Congressman Porter Goss (R-FL), Chairman of the House Intelligence Committee, later says on the intelligence monitoring of US-designated terrorist groups, “The chatter level [goes] way off the charts” around this time and stays high until 9/11. Given Goss’s history as a CIA operative, presumably he is kept “in the know” to some extent. [Los Angeles Times, 5/18/2002] A later Congressional report will state: “Some individuals within the intelligence community have suggested that the increase in threat reporting was unprecedented, at least in terms of their own experience.” [US Congress, 9/18/2002] Two counterterrorism officials later describe the alerts of this summer as “the most urgent in decades.” [US Congress, 9/18/2002]
August 28-30, 2001: US Politicians Visit Pakistan and Discuss Bin Laden
Senator Bob Graham (D-FL), Representative Porter Goss (R-FL), and Senator Jon Kyl (R-AZ) travel to Pakistan and meet with President Pervez Musharraf. They reportedly discuss various security issues, including the possible extradition of bin Laden. They also meet with Abdul Salam Zaeef, the Taliban ambassador to Pakistan. Zaeef apparently tells them that the Taliban wants to solve the issue of bin Laden through negotiations with the US. Pakistan says it wants to stay out of the bin Laden issue. [Agence France-Presse, 8/28/2001; Salon, 9/14/2001]
8:00 a.m. September 11, 2001: Intelligence Committee Chairs Meet with ISI Head and Possible 9/11 Attack Funder as the Attack Occurs
Around 8:00 a.m., on September 11, 2001, ISI Director Lt. Gen. Mahmood Ahmed is at a breakfast meeting at the Capitol with the chairmen of the House and Senate Intelligence Committees, Senator Bob Graham (D-FL) and Representative Porter Goss (R-FL), a 10-year veteran of the CIA’s clandestine operations wing. Also present at the meeting are Senator Jon Kyl (R-AZ) and the Pakistani ambassador to the US, Maleeha Lodhi, as well as other officials and aides. (Goss, Kyl, and Graham had just met with Pakistani President Pervez Mushrraf in Pakistan two weeks earlier (see August 28-30, 2001)). [Salon, 9/14/2001; Washington Post, 5/18/2002] Graham and Goss will later co-head the joint House-Senate investigation into the 9/11 attacks, which will focus on Saudi government involvement in the 9/11 attacks, but will say almost nothing about possible Pakistani government connections to al-Qaeda and the 9/11 attacks (see August 1-3, 2003 and December 11, 2002). [Washington Post, 7/11/2002] Note that Senator Graham should have been aware of a report made to his staff the previous month (see Early August 2001) that one of Mahmood’s subordinates had told a US undercover agent that the WTC would be destroyed. Some evidence suggests that Mahmood ordered that $100,000 be sent to hijacker Mohamed Atta (see October 7, 2001).
Pakistan’s Demands – Graham will later say of the meeting: “We were talking about terrorism, specifically terrorism generated from Afghanistan.” The New York Times will report that bin Laden is specifically discussed. [Vero Beach Press Journal, 9/12/2001; Salon, 9/14/2001; New York Times, 6/3/2002] The US wants more support from Pakistan in its efforts to capture bin Laden. However, Mahmood says that unless the US lifts economic sanctions imposed on Pakistan and improves relations, Pakistan will not oppose the Taliban nor provide intelligence and military support to get bin Laden. He says, “If you need our help, you need to address our problems and lift US sanctions.” He also encourages the US to engage the Taliban diplomatically to get them to change, instead of isolating them. Pakistani journalist Ahmed Rashid will later comment, “It was absurd for Mahmood to insist now that the Americans engage with the Taliban, when [Pakistan’s] own influence over them was declining and al-Qaeda’s increasing.”
Meeting Interrupted by 9/11 Attacks – Zamir Akram, an accompanying Pakistani diplomat, leaves the room for a break. While outside, he sees a group of Congressional aides gathered around a television set. As Akram walks up to the TV, he sees the second plane crashing into the World Trade Center. He immediately runs back to the meeting to the tell the others. But even as he gets there, a congressional aide comes in to say that Capitol Hill is being evacuated. The aide says, “There is a plane headed this way.” Mahmood and the rest of the Pakistani delegation immediately leave and attempt to return to the Pakistani embassy. But they are stuck in traffic for three hours before they get there. [Rashid, 2008, pp. 26-27]
Spring 2002: Much of Al-Qaeda’s Management Council Detained in Iran, Held as Bargaining Chips with US
In the spring on 2002, as the Taliban is collapsing in Afghanistan, many al-Qaeda operatives flee into neighboring Iran. About 20 to 25 operatives composing much of al-Qaeda’s management council are said to wind up in the custody of Iran’s Revolutionary Guard. Prior to this point, the Iranian government has been turning over most al-Qaeda captives to other countries, but after President Bush’s “Axis of Evil” speech criticizing Iran (see January 29, 2002), Iran decides to keep this group. [Washington Post, 7/9/2004] Iran does not officially admit to holding them, and their status is unclear, but they all seem to be living in a village near the Caspian Sea. One senior US intelligence official says, “They are under virtual house arrest,” and not able to do much. Those said to be in Iranian custody include: 
Saif al-Adel, one of al-Qaeda’s top military commanders. Suliman abu Ghaith, al-Qaeda spokesman. Saad and Hamza bin Laden, two of Osama bin Laden’s young sons. Abu Dahak, who served as al-Qaeda’s liaison to the rebels in Chechnya. Mustafa Abu al-Yazid, a financial expert. Two unnamed top aides to Ayman al-Zawahiri. [MSNBC, 6/24/205] Thirwat Salah Shehata, a member of Islamic Jihad’s ruling council, who is probably one of the al-Zawahiri aides mentioned above. [MSNBC, 5/2005] Mustafa Hamza, head of Al-Gama’a al-Islamiyya, an Egyptian militant group, and an al-Qaeda leader as well (see June 26, 1995). In late 2004, he will be extradited from Iran to stand trial in Egypt. [Reuters, 1/9/2005]
At first, these operatives appear to be capable of communicating with operatives outside of Iran. Saad bin Laden is said to play a major role planning the attack of a synagogue in Tunisia in April 2002 (see April 11, 2002). But the Saudi government will suspect that some of the operatives in Iran are involved in a 2003 attack in Riyadh, Saudi Arabia (see May 12, 2003), and they will successfully press Iran to tighten the house arrest of the operatives in Iran. Iran will propose an exchange of these prisoners around the time of the Riyadh bombing, but the US will reject the offer (see Mid-May 2003). Since that time, these leaders apparently remain in a state of limbo. CIA Director Porter Goss will say in 2005, “I think [the] understanding that there is a group of leadership of al-Qaeda under some type of detention—I don’t know exactly what type, necessarily—in Iran is probably accurate.” [MSNBC, 6/24/205] Michael Scheuer, former head of the CIA’s bin Laden unit, will later ask, “The question is, what does house arrest mean in the Iranian context?” He suggests that Iran could release the group or loosen their restrictions depending on how relations evolve between the US and Iran. “They’re a guarantee against bad behavior.” [Washington Post, 9/9/2007] In 2006, it will be reported that Saad bin Laden has been freed. [Reuters, 8/2/2006] Also in 2006, al-Yazid will emerge as a leader of al-Qaeda forces in Afghanistan and may never have been in Iran. [Washington Post, 9/9/2007] In 2007, the still teenaged Hamza bin Laden will reportedly appear in Afghanistan. [Associated Press, 9/11/2007] In 2008, it will be reported that the US still knows little about the al-Qaeda figures detained in Iran, but US officials say they believe Iran has largely kept them under control since 2003, limiting their ability to travel and communicate. One US official will say, “It’s been a status quo that leaves these people, some of whom are quite important, essentially on ice.” [ABC News, 5/29/2008]
June 19, 2002: Republican Senator Leaks Classified Info on NSA Intercepts to Fox Reporter
Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. [Washington Post, 8/5/2004; National Journal, 2/15/2007] The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).
June 20, 2002: Cheney Threatens to Terminate 9/11 Inquiry over NSA Leak
Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation – At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House ‘Set Up’ – In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public – The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican – An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]
August 2, 2002: FBI Questions Members of 9/11 Congressional Inquiry about 9/11 Leaks
The Washington Post reveals that FBI agents have questioned nearly all 37 senators and congresspeople making up the 9/1 Congressional Inquiry about 9/11-related information leaks. In particular, in June 2002 the media reported that the day before 9/11 the NSA intercepted the messages “The match is about to begin” and “Tomorrow is zero hour”(see September 10, 2001). The FBI has asked the members to submit to lie detector tests but most have refused. Congresspeople express “grave concern” for this historically unprecedented move. A law professor states: “Now the FBI can open dossiers on every member and staffer and develop full information on them. It creates a great chilling effect on those who would be critical of the FBI.” [Washington Post, 8/2/2002] Senator John McCain (R-AZ) suggests that “the constitutional separation of powers is being violated in spirit if not in the letter. ‘What you have here is an organization compiling dossiers on people who are investigating the same organization. The administration bitterly complains about some leaks out of a committee, but meanwhile leaks abound about secret war plans for fighting a war against Saddam Hussein. What’s that about? There’s a bit of a contradiction here, if not a double standard.’” [Washington Post, 8/3/2002] Later the search for the source of the leak intensifies to unprecedented levels as the FBI asks 17 senators to turn over phone records, appointment calendars, and schedules that would reveal their possible contact with reporters. [Washington Post, 8/24/2002] Most, if not all, turn over the records, even as some complain that the request breaches the separation of powers between the executive and legislative branches. One senator says the FBI is “trying to put a damper on our activities and I think they will be successful.” [Associated Press, 8/29/2002] In January 2004, it will be reported that the probe is focusing on Sen. Richard Shelby (R-AL). He will not be charged with any crime relating to the leak. [Washington Post, 1/22/2004] In November 2005, the Senate Ethics Committee will announce it has dropped a probe of Shelby, citing insufficient evidence. [Reuters, 11/13/2005] Inquiry co-chair Sen. Bob Graham (D-FL) will write in a book in late 2004 that, at the time, he guessed “the leak was intended to sabotage [the inquiry’s] efforts. I am not by nature a conspiracy theorist, but the fact that we were hit with this disclosure at the moment we began to make things uncomfortable for the Bush administration has stuck with me. Over a year later, I asked [inquiry co-chair] Congressman [Porter] Goss (R-FL) whether he thought we had been set up. Nodding, he replied, ‘I often wonder that myself.’” [Graham and Nussbaum, 2004, pp. 140] Author Philip Shenon will observe that this tactic of intimidation worked, as “Members of the joint committee and their staffs were frightened into silence about the investigation.” [Shenon, 2008, pp. 55]
September 2002: Congressional Leaders Allegedly Briefed on CIA Interrogation Techniques, but Do Not Complain
Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised – Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information – Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway – The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]
November 18, 2002: Letter Shows that White House Leads Effort to Keep FBI Informant Quiet
The 9/11 Congressional Inquiry had been frustrated in its attempts to speak with Abdussattar Shaikh (see October 5, 2002), the FBI informant who was a landlord to two of the 9/11 hijackers (see Mid-May-December 2000; May 10-Mid-December 2000). On this day, a senior FBI official sends a letter to Sen. Bob Graham (D-FL) and Rep. Porter Goss (R-FL), the co-chairs of the Inquiry. In explaining why the FBI has been uncooperative and not allowed the informant to testify, the letter says, “the Administration would not sanction a staff interview with the source, nor did the Administration agree to allow the FBI to serve a subpoena or a notice of deposition on the source.” Graham later will comment, “We were seeing in writing what we had suspected for some time: the White House was directing the cover-up.” [Graham and Nussbaum, 2004, pp. 166]
February 2003: CIA Tells Small Group of Congresspeople It Has Detainee Interrogation Tapes; Two Warn CIA Not to Destroy Them
CIA General Counsel Scott Muller briefs a small group of legislators on the CIA’s detainee interrogation program, and indicates that it has made videotapes of the interrogations. Muller says that the CIA is now thinking about destroying the tapes, because they put the officers shown on them at risk. Although four to eight legislators have already been briefed about the program (see September 2002), this is apparently the first mention that videotapes of interrogations have been made. [New York Times, 12/8/2007] According to House Intelligence Committee member Jane Harman (D-CA), the briefing raises “a number of serious concerns.” [The Gavel, 12/9/2007] Both Harman and another of those present, Porter Goss (R-FL), advise the CIA that they think destroying the tapes is a bad idea (see November 2005). Harman is apparently supported by fellow Democrat Nancy Pelosi, who is said to “concur” with Harman’s objections to the tapes’ destruction. [International Herald Tribune, 12/8/2007] Harman writes a follow-up letter to Muller asking about legal opinions on interrogation techniques and urging the CIA to reconsider its decision to destroy the tapes (see February 28, 2003).
