Tom Wilshire, a former deputy chief of the CIA’s bin Laden unit on attachment to the FBI, sends a request to CIA headquarters for the surveillance photos of the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000). Three days later, Wilshire will explain the reason for his interest in an e-mail to a CIA analyst, writing, “I’m interested because Khalid Almihdhar’s two companions also were couriers of a sort, who traveled between [the Far East] and Los Angeles at the same time ([H]azmi and [S]alah).” Hazmi refers to future 9/11 hijacker Nawaf Alhazmi and Salah Said is the alias al-Qaeda leader Khallad bin Attash traveled under during the summit. Apparently, Wilshire will receive the photos. Toward the end of May, a CIA analyst will contact a specialist working at FBI headquarters about the photographs. The CIA wants the FBI analyst to review the photographs and determine if a person who had carried money to Southeast Asia for bin Attash in January 2000 could be identified. The CIA will fail to tell the FBI analyst anything about Almihdhar or Alhazmi. Around the same time, the CIA analyst will receive an e-mail mentioning Alhazmi’s travel to the US. These two analysts will travel to New York the next month and again the CIA analyst will fail to divulge what he knows. [US Congress, 7/24/2003 ; US Department of Justice, 11/2004, pp. 283
]
Mid-May 2001: CIA Manager Says Photo Identification Is Incorrect, Hinting He Has Greater Knowledge of Al-Qaeda Malaysia Summit Figures
Tom Wilshire, a CIA officer detailed to the FBI, discusses three photographs of al-Qaeda’s Malaysia summit (see January 5-8, 2000) with CIA analyst Clark Shannon. Based on an identification by a source inside al-Qaeda, one of the photos is thought to show al-Qaeda leader Khallad bin Attash, who was involved in the bombing of the USS Cole (see January 4, 2001). However, Wilshire tells Shannon that he does not see bin Attash in any of the photos and that he is “missing something” or “someone saw something that wasn’t there.” Wilshire is correct—the photo actually shows 9/11 hijacker Nawaf Alhazmi not bin Attash, but it is unclear why Wilshire would think this; he has apparently not read the cable stating the source identified the man in the photo as bin Attash, but he is aware that bin Attash has been identified in the photo. The three photos will later be passed to the FBI and shown to investigators working on the bombing of the USS Cole (see Mid-May 2001, Late May, 2001, and June 11, 2001). [US Department of Justice, 11/2004, pp. 284-5 ]
Mid-May 2001: CIA Withholds Photo of Al-Qaeda Leader from FBI
Although three surveillance photographs of al-Qaeda’s Malaysia summit are passed to the FBI at this time (see Late May, 2001 and June 11, 2001), another key photograph the CIA has of the meeting is withheld by CIA officers Clark Shannon and Tom Wilshire. The key photograph shows al-Qaeda logistics manager Khallad bin Attash, who commanded the attack on the USS Cole (see October 12, 2000). Author Lawrence Wright will later comment: “Thanks to [FBI agent Ali] Soufan’s interrogation of [USS Cole bomber Fahad al-Quso], the Cole investigators had an active file on Khallad and were preparing to indict him. Knowledge of that fourth photo would likely have prompted [FBI manager John] O’Neill to demand that the CIA turn over all information relating to Khallad and his associates. By withholding the picture of Khallad attending the meeting with the future hijackers [Khalid Almihdhar and Nawaf Alhazmi], the CIA may in effect have allowed the September 11th plot to proceed.” [New Yorker, 7/10/2006 ] The CIA also has video and even more photos of the meeting (see January 5, 2000 and January 5-8, 2000 and Shortly After), but these are not shared either, and it is unclear how aware Wilshire and Shannon are of this additional material.
Late May, 2001: CIA Officer Passes Three Malaysia Summit Photographs to FBI, but Fails to Mention Some Important Details
Tom Wilshire, a CIA officer on loan to the FBI, obtains three photographs from the surveillance of al-Qaeda’s Malaysia summit (see January 5-8, 2000), and passes them to Dina Corsi, an agent with the FBI’s bin Laden unit. Corsi learned of the photographs’ existence following a discussion with CIA officer Clark Shannon. Although Wilshire does not have a “substantive conversation” with Corsi about the photos, he does identify hijacker Khalid Almihdhar in one of them, and says Almihdhar traveled from Sana’a, Yemen, to Dubai, United Arab Emirates, and then Kuala Lumpur, Malaysia, in early January 2000. However, Wilshire omits to mention that Almihdhar has a US visa, his associate hijacker Nawaf Alhazmi has traveled to the US, or another associate, Khallad bin Attash, has been identified in the photos. He also does not say why the photos were taken. Author Lawrence Wright will later say the photos are passed because Wilshire wants to know what the FBI knows. The CIA says it thinks the photos may show Fahad al-Quso, an al-Qaeda operative involved in the USS Cole bombing. Corsi understands that the photos are “not formally passed” to the FBI, but are only for limited use at a forthcoming meeting. Therefore, only limited information about them is provided at the meeting, causing a disagreement (see June 11, 2001). However, Wilshire will later say that Corsi could give the photos to the FBI, but the FBI could not then give them to a foreign government (note: the photos had been provided to a foreign government five months previously, so this restriction is meaningless). [US Department of Justice, 11/2004, pp. 286-7, 293-4 ; New Yorker, 7/10/2006
] Other pictures of the summit are available to the CIA, and there is even video footage (see February 2000 and Mid-May 2001), but these are not shared with the FBI or widely discussed.
May 29, 2001: CIA and FBI Possibly Have Meeting aboutColeand Malaysia Summit, but Nobody Will Later Remember Anything about It
There is some evidence CIA and FBI representatives meet on this day to compare notes about the investigation into the USS Cole bombing and al-Qaeda’s Malaysia summit, but an investigation by the Justice Department’s Office of Inspector General (OIG) will not be able to confirm the meeting takes place, as all the participants say they are unable to recall whether they attended the meeting or not. If the meeting actually occurs, it is probably attended by CIA officer Clark Shannon, FBI agent Dina Corsi, an FBI agent known as “Kathy”, and FBI agent Margaret Gillespie. The topics of discussion may include the state of the Cole investigation and the identification of Khallad bin Attash in photographs of al-Qaeda’s Malaysia summit. Despite the poor memories of the potential attendees, the OIG will later find an email from Shannon to Gillespie saying that they met on this date, and Kathy will say that Shannon’s name sounds familiar. However, the OIG will conclude, “We were unable to determine with certainty whether a meeting… took place on May 29.” [US Department of Justice, 11/2004, pp. 285, 296 ]
June 11, 2001: FBI and CIA Hold Shouting Match over Information on Al-Qaeda; CIA Still Withholds Information
The FBI and the CIA hold a meeting to discuss the investigation into the USS Cole bombing and a possible connection between it and al-Qaeda’s Malaysia summit (see January 5-8, 2000). However, the CIA and FBI headquarters refuse to share all they know, and agents investigating the Cole bombing become angry over this.
Attendees – The meeting, which lasts between two and four hours, is attended by CIA officer Clark Shannon, FBI headquarters agent Dina Corsi, an FBI agent loaned to the CIA named Margaret Gillespie, FBI agent Steve Bongardt, FBI agent Russell Fincher, and Assistant US Attorney David Kelley.
Purpose – Although there is no agenda for the meeting and Corsi will later say it is a brainstorming session, author Lawrence Wright will say that one of the reasons for the meeting is that CIA officer Tom Wilshire, an associate of Shannon’s, “want[ed] to know… what the FBI knew” about al-Qaeda’s Malaysia summit. [ABC News, 8/16/2002; US Department of Justice, 11/2004, pp. 289-294 ; New Yorker, 7/10/2006
] FBI agent Ali Soufan will also say that he later learned that Wilshire “was fishing to see if the FBI knew anything about the men in the photos.” [Soufan, 2011, pp. 243]
Photos Shown – Initially, Bongardt and Fincher brief Shannon on progress in the Cole investigation. Corsi then shows the two Cole investigators three photographs taken at al-Qaeda’s Malaysia summit in 2000 (see January 5-8, 2000), showing future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, and another man, and Shannon asks if the agents recognize Fahad al-Quso, who is thought to have attended the Malaysia summit and has been interviewed by the FBI. However, one of the photos shows Khalid Almihdhar, Nawaf Alhazmi, and a tree, and the CIA has already recognized Almihdhar and Alhazmi, so it is unclear how the Cole investigators are supposed to recognize al-Quso in the photo. Corsi received the photographs from Wilshire, but Wilshire did not provide her with all the relevant information about them (see Late May, 2001).
Questions Asked – Bongardt and Fincher ask who is in the pictures, why were taken, and whether there are other photos of the meeting. Shannon refuses to say, but Corsi eventually admits one of the men is named Khalid Almihdhar. As a name alone is not sufficient reason to start an investigation, Bongardt asks for a date of birth or other details that will allow him to know which Khalid Almihdhar in the world is being discussed, but Shannon refuses to provide them. Shannon admits that Almihdhar was traveling on a Saudi passport and then leaves the meeting. Lawrence Wright will say that providing a date of birth is “standard procedure—the first thing most investigators would do.” Realizing that the photos pertain to the Cole investigation, Bongardt and Fincher become angry at the lack of information being provided and the meeting descends into a “shouting match.” [ABC News, 8/16/2002; US Department of Justice, 11/2004, pp. 289-294 ; New Yorker, 7/10/2006
]
What Shannon Knew – Shannon will later admit that at this time he knew Almihdhar had a US visa, that Alhazmi had traveled to the US in 2000, that al-Qaeda leader Khallad bin Attash had been recognized in one of the photos, and that Alhazmi was known to be an experienced operative. However, he does not tell any of this to any FBI agents, as he apparently thinks he does not have the authority. He does not let them keep copies of the photos either and will give conflicting accounts of the meeting after 9/11 (see Between September 12, 2001 and October 17, 2002). [US Congress, 7/24/2003 ; US Department of Justice, 11/2004, pp. 289-292
]
Corsi Withholds Information – Corsi has NSA information saying Almihdhar and Alhazmi attended the Malaysia meeting, but apparently believes that the Cole agents cannot be told more because of restrictions on sharing intelligence with criminal agents (see July 19, 1995). However, one of the Cole agents present is an intelligence agent, so the information can be communicated to him immediately without Corsi obtaining permission from the NSA and/or Justice Department. In addition, the NSA sent the information to the FBI’s New York field office, where the Cole investigators are based, in 1999 (see December 1999-January 2000). Furthermore, when she asks the NSA’s permission to share the information 10 weeks later, the NSA approves the request on the same day (see August 27-28, 2001). She does not share the information at this time, but promises Bongardt and Fincher to try to do so later. The Cole agents will not receive more information for months. [US Congress, 9/20/2002; 9/11 Commission, 7/24/2004, pp. 269, 537]
Almihdhar Gets New Visa – Two days after this meeting, Almihdhar has no trouble getting a new, multiple reentry US visa (see May 2001 and June 13, 2001). [US News and World Report, 12/12/2001; US Congress, 9/20/2002]
July 13, 2001: CIA Reexamines Al-Qaeda Malaysia Summit but ‘Major League Killer’ Is Not Put on Watch List
Tom Wilshire, a CIA manager assigned to the FBI who expressed interest two months earlier in surveillance photos from the al-Qaeda Malaysia summit (see January 5-8, 2000), now finds a cable he had been looking for regarding that summit. The cable, from January 2001, discusses al-Qaeda leader Khallad bin Attash’s presence at the summit. Wilshire explains later that bin Attash’s presence there had been troubling him. He writes an e-mail to the CIA’s Counterterrorist Center (CTC), stating, “[Khallad] is a major league killer, who orchestrated the Cole attack (see October 12, 2000) and possibly the Africa bombings (see 10:35-10:39 a.m., August 7, 1998).” Yet Khallad is still not put on a terrorist watch list. Wilshire asks that the FBI be passed this information, but the FBI will not actually be given the information until August 30, a week after it learns future 9/11 hijacker Khalid Almihdhar is in the US. [US Congress, 7/24/2003, pp. 157 ; US Department of Justice, 11/2004, pp. 298
] Although the CIA managers that receive this e-mail are not named, Richard Blee, in charge of the CIA’s bin Laden unit and Wilshire’s former boss, appears to be one of the recipients: On the same day Wilshire sends this e-mail, Blee writes his own e-mail entitled “Identification of Khallad,” which is sent to another CIA officer. [Central Intelligence Agency, 7/13/2001; 9/11 Commission, 7/24/2004, pp. 537] An FBI analyst assigned to the CTC is given the task of reviewing all other CIA cables about the Malaysian summit. It takes this analyst until August 21—over five weeks later—to put together that Khalid Almihdhar had a US visa and that Nawaf Alhazmi had traveled to the US. Yet other CIA agents are already well aware of these facts but are not sharing the information (see August 22, 2001). Working with immigration officials, this analyst then learns that Almihdhar entered and left the US in 2000, and entered again on July 4, 2001, and that Alhazmi appears to still be in the US. [US Congress, 7/24/2003, pp. 157
; US Department of Justice, 11/2004, pp. 298
]
July 23, 2001: CIA Officer Says Al-Qaeda Leader’s Associates like 9/11 Hijacker Almihdhar Are of ‘Very High Interest,’ Mentions Mysterious Almihdhar Connection
Due to a lack of response to a previous request that information about the Cole bombing and al-Qaeda’s Malaysia summit be passed to the FBI (see July 13, 2001), CIA officer Tom Wilshire e-mails another CIA manager asking about the request’s status. The manager’s identity is unknown, but the previous request was received by Richard Blee, a close associate of Wilshire’s who is responsible for the CIA’s bin Laden unit (see June 1999 and Between Mid-January and July 2000), so presumably he receives this request as well. Wilshire writes: “When the next big op is carried out by [Osama bin Laden’s] hardcore cadre, [Khallad bin Attash] will be at or near the top of the command food chain—and probably nowhere near either the attack site or Afghanistan. That makes people who are available and who have direct access to him of very high interest. Khalid [Almihdhar] should be very high interest anyway, given his connection to the [redacted].” The name of the redacted event or entity is unclear. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] However, it could be a mention of Almihdhar’s role in the 1998 US embassy bombings in East Africa, since the CIA was aware of that from at least January 2000 (see 9:30 a.m. – 4:00 p.m. January 5, 2000). Or, more likely, it could be a mention of Almihdhar’s role in the 2000 USS Cole bombing (see October 12, 2000), since Wilshire mentioned earlier in the month that Almihdhar could be linked to the Cole bombers (see July 5, 2001).
Before August 22, 2001: FBI Headquarters Agent Learns Al-Qaeda Leader Attended Malaysia Summit with 9/11 Hijackers, Investigation Fails to Discover How
FBI headquarters agent Dina Corsi learns that al-Qaeda leader Khallad bin Attash attended a summit in Malaysia that was also attended by 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 5-8, 2000); an e-mail sent by Corsi on this date contains the first reference in FBI documents to bin Attash’s presence at the Malaysia summit. Although it is her job to support the investigation into the attack on the USS Cole (see October 12, 2000), which bin Attash commanded, and she is aware that bin Attash is important to the Cole investigation, even saying that she is focused on his identity and whereabouts, she fails to communicate this information to the agents investigating the bombing, who do not receive it before 9/11 (see August 30, 2001). After 9/11, she will say she cannot recall how she learned this information and an investigation by the Justice Department’s Office of Inspector General will fail to find any documents that cast light on the matter. Although she does not do anything with this information before another FBI agent tells her Khalid Almihdhar is in the US (see August 21-22, 2001), she will later say that the information bin Attash was at the Malaysia summit was important, as it connected Almihdhar and Alhazmi to the Cole bombing. She will also say that CIA officers Tom Wilshire and Clark Shannon, who she discussed al-Qaeda’s Malaysia summit with and who knew that bin Attash was in Malaysia with Alhazmi and Almihdhar (see Late May, 2001, Mid-May 2001 and June 11, 2001), did not give her this information. Although Corsi and others know that bin Attash is an important al-Qaeda leader, he is not watchlisted at this point, although one of his aliases is watchlisted in August (see August 23, 2001). [US Department of Justice, 11/2004, pp. 280, 284, 286, 293, 296, 302 ]
August 23, 2001: 9/11 Hijackers Alhazmi and Almihdhar Are Finally Added to Terrorist Watch List
Thanks to the request of Margaret Gillespie, an FBI analyst assigned to the CIA’s Counter Terrorism Center, the CIA sends a cable to the State Department, INS, Customs Service, and FBI requesting that “bin Laden-related individuals” Nawaf Alhazmi, Khalid Almihdhar, Ahmad Hikmat Shakir, and Salah Saeed Mohammed bin Yousaf (an alias for Khallad bin Attash) be put on the terrorism watch list. All four individuals had attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000). The cable mostly focuses on Almihdhar, briefly outlining his attendance at the Malaysia summit and his subsequent travel to the US in January 2000 and July 2001. Since March 2000, if not earlier, the CIA has had good reason to believe Alhazmi and Almihdhar were al-Qaeda operatives living in the US, but apparently did nothing and told no other agency about it until now. The hijackers are not located in time, and both die in the 9/11 attacks. FBI agents later state that if they been told about Alhazmi and Almihdhar sooner, “There’s no question we could have tied all 19 hijackers together” given the frequent contact between these two and the other hijackers. [Newsweek, 6/2/2002; 9/11 Commission, 7/24/2004, pp. 538; US Department of Justice, 11/2004, pp. 32-36, 302] However, in what the Washington Post calls a “critical omission,” the FAA, the Treasury Department’s Financial Crimes Enforcement Network, and the FBI’s Financial Review Group are not notified. The two latter organizations have the power to tap into private credit card and bank data, and claim they could have readily found Alhazmi and Almihdhar, given the frequency the two used credit cards. [Washington Post, 7/25/2003] Furthermore, counterterrorism chief Richard Clarke and his Counterterrorism Security Group are not told about these two operatives before 9/11 either. [Newsweek, 3/24/2004] The CIA later claims the request was labeled “immediate,” the second most urgent category (the highest is reserved for things like declarations of war). [Los Angeles Times, 10/28/2001] The FBI denies that it was marked “immediate” and other agencies treated the request as a routine matter. [Los Angeles Times, 10/18/2001; US Congress, 9/20/2002] The State Department places all four men on the watch list the next day. [US Congress, 7/24/2003 ] However, this watch list, named TIPOFF, checks their names only if they use international flights. There is another watch list barring suspected terrorists from flying domestically. On 9/11, it contains only 12 names, including Khalid Shaikh Mohammed and other al-Qaeda figures, and some names are added as late as August 28, 2001. But none of these four men are added to this domestic list before 9/11.(see April 24, 2000). [9/11 Commission, 1/26/2004]