John O’Neill, special agent in charge of the FBI’s national security division in New York, has his briefcase, which contains important classified information, stolen when he leaves it unattended during a conference and he will subsequently be placed under investigation over the incident. [New Yorker, 1/14/2002; PBS, 10/3/2002] O’Neill is required to attend a pre-retirement conference in Orlando, Florida, even though he currently has no plans to retire from the FBI. He brings his division’s annual field office report with him, so he can complete it during the event. The important document outlines every counterterrorism and counterespionage case in New York, and will be used to help determine his division’s future funding levels. During the seminar, O’Neill sits at the back of the conference room so he can ignore the presentations and instead work on the report.
Briefcase Is Taken While O’Neill Makes a Phone Call – His pager goes off during the seminar. He goes out of the room to return the call, but leaves his briefcase in the room unattended while he does so. When he returns a few minutes later, he finds the other agents at the conference have left for lunch. Moreover, his briefcase is missing. He immediately realizes the seriousness of this. [Weiss, 2003, pp. 278-280; Wright, 2006, pp. 317; Graff, 2011, pp. 260] FBI agents are prohibited from removing classified documents from their offices without authorization and violations can be punished by censure, suspension, or dismissal, depending on how serious they are. [New York Times, 8/19/2001] Furthermore, the annual field office report contains strategic plans that show what the FBI is doing around the issues of terrorism and counterintelligence. O’Neill knows if it fell into the hands of foreign agents or enemies of the US, these people would have details of every case the FBI is working on under his command. The report is “the crown jewel of an FBI office” and, “in the wrong hands, it would undo years of the entire division’s work,” journalist and author Garrett Graff will later comment.
Briefcase Is Found with the Report Still Inside – O’Neill immediately calls the local police to report the theft. He then calls his boss, Barry Mawn, director of the FBI’s New York office, and Neil Gallagher, the head of the FBI’s national security division, and tells them what has happened. FBI Director Louis Freeh and Attorney General Janet Reno will subsequently be notified of the incident. Fortunately, the briefcase is found a few hours later in a nearby hotel. It appears to have been stolen by a petty thief who was unaware of the value of the documents in it, since the annual field office report is still there. All that has been taken are O’Neill’s Montblanc pen, his silver cigar cutter, and an expensive lighter. FBI fingerprint examiners will soon determine that no one has touched the report.
FBI Will Investigate the Incident – All the same, the FBI’s Office of Professional Responsibility (OPR) will promptly launch an investigation to determine whether any criminal charges should be brought against O’Neill over the incident. There will also be an internal investigation to determine if O’Neill violated FBI guidelines and should be punished. [Weiss, 2003, pp. 280-281; Wright, 2006, pp. 317; Graff, 2011, pp. 260] The OPR inquiry will end in the summer of 2001 with a decision not to prosecute and O’Neill will retire from the FBI before the internal investigation has been completed (see August 22, 2001). [New York Times, 8/19/2001; New Yorker, 1/14/2002] O’Neill is “the FBI’s top expert on al-Qaeda and Osama bin Laden,” according to New York magazine. [New York Magazine, 12/17/2001] He previously got into trouble for taking his longtime girlfriend to a secret FBI garage and letting her use the bathroom there (see Summer 1999). [Graff, 2011, pp. 260-261]
August 19, 2001: New York Times Reports that the FBI Is Investigating Its Top Al-Qaeda Expert
An article in the New York Times reveals that the FBI has launched an internal investigation of John O’Neill, one of its most senior counterterrorism officials, for losing a briefcase that contained highly classified information. [New York Times, 8/19/2001] O’Neill, special agent in charge of the FBI’s national security division in New York, had his briefcase, which contained his division’s annual field office report, stolen when he left it unattended during a conference in Orlando, Florida, in July 2000 (see July 2000). The briefcase was found a few hours later with the report still in it. [Wright, 2006, pp. 317; Graff, 2011, pp. 260] However, the FBI’s Office of Professional Responsibility immediately launched an investigation to determine whether any criminal charges should be brought against O’Neill. [Weiss, 2003, pp. 281] That investigation recently ended with a decision not to prosecute, but the FBI’s internal affairs unit subsequently began an investigation to determine whether O’Neill had violated FBI rules. According to the Times: “FBI officials were alarmed, in part, because of the sensitivity of the documents involved, including details about the bureau’s counterterrorism and counterintelligence operations. One document contained highly sensitive information about an FBI source.” [New York Times, 8/19/2001]
Story Appears Timed to Stop O’Neill Getting a Job on the NSC – The New Yorker will later comment that the leaking of the details of the FBI investigation to the Times “seemed to be timed to destroy O’Neill’s chance of being confirmed for [a National Security Council] job.” The leak was “somebody being pretty vicious to John,” Thomas Pickard, acting FBI director, will say. [New Yorker, 1/14/2002]
Several Officials Will Be Suspected of Being the Article’s Source – A number of people will be suspected of leaking the details of the investigation to the Times. [Weiss, 2003, pp. 347] O’Neill will suspect Pickard. The acting director “was out to get John for a long time and John never really knew why,” Valerie James, O’Neill’s longtime girlfriend, will say. Pickard will deny being the leaker, though, when O’Neill confronts him about the issue. [PBS, 10/3/2002] Other possible sources of the leak, according to journalist and author Murray Weiss, include Dale Watson, assistant director of the FBI’s counterterrorism division; Barbara Bodine, the US ambassador to Yemen; and Richard Clarke, the White House counterterrorism chief. [Weiss, 2003, pp. 347]
O’Neill Has Overseen Major Terrorism Investigations – O’Neill’s job is among the most powerful in the FBI, and O’Neill has overseen cases such as the bombings of the US embassies in Kenya and Tanzania in August 1998 (see 10:35-10:39 a.m., August 7, 1998), and the attack on the USS Cole in Yemen in October 2000 (see October 12, 2000). [New York Times, 8/19/2001] He is the FBI’s “most committed tracker of Osama bin Laden and his al-Qaeda network of terrorists,” according to the New Yorker. But he will retire from the FBI on August 22 and take up a new job as head of security at the World Trade Center a day later (see August 22, 2001 and August 23, 2001). [New Yorker, 1/14/2002; Weiss, 2003, pp. 349-350]
Afternoon March 7, 2002: After Being Rebuffed by Own Superiors, FBI Whistleblower Sends Letters to Senators and FBI Internal Investigation Departments
FBI translator Sibel Edmonds writes letters to the Justice Department’s internal affairs division, known as the Office of Professional Responsibility, and its office of inspector general, describing her allegations against co-worker Melek Can Dickerson (see Afternoon February 12, 2002). Edmonds also sends faxes alleging possible national security breaches to the Senate Intelligence Committee and Senators Charles Grassley (R-IA) and Patrick Leahy (D-VT), both of whom sit on the Senate Judiciary Committee. [Vanity Fair, 9/2005]