The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]
January 8, 2002: Intensive Search for Bin Laden and Mullah Omar in Afghanistan Comes to a Halt
Military spokesperson Navy Rear Adm. John Stufflebeem says, “We’re going to stop chasing… the shadows of where we thought [bin Laden and Mullah Omar were] and focus more on the entire picture of the country, where these pockets of resistance are, what do the anti-Taliban forces need, so that we can develop a better intelligence picture. The job is not complete and those leaders whom we wish to have from the al-Qaeda and Taliban chain of command, we are casting a wide net—a worldwide net, as well as regional, for where they are.” This announcement comes just two days after reports that Mullah Omar escaped an encirclement near Kandahar and fled into the nearby hills (see January 6, 2002). [Reuters, 1/8/2002]
January 9, 2002: Yoo Memo Says US Not Bound by International Laws in War on Terror
John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror – Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority – Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 
; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns – Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval – White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses – Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government – Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).
January 18, 2002: Pakistani President Says Bin Laden Probably Dead
Pakistani President General Pervez Musharraf says that he thinks Osama bin Laden is most likely dead because he has been unable to get treatment for his kidney disease. “I think now, frankly, he is dead for the reason he is a… kidney patient,” says Musharraf in an interview with CNN. According to Musharraf, Pakistan knows bin Laden took two dialysis machines into Afghanistan, and, “One was specifically for his own personal use.” Musharraf adds: “I don’t know if he has been getting all that treatment in Afghanistan now. And the photographs that have been shown of him on television show him extremely weak.… I would give the first priority that he is dead and the second priority that he is alive somewhere in Afghanistan.” However, some US officials are skeptical of this. One senior Bush administration official says Musharraf reached a “reasonable conclusion,” but warns it is only a guess. “We don’t have remains or evidence of his death. So it is a decent and reasonable conclusion—a good guess but it is a guess,” says the official. He adds that US intelligence indicates bin Laden needs dialysis every three days and, “it is fairly obvious that that could be an issue when you are running from place to place, and facing the idea of needing to generate electricity in a mountain hideout.” However, another US official contradicts the reports of bin Laden’s health problems, saying there is “no evidence” the suspected terrorist mastermind has ever suffered kidney failure or required kidney dialysis. The official calls such suggestions a “recurrent rumor.” [CNN, 1/18/2002]
January 23, 2002: Bin Al-Shibh’s Failed Effort to Get Passport Indicates Al-Qaeda and Ansar Al-Islam Are Not Cooperating
Ramzi bin al-Shibh attempts to obtain a false passport, but fails to do so as he cannot afford one and a group controlled by Abu Musab al-Zarqawi refuses to pay for him. Bin al-Shibh, already known as a key 9/11 plotter at this time, presumably desires the passport so he can make a trip outside Pakistan, where he will be interviewed in April (see April, June, or August 2002). He tries to obtain it from the terrorist organization Ansar al-Islam, which is associated with al-Zarqawi. In a conversation monitored by the police, Ansar operatives discuss using money from fake ID operations to pay for bin al-Shibh, but decide not to do so as, according to the Wall Street Journal, “Mr. Zarqawi… had allocated all the available profits to pay for passports for his own fighters,” and bin al-Shibh “isn’t part of the al Tawhid [another group associated with Ansar and al-Zarqawi] structure, and has no position in the hierarchy.” [Wall Street Journal, 4/14/2004]
January 23, 2002: Reporter Daniel Pearl Is Kidnapped While Investigating the ISI
Wall Street Journal report Daniel Pearl is kidnapped while investigating the ISI’s connection to Islamic militant groups. [Guardian, 1/25/2002; BBC, 7/5/2002] Saeed Sheikh is later convicted as the mastermind of the kidnap, and though it appears he lured Pearl into being kidnapped beginning January 11, the actual kidnapping is perpetrated by others who remain at large. [Vanity Fair, 8/2002; Wall Street Journal, 1/23/2003] The Guardian later suggests that Pearl must have been under ISI surveillance at the time of his kidnapping. “Any western journalist visiting Pakistan is routinely watched and followed. The notion that Daniel Pearl, setting up contacts with extremist groups, was not being carefully monitored by the Secret Services is unbelievable—and nobody in Pakistan believes it.”
[Guardian, 4/5/2002] Both al-Qaeda and the ISI appear to be behind the kidnapping. The overall mastermind behind the kidnapping seems to be Khalid Shaikh Mohammed, also mastermind of the 9/11 attacks. [Time, 1/26/2003; CNN, 1/30/2003]
February 2002: DIA Suggests Prisoner Probably Lying about Al-Qaeda Ties to Iraq; but His Allegations Will Be Used in Bush Speech Later
The Defense Intelligence Agency issues a four-page Defense Intelligence Terrorism Summary (DITSUM No. 044-02) stating that it is probable that prisoner Ibn al-Shaykh al-Libi intentionally misled debriefers when he claimed Iraq was supporting al-Qaeda in working with illicit weapons. During interviews with al-Libi, the DIA noted the Libyan al-Qaeda operative could not name any Iraqis involved, any chemical or biological material used, or where the alleged training took place. “It is possible he does not know any further details; it is more likely this individual is intentionally misleading the debriefers,” the report says. “Ibn al-Shaykh has been undergoing debriefs for several weeks and may be describing scenarios to the debriefers that he knows will retain their interest.” The DIA report is presumably circulated widely within the government, and is available to the CIA, the White House, the Pentagon, the National Security Council, and other agencies.
No Evidence of Connections between Iraq, al-Qaeda – On the general subject of Iraq’s alleged ties to al-Qaeda, the DIA report notes: “Saddam [Hussein]‘s regime is intensely secular and is wary of Islamic revolutionary movements. Moreover, Baghdad is unlikely to provide assistance to a group it cannot control.” The report also questions the reliability of information provided by high-value al-Qaeda detainees being held in secret CIA facilities or who have been “rendered” to foreign countries where they are believed to undergo harsh interrogation tactics.
Using al-Libi’s Information to Bolster Case for War – Information supplied by al-Libi will be the basis for a claim included in an October 2002 speech (see October 7, 2002) by President Bush, in which he states, “[W]e’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and gases.” Intelligence provided by al-Libi will also be included in Colin Powell’s February speech (see February 5, 2003) to the UN. In that speech, Powell will cite “the story of a senior terrorist operative telling how Iraq provided training in these weapons to al-Qaeda.” [New York Times, 11/6/2005; Washington Post, 11/6/2005; Los Angeles Times, 11/7/2005; Newsweek, 11/10/2005]
Report Released as Proof of Administration’s Reliance on Poor Intelligence Sources – Declassified portions of the DIA report will be issued on November 6, 2005 by two senators, Carl Levin (D-MI) and John D. Rockefeller (D-WV). Rockefeller will tell CNN that al-Libi is “an entirely unreliable individual upon whom the White House was placing a substantial intelligence trust.” The situation was, Rockefeller will say, “a classic example of a lack of accountability to the American people.” [Los Angeles Times, 11/7/2005]
February 5, 2002: Saeed Sheikh Secretly Turns Himself In to His ISI Bosses
Pakistani police, with the help of the FBI, determine Saeed Sheikh is behind the kidnapping of Daniel Pearl, but are unable to find him. They round up about ten of his relatives and threaten to harm them unless he turns himself in. Saeed Sheikh does turn himself in, but to Ijaz Shah, his former ISI boss. [Boston Globe, 2/7/2002; Vanity Fair, 8/2002] The ISI holds Saeed for a week, but fails to tell Pakistani police or anyone else that they have him. This “missing week” is the cause of much speculation. The ISI never tells Pakistani police any details about this week. [Newsweek, 3/11/2002] Saeed also later refuses to discuss the week or his connection to the ISI, only saying, “I will not discuss this subject. I do not want my family to be killed.” He adds, “I know people in the government and they know me and my work.” [Newsweek, 3/13/2002; Vanity Fair, 8/2002] It is suggested Saeed is held for this week to make sure that Pearl would be killed. Saeed later says that during this week he got a coded message from the kidnappers that Pearl had been murdered. Also, the time might have been spent working out a deal with the ISI over what Saeed would tell police and the public. [Newsweek, 3/11/2002] Several others with both extensive ISI and al-Qaeda ties wanted for the kidnapping are arrested around this time. [Washington Post, 2/23/2002; London Times, 2/25/2002] One of these men, Khalid Khawaja, “has never hidden his links with Osama bin Laden. At one time he used to fly Osama’s personal plane.” [Pakistan News Service (Newark, CA), 2/11/2002]
February 6, 2002 and After: Western Media Largely Ignores Links between Saeed Sheikh, ISI, and 9/11
Pakistani police publicly name Saeed Sheikh and a Islamic militant group he belongs to, Jaish-e-Mohammed, as those responsible for reporter Daniel Pearl’s murder. [Observer, 2/24/2002] In the next several months, at least 12 Western news articles mention Saeed’s links to al-Qaeda [ABC News, 2/7/2002; Boston Globe, 2/7/2002; Associated Press, 2/24/2002; Los Angeles Times, 3/15/2002] , including his financing of 9/11 [New York Daily News, 2/7/2002; CNN, 2/8/2002; Associated Press, 2/9/2002; Guardian, 2/9/2002; Independent, 2/10/2002; Time, 2/10/2002; New York Post, 2/10/2002; Evening Standard, 2/12/2002; Los Angeles Times, 2/13/2002; New York Post, 2/22/2002; Sunday Herald (Glasgow), 2/24/2002; USA Today, 3/8/2002] , and at least 16 articles mention his links to the ISI. [Cox News Service, 2/21/2002; Observer, 2/24/2002; Daily Telegraph, 2/24/2002; Newsweek, 2/25/2002; New York Times, 2/25/2002; USA Today, 2/25/2002; National Post, 2/26/2002; Boston Globe, 2/28/2002; Newsweek, 3/11/2002; Newsweek, 3/13/2002; Guardian, 4/5/2002; MSNBC, 4/5/2002] However, many other articles fail to mention either link. Only a few articles consider that Saeed could have been connected to both groups at the same time [London Times, 2/25/2002; Pittsburgh Tribune-Review, 3/3/2002; London Times, 4/21/2002] , and apparently, only one of these mentions he could be involved in the ISI, al-Qaeda, and financing 9/11. [London Times, 4/21/2002] By the time Saeed is convicted of Pearl’s murder in July 2002, Saeed’s possible connections to al-Qaeda and/or the ISI are virtually unreported in US newspapers, while many British newspapers are still making one or the other connection.
February 7, 2002: Key Al-Qaeda Safe House in Karachi, Pakistan Is Shut Down
Pakistani forces raid a safe house in Karachi, Pakistan, and arrest 17 suspected al-Qaeda operatives. All 17 will eventually be sent to the US-run Guantanamo prison in Cuba.
Abu Bara al-Taizi – One of them is Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), who attended the al-Qaeda summit in Malaysia in 2000 (see January 5-8, 2000) and was to be a hijacker for an Asian portion of the 9/11 attacks that never materialized. Al-Taizi will be handed to the US on February 27, and then transferred to Guantanamo a few months later.
Abdu Ali Sharqawi – The safe house is run by Abdul Rahim al-Sharqawi, a Yemeni commonly known as Riyadh the Facilitator. He is arrested as well, but he will not be handed to the US and then sent to Guantanamo until September 2004. [US Department of Defense, 7/7/2008; US Department of Defense, 10/25/2008] Another Guantanamo prisoner, Hassan Ali bin Attash, will later say that he and al-Sharqawi were held in a Jordanian prison for over a year. That would explain most of the time between al-Sharqawi’s arrest and his transfer to Guantanamo. [US Department of Defense, 6/25/2008] The New York Times will later identify al-Sharqawi as one of the four most important al-Qaeda leaders captured in the first year after 9/11. [New York Times, 9/10/2002]
Al-Sharqawi’s Al-Qaeda Activity – According to al-Sharqawi’s Guantanamo file, he joined al-Qaeda after fighting in Bosnia in 1995 and was closely linked to many al-Qaeda leaders. For a time, he even took part in weekly planning meetings with Osama bin Laden and others. In the summer of 2001, he began running the safe house in Karachi. His file says that he photo-identifies 11 of the 9/11 hijackers and provides varying amounts of information on each of them. He estimates that he helped over 100 al-Qaeda operatives leave Pakistan in the post-9/11 crackdown before his safe house was shut down. 9/11 mastermind Khalid Shaikh Mohammed and hijacker associate Ramzi bin al-Shibh passed through his safe house in January 2002, a few weeks before the safe house is raided. As of late 2008, al-Sharqawi, al-Taizi, and nine others captured in the raid remain imprisoned in Guantanamo, while six others have been transferred out. [US Department of Defense, 7/7/2008; US Department of Defense, 10/25/2008] Most of the above is based on Guantanamo files leaked to the public in 2011 by the non-profit whistleblower group WikiLeaks. There are many doubts about the reliability of the information in the files (see April 24, 2011).
Neighbor’s Tip Led to Raid – The safe house was discovered because the Pakistani Army asked the public for leads on the movements of suspicious foreigners. Apparently one or more neighbors pointed out the safe house (see Late 2001).
