness in the 27 years that I have been in Congress.” Feingold adds, “Based on what we know and the evidence about what happened in terms of the gang of eight and what he said in that sworn testimony in the committee, I believe it’s perjury.…Not just misleading—perjury.” (US Senate 7/26/2007) Judiciary Committee chairman Patrick Leahy (D-VT) does not sign the letter asking for the investigation, and has instead sent his own letter to Gonzales giving him a week to resolve the inconsistencies in his testimony. “The burden is on him to clear up the contradictions,” Leahy says. Leahy is joined by ranking Republican committee member Arlen Specter (R-PA), who says the call for a special counsel is premature. Specter accuses Schumer of “throwing down the gauntlet and making a story in tomorrow’s newspapers.” (Kellman and Jordan 7/26/2007) Specter has suggested that Gonzales resign instead of continuing as attorney general. (USA Today 7/26/2007)
'Linguistic Parsing' - Justice Department aides acknowledge that Gonzales’s self-contradictory testimonies have caused confusion because of his “linguistic parsing.” (Stout 7/26/2007)
Notes made by FBI Director Robert Mueller about the 2004 attempt by then-White House counsel Alberto Gonzales and then-chief of staff Andrew Card to pressure ailing Attorney General John Ashcroft to reauthorize the secret NSA warrantless wiretapping program contradict Gonzales’s July testimony before the Senate Judiciary Committee about the events of that evening (see March 10-12, 2004 and July 24, 2007). Gonzales’s testimony was already at odds with previous testimony by former deputy attorney general James Comey (see May 15, 2007). Gonzales testified that Ashcroft was lucid and articulate, even though Ashcroft had had emergency surgery just hours before (see March 10-12, 2004), and he and Card had merely gone to Ashcroft’s hospital room to inform Ashcroft of Comey’s refusal to authorize the program (see May 15, 2007). But Mueller’s notes of the impromptu hospital room meeting, turned over to the House Judiciary Committee today, portray Ashcroft as “feeble,” “barely articulate,” and “stressed” during and after the confrontation with Gonzales and Card. (US Department of Justice 8/16/2007; Eggen 8/17/2007; Associated Press 8/17/2007) Mueller wrote that Ashcroft was “in no condition to see them, much less make decision [sic] to authorize continuation of the program.” Mueller’s notes confirm Comey’s testimony that Comey requested Mueller’s presence at the hospital to “witness” Ashcroft’s condition. (Roh 8/16/2007)
Mueller Directed FBI Agents to Protect Comey - The notes, five pages from Mueller’s daily log, also confirm Comey’s contention that Mueller had directed FBI agents providing security for Ashcroft at the hospital to ensure that Card and Gonzales not be allowed to throw Comey out of the meeting. Gonzales testified that he had no knowledge of such a directive. Mueller’s notes also confirm Comey’s testimony, which held that Ashcroft had refused to overrule Comey’s decision because he was too sick to resume his authority as Attorney General; Ashcroft had delegated that authority to Comey for the duration of his hospital stay. Gonzales replaced Ashcroft as attorney general for President Bush’s second term. Representative John Conyers (D-MI), chairman of the House Judiciary Committee, says that Mueller’s notes “confirm an attempt to goad a sick and heavily medicated Ashcroft to approve the warrantless surveillance program. Particularly disconcerting is the new revelation that the White House sought Mr. Ashcroft’s authorization for the surveillance program, yet refused to let him seek the advice he needed on the program.” (Ashcroft had previously complained that the White House’s insistence on absolute secrecy for the program had precluded him from receiving legal advice from his senior staffers, who were not allowed to know about the program.)
Notes Contradict Other Testimony - Mueller’s notes also contradict later Senate testimony by Gonzales, which he later “clarified,” that held that there was no specific dispute among White House officials about the domestic surveillance program, but that there was merely a difference of opinion about “other intelligence activities.” (Johnston and Shane 8/16/2007; Eggen 8/17/2007) In his earlier Congressional testimony (see July 26, 2007), which came the day after Gonzales’s testimony, Mueller said he spoke with Ashcroft shortly after Gonzales left the hospital, and Ashcroft told him the meeting dealt with “an NSA program that has been much discussed….” (Frieden 7/25/2007) Mueller did not go into nearly as much detail during that session, declining to give particulars of the meeting in Ashcroft’s hospital room and merely describing the visit as “out of the ordinary.” (House Judiciary Committee 7/26/2007; Johnston and Shane 8/16/2007) Mueller’s notes show that White House and Justice Department officials were often at odds over the NSA program, which Bush has lately taken to call the “Terrorist Surveillance Program.” Other information in the notes, including details of several high-level meetings concerning the NSA program before and after the hospital meeting, are redacted.
Call for Inquiry - In light of Mueller’s notes, Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, has asked the Justice Department’s inspector general, Glenn Fine, to investigate whether Gonzales has misled lawmakers—in essence, committed perjury—in his testimony about the NSA program as well as in other testimony, particularly statements related to last year’s controversial firings of nine US attorneys. Other Democrats have asked for a full perjury investigation (see July 26, 2007). (Eggen 8/17/2007) Leahy writes to Fine, “Consistent with your jurisdiction, please do not limit your inquiry to whether or not the attorney general has committed any criminal violations. Rather, I ask that you look into whether the attorney general, in the course of his testimony, engaged in any misconduct, engaged in conduct inappropriate for a Cabinet officer and the nation’s chief law enforcement officer, or violated any duty.” (Associated Press 8/17/2007)
In House testimony, FBI Director Robert Mueller and Lieutenant General Michael Maples of the Defense Intelligence Agency say that they stand by their agencies’ decisions not to waterboard detainees. Two days before, CIA Director Michael Hayden and Director of National Intelligence Mike McConnell testified that the CIA had used waterboarding and might do so again (see February 5, 2008). The Pentagon has banned its employees from using the tactic, and the FBI has stated, “its investigators do not use coercive tactics when interviewing terror suspects.” Rush Holt (D-NJ) asks Mueller and Maples why their agencies do not use coercive interrogation: “Do you never interrogate people who have critical information?” Mueller responds: “Our protocol is not to use coercive techniques. That is our protocol. We have lived by it. And it is sufficient and appropriate for our mission here in the United States.… We believe in the appropriateness of our techniques to our mission here in the United States.” Maples adds: “The Army Field Manual guides our efforts and the efforts of the armed forces.… We believe that the approaches that are in the Army Field Manual give us the tools that are necessary for the purpose under which we are conducting interrogations.” The field manual bans the use of coercion against detainees. (Khanna 2/7/2008) The same day, Attorney General Michael Mukasey announces his decision not to investigate the US’s use of waterboarding (see February 7, 2008).
A front-page Washington Post story reveals that, eight years after al-Qaeda bombed the USS Cole just off the coast of Yemen and killed 17 US soldiers (see October 12, 2000), “all the defendants convicted in the attack have escaped from prison or been freed by Yemeni officials.”
Two Key Suspects Keep Slipping from Yemeni Prisons - For instance, Jamal al-Badawi, a Yemeni and key organizer of the bombing, broke out of Yemeni prisons twice and then was secretly released in 2007 (see April 11, 2003-March 2004, February 3, 2006 and October 17-29, 2007). The Yemeni government jailed him again after the US threatened to cut aid to the country, but apparently he continues to freely come and go from his prison cell. US officials have demanded the right to perform random inspections to make sure he stays jailed. Another key Cole suspect, Fahad al-Quso, also escaped from a Yemeni prison and then was secretly released in 2007 (see May 2007). Yemen has refused to extradite al-Badawi and al-Quso to the US, where they have been indicted for the Cole bombing. FBI Director Robert Mueller flew to Yemen in April 2008 to personally appeal to Yemeni President Ali Abdallah Saleh to extradite the two men. However, Saleh has refused, citing a constitutional ban on extraditing its citizens. Other Cole suspects have been freed after short prison terms in Yemen, and at least two went on to commit suicide attacks in Iraq.
US Unwilling to Try Two Suspects in Its Custody - Two more key suspects, Khallad bin Attash and Abd al-Rahim al-Nashiri, were captured by US forces and have been transferred to the US-run Guantanamo prison. Al-Nashiri is considered the mastermind of the Cole bombing, but the US made the decision not to indict either of them because pending criminal charges could have forced the CIA or the Pentagon to give up custody of the men. Al-Quso, bin Attash, and al-Nashiri all attended a key 2000 al-Qaeda summit in Malaysia where the 9/11 attacks were discussed (see January 5-8, 2000).
'The Forgotten Attack' - A week after the Cole bombing, President Bill Clinton vowed to hunt down the plotters and promised, “Justice will prevail.” But less than a month after the bombing, George W. Bush was elected president. Roger Cressey, a former counterterrorism official in the Clinton and Bush administrations who helped oversee the White House’s response to the Cole bombing, says, “During the first part of the Bush administration, no one was willing to take ownership of this. It didn’t happen on their watch. It was the forgotten attack.”
'Back to Square One' - Former FBI agent Ali Soufan, a lead investigator into the bombing, complains, “After we worked day and night to bring justice to the victims and prove that these Qaeda operatives were responsible, we’re back to square one. Do they have laws over there or not? It’s really frustrating what’s happening.” The Post comments, “Basic questions remain about which individuals and countries played a role in the assault on the Cole.”
Possible Government Complicity - One anonymous senior Yemeni official tells the Post that al-Badawi and other al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. For instance, in 2006, an al-Qaeda suicide attack in Yemen came just days before elections there, and Saleh tried to link one of the figures involved to the opposition party, helping Saleh win reelection (see September 15, 2006). Furthermore, there is evidence that figures within the Yemeni government were involved in the Cole bombing (see After October 12, 2000), and that the government also protected key bombers such as al-Nashiri in the months before and after the bombings (see April 2000 and Shortly After October 12, 2000).
Bush Unwilling to Meet with Victims' Relatives - Relatives of the soldiers killed in the bombing have attempted to meet with President Bush to press for more action, to no avail. John P. Clodtfelter Jr., whose son died on the Cole, says, “I was just flat told that he wouldn’t meet with us. Before him, President Clinton promised we’d go out and get these people, and of course we never did. I’m sorry, but it’s just like the lives of American servicemen aren’t that important.” (Whitlock 5/4/2008)
In an interview with CNN, FBI Director Robert Mueller gives an upbeat assessment of the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001), despite the exoneration of Steven Hatfill, the only publicly named suspect, the month before (see June 27, 2008). Mueller says: “I’m confident in the course of the investigation.… And I’m confident that it will be resolved.… I tell you, we’ve made great progress in the investigation. It’s in no way dormant. It’s active.… In some sense there have been breakthroughs, yes.” (CNN 7/24/2008) Just days after these comments, Bruce Ivins, the FBI’s top unpublicized suspect at the time, will die of an apparent suicide (see July 29, 2008).
Senator Charles Grassley (R-IA) sends a letter to Attorney General Michael Mukasey and FBI Director Robert Mueller with a list of 18 questions about the FBI’s anthrax attacks investigation. He gives them two weeks to respond. The Los Angeles Times says the questions raise “concerns about virtually every aspect of the probe.” Grassley’s questions include how the government focused on suspect Bruce Ivins (who apparently committed suicide about a week earlier July 29, 2008), what was known about his deteriorating mental condition, whether he had taken a lie-detector test, and why investigators are sure that no one else helped him. “The FBI has a lot of explaining to do,” Grassley says. Representative Rush Holt (D-NJ) also says in an interview that he is in discussions with other Congresspeople to arrange a Congressional inquiry that would combine the efforts of several Congressional oversight committees. Referring to President John F. Kennedy’s 1963 assassination, Holt says, “We don’t want this to be another Lee Harvey Oswald case where the public says it is never solved to their satisfaction. Somebody needs to finish the job that would have been finished in a court of law.” Other than Congress, “I’m not sure where else to do it.” (Meyer 8/8/2008)
In his first public comments since the identification of recently deceased Bruce Ivins as the FBI’s prime suspect in the 2001 anthrax attacks (see October 5-November 21, 2001 and July 29, 2008), FBI Director Robert Muller tells reporters, “I do not apologize for any aspect of the investigation.” It is erroneous “to say there were mistakes.” (Broad and Shane 8/9/2008) Ten days later, FBI scientist Dr. Vahid Majidi, leading an FBI press briefing about the anthrax investigation (see August 18, 2008), will say, “Obviously, looking at it in hindsight, we would do things differently today.… And the amazing thing about this case that I would like to additionally point out is the amount of lessons learned. Were we perfect? Absolutely not. We’ve had missteps and those are the lessons learned…” (US Department of Justice 8/18/2008)
Vanity Fair reporter David Rose publishes an extensive examination of the US’s use of torture to extract information from a number of suspected militant Islamists, focusing on three subjects: Abu Zubaida (see April - June 2002, Mid-April-May 2002, May 2002-2003, Mid-May, 2002, Mid-May 2002 and After, June 2002, and December 18, 2007), Khalid Shaikh Mohammed (see May 2002-2003, March 7 - Mid-April, 2003, After March 7, 2003, and August 6, 2007), and Binyam Mohamed (see May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). The conclusion he draws, based on numerous interviews with current and former CIA, military, and administration sources, is that torture not only does not work to provide reliable intelligence, it provides so much false information that it chokes the intelligence system and renders the intelligence apparatus unreliable. One CIA official tells Rose: “We were done a tremendous disservice by the [Bush] administration. We had no background in this; it’s not something we do. They stuck us with a totally unwelcome job and left us hanging out to dry. I’m worried that the next administration is going to prosecute the guys who got involved, and there won’t be any presidential pardons at the end of it. It would be okay if it were [former Attorney Generals] John Ashcroft or Alberto Gonzales. But it won’t be. It’ll be some poor GS-13 who was just trying to do his job.”
Enormous Waste of Resources - A veteran FBI counterterrorism agent says the waste of time and resources on false leads generated through torture has been enormous. “At least 30 percent of the FBI’s time, maybe 50 percent, in counterterrorism has been spent chasing leads that were bullsh_t,” he says. “There are ‘lead squads’ in every office trying to filter them. But that’s ineffective, because there’s always that ‘What if?’ syndrome. I remember a claim that there was a plot to poison candy bought in bulk from Costco. You follow it because someone wants to cover himself. It has a chilling effect. You get burned out, you get jaded. And you think, ‘Why am I chasing all this stuff that isn’t true?’ That leads to a greater problem—that you’ll miss the one that is true. The job is 24-7 anyway. It’s not like a bank job. But torture has made it harder.”
No Proof of Efficacy of Torture - Former FBI counterterrorism specialist Dan Cloonan points to the near-total lack of proof the administration has been able to advance to show that torture works. “The proponents of torture say, ‘Look at the body of information that has been obtained by these methods,’” he says. “But if KSM [Khalid Shaikh Mohammed] and Abu Zubaida did give up stuff, we would have heard the details. What we got was pabulum.” A former CIA officer says: “Why can’t they say what the good stuff from Abu Zubaida or KSM is? It’s not as if this is sensitive material from a secret, vulnerable source. You’re not blowing your source but validating your program. They say they can’t do this, even though five or six years have passed, because it’s a ‘continuing operation.’ But has it really taken so long to check it all out?”
Propaganda Value - Officials who analyzed Zubaida’s interrogation reports say that his reports were given such credence within the White House not because of the American lives they would supposedly save, but because they could be used to rebut those who criticized the Iraq invasion. “We didn’t know he’d been waterboarded and tortured when we did that analysis, and the reports were marked as credible as they could be,” says a former Pentagon analyst. “The White House knew he’d been tortured. I didn’t, though I was supposed to be evaluating that intelligence.” He was unable to draw valid conclusions about the importance of Zubaida’s confessions without knowing how the information was extracted. “It seems to me they were using torture to achieve a political objective,” he says. “I cannot believe that the president and vice president did not know who was being waterboarded, and what was being given up.”
False Claims of Preventing London Attack - President Bush has claimed that secret CIA black site interrogations “helped foil a plot to hijack passenger planes and fly them into Heathrow [Airport] and London’s Canary Wharf” (see October 6, 2005). The former head of Scotland Yard’s anti-terrorist branch, Peter Clarke, who served through May 2008 and helped stop several jihadist attacks, says Bush’s claim is specious. Clarke says it is possible that al-Qaeda had considered some sort of project along the lines of Bush’s assertion, but if it had, it was nowhere near fruition. “It wasn’t at an advanced stage in the sense that there were people here in the UK doing it,” he says. “If they had been, I’d have arrested them.” No terror plot of which Clarke is aware has been foiled due to information gathered due to torture.
FBI Director Confirms No Plots Disrupted by Torture Interrogations - Rose concludes by quoting an interview he held with FBI Director Robert Mueller in April 2008. Rose lists a number of plots disrupted by the FBI, all “foiled by regular police work.” He asked Mueller if he was aware of any attacks on America that had been disrupted thanks to what the administration calls “enhanced techniques.” Mueller responded, “I’m really reluctant to answer that.” He paused, looked at an aide, then said quietly, “I don’t believe that has been the case.” (Rose 12/16/2008) On April 21, 2009, a spokesman for Mueller will say, “The quote is accurate.” (Shane 4/22/2008)
A US District Court judge awards damages in a lawsuit, finding the NSA illegally monitored the calls of the plaintiffs. The Al Haramain Islamic Foundation and two of its lawyers, Wendell Belew and Asim Ghafoor, sued the US government in 2006 based on evidence that their calls had been monitored; the US Treasury Department inadvertently provided them with an NSA log in August 2004 showing their calls had been monitored in May of that year (see February 28, 2006). In defending against the suit, the Justice Department argued, first under President Bush and then under President Obama, that the case should be dismissed based on the government’s invocation of the state secrets privilege (see March 9, 1953) concerning the NSA log, and that the plaintiffs could not otherwise demonstrate that surveillance had occurred, meaning the plaintiffs had no standing to bring suit. Judge Vaughn Walker rejected these arguments, noting that the plaintiffs had introduced into evidence a speech posted on FBI’s Web site by FBI Deputy Director John Pistole to the American Bankers Association (ABA), in which he said that surveillance had been used to develop a case by the Office of Foreign Assets Control (OFAC) against Al-Haramain, and Congressional testimony by Bush administration officials that disclosed the manner in which electronic surveillance was conducted. In the summary of his decision, Vaughn wrote, “[The Foreign Intelligence Surveillance Act] FISA takes precedence over the state secrets privilege in this case,” and “defendants have failed to meet their burden to [provide] evidence that a FISA warrant was obtained, that plaintiffs were not surveilled or that the surveillance was otherwise lawful.” (Al-Haramain v. Obama 3/31/2010; Washington Post 4/1/2010, pp. A04)
President Obama signs a controversial bill passed by Congress (see December 15, 2011), which gives the president power to order indefinite military detention for anyone deemed an enemy combatant, including US citizens arrested or captured in the United States. Obama had threatened to veto the 2012 National Defense Authorization Act (NDAA) on a number of occasions, but once certain restrictions on presidential authority were removed, he became willing to sign it. For instance, the original version of the bill required that persons covered by the bill be held prisoner by the military and prosecuted by military tribunals, if at all. Obama was of the view that by requiring military detention, Congress was intruding on areas under the purview of the executive branch, and in ways that would impede the ability of the executive branch to effectively gather intelligence, fight terrorism, and protect national security. He also believed the bill was unnecessary and potentially risky in order to codify detention authority, and that the president already had authority, via the 2001 Authorization to Use Military Force (AUMF) and subsequent court rulings, to unilaterally designate persons, including US citizens, as enemy combatants and subject them to indefinite military detention without trial. (White House 12/31/2011; Greenwald 12/15/2012) For the same reasons, Secretary of Defense Leon Panetta, CIA Director David Petraeus, FBI Director Robert Mueller, Director of National Intelligence James Clapper, White House Advisor for Counterterrorism John Brennan, and DOJ National Security Division head Lisa Monaco were also opposed to the mandatory military detention provisions. (Anders 12/7/2011) Also, according to Senator Carl Levin (D-MI), a sponsor of the NDAA, “[L]anguage which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” (Senate 11/17/2011) With the bill drafted so that military detention was optional, and an option US citizens were subject to (see December 15, 2011), Obama signaled he would sign it, despite having concerns that it was still unduly restrictive of executive authority, and it unnecessarily codified authority that had been exercised for 10 years and had been upheld by a number of lower court decisions. (White House 12/17/2011 ) However, in a non-binding signing statement attached to the bill, Obama says he is signing the bill “despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” Obama does not specify what his reservations are, but promises: “[M]y administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a nation.” (White House 12/31/2011)
Controversy over Indefinite Detention Provisions - Though 86 percent of US senators and almost two-thirds of the House of Representatives voted to pass the NDAA (see December 15, 2011), and the bill is signed by Obama, the military detention measures are opposed by a number of constitutional experts and public interest organizations, and a significant percentage of the general public (see December 22-26, 2011).