President Clinton appoints Louis Freeh to be the new director of the FBI. Freeh was once an FBI field agent. He will forge alliances with Republicans in Congress. This will drive a wedge between the FBI and Clinton’s White House and national security staff. Freeh will retire in the summer of 2001 (see May 1, 2001). The New York Times will later claim that he “left the FBI badly damaged. Lawmakers in both parties clamored for change at an agency they attacked as ineptly managed, resistant to change, and unwilling to admit mistakes.” [New York Times, 6/2/2002] Increasingly opposed to Clinton, Freeh develops a secret back-channel relationship with former president George H. W. Bush. He uses this relationship to liaison with the Saudi royal family without Clinton’s knowledge. [Trento, 2005, pp. 351]
1995-1996: Reports: FBI Watches Hamas Supporters But Make No Arrests
In January 1995, the New York Times reports, “For more than a year the Federal Bureau of Investigation has closely monitored supporters of the Palestinian terrorist group Hamas in several cities, including Washington, Chicago, Los Angeles, Detroit, and Dallas.” [New York Times, 1/26/1995] In August 1995, the Times reports, “For well over a year, the FBI has monitored Hamas supporters in several American cities.” [New York Times, 8/16/1995] On March 12, 1996, FBI Director Louis Freeh says to Congress, “We have several instances where we have been able to show the transfer of substantial cash funds from the US to areas in the Mideast where we could show Hamas received, and even made expenditure of, those funds.” He says some of the money raised is sent back from the Middle East to the US to support and expand phony front organizations for Hamas. The FBI, he adds, has a “very inadequate picture of what perhaps is much greater activity” in the US. He notes the difficulty of tracing “those funds to actual military or terrorist operations anywhere outside the US.” Hamas leaders say any such money raised is used for charitable and humanitarian purposes. (Legally, after 1995 it became a crime in the US to fund Hamas, no matter how they spent their money (see January 1995)) In 1997, a Congressional analyst will say it is estimated Hamas receives from 30 percent to 80 percent of its budget from sources inside the US. [New York Daily News, 3/13/1996; Associated Press, 5/26/1997] But in 2002, FBI agent Robert Wright will claim, “Against the wishes of some at the FBI in 1995, when I uncovered criminal violations in several of my cases, I promptly initiated active terrorism criminal investigations on these subjects. I developed probable cause to believe that some of these transfers or transmissions had been of money intended to be used in the support of domestic and international terrorism activities. The illegal transfers that supported specific terrorist activities involving extortion, kidnapping, and murder…” Much of Wright’s evidence will focus on Hamas figures Mohammad Salah and Mousa Abu Marzouk. [Federal News Service, 5/30/2002] FBI agent Joe Hummel will say in 1997 that he has evidence “millions of dollars” passed through the bank accounts of Marzouk. But even though Marzouk is in US custody, he will merely be deported later in 1997 (see July 5, 1995-May 1997). [Associated Press, 5/26/1997] Federal prosecutor Mark Flessner will later claim that Wright and others in the Vulgar Betrayal investigation were building a strong criminal case against some in this Hamas support network, but they were not allowed to charge anyone no matter how strong their evidence was (see October 1998). [Federal News Service, 5/30/2002] In March 2002, the FBI will still publicly claim that it is watching an “elaborate network” of Hamas supporters in the US (see March 15, 2002).
January 1995-April 1996: FBI and Treasury Cancel Raid on Suspected Charity
As President Clinton issues an executive order making it a felony to raise or transfer funds to designated terrorist groups or their front organizations (see January 1995), counterterrorism “tsar” Richard Clarke and Treasury official Richard Newcomb look for opportunities to use the new power. They review files to see if there are any clear cut cases to use it on. They decide that the Holy Land Foundation is in violation of the new order. Customs officials prepare to raid Holy Land’s headquarters in Arlington, Texas, and seize all their assets. However, FBI Director Louis Freeh and Treasury Secretary Bob Rubin object. Both claim the executive order might not hold up to legal challenges. Freeh additionally says he is concerned with alienating Arabs in the US, and Rubin is afraid the raid might discourage investment in the US. The raid is cancelled. [New York Times, 1/26/1995; Clarke, 2004, pp. 98] The FBI is also aware of a public event held in January where the leader of Hamas’ political wing is the keynote speaker. He urges the crowd, “I am going to speak the truth to you. It’s simple. Finish off the Israelis. Kill them all! Exterminate them! No peace ever!” Holy Land raises over $200,000 for Hamas from the event. The same speaker helps Holy Land raise money with many other events in the US. [Los Angeles Times, 12/6/2001; Associated Press, 3/15/2002] After Hamas leader Mousa Abu Marzouk is arrested trying to enter the US in July 1995 (see July 5, 1995-May 1997), agents who search his belongings find financial records showing that he invested $250,000 in Holy Land in 1992. Holy Land continues to pay him monthly profits on his investment even after Hamas was declared a terrorist organization and news of his arrest made the front pages of US newspapers (in fact, Holy Land will continue to pay him through 2001). Although Holy Land is in clear violation of the law, the raid still does not occur. [Dallas Morning News, 12/19/2002] In 1996, Congress will pass a law that confirms it is illegal to financially support officially designated terrorism groups such as Hamas. (see April 25, 1996). Clarke has never explained why Holy Land is not raided after the passage of this law, or in subsequent years when yet more evidence of terrorist ties are uncovered (see 1997; September 16, 1998-September 5, 2001). Holy Land will finally be raided after 9/11 (see December 4, 2001), largely on the basis of evidence collected in 1993 (see October 1993). In 2004, the US government will claim that Holy Land raised over $12 million for Hamas between January 1995, when funding Hamas became illegal in the US, and December 2001, when Holy Land was shut down. [Immigration and Customs Enforcement, 7/27/2004]
January-May 1996: US Fails to Capture KSM Living Openly in Qatar
Since Operation Bojinka was uncovered in the Philippines (see January 6, 1995), many of the plot’s major planners, including Ramzi Yousef, are found and arrested. One major exception is 9/11 mastermind Khalid Shaikh Mohammed (KSM). He flees to Qatar in the Persian Gulf, where he has been living openly using his real name, enjoying the patronage of Abdallah bin Khalid al-Thani, Qatar’s Interior Minister and a member of the royal family (see 1992-1996). [ABC News, 2/7/2003] He had accepted al-Thani’s invitation to live on his farm around 1992 (see 1992-1995). The CIA learned KSM was living in Qatar in 1995 after his nephew Ramzi Yousef attempted to call him there while in US custody (see After February 7, 1995-January 1996). The Sudanese government also tipped off the FBI that KSM was traveling to Qatar. Some CIA agents strongly urged action against KSM after his exact location in Qatar was determined, but no action was taken (see October 1995). In January 1996, KSM is indicted in the US for his role in the 1993 WTC bombing, and apparently this leads to an effort to apprehend him in Qatar that same month. FBI Director Louis Freeh sends a letter to the Qatari government asking for permission to send a team after him. [Los Angeles Times, 12/22/2002] One of Freeh’s diplomatic notes states that KSM was involved in a conspiracy to “bomb US airliners” and is believed to be “in the process of manufacturing an explosive device.” [New Yorker, 5/27/2002] Qatar confirms that KSM is there and is making explosives, but they delay handing him over. After waiting several months, a high-level meeting takes place in Washington to consider a commando raid to seize him. However, the raid is deemed too risky, and another letter is sent to the Qatari government instead. One person at the meeting later states, “If we had gone in and nabbed this guy, or just cut his head off, the Qatari government would not have complained a bit. Everyone around the table for their own reasons refused to go after someone who fundamentally threatened American interests….” [Los Angeles Times, 12/22/2002] Around May 1996, Mohammed’s patron al-Thani makes sure that Mohammed and four others are given blank passports and a chance to escape. A former Qatari police chief later says the other men include Ayman al-Zawahiri and Mohammed Atef, al-Qaeda’s number two and number three leaders, respectively (see Early 1998). [Los Angeles Times, 9/1/2002; ABC News, 2/7/2003] In 1999, the New York Times will report that “Although American officials said they had no conclusive proof, current and former officials said they believed that the Foreign Minister [Sheik Hamed bin Jasim al-Thani] was involved, directly or indirectly” in tipping off KSM. [New York Times, 7/8/1999] KSM will continue to occasionally use Qatar as a safe haven, even staying there for two weeks after 9/11 (see Late 2001).
April 25, 1996: New Anti-Terrorism Law Passed
President Clinton signs the Antiterrorism and Effective Death Penalty Act, which the New York Times calls “broad legislation that provides new tools and penalties for federal law-enforcement officials to use in fighting terrorism.” The Clinton administration proposed the bill in the aftermath of the Oklahoma City terrorist bombing (see 8:35 a.m. – 9:02 a.m. April 19, 1995). In many ways, the original bill will be mirrored by the USA Patriot Act six years later (see October 26, 2001). Civil libertarians on both the left and right opposed the legislation. Political analyst Michael Freeman called the proposal one of the “worst assaults on civil liberties in decades,” and the Houston Chronicle called it a “frightening” and “grievous” assault on domestic freedoms. Many Republicans opposed the bill, and forced a compromise that removed increased wiretap authority and lower standards for lawsuits against sellers of guns used in crimes. CNN called the version that finally passed the Republican-controlled Congress a “watered-down version of the White House’s proposal. The Clinton administration has been critical of the bill, calling it too weak. The original House bill, passed last month, had deleted many of the Senate’s anti-terrorism provisions because of lawmakers’ concerns about increasing federal law enforcement powers. Some of those provisions were restored in the compromise bill.” [CNN, 4/18/1996; New York Times, 4/25/1996; Roberts, 2008, pp. 35] An unusual coalition of gun rights groups such as the National Rifle Association (NRA) and civil liberties groups such as the American Civil Liberties Union (ACLU) led the opposition to the law. [New York Times, 4/17/1996] By the time Congress passed the bill, it had been, in the words of FBI Director Louis Freeh, “stripped… of just about every meaningful provision.” [Roberts, 2008, pp. 35] The law makes it illegal in the US to provide “material support” to any organization banned by the State Department. [Guardian, 9/10/2001]
May 8, 1998: FBI Announces Its Highest Goal Is to Prevent, Detect and Deter Terrorism
FBI Director Louis Freeh announces a strategic plan for his agency. He notes that domestic counterterrorism falls “almost exclusively within the jurisdiction of the FBI.” He summarizes the FBI’s policy on terrorism established in 1998: “Some terrorism now comes from abroad. Some terrorism is home-grown. But whatever its origin, terrorism is deadly and the FBI has no higher priority than to combat terrorism, to prevent it where possible. Our goal is to prevent, detect and deter.” [US Congress, 10/8/2002]
November 4, 1998: US Issues Public Indictment of Bin Laden, Others for Embassy Bombings
The US publicly indicts bin Laden, Mohammed Atef, and others for the US embassy bombings in Kenya and Tanzania. Bin Laden had been secretly indicted on different charges earlier in the year in June (see June 8, 1998). Record $5 million rewards are announced for information leading to his arrest and the arrest of Mohammed Atef. [PBS Frontline, 2001] Shortly thereafter, bin Laden allocates $9 million in reward money for the assassinations of four US government officials in response to the reward on him. A year later, it is learned that the secretary of state, defense secretary, FBI director, and CIA director are the targets. [US Congress, 9/18/2002; MSNBC, 9/18/2002; US Congress, 7/24/2003 
]
Mid-1999-November 1999: Data Mining Study Causes Controversy by Connecting Prominent US Figures to Chinese Military Weapons Purchases
A report commissioned in mid-1999 by Rep. Curt Weldon (R-PA) looks into possible Chinese front companies in the US seeking technology for the Chinese military. Dr. Eileen Preisser and Michael Maloof are commissioned to make the report. Dr. Preisser, who runs the Information Dominance Center at the US Army’s Land Information Warfare Activity (LIWA) and will later become closely tied to Able Danger, uses LIWA’s data mining capabilities to search unclassified information. According to Maloof, their results show Chinese front companies in the US posing as US corporations that acquire technology from US defense contractors. When the study is completed in November 1999, the General Counsel’s office in the Office of the Defense Secretary orders the study destroyed. Weldon complains about this to Army Chief of Staff Eric Shinseki, and apparently delays the destruction of the report. Weldon also writes a letter to FBI Director Louis Freeh requesting an espionage investigation into these Chinese links, but Freeh never responds to this. [Washington Times, 10/9/2005] As part of this report, LIWA analysts had produced a chart of Chinese strategic and business connections in the US. But this data mining effort runs into controversy when the chart apparently shows connections between future National Security Adviser Condoleezza Rice, former Defense Secretary William Perry, and other prominent US figures, and business deals benefiting the Chinese military. [New York Post, 8/27/2005; Washington Times, 9/22/2005] The China chart was put together by private contractor James D. Smith, who will come forward in August 2005 to corroborate revelations about the Able Danger unit and its findings (see August 22-September 1, 2005). The New York Post later says there is “no suggestion that Rice or any of the others had done anything wrong.” [New York Post, 8/27/2005] However, articles first appear one month later and through 2001 in the conservative publications WorldNetDaily and NewsMax, which connect Perry and Rice to Hua Di, a Chinese missile scientist and possible spy, and question the nature of their relationship with him. [WorldNetDaily, 12/21/1999; WorldNetDaily, 4/5/2000; NewsMax, 1/24/2001] Di defected to the US in 1989 and worked most of the 1990s at Stanford University’s Center for International Security and Arms Control, which was co-directed by Perry. Di later returned to China and is subsequently sentenced to ten years in prison for writing influential articles said to reveal vital Chinese state secrets. [Stanford Report, 2/7/2001] However, other accounts claim that he was in fact passing on disinformation through these articles, successfully misleading the US military for a couple of years about the abilities of certain Chinese missile programs. [WorldNetDaily, 12/21/1999] Additionally, Hua Di teamed in 1994 with Stanford professor Dr. John Lewis and William Perry to buy an advanced AT&T fiber-optic communications system for “civilian” use inside China that instead is used by the Chinese army. The General Accounting Office later criticized the sale. In 1997, Stanford University investigated Dr. Lewis for his role in it, but Condoleezza Rice, serving as a Stanford provost at the time, apparently stopped the investigation. [WorldNetDaily, 4/5/2000; NewsMax, 1/24/2001] Able Danger and LIWA’s data mining efforts will be severely proscribed in April 2000 as part of the fallout from this China controversy (see April 2000), and the destruction of their collected data will follow shortly thereafter (see May-June 2000).
October 10, 1999: US Deports Suspect in Khobar Towers Bombing to Saudi Arabia, Where He Is Allegedly Tortured
The US deports Hani El-Sayegh, a Saudi National who is a suspect in the 1996 Khobar Towers bombing (see June 25, 1996), back to Saudi Arabia. [Grey, 2007, pp. 247] The deportation is approved by a US judge. [Washington Post, 10/29/2000]
History – In 1996, el-Sayegh, who had been living in Iran, moved to Kuwait. He later went to Canada, where he cut a deal with American officials that called for him to plead guilty in an unrelated plot against Americans in Saudi Arabia that was never carried out. In 1997, Canada expelled el-Sayegh for suspected terrorist activity. Attorney General Janet Reno allowed him into the United States solely for prosecution under the pact. But after arriving, he said he had not understood the accord, knew nothing about the Khobar attack, and was out of Saudi Arabia when the bombing occurred. Despite this, the Saudis suspected him of being present at the bombing and his brother was held in connection with it, and allegedly tortured in a Saudi jail. [New York Times, 10/12/1999]
Agreement – The deportation follows an agreement between FBI Director Louis Freeh and Prince Naif, Saudi Arabia’s interior minister. Under the agreement, el-Sayagh is returned to Saudi Arabia, and, according to officials familiar with the arrangement, FBI agents will be allowed to watch his interrogation through a one-way mirror and submit questions to his Saudi inquisitors. Washington Post journalist David Vine will comment, “Such practices are sharply at odds with Freeh’s oft-stated message about the FBI’s need to respect human dignity and the tenets of democracy while fighting crime.” Although FBI officials will say a year later they have not seen any indication that el-Sayegh has been tortured, Vine will add, “But agents say privately that when entering a foreign culture to do police work they do not have control over how prisoners are treated and must tread lightly.” [Washington Post, 10/29/2000]
Khobar Towers Attack Could Have Been Prosecuted in US – The Khobar Towers attacks may have been in Saudi Arabia, but were against US nationals, so suspects can be prosecuted in the US. Tony Karon of Time magazine will express surprise at the deportation: “Run that one by again: The United States doesn’t want to try a man suspected of a bomb attack that killed Americans—and they’re sending him home?!” However, the Justice Department apparently thinks there is not enough evidence to try him in the US, and, according to Time correspondent William Dowell, “Clearly, there’s a lower standard of proof in Saudi courts,” so, “It may be easier for Washington if the Saudis handle the trial—and the execution, which would likely follow.”
Possible Geopolitical Motive – According to Karon, an alternative explanation is that geopolitics may be behind the decision: “Sending el-Sayegh… back to Saudi Arabia could solve another touchy problem for Washington.” This is because President Clinton said the US would retaliate against any government that was involved in the attacks, and an Iranian hand is suspected in the bombing. However, according to Time Middle East bureau chief Scott Macleod: “the attack occurred before the election of President Khatami, who has clearly demonstrated a commitment to end state terrorism and normalize Iran’s relations with the rest of the world. Given Washington’s desire to strengthen his reformist government against its hard-line opponents, the US would be unlikely to take military action against Iran unless there were fresh acts of terrorism.” [Time, 10/5/1999]
January 6, 2000: CIA Informs FBI Leaders about Al-Qaeda Malaysia Summit but Fails to Mention One Attendee Has US Visa
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]
