FBI agent Jack Cloonan is given the task of building a file on double agent Ali Mohamed. Mohamed is living openly in California and has already confessed to working for al-Qaeda (see May 1993). He has been monitored since 1993 (see Autumn 1993). [Lance, 2006, pp. 138] Cloonan is part of Squad I-49, a task force made up of prosecutors and investigators that begins focusing on bin Laden in January 1996 (see January 1996). Mohamed has been an informant for FBI agents on the West Coast of the US (see 1992 and June 16, 1993), though when he stops working with them exactly remains unknown. Cloonan and other US officials will have dinner with Mohamed in October 1997 (see October 1997), but Mohamed will not be arrested until after the 1998 African embassy bombings (see September 10, 1998).
January 1996: Squad Uniting Prosecutors and FBI Agents Begins Focusing on Bin Laden
The Justice Department directs an existing unit called Squad I-49 to begin building a legal case against bin Laden. This unit is unusual because it combines prosecutors from the Southern District of New York, who have been working on bin Laden related cases, with the FBI’s New York office, which was the FBI branch office that dealt the most with bin Laden -related intelligence. Patrick Fitzgerald effectively directs I-49 as the lead prosecutor. FBI agent Dan Coleman becomes a key member while simultaneously representing the FBI at Alec Station, the CIA’s new bin Laden unit (February 1996) where he has access to the CIA’s vast informational database. [Lance, 2006, pp. 218-219] The other initial members of I-49 are: Louis Napoli, John Anticev, Mike Anticev, Richard Karniewicz, Jack Cloonan, Carl Summerlin, Kevin Cruise, Mary Deborah Doran, and supervisor Tom Lang. All are FBI agents except for Napoli and Summerlin, a New York police detective and a New York state trooper, respectively. The unit will end up working closely with FBI agent John O’Neill, who heads the New York FBI office. Unlike the CIA’s Alec Station, which is focused solely on bin Laden, I-49 has to work on other Middle East -related issues. For much of the next year or so, most members will work on the July 1996 crash of TWA Flight 800, because it crashed near New York and is suspected to have been carried out by Middle Eastern militants (July 17, 1996-September 1996). However, in years to come, I-49 will grow considerably and focus more on bin Laden. [Wright, 2006, pp. 240-241] After 9/11, the “wall” between intelligence collection and criminal prosecution will often be cited for the failure to stop the 9/11 attacks. But as author Peter Lance will later note, “Little more than ten months after the issuance of Jamie Gorelick’s ‘wall memo,’ Fitzgerald and company were apparently disregarding her mandate that criminal investigation should be segregated from intelligence threat prevention. Squad I-49… was actively working both jobs.” Thanks to Coleman’s involvement in both I-49 and the CIA’s Alec Station, I-49 effectively avoids the so-called “wall” problem. [Lance, 2006, pp. 220]
Between 1996 and September 11, 2001: FBI Directly Monitors Militants in Afganistan with Hi-Tech Phone Booth
I-49, a squad of FBI agents and Justice Department prosecutors that began focusing on bin Laden in 1996 (see January 1996), is upset that the NSA is not sharing with them data it has obtained through the monitoring of al-Qaeda. To get around this, the squad builds a satellite telephone booth in Kandahar, Afghanistan, for international calls. The FBI squad not only monitors the calls, but also videotapes the callers with a camera hidden in the booth. [Wright, 2006, pp. 344] It has not been revealed when this booth was built or what information was gained from it. However, the New York Times will later paraphrase an Australian official, who says that in early September 2001, “Just about everyone in Kandahar and the al-Qaeda camps knew that something big was coming, he said. ‘There was a buzz.’” Furthermore, also in early September 2001, the CIA monitors many phone calls in Kandahar and nearby areas where al-Qaeda operatives allude to the upcoming 9/11 attack (see Early September 2001).
Between 1996 and August 1998: FBI Squad Threatens to Build Antenna Because NSA Won’t Share Monitoring of Bin Laden’s Phone Calls
I-49, a squad of FBI agents and Justice Department prosecutors that began focusing on bin Laden in 1996 (see January 1996), is upset that the NSA is not sharing its monitoring of bin Laden’s satellite phone with other agencies (see December 1996). The squad develops a plan to build their own antennas near Afghanistan to capture the satellite signal themselves. As a result, the NSA gives up transcripts from 114 phone calls to prevent the antennas from being built, but refuses to give up any more. Presumably, this must have happened at some point before bin Laden stopped regularly using his satellite phone around August 1998 (see December 1996). [Wright, 2006, pp. 344] Also presumably, some of these transcripts will then be used in the embassy bombings trial that takes place in early 2001 (see February-July 2001), because details from bin Laden’s satellite calls were frequently used as evidence and some prosecutors in that trial were members of I-49. [CNN, 4/16/2001]
August 29, 1997: Attorney’s Office Wins Partial Exception from ‘Wall’ Procedures
Mary Jo White, US Attorney for the Southern District of New York, which handles a lot of terrorism investigations, complains about the “wall” procedures regulating the passage of intelligence information to US attorneys and criminal agents at the FBI. The rules were recently formalized (see July 19, 1995), but she says that the 1995 procedures are building “unnecessary and counterproductive walls that inhibit rather than promote our ultimate objectives [and that] we must face the reality that the way we are proceeding now is inherently and in actuality very dangerous.” Following her complaints, an exception is created for the Southern District of New York Attorneys’ Office. The office works with the FBI’s I-49 squad, which handles international terrorism matters (see January 1996 and Late 1998-Early 2002). The FBI can now notify this office of evidence of a crime directly, without consulting the Justice Department. Once this is done, the office would then contact two units in the Justice Department, the Criminal Division and the Office of Intelligence Policy and Review. [US Department of Justice, 11/2004, pp. 29 ]
October 1997: Ali Mohamed Details His Extensive Al-Qaeda Ties to US Officials But Still Is Not Arrested
US prosecutor Patrick Fitzgerald and FBI agents Jack Cloonan and Harlan Bell, all members of the I-49 squad, take Ali Mohamed out for dinner at a restaurant in Sacramento, California (he has recently moved there from Santa Clara, California). Fitzgerald pays for Mohamed’s meal. Cloonan will later recall, “The purpose in us going to meet Ali at that point in time is that we wanted to gain his cooperation. We knew of his long history having been connected to al-Qaeda, and what we desperately wanted was to convince Ali Mohamed to cooperate with us that night.” During the several-hour-long meeting, Mohamed says the following: He “loved” bin Laden and “believes in him.” [San Francisco Chronicle, 11/4/2001; Lance, 2006, pp. 274-276]
He organized bin Laden’s move from Afghanistan to Sudan in 1991 (see Summer 1991).
He was in Somalia training militants to fight US soldiers in 1993. He claims “bin Laden’s people were responsible” for the killing of 18 US soldiers there (see 1993).
He trained bin Laden’s personal bodyguards in 1994 and he lived in bin Laden’s house while doing so (see Shortly After February 1994). [Lance, 2006, pp. 274-276]
He says he trained people in “war zones, and… war zones can be anywhere.” [Wall Street Journal, 11/26/2001]
He asserts he doesn’t need a religious edict to make war on the US since it is “obvious” that the US is “the enemy.” Author Peter Lance will later note these words clearly “amounted to treason.”
Cloonan will recall, “He said that he was in touch with hundreds of people he could call on in a moment’s notice that could be, quote, ‘operational,’ and wage jihad against the United States. Very brazenly, he said, ‘I can get out anytime and you’ll never find me. I’ve got a whole network. You’ll never find me.”
After dinner, Cloonan will recall that Fitzgerald turned to him and said, “This is the most dangerous man I have ever met. We cannot let this man out on the street.” But Lance will later note, “But that’s just what he did. Patrick Fitzgerald allowed Ali Mohamed to go free”—even though Mohamed firmly rejected the offer to cooperate. During the dinner, other agents break into Mohamed’s house and bug his computer (his phone is already tapped (see Late 1994). Mohamed will continue to live in California for nearly a year and won’t be arrested until after the August 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The FBI apparently makes a report based on Mohamed’s comments at this meeting (see After October 1997). But no evidence has come to light that Mohamed’s confession is shared with top US officials or spread widely within US intelligence before 9/11. [Lance, 2006, pp. 274-276] In 2003, Fitzgerald will testify before a Senate committee and claim that when he had to make the decision after the embassy bombings whether or not to arrest Mohamed (see September 10, 1998), the “decision to arrest was made partly in the dark” because prosecutors could “not learn what information [the FBI] had gathered” on Mohamed. Fitzgerald will fail to mention that he was sitting with FBI agents when Mohamed gave this startling confession. [US Congress, 10/21/2003]
Between October 1997 and August 7, 1998: Ali Mohamed Gives FBI Hint of Upcoming Al-Qaeda Attack in East Africa
Double agent Ali Mohamed gives a hint about the upcoming African embassy bombings to an FBI agent. Harlan Bell, one of the FBI agents who met with Mohamed at an October 1997 dinner where Mohamed detailed his al-Qaeda ties (see October 1997), is apparently continuing to regularly talk to him on the phone (though it is not known what they discuss). Bell begins recording these phone calls (which are presumably being recorded by others as well since all of Mohamed’s communications are being monitored by this time (see October 1997-September 10, 1998)). FBI agent Jack Cloonan, who works with Bell in the I-49 bin Laden squad, will later recall that after the embassy bombings Bell will replay one of these taped conversations. “It became apparent from listening to one of those tapes that Ali was talking about a possible target in East Africa. He never specifically said the embassy or that he knew an attack was imminent, but he was giving this up in a sense before the attack took place.” [Lance, 2006, pp. 207-208]
November 1997: Ali Soufan Joins the FBI
Ali Soufan joins the FBI. Soufan is a US citizen and recently graduated from a US university, but he is a Muslim who was born and raised in Lebanon and speaks fluent Arabic, making him particularly suited to understanding Islamist militant threats. Soufan is assigned to the FBI’s New York office, which happens to be the office taking the lead in cases involving Osama bin Laden. Initially, Soufan is assigned to Mafia cases. But he has had a long-standing interest in bin Laden, and after reading in an Arabic newspaper about bin Laden’s fatwa (religious edict) against the US in February 1998 (see February 22, 1998), he will write an FBI memo explaining the fatwa’s significance. This will get him increasingly involved in counterterrorism cases, and shortly after the East African embassy bombings in August 1998 (see 10:35-10:39 a.m., August 7, 1998), he will be assigned to the FBI’s Joint Terrorism Task Force (JTTF). He will begin working with FBI bin Laden expert John O’Neill and the counterterrorism I-49 squad, which is increasingly focusing on bin Laden. [Soufan, 2011, pp. 1-16]
Late 1998-Early 2002: US Intelligence Maps Al-Qaeda Network Using Phone Records; Many Attacks Thwarted
Beginning in the autumn of 1998, the FBI uses the phone records of an al-Qaeda communications hub run by operative Ahmed al-Hada and his son Samir to build a map of al-Qaeda’s global organization. A map showing all the places in the world that have communicated with the hub is posted on the wall of the interagency counterterrorism I-49 squad in New York. The hub’s telephone number was uncovered during the East African embassy bombings investigation (see August 4-25, 1998 and Late August 1998). [Al Ahram, 2/21/2002; MSNBC, 7/21/2004; Wright, 2006, pp. 343; New Yorker, 7/10/2006 ] According to FBI agent and I-49 squad member Dan Coleman, al-Hada is “uncle of half the violent jihadists we knew in the country.” [Suskind, 2006, pp. 94] Several of his sons and sons-in-law are al-Qaeda operatives and some die fighting and training with radical Islamists; this is known to US intelligence before 9/11. Hijacker Khalid Almihdhar is also a son-in-law of al-Hada. [MSNBC, 2/14/2002; Fox News, 2/14/2002; Los Angeles Times, 12/21/2005] The number is monitored by the NSA and over the next three years it mines intelligence that helps authorities foil a series of plots, including planned attacks on the US Embassy in Paris and the US Consulate in Istanbul, along with an attempted airline hijacking in Africa. However, the hub also serves as a planning center for the 2000 attack on the USS Cole in Yemen, which is successful (see October 12, 2000). [US News and World Report, 3/15/2004] The CIA, as the primary organization for gathering foreign intelligence, has jurisdiction over conversations on the al-Hada phone. Helped by the NSA, it stakes out the house—tapping the phone, planting bugs, and taking satellite photographs of its visitors. However, the CIA apparently does not provide the FBI with all the relevant information it is obtaining about al-Qaeda’s plans. [Mirror, 6/9/2002; New Yorker, 7/10/2006
] For example, the FBI is not informed that hijackers Khalid Almihdhar and Nawaf Alhazmi make calls to the communications hub from the US between spring 2000 and summer 2001 (see Spring-Summer 2000 and Mid-October 2000-Summer 2001). The FBI also asks the NSA to pass any calls between the communications hub and the US to the FBI, but the NSA does not do this either (see Late 1998). [Suskind, 2006, pp. 94]
December 1999-January 2000: FBI’s New York Office Receives NSA Information on Hijackers’ Travel to Malaysia Summit
The FBI’s New York field office, which specializes in international terrorism and houses the I-49 squad that focuses on Osama bin Laden (see January 1996), receives information from the NSA about a wiretap on the phone of 9/11 hijacker Khalid Almihdhar. The information concerns travel by Almihdhar, fellow alleged hijacker Nawaf Alhazmi, and other operatives to an al-Qaeda summit in Kuala Lumpur, Malaysia (see December 29, 1999, Shortly Before December 29, 1999, and January 5-8, 2000), but the office, like the rest of the FBI, is not told Almihdhar has a US visa (see 9:30 a.m. – 4:00 p.m. January 5, 2000). However, the New York office apparently does not realize it has this information and when investigators become aware of its importance in June 2001 they will conduct a running argument with FBI headquarters and the CIA over whether they can receive it again (see June 11, 2001). [US Department of Justice, 11/2004, pp. 293 ]