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 
]
August 23, 2001: FBI Headquarters Gives New York Field Office Heads Up Over 9/11 Hijacker Almihdhar, but Investigation Is Not Considered Urgent
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 ]
Shortly After August 23, 2001: Top FBI Official Possibly Notified of Search for 9/11 Hijacker Almihdhar
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]
August 27-28, 2001: NSA Approves Passage of Key Information about 9/11 Hijacker Almihdhar toColeInvestigators, but FBI Headquarters Continues to Withhold It
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 ]
August 28, 2001: FBI Supervisor Says Search for 9/11 Hijacker Almihdhar Should Be Criminal, Not Intelligence Investigation
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]
August 28, 2001: FBI Headquarters Asks New York Office to Open Intelligence Investigation into 9/11 Hijacker Almihdhar
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 ]
August 28, 2001: USSColeInvestigator Receives Almihdhar Memo, FBI Headquarters Forces Him to Delete It
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]
August 28, 2001:ColeAgent Argues with FBI Headquarters over Search for 9/11 Hijacker Almihdhar
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 ]
August 28-29, 2001: FBI Headquarters Allegedly Misrepresents Attorney’s Advice, Ensuring Search for 9/11 Hijacker Almihdhar Is Intelligence Investigation
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).
August 29, 2001: FBI Does Not Fully Realize 9/11 Hijacker Almihdhar Entered US Illegally
Although the FBI is aware that 9/11 hijacker Khalid Almihdhar lied in an application for a visa on which he entered the US the previous month (see July 4, 2001), it does not fully realize that this means his entry into the US was illegal. If the FBI realized this, it would be able to open a criminal investigation to locate Almihdhar, instead of an intelligence investigation. The New York office, which conducts the search for him, would have preferred a criminal investigation, as more agents could have worked on it, possibly allowing the office to locate Almihdhar before and stop 9/11. The Justice Department’s Office of Inspector General will remark after 9/11: “Thus, there was a clear basis to charge Almihdhar criminally with false statements or visa fraud. Significantly, this information had been provided to the FBI without the restrictive caveats placed on NSA reports and other intelligence information. As a result, if Almihdhar had been found, he could have been arrested and charged with a criminal violation based on the false statements on his visa application. However, the FBI did not seem to notice this when deciding whether to use criminal or intelligence resources to locate Almihdhar.” Almihdhar’s passport also lacks an expiry date and he is a terrorist posing as a tourist (see July 4, 2001). [US Department of Justice, 11/2004, pp. 351 ]
