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A letter that Zacarias Moussaoui had in his possession when he was arrested. It is signed by Yazid Sufaat, whose apartment was used for a 9/11 planning meeting in January 2000 that was monitored by the authorities. [Source: US District Court for the Eastern District of Virginia, Alexandria Division] (click image to enlarge)After Zacarias Moussaoui is arrested, the FBI wishes to search his possessions (see August 16, 2001 and August 23-27, 2001). According to a presentation made by FBI agent Aaron Zebley at Moussaoui’s trial, the belongings are sufficient to potentially connect Moussaoui to eleven of the 9/11 hijackers: Mohamed Atta, Marwan Alshehhi, Ziad Jarrah, Hani Hanjour, Khalid Almihdhar, Nawaf Alhazmi, Fayez Banihammad, Ahmed Alhaznawi, Hamza Alghamdi, Satam Al Suqami, and Waleed Alshehri. The connections would be made, for example, through Ramzi bin al-Shibh, who spoke with Moussaoui on the telephone and wired him money (see July 29, 2001-August 3, 2001), and who was linked to three of the hijacker pilots from their time in Germany together (see November 1, 1998-February 2001). Bin al-Shibh also received money from Mustafa Ahmed al-Hawsawi, who was connected to hijacker Fayez Ahmed Banihammad (see June 25, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] Moussaoui’s notebook contained two recognizable control numbers for the Western Union wire transfers from bin al-Shibh and, according to McClatchy newspapers, a check on these numbers “would probably have uncovered other wires in the preceding days” to bin al-Shibh from al-Hawsawi. [McClatchy Newspapers, 9/11/2007] The discovery of the eleven hijackers could potentially have led to the discovery of some or all of the remaining eight plot members, as they were brothers (Wail and Waleed Alshehri, Nawaf and Salem Alhazmi), opened bank accounts together (see May 1-July 18, 2001 and June 27-August 23, 2001), lived together (see March 2001-September 1, 2001), obtained identity documents together (see April 12-September 7, 2001 and August 1-2, 2001), arrived in the US together (see April 23-June 29, 2001), and booked tickets on the same four flights on 9/11 (see August 25-September 5, 2001).
Entity Tags: Saeed Alghamdi, Salem Alhazmi, Satam Al Suqami, Waleed Alshehri, Zacarias Moussaoui, Ziad Jarrah, Wail Alshehri, Mohand Alshehri, Nawaf Alhazmi, Marwan Alshehhi, Ahmed Alhaznawi, Ahmed Alghamdi, Mohamed Atta, Fayez Ahmed Banihammad, Abdulaziz Alomari, Hani Hanjour, Hamza Alghamdi, Ahmed Alnami, Majed Moqed, Khalid Almihdhar
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
The FBI fails to inform its own head of the arrest of Zacarias Moussaoui. It is unclear how this failure occurs. The highest FBI official to be informed of Moussaoui’s arrest is apparently Michael Rolince, head of the FBI’s International Terrorism Operations Section (see Late August 2001), but it seems he fails to pass the information on. [9/11 Commission, 7/24/2004, pp. 275] Thomas Pickard, who is acting FBI director at this time, will later blame CIA director George Tenet, who was briefed repeatedly on the case (see August 23, 2001), for not informing him of Moussaoui’s arrest, but Tenet will comment: “I was stunned to hear [Pickard’s comments] suggesting that I had somehow failed to notify him about Moussaoui. Failed to tell him? Hell, it was the FBI’s case, their arrest. I had no idea that the Bureau wasn’t aware of what its own people were doing.” [Tenet, 2007, pp. 200-201]
Following the arrest of Zacarias Moussaoui, the FBI fails to brief the Counterterrorism and Security Group (CSG) chaired by counterterrorism “tsar” Richard Clarke at the National Security Council (NSC) on the case. CIA director George Tenet will later say that briefing the CSG on such an arrest is “standard practice.” [Tenet, 2007, pp. 200] In July 2001, Clarke had told the FBI he wanted to be informed of anything unusual, even if a sparrow fell from a tree (see Shortly After July 5, 2001).
After Zacarias Moussaoui is arrested, he consents to be interviewed on the day of the arrest and the next day by FBI agent Harry Samit. However, the interviews only alarm the FBI more, as Moussaoui makes a number of suspicious statements and his answers are extremely evasive: [CNN, 9/28/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006]
Moussaoui says he does not want the French consul to be informed of his arrest, which makes the FBI think he is a criminal or an Islamic militant;
Although Moussaoui says he works for a British company called NOP, he cannot remember what the letters stand for, neither can he recall his salary, job description, or any details of the business; [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006]
He says he works as a “marketing consultant” for Infocus Tech, a Southeast Asian technology company, but also fails to provide information about that company; [MSNBC, 12/11/2001; US Congress, 10/17/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006]
When asked about his $32,000 bank balance, he initially says it is his savings, but then admits it was given to him by friends and associates, most of whose names he cannot remember (see August 17, 2001);
Moussaoui’s passport, which indicates he spent two months in Pakistan shortly before arriving in the US, is new and he tells the FBI his old one was destroyed in the washing machine, which the agents know is a common lie for international criminals.
When Samit asks Moussaoui about his trips to Pakistan and tells Moussaoui his story does not add up and they are suspicious, Moussaoui requests an attorney and the interview ends. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Moussaoui’s associate Hussein al-Attas is also interviewed around this time and makes several statements indicating Moussaoui may be linked with a militant group (see August 16, 2001).
Several deposits are made to the 9/11 hijackers’ accounts. Details are available for some of the deposits for eleven of the nineteen hijackers: Mohamed Atta, Marwan Alshehhi, Ziad Jarrah, Hani Hanjour, Nawaf Alhazmi, Khalid Almihdhar, Ahmed Alhazmawi, Fayez Ahmed Banihammad, Hamza Alghamdi, Waleed Alshehri, and Satam Al Suqami. Over $40,000 is deposited in their accounts, much in cash. The largest amounts deposited in one day occur on August 24, when $8,000 is split equally between Hamza Alghamdi’s account and a joint account of Atta and Alshehhi, and September 5, when a total of $9,650 is split between Banihammad’s and Hamza Alghamdi’s accounts, and the joint Atta/Alshehhi account. The smallest deposit is $120, paid into Khalid Almihdhar’s First Union National Bank account on September 9. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] Although it is impossible to trace the exact origins of the deposits, possible sources include withdrawals from other hijackers’ bank accounts, cash and traveler’s checks brought in by the hijackers in the spring/early summer (see January 15, 2000-August 2001), car sales, and money distributed by Atta, who reportedly received around $100,000 in early August (see Early August 2001, Summer 2001 and before, and Mid-July-Mid-August 2001).
Entity Tags: Marwan Alshehhi, Mohamed Atta, Satam Al Suqami, Khalid Almihdhar, Nawaf Alhazmi, Ziad Jarrah, Waleed Alshehri, Hani Hanjour, Ahmed Alhaznawi, Fayez Ahmed Banihammad, Hamza Alghamdi
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Palm Beach Flight Training. [Source: Sarah Dussault / Sun Sentinel]On August 16, 2001, 9/11 hijacker Mohamed Atta arrives at Palm Beach Flight Training, located at an airport in the town of Lantana, southeast Florida. According to Marian Smith, the flight school’s owner, Atta says he wants to get in 100 hours in the air. [Miami Herald, 9/13/2001] He already accumulated about 300 hours of flying time during his earlier training. [Los Angeles Times, 9/27/2001; Time, 9/30/2001] Smith describes him as being “well-spoken, well-dressed,” and says, “He seemed normal to me.” [Local 10 News (Miami), 9/13/2001; Miami Herald, 9/13/2001] Atta rents a single-engine Piper Archer. He makes his first flight accompanied by an instructor. Having demonstrated his competence, he returns the following day and again two days later. Each time he has a different companion who flies with him. The identities of these men are unknown, but Smith will later recollect that none of them was among the men identified as 9/11 hijackers. [Miami Herald, 9/13/2001; Chicago Tribune, 9/14/2001; Washington Post, 9/14/2001] On his final day at the school, Atta is heard speaking in Arabic over the plane’s radio. An instructor who speaks Arabic himself hears him happily exclaim, “God is great!” [Observer, 12/23/2001] Workers at the school suspect nothing criminal about Atta, though. [Washington Post, 9/14/2001]
INS agent Steve Nordmann. [Source: INS]Immigration and Naturalization Service agent Steve Nordmann, one of the officers who arrested Zacarias Moussaoui (see August 16, 2001), presses for a warrant so that law enforcement bodies can search Moussaoui’s computer files. He will later write of his regret that they were not allowed to access Moussaoui’s laptop. More details are not known as Nordmann will die in a motorcycle accident in 2003 and will not testify at Moussaoui’s trial. [Star-Tribune (Minneapolis), 6/28/2003; St. Cloud Times, 9/7/2003] FBI agents also press for a warrant to search Moussaoui’s belongings (see August 21, 2001 and August 23-27, 2001), which contain potentially enough information to prevent 9/11 (see August 16, 2001). However, the warrant is blocked by the Radical Fundamentalist Unit at FBI headquarters (see August 20-September 11, 2001).
Zacarias Moussaoui’s roommate, Hussein Al-Attas, reports to the Immigration and Naturalization Service and is arrested when he admits he has worked despite only having a student visa. Al-Attas was with Moussaoui when he was arrested and was questioned the previous day (see August 10-11, 2001, August 16, 2001, and August 16, 2001). Al-Attas also says that Moussaoui follows the teachings of a sheikh, but that Moussaoui has not told him which sheikh because he does not think al-Attas would approve. When asked if the sheikh is Osama bin Laden, al-Attas says he does not think so and only remembers Moussaoui making one reference to bin Laden, when he appeared on television. [US Department of Justice, 11/2004, pp. 77-9 ]
Zacarias Moussaoui’s roommate, Hussein al-Attas, makes thirteen phone calls from jail to El Hadj Ndiaye, the imam of his local mosque in Norman, Oklahoma looking for assistance in raising money for his bond. Al-Attas was arrested and jailed shortly after Moussaoui was detained (see August 16, 2001 and August 16, 2001). Ndiaye reportedly becomes “very upset” when he hears that Moussoaui is going to be deported. According to an FBI translation of one of these conversations, Ndiaye says, “I heard you guys wanted to go on jihad.” Al-Attas responds, “Don’t talk about that now.” [US Department of Justice, 11/2004, pp. 134, 167-8, 201 ; US Department of Justice, 3/1/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] The Radical Fundamentalist Unit (RFU) at FBI headquarters learns of the translated conversation on August 29 (see August 29, 2001), but the RFU chief downplays the significance of the reference to jihad. Two other people involved in posting the bond for al-Attas were the subject of counterterrorism investigations (see August 20, 2001 and August 23, 2001).
A US plan to snatch Osama bin Laden inside Afghanistan (see January 19, 2001) is revealed in the Pakistan press, after the US asks Pakistan for assistance with the plot. An article that runs in the Pakistan newspaper The News also says that the US and Pakistan have discussed a sting operation in Afghanistan using US special forces, but that Pakistan has advised Washington against it. After a UN resolution tightening sanctions against the Taliban, General Tommy Franks, commander-in-chief of US Central Command, discussed the plan with his Pakistani counterparts and Pakistani President Pervez Musharraf during a visit to Islamabad in January 2001 (see January 19, 2001). [United Press International, 8/17/2001] There is some suggestion that the operation is attempted, but only partially successful, after 9/11 (see (September 26, 2001)).
Towards the end of an interview with the FBI (see August 16-17, 2001), Zacarias Moussaoui discloses the name of one of his associates, Atif Ahmed. Moussaoui tells the FBI that Ahmed provided him with some money and that he associated with Ahmed’s brother in Pakistan. However, he cannot remember any details, such as Ahmed’s address or employment. The FBI’s Minneapolis field office immediately sends a lead to its legal attaché in London, asking him to follow up. However, information about Ahmed does not arrive in the US until “months later,” possibly November 2001, when Ahmed is arrested in Britain (see Mid-November 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Moussaoui will later say that Ahmed is a spy working for the British, but the FBI and British authorities will deny this (see July 25, 2002).
CIA records show that CIA Director George Tenet briefed President Bush twice in August—once in Crawford, Texas, on August 17, and once in Washington, on August 31. [Washington Post, 4/15/2004] In Tenet’s 2007 book, he will briefly mention that “A few weeks after the August 6 PDB [titled ‘Bin Laden Determined to Strike in US’ (see August 6, 2001)] was delivered, I followed it to Crawford to make sure the president stayed current on events. That was my first visit to the ranch.” [Tenet, 2007, pp. 145] Later asked about what he told Bush at this meeting, Tenet will only say, “I held nothing back from the president. He understood our concerns about threats. He understood what we were doing around the world at the time.” [MSNBC, 5/7/2007] By the time of the second briefing, Tenet has been briefed about Zacarias Moussaoui’s arrest (see August 23, 2001), but, apparently, he fails to tell Bush about it. [Washington Post, 4/15/2004] In April 2004, Tenet will testify under oath before the 9/11 Commission that he had no direct communication with President Bush during the month of August. [New York Times, 4/15/2004] This is quickly discovered to be untrue. A CIA spokesperson will then claim, “He momentarily forgot [about the briefings]” (see April 14, 2004). [Washington Post, 4/15/2004] Tenet will personally brief Bush six more times before 9/11 and will still apparently fail to mention Moussaoui to him (see September 1-8, 2001).
The General Accounting Office (GAO)‘s chief, Comptroller General David Walker, issues a report detailing the history of the GAO’s request for information regarding Vice President Cheney’s secret energy task force, and reiterating its request (see July 31, 2001). The report is sent to President Bush, Cheney, Congress, the attorney general, and the Office of Management and Budget (OMB). It reads in part: “In communications with the vice president’s counsel… we offered to eliminate our earlier request for minutes and notes and for the information presented by members of the public. Even though we are legally entitled to this information, as a matter of comity, we are scaling back the records we are requesting to exclude these two items of information.… The GAO as an institution, and the comptroller general as an officer of the legislative branch, assist the Congress in exercising its responsibilities under the Constitution to oversee, investigate, and legislate. In order to help members of Congress carry out their role and evaluate the process used to develop the National Energy Policy, GAO needs selected factual and non-deliberative records that the vice president, as chair of the NEPDG [National Energy Policy Development Group, the formal name for Cheney’s task force], or others representing the Group, are in a position to provide GAO. The records we are requesting will assist the review of how the NEPDG spent public funds, how it carried out its activities, and whether applicable law was followed.” [David Walker, 8/17/2001 ; National Review, 2/20/2002]
9/11 hijacker Mohamed Atta receives $100,000 from accounts in Pakistan. The money is transferred to two of his accounts in Florida. [Fox News, 10/2/2001; Associated Press, 10/2/2001; US Congress, 10/3/2001; CNN, 10/6/2001; CNN, 10/8/2001] This will later be reported in various media. For example, ABC News will say that federal authorities track “more than $100,000 from banks in Pakistan to two banks in Florida to accounts held by suspected hijack ringleader Mohamed Atta.” [ABC News, 9/30/2001] Law enforcement sources will tell CNN, “[T]he wire transfers from Pakistan were sent to Atta through two banks in Florida.” [CNN, 10/1/2001] One of the hijackers’ financiers, the Pakistan-based Omar Saeed Sheikh, is said to wire Atta around $100,000 in August (see Early August 2001). The transfers from Pakistan will be disclosed a few weeks after 9/11 but will then fade from view (see September 30-October 7, 2001), until 2003 when John S. Pistole, deputy assistant director of the FBI’s Counterterrorism Division, tells the Senate Committee on Governmental Affairs that the FBI has traced the origin of funding for 9/11 back to accounts in Pakistan (see July 31, 2003). However, in 2004 the 9/11 Commission will fail to mention any funding coming directly from Pakistan (see Late-September 2001-August 2004).
When Zacarias Moussaoui is arrested (see August 16, 2001), he has a receipt on him for a Kinko’s store where he used a computer on August 12. The FBI does not go to this Kinko’s store to collect information about Moussaoui immediately after the arrest, but only on September 19, after the rest of Moussaoui’s belongings have been searched (see September 11, 2001). The FBI is told that the computers have been wiped and no information about Moussaoui’s use can be obtained. Due to the frequency with which Kinko’s computers are wiped, if the FBI visited the Kinko’s store immediately after the arrest, it is possible information about Moussaoui could have been recovered. Although the FBI is initially aware of some of Moussaoui’s e-mail addresses, in summer 2002 Moussaoui will reveal additional addresses he used and say he used them from this Kinko’s outlet. Although the Kinko’s computers have been wiped by 9/11, Microsoft, which operates the Hotmail service Moussaoui uses, can recover information up to 90 days after an account is last used, so the FBI could get the information it seeks from Microsoft until Mid-November 2001 (see (Late July-Early August, 2002)). However, the FBI does not know about the additional accounts at this point, partly because it was prevented from interviewing Moussaoui after 9/11 (see September 11-12, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 1/1/2003]
Minneapolis FBI agent Harry Samit contacts Charles Frahm, an FBI agent who is working with the CIA’s bin Laden unit as a deputy chief, to discuss the Moussaoui case. Frahm passes on information to other CIA officers. Frahm will also be contacted by FBI headquarters about the case (see (August 20, 2001)) and will provide information linking the Chechen rebels, to which Moussaoui is connected, to Osama bin Laden and al-Qaeda (see August 24, 2001). [Tenet, 2007, pp. 201]
[Source: FBI]The New York Times reports that counterterrorism expert John O’Neill is under investigation for an incident involving a missing briefcase. [New York Times, 8/19/2001] In July 2000, he misplaced a briefcase containing important classified information, but it was found a couple of hours later still locked and untouched. Why such a trivial issue would come up over a year later and be published in the New York Times seems entirely due to politics. Says the New Yorker, “The leak seemed to be timed to destroy O’Neill’s chance of being confirmed for [a National Security Council] job,” and force him into retirement. A high-ranking colleague says the leak was “somebody being pretty vicious to John.” [New Yorker, 1/14/2002] John O’Neill suspects his enemy Tom Pickard, then interim director of the FBI, orchestrated the article. [PBS Frontline, 10/3/2002] The New Yorker later speculates that with the retirement of FBI Director Freeh in June, it appears O’Neill lost his friends in high places, and the new FBI director wanted him replaced with a Bush ally. [New Yorker, 1/14/2002] O’Neill retires a few days later.
Fort Meade, a US Army installation located between Baltimore and Washington, DC, begins strict new entrance restrictions. For decades, visitors such as churchgoers and parents taking their children to schools on the base have been able to enter the post freely. But the Army is now closing seven access points, with only four points remaining open full time and four others part time. The restrictions, part of a security crackdown ordered by Army leaders concerned about terrorism, will require visitors to stop at a visitor’s center and obtain a day pass allowing them to enter and travel on the base. [Washington Post, 8/15/2001; Laurel Leader, 8/23/2001; Laurel Leader, 8/23/2001] Fort Meade is home to about 10,000 military personnel and 25,000 civilian employees. Its major tenant units include the National Security Agency (NSA), the US Army Intelligence and Security Command (INSCOM), and the US Air Force’s 694th Intelligence Group. [Military District of Washington, 8/2000; GlobalSecurity (.org), 4/9/2002] All other installations in the Military District of Washington are currently implementing similar access restrictions (see August 15, 2001). [MDW News Service, 7/2001]
M. A. Menepta (Melvin Lattimore). [Source: Public domain]Hussein al-Attas, an associate of Zacarias Moussaoui, is released from an immigration detention center on bail. Al-Attas was questioned and detained shortly after Moussaoui’s arrest (see August 16, 2001 and August 16, 2001). His bail is paid by Mujahid Abdulqadir Menepta (a.k.a. Melvin Lattimore), who was investigated by the FBI over terrorism suspicions. When agents from the Minneapolis field office investigate Menepta, they find that he knows Moussaoui and attended the same mosque as him in Norman, Oklahoma. They also discover that he has an extensive criminal history and was the subject of a New York criminal-terrorism related investigation. Minneapolis agent Harry Samit writes in a memo to FBI headquarters that he thinks Menepta may be involved in whatever Moussaoui is plotting. Samit explains that he told immigration officers that he traveled to Pakistan in 1989 as part of a missionary effort. Samit says the international Islamic organization that sponsored the trip has been linked by the FBI to the recruitment of militants. Samit also reports that Menepta wasn’t entirely truthful with the INS. Samit says Pakistan apparently issued him a visa in April 1990, something he failed to disclose to the INS. Additionally, Menepta told immigration officers that he is al-Attas’ roommate, but al-Attas has been living with Moussaoui and another man for one month at an address different than the one indicated by Menepta. Samit says that the the explanation that he flew to Minneapolis to post al-Attas’ bond so that al-Attas can return to teach children at the Oklahoma mosque seems “farfetched.” [US Department of Justice, 11/2004, pp. 135-6 ; US Department of Justice, 3/1/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
9/11 hijacker Hani Hanjour successfully conducts “a challenging certification flight supervised by an instructor at Congressional Air Charters of Gaithersburg, Maryland, landing at a small airport with a difficult approach,” according to the 9/11 Commission Report. The instructor, Eddie Shalev, thinks that “Hanjour may have had training from a military pilot because he used a terrain recognition system for navigation.” However, it is unclear what certification the 9/11 Commission thinks Hanjour receives. [9/11 Commission, 7/24/2004, pp. 248, 531] Shalev is an Israeli national and has a military background. He began working at Congressional Air Charters in April 2001. [9/11 Commission, 4/9/2004] A stipulation used as evidence at the trial of Zacarias Moussaoui will mention the flight, but fail to mention any certification Hanjour allegedly receives based on it, merely saying it is a “check ride with a flight instructor.” Hanjour will subsequently rent aircraft from the company on August 26 and 28. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 68 ]
The CIA receives some threat information about a man named “Khalid” and begins to examine data on everybody it knows whose first name is “Khalid”. In an August 22 e-mail FBI agent Dina Corsi writes that this is one of the reasons for the interest in hijacker Khalid Almihdhar at this time: “the reason [the intelligence community] were looking at [Almihdhar] is relatively general—basically they were looking at all individuals using the name Khalid because of some threat information.” [US Department of Justice, 11/2004, pp. 285 ] The identity of the man named Khalid they are looking for is not revealed, however, there is threat reporting starting in June 2001 concerning someone an informant called Khalid, who is later revealed to be Khalid Shaikh Mohammed (see June 12, 2001).
Charles Frahm. [Source: Ben Bloker / Stars and Stripes]After the Zacarias Moussaoui case (see August 16, 2001) is transferred from the Iran unit to the Radical Fundamentalist Unit (RFU) at FBI headquarters (see August 20-September 11, 2001), RFU chief Dave Frasca contacts Charles Frahm, an FBI manager detailed to the CIA with responsibility for Alec Station, the CIA’s bin Laden unit. According to Frahm, who has already been contacted by the FBI Minneapolis field office (see August 18, 2001 or Shortly Before), Frasca asks CIA headquarters to quickly share any information it has on Moussaoui with the FBI, but does not send the agency a formal request, even though FBI headquarters continues to coordinate the case with the CIA. In an e-mail sent around August 28, Frahm will indicate that the CIA has still not received a formal request from the bureau. [US Department of Justice, 11/2004, pp. 123, 154-5, 231-2 ; Wright, 2006, pp. 313] The CIA will tell FBI agent Harry Samit that it thinks there is enough information to firmly link Moussaoui to a terrorist group (see August 24, 2001).
In an interview with Al Jazeera journalist Yosri Fouda in 2002 (see April, June, or August 2002), would-be hijacker Ramzi bin al-Shibh will claim that, roughly around this day, he receives a coded chat room message about the 9/11 plot from future hijacker Mohamed Atta in the US. Fouda will later co-write a book, and in it he will allege that bin al-Shibh gave him a computer disc containing the exact message. The message, as translated by Fouda, reads:
“The first semester commences in three weeks. There are no changes. All is well. There are good signs and encouraging ideas. Two high schools and two universities. Everything is going according to plan. This summer will surely be hot. I want to talk to you about some details. Nineteen certificates for private education and four exams. Regards to the Professor. Goodbye.”
Fouda will claim that the message is in code, and that bin al-Shibh discussed with him what the real meaning was. In his book, Fouda says the real meaning is this:
“The zero hour is going to be in three weeks’ time. There are no changes. All is well. The brothers have been seeing encouraging visions and dreams. The Twin Towers, the Pentagon, and Capitol Hill. Everything is going according to plan. This summer will surely be hot. I want to talk to you about some details. Nineteen hijackers and four targets. Regards to Khalid Shaikh Mohammed or Osama bin Laden [Fouda isn’t sure which one is the ‘Professor’]. I will call you nearer the time.”
Bin al-Shibh also tells Fouda that “This summer will surely be hot” is a reference to the damage the attacks will cause. [Guardian, 9/9/2002; Fouda and Fielding, 2003, pp. 138-139, 146]
When Were the Exact Date and Targets Chosen? - Future hijacker Hani Hanjour makes surveillance test flights near the Pentagon and World Trade Center around this time, suggesting the targets for the 9/11 attacks have now been confirmed (see July 20, 2001 and Mid-August 2001). [CBS News, 10/9/2002] The FBI will later notice spikes in cell phone use between the hijackers just after the arrest of Zacarias Moussaoui and just before the hijackers begin to buy tickets for the flights they will hijack. [New York Times, 9/10/2002] CIA Director George Tenet will hint that Moussaoui’s arrest a few days earlier (on August 15 (see August 16, 2001)) may be connected to when the date of the attacks is picked. [US Congress, 6/18/2002] On the other hand, some terrorists appear to have made plans to flee Germany in advance of the 9/11 attacks on August 14, one day before Moussaoui’s arrest (see August 14, 2001).
Mike Maltbie, a supervisory agent with the Radical Fundamentalist Unit (RFU) at FBI headquarters, tells Minneapolis agent Harry Samit, who has arrested Zacarias Moussaoui and wants to search his belongings, that getting an intelligence warrant can be bad for an agent’s career if it gets fouled up. Maltbie comments that he wants to “preserve the existence of his advancement potential.” The Minneapolis field office is in dispute with the RFU over whether a warrant should be granted to search Moussaoui’s belongings, which contain enough information to potentially prevent 9/11 (see August 16, 2001 and August 20-September 11, 2001). At a key meeting with an attorney about whether to go forward with the warrant request, Maltbie is adamant that the warrant should not be granted (see August 28, 2001). [Newsday, 3/21/2006]
The FBI Minneapolis field office wishes to search Zacarias Moussaoui’s belongings, which will later be found to contain enough information to potentially stop 9/11 (see August 16, 2001). To do so it must get the approval of the Radical Fundamentalist Unit (RFU) at FBI headquarters. However, the RFU throws obstacles in the warrant request’s path:
RFU chief Dave Frasca stops the Minneapolis office from pursuing a criminal warrant (see August 21, 2001);
When French authorities say that Moussaoui is connected to the Chechen rebels, RFU agent Mike Maltbie insists that the FBI representative in Paris go through all telephone directories in France to see how many Zacarias Moussaouis live there (see August 22, 2001);
Maltbie stops Minneapolis from informing the Justice Department’s Criminal Division about the case (see August 22, 2001);
When RFU agent Rita Flack, who is working on the Moussaoui case, reads the Phoenix memo suggesting that bin Laden is sending pilots to the US for training, she apparently does not tell her colleagues about it, even though it was addressed to several of them, including Frasca (see July 10, 2001 and August 22, 2001);
The RFU does not provide the relevant documentation to attorneys consulted about the request. In particular, Flack does not tell them about the Phoenix Memo, even though one of the attorneys will later say she asked Flack if anyone is sending radical Islamists to the US to learn to fly (see August 22-28, 2001);
When Minneapolis learns Moussaoui apparently wants to go on jihad, Frasca is not concerned and says jihad does not necessarily mean holy war. However, a top Justice Department attorney will later say “he would have tied bells and whistles” to this comment in a request for a search warrant had he known this (see August 17, 2001 and August 29, 2001);
Maltbie tells the Minneapolis office that getting a warrant will “take a few months” (see August 24, 2001). He also tells Minneapolis, “We know what’s going on. You will not question us.” (see August 27, 2001);
Maltbie weakens the warrant request by editing it and removing a statement by a CIA officer that Chechen rebel leader Ibn Khattab was closely connected to Osama bin Laden, despite there being intelligence linking that leader to bin Laden (see August 28, 2001);
In a key meeting with an attorney about the request, Maltbie and Flack, who are submitting the warrant, are adamant that it is not sufficiently supported (see August 28, 2001);
Frasca opposes a plan to put an undercover officer in the jail cell with Moussaoui to find out more information about his connections to Islamic militants (August 29, 2001 and Shortly After);
The RFU does not want a Minneapolis agent to accompany Moussaoui when he is deported (see (August 30-September 10, 2001));
The RFU does not re-consider getting a criminal search warrant after a decision is taken not to seek a warrant under the Foreign Intelligence Surveillance Act (see After August 28, 2001);
Frasca and Maltbie are said to oppose a search warrant after 9/11 (see September 11, 2001).
It is unclear why the RFU opposes the warrant so strongly. The Justice Department’s Office of Inspector General will later criticize the RFU staff, but will conclude that they did not intentionally sabotage the warrant application. [US Department of Justice, 11/2004, pp. 101-222 ] A 2004 book by independent researcher Mike Ruppert will speculate that Frasca is actually a CIA agent. Ruppert suggests that the CIA placed Frasca in the FBI to prevent CIA operations from being compromised by FBI investigations. But he does not provide any direct evidence of ties between Frasca and the CIA (see October 1, 2004). The Minneapolis agents will offer a different interpretation of RFU actions. Coleen Rowley will say, “I feel that certain facts… have, up to now, been omitted, downplayed, glossed over and/or mischaracterized in an effort to avoid or minimize personal and/or institutional embarrassment on the part of the FBI and/or perhaps even for improper political reasons.” She asks, “Why would an FBI agent deliberately sabotage a case? The superiors acted so strangely that some agents in the Minneapolis office openly joked that these higher-ups ‘had to be spies or moles… working for Osama bin Laden.’… Our best real guess, however, is that, in most cases avoidance of all ‘unnecessary’ actions/decisions by FBI [headquarters] managers… has, in recent years, been seen as the safest FBI career course. Numerous high-ranking FBI officials who have made decisions or have taken actions which, in hindsight, turned out to be mistaken or just turned out badly… have seen their careers plummet and end. This has in turn resulted in a climate of fear which has chilled aggressive FBI law enforcement action/decisions.” [Time, 5/21/2002] Minneapolis FBI agent Harry Samit will agree with explanation, telling the Justice Department’s Office of Inspector General that the RFU is guilty of “obstructionism, criminal negligence, and careerism.” [Associated Press, 3/20/2006] Samit will also say that Maltbie even told him he was acting this way to “preserve the existence of his advancement potential” in the FBI. [Newsday, 3/21/2006]
A memo from Attorney General John Ashcroft about the FISA process, obtained by the Center for Grassroots Oversight by FOIA request. [Source: Office of the Attorney General] (click image to enlarge)A key Justice Department unit, the Office of Intelligence and Policy Review (OIPR), is not consulted about a request to search Zacarias Moussaoui’s belongings. Although it is this office that would submit an application for a search warrant under the Foreign Intelligence Surveillance Act, the legal aspects of the application are discussed only with the National Security Law Unit, which is beneath the OIPR (see August 22-28, 2001). FBI officials discuss what they think the OIPR will want in a warrant application, but do not ask it directly. Sherry Sabol, an attorney in the lower National Security Law Unit, will later say that she would have contacted the OIPR to discuss a possible warrant application, if FBI headquarters agents had not withheld information from her (see August 22-28, 2001). When shown the relevant documentation for the Moussaoui case after 9/11, the OIPR’s general counsel will say he would have considered the application and, if submitted, he “would have tied bells and whistles” to a comment by Moussaoui’s imam that Moussaoui and an associate wanted to “go on jihad” (see August 17, 2001). [US Department of Justice, 11/2004, pp. 132-166, 182-4, 201 ] However, a memo from Attorney General John Ashcroft issued in May to improve the efficiency of the FISA process recommended communications between field offices, FBI headquarters, and the OIPR. In addition, the OIPR and the FBI should hold regular monthly meetings to discuss FISA warrants. It is unclear if such a meeting is held in the three weeks between Moussaoui’s arrest and 9/11. However, one of the people supposed to attend such meetings is Spike Bowman, chief of the National Security Law Unit, who is involved in the Moussaoui case (see August 28, 2001). [US Department of Justice, 5/18/2001 ]
At a meeting attended by Mike Maltbie of the Radical Fundamentalist Unit (RFU), RFU chief Dave Frasca, FBI agent Rita Flack, and an FAA representative who is familiar with the Moussaoui case, a decision is made not to advise the FAA about the Moussaoui investigation at this point because Moussaoui and Al-Attas are presumably in custody. (Al-Attas is bailed out of custody on August 20) [US Department of Justice, 11/2004, pp. 134, 149-150 ; US Department of Justice, 3/1/2006 ] Al-Attas is suspected of involvement in terrorism at this point and investigators believe he and Moussaoui may be involved in a plot against the US that involves the hijacking of an airplane (see August 17, 2001 and August 24, 2001). The FBI will eventually warn the FAA, but it will fail to mention that its Minneapolis office believes Moussaoui intends to hijack an airliner (see September 4, 2001).
Dave Frasca of the FBI’s Radical Fundamentalist Unit (RFU) denies a request from the Minneapolis FBI field office to seek a criminal warrant to search the belongings of Zacarias Moussaoui, who was arrested on August 15 as part of an intelligence investigation (see August 16, 2001 and August 16, 2001). Minneapolis agents believe they had uncovered sufficient evidence that Moussaoui is involved in a criminal conspiracy, and want to obtain a criminal search warrant instead of a warrant under the Foreign Intelligence Surveillance Act (FISA). But because they originally opened an intelligence investigation, they cannot go directly to the local US attorney’s office for the warrant. In order to begin a parallel criminal investigation, they must first obtain permission from the Office of Intelligence Policy and Review (OIPR) so they can pass the information over the “wall.” [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Harry Samit, a Minneapolis FBI agent on the Moussaoui case, calls Dave Frasca, the head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, to discuss the request. Samit tells Frasca that they have already completed the paperwork for a criminal investigation, but, according to Samit, Frasca says, “You will not open it, you will not open a criminal case.” Frasca says that argument for probable cause in seeking a criminal warrant is “shaky” and notes that if they fail to obtain a criminal warrant, they will be unable to obtain a warrant under FISA. Samit, who has only been with the FBI since 1999, defers to his superior, and writes on the paperwork, “Not opened per instructions of Dave Frasca.” Samit then tells his Chief Division Counsel, Coleen Rowley, about the conversation, and she also advises him that it would be better to apply for a warrant under FISA. When the Justice Department’s Office of Inspector General (OIG) interviews Frasca after 9/11, he will claim he never spoke to Samit about this matter, and that the conversation was with Chris Briese, one of Samit’s superiors. However, Briese will deny this and the OIG will conclude that the conversation was between Samit and Frasca. [US Department of Justice, 11/2004, pp. 128-132 ; US Department of Justice, 3/1/2006 ] To get a FISA search warrant for Moussaoui’s belongings the FBI must now show there is probable cause to believe Moussaoui is an agent of a foreign power. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] A criminal warrant to search Moussaoui’s belongings will be granted only after the 9/11 attacks (see September 11, 2001).
Khalid al-Fawwaz, Adel Abdel Bary and Ibrahim Ediarous. [Source: Orlando Sentinel/ Bureau of Prisons]Walid Arkeh, a Jordanian serving time in a Florida prison, is interviewed by FBI agents after warning the government of an impending al-Qaeda attack. He had been in a British jail from September 2000 to July 2001, and while there had befriended three inmates, Khalid al-Fawwaz, Adel Abdel Bary, and Ibrahim Eidarous. US prosecutors charge, “The three men ran a London storefront that served as a cover for al-Qaeda operations and acted as a conduit for communications between bin Laden and his network.” [Orlando Sentinel, 10/30/2002] Al-Fawwaz was bin Laden’s press agent in London, and bin Laden had called him over 200 times before al-Fawwaz was arrested in 1998. [Financial Times, 11/29/2001; Sunday Times (London), 3/24/2002] The other two had worked in the same office as al-Fawwaz (see Early 1994-September 23, 1998). All three had been indicted as co-conspirators with bin Laden in the August 1998 US embassy bombings. Arkeh tells the FBI that he had learned from these three that “something big [is] going to happen in New York City,” and that they call the 1993 attack on the WTC “unfinished business.” Tampa FBI agents determine that he had associated with these al-Qaeda agents, but nonetheless they do not believe him. According to Arkeh, one agent responds to his “something big” warning by saying: “Is that all you have? That’s old news.” The agents fail to learn more from him. On September 9, concerned that time is running out, a fellow prisoner will try to arrange a meeting, but nothing will happen before 9/11. The Tampa FBI agents will have a second interview with him hours after the 9/11 attacks, but even long after 9/11 they will claim that he cannot be believed. On January 6, 2002, the Tampa FBI will issue a statement: “The information [was] vetted to FBI New York, the Acting Special Agent in Charge of the Tampa Division and the United States Attorney for the Middle District of Florida. All agreed the information provided by this individual was vague and unsubstantiated… Mr. Arkeh did not provide information that had any bearing on the FBI preventing September 11.” [Orlando Sentinel, 1/6/2002; Orlando Sentinel, 10/30/2002] However, a different group of FBI agents will interview him in May 2002 and find his information credible (see May 21-22, 2002).
Dan Burton. [Source: US House of Representatives]Dan Burton (R-IN), the chairman of the House Government Reform Committee, releases edited transcripts of taped White House conversations between then-President Bill Clinton and Israel’s then-prime minister, Ehud Barak (see Late August, 2001). President Bush’s counsel Alberto Gonzales decided to break with decades of tradition in releasing private conversations between a former president and a head of state, and gave Burton the tapes as part of Burton’s investigation into Clinton’s last-minute pardon of Marc Rich, a commodities trader who had fled the US ahead of tax evasion and fraud charges. Burton and other conservatives have charged that Clinton pardoned Rich at the behest of Rich’s wife Denise, a Clinton presidential library contributor, possibly in return for the contributions, or even sexual favors. However, the tapes indicate that one reason Clinton pardoned Rich was a request made by Barak. On December 11, 2000, Barak said to Clinton, “One last remark. There is an American Jewish businessman living in Switzerland and makes a lot of philanthropic contributions to Israeli institutions and activities and education.” Rich had “violated certain rules of the game in the United States,” Barak said, and wanted Clinton to consider pardoning him. Clinton replied, “I know about that case because I know his ex-wife. If your ex-wife wants to help you, that’s good.” Barak asked Clinton again on January 8, 2001, when Clinton called Rich’s case “bizarre” and said, “It’s best that we not say much about that.” In a third conversation, which took place just days before Clinton left office, Clinton said that such a pardon has “almost no precedent in American history,” and told Barak that he was pondering whether or not to allow Rich to return to the US if pardoned. [New York Times, 8/21/2001; Salon, 2/7/2002; Dean, 2004, pp. 85-86] Clinton, angered by the selective editing of the transcripts in an apparent effort to mischaracterize the Rich pardon, will request that all of the relevant portions of the transcripts be released; the White House will refuse and classify the rest of the transcripts (see Late August, 2001).
On August 21, the FBI’s legal attache in London hand-delivers a request for information about Zacarias Moussaoui to British officials. On August 24, the CIA tells the British that Moussaoui is a possible “suicide hijacker” who is involved in “suspicious 747 flight training.” The CIA asks for information on him on August 28. The FBI raises the matter with the British again on September 3 and again on September 5. Although the British do not respond to these requests until just after 9/11, French intelligence, which has been sharing information about Moussaoui with the British (see 1999), sends the FBI some information about Moussaoui’s activities and history in England (see August 22, 2001). Then, on September 13, 2001, the British supposedly learn new information that Moussaoui attended an al-Qaeda training camp in Afghanistan (see 1995-1998). The 9/11 Commission will conclude, “Had this information been available in late August 2001, the Moussaoui case would almost certainly have received intense and much higher-level attention.” A British official will complain, “We passed on all the relevant information [about Moussaoui] as soon as we obtained it.” [Guardian, 4/14/2004; 9/11 Commission, 7/24/2004, pp. 274-75] However, the British had Moussaoui under surveillance in 2000 (see Mid-2000-December 9, 2000), and appear to have failed to pass on any information about this surveillance or what it uncovered.
An FBI agent detailed to the CIA’s bin Laden unit locates CIA cables saying that future 9/11 hijacker Nawaf Alhazmi entered the US in early 2000. The agent, Margaret Gillespie, then checks with the US Customs Service and discovers that another future 9/11 hijacker, Khalid Almihdhar, entered the US on July 4, 2001, and there is no record he has left the country. As there is “an imperative to find anyone affiliated with al-Qaeda if they [are] believed to be in the US,” Gillespie immediately contacts Dina Corsi, an FBI agent in its bin Laden unit. Gillespie, who has been examining the USS Cole bombing and al-Qaeda’s Malaysia summit for some time, will later say that when she learns of their arrival in the US, “it all clicks for me.” The Justice Department’s office of inspector general will find that Gillespie’s “actions on receipt of the information clearly indicate that she understood the significance of this information when she received it. She took immediate steps to open an intelligence investigation.” Gillespie and Corsi meet with Tom Wilshire, a CIA officer involved in the investigation (see August 22, 2001), and Almihdhar and Alhazmi are soon watchlisted (see August 23, 2001). [US Department of Justice, 11/2004, pp. 300-301, 313 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
Margaret Gillespie, an FBI agent detailed to the CIA who has just found out that future 9/11 hijacker Khalid Almihdhar is in the US (see August 21-22, 2001), suggests asking failed Millennium bomber Ahmed Ressam whether he recognizes Almihdhar, but the proposal is not acted on. Ressam was arrested on his way to bomb Los Angeles airport (see December 14, 1999), but has been co-operating with the US government against al-Qaeda (see May 30, 2001). Gillespie makes the suggestion in an e-mail to Tom Wilshire, a CIA representative to the FBI. It is unclear what Wilshire does with the suggestion, but Ressam is not interviewed. When shown photos of Almihdhar after 9/11, Ressam will not recognize him. The FBI also fails to ask Ressam about Zacarias Moussaoui before 9/11, but shortly after 9/11 Ressam will identity Moussaoui as a person that attended al-Qaeda’s camps in Afghanistan (see Late August-Early September 2001). [9/11 Commission, 7/24/2004, pp. 275-6, 541]
FBI headquarters agent Dina Corsi learns that al-Qaeda leader Khallad bin Attash attended a summit in Malaysia that was also attended by 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 5-8, 2000); an e-mail sent by Corsi on this date contains the first reference in FBI documents to bin Attash’s presence at the Malaysia summit. Although it is her job to support the investigation into the attack on the USS Cole (see October 12, 2000), which bin Attash commanded, and she is aware that bin Attash is important to the Cole investigation, even saying that she is focused on his identity and whereabouts, she fails to communicate this information to the agents investigating the bombing, who do not receive it before 9/11 (see August 30, 2001). After 9/11, she will say she cannot recall how she learned this information and an investigation by the Justice Department’s Office of Inspector General will fail to find any documents that cast light on the matter. Although she does not do anything with this information before another FBI agent tells her Khalid Almihdhar is in the US (see August 21-22, 2001), she will later say that the information bin Attash was at the Malaysia summit was important, as it connected Almihdhar and Alhazmi to the Cole bombing. She will also say that CIA officers Tom Wilshire and Clark Shannon, who she discussed al-Qaeda’s Malaysia summit with and who knew that bin Attash was in Malaysia with Alhazmi and Almihdhar (see Late May, 2001, Mid-May 2001 and June 11, 2001), did not give her this information. Although Corsi and others know that bin Attash is an important al-Qaeda leader, he is not watchlisted at this point, although one of his aliases is watchlisted in August (see August 23, 2001). [US Department of Justice, 11/2004, pp. 280, 284, 286, 293, 296, 302 ]
An new analysis of data from the VIGOR study (a clinical trial for Vioxx, see January 1999) along with data from a clinical trial of the drug Celebrex, and two smaller studies, raises concerns that COX-2 inhibitors may cause cardiovascular events. The study, published in the Journal of the American Medical Association, concludes that “it is mandatory to conduct a trial specifically assessing cardiovascular risk and benefit of these agents.” The authors are cardiologists Debabrata Mukherjee, Steven Nissen, and Eric Topol. [Mukherjee, Nissen, and Topol, 2001; National Public Radio, 6/8/2006]
Jean-Louis Bruguiere, who assisted the FBI with the Moussaoui case. [Source: Michel Lipchitz / Associated Press]After arresting Zacarias Moussaoui, the FBI’s Minneapolis field office asks French authorities if they have any information on him. The French then provide the US with intelligence indicating that Moussaoui is associated with a radical militant who died fighting for the Chechen rebels in 2000 (see Late 1999-Late 2000). The French interviewed one of this militant’s associates who said he had been recruited by Moussaoui to fight in Chechnya and described Moussaoui as “the dangerous one.” [US Department of Justice, 11/2004, pp. 140-1 ] French authorities attempt to gather additional information by talking to Moussaoui’s mother. Judge Jean-Louis Bruguiere, France’s lead investigating magistrate in charge of counterterrorism affairs, also provides information. “Let’s just say that Zacarias Moussaoui was well-known by the French security service…,” Bruguiere later recalls in a 2004 interview with CBC. “When the names come from abroad, we usually have a file, and it was the same with him. He was a well-known personality. He lived in France and then left here to go to England.” Bruguiere will also say that the French provided US authorities with information on Moussaoui’s activities in both France and England (see 1999 and August 21, 2001-September 13, 2001). [Canadian Broadcasting Corporation, 3/16/2004] Upon reviewing this information, Mike Maltbie of the Radical Fundamentalist Unit at FBI headquarters will inform Minneapolis that it is not enough for a search warrant under the Foreign Intelligence Surveillance Act, because, even though the French sent information about Moussaoui, Maltbie objects that the Moussaoui the French are talking about may not be the same one Minneapolis has in custody. The result of this is that FBI staff are sent on what Minneapolis agent Harry Samit will later call a “wild goose chase”—they are asked to spend days poring through French phone books to make sure they have the right Moussaoui. [Federal Bureau of Investigation, 8/27/2001 ; Federal Bureau of Investigation, 8/28/2001 ; Newsday, 3/21/2006; Los Angeles Times, 3/21/2006] For a search warrant to be granted there must be probable cause to believe Moussaoui is an agent of a foreign power. Maltbie claims that the Chechen rebels, who have never been treated as a foreign power before for a FISA warrant, cannot be treated as such, because they are not a “recognized” foreign power, only dissidents engaged in a civil war, and are not hostile to the US. In fact, the FBI has already received information indicating a close relationships between Chechen rebels and bin Laden (see, e.g., 1986-March 19, 2002 , August 24, 2001, and (October 1993-November 2001)) and that the two groups are working together on a strike against US interests (see Before April 13, 2001). Maltbie says that even if the Chechen rebels are a foreign power, then it will take some time to develop this information to the point where a FISA application can be submitted. Previous to this, Maltbie had only once advised a field office it was not going to get a FISA warrant. [US Department of Justice, 11/2004, pp. 141-4 ] The French provide more information on Moussaoui a few days later (see August 30, 2001).
Staff at the FBI’s Minneapolis field office form the opinion that there is a “reasonable indication” Zacarias Moussaoui wants to commit a “significant federal crime,” meaning that, under the amended 1995 “wall” procedures (see July 19, 1995 and August 6, 2001), they must inform an attorney at the Justice Department’s Criminal Division about the case. However, Mike Maltbie, an agent with the FBI’s Radical Fundamentalist Unit, blocks the notification. Minneapolis agents Chris Briese and Greg Jones believe that if the Criminal Division were notified, it would then order Minneapolis to seek a criminal warrant to search Moussaoui’s belongings, overcoming opposition to the search being put up by Maltbie and his colleagues (see August 20-September 11, 2001 and August 21, 2001). However, Maltbie prevents the notification from being sent, saying that he does not see any evidence of a federal crime, and that asking for a criminal warrant could unfavorably affect the chances of getting a warrant under the Foreign Intelligence Surveillance Act (FISA), if the criminal application were unsuccessful. He also says that getting a FISA warrant is easier, although two days later he says obtaining a FISA warrant will “take a few months” (see August 24, 2001). [US Department of Justice, 11/2004, pp. 127-8, 143-4 ]
The Asia Times reports that the US is engaged in “intense negotiations” with Pakistan for assistance in an operation to capture or kill bin Laden. However, despite promised rewards, there is a “very strong lobby within the [Pakistani] army not to assist in any US moves to apprehend bin Laden.” [Asia Times, 8/22/2001]
Rita Flack, an intelligence operations specialist with the FBI’s Radical Fundamentalist Unit, is looking for evidence of ties between Zacarias Moussaoui and a foreign power so the agency can obtain a warrant to search Moussaoui’s belongings (see August 21, 2001). On this day, she comes across the Phoenix memo written by FBI agent Ken Williams (see July 10, 2001) which observed that an unusual number of Islamic radicals are taking aviation training in the US. In the memo, Williams suggested that bin Laden may be coordinating the flight training as part of preparations for a terrorist attack. Flack prints the Phoenix memo. She will later tell the Justice Department’s Office of Inspector General that it is her usual practice to read the documents she prints, but she will not recall actually reading the Phoenix memo. She will also say she did not give the memo to anyone else, including colleague Mike Maltbie or the Minneapolis FBI field office. Nor did she discuss it with anyone, she says. After 9/11, she will say that there was nothing in the memo that would have bolstered Moussaoui’s connection to a foreign power, although this will be disputed by three National Security Law Unit attorneys (see August 22-28, 2001). The Justice Department’s Office of Inspector General will state: “We believe she should have at least recognized the relevance of the [memo] and the potential relationship of its theories to the Moussaoui case… We think [Flack] should have brought the Phoenix [memo] to someone’s attention.” [US Department of Justice, 11/2004, pp. 145-6, 217-8 ; US Department of Justice, 3/1/2006 ] The Senate Judiciary Committee will also later say, “The [Phoenix memo] contained information that was material to the decision whether or not to seek a FISA warrant in the Moussaoui case.” [US Congress, 2/2003]
After FBI agents Margaret Gillespie and Dina Corsi learn that 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi may be in the US (see August 21-22, 2001), they call a meeting with Tom Wilshire, a CIA officer interested in the investigation who is on loan to the FBI. Although all three will later be unable to recall the specifics of the conversation, they agree that it is important to initiate an investigation to locate Almihdhar. However, Wilshire has been aware that Almihdhar has a US visa since January 2000, when he frustrated the passage of such information to the FBI (see 9:30 a.m. - 4:00 p.m. January 5, 2000). He is also already aware that Alhazmi entered the US in January 2000 (see May 15, 2001) but again does not share this with the FBI. [US Department of Justice, 11/2004, pp. 301-2 ]
An FBI team returns to Yemen to re-commence its investigation of the bombing of the USS Cole (see October 12, 2000). The team, headed by FBI agent Ali Soufan and sent by retiring FBI manager John O’Neill on his last day with the FBI (see August 22, 2001), had been pulled out of Yemen in June, due to possible threats against it (see June 17, 2001). On the same day as Soufan leaves, the CIA finally tells the FBI some of what it knows about 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, and their attendance at an al-Qaeda’s Malaysia summit (see August 21-22, 2001 and August 23, 2001). Soufan had requested information about the Malaysia summit from the CIA three times (see Late November 2000, April 2001 and July 2001), but the CIA had repeatedly failed to respond to his requests. While in Yemen, Soufan appears not to be aware of the new information provided to the FBI, and learns about the Malaysia summit shortly after the 9/11 attacks (see January 5-8, 2000 and September 12-Late September, 2001). [New Yorker, 7/10/2006 ]
John O’Neill (left) with Dan Coleman at O’Neill’s retirement party on August 22, 2001. [Source: Dan Coleman]Counterterrorism expert John O’Neill retires from the FBI. He says it is partly because of the recent power play against him, but also because of repeated obstruction of his investigations into al-Qaeda. [New Yorker, 1/14/2002] In his last act, he signs papers ordering FBI investigators back to Yemen to resume the USS Cole investigation, now that Barbara Bodine is leaving as ambassador (they arrive a couple days before 9/11). He never hears the CIA warning about hijackers Nawaf Alhazmi and Khalid Almihdhar sent out just one day later. He also apparently is not told about the arrest of Zacarias Moussaoui on August 15, 2001 [PBS, 10/3/2002] ; nor does he attend a June meeting when the CIA reveals some of what it knows about Alhazmi and Almihdhar. [PBS Frontline, 10/3/2002] ABC News reporter Chris Isham will later say, “John had heard the alarm bells, too, and we used to talk about it. And he knew that there was a lot of noise out there and that there were a lot of warnings, a lot of red flags, and that it was at a similar level that they were hearing before the millennium, which was an indication that there was something going on. And yet he felt that he was frozen out, that he was not in a capacity to really do anything about it anymore because of his relationship with the FBI. So it was a source of real anguish for him.” [PBS, 10/3/2002]
Entity Tags: USS Cole, Walid Arkeh, Nawaf Alhazmi, Zacarias Moussaoui, Khalid Almihdhar, Ken Williams, John O’Neill, Al-Qaeda, Barbara Bodine, Central Intelligence Agency, Federal Bureau of Investigation, Chris Isham
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
The FBI’s Minneapolis field office drafts an application for a FISA warrant to search Zacarias Moussaoui’s belongings and sends it to the Radical Fundamentalist Unit (RFU) at FBI headquarters. From there, the application is sent to four attorneys at the FBI’s national security law unit (NSLU), as it needs to be legally cleared by them before being submitted to the FISA court. All four attorneys are doubtful that the application contains enough evidence to secure a warrant. Although they are aware that Moussaoui is connected to Chechen rebels, they do not believe the FISA court will consider the Chechen rebels to be a foreign power. Moreover, they do not think the connection between the Chechens and Osama bin Laden is strong enough to make Moussaoui an agent of al-Qaeda. However, the attorneys are not given the relevant documentation. For example, they are not informed that the FBI was warned in April that the Chechen rebel leader and bin Laden were planning an attack against the US (see Before April 13, 2001). Nor are they provided with a copy of the Phoenix memo, in which Arizona FBI agent Ken Williams correctly theorized that bin Laden was sending agents to the US to train in flight schools (see July 10, 2001). Attorney Sherry Sabol will later say that she asked RFU agents Mike Maltbie and Rita Flack whether there was any evidence of people being sent to the US for flight training. Flack, who read the Phoenix memo five days before (see August 22, 2001), said no. Maltbie will later say he does not recall this, and Flack will deny it. [US Department of Justice, 11/2004, pp. 139-160 ; US Department of Justice, 3/1/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] The Justice Department’s Office of Inspector General will later criticize Flack for failing to inform the attorneys of the memo. [US Department of Justice, 11/2004, pp. 208 ] Sabol, fellow NSLU attorney Tom Ainora, and another attorney whose name is unknown will say that they would have taken actions to support the application if they had known about the Phoenix memo. However, they do not believe that material from the Phoenix memo would have been enough to secure the FISA warrant. [US Department of Justice, 11/2004, pp. 146-8, 158-160, 208 ]
Khalid Almihdhar. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]It is unclear if Alec Station, the CIA’s bin Laden unit, briefs CIA leaders on information that 9/11 hijacker Khalid Almihdhar is in the US. Margaret Gillespie, an FBI analyst detailed to the station, discovers that Almihdhar is in the US on August 21, immediately informs the FBI (see August 21-22, 2001), and places Almihdhar, hijacker Nawaf Alhazmi, and two more associates on the TIPOFF watch list the next day (see August 23, 2001). The CIA also forwards information about al-Qaeda leader Khallad bin Attash to the FBI on August 30 (see August 30, 2001).
No Information on Briefings - There is no indication that Richard Blee, the CIA manager responsible for Alec Station, or anyone at Alec Station informs the CIA’s leadership, the White House, or Richard Clarke’s Counterterrorism Security Group (see August 23, 2001) of Almihdhar’s presence in the US and the clear implications of this presence. For example, no such briefing will be mentioned in the 9/11 Commission Report, although the report will mention that CIA Director George Tenet is briefed about Zacarias Moussaoui around the same time, and it does discuss the circulation of the information about Almihdhar at the FBI in detail. [9/11 Commission, 7/24/2004, pp. 268-277] The 9/11 Congressional Inquiry will not mention any such briefing, although it will discuss how the FBI handles the information. [US Congress, 7/24/2003, pp. 151-4 ] No such briefing will be mentioned in a 2007 book by Tenet, although the book will mention a briefing Tenet receives about Moussaoui. [Tenet, 2007, pp. 158-160, 200] The Justice Department inspector general’s report will discuss the FBI’s handling of the information in detail. [US Department of Justice, 11/2004, pp. 297-313 ] However, the full CIA inspector general’s report about 9/11 will not be made public, and its executive summary will not mention any such briefing. [Central Intelligence Agency, 6/2005, pp. 15-16 ]
Alec Station Aware of Threat and Almihdhar - Alec Station, the CIA, and the US intelligence community in general are highly aware that preparations for a large al-Qaeda attack are in the final stages (see Shortly After July 5, 2001, June 28, 2001, and June 28, 2001). Blee is, in fact, the lead briefer within the government about the threats, and has briefed not only his superiors at the CIA, but also National Security Adviser Condoleezza Rice (see May 30, 2001 and June 28, 2001). He has also recently expressed the belief that the attack will be in the US (see Late July 2001) and has apparently received a series of e-mails in which his former deputy told him Almihdhar may well be involved in the forthcoming attack (see July 5, 2001, July 13, 2001, and July 23, 2001). The information that Almihdhar is in the US therefore confirms Blee’s belief that the attack will be in the US, but it appears Alec Station fails to pass this information on.
John O’Neill begins his new job as head of security at the WTC. O’Neill had been the special agent in charge of the FBI’s National Security Division in New York, and was the bureau’s top expert on al-Qaeda and Osama bin Laden. [New York Magazine, 12/17/2001; New Yorker, 1/14/2002] He’d left his job with the FBI just the day before (see August 22, 2001). His friend Jerome Hauer, who is the former head of New York’s Office of Emergency Management, had found him the job at the World Trade Center. Developer Larry Silverstein, who recently took over the lease of the WTC (see July 24, 2001), had been highly impressed with O’Neill but insisted he start in the post no later than the first week of September, when his firm Silverstein Properties is set to assume control of the buildings. O’Neill had agreed to this. [Weiss, 2003, pp. 336-338, 345-346 and 349-351] After hearing that O’Neill has got this job, Chris Isham, a senior producer at ABC News who is a close friend, says to him, “Well, that will be an easy job. They’re not going to bomb that place again.” O’Neill replies, “Well actually they’ve always wanted to finish that job. I think they’re going to try again.” [PBS Frontline, 5/31/2002] After a few days as the WTC security director, O’Neill will move into his new office on the 34th floor of the South Tower. [Weiss, 2003, pp. 353-354 and 366]
According to German newspapers, the Mossad gives the CIA a list of 19 terrorists living in the US and say that they appear to be planning to carry out an attack in the near future. It is unknown if these are the 19 9/11 hijackers or if the number is a coincidence. However, four names on the list are known, and these four will be 9/11 hijackers: Nawaf Alhazmi, Khalid Almihdhar, Marwan Alshehhi, and Mohamed Atta. [Die Zeit (Hamburg), 10/1/2002; Der Spiegel (Hamburg), 10/1/2002; BBC, 10/2/2002; Ha'aretz, 10/3/2002] The Mossad appears to have learned about this through its “art student spy ring.” Yet apparently, this warning and list are not treated as particularly urgent by the CIA and the information is not passed on to the FBI. It is unclear whether this warning influenced the decision to add Alhazmi and Almihdhar to a terrorism watch list on this same day, and if so, why only those two. [Der Spiegel (Hamburg), 10/1/2002] Israel has denied that there were any Mossad agents in the US. [Ha'aretz, 10/3/2002]
CIA Director George Tenet and senior CIA senior staff are briefed repeatedly about the arrest of Zacarias Moussaoui. When news of the case first reaches the CIA, Tenet is absent and his deputy John McLaughlin is briefed, probably around August 20, 2001. [9/11 Commission, 4/13/2004; 9/11 Commission, 7/24/2004, pp. 541]
Series of Briefings - Tenet is informed of Moussaoui on August 23 in a briefing entitled “Islamic Extremist Learns to Fly.” The briefing states that Moussaoui paid for his training in cash, was interested to learn a plane’s doors do not open in flight, and wanted training on London to New York City flights. [US District Court for the Eastern District of Virginia, Alexandria District, 7/31/2006 ] At the same time Tenet is briefed on a number of other items, including the arrest of one of Moussaoui’s associates, Djamel Beghal (see July 24 or 28, 2001), and a group of Pakistanis arrested in Bolivia during preparations for a hijacking. [Tenet, 2007, pp. 200] Tenet and other CIA officials are then kept up to date with developments in the case in a series of at least five briefings. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
No Discussion with Other Agencies - However, others such as President Bush and the White House Counterterrorism Support Group (CSG) are not told about Moussaoui until after the 9/11 attacks begin (see August 16-September 10, 2001). Even the acting director of the FBI is not told (see August 16-September 10, 2001), despite the fact that lower level FBI officials who made the arrest tried to pass on the information. Tenet later maintains that there was no reason to alert President Bush or to share information about Moussaoui during an early September 2001 Cabinet-level meeting on terrorism, saying, “All I can tell you is, it wasn’t the appropriate place. I just can’t take you any farther than that.” [Washington Post, 4/17/2004; US District Court of Eastern Virginia, 5/4/2006, pp. 6 ]
'Lousy Explanation' - 9/11 Commissioner Tim Roemer will later come to the conclusion that this is, in author Philip Shenon’s words, a “lousy explanation,” and that Tenet should have called Acting FBI Director Thomas Pickard to talk about the case, because Tenet was well aware that the FBI was “dysfunctional” at terrorism investigations and that it did not have a permanent director at that time. Roemer will ask, “The report about Moussaoui shoots up the chain of command at the CIA like the lit fuse on a bomb, but Director Tenet never picks up the phone to call the FBI about it?” Roemer will conclude that a call from Tenet to Pickard might have prevented 9/11, and will be amazed Tenet does not mention it at the September terrorism meeting, “If the system is blinking red, why don’t you bring it up?” [Shenon, 2008, pp. 361]
Scientist Steven Hatfill, a future suspect in the October 2001 anthrax attacks (see October 5-November 21, 2001), loses his high-level Department of Defense security clearance. He had apparently misrepresented some things on his resume. He is working at a private company at this time (see 2000-2002), but no explanation is given to his employers. He is allegedly visibly angry over this. Some colleagues will later report suspicions about him to the FBI, thinking that his anger might have led him to send off the anthrax-laced letters. [Baltimore Sun, 7/18/2002; ABC News, 8/11/2002]
Dina Corsi, an FBI agent in the bureau’s bin Laden unit, informs her boss, bin Laden unit supervisor Rodney Middleton, that 9/11 hijacker Khalid Almihdhar is in the US. [US Department of Justice, 11/2004, pp. 303 ] Middleton will later recall his reaction to the news as an “‘Oh sh_t’ moment.” [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 52 ] He reviews the information Corsi presents to him and agrees with her that an intelligence investigation should be opened in New York to find Almihdhar. [US Department of Justice, 11/2004, pp. 303 ]
FBI headquarters agent Dina Corsi, who has discovered 9/11 hijacker Khalid Almihdhar is in the country (see August 21-22, 2001), contacts the FBI’s New York field office to give it a heads up that information about Almihdhar will soon be passed to it, and it will be asked to search for him. Corsi does not usually call in advance of sending notification, but she thinks that the situation is urgent in this case, as they need to locate Almihdhar, who is watchlisted at this time (see August 23, 2001), before he leaves the US. However, when she sends written notification (see August 28, 2001), it only has “routine” precedence, the lowest level. When asked about the discrepancy after 9/11, Corsi will say that this case was “no bigger” than any other case. I-49 squad supervisor Jack Cloonan and another FBI supervisor will later also say they recognized there was some urgency to the Almihdhar investigation, but the Justice Department’s Office of Inspector General will comment: “Yet, the FBI in New York did not treat it like an urgent matter.” [US Department of Justice, 11/2004, pp. 303-5, 354 ]
FBI headquarters agent Dina Corsi writes to Tom Wilshire, a CIA manager detailed to the FBI, and tells him that the search for 9/11 hijacker Khalid Almihdhar will be conducted as an intelligence investigation (see August 23, 2001 and August 29, 2001). She also says that she is surer now that Almihdhar is connected to the bombing of the USS Cole, writing, “I am still looking at intel, but I think we have more of a definitive connection to the Cole here than we thought.” Even though Corsi thinks Almihdhar is tied to the Cole bombing, she will oppose the search for him being conducted as part of the criminal investigation and insist that it be part of an intelligence investigation (see August 28, 2001 and August 28, 2001). [US Department of Justice, 11/2004, pp. 304 ]
The CIA cable watchlisting Alhazmi, Almihdhar, and two others (the sections mentioning Shakir and bin Attash are blacked out). [Source: FBI] (click image to enlarge)Thanks to the request of Margaret Gillespie, an FBI analyst assigned to the CIA’s Counter Terrorism Center, the CIA sends a cable to the State Department, INS, Customs Service, and FBI requesting that “bin Laden-related individuals” Nawaf Alhazmi, Khalid Almihdhar, Ahmad Hikmat Shakir, and Salah Saeed Mohammed bin Yousaf (an alias for Khallad bin Attash) be put on the terrorism watch list. All four individuals had attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000). The cable mostly focuses on Almihdhar, briefly outlining his attendance at the Malaysia summit and his subsequent travel to the US in January 2000 and July 2001. Since March 2000, if not earlier, the CIA has had good reason to believe Alhazmi and Almihdhar were al-Qaeda operatives living in the US, but apparently did nothing and told no other agency about it until now. The hijackers are not located in time, and both die in the 9/11 attacks. FBI agents later state that if they been told about Alhazmi and Almihdhar sooner, “There’s no question we could have tied all 19 hijackers together” given the frequent contact between these two and the other hijackers. [Newsweek, 6/2/2002; 9/11 Commission, 7/24/2004, pp. 538; US Department of Justice, 11/2004, pp. 32-36, 302] However, in what the Washington Post calls a “critical omission,” the FAA, the Treasury Department’s Financial Crimes Enforcement Network, and the FBI’s Financial Review Group are not notified. The two latter organizations have the power to tap into private credit card and bank data, and claim they could have readily found Alhazmi and Almihdhar, given the frequency the two used credit cards. [Washington Post, 7/25/2003] Furthermore, counterterrorism chief Richard Clarke and his Counterterrorism Security Group are not told about these two operatives before 9/11 either. [Newsweek, 3/24/2004] The CIA later claims the request was labeled “immediate,” the second most urgent category (the highest is reserved for things like declarations of war). [Los Angeles Times, 10/28/2001] The FBI denies that it was marked “immediate” and other agencies treated the request as a routine matter. [Los Angeles Times, 10/18/2001; US Congress, 9/20/2002] The State Department places all four men on the watch list the next day. [US Congress, 7/24/2003 ] However, this watch list, named TIPOFF, checks their names only if they use international flights. There is another watch list barring suspected terrorists from flying domestically. On 9/11, it contains only 12 names, including Khalid Shaikh Mohammed and other al-Qaeda figures, and some names are added as late as August 28, 2001. But none of these four men are added to this domestic list before 9/11.(see April 24, 2000). [9/11 Commission, 1/26/2004]
Entity Tags: Khalid Shaikh Mohammed, Margaret Gillespie, Khallad bin Attash, TIPOFF, Richard A. Clarke, Khalid Almihdhar, Nawaf Alhazmi, US Department of State, US Customs Service, Financial Crimes Enforcement Network, US Immigration and Naturalization Service, Ahmad Hikmat Shakir, Central Intelligence Agency, Federal Bureau of Investigation, Federal Aviation Administration, Counterterrorism and Security Group
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
After being alerted to the fact 9/11 hijacker Khalid Almihdhar is in the US, FBI agent Craig Donnachie says that the FBI should look for him under a criminal investigation, not an intelligence investigation. Donnachie, an intelligence agent at the FBI’s New York field office, is contacted by headquarters agent Dina Corsi, who says that the search for Almihdhar should be an intelligence investigation because the case is partially based on information from the NSA. Donnachie, however, tells her that the attempt to locate Almihdhar is related to the criminal investigation into the bombing of the USS Cole and would normally be handled as a sub-file of the main investigation, not a separate investigation. The case will later be opened as an intelligence investigation, meaning fewer resources can be devoted to it (see August 29, 2001). [US Department of Justice, 11/2004, pp. 304 ]
Two agents from the Oklahoma City FBI office visit Airman Flight School in Norman, Oklahoma, to learn about Zacarias Moussaoui’s training there earlier in the year. One of these agents had visited the same school in September 1999 to learn more about Ihab Ali Nawawi, an al-Qaeda agent who trained there in 1993. Apparently, this agent forgets the connection when he visits the school to look into Moussaoui. He later admits he should have connected the two cases. [Boston Globe, 9/18/2001; US Congress, 7/24/2003, pp. 322] The staff director of the 9/11 Congressional Inquiry later states, “No one will ever know whether a greater focus on the connection between these events would have led to the unraveling of the September 11 plot.” [New York Daily News, 9/25/2002] The Oklahoma City office also does not connect Moussaoui to a memo that had come from its office in May 1998 warning that “large numbers of Middle Eastern males” were receiving flight training in Oklahoma and could be planning terrorist attacks (see May 15, 1998). Furthermore, Moussaoui’s Oklahoma roommate Hussein al-Attas is also under suspicion at this time (see August 16, 2001). One of the people who attempted to post bond for al-Attas, William Webb, had previously been the subject of an extensive investigation by the same Oklahoma City FBI office. Webb is a member of the extremist group the Muslim Brotherhood and is also Vice President of Overseas Operations and Recruiting for the Palestinian group Fatah. Further, Webb is connected to Anwar al-Awlaki, an imam who has frequent ties with some of the 9/11 hijackers and is suspected of involvement in the 9/11 plot (see March 2001 and After). Al-Awlaki was the subject of an FBI counterterrorism inquiry the year before (see June 1999-March 2000). These connections are also not noticed. [US Congress, 7/24/2003, pp. 322; US Department of Justice, 11/2004, pp. 134-5 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
Rudi Dekkers, owner of Huffman Aviation—the Venice, Florida flight school attended by Mohamed Atta and Marwan Alshehhi—faces a series of legal suits. On August 23, 2001, a former female employee initiates a suit to enforce the settlement of a charge of “severe” sexual harassment by Dekkers. Huffman Aviation earlier agreed to pay her $15,000 in return for her not suing them. [Charlotte Sun, 10/3/2001; St. Petersburg Times, 7/25/2004] In August 2002, Dekkers’ former business partner Wally Hilliard files a suit, claiming Dekkers has failed to repay several loans, including one for $1.7 million, and also owes money for Huffman stock he sold him. [Venice Gondolier Sun, 8/24/2002] In January 2003, the state attorney’s office files criminal fraud charges against Dekkers for securing a loan of $200,000 with a mortgage on property his company had no legal interest in. The suit could result in a five-year prison sentence, but is later dismissed. [Venice Gondolier Sun, 1/18/2003; Associated Press, 1/22/2003; Venice Gondolier Sun, 1/25/2003; Venice Gondolier Sun, 12/6/2003] And in April 2004, along with Hilliard, he is accused of making as many as 26 unauthorized passenger flights during 1999, and faces a fine of up to $286,000. [Associated Press, 4/14/2004] In July 2004, the St. Petersburg Times will comment that Dekkers “continues to drive expensive vehicles and live in a million-dollar waterfront home, even though a Naples lawyer had ‘to chase him around’ to get him to pay a $359 judgment.” Even before 2001, Dekkers had a history of troubled businesses and being the subject of legal suits. In spite of this, following 9/11 he becomes a much sought-after figure by the media, later remarking, “I’m always on television somewhere.” He is even invited to testify before Congress regarding the two hijackers’ attendance at his flight school. [US Congress, 3/19/2002; Venice Gondolier Sun, 8/24/2002; St. Petersburg Times, 7/25/2004]
Zacarias Moussaoui’Â™s laptop, not opened until after 9/11. [Source: FBI]In the wake of the French intelligence report (see August 22, 2001) on Zacarias Moussaoui, FBI agents in Minneapolis, Minnesota, are “in a frenzy” and “absolutely convinced he [is] planning to do something with a plane.” Agent Greg Jones tells FBI headquarters that Moussaoui might “fly something into the World Trade Center.” [Newsweek, 5/20/2002; US Department of Justice, 11/2004, pp. 153 ] Minneapolis FBI agents become “desperate to search the computer lap top” and “conduct a more thorough search of his personal effects,” especially since Moussaoui acted as if he was hiding something important in the laptop when arrested. [Time, 5/21/2002; Time, 5/27/2002] As the Radical Fundamentalist Unit (RFU) at FBI headquarters has already blocked an application for a criminal warrant (see August 21, 2001), the FBI’s Minneapolis field office must apply for one under the Foreign Intelligence Surveillance Act (FISA). Minneapolis agent Harry Samit completes an application for a warrant to search Moussaoui’s belongings on August 25. To obtain the warrant, he has to show there is probable cause to believe Moussaoui is an agent of a foreign power. The memo states that Moussaoui recruited a fighter for a particular Chechen rebel group connected to al-Qaeda, so he is connected to al-Qaeda through the Chechens. However, the RFU at FBI headquarters believes that the Chechen rebels should not be described as a foreign power and that the link between the Chechens and bin Laden is not strong enough. [US Department of Justice, 11/2004, pp. 128-132 ; US Department of Justice, 3/1/2006 ] However, earlier in 2001 the FBI had received information indicating that this Chechen group and bin Laden were planning to attack US interests (see Before April 13, 2001). Minneapolis FBI agent Coleen Rowley later sums up how the Minneapolis agents feel at this point, when she says FBI headquarters “almost inexplicably, throw up roadblocks” and undermine their efforts. Headquarters personnel bring up “almost ridiculous questions in their apparent efforts to undermine the probable cause.” One of Jones’ e-mails to FBI headquarters says they are “setting this up for failure.” That turns out to be correct. [Time, 5/21/2002; Time, 5/27/2002; US Department of Justice, 11/2004, pp. 161 ]
The Valencia Motel. [Source: PBS NOVA]From September 2 (or August 23, according to some reports) until the day before the attacks, five of the hijackers stay in Room 343 at the rundown Valencia Motel in Laurel, Maryland. The five men—Khalid Almihdhar, Majed Moqed, Nawaf Alhazmi, Salem Alhazmi, and Hani Hanjour—are later identified as the hijackers of Flight 77. Their suite has only one bedroom, with two double beds. Reportedly, they all leave it at 10 each morning and go out for the day in an old Toyota Corolla with California license plates. The motel’s manager later will state that only two men rented the room for one week, paying $308 for it with a credit card, though several long-term motel residents will remember a larger group. [Washington Post, 9/19/2001; Baltimore Sun, 9/20/2001; Chicago Tribune, 9/23/2001; Newsday, 9/23/2001; Washington City Paper, 9/28/2001; Cox News Service, 10/15/2001] During their time at the motel the five men show up several times at a nearby gym (see May 6-September 6, 2001). However, there are conflicting accounts that Almihdhar, Hanjour, and Nawaf Alhazmi stayed in San Diego until about September 9 (see Early September 2001).
After being contacted by FBI headquarters (see (August 20, 2001)) and the local Minneapolis field office (see August 24, 2001), the CIA offers an opinion on the Moussaoui case. In response to French information linking Moussaoui to the Chechen rebels (see August 22, 2001), a CIA officer tells Minneapolis agent Harry Samit that this is “highly interesting,” adding, “[I] am not sure why this is not enough to firmly link Moussaoui to a terrorist group—Ibn Al-Khattab is well known to be the leader of the Chechen mujaheddin movement and to be a close buddy with bin Laden from their earlier fighting days. From a read of the [French] info, Moussaoui is a recruiter for Khattab. I can confirm from our own info that in fact the dead guy [Masooud Al-Benin] in fact was a fighter for Khattab who perished in Chechnya in April 2000” (see Late 1999-Late 2000). In a document submitted to court, the CIA officer will state “[T]he connection between Ibn Khattab and Osama bin Laden had been known for years at the CIA… it was crystal clear that Khattab and [bin Laden] were intricately tied together and they had clearly shared funding operations and training… it was no leap of faith to connect Khattab to [bin Laden] and there was lots of information connecting the two groups… the FBI informed [me] that French information discerned that Moussaoui had recruited for Khattab, clearly establishing his connection to Khattab, and thereby his connection to [bin Laden].” However, FBI headquarters, which is aware that bin Laden and the Chechen rebel leader are plotting together against the US (see, e.g., Before April 13, 2001), will refuse to apply for a search warrant for Moussaoui’s belongings, saying that the connections between Moussaoui and the Chechen rebels, and the Chechen rebels and bin Laden are not strong enough to justify one (see August 20-September 11, 2001 and August 28, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
Mike Maltbie of the Radical Fundamentalist Unit (RFU) at FBI headquarters tells Greg Jones of the FBI’s Minneapolis field office that obtaining a search warrant under the Foreign Intelligence Act (FISA) for Zacarias Moussaoui’s belongings could “take a few months” because there are “hundreds of these FISA requests.” (FISA warrants can actually be obtained in a matter of hours if needed, and can even be approved retroactively) Maltbie tells Jones that the situation is not an emergency, as he believes an act of terrorism is not imminent in this case, but that Minneapolis can write a letterhead memorandum for FBI headquarters about the case. [US Department of Justice, 11/2004, pp. 48, 53, 148-9 ; US Department of Justice, 3/1/2006 ]
The 9/11 Commission later will note that at this time, an unnamed foreign intelligence “service report[s] that [al-Qaeda deputy leader] Abu Zubaida [is] considering mounting terrorist attacks in the United States, after postponing possible operations in Europe. No targets, timing or method of attack [are] provided.” Newsweek will suggest that most or all of this information may have come from a US debriefing of al-Qaeda bomber Ahmed Ressam in May 2001 (see May 30, 2001). Newsweek will note that it is a common occurrence for foreign intelligence agencies to “simply rereport to the CIA what it had originally learned from the FBI through separate channels.” Still, even “the multiple channels for Ressam’s warnings [do] little to change thinking within the FBI or CIA…” [Newsweek, 4/28/2005; US District Court of Eastern Virginia, 5/4/2006, pp. 6 ] However, it is possible the information could be more than a mirror of what Ressam said, since a number of Western intelligence agencies are monitoring Zubaida’s phone calls before 9/11 (see October 1998 and After).
Tom Wilshire, a CIA manager detailed to the FBI (see May 2001), writes to Dave Frasca, head of the FBI’s radical fundamentalist unit, to obtain information about the progress of the case of Zacarias Moussaoui. Moussaoui was arrested by the FBI’s Minneapolis field office, which Wilshire refers to as the “Minneapolis Airplane IV crowd.” Presumably, this is a reference to the films Airplane and Airplane II, which were parodies of disaster and sci-fi movies. He asks whether leads have been sent out to obtain additional biographical information and whether the FBI has photographs it can provide the CIA. He receives a reply from one of Frasca’s subordinates telling him there are no indications Moussaoui has plans for nefarious activity (see August 24, 2001). [BBC, 3/13/2001; BBC, 3/13/2001; US Department of Justice, 11/2004, pp. 151 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
When the US intelligence community watchlists the alias Salah Saeed Mohammed bin Yousaf, which is used by al-Qaeda leader Khallad bin Attash (see August 23, 2001), it fails to realize that “bin Yousaf” is really bin Attash, who is known to be one of the masterminds of the USS Cole bombing (see Late October-Late November 2000 and November 22-December 16, 2000). The CIA knows that both bin Attash and “Salah Saeed Mohammed bin Yousaf” were in Malaysia with 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in January 2000 (see January 5-8, 2000, January 8, 2000, and January 4, 2001). Furthermore, the CIA has a photo of bin Attash provided by the Yemeni government, and surveillance photos and video of bin Attash with Alhazmi and Almihdhar at an al-Qaeda summit in Malaysia (see January 5-8, 2000 and Shortly After and January 5, 2000). And when bin Attash applied for a US visa, he used the “bin Yousaf” alias (see April 3, 1999), so presumably a comparison of his photo from that application with other photos would reveal that “bin Yousaf” and bin Attash are one and the same person. However, apparently no check is made for any US visa of “bin Yousaf,” even after he is watchlisted to prevent him from coming into the US, which would require a visa. Had a check been made, it would have been discovered that he applied for a visa at the same time as both Almihdhar and Alhazmi (see April 3-7, 1999), the very people who have been watchlisted together with him. Presumably, discovering that Alhazmi and Almihdhar had applied for US visas with one of the Cole masterminds would have greatly increased the urgency of finding them. [9/11 Commission, 7/24/2004, pp. 538; US Department of Justice, 11/2004, pp. 248, 300-3 ] The US missed other opportunities to learn more about this alias (see After January 8, 2000 and After December 16, 2000).
President George W. Bush appoints Gen. Richard Myers, an expert in hi-tech computer and space warfare, as the new chairman of the Joint Chiefs of Staff. Observers say that Bush’s nomination of Myers, a former head of the US Space Command, reflects the Bush administration intent to develop a missile defense system and weaponize space. [Washington File, 8/24/2001; PBS, 8/24/2001; Reuters, 8/30/2001]
Frustrated with the lack of response from FBI headquarters about Zacarias Moussaoui, the Minnesota FBI contacts an FBI agent working with the CIA’s Counterterrorism Center, and asks for help. [US Congress, 10/17/2002] On this day, the CIA sends a cable to stations and bases overseas requesting information about Moussaoui. The cable is titled, “Subjects Involved in Suspicious 747 Flight Training.” The cable says that the FBI is investigating Moussaoui for possible involvement in the planning of a terrorist attack and mentions his efforts to obtain flight training. It also suggests he might be “involved in a larger plot to target airlines traveling from Europe to the US.” [US Congress, 9/18/2002; 9/11 Commission, 7/24/2004, pp. 540] It calls him a “suspect 747 airline attacker” and a “suspect airline suicide hijacker”—showing that the form of the 9/11 attack is not a surprise, at least to the CIA. [US Congress, 10/17/2002] FBI headquarters responds by chastising the Minnesota FBI for notifying the CIA without approval. [Time, 5/21/2002]
After the CIA sends the FBI information it thinks is sufficient for a warrant to search Zacarias Moussaoui’s belongings (see August 24, 2001), the CIA’s Counterterrorist Center (CTC) sends the same information to a CIA representative to the FBI and asks him to help arrange a search warrant. The representative is not named, but it may be Tom Wilshire (see May 2001), a CIA officer assigned to the FBI who requests information about Moussaoui on this day (see August 24, 2001). The CTC officer writes: “No one in the FBI seems to have latched on to this. Perhaps you can educate them on Moussaoui. This may be all they need to open a FISA on Moussaoui.” [Tenet, 2007, pp. 202]
After 9/11, no clear evidence that any of the FBI’s top managers are informed of the search for hijacker Khalid Almihdhar will be uncovered and the 9/11 Commission will comment, “It appears that no one informed higher levels of management in either the FBI or CIA about the case.” However, the Commission will also note that “one witness recalls a discussion with a senior FBI official, that official denies that a discussion took place. The other alleged participant does not recall such a meeting.” The list of sources that follows this passage indicates that the senior official is International Terrorism Operations Section chief Michael Rolince, who is also informed of the Moussaoui case around this time, but will attempt to play down his knowledge of it (see Late August 2001 and March 21, 2006), and the other participants are two of the following: FBI headquarters agent Dina Corsi, CIA officer Tom Wilshire, and acting head of the FBI’s bin Laden unit Rod Middleton. [9/11 Commission, 7/24/2004, pp. 270, 538]
Mike Maltbie, a supervisory special agent with the Radical Fundamentalist Unit at FBI headquarters, writes to Tom Wilshire, a CIA manager stationed with the FBI, about the case of Zacarias Moussaoui and Hussein al-Attas (see August 24, 2001). He tells Wilshire what actions the FBI has taken on the case and concludes by saying, “Please bear in mind that there is no indication that either of these two had plans for nefarious activity as was apparently indicated in an earlier communication.” The word “no” is underlined. [US Department of Justice, 11/2004, pp. 151 ] However, the FBI’s field office in Minneapolis suspects Moussaoui is part of a wider plot to hijack airliners and Maltbie is aware of their concerns (see August 15-20, 2001).
The FBI fails to ask Ahmed Ressam, an al-Qaeda operative arrested during the Millennium alert (see December 14, 1999), whether he can identify Zacarias Moussaoui. Agents in Seattle holding Ressam receive a general notification about the Moussaoui case, but it lacks urgency and they do not follow up on it with Ressam (see September 4, 2001). When asked shortly after 9/11, Ressam will say he recognizes Moussaoui from al-Qaeda’s training camps in Afghanistan. The 9/11 Commission will conclude that had Ressam been shown photos of Moussaoui and identified him before 9/11, the FBI would have been able to search his belongings. The belongings contain enough information to potentially prevent 9/11 (see August 16, 2001). The FBI also fails to ask Ressam whether he recognizes Khalid Almihdhar at this time, although Ressam has never met Almihdhar and will not identify him after 9/11 (see August 21, 2001). [Sunday Times (London), 2/3/2002; 9/11 Commission, 7/24/2004, pp. 275-6, 541]
The US Air Force successfully tests the use of a military technology component that will land planes entirely by autopilot. The component is installed on a commercial airliner. The test takes place at Holloman Air Force Base in New Mexico and uses a Boeing 727. The component for automated landing used by the military is called the Joint Precision Approach and Landing System, or JPALS. The JPALS is a differential GPS ground station developed by Raytheon. It was designed to become interoperable with civilian systems utilizing the same GPS-based technology. The civilian counterpart to the JPALS is known as the Local Area Augmentation System (LAAS). Both the JPALS and the LAAS use GPS data sufficiently accurate to allow a plane’s autopilot to land safely without human intervention. The test demonstrates that “the JPALS and LAAS will provide an interoperable landing capability for military and civil applications,” according to a Raytheon announcement (see also August 2000). [SpaceDaily, 10/1/2001]
9/11 hijacker Mohamed Atta receives two wire transfers from Egypt through a small Florida money-wiring business. [Time, 10/1/2001] These transfers are not mentioned by the 9/11 Commission. [9/11 Commission, 7/24/2004; 9/11 Commission, 8/21/2004 ] Atta, an Egyptian, was in contact with his family in Cairo, Egypt, about once a month while he was in the US, although his father subsequently claimed not to know he was there (see September 19, 2001). Atta celebrates his birthday roughly around this time, on August 27 (8 Jumada al-Thani 1388 A.H.) or September 1, depending on whether he was going be the Muslim or Western calendar. [US District Court for the Eastern District of Virginia, Alexandria District, 7/31/2006 ; Rabiah (.com), 12/3/2006]
Around August 25, 2001, future 9/11 hijacker Nawaf Alhazmi possibly calls Mohdar Abdullah, a close associate of his when he lived in San Diego in 2000, and tells him about the 9/11 attacks date.
Shortly after 9/11, the FBI will question Abdullah about getting a call from Alhazmi in August; it is unclear how the FBI would have known to ask that question.
In a July 2002 interview with the FBI, Abdullah will ask if the FBI taped the phone call, suggesting that it does take place.
In 2003, Abdullah will be in a US jail, and another prisoner will claim Abdullah says he found out about the 9/11 attacks three weeks in advance.
Abdullah stops making calls from his phone after August 25, 2001.
After 9/11, Abdullah’s friends will say that Abdullah starts acting strangely around this time. [9/11 Commission, 7/24/2004, pp. 218, 531]
According to a witness, one day before 9/11, Abdullah and some of his co-workers (who are themselves radical Islamists (see Autumn 2000)) will appear to celebrate the upcoming 9/11 attacks, and one of them says, “It is finally going to happen” (see Late August-September 10, 2001).
In 2003 and 2004, more evidence will emerge that Abdullah willingly took part in the 9/11 plot, but he will be deported anyway (see September 2003-May 21, 2004 and May 21, 2004).
All the 9/11 hijackers book their flights for September 11, 2001, using their apparent real names. The total cost of the tickets is in excess of $30,000:
August 25: Khalid Almihdhar, who was watchlisted two days previously (see August 23, 2001), and Majed Moqed book tickets for American Airlines flight 77 using the AA.com website. They are collected from the American Airlines ticket counter at Baltimore Washington International Airport on September 5. The tickets were not mailed, because the shipping address did not match the credit card address. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 72, 74 ]
August 26: Wail Alshehri buys a ticket for American Airlines flight 11 over the phone with his debit card. His brother Waleed buys a ticket for the same flight at the AA.com website using his debit card. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 72 ]
August 27: Nawaf Alhazmi, who was watchlisted four days before (see August 23, 2001), buys tickets for himself and his brother Salem for American Airlines flight 77 through Travelocity from a Kinkos computer in Laurel, Maryland, using his debit card (see August 25-27, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 72 ]
August 27: Saeed Alghamdi uses his debit card to purchase tickets for United Airlines flight 93 for himself and Ahmed Alnami from the UA.com website. The tickets are not paid for until September 5, 2001, due to a problem with the debit card. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 72 ]
August 27: Fayez Ahmed Banihammad uses his visa card to purchase tickets for himself and Mohamed Alshehri for United Airlines flight 175 over the telephone. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 72-73 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
August 28: Mohamed Atta uses his debit card to buy tickets for American Airlines flight 11 for himself and Abdulaziz Alomari from the AA.com website. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
August 28: Waleed Alshehri purchases a ticket for Satam Al Suqami for American Airlines flight 11 in person from the company’s counter at Fort Lauderdale Airport. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 73 ]
August 28: Marwan Alshehhi purchases a ticket for United Airlines flight 175 from the company’s counter at Miami International Airport. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 73 ]
August 29: Hamza Alghamdi books tickets for himself and Ahmed Alghamdi for United Airlines flight 175 from the UA.com website. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
August 29: Ahmed Alhaznawi creates a new e-mail account and Travelocity.com account and uses them to book a ticket for himself on United Airlines flight 93. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 74 ]
August 30: Ziad Jarrah purchases a ticket for himself for United Airlines flight 93 from the UA website. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
August 31: Hani Hanjour purchases a ticket for American Airlines flight 77 from ATS Advanced Travel Services in Totowa, New Jersey, paying in cash. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
At least five tickets are one way only. [Los Angeles Times, 9/18/2001] There are numerous connections between the hijackers booked on the four flights by this point:
Hijackers on different 9/11 flights arrived in the US on the same plane. For example, Salem Alhazmi (Flight 77) arrived with Abdulaziz Alomari (Flight 11), and Fayez Ahmed Banihammad (Flight 175) arrived with Saeed Alghamdi (Flight 93) (see April 23-June 29, 2001);
Two of the pilots, Mohamed Atta and Marwan Alshehhi, train and live together, and have a joint bank account (see (Mid-July 2000 - Early January 2001), July 6-December 19, 2000, and June 28-July 7, 2000);
Hijackers from different planes open bank accounts together (see May 1-July 18, 2001 and June 27-August 23, 2001); and
The hijackers obtain identity documents together (see April 12-September 7, 2001 and August 1-2, 2001).
Six hijackers also provide the same phone number and three use the same address. [Miami Herald, 9/22/2001]
Entity Tags: Ahmed Alnami, Fayez Ahmed Banihammad, Hamza Alghamdi, Khalid Almihdhar, Ahmed Alhaznawi, Hani Hanjour, Marwan Alshehhi, Majed Moqed, Ahmed Alghamdi, Wail Alshehri, Mohamed Atta, Ziad Jarrah, Waleed Alshehri, Abdulaziz Alomari, Satam Al Suqami, Nawaf Alhazmi, Salem Alhazmi, Mohand Alshehri, Saeed Alghamdi
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Hijacker Khalid Almihdhar buys his 9/11 plane ticket on-line using a credit card; hijacker Nawaf Alhazmi does the same two days later, and also buys a ticket for his brother Salem (see August 25-September 5, 2001). Both men were put on a terrorist watch list on August 23 (see August 23, 2001), but the watch list only means they will be stopped if trying to enter or leave the US. There is another watch list that applies to domestic flights that some of their associates are on, but they are only placed on the international watch list (see April 24, 2000). Procedures are in place for law enforcement agencies to share watch list information with airlines and airports and such sharing is common, but the FAA and the airlines are not notified about this case, so the purchases raise no red flags. [Los Angeles Times, 9/20/2001; US Congress, 9/26/2002] An official later states that had the FAA been properly warned, “they should have been picked up in the reservation process.” [Washington Post, 10/2/2002] On September 4 and 5, 2001, an FBI agent will attempt to find Alhazmi and Almihdhar in the US, but will fail to conduct a simple credit card check that should have revealed these purchases (see September 4-5, 2001).
Osama Awadallah. [Source: Chris Park / Associated Press]Associates of 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar in San Diego reportedly change their behavior and seem to be aware that “something big” is about to happen. But it is not clear how they would have obtained this information.
The 9/11 Commission will suggest that there is evidence Alhazmi calls Mohdar Abdullah in late August (see (August 25, 2001)). Abdullah, a friend of these two hijackers in San Diego, may have been told some about the 9/11 plot back in 2000 and even invited to join in (see Early 2000 and June 10, 2000).
He will later brag to someone in prison that he was told of the attack date three weeks in advance (see Early 2000).
Both Abdullah and another former associate of the hijackers, Yazeed al-Salmi, suddenly become intent on marrying before 9/11. The 9/11 Commission will quote a witness saying al-Salmi told him, “I knew they were going to do something, that is why I got married.”
In addition, employees at the Texaco station where Alhazmi worked (see Autumn 2000), including one named Iyad Kreiwesh, apparently expect that law enforcement authorities will visit them in the near future.
Further, according to one witness, early on the morning of September 10, Abdullah, Osama Awadallah, Omar Bakarbashat, and others behave suspiciously at the gas station. The witness will say that after the group meets, Awadallah tells the others, “[I]t is finally going to happen” and they celebrate with high fives. [9/11 Commission, 7/24/2004, pp. 219-220, 249-50, 532]
The Panther Motel. [Source: Chris Zuppa / St. Petersburg Times]9/11 hijacker Marwan Alshehhi and a reportedly unidentified man stay at the Panther Motel in Deerfield Beach, Florida. During their stay, the manager, Richard Surma, observes that the two men have covered two paintings with towels, apparently for religious reasons, and are frequently visited by a third individual, who is also unidentified. When they leave on September 9, Surma finds several items left behind in a dumpster: a box cutter, aeronautical maps of the East Coast, martial arts books, and a tote bag from a flying school. [Boston Globe, 9/15/2001; Washington Post, 9/16/2001 ; Pittsburgh Post-Gazette, 9/30/2001; U.S.D.C Eastern District of Virginia, 7/31/2006, pp. 3 ] According to a timeline compiled by the Texas Service Center of the Immigration and Naturalization Service, Alshehhi is accompanied by fellow 9/11 hijacker Mohamed Atta when he checks out of the Panther Motel. [Immigration and Naturalization Service, 5/27/2002]
Harry Samit and Greg Jones, agents at the FBI’s Minneapolis field office investigating Zacarias Moussaoui, are having some problems with Mike Maltbie, a supervisory special agent at FBI headquarters’ Radical Fundamentalist Unit (RFU) (see August 20-September 11, 2001). They ask their boss to call RFU head Dave Frasca to “find out what [Maltbie]‘s problem [is].” Jones and his boss place the call. According to Jones, when the call starts, Frasca is “immediately defensive” and asks Maltbie to join the call. Jones’ notes indicate that he asks what is going to happen if “they won’t let us go criminal” and there is not enough information for a warrant under FISA. Jones asks what will happen if Moussaoui cannot be connected to a known group. The answer recorded in his notes is “That isn’t something for you to worry about.” However, Frasca will state he never said this. Maltbie’s performance—the original reason for the call—is apparently not discussed. [US Department of Justice, 11/2004, pp. 155-8 ; US Department of Justice, 3/1/2006 ]
Crown Prince Abdullah, the effective leader of Saudi Arabia, is upset with US policy over Israel and Palestine and threatens to break the Saudi alliance with the US. He has Prince Bandar, Saudi ambassador to the US, personally deliver a message to President Bush on August 27. Bandar says, “This is the most difficult message I have had to convey to you that I have ever conveyed between the two governments since I started working here in Washington in 1982.” He brings up a number of issues, including the complaint that since Bush became president US policy has tilted towards Israel so much that the US has allowed Israeli Prime Minister Sharon to “determine everything in the Middle East.” The message concludes, “Therefore the Crown Prince will not communicate in any form, type or shape with you, and Saudi Arabia will take all its political, economic and security decisions based on how it sees its own interest in the region without taking into account American interests anymore because it is obvious that the United States has taken a strategic decision adopting Sharon’s policy.” Bush seems shocked and replies, “I want to assure you that the United States did not make any strategic decision.” Secretary of State Powell later confronts Bandar and says, “What the fuck are you doing? You’re putting the fear of God in everybody here. You scared the shit out of everybody.” Bandar reportedly replies, “I don’t give a damn what you feel. We are scared ourselves.” Two days later, Bush replies with a message designed to appease the Saudi concerns (see August 29-September 6, 2001). [Woodward, 2006, pp. 77-79]
FBI agents at the bureau’s Minneapolis field office have been arguing with the FBI’s Radical Fundamentalist Unit (RFU) over whether there is sufficient evidence to secure a warrant to search Zacarias Moussaoui’s belongings (see August 20-September 11, 2001). The tensions surface in a call between Minneapolis agent Greg Jones and Supervisory Special Agent Mike Maltbie. This is a partial reconstruction of the conversation based on Jones’ notes: Maltbie: “What you have done is couched [the request] in such a way that people get spun up.” Jones: “Good. We want to make sure he doesn’t get control of an airplane and crash it into the [World Trade Center] or something like that.” Maltbie: “[T]hat’ not going to happen. We don’t know he’s a terrorist. You don’t have enough to show he is a terrorist. You have a guy interested in this type of aircraft—that is it.” Jones also asks whether the warrant request has been shown to Section Chief Michael Rolince yet, and Maltbie replies it has not. [US Congress, 10/17/2002; US Department of Justice, 11/2004, pp. 153-5 ; US Department of Justice, 3/1/2006 ] Another Minneapolis agent, Harry Samit, also contacts Maltbie and expresses his frustration with RFU’s position that they do not have enough evidence. In an interview with the Justice Department’s Office of Inspector General he recalls telling Maltbie: “… if you’re not going to advance this the FISA route, or if you don’t believe we have enough for a FISA, I shudder to think—and that’s all I got out. And [Maltbie]
cut me off and said, ‘You will not question the unit chief and you will not question me. We’ve been through a lot. We know what’s going on. You will not question us.’ And that could be the mantra for FBI supervisors.” [US Department of Justice, 11/2004, pp. 155 ]
The FBI contacts the State Department and the INS to determine the visa status of recently watch listed hijackers Nawaf Alhazmi and Khalid Almihdhar. Almihdhar’s visa obtained in June is revoked the same day; Alhazmi’s visa has already expired and he is in the country illegally. [US Congress, 7/24/2003 ] However neither agency is asked “to assist in locating the individuals, nor was any other information provided [that] would have indicated either a high priority or imminent danger.” An INS official later states, “if [the INS] had been asked to locate the two suspected terrorists… in late August on an urgent, emergency basis, it would have been able to run those names through its extensive database system and might have been able to locate them.” The State Department says that “it might have been able to locate the two suspected terrorists if it had been asked to do so.” [US Congress, 9/20/2002]
A Saudi family abruptly moves out of a Sarasota, Florida, residence linked to individuals who will later be accused of being among the 9/11 hijackers. The residence is owned by a Saudi couple, Esam Ghazzawi and his American-born wife, Deborah, and is occupied by Esam’s daughter, Anoud, and her husband, Abdulaziz al-Hijji. An unnamed counterterrorism officer will, in 2012, describe, “The car registration numbers of vehicles that had passed through the Prestancia community’s North Gate in the months before 9/11, coupled with the identification documents shown by incoming drivers on request, showed that Mohamed Atta and several of his fellow hijackers [Marwan al-Shehhi, Walid al-Shehri, and Ziad Jarrah]—and another Saudi terror suspect still at large [Adnan Shukrijumah]—had visited 4224 Escondito Circle on multiple occasions.” The counterterrorism officer will also say that “link analysis… tracked phone calls—based on dates, times, and length of phone conversations to and from the Escondito house—dating back more than a year before 9/11. And the phone traffic also connected with the 9/11 terrorists—though less directly than the gate logs did.” [Broward Bulldog, 3/12/2012] According to the Broward Bulldog, “The counterterrorism agent said Ghazzawi and al-Hijji had been on a watch list at the FBI and that a US agency involved in tracking terrorist funds was interested in both men even before 9/11.” [Broward Bulldog, 9/8/2011]
Residence Hastily Abandoned - A suspicious neighbor, Patrick Gallagher, will email the FBI on the day of the 9/11 attacks, but apparently the FBI will not investigate until about a month later, after Larry Berberich, senior administrator and security officer of the Prestancia gated community, contacts local law enforcement. According to Berberich and the counterterrorism officer: “[T]here was mail on the table, dirty diapers in one of the bathrooms… all the toiletries still in place… all their clothes hanging in the closet… TVs… opulent furniture, equal or greater in value than the house… the pool running, with toys in it. The beds were made… fruit on the counter… the refrigerator full of food.… It was like they went grocery shopping. Like they went out to a movie.… [But] the safe was open in the master bedroom, with nothing in it, not a paper clip.… A computer was still there. A computer plug in another room, and the line still there. Looked like they’d taken [another] computer and left the cord.” [Broward Bulldog, 9/8/2011] The family also leaves three vehicles and “huge piles of trash in front of the… home.” [Broward Bulldog, 9/13/2011]
Terrorism Links Alleged by FBI Informant - In addition to the visitor logs and call records, FBI informant Wissam Taysir Hammoud will allege that al-Hijji has links to the 9/11 hijackers. In 2004, the FBI and the Sarasota County Sheriff’s Office will interview Hammoud at the Hillsborough County Jail. Hammoud will tell them that al-Hijji introduced him to Adnan El Shukrijumah, that al-Hijji considered Osama bin Laden a “hero,” that al-Hijji may have known some of the 9/11 hijackers, that al-Hijji talked about “going to Afghanistan and becoming a freedom fighter,” and that al-Hijji tried to recruit him. At the time of the interview, Hammoud will be serving a 21-year sentence for attempted murder and weapons violations, and is classified as an “International Terrorist Associate” by the US Bureau of Prisons. [Broward Bulldog, 3/12/2012]
Al-Hijji Professes Innocence - Responding to the allegations in email correspondence with the London Daily Telegraph in 2012, al-Hijji will acknowledge having been friends with Hammoud, but will say the other allegations against him are false: “I have neither relation nor association with any of those bad people/criminals and the awful crime they did,” he will say. “9/11 is a crime against the USA and all humankind, and I’m very saddened and oppressed by these false allegations.” [Broward Bulldog, 3/12/2012]
FBI Repeatedly Denies 9/11 Links - Following news reporting on the events, the FBI will say in a prepared statement given to the Tampa Bay Times that the related leads “were resolved and determined not to be related to any threat nor connected to the 9/11 plot,” and that “[a]ll of the documentation pertaining to the 9/11 investigation was made available to the 9/11 Commission” and the Joint Inquiry. [Tampa Bay Times, 9/13/2011] And in a letter denying records requested under the Freedom of Information Act, the FBI will say, “At no time during the course of its investigation of the attacks, known as the PENTTBOM investigation, did the FBI develop credible evidence that connected the address at 4224 Escondito Circle, Sarasota, Florida to any of the 9/11 hijackers.” [Broward Bulldog, 2/20/2011]
Senate Intelligence Committee Chair Disputes FBI Statements - Senator Bob Graham (D-FL), chairman of the Senate Intelligence Committee, will deny that the Joint Inquiry received information regarding the Saudis and the Escondito Circle address, and will press the FBI to provide the records it says it turned over. The FBI will delay turning these records over for several months, and when it finally does provide two classified documents from 2002 and 2003 to Graham, Graham will say, “An important investigative lead was not pursued and unsubstantiated statements were accepted as truth.” The Broward Bulldog will also report that Graham says, “[T]he agent suggested that another federal agency be asked to join the investigation, but that the idea was ‘rejected.’” Graham will attempt to interview this agent, but find he has been ordered by FBI headquarters not to talk. [Broward Bulldog, 2/20/2011]
Walter Reed Army Medical Center. [Source: US Army]The Walter Reed Army Medical Center (WRAMC) in Washington, DC suffers a four-day power loss following an electrical transformer fire on August 27. Backup generators ensure patient care is minimally affected, but as a precaution 77 of the hospital’s roughly 100 patients are moved to other facilities until it regains full power. Most go to the National Naval Medical Center (NNMC) in Bethesda. According to Capt. Tom Sizemore, the acting commander of the NNMC, precautionary measures are necessary due to the size of the patient transfer. So on August 28 he sets the hospital into a mass casualty condition. Usually such a condition is only set in response to a major incident with many seriously injured people. Sizemore says, “This most unfortunate opportunity has provided NNMC with a very special opportunity. We were able to exercise our response system, with real patients, but (thank God) not with patients involved in some mass disaster.” [Stripe, 8/31/2001; Bethesda Journal, 9/6/2001; Stripe, 9/6/2001; Office of Medical History, 9/2004, pp. 146] Walter Reed is about six miles from the Pentagon, and its ambulance teams will respond to the attack there on September 11. Many believe that coping with the power failure helps prepare them for this. One member of staff later says, “A lot of the procedures that we used in the September 11 tragedy, we had just come out of this power loss where we had implemented a lot of what we did. We had good procedures in place that we had already just executed. It was really eerie.” [NurseWeek, 9/17/2001; Office of Medical History, 9/2004, pp. 145-146] A similar incident also occurs around this time at DeWitt Army Community Hospital at Fort Belvoir, an army base roughly 12 miles south of the Pentagon. The details of this are unspecified. [Stripe, 9/20/2001] Ambulance teams from DeWitt will also be involved in the emergency response to the Pentagon attack. [Office of Medical History, 9/2004, pp. i]
The NSA’s representative to the FBI asks the NSA for permission to pass intelligence information about 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi to FBI criminal agents investigating the bombing of the USS Cole and permission is granted the same day, but FBI headquarters does not forward this information to the Cole investigators. The request is made on behalf of FBI headquarters agent Dina Corsi, but Corsi does not want the agents to launch a criminal investigation to find Almihdhar in the US—she believes the information will be useful to them because of Almihdhar’s connection to the Cole bombing. The information identifies Almihdhar as an “Islamic extremist” and says that he traveled to Kuala Lumpur, where he met an associate named Nawaf (see January 5-8, 2000). This links Almihdhar to the Cole bombing because the FBI thinks one of the bombers, Fahad al-Quso, may have traveled to Kuala Lumpur at the same time as Almihdhar. Although the 9/11 Commission will say that Corsi “had permission to share the information” with the Cole investigators, she apparently does not do so, even though it is clear from conversations they have around this time that they want it (see August 28, 2001, and August 28, 2001, August 28-29, 2001, and August 29, 2001). [9/11 Commission, 7/24/2004, pp. 271, 539; US Department of Justice, 11/2004, pp. 276-7, 283, 286, 294, 304 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
The Pin-Del Motel. [Source: Michael Springer / Zuma Press]On August 27, future Flight 93 hijacker Ziad Jarrah checks into the Pin-Del, a budget motel in Laurel, Maryland. Giving a Florida address and driver’s license number, he pays for three nights with a Visa card, but leaves the following evening. [Associated Press, 9/19/2001; Washington Post, 9/19/2001] Days later, another hijacker, Nawaf Alhazmi, spends the night of September 1 at the same motel. He uses a New York driver’s license as identification, which gives his address as a Manhattan hotel. But the records of this hotel later will show he never stays there, and his driver’s license will also be found to be a fake. On September 2, Alhazmi joins the other Flight 77 hijackers at another motel, about a mile from the Pin-Del (See (August 23-September 10, 2001)). Jarrah is apparently never seen with any of the other hijackers while in the US. [Associated Press, 9/19/2001; Newsday, 9/21/2001]
Dave Frasca, head of the FBI’s Radical Fundamentalism Unit (RFU), and Michael Rolince, the assistant director in charge of the FBI’s International Terrorism Operations Section (ITOS), have at least two brief conversations about the Zacarias Moussaoui case. Moussaoui, suspected of having ties to Islamic militants, was arrested in mid-August (see August 16, 2001). Though it is not known what Frasca and Rolince talk about, it is possible their discussions concern complaints from the Minneapolis field office about how RFU is handling the case (see August 27, 2001). According to the 9/11 Commission, there is no evidence that this discussion ever reaches Assistant Director for Counterterrorism Dale Watson or Acting FBI Director Thomas Pickard. If this is true, the FBI’s handling of the case is remarkably different than the approach taken in the CIA, where Director George Tenet is briefed repeatedly on the matter (see August 23, 2001). [9/11 Commission, 7/24/2004, pp. 275; Associated Press, 3/21/2006] A warning that Osama bin Laden and Chechen rebel leader Ibn Khattab were planning a joint operation against the US was sent to Rolince earlier in the year (see Before April 13, 2001) and the FBI is aware that Moussaoui had recruited for the Chechen rebels (see August 22, 2001). Rolince will be involved in preparations for Moussaoui’s deportation to France shortly before 9/11 (see (August 30-September 10, 2001)).
In April 2001, the CIA analyzed some “intriguing information associated with a person known as ‘Mukhtar.’” The CIA didn’t know who this was at the time, only that he was associated with top al-Qaeda deputy Abu Zubaida and that he seemed to be involved in planning al-Qaeda activities. On August 28, 2001, the CIA receives a cable reporting that Khalid Shaikh Mohammed (KSM) has the nickname of Mukhtar (which means “brain” in Arabic). However, apparently no one at the CIA’s bin Laden unit makes the connection between this new information and the April 2001 information. The 9/11 Commission writes, “Only after 9/11 would it be discovered that Muhktar/KSM had communicated with a phone that was used by [Ramzi] bin al-Shibh, and that bin al-Shibh had used the same phone to communicate with [Zacarias] Moussaoui [who is in US custody by this time.]” [US Congress, 7/24/2003, pp. 322; 9/11 Commission, 7/24/2004, pp. 277]
The FBI’s Minneapolis field office has submitted a memorandum to the Radical Fundamental Unit (RFU) at FBI headquarters for a search warrant under the Foreign Intelligence Surveillance Act (FISA) for Zacarias Moussaoui’s belongings (see August 23-27, 2001). Before it is submitted, RFU agent Mike Maltbie makes several alterations to the memo. In particular, he deletes a key section saying that a CIA officer had described Chechen rebel leader Ibn Khattab, to whom Moussaoui was connected, as an associate of bin Laden. He deletes this even though the FBI was recently warned that bin Laden and Ibn Khattab may be working together on attacks against US interests (see Before April 13, 2001). However, Minneapolis FBI agent Greg Jones objects in a lengthy e-mail that “we are setting this up for failure if we don’t have the foreign power connection firmly established for the initial review.” Jones also complains about other changes made by Maltbie, including:
Maltbie changes a statement about Moussaoui “preparing himself to fight” to one saying he and an associate “train together in defensive tactics.”
Maltbie changes the sentence, “Moussaoui was unable to give a convincing explanation for his paying $8300 for 747-400 training,” to “Moussaoui would give an explanation for his paying $8300 in cash for 747-700 flight simulation training.”
Maltbie changes a statement that Moussaoui has no convincing explanation for the large sums of money he had to “Moussaoui would not explain the large sums of money known to have been in his possession.”
Maltbie responds by saying that they will attempt to put something together for the foreign power requirement and by changing some, but not all of the sections Jones complains about. However, Minneapolis is still unhappy and the Justice Department’s Office of Inspector General will state that after Jones’ complaints are taken into consideration the memo is only “slightly less persuasive.” The key section about Chechnya is not reinstated, but Moussaoui’s links to Chechnya are discussed at the relevant meeting with an attorney about the request (see August 28, 2001). [US Department of Justice, 11/2004, pp. 161-4, 209-211 ]
Maria Siscar-Simpson’s apartment at the Delray Beach Racquet Club. [Source: Chris Zuppa/St. Petersburg Times]Two 9/11 hijackers, Ahmed Alhaznawi and Ahmed Alnami, who are living in a Delray Beach, Florida, condominium, forcefully try to enter the apartment of a neighbor living below them. They say a towel has dropped from their balcony to hers and insist on entering to retrieve it. The apartment’s tenant, Maria Siscar-Simpson, is frightened and refuses to let them in. According to her account, a handyman shouts the men away, but they come back three more times. After Siscar-Simpson later tells her story to the FBI, agents will suggest the towel, which appears to have fallen on her roof, not her balcony, may have contained clothing with something important to the two future hijackers’ mission, perhaps a confirmation number for their 9/11 flights (Alnami’s flight was booked the previous day—see August 25-September 5, 2001). The bureau will later find evidence that the men lower themselves on guy wires to retrieve the towel this evening. [St. Petersburg Times, 9/1/2002]
A car rented by 9/11 hijacker Nawaf Alhazmi is queried by police in Totowa, New Jersey. This incident is inputted into the NCIC, a widely used nationwide police database. [Federal Bureau of Investigation, 10/2001, pp. 236 ] Alhazmi rented the car, a Chrysler Concorde, on August 20 in nearby Wayne, New Jersey. He used his Florida driver’s license for ID. He stays in the area until September 1, when he returns the car and goes to Maryland. [CNN, 9/26/2001; Federal Bureau of Investigation, 10/2001, pp. 229, 247 ] Alhazmi had been put on a terrorist watch list several days earlier along with his companion Khalid Almihdhar (see August 23, 2001), and the FBI has been tasked to search for them in the US. On September 5, 2001, FBI agent Robert Fuller will allegedly search the NCIC database, although evidence suggests he does not actually do so (see September 5, 2001). It is unknown how quickly this incident is added to the database and if it would be there in time for Fuller to discover.
After learning that FBI headquarters wants the search for 9/11 hijacker Khalid Almihdhar to be an intelligence investigation, FBI supervisor Jack Cloonan protests, saying a criminal investigation would be more appropriate. Cloonan, an agent on the I-49 al-Qaeda squad at the FBI’s New York office, says that the search should be conducted by criminal agents, as they would have more freedom and resources, due to an existing indictment of Osama bin Laden. Other agents on the squad make the same argument (see August 23, 2001 and August 28, 2001). However, in the end the search will be conducted as an intelligence investigation, but will not find Almihdhar before 9/11 as only one inexperienced agent will be assigned to it (see August 29, 2001). [Wright, 2006, pp. 353]
Senator Bob Graham (D-FL), Representative Porter Goss (R-FL), and Senator Jon Kyl (R-AZ) travel to Pakistan and meet with President Pervez Musharraf. They reportedly discuss various security issues, including the possible extradition of bin Laden. They also meet with Abdul Salam Zaeef, the Taliban ambassador to Pakistan. Zaeef apparently tells them that the Taliban wants to solve the issue of bin Laden through negotiations with the US. Pakistan says it wants to stay out of the bin Laden issue. [Agence France-Presse, 8/28/2001; Salon, 9/14/2001]
FBI headquarters agent Dina Corsi asks the FBI’s New York field office to open an intelligence investigation into future 9/11 hijacker Khalid Almihdhar and locate him in the US. Corsi’s written request mentions Almihdhar’s arrival in the US in July 2001 (see July 4, 2001), his previous travel to the US in January 2000 with Nawaf Alhazmi (see January 15, 2000), his attendance at al-Qaeda’s Malaysia summit (see January 5-8, 2000), his association with an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), and similarities between his travel and that of Fahad al-Quso, Ibrahim al-Thawar (a.k.a. Nibras), and Khallad bin Attash (see January 13, 2000), operatives involved in the bombing of the USS Cole. Corsi does not mention that the CIA knows bin Attash also attended the Malaysia summit, as this information has not officially been passed to the FBI yet. [US Department of Justice, 11/2004, pp. 304 ]
Mike Maltbie and Rita Flack of the Radical Fundamentalist Unit (RFU) forward a request for a warrant to search Zacarias Moussaoui’s belongings (see August 21, 2001) to National Security Law Unit chief Spike Bowman. The request was submitted by the Minneapolis field office (see August 22-28, 2001), which has been trying to obtain a warrant for some time. Earlier in the day, Maltbie edited the request, removing information connecting Moussaoui to al-Qaeda through a rebel group in Chechnya (see August 28, 2001). RFU chief Dave Frasca was to attend the meeting, but is called away at the last minute. According to Bowman, who is already very familiar with the facts in this case, Maltbie is adamant that there is not enough evidence to issue the warrant. Bowman agrees, saying that the evidence fails to implicate Moussaoui as an agent of a foreign power. The FBI thus abandons the effort to obtain a FISA warrant and begins planning his deportation (see (August 30-September 10, 2001)). [US Department of Justice, 11/2004, pp. 164-6, 168 ; US Department of Justice, 3/1/2006 ]
Steve Bongardt, an FBI criminal agent investigating the bombing of the USS Cole, receives an e-mail from FBI headquarters asking the FBI’s New York office to start looking for future 9/11 hijacker Khalid Almihdhar under an intelligence investigation, but is forced to delete it following an argument with headquarters. The e-mail was not addressed to Bongardt, but forwarded to him by a supervisor, possibly in error. However, Bongardt calls Dina Corsi, the headquarters agent who wrote the e-mail, and expresses his surprise at the information contained in it, saying: “Dina, you got to be kidding me! Almihdhar is in the country?” He tells her the search should be conducted as a criminal investigation, not an intelligence investigation. Corsi incorrectly replies that the “wall” prevents the search from being carried out by criminal agents (see Early 1980s and July 19, 1995), as the investigation requires intelligence from the NSA that criminal agents cannot have, and she forces Bongardt to delete the e-mail from his computer (see August 29, 2001). [9/11 Commission, 7/24/2004, pp. 271; US Department of Justice, 11/2004, pp. 304 ; Wright, 2006, pp. 353]
FBI New York agent Steve Bongardt, FBI headquarters agent Dina Corsi, and acting FBI Osama bin Laden unit head Rod Middleton, who is Corsi’s supervisor, discuss whether the search for future 9/11 hijacker Khalid Almihdhar should be an intelligence or criminal investigation. Bongardt argues that the search should be a criminal investigation because of Almihdhar’s connection to the bombing of the USS Cole and because more agents could be assigned to a criminal investigation. (Note: the office only has one rookie intelligence agent available.) He also says a criminal investigation would have better tools, such as grand jury subpoenas, which are faster and easier to obtain than the tools in an intelligence investigation. Corsi and Middleton say that the “wall” prevents the intelligence information necessary for the case being shared with criminal investigators, so the search must be an intelligence investigation. (Note: Corsi and Middleton are wrong (see August 29, 2001).) Bongardt is unhappy with this and requests an opinion from the Justice Department’s national security law unit (see August 28-29, 2001). [US Department of Justice, 11/2004, pp. 307 ]
FBI headquarters agents Dina Corsi and Rod Middleton contact Justice Department lawyer Sherry Sabol to ask her opinion on the search for 9/11 hijacker Khalid Almihdhar, but Sabol will later say that Corsi misrepresents her advice to other agents. Corsi contacts Sabol, an attorney at the national security law unit, to ask her about legal restrictions on the search for Almihdhar, because of an argument she has had with New York agent Steve Bongardt about whether the search should be an intelligence or criminal investigation (see August 28, 2001 and August 28, 2001). Corsi will later tell Bongardt that Sabol told her that the information needed for the investigation cannot be passed on to criminal agents at the FBI, only intelligence agents, and that if Almihdhar is located, a criminal agent cannot be present at an interview. [US Department of Justice, 11/2004, pp. 307-8 ] Corsi’s understanding of the issue is wrong, and the “wall,” which restricted the passage of some intelligence information to criminal agents at the FBI, does not prevent the information in question being shared with criminal agents (see August 29, 2001). The 9/11 Commission will comment that Corsi “appears to have misunderstood the complex rules that could apply to the situation.” [9/11 Commission, 7/24/2004, pp. 271] In addition, Sabol will later insist that her advice was very different than what Corsi claims it is. She will deny saying a criminal agent could not interview Almihdhar, arguing that she would not have given such inaccurate advice. She will also say the caveat on the intelligence information from the NSA would not have stopped criminal agents getting involved and, in any case, the NSA would have waived the caveat if asked. (Note: the NSA did so at Corsi’s request just one day earlier (see August 27-28, 2001), but presumably Corsi does not tell Sabol this.) [9/11 Commission, 7/24/2004, pp. 271] Larry Parkinson, the FBI’s general counsel at this time, will later say there was no legal bar to a criminal agent being present at an interview and that he would be shocked if Sabol had actually told Corsi this. [9/11 Commission, 2/24/2004] Furthermore, Corsi apparently does not tell Sabol that Almihdhar is in the US illegally. The illegal entry is a crime and means criminal FBI agents can search for him (see August 29, 2001).
Entity Tags: Steve Bongardt, Sherry Sabol, Usama bin Laden Unit (FBI), Larry Parkinson, Khalid Almihdhar, Dina Corsi, FBI Headquarters, FBI New York Field Office, National Security Law Unit, Rod Middleton
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
The Radical Fundamentalist Unit (RFU) at FBI headquarters learns of a translated conversation (see August 17, 2001) between Zacarias Moussaoui’s roommate, Hussein al-Attas, and an imam from a mosque in Norman, Oklahoma, in which the imam had said, “I heard you guys wanted to go on jihad.” On this day, the FBI also learns about al-Attas’s will, which states that “death is near” and that “those who participate in jihad can expect to see God.” After receiving the information, RFU chief Dave Frasca replies in an e-mail, “The will is interesting. The jihad comment doesn’t concern me by itself in that this word can mean many things in various [M]uslim cultures and is frequently taken out of context.” However, a top Justice Department attorney who submits applications for warrants under the Foreign Intelligence Surveillance Act (FISA), will later say that “he would have tied bells and whistles” to the jihad comment in a FISA application. A later investigation by the Justice Department’s Office of Inspector General will conclude that the comment was “significant” and “should have been given greater weight in considering whether there was probable cause to believe Moussaoui was connected to a terrorist group.” [US Department of Justice, 11/2004, pp. 134, 167-8, 201 ; US Department of Justice, 3/1/2006 ]
After the FBI decides not to seek a warrant to search Zacarias Moussaoui’s belongings under the Foreign Intelligence Surveillance Act (FISA) (see August 28, 2001), it fails to reconsider the possibility of applying for a criminal warrant. A criminal warrant was not sought initially, partially because if the warrant application were unsuccessful, it would adversely affect the chances of getting a FISA warrant (see August 21, 2001). Now that a FISA warrant is not to be sought, this potential consequence is irrelevant. Dave Frasca, head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, will later say that he does not know why he, his subordinate Mike Maltbie, and the FBI’s Minneapolis field office do not bring this possibility up at this time, but will suggest that everybody probably forgot to raise the matter. Maltbie will say he does not think there is enough evidence for a warrant. Minneapolis personnel will say they do not bring the issue up because they do not think of it, are not in charge of the case, and the RFU has previously blocked this route. The Justice Department’s inspector general will say that the failure to reconsider obtaining a criminal search warrant is “puzzling” and “even more troubling” than the previous errors in the case’s handling, adding that it “also shows a troubling lack of initiative and acceptance of responsibility by FBI headquarters.” [US Department of Justice, 11/2004, pp. 168-9, 191-2 ]
The rising demand for President Bush to make good on his stated intention to withdraw the United States from the 1972 ABM treaty with Russia (see May 26, 1972, August 3, 2000, May 1, 2001, and June 2001) alarms Yale law professor Bruce Ackerman. Ackerman, a constitutional law expert, writes that Bush lacks the authority to make such a decision. “Presidents don’t have the power to enter into treaties unilaterally,” he writes. “This requires the consent of two-thirds of the Senate, and once a treaty enters into force, the Constitution makes it part of the ‘supreme law of the land’—just like a statute. Presidents can’t terminate statutes they don’t like. They must persuade both houses of Congress to join in a repeal. Should the termination of treaties operate any differently?” Ackerman cites several historical instances, the most recent in 1978, when then-President Carter pulled the US out of a treaty with Taiwan, and was challenged unsuccessfully in a lawsuit that was dismissed by the Supreme Court. “[T]he court did not endorse the doctrine of presidential unilateralism,” Ackerman notes, but felt the issue should be resolved “by the executive and legislative branches.” Congress should not allow Bush to withdraw from the treaty, Ackerman writes. “If President Bush is allowed to terminate the ABM treaty, what is to stop future presidents from unilaterally taking America out of NATO or the United Nations?” he asks. “The question is not whether such steps are wise, but how democratically they should be taken. America does not enter into treaties lightly. They are solemn commitments made after wide-ranging democratic debate. Unilateral action by the president does not measure up to this standard.” Instead, he recommends: “Congress should proceed with a joint resolution declaring that Mr. Bush cannot terminate treaty obligations on his own. And if the president proceeds unilaterally, Congress should take further steps to defend its role in foreign policy.” [New York Times, 8/29/2001; Savage, 2007, pp. 140]
Conservative pundit and author David Horowitz labels the entire United Nations World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance as itself “racist.” Horowitz, in an appearance on Fox News’s Hannity and Colmes, refers to the conference, about to be held in Durban, South Africa, as being “run by Arab and African states… all of them, to a, to a state, practically, maybe there’s one that’s not a dictatorship, it’s racist.” He applauds the Bush administration’s decision not to send a senior representative to the conference. [Media Matters, 12/1/2004]
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