According to author Ron Suskind, on this date bin Laden makes a broadcast on his shortwave radio from somewhere within Tora Bora, Afghanistan. He praises his “most loyal fighters” still fighting in Tora Bora and says “forgive me” for drawing them into a defeat. He says the battle will continue “on new fronts.” Then he leads a prayer and leaves Tora Bora. Suskind says, “With a small band, he escaped on horseback toward the north. The group, according to internal CIA reports, took a northerly route to the province of Nangarhar—past the Khyber Pass, and the city of Jalalabad—and into the province of Konar. That day and the next, much of the remaining al-Qaeda force of about 800 soldiers moved to the south toward Pakistan.” [Suskind, 2006, pp. 74-75 Sources: Ron Suskind] A radio had been captured by US allied forces some days earlier, allowing the US to listen in to bin Laden’s communications (see Late October-Early December 2001). In another account, a professional guide and former Taliban official later claims to have led bin Laden and a group of about 30 at this time on a four day trip into Pakistan and then back into a different part of Afghanistan. [Newsweek, 8/11/2002] Still other accounts have bin Laden heading south into Pakistan at this time instead (see Mid-December 2001). An article in the British Daily Telegraph entitled “Bin Laden’s voice heard on radio in Tora Bora” will appear the very next day, detailing some of these communications. [Daily Telegraph, 12/16/2001]
December 2001-Early January 2002: ISI Said to Help Bin Laden and Taliban Escape and Resettle in Pakistan
Yunus Qanooni, the interior minister of Afghanistan’s new government, accuses elements of Pakistan’s ISI of helping bin Laden and Mullah Omar escape from Afghanistan to Pakistan. He further asserts that the ISI are still “probably protecting” both bin Laden and Mullah Omar and “concealing their movements and sheltering leaders of Taliban and al-Qaeda.” [BBC, 12/30/2001; New York Times, 2/13/2002] In addition, New Yorker magazine will report in early 2002, “Some CIA analysts believe that bin Laden eluded American capture inside Afghanistan with help from elements of the [ISI].” [New Yorker, 1/21/2002] Another report suggests that Hamid Gul, former director of the ISI, is behind moves to help the Taliban establish a base in remote parts of Pakistan just across the Afghanistan border. Gul was head of the ISI from 1987 to 1989, but has remained close to Afghan groups in subsequent years and has been nicknamed the “godfather of the Taliban.” One report will later suggest that he was one of the masterminds of the 9/11 plot (see July 22, 2004). The US is said to be interested in interrogating Gul, but “because of his high profile and the ripples it would cause in the Pakistan army, this is unlikely to happen…” Yet, at the same time that the ISI is reportedly helping al-Qaeda and the Taliban escape, the Pakistan army is deployed to the Afghanistan border in large numbers to prevent them from escaping. [Asia Times, 12/13/2001] In November 2001, it was reported that the US was continuing to rely on the ISI for intelligence about Afghanistan, a move none other than Gul publicly derided as “foolish.”(see November 3, 2001).
Mid-December 2001: Videotape Shows Bin Laden Heading into Pakistan
A videotape obtained by the CIA shows bin Laden at the end of the Tora Bora battle. He is walking on a trail either in Afghanistan and heading toward Pakistan, or already in Pakistan. Bin Laden is seen instructing his party how to dig holes in the ground to lie undetected at night. A US bomb explodes in the distance. Referring to where the bomb was dropped, he says, “We were there last night.” The existence of this videotape will not be reported until late 2006. [Washington Post, 9/10/2006] In September 2005, the New York Times will report that, “On or about Dec. 16, 2001, according to American intelligence estimates, bin Laden left Tora Bora for the last time, accompanied by bodyguards and aides.… Bin Laden and his men are believed to have journeyed on horseback directly south toward Pakistan.” [New York Times Magazine, 9/11/2005] Other accounts have him heading north into other parts of Afghanistan around this time instead (see December 15, 2001).
Shortly After December 19, 2001: CIA Station Chief Protests against FBI Interview of Al-Libi
CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).
Late December 2001: US Decides to Accept Iran’s Help against Al-Qaeda but Offer Nothing in Return
In late November 2001, State Department officials write a paper suggesting that the US has an opportunity to work with Iran to fight al-Qaeda. The CIA seconds the idea, and is willing to exchange information and coordinate border sweeps with Iran. However, neoconservatives led by Vice President Dick Cheney and Defense Secretary Donald Rumsfeld argue that the US cannot engage with Iran and other officially declared state sponsors of terrorism. In late December 2001, at a meeting of deputy cabinet officials, it is decided that the US will accept tactical information about terrorists from countries on the state sponsors list but offer nothing in return. This policy is called the “Hadley Rules” after Deputy National Security Adviser Stephen Hadley, who chairs the meeting. One month later, President Bush publicly lists Iran as part of an “Axis of Evil,” greatly reducing Iran’s cooperation regarding al-Qaeda. [Washington Post, 10/22/2004] However, the policy appears to be largely focused on Iran, as the US continues working with countries on the state sponsors list like Sudan and Syria against al-Qaeda (see June 13, 2002 and Early 2002-January 2003).
2002: Blackwater Wins Contract for CIA Security in Afghanistan
At some time in 2002, the the private military corporation Blackwater wins a classified contract to provide security for the CIA station in Kabul, Afghanistan. The circumstances and details of the contract are unknown, although this is only one of several contracts Blackwater and the CIA conclude after 9/11 (see, for example 2002 and 2004). [New York Times, 8/20/2009]
2002: Cheney Tells CIA Not to Brief Assassination and Capture Program to Congress
Vice President Dick Cheney tells the CIA not to brief Congress about an agency program to kill and capture al-Qaeda leaders (see Shortly After September 17, 2001). Two reasons will be given for withholding the information. One is that the program never becomes operational. [New York Times, 7/12/2009; New York Times, 7/14/2009; Washington Post, 8/20/2009; New York Times, 8/20/2009] The other is that the agency already has legal authority to kill al-Qaeda leaders (see September 17, 2001). [New York Times, 8/20/2009] According to the New York Times, Cheney’s instruction to keep the program secret suggests “that the Bush administration had put a high priority on the program and its secrecy.” [New York Times, 7/12/2009] The fact that the program is never briefed to Congress until it is cancelled in 2009 (see June 24, 2009) will cause controversy after it becomes public knowledge, and the House Intelligence Committee will investigate whether it was a breach of the law (see Before August 20, 2009). The law is apparently unclear on whether this program should be briefed, as it requires the president to make sure the House and Senate intelligence committees “are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity.” However, such briefings should be done “to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters.” House Intelligence Committee member Peter Hoekstra (R-MI) will later say that Congress would have approved of the program only in what the New York Times calls “the angry and panicky days after 9/11, on 9/12,” but not later, after fears and tempers had begun to cool. [New York Times, 7/12/2009]
2002: CIA Decides Ibrahim Saeed Ahmed Fits Profile of Ideal Courier for Bin Laden
In an attempt to find Osama bin Laden’s whereabouts, CIA intelligence analysts construct a composite profile of what an ideal courier for bin Laden would look like. Then they match this with what they know about bin Laden’s couriers. One US official will later say, “It was like doing the profile of a serial killer.” One courier, whose apparent real name is Ibrahim Saeed Ahmed, fits the profile very closely. However, at this time, US intelligence only knows him by his alias, Abu Ahmed al-Kuwaiti (see Early 2002). 
He is a Pakistani Pashtun, and speaks Pashto. Most Taliban leaders are Pashtun and speak Pashto. He speaks fluent Arabic, since he grew up in the Persian Gulf. This enables him to speak to bin Laden supporters from many countries in the Muslim world. He is a trusted aide of al-Qaeda leaders Khalid Shaikh Mohammed and Abu Faraj al-Libbi. He had been a part of al-Qaeda for many years prior to 9/11. He is adept at the use of computers. He is fiercely loyal to bin Laden. For instance, according to multiple prisoners at Guantanamo, he was last seen next to bin Laden when bin Laden fled the Tora Bora mountains in December 2001.
An unnamed US official will later say that Ahmed emerged as the most ideal courier for bin Laden, and thus, the best way to get to bin Laden. “He fit all the needs. He was high on the short list,” the official will say. As a result, the search for Ahmed is intensified. More prisoners in US custody are asked what they know about him. [MSNBC, 5/4/2011]
2002-2004: CIA Builds Network of ‘Black Stations’
The CIA begins to build “black stations” around the world.
Size of Network – There are around 12 such stations, which are based in front companies. About half of them are located in Europe, including one in Portugal, partly because of the comfortable living conditions and ease of travel. The program costs hundreds of millions of dollars as the stations have to rent office space, hire staff to answer phones, and pay for cars and other props, as well as creating fictitious client lists and resumes that can withstand sustained scrutiny. The black stations differ from normal CIA stations, which are based at US embassies and staffed with officers posing as officials of other US agencies, because their staff pose as employees of investment banks, consulting firms, or other fictitious enterprises with no apparent ties to the US government. Whereas the CIA had previously used one- or two-person consulting firms as vehicles for nonofficial cover, the new black stations are companies employing six to nine officers, plus support staff. Due to the size of the stations, they not only have experienced officers, but also relatively inexperienced ones, who are rotated in and out in much the same way they would be in standard embassy assignments.
Reasoning behind Stations – One reason for setting up the network is that embassy-based stations are not as useful against the CIA’s new adversaries as they were against the KGB and its proxies, which were also based in embassies. As a government official will later comment, “Terrorists and weapons proliferators aren’t going to be on the diplomatic cocktail circuit.” In addition, the Bush administration orders the CIA to expand its overseas operation by 50 percent, Congress pressures it to alter its approach to designing cover, and it gets extra funding for the nonofficial cover program—the black stations are a way of dealing with all these three aspects. Further, the CIA has a lot of recruits after 9/11, but no open overseas positions to put them in. Some of the new hires are discouraged by this and leave, and the agency hopes the black stations will encourage people to stay.
Method of Use – The plan is to use the stations solely as bases. Officers are forbidden from conducting operations in the country where their company is located. Instead, they are expected to adopt second and sometimes third aliases before traveling to their targets. The companies then remain intact to serve as vessels for the next crop of officers, who will have different targets. Therefore, if an operation goes wrong, the locals will only identify a single agent, but will not be able to trace him back to a black station because he is using a second alias. For example, the officers at the black station in Portugal are to travel to North Africa for missions.
Later Curtailed – The program will be significantly curtailed some years later (see Between Late 2005 and February 2008). [Los Angeles Times, 2/17/2008]
2002-2006: Bush Administration Creates ‘Potemkin Village’ Facade to Hide Covert Operations with Few Limits or Rules
In late 2001 or early 2002, Defense Secretary Donald Rumsfeld creates Operation Copper Green, which is a “special access program” with “blanket advance approval to kill or capture and, if possible, interrogate ‘high value’ targets.” especially al-Qaeda leaders (see Late 2001-Early 2002). According to a Pentagon counterterrorism consultant involved in the operation, the authorizations are “very calibrated” and vague in order to minimize political risk. “The CIA never got the exact language it wanted.” According to a high-level CIA official involved in the operation, the White House would hint to the CIA that the CIA should operate outside official guidelines to do what it wants to do. The CIA will later deny this, but CIA Director George Tenet will later acknowledge that there had been a struggle “to get clear guidance” in terms of how far to go during detainee interrogations. Slowly, official authorizations are expanded, and according to journalist Seymour Hersh, they turn “several nations in North Africa, the Middle East, and Asia into free-fire zones with regard to high-value targets.” But Copper Green has top-level secrecy and runs outside normal bureaucracies and rules. According to Hersh, “In special cases, the task forces could bypass the chain of command and deal directly with Rumsfeld’s office.” One CIA officer tells Hersh that the task-force teams “had full authority to whack—to go in and conduct ‘executive action,’” meaning political assassination. The officer adds, “It was surrealistic what these guys were doing. They were running around the world without clearing their operations with the ambassador or the chief of station.” [New Yorker, 6/17/2007] Another former intelligence official tells Hersh, “The rules are ‘Grab whom you must. Do what you want.’” [Guardian, 9/13/2004] The above-mentioned high-level CIA official will claim, “The dirt and secrets are in the back channel. All this open business—sitting in staff meetings, etc…, etc…—is the Potemkin Village stuff.” Over time, people with reservations about the program get weeded out. The official claims that by 2006, “the good guys… are gone.” [New Yorker, 6/17/2007]
