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 ]
Late August 2001: Moussaoui Case Mentioned to Head of FBI’s International Terrorism Operations Section
Dave Frasca, head of the FBI’s Radical Fundamentalism Unit (RFU), and Michael Rolince, the assistant director in charge of the FBI’s International Terrorism Operations Section (ITOS), have at least two brief conversations about the Zacarias Moussaoui case. Moussaoui, suspected of having ties to Islamic militants, was arrested in mid-August (see August 16, 2001). Though it is not known what Frasca and Rolince talk about, it is possible their discussions concern complaints from the Minneapolis field office about how RFU is handling the case (see August 27, 2001). According to the 9/11 Commission, there is no evidence that this discussion ever reaches Assistant Director for Counterterrorism Dale Watson or Acting FBI Director Thomas Pickard. If this is true, the FBI’s handling of the case is remarkably different than the approach taken in the CIA, where Director George Tenet is briefed repeatedly on the matter (see August 23, 2001). [9/11 Commission, 7/24/2004, pp. 275; Associated Press, 3/21/2006] A warning that Osama bin Laden and Chechen rebel leader Ibn Khattab were planning a joint operation against the US was sent to Rolince earlier in the year (see Before April 13, 2001) and the FBI is aware that Moussaoui had recruited for the Chechen rebels (see August 22, 2001). Rolince will be involved in preparations for Moussaoui’s deportation to France shortly before 9/11 (see (August 30-September 10, 2001)).
August 28, 2001: Edits to Moussaoui Warrant Request ‘Set It Up for Failure’
The FBI’s Minneapolis field office has submitted a memorandum to the Radical Fundamental Unit (RFU) at FBI headquarters for a search warrant under the Foreign Intelligence Surveillance Act (FISA) for Zacarias Moussaoui’s belongings (see August 23-27, 2001). Before it is submitted, RFU agent Mike Maltbie makes several alterations to the memo. In particular, he deletes a key section saying that a CIA officer had described Chechen rebel leader Ibn Khattab, to whom Moussaoui was connected, as an associate of bin Laden. He deletes this even though the FBI was recently warned that bin Laden and Ibn Khattab may be working together on attacks against US interests (see Before April 13, 2001). However, Minneapolis FBI agent Greg Jones objects in a lengthy e-mail that “we are setting this up for failure if we don’t have the foreign power connection firmly established for the initial review.” Jones also complains about other changes made by Maltbie, including: 
Maltbie changes a statement about Moussaoui “preparing himself to fight” to one saying he and an associate “train together in defensive tactics.” Maltbie changes the sentence, “Moussaoui was unable to give a convincing explanation for his paying $8300 for 747-400 training,” to “Moussaoui would give an explanation for his paying $8300 in cash for 747-700 flight simulation training.” Maltbie changes a statement that Moussaoui has no convincing explanation for the large sums of money he had to “Moussaoui would not explain the large sums of money known to have been in his possession.”
Maltbie responds by saying that they will attempt to put something together for the foreign power requirement and by changing some, but not all of the sections Jones complains about. However, Minneapolis is still unhappy and the Justice Department’s Office of Inspector General will state that after Jones’ complaints are taken into consideration the memo is only “slightly less persuasive.” The key section about Chechnya is not reinstated, but Moussaoui’s links to Chechnya are discussed at the relevant meeting with an attorney about the request (see August 28, 2001). [US Department of Justice, 11/2004, pp. 161-4, 209-211 ]
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: Attorney Kills Moussaoui Warrant Request
Mike Maltbie and Rita Flack of the Radical Fundamentalist Unit (RFU) forward a request for a warrant to search Zacarias Moussaoui’s belongings (see August 21, 2001) to National Security Law Unit chief Spike Bowman. The request was submitted by the Minneapolis field office (see August 22-28, 2001), which has been trying to obtain a warrant for some time. Earlier in the day, Maltbie edited the request, removing information connecting Moussaoui to al-Qaeda through a rebel group in Chechnya (see August 28, 2001). RFU chief Dave Frasca was to attend the meeting, but is called away at the last minute. According to Bowman, who is already very familiar with the facts in this case, Maltbie is adamant that there is not enough evidence to issue the warrant. Bowman agrees, saying that the evidence fails to implicate Moussaoui as an agent of a foreign power. The FBI thus abandons the effort to obtain a FISA warrant and begins planning his deportation (see (August 30-September 10, 2001)). [US Department of Justice, 11/2004, pp. 164-6, 168 ; US Department of Justice, 3/1/2006 ]
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 Headquarters Not Concerned about Imam’s Reference to Moussaoui and Jihad
The Radical Fundamentalist Unit (RFU) at FBI headquarters learns of a translated conversation (see August 17, 2001) between Zacarias Moussaoui’s roommate, Hussein al-Attas, and an imam from a mosque in Norman, Oklahoma, in which the imam had said, “I heard you guys wanted to go on jihad.” On this day, the FBI also learns about al-Attas’s will, which states that “death is near” and that “those who participate in jihad can expect to see God.” After receiving the information, RFU chief Dave Frasca replies in an e-mail, “The will is interesting. The jihad comment doesn’t concern me by itself in that this word can mean many things in various [M]uslim cultures and is frequently taken out of context.” However, a top Justice Department attorney who submits applications for warrants under the Foreign Intelligence Surveillance Act (FISA), will later say that “he would have tied bells and whistles” to the jihad comment in a FISA application. A later investigation by the Justice Department’s Office of Inspector General will conclude that the comment was “significant” and “should have been given greater weight in considering whether there was probable cause to believe Moussaoui was connected to a terrorist group.” [US Department of Justice, 11/2004, pp. 134, 167-8, 201 ; US Department of Justice, 3/1/2006 ]
