FBI Director Louis Freeh and other top FBI officials are briefed about the ongoing al-Qaeda summit in Malaysia (see January 5-8, 2000) as part of their regular daily update. They are told the CIA is in the lead and that the CIA promises to let the FBI know if an FBI angle to the case develops. But they are not told that the CIA has just found out that one of the participants, Khalid Almihdhar, has a US visa. [9/11 Commission, 1/26/2004] It is unclear who the other top FBI officials that are briefed are. However, Dale Watson, the assistant director of the counterterrorism division, and Thomas Pickard, the FBI’s deputy director at this time and its acting director in the summer of 2001, will also learn of the summit by July 2001, although it is unclear exactly when they are informed (see July 12, 2001). [Pickard, 6/24/2004] According to Vanity Fair, Richard Blee, head of the CIA’s bin Laden unit, “provided surveillance updates for [the CIA’s] top officers, the FBI, and the White House” while the summit is in progress. [Vanity Fair, 11/2004] One FBI official familiar with the case will later complain: “[The CIA] purposely hid [Almihdhar] from the FBI, purposely refused to tell the bureau.… The thing was, they didn’t want John O’Neill and the FBI running over their case. And that’s why September 11 happened.… They have blood on their hands.” [Bamford, 2004, pp. 224] Jack Cloonan, an FBI agent in the I-49 squad that focuses on al-Qaeda, will later say: “If that information [got] disseminated, would it have had an impact on the events of 9/11? I’m telling you that it would have.” [ABC News, 5/10/2004]
Spring 2000: FBI Agent Privately Shown Al-Qaeda Summit Photos but Fails to Make Any Connections
FBI agent Jack Cloonan, a member of the FBI’s I-49 bin Laden squad, will tell author Peter Lance after 9/11 that another FBI agent belonging to I-49 named Frank Pellegrino saw some of the surveillance photos taken of the al-Qaeda summit in Malaysia several months earlier (see January 5-8, 2000 and January 5-8, 2000 and Shortly After). Cloonan will say, “Pellegrino was in Kuala Lumpur,” the capital of Malaysia. “And the CIA chief of station said, ‘I’m not supposed to show these photographs, but here. Take a look at these photographs. Know any of these guys?’” But Pellegrino does not recognize them, as he is working to catch Khalid Shaikh Mohammed (KSM) and apparently is not involved in other cases. However, there have been numerous reports that KSM was at the summit (see January 5-8, 2000). Further, Lance will note that if Pellegrino could not identify KSM, he could have recognized Hambali, another attendee of the summit. Pellegrino was in the Philippines in 1995 and worked with local officials there as they interrogated Abdul Hakim Murad, one of the Bojinka bombers (see February-Early May 1995). During this time, Murad’s interrogators learned about Hambali’s involvement in a front company called Konsonjaya and passed the information on to US officials (see Spring 1995). Further, an FBI report from 1999 shows the FBI was aware of Hambali’s ties to Konsonjaya by that time (see May 23, 1999). [Lance, 2006, pp. 340-341]
Summer 2000: FBI Extracts Confession from Embassy Bombing Cell Member without Torture
The FBI extracts a full confession from L’Houssaine Kherchtou, also known as “Joe the Moroccan,” a member of the cell that bombed the US embassy in Nairobi, Kenya (see Late 1993-Late 1994 and 10:35-10:39 a.m., August 7, 1998). However, in contrast with methods used on al-Qaeda operatives after 9/11, he is not tortured and the FBI is at pains to treat him well.
Relaxing Surroundings, Respectful Treatment – FBI agent Jack Cloonan will later say of the initial interrogation, which took place in Morocco, “The setting was beautiful, it was this grand house with stables out back, gazelles bouncing in the background, palm trees, three-course meals.” Kherchtou had a relationship with the British intelligence service MI6 (see Mid-Summer 1998 and Shortly After August 7, 1998), but had broken off contact with it and has to be lured to Morocco, where his debriefing is headed by Patrick Fitzgerald. Cloonan will later describe the questioning: “We advised [Kherchtou] of his rights. We told him he could have a lawyer anytime, and that he could pray at any time he wanted. We were letting the Moroccans sit in on this, and they were dumbfounded.… The Moroccans said he’d never talk. He never shut up for 10 days.” Fitzgerald denies Kherchtou a plea bargaining agreement, and says he must plead guilty to conspiracy to murder, for which he may receive a life sentence, though Fitzgerald promises to ask the judge for leniency. However, Cloonan will later say, “His wife needed money for medical treatment in Khartoum, and al-Qaeda had failed to provide it.” It is Cloonan’s “in” with Kherchtou, who is also sure that the US will not torture him. When Kherchtou wavers, Cloonan steps in. As he recalls: “I said, ‘Joe, you understand English, so I’d like you to go out and pray on this with your two Moroccan brothers.’ I thought Fitzy was going to give birth. Joe went out and prayed and came back and said yes.” He provides the FBI with details of the plot and becoming a star witness at the trial (see September 2000). [American Prospect, 6/19/2005; Vanity Fair, 12/16/2008]
Invaluable Information – Kherchtou’s information, provided at a time when the US knows comparatively little about al-Qaeda, is, in Cloonan’s assessment, invaluable. “He told us about a lot of things,” Cloonan later says. “We learned how they recruited people, their front organizations, how they used NGOs [non-governmental organizations], false passports, what they thought about kidnapping, how they developed targets, did their surveillance, a day in the life of Osama bin Laden, what weapons they used, what vehicles they drove, who was the principal liaison with the Sudanese government, that there was a relationship between al-Qaeda and Hezbollah, how they did their training exercises, their finances, and their membership.” After the trial, he enters the witness protection program in the US. Four of his onetime associates will receive life sentences as a direct result of his information. [Vanity Fair, 12/16/2008]
FBI Use Kherchtou as Example of Successful Interrogation Tacticss – FBI officials will later compare this outcome favorably to procedures used by other US agencies after 9/11. For example, following the detainee abuse scandals after 9/11, FBI manager Tom Harrington will write that the FBI has “been successful for many years obtaining confessions via non-confrontational interviewing techniques.” Cloonan will later contrast Kherchtou’s treatment with that of al-Qaeda training manager Ibn al-Shaykh al-Libi in December 2001, when the US sent al-Libi to Egypt to be tortured and interrogated, but some of the information he provided there turned out to be false (see December 19, 2001 and January 2002 and After). [American Prospect, 6/19/2005]
September 2000: Informer Tells FBI Al-Qaeda Is Interested in Air Traffic Control Procedures
At the trial of al-Qaeda operatives accused of participating in the 1998 US African embassy bombings, it is disclosed that an unnamed al-Qaeda operative had requested information about air traffic control procedures. This information is provided to the FBI by a co-operating witness, L’Houssaine Kherchtou (see Summer 2000), and is mentioned by prosecutor Patrick Fitzgerald, who says that Kherchtou “observed an Egyptian person who was not a pilot debriefing a friend of his, Ihab Ali [Nawawi], about how air traffic control works and what people say over the air traffic control system, and it was his belief that there might have been a plan to send a pilot to Saudi Arabia or someone familiar with that to monitor the air traffic communications so they could possibly attack an airplane.” Nawawi is a Florida-based al-Qaeda operative and pilot who is arrested in 1999 (see May 18, 1999). The identity of the Egyptian is not disclosed, although both Kherchtou and Nawawi are associates of former Egyptian army officer Ali Mohamed, who used Kherchtou’s apartment to plot the Nairobi embassy bombing (see Late 1993-Late 1994 and January 1998). [United States of America v. Usama bin Laden, et al., Day 8, 2/21/2001] Mohamed also conducted surveillance of airports in the early 1980s with a view to hijacking an airliner, and subsequently worked as a security adviser to Egyptair, where he had access to the latest anti-hijacking measures. [Lance, 2006, pp. 11-12] Jack Cloonan, one of the FBI agents who debriefed Kherchtou, will later receive the Phoenix Memo (see July 27, 2001 or Shortly After), which states that an inordinate amount of bin Laden-related individuals are learning to fly in the US (see July 10, 2001). [American Prospect, 6/19/2005] However, he will not apparently make the connection between the memo’s premise and the information from Kherchtou.
July 10, 2001: FBI Agent Sends Memo Warning that Unusual Number of Muslim Extremists Are Learning to Fly in Arizona
Phoenix, Arizona, FBI agent Ken Williams sends a memorandum warning about suspicious activities involving a group of Middle Eastern men taking flight training lessons in Arizona. The memo is titled: “Zakaria Mustapha Soubra; IT-OTHER (Islamic Army of the Caucasus),” because it focuses on Zakaria Soubra, a Lebanese flight student in Prescott, Arizona, and his connection with a terror group in Chechnya that has ties to al-Qaeda. It is subtitled: “Osama bin Laden and Al-Muhjiroun supporters attending civil aviation universities/colleges in Arizona.” [Fortune, 5/22/2002; Arizona Republic, 7/24/2003] Williams’ memo is based on an investigation of Sorba that Williams had begun in 2000 (see April 2000), but he had trouble pursuing because of the low priority the Arizona FBI office gave terror investigations (see April 2000-June 2001). Additionally, Williams had been alerted to suspicions about radical militants and aircraft at least three other times (see October 1996; 1998; November 1999-August 2001). In the memo, Williams does the following: Names nine other suspect students from Pakistan, India, Kenya, Algeria, the United Arab Emirates, and Saudi Arabia. [Die Zeit (Hamburg), 10/1/2002] Hijacker Hani Hanjour, attending flight school in Arizona in early 2001 and probably continuing into the summer of 2001 (see Summer 2001), is not one of the students, but, as explained below, it seems two of the students know him. [US Congress, 7/24/2003, pp. 135
; Washington Post, 7/25/2003]
Notes that he interviewed some of these students, and heard some of them make hostile comments about the US. Additionally, he noticed that they were suspiciously well informed about security measures at US airports. [Die Zeit (Hamburg), 10/1/2002]
Notes an increasing, “inordinate number of individuals of investigative interest” taking flight lessons in Arizona. [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135
]
Suspects that some of the ten people he has investigated are connected to al-Qaeda. [US Congress, 7/24/2003, pp. 135
] One person on the list, Ghassan al Sharbi, will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). Al Sharbi attended a flight school in Prescott, Arizona. He also apparently attended the training camps in Afghanistan and swore loyalty to bin Laden in the summer of 2001. He apparently knows Hani Hanjour in Arizona (see October 1996-Late April 1999). He also is the roommate of Soubra, the main target of the memo. [Los Angeles Times, 1/24/2003; 9/11 Commission, 7/24/2004, pp. 521]
Discovers that one of them was communicating through an intermediary with Abu Zubaida. This apparently is a reference to Hamed al Sulami, who had been telephoning a Saudi imam known to be Zubaida’s spiritual advisor. Al Sulami is an acquaintance of Hanjour in Arizona (see October 1996-Late April 1999). [Mercury News (San Jose), 5/23/2002; 9/11 Commission, 7/24/2004, pp. 520-521, 529]
Discusses connections between several of the students and a radical group called Al-Muhajiroun. [Mercury News (San Jose), 5/23/2002] This group supported bin Laden, and issued a fatwa, or call to arms, that included airports on a list of acceptable terror targets. [Associated Press, 5/22/2002] Soubra, the main focus of the memo, is a member of Al-Muhajiroun and an outspoken radical. He met with Sheikh Omar Bakri Mohammed, the leader of Al-Muhajiroun in Britain, and started an Arizona chapter of the organization. After 9/11, some US officials will suspect that Soubra has ties to al-Qaeda and other terrorist groups. He will be held two years, then deported to Lebanon in 2004. [Los Angeles Times, 10/28/2001; Los Angeles Times, 1/24/2003; Arizona Republic, 5/2/2004; Arizona Monthly, 11/2004] Though Williams doesn’t include it in his memo, in the summer of 1998, Bakri publicized a fax sent by bin Laden to him that listed al-Qaeda’s four objectives in fighting the US. The first objective was “bring down their airliners.”
(see Summer 1998). [Los Angeles Times, 10/28/2001] Warns of a possible “effort by Osama bin Laden to send students to the US to attend civil aviation universities and colleges” [Fortune, 5/22/2002] , so they can later hijack aircraft. [Die Zeit (Hamburg), 10/1/2002]
Recommends that the “FBI should accumulate a listing of civil aviation universities and colleges around the country. FBI field offices with these types of schools in their area should establish appropriate liaison. FBI [headquarters] should discuss this matter with other elements of the US intelligence community and task the community for any information that supports Phoenix’s suspicions.” [Arizona Republic, 7/24/2003] (The FBI has already done this, but because of poor FBI communications, Williams is not aware of the report.)
Recommends that the FBI ask the State Department to provide visa data on flight school students from Middle Eastern countries, which will facilitate FBI tracking efforts. [New York Times, 5/4/2002]
The memo is addressed to the following FBI Agents: Dave Frasca, chief of the Radical Fundamentalist Unit (RFU) at FBI headquarters;
Elizabeth Harvey Matson, Mark Connor and Fred Stremmel, Intelligence Operations Specialists in the RFU;
Rod Middleton, acting chief of the Usama bin Laden Unit (UBLU);
Jennifer Maitner, an Intelligence Operations Specialist in the UBLU;
Jack Cloonan, an agent on the New York FBI’s bin Laden unit, the I-49 squad; (see January 1996 and Spring 2000).
Michael S. Butsch, an agent on another New York FBI squad dealing with other Sunni terrorists. [Federal Bureau of Investigation, 7/10/2001
; US Congress, 7/24/2003, pp. 135
]
However, the memo is not uploaded into the FBI’s information system until the end of the month and is apparently not received by all these people (see July 27, 2001 and after). Williams also shares some concerns with the CIA (see (July 27, 2001)). [Mercury News (San Jose), 5/23/2002] One anonymous government official who has seen the memo says, “This was as actionable a memo as could have been written by anyone.” [Insight, 5/27/2002] However, the memo is merely marked “routine,” rather than “urgent.” It is generally ignored, not shared with other FBI offices, and the recommendations are not taken. One colleague in New York replies at the time that the memo is “speculative and not very significant.” [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 ] Williams is unaware of many FBI investigations and leads that could have given weight to his memo. Authorities later claim that Williams was only pursuing a hunch, but one familiar with classified information says, “This was not a vague hunch. He was doing a case on these guys.” [Mercury News (San Jose), 5/23/2002]
July 27, 2001 or Shortly After: FBI’s New York Office Receives Phoenix Memo, Takes Little Action
The FBI’s New York field office, which specializes in international terrorism, receives Ken Williams’ Phoenix Memo, but only briefly checks the named radicals and does not respond to Williams. In the memo, Williams noted that there is a suspiciously large number of Islamic extremists learning to fly in Arizona. Some of them will turn out to be connected to 9/11 hijacker Hani Hanjour (see July 10, 2001). Williams sent the memo to FBI headquarters (see July 27, 2001 and after) and the I-49 squad in the New York FBI field office. In New York, the memo is read by FBI agent Jack Cloonan, a member of the I-49 squad. Cloonan believes that the memo has a “glaring deficiency,” as he thinks bin Laden does not have a support operation in Arizona any more. He forms the opinion that William’s theory and conclusions are “faulty.” However, two of the hijackers were in Arizona in early 2001 (see December 12, 2000-March 2001) and some of the people named in the memo will later be linked to bin Laden (see October 1996-Late April 1999). In August 2001, Cloonan will ask, “Who’s going to conduct the thirty thousand interviews? When the f_ck do we have time for this?” Nonetheless, he checks out the eight names mentioned in the memo. He will apparently find nothing, although several individuals associated with the Phoenix cell are Sunni extremists (see November 1999-August 2001). The memo is also read by an analyst and an auditor in New York while they are researching other matters, and Cloonan will tell the Justice Department’s Office of Inspector General (OIG) he may have discussed the memo with some of his colleagues. The OIG’s report will say Cloonan told investigators that “he did not contact Williams or anyone else in Phoenix to discuss the [memo].” However, in a 2006 book author Lawrence Wright, citing an interview with Cloonan, will say that Cloonan spoke to Williams’ supervisor in Phoenix about it. [US Department of Justice, 11/2004, pp. 77-9 ; Wright, 2006, pp. 350, 426] The I-49 squad possibly forwards the memo to the Alec Station bin Laden unit at the CIA’s Counterterrorist Center (see (July 27, 2001)).
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 ]
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]
Before September 11, 2001: CIA Uses Other Intelligence Agencies to Infiltrate Al-Qaeda
It has been widely reported that the CIA never had any assets near bin Laden before 9/11. For instance, Lawrence Wright will write in his highly regarded 2006 book, The Looming Tower, “The fact is that the CIA had no one inside al-Qaeda or the Taliban security that surrounded bin Laden.” [Wright, 2006, pp. 265] But author Ronald Kessler will write in a 2004 book, “Often, the CIA used operatives from Arab intelligence services like those of Jordan, Syria, Egypt, and other countries to infiltrate bin Laden’s organization.” A longtime CIA officer says, “Egyptians, Jordanians, [and] Palestinians penetrated the bin Laden organization for us. It’s B.S. that we didn’t.” Kessler further explains that such operations remain one of the CIA’s best-kept secrets and often occur even with intelligence agencies the CIA is sometimes otherwise at odds with. Kessler says, “In return for help, the CIA provided them with money, equipment, and intelligence on their adversaries. Over the years, the Jordanians, for example, relied on the CIA to alert them to plots against the king. Over time, the Jordanians became so good at the intelligence game that they were better at detecting plots than the CIA.” [Kessler, 2004, pp. 143] Jack Cloonan, an FBI expert on al-Qaeda, will later say, “There were agents run into the camps. But most of them were not very well placed,” and lacked access to the inner circles. [United Press International, 11/27/2006] One example of such an asset may be Khalil Deek, who worked closely with al-Qaeda leader Abu Zubaida (see 1998-December 11, 1999) and was reportedly a mole for Jordanian intelligence (see Shortly After December 11, 1999). In the months before 9/11, Jordan will warn the US that al-Qaeda is planning a major attack inside the US using aircraft (see Late Summer 2001), and Egypt will warn the CIA that al-Qaeda has 20 operatives on a mission in the US, some of them training to fly (see Late July 2001).
September 24, 2001 and After: US Takes No Action Against Bin Laden’s Bank
On September 24, 2001, the US freezes the bank accounts of a number of people and businesses allegedly linked to al-Qaeda (see September 24, 2001). However, no accounts at the Al-Shamal Islamic Bank in Sudan are frozen, despite a 1996 State Department report that bin Laden co-founded the bank and capitalized it with $50 million (see August 14, 1996). As the Chicago Tribune will later note, bin Laden has been more closely linked to this bank than to any other bank in the world. [Chicago Tribune, 11/3/2001] On September 26, Sen. Carl Levin (D-MI) publicly notes that Al-Shamal was able to obtain correspondent accounts with three US banks, as well as many European and Middle East banks, giving Al-Shamal direct or indirect access to US banking. [Senator Carl Levin, 9/26/2001] Al-Shamal claims that it cut ties with bin Laden long ago. However, tipped off by Levin’s comments, one day later a group of computer hackers claim to have hacked into Al-Shamal’s computers, found evidence of existing al-Qaeda-linked bank accounts, and then turned the information over to the FBI. The FBI neither confirms nor denies getting such information. [Washington Post, 10/12/2001] Several days later, it is reported that European banks are quietly cutting off all dealings with Al-Shamal despite the lack of any formal blacklisting of it. [Associated Press, 10/1/2001] The Los Angeles Times will later report that after 9/11, the Sudanese government greatly increased their cooperation with US intelligence in hopes of improving relations with the US. In November 2001, some FBI agents including Jack Cloonan go to Sudan and are allowed to interview the manager at Al-Shamal. Bank records are made available to US investigators as well. Cloonan will later say, “Until then, the Sudanese had a credibility problem with the US, but they gave us everything we asked for.” [Los Angeles Times, 4/29/2005] But multiple sources will later report that, as of late 2002 at least, Saudi multimillionaire Adel Batterjee heads Al-Shamal and is one of its largest shareholders. [National Review, 10/28/2002; Gunaratna, 2003, pp. 112; Chicago Tribune, 2/22/2004] Batterjee had long been suspected of al-Qaeda ties and was even detained by the Saudi government over his al-Qaeda links in 1993 (see 1993). The US will officially designate him a terrorist financier in 2004 (see December 21, 2004). The Chicago Tribune notes that an official US blacklisting of the bank “could well have diplomatic repercussions that the White House… would rather avoid.” A Saudi financial services conglomerate, Dar Al-Maal Al-Islami Trust (DMI), has a major stake in Al-Shamal, and DMI is headed by Prince Mohammed al-Faisal al-Saud, a cousin of the Saudi King Fahd. (His accountant will later be arrested in Spain and accused of being an important al-Qaeda financier (see April 23, 2002).) Other Saudi royals and prominent businesspeople are also invested in DMI. [Chicago Tribune, 11/3/2001] Furthermore, one of the bank’s three founding members and major shareholders is Saleh Abdullah Kamel, a Saudi billionaire and chairman of the Dallah al-Baraka Group. [In These Times, 12/20/2002] Al-Shamal apparently continues to operate and the US apparently has not taken any action against it. It is unclear if Batterjee continues to run it.