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]
December 19, 2001: Al-Libi Transferred into US Custody; Responsive to Non-Aggressive Interrogation Tactics
Ibn al-Shaykh al-Libi, captured by Pakistani forces six weeks earlier (see November 11, 2001), is handed over to US authorities at the Bagram air base in Afghanistan. Two FBI agents from New York are tasked with interrogating him. One of the agents, Russell Fincher, spends more than 80 hours with al-Libi discussing religion and prayer in an effort to establish a close bond. It works, and al-Libi opens up to Fincher, giving him information about Zacarias Moussaoui and the so-called shoe bomber, Richard Reid (see December 22, 2001). [Isikoff and Corn, 2006, pp. 120] But despite this progress, he will soon be transferred to Egypt and tortured there into making some false confessions (see January 2002 and After).
January 2002 and After: CIA Given Control of Al-Libi, Renders Him to Egypt
At the request of CIA Director George Tenet, the White House orders the FBI to hand Ibn al-Shaykh al-Libi, a captured al-Qaeda operative being held in Afghanistan (see December 19, 2001), over to the CIA. One day before the transfer, a CIA officer enters al-Libi’s cell, interrupting an interrogation being conducted by FBI agent Russel Fincher, and tells al-Libi: “You’re going to Cairo, you know. Before you get there I’m going to find your mother and I’m going to f_ck her.” Soon after, al-Libi is flown to Egypt. [Newsweek, 6/21/2004; Washington Post, 6/27/2004; Isikoff and Corn, 2006, pp. 121] The CIA officer will later be identified as “Albert,” a former FBI translator. [Mayer, 2008, pp. 106] Presumably, this is the same former FBI translator named “Albert” who will later threaten al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). [Associated Press, 9/7/2010] Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, will later say: “He’s carried off to Egypt, who torture him. And we know that he’s going to be tortured. Anyone who’s worked on Egypt, has worked on other countries in the Middle East, knows that. Egyptians torture him, and he provides a lot of information.” [PBS Frontline, 6/20/2006]
Provides Mix of Valid, False Information – It is unclear whether al-Libi is interrogated solely by Egyptian officials, or by a combination of Egyptian and CIA interrogators. Al-Libi is subjected to a series of increasingly harsh techniques, including at least one, waterboarding, that is considered torture (see Mid-March 2002). Reputedly, he is finally broken after being waterboarded and then forced to stand naked in a cold cell overnight where he is repeatedly doused with cold water by his captors. Al-Libi is said to provide his Egyptian interrogators with valuable intelligence about an alleged plot to blow up the US Embassy in Yemen with a truck bomb, and the location of Abu Zubaida, who will be captured in March 2002 (see Mid-May 2002 and After). However, in order to avoid harsh treatment he will also provide false information to the Egyptians, alleging that Iraq trained al-Qaeda members in bomb making and poisons and gases. Officials will later determine that al-Libi has no knowledge of such training or weapons, and fabricates the statements out of fear and a desire to avoid further torture. Sources will later confirm that al-Libi did not try to deliberately mislead his captors; rather, he told them what he thought they wanted to hear. [ABC News, 11/18/2005; New York Times, 12/9/2005]
Using Allegations in White House Statements – Both President Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003) will include these allegations in major speeches.
Shifting Responsibility for Interrogations to CIA from FBI – The FBI has thus far taken the lead in interrogations of terrorist suspects, because its agents are the ones with most experience. The CIA’s apparent success with al-Libi contributes to the shift of interrogations from the bureau to the CIA. [Washington Post, 6/27/2004] Such methods as making death threats, advocated by the CIA, are opposed by the FBI, which is used to limiting its questioning techniques so the results from interrogations can be used in court. [Washington Post, 6/27/2004] “We don’t believe in coercion,” a senior FBI official says. [Guardian, 9/13/2004]