The FBI obtains a wiretap warrant to seize al-Qaeda-related e-mails under the Foreign Intelligence Surveillance Act (FISA), but experimental software malfunctions and an angry FBI agent is said to destroy all the e-mails collected. The Carnivore software, which was installed in Denver, collects e-mails not only from the target, but also from other people. The FBI technician is reportedly so upset when he discovers e-mails from people whose communications the FBI has no authorization to collect that he apparently deletes everything the FBI has gathered, including the e-mails from the target. However, the article that first reports this deletion also says the opposite: “A Justice Department official, speaking on condition of anonymity, said Tuesday night that the e-mails were not destroyed.” In either case, the Office of Intelligence Policy and Review (OIPR) at FBI headquarters, which deals with FISA warrants, is then informed and expresses its surprise it was not told the software was experimental before the warrant was issued. An FBI official will comment: “To state that [an OIPR official] is unhappy with [the FBI’s International Terrorism Operations Section] and the [Usama bin Laden] Unit would be an understatement of incredible proportions.” As the target’s e-mails have been destroyed in the FBI system, the FBI then wants a physical search warrant under FISA to go and collect the e-mails from the carrier. However, the OIPR insists on an explanation for the error before this can happen, and also demands an explanation for the problem, so the special FISA court can be notified. [Federal Bureau of Investigation, 4/5/2000; Associated Press, 5/28/2002] It is not known who was being monitored, though there are potential al-Qaeda Denver connections: in 1994, a bin Laden front began routing communications through Denver (see 1994), and a passport was stolen there in 1995 from a man who was later confused with one of the 9/11 hijackers (see 1995).
May 2001: CIA Official Connected to Cases of Moussaoui and Two 9/11 Hijackers Tasked to Help FBI
Tom Wilshire, a former deputy chief of Alec Station, the CIA’s bin Laden unit, is detailed to the FBI to help with its counterterrorism work. Wilshire was involved in the failure to watchlist 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar during the al-Qaeda Malaysia summit (see 9:30 a.m. – 4:00 p.m. January 5, 2000), and will also be involved in the failed search for them in the summer of 2001 (see May 15, 2001, Late May, 2001, and July 13, 2001), as well as the failure to obtain a search warrant for Zacarias Moussaoui’s belongings (see August 24, 2001). He acts as the CIA’s chief intelligence representative to Michael Rolince, head of the Bureau’s International Terrorism Operations Section. His primary role is apparently to help the FBI exploit information for intelligence purposes. [US Department of Justice, 11/2004, pp. 282-348 
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May 15, 2001: CIA Officer Again Accesses Cables about Hijackers’ Travel in Asia and to US, Fails to Alert FBI or Check If They Are Still in US
Tom Wilshire, a former deputy chief of the CIA’s bin Laden unit currently detailed to the FBI, accesses a number of cables about travel by 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in 2000 (see March 5, 2000), but fails to draw the FBI’s attention to this or ask the INS whether they are still in the US. The cables report on Khalid Almihdhar’s travel to Malaysia in January 2000, his US visa, al-Qaeda’s Malaysia summit, and Alhazmi’s travel from Kuala Lumpur, Malaysia, to Bangkok, Thailand, with another person, and then to Los Angeles. Wilshire had previously blocked a notification to the FBI that Almihdhar had a US visa (see 9:30 a.m. – 4:00 p.m. January 5, 2000). He writes to another CIA analyst about the travel (see May 15, 2001), but does not alert the FBI to the fact Alhazmi came to the US. Neither does he check with the INS to see whether Alhazmi and Almihdhar are in the country. When one of his colleagues finds these cables in late August, she will immediately check with the INS and become alarmed when she is told they are in the US (see August 21-22, 2001). [9/11 Commission, 7/24/2004, pp. 266-8, 537; US Department of Justice, 11/2004, pp. 283 ] The 9/11 Commission will explain his failure to alert the FBI by saying he was focused on a possible terrorist attack in Malaysia: “Despite the US links evident in this traffic, [Wilshire] made no effort to determine whether any of these individuals was in the United States. He did not raise the possibility with his FBI counterpart. He was focused on Malaysia.” [9/11 Commission, 7/24/2004, pp. 268]
December 18, 2001: FBI Officials Testify to Congress about State of Al-Qaeda
The Senate Subcommittee on International Operations and Terrorism holds a hearing on the global reach of al-Qaeda and hears testimony from several intelligence community officers. One of them is Tom Wilshire, a CIA officer on loan to the FBI who was involved in several pre-9/11 failures (see 9:30 a.m. – 4:00 p.m. January 5, 2000, August 22, 2001, and August 24, 2001). Wilshire is described as the deputy chief of the FBI’s International Terrorism Operations Section. In his opening remarks, Wilshire describes the “worldwide jihad movement,” which is “considered to be legitimate by many of our allies in terms of defense of Islam,” as a “multibillion effort” active in, for example, Chechnya, Bosnia, and the Philippines. Although some of the “tributaries” to the movement are “somehow legitimate,” al-Qaeda is “one of the most significant off-shoots,” and views the US as “the stabilising mechanism that allows the regimes that [Osama] bin Laden views to be corrupt [such as Egypt and Saudi Arabia] and to stay in power.” Wilshire also says that one of bin Laden’s goals was to provoke a “land war in Afghanistan,” although he perhaps did not anticipate it taking its current form. He discusses how al-Qaeda has changed over the years, the bayat oath of loyalty to bin Laden, and numbers of operatives: he puts the organization’s “elite” in the hundreds, but says it also has “small thousands” fighting in places like Afghanistan and Chechnya, as well as “thousands” more around the world, although perhaps “their skill level is not as high.” He also discusses a recently released videotape in which a man thought to be bin Laden said the “muscle” hijackers did not know they were on a suicide mission until the last minute (see Mid-November 2001), and calls bin Laden “very charismatic.” Wilshire adds that radical Islamists have looked at the possibility of setting up training camps in the US, but that it is easier for them to have introductory training in Europe, which was the case of a group of British citizens arrested in Yemen (see December 23, 1998). Finally, he says that al-Qaeda is linked to Abu Sayyaf, which is not just a local Filipino group and falls under “outside influence.” [US Congress. Senate. Subcommittee on International Operations and Terrorism, 12/18/2001]
