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 ]
August 29, 2001: Inexperienced FBI Agent Is Assigned to Search for Almihdhar
The FBI’s New York office opens a full field intelligence investigation to locate Khalid Almihdhar. New York FBI agent Robert Fuller, new to the international terrorism squad, is the only person assigned to the task. The New York office had been given a “heads up alert” about Almihdhar on August 23, but the search only begins after the FBI decides on August 28 to conduct an intelligence investigation instead of a criminal investigation (see August 29, 2001). Another agent had labeled the search request “routine,” meaning that Fuller has 30 days to find his target. However, Fuller will be busy with another matter and won’t begin work on finding Almihdhar until September 4 (see September 4-5, 2001). [US Department of Justice, 11/2004]
August 29, 2001: CIA Officer Possibly Tells FBI Agent Search for 9/11 Hijacker Almihdhar Must Be Intelligence Investigation
According to author Lawrence Wright, on this day there is a conference call between FBI field agent Steve Bongardt, FBI headquarters agent Dina Corsi, and a CIA supervisor at Alec Station, the CIA’s bin Laden unit, who tells Bongardt to stand down in the search for future 9/11 hijacker Khalid Almihdhar. Corsi and Bongardt have been arguing over whether the search for Almihdhar in the US should be a criminal or intelligence investigation (see August 28, 2001 and August 28, 2001), and the CIA supervisor apparently sides with Corsi, saying the search should be an intelligence investigation, and so Bongardt, a criminal agent, cannot be involved in it. Bongardt is angry with this and remarks, “If this guy [Almihdhar] is in the country, it’s not because he’s going to f___ing Disneyland!” [Wright, 2006, pp. 353-4] However, there will be no mention of this conversation in the 9/11 Commission Report or the Justice Department’s report into the FBI’s performance before 9/11. [9/11 Commission, 7/24/2004, pp. 271; US Department of Justice, 11/2004, pp. 306-7 ] According to the Justice Department report, there is a similar conference call between Bongardt, Corsi, and her supervisor at the FBI around this time (see August 28, 2001). It is possible Wright is confusing the supervisor of the CIA’s bin Laden unit with the supervisor of the FBI’s bin Laden unit, meaning that the CIA supervisor is not involved in this argument.
August 29, 2001: FBI Wrongly Opens Intelligence Investigation to Find 9/11 Hijacker Almihdhar, despite Protests that ‘Someday Somebody Will Die’ as a Result
The FBI opens an intelligence investigation to find future 9/11 hijacker Khalid Almihdhar, despite protests from the FBI New York field office that FBI headquarters has wrongly insisted on an intelligence investigation, when a criminal investigation would be more appropriate and have a better chance of finding him. The Justice Department’s office of inspector general will later conclude that “the designation of the Almihdhar matter as an intelligence investigation, as opposed to a criminal investigation, undermined the priority of any effort to locate Almihdhar.” Upon learning of the decision, Steve Bongardt, an investigator working on the USS Cole bombing investigation, writes to headquarters agent Dina Corsi to express his frustration. He points out that she is unable to produce any solid documentary evidence to support her view of the “wall,” a mechanism that restricts the passage of some intelligence information to criminal agents at the FBI (see Early 1980s and July 19, 1995), and that her interpretation of the “wall” is at odds with the purpose for which it was established. He adds: “Whatever has happened to this—someday someone will die—and wall or not—the public will not understand why we were not more effective and throwing every resource we had at certain ‘problems.’ Let’s hope the [Justice Department’s] National Security Law Unit will stand behind their decisions then, especially since the biggest threat to us now, UBL [Osama bin Laden], is getting the most ‘protection.’” [US Congress, 9/20/2002; New York Times, 9/21/2002; US Department of Justice, 11/2004, pp. 307-9 ; New Yorker, 7/10/2006 ] Both the Justice Department’s office of inspector general and the 9/11 Commission will later back Bongardt and say the investigation should have been a criminal investigation, as the “wall” procedures did not apply. The inspector general will comment that Bongardt “was correct that the wall had been created to deal with the handling of only [Foreign Intelligence Surveillance Act] information and that there was no legal barrier to a criminal agent being present for an interview with Almihdhar if it occurred in the intelligence investigation.” [US Department of Justice, 11/2004, pp. 351 ] The 9/11 Commission will remark that Corsi “misunderstood” the wall and that, “Simply put, there was no legal reason why the information [Corsi] possessed could not have been shared with [Bongardt].” It will conclude: “It is now clear that everyone involved was confused about the rules governing the sharing and use of information gathered in intelligence channels. Because Almihdhar was being sought for his possible connection to or knowledge of the Cole bombing, he could be investigated or tracked under the existing Cole criminal case. No new criminal case was needed for the criminal agent to begin searching for [him]. And as the NSA had approved the passage of its information to the criminal agent, he could have conducted a search using all available information. As a result of this confusion, the criminal agents who were knowledgeable about al-Qaeda and experienced with criminal investigative techniques, including finding suspects and possible criminal charges, were thus excluded from the search.” [9/11 Commission, 7/24/2004, pp. 271, 539]
August 30, 2001: CIA Finally Tells FBI Al-Qaeda Leader Met 9/11 Hijackers in Malaysia, but Information Is Withheld from Investigators
The CIA finally tells the FBI that al-Qaeda leader Khallad bin Attash attended an al-Qaeda summit in Malaysia in January 2000 with future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 5-8, 2000). The CIA monitored the meeting and has known that bin Attash attended it for at least eight months (see January 4, 2001), but repeatedly failed to tell the FBI of this (see Shortly Before February 1, 2001, February 1, 2001, Mid-May 2001, and June 11, 2001). The CIA will later say that it thought the FBI knew of the identification in January 2001 (see January 5, 2001 and After), but a CIA manager asked for permission to pass the information to the FBI in July 2001, implying he knew the FBI did not have the information (see July 13, 2001). [US Department of Justice, 11/2004, pp. 298, 305, 310 ] In addition, the text of the notifiction states, “We wish to advise you that, during a previously scheduled meeting with our joint source,” bin Attash was identified in a surveillance photo. [US Congress, 7/24/2003, pp. 150 ] The cable containing the information is for Rodney Middleton, acting head of the FBI’s bin Laden unit, and also says that, if the FBI thinks it does not have all the photographs it needs of the Malaysia summit, it should ask the CIA for them. Middleton is aware that the FBI is investigating Almihdhar (see August 29, 2001), but there is no record of him or anyone else providing this information to either the agent investigating Almihdhar or the main investigation of the USS Cole bombing, which bin Attash commanded. The information was requested by FBI agent Dina Corsi and was passed through a CIA Counterterrorist Center representative to the FBI, presumably Tom Wilshire. Although one of bin Attash’s aliases was watchlisted one week ago (see August 23, 2001), he is not watchlisted under his real name even at this point, meaning the commander of the USS Cole attack can enter the US under his own name as he pleases. [US Department of Justice, 11/2004, pp. 298, 305, 310 ]
Around August 31, 2001: Saudi Intelligence Chief’s Replacement Reportedly Makes CIA Nervous about 9/11 Hijackers Almihdhar and Alhazmi
Following the resignation of Prince Turki al-Faisal as head of the Saudi General Intelligence Presidency (GIP) (see August 31, 2001), the CIA becomes nervous about its protection of hijackers Nawaf Alhazmi and Khalid Almihdhar, according to investigative reporters Joe and Susan Trento. A CIA officer will tell the two reporters that the CIA protected the two hijackers in the US because they were working for the GIP, and the CIA did not realize they were loyal to Osama bin Laden, not the regime in Riyadh (see August 6, 2003). After Turki is replaced, the CIA apparently thinks: “Had Turki been forced out by more radical elements in the Saudi royal family? Had he quietly warned the CIA that he suspected the GIP’s assurances about the penetration of al-Qaeda were not as reliable as thought previously? Had al-Qaeda penetrated GIP?” This is said to be the reason the CIA allows the passage of more intelligence related to the two men to the FBI around this time (see August 30, 2001). [Trento and Trento, 2006, pp. 193] However, the 9/11 Commission will not say Almihdhar and Alhazmi were assets of Saudi Arabia’s General Intelligence Presidency or that they were protected by the CIA. The 9/11 Congressional Inquiry will not say they were protected by the CIA. [US Congress, 7/24/2003 ; 9/11 Commission, 7/24/2004]
August 31, 2001: US Watch List Calls 9/11 Hijacker Almihdhar ‘Armed and Dangerous’
According to the 9/11 Commission, on this day “A new listing for [9/11 hijacker Khalid] Almihdhar was placed in an INS and Customs lookout database, describing him as ‘armed and dangerous’ and someone who must be referred to secondary inspection.” However, this information will only first appear in a little-noticed Commission staff report released one month after the 9/11 Commission Final Report. It will not be explained who determined Almihdhar to be armed and dangerous or what information this was based on. [9/11 Commission, 8/21/2004, pp. 31 ] By September 5, 2001, the lookout database will be inexplicably changed and inspectors will be told not to detain Almihdhar after all (see September 4-5, 2001).
Early September 2001: Accounts Place Three 9/11 Hijackers on East and West Coasts at the Same Time
The standard accounts place 9/11 hijackers Hani Hanjour, Nawaf Alhazmi, and Khalid Almihdhar on the East Coast for the entire time in the weeks before the attacks (see (August 23-September 10, 2001)). [New York Times, 9/21/2001; Associated Press, 9/21/2001; Newsday, 9/23/2001; CNN, 9/26/2001; St. Petersburg Times, 9/27/2001; South Florida Sun-Sentinel, 9/28/2001; New York Times, 11/6/2001; US Congress, 9/26/2002] However, neighbors at Parkwood Apartments in San Diego where the three lived in 2000 are clear in their assertions that all three were there until days before 9/11. For instance, one article states, “Authorities believe Almihdhar, Hanjour and Alhazmi… moved out a couple of days before the East Coast attacks.” [KGTV 10 (San Diego), 11/1/2001] Ed Murray, a resident at the complex, said that all three “started moving out Saturday night-and Sunday [September 9] they were gone.” [KGTV 10 (San Diego), 9/14/2001; KGTV 10 (San Diego), 9/20/2001] This is the same day that Alhazmi is reportedly seen in an East Coast shopping mall. [CNN, 9/26/2001] As with previous reports, neighbors also see them getting into strange cars late at night. A neighbor interviewed shortly after 9/11 said, “A week ago, I was coming home between 12:00 and 1:00 A.M. from a club. I saw a limo pick them up. It was not the first time. In this neighborhood you notice stuff like that. In the past couple of months, I have seen this happen at least two or three times.” [Time, 9/24/2001] To add to the confusion, there have been reports that investigators think Almihdhar is still alive and the Chicago Tribune says of Alhazmi, Almihdhar, and Hanjour: “The most basic of facts—the very names of the men—are uncertain. The FBI has said each used at least three aliases. ‘It’s not going to be a terrible surprise down the line if these are not their true names,’ said Jeff Thurman, an FBI spokesman in San Diego.” [Chicago Tribune, 9/30/2001]
Early September 2001: 9/11 Hijackers Alhazmi and Almihdhar Practice Using Flight Simulator Software
9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar are seen to practice using flight simulator software while at an apartment in San Diego. A neighbor will later say he often saw a computer switched on inside the men’s apartment running a flight simulator program, “I could look in, if the door was open. You could always see a flight simulator type of thing, with airplanes on it.” According to eyewitnesses, this takes place shortly before 9/11. Alhazmi and Almihdhar lived in San Diego in 2000 (see January 15-February 2000 and February 2000-Early September 2001), but are usually thought to be on the East Coast in the summer of 2001 (see August 27-September 1, 2001 and September 5-10, 2001). However, there are multiple eyewitness reports of them being seen in the San Diego area around this time, back in the same apartment where they had lived in 2000 (see Early September 2001). [KGTV 10 (San Diego), 9/14/2001; KGTV 10 (San Diego), 9/18/2001]
