The case of Mohamed el-Atriss, who was arrested for selling false ID cards to two of the 9/11 hijackers (see (July-August 2001)) and was an associate of an unindicted co-conspirator in the ‘Landmarks’ bomb plot trial (see Before September 11, 2001), becomes controversial when secret evidence is used against him at a series of hearings. The evidence is presented without el-Atriss or his attorney being present and such secrecy is said to be unusual even after 9/11. Based on the secret evidence, el-Atriss’ bond is set at $500,000, which the Washington Post calls “an amount consistent with a charge of capital murder—even though most of the charges against him [are] misdemeanors.” The secret evidence rule is invoked for national security reasons based on a request by the sheriff’s office, while el-Atriss is being held in prison for six months. However, the FBI, which has a relationship with el-Atriss (see September 13, 2001-Mid 2002) and does not back the use of the secret evidence, insists that el-Atriss is not connected to terrorism. An appeals judge rules that the secret evidence cannot be used on the say-so of local officials. According to the judge, the secret information is inaccurate and could have been rebutted by el-Atriss if he had seen it. Transcripts of the secret hearings are later released to the media [Washington Post, 2/5/2003; Washington Post, 6/25/2003] In January 2003 el-Atriss pleads guilty to a charge of selling false identification documents to two hijackers, Khalid Almihdhar and Abdulaziz Alomari, and is sentenced to five years’ probation, with credit for the six months in jail he has already served, and a $15,000 fine. Although he admits selling the cards not just to the two hijackers, but also to hundreds of illegal immigrants, the other 26 charges against him are dropped by prosecutors. [Washington Post, 2/5/2003; Newark Star-Ledger, 10/20/2003]
November 25, 2002: Bush Creates Department of Homeland Security
President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. [New York Times, 11/26/2002; Los Angeles Times, 11/26/2002] However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. [New York Times, 11/20/2002] The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” [New York Times, 11/20/2002; Los Angeles Times, 11/26/2002] Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” [New York Times, 11/26/2002] The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. [Savage, 2007, pp. 110]
Late 2002: Bush Administration Secures Stringent Legislation to Secure Cargo Shipping; Fails to Fund It
The Bush administration successfully convinces the UN International Maritime Organization to pass a new law of the sea requiring ships around the world to install communications equipment, security personnel, computers, and surveillance cameras, all to thwart possible terrorist attacks that could be launched with equipment shipped to the US via cargo ships. Unfortunately, the administration allocates no funds to implement any of the new standards; most foreign ports in developing nations cannot afford the upgrades, but neither can many US ports. The cost to US ports is estimated at $7 billion, a figure 152 times the amount the administration will allocate for port security in 2005. Terrorism experts will estimate in September 2003 that al-Qaeda may have ties to as many as 300 vessels, from small fishing trawlers to full-sized freighters. [Carter, 2004, pp. 16]
December 11, 2002: Only Six Detained on Immigration Charges Still in Custody
The vast majority of the more than 900 people the federal government acknowledges detaining after the 9/11 attacks have been deported, released or convicted of minor crimes unrelated to terrorism. The Justice Department announces that of the 765 people detained on immigration charges after 9/11, only six are still in US custody (see November 5, 2001; July 3, 2002). Almost 500 of them were released to their home countries; the remainder are still in the US. 134 others were arrested on criminal charges and 99 were convicted. Another group of more than 300 were taken into custody by state and local law enforcement and so statistics are unknown about them. Additionally, more were arrested on material witness warrants, but the government won’t say how many. The Washington Post has determined there are at least 44 in this category (see November 24, 2002). [Washington Post, 12/12/2002; Associated Press, 12/12/2002] Newsweek reports that of the “more than 800 people” rounded up since 9/11, “only 10 have been linked in any way to the hijackings” and “probably will turn out to be innocent.”
[Newsweek, 10/29/2001] The names of all those secretly arrested still have not been released (see August 2, 2002). None in any of the categories have been charged with any terrorist acts.
Late 2002: FBI Hinders Customs Investigation into Bin Laden Associate in Texas
Joe Webber, running the Houston office of the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement, starts investigating a man believed to be raising money for Islamic militants. The suspect is in direct contact with people who are known to be associated with Osama bin Laden. Webber has good cooperation with the local FBI office, federal prosecutors in Houston, and Justice Department officials in Washington. However, he claims that FBI headquarters officials tell him point blank that he will not be allowed to conduct his investigation. After many months of delays from the FBI, friends from within the bureau tell him that headquarters will not allow the investigation to proceed because it is being run by Customs and not by the FBI. Webber is so upset that he eventually becomes a whistleblower. Sen. Charles Grassley and other politicians support his case and say there are other instances where the FBI impedes investigations because of turf battles. Asked if the FBI would put a turf battle above national security, Webber says, “That’s absolutely my impression. You would think, in a post-9/11 environment, that an event like that wouldn’t occur. But it did.” [MSNBC, 6/3/2005]
Early 2003: Justice Department Prevents Detroit Prosecutors from Charging Al-Marabh and Hinders Case against Al-Marabh Associates
US prosecutors in Detroit are trying four men accused of an al-Qaeda plot. The men, Abdel-Ilah Elmardoudi, Karim Koubriti, Ahmed Hannan, and Farouk Ali-Haimoud, were arrested shortly after 9/11. They had been living in a Detroit apartment previously occupied by Nabil al-Marabh (see September 17, 2001). Yousef Hmimssa, a Moroccan national, had lived in the Detroit apartment with al-Marabh. When the FBI raided the apartment, they found fake immigration papers linking Hmimssa and al-Marabh, along with attack plans. [ABC News 7 (Chicago), 1/31/2002] Hmimssa will later be the key witness in the trial against the four arrested Detroit men (see June 2003-August 2004). The FBI later identify three other witnesses—a landlord, a Jordanian informant, and a prison inmate—who linked the four arrested men to al-Marabh (see December 2002). The Detroit prosecutors want to charge al-Marabh as a fifth defendant. However, Deputy Assistant Attorney General David Nahmias prevents them from doing so. He says, “My understanding is that the only connection between al-Marabh and your case was an apparent misidentification by a landlord.” Additionally, memos written by Detroit prosecutors during the trial will later show that they believed the Justice Department was preventing them from introducing some of their most dramatic evidence in the trial. Lead Detroit prosecutor Richard Convertino will later say: “There was a series of evidence, pieces of evidence, that we wanted to get into our trial that we were unable to do. Things that would have strengthened the case immeasurably, and made the case much stronger, exponentially.” For instance, the FBI had learned before the trial that al-Qaeda leader Ibn al-Shaykh al-Libi told US interrogators after his capture that bin Laden had authorized an attack on the US air base in Incirlik, Turkey. The FBI also found sketches in the Detroit apartment of what they believed was the same base. The prosecutors wanted to link this evidence to testimony by the al-Libi, but he was handed over to Egypt to be tortured and prosecutors were not able to interview him or use him as a witness (see January 2002 and After). Turkish authorities will later claim that their own evidence indicates bin Laden did authorize an attack on the base at one point. Detroit prosecutors also later complain that the lone Justice Department lawyer sent to help with the case had no intention of helping with the trial, and spent most of his time in Detroit staying in his hotel room or playing basketball. [Associated Press, 8/9/2004] In 2002, Chicago prosecutor Patrick Fitzgerald is also prohibited from charging al-Marabh with any crime (see January-2002-December 2002).
January 2003: Study: Bush Vetoed Spending for Measures Critical for National Security
A Brookings Institution study concludes that in his first two years in office, “[President] Bush vetoed several specific (and relatively cost-effective) measures proposed by Congress that would have addressed critical national vulnerabilities. As a result, the country remains more vulnerable than it should be today.” [Carter, 2004, pp. 14]
Early 2003: Hillary Clinton Study Finds Anti-Terrorism Funds Doled Out Politically
Senator Hillary Clinton (D-NY) conducts a survey of the cities and towns in New York State. Of those polled, 70 percent have not received any money at all from the federal government for their emergency crews and first responders—the nation’s front line of defense against terrorist attacks (see Early 2004). New York City police officials asked for $900 million in preparedness funds, and received $84 million—less than a tenth of what was requested. When the preparedness funds are studied on a per capita basis, the disparities are striking, and suspect. New York City, bastion of liberal Democrats (and the target of two of the four 9/11 hijacked jetliners) received $5.87 per person in funds—49th out of 50 major US cities. The city receiving the highest payout is New Haven, Connecticut ($77.82 per person), home of Yale University and the alma mater of three generations of Bushes. Key cities in Florida, where Jeb Bush is governor, also do well, with Miami receiving $52.82 per person, Orlando receiving $47.14, and Tampa receiving $30.57 per person. A harbor on Martha’s Vineyard, where many Republican and Democratic lawmakers vacation, received almost a million dollars in security funding; the harbormaster said, “Quite honestly, I don’t know what we’re going to do [with it], but you don’t turn down grant money.” [Carter, 2004, pp. 21]
2003 and After: Corporate CEOs Balk at Providing Customer Information to Three US Intelligence Agencies
Chief executive officers of telecommunications companies and financial institutions express reluctance to provide data about their customers to three government agencies, the CIA, FBI, and Department of Homeland Security. The CEOs have been providing telephone, Internet and financial records to the CIA and, through it, the NSA to support “black” intelligence operations for some time (see After July 11, 1997), but after 9/11 the FBI asks for the same information that the CIA is getting. Then, after it is established in late 2002, the Department of Homeland Security also wants the same information. The CEOs begin saying, “Look, we’ll do this once but not three times,” and prefer to give the information to the FBI, which has formal subpoenas. The dispute grows so serious that White House homeland security adviser Frances Townsend has to mediate and summons FBI Director Robert Mueller and acting CIA Director John McLauglin to the White House to hammer the issue out. After a series of meetings, they agree to each appoint a senior official to coordinate, ensuring companies are not bombarded with multiple requests. [Woodward, 2006, pp. 324-5]
February 2003: Neoconservative Author Defends Claims of 9/11-Iraq Connection to Skeptical Journalist
Authors Laurie Mylroie and Peter Bergen appear on a Canadian news broadcast to discuss the impending war with Iraq, and Iraq’s supposed connections to 9/11. Mylroie has long argued that Saddam Hussein was behind every terrorist attack on the US (see 1990) from the 1993 World Trade Center bombings (see October 2000) to 9/11 (see September 12, 2001); Bergen, like many in the journalistic and intelligence communities, believes Mylroie is a “crackpot” (see December 2003). According to Bergen, Mylroie opens the interview by “lecturing in a hectoring tone: ‘Listen, we’re going to war because President Bush believes Saddam Hussein was involved in 9/11. Al-Qaeda is a front for Iraqi intelligence… [the US] bureaucracy made a tremendous blunder that refused to acknowledge these links… the people responsible for gathering this information, say in the CIA, are also the same people who contributed to the blunder on 9/11 and the deaths of 3,000 Americans, and so whenever this information emerges they move to discredit it.’” Bergen counters by noting that her theories defy all intelligence and “common sense, as they [imply] a conspiracy by literally thousands of American officials to suppress the truth of the links between Iraq and 9/11.” Mylroie does not like this. Bergen will later write that by “the end of the interview, Mylroie, who exudes a slightly frazzled, batty air, started getting visibly agitated, her finger jabbing at the camera and her voice rising to a yell as she outlined the following apocalyptic scenario: ‘Now I’m going to tell you something, OK, and I want all Canada to understand, I want you to understand the consequences of the cynicism of people like Peter. There is a very acute chance as we go to war that Saddam will use biological agents as revenge against Americans, that there will be anthrax in the United States and there will be smallpox in the United States. Are you in Canada prepared for Americans who have smallpox and do not know it crossing the border and bringing that into Canada?’” Bergen calls Mylroie’s outburst typical of her “hysterical hyperbole” and “emblematic of Mylroie’s method, which is to never let the facts get in the way of her monomaniacal certainties.” [Washington Monthly, 12/2003]
