The Justice Department announces that only 74 of the 752 people detained on immigration charges after 9/11 are still in US custody. By December, only six of them will remain in custody (see December 11, 2002). Hundreds more were detained on other charges or as material witnesses, but no numbers pertaining to them have been released. 611 were subject to secret hearings. Senator Carl Levin (D-MI), who had requested the figures, says, “It took the Justice Department more than three months to produce a partial response to my letter.” But the answers raise “a number of additional questions, including why closed hearings were necessary for so many people.” Though many were held for months, “the vast majority were never charged with anything other than overstaying a visa.” [New York Times, 7/11/2002] All the deportation hearings for these people have been held in secret as well. Some say the government is cloaking its activities out of embarrassment, because none of these people have turned out to have any ties to terrorism. [New York Times, 7/11/2002; Detroit Free Press, 7/18/2002]
July 31, 2002: Sheriff Raids Business that Supplied 9/11 Hijackers with Fake ID
A business owned by Mohamed el-Atriss, who supplied the 9/11 hijackers with fake IDs (see (July-August 2001)), is raided by the Passaic County Sheriff’s Department. The raids are carried out in a blaze of publicity and are strongly opposed by the US attorney’s office for New Jersey and the FBI, which has a relationship with el-Atriss (see July 31, 2002 and After, September 13, 2001-Mid 2002). [Bergen Record, 8/7/2002] The sheriff is suspicious of el-Atriss and raids his business because, in addition to providing hijackers Abdulaziz Alomari and Khalid Almihdhar with at least two pieces of fake ID, el-Atriss:
Talked repeatedly on the phone to another hijacker (see (July-August 2001));
Is an associate of an unindicted co-conspirator in the 1993 ‘Landmarks’ bomb plot (see Before September 11, 2001);
Wired $29,000 to the Arab National Bank in Mecca in 2002; [Washington Post, 1/3/2003]
Made inquiries to a parts manufacturer about navigational systems for commercial jetliners to be shipped to Egypt in 1999; [Newark Star-Ledger, 10/20/2003]
Downloaded a list of the 9/11 hijackers from the Internet after 9/11, underlined some names, and circled Khalid Almihdhar’s. [Newark Star-Ledger, 10/20/2003]
El-Atriss is not present during the raid, having traveled to Egypt a short time before, but later returns to the US and is arrested at JFK airport in New York. [CBS News, 7/31/2002; BBC, 8/21/2002] He will later say that he came back to the US to clear his name after learning of the raid while in Egypt. He will be charged with over two dozen counts of selling false documents. [Newark Star-Ledger, 10/20/2003] Secret evidence will be used against him at the trial. He will plead guilty to one of charges, while the rest will be dropped. (see November 2002-June 2003).
July 31, 2002 and After: US Attorney Threatens to Arrest Local Sheriff in Row over Raid on Hijackers’ Associate, FBI Also Highly Critical
Both the FBI and the US attorney’s office for New Jersey are highly critical of a raid by the Passaic County sheriff’s office on the business of Mohamed el-Atriss, who supplied the 9/11 hijackers with false IDs (see (July-August 2001) and July 31, 2002). El-Atriss is later arrested and will plead guilty to selling fake IDs (see November 2002-June 2003). According to the sheriff, when US attorney for New Jersey Christopher Christie learns the sheriff intends to hold a news conference about the raid, he tells the sheriff that “he [will] be arrested and the US attorney [will] come down and shut down the Sheriff’s Department.” However, a spokesman for Christie will deny this. [Newark Star-Ledger, 10/20/2003] The FBI also hammers the sheriff in the media after the arrest, calling the raid, in which officers were accompanied by several press representatives, a “shameful media grab” and saying that the sheriff killed an FBI investigation. The Bergen County Record will point out that this is unusual, as “the feds don’t make a habit of lambasting other law enforcement officials publicly or of confirming the existence of secret investigations.” [Bergen Record, 8/7/2002] Federal officials then tell the sheriff’s department not to proceed with any investigations related to el-Atriss until they get clearance from the FBI. [Newark Star-Ledger, 10/20/2003] El-Atriss cooperated with the FBI after 9/11 and promised to “keep his eyes and ears open” for other terrorists (see September 13, 2001-Mid 2002).
August 22-November 2002: Possible Hijacker Associate Is Arrested, Then Deported
Osama Basnan, an alleged associate of 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar, and his wife are arrested for visa fraud. [Newsweek, 11/22/2002; Los Angeles Times, 11/24/2002] One report says he is arrested for allegedly having links to Omar al-Bayoumi. [Arab News, 11/26/2002] On October 22, Basnan and his wife, Majeda Dweikat, admit they used false immigration documents to stay in the US. [KGTV 10 (San Diego), 10/22/2002] Possible financial connections between Basnan and al-Bayoumi, Alhazmi and Almihdhar, and the Saudi royal family are known to the 9/11 Congressional Inquiry (as well as the FBI and CIA) at this time. Remarkably, Basnan is deported to Saudi Arabia on November 17, 2002. His wife is deported to Jordan the same day. [Washington Post, 11/24/2002] Less than a week after the deportations, new media reports make Basnan a widely known suspect. [Newsweek, 11/22/2002]
September 2002: FBI Agent Sees ‘Grave Violations’ in FBI Handling of Terrorism Case in Florida
FBI agent Mike German is assigned to a counterterrorism case involving international militant groups. Apparently a domestic militia group in Tampa, Florida is considering allying with a major, unnamed militant Islamic organization. He becomes concerned that the investigation will fail due to “grave violations of FBI policy and possibly even grave violations of the law.” He complains to the Justice Department’s inspector general, claiming that FBI managers have falsified records, failed to properly handle evidence, falsely discredited witnesses, and failed to adhere to laws and regulations about electronic surveillance. German also sends his complaints directly to FBI Director Robert Mueller. But Mueller does not respond. Some time after German submits his complaints, he is removed from the case. “The phone just stopped ringing, and I became a persona non grata. Because I wouldn’t let this go away, I became the problem.… My entire career has been ruined, all because I thought I was doing the right thing here.” Frustrated with the bureau’s continuing mismanagement, he will retire from the FBI in 2004. [New York Times, 8/2/2004; Government Executive, 1/26/2005] German will later be exonerated in a 2005 Justice Department report investigating his charges (see December 3, 2005).
September-October 2002: DOE Nuclear Safety Specialist Demoted, Fired for Criticizing ‘Inept’ Terrorism Preparations
Department of Energy (DOE) safety specialist Chris Steele, who shut down a hazardous, unsecured nuclear waste dump at the Los Alamos nuclear facility a year earlier (see July 18, 2001), is demoted from his position as the DOE’s chief safety official at Los Alamos after he overrules what he calls inept preparations against terrorist attacks. In October 2002, Steele receives a safety analysis report for a radioactive waste treatment facility at Los Alamos. The report estimates the chances of a “rogue” airliner crashing into the facility as being a million to one, even considering the events of September 11, 2001. It predicts that such a crash, deliberate or not, would cause hundreds of thousands of gallons of nuclear waste to catch fire. However, the report said, the roof sprinkler system would put out the flames. Steele points out that the sprinkler system would be destroyed in the crash: “That must be a magical sprinkler system, since it’s apparently able to rise up from the rubble, turn itself on and put out the flames. We should buy one of those for every nuclear plant in the country.” After Steele rejects the report, he is stripped of his security clearance and fired. He is accused of committing “serious security violations” by the National Nuclear Security Administration. [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
September 10, 2002: Threat Level Raised to Orange for First 9/11 Anniversary
The government raises the National Alert Level to orange, the second highest level possible. This is the first time such an alert has been raised since 9/11. The government temporarily closes for public business about two dozen US diplomatic posts worldwide. Officials say there is no specific known threat against targets in the US. [Washington Post, 9/10/2002] President Bush personally makes the announcement while Vice President Cheney flees to a “secure location.” Attorney General John Ashcroft warns that the threat targets “transportation and energy sectors.” No specific details on the nature or targets of the threat are supplied. The heightened terror alert coincides with the president’s address to the nation from Ellis Island on the first anniversary of 9/11 (see September 11, 2002 and Before). [Rolling Stone, 9/21/2006
]
September 13, 2002: FBI Arrests and Charges Alleged Al-Qaeda Sleeper Cell, the ‘Lackawanna Six’
The FBI arrests six US citizens with a Yemeni background, on information provided by the CIA: Sahim Alwan, Mukhtar al-Bakri, Faysal Galab, Yahya Goba, Shafel Mosed and Yaseinn Taher. Five are arrested in their hometown Lackawanna, a suburb of Buffalo, New York. The sixth, who is connected to the other five, is arrested in Bahrain and then transferred to the US. [CBS News, 11/9/2002] They are hereafter nicknamed “the Lackawanna Six.” They reportedly traveled to Afghanistan in April and May 2001 to join in Islamic jihad and receive military training at the Al Farooq training camp run by al-Qaeda (see April-August 2001). They also allegedly met with Osama bin Laden (see (June 2001)). They are believed to have been encouraged to go to Afghanistan by two American veteran mujaheddin, Juma al-Dosari and Kamal Derwish, who fought in the war in Bosnia and who visited Lackawanna in early 2001. [Washington Post, 7/29/2003] One month later, a federal jury indicts the Lackawanna Six on two counts of providing material support to terrorism. They are charged with supporting terrorism. If found guilty, they could face up to 15 years in prison. All of them plead not guilty. [CBS News, 10/22/2002]
October 2002: FBI Inexplicably Fails to Detain Imam Al-Awlaki Linked to 9/11 Hijackers, Lets Him Leave US
Shortly after 9/11, the FBI begins to suspect that Anwar al-Awlaki, an imam to several of the 9/11 hijackers, may have had some connection to the 9/11 plot. They interview him repeatedly, but cannot find enough evidence to charge him, and he cannot be deported since he is a US citizen. Investigators discover he had been arrested more than once for soliciting prostitutes. They learn he is consorting with prostitutes in Virginia, and contemplate jailing him on an obscure law against transporting prostitutes across state lines. However, this plan collapses when he leaves the US unexpectedly in March 2002. [US News and World Report, 6/13/2004] But on October 10, 2002, he makes a surprise return to the US. His name is on a terrorist watch list and he is detained when his plane lands in New York City. Customs agents notify the FBI, but they are told that his name was taken off the watch list just the day before. He is released after only three hours. It has not been explained why he name was taken off the list. Throughout 2002, al-Awlaki is also the subject of an active Customs investigation into money laundering called Operation Greenquest, but he is not arrested for this either, or for the earlier contemplated prostitution charges. [WorldNetDaily, 8/16/2003] At the time, the FBI is fighting Greenquest, and Customs officials will later accuse the FBI of sabotaging Greenquest investigations (see After March 20, 2002-Early 2003). While in the US, al-Awlaki visits the Fairfax, Virginia, home of Ali al Timimi, the leader of a nearby Islamic center. According to a later court filing, al-Awlaki attempts to get al Timimi to discuss the recruitment of young Muslims for militant causes, but al Timimi does not show interest. Al Timimi will later be sentenced to life in prison in the US for inciting young Muslims to fight in Afghanistan shortly after 9/11. [Washington Post, 2/27/2008] Al-Awlaki then leaves the US again. The FBI will later admit they were “very interested” in al-Awlaki and yet failed to stop him from leaving the country. One FBI source says, “We don’t know how he got out.” [US News and World Report, 6/13/2004] He will allegedly take part in other militant attacks (see September 15, 2006). By 2008, US intelligence will conclude that he is linked to al-Qaeda (see February 27, 2008).
October 2002: Mandatory Terrorist Preparation Plans for US Chemical Plants Blocked by Congressional Republicans
Congressional Republicans thwart an attempt to expand the Environmental Protection Agency (EPA)‘s ability to compel chemical facilities to prepare contingency plans for terrorist attacks (see December 1999 and Late September 2001). The 1990 Clean Air Act (CAA) allows the agency to force plants to plan for potentially calamitous accidents, and environmentalists and national security advocates argue that the CAA could easily be used in regards to having plants prepare for terrorist attacks. However, Republicans in Congress resist the idea. The EPA is unpopular among conservatives—Senator James Inhofe (R-OK) has called the agency a “Gestapo bureaucracy,” and House Majority Leader Tom DeLay (R-TX) has called it “the Gestapo of government”—and, along with industry representatives and lobbyists, the Republicans successfully persuade the EPA not to, in the agency’s words, “push the envelope” in interpreting the CAA. [Roberts, 2008, pp. 93]


