Two FBI agents investigating the bombing of the USS Cole interview a source, referred to later as “Omar,” who previously identified a photo of one of the bombers as al-Qaeda leader Khallad bin Attash (see November 22-December 16, 2000). However, a CIA officer present at the interview, known only as “Chris,” fails to add a crucial detail. The interview, which apparently takes place in Pakistan, is held to document the previous identification by Omar of bin Attash, who led the attack on the Cole, based on a photograph provided by Yemeni authorities. Chris is also aware that Omar has identified bin Attash in a surveillance photo taken of al-Qaeda’s Malaysia summit (see January 5-8, 2000 and January 4, 2001). The identification of bin Attash in the photo taken at the summit is important because it connects bin Attash to future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, who were also at the summit, and because it casts light on bin Attash’s interaction with the other Cole bombers. The Justice Department’s Office of Inspector General will later say it believes “that had the FBI known about the identification of [bin Attash] in the Kuala Lumpur photographs, they would likely have sought information about the other participants in the meeting, including Almihdhar and Alhazmi, which could have increased the FBI’s chances of locating them before the September 11 attacks.” Chris had previously failed to notify the FBI of the identification of bin Attash in the Malaysia summit photo (see January 5, 2001 and After), as had the CIA’s bin Laden unit (see Shortly Before February 1, 2001). [US Department of Justice, 11/2004, pp. 275-8 
] Omar is usually handled by Cole case agents Ali Soufan and Steve Bongardt. [Soufan, 2011, pp. 120] Presumably, one of them is the lead FBI agent at this interview, although it is not clear which.
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]
June 12-September 11, 2001:ColeInvestigator Repeatedly Asks FBI Headquarters for Information Leading to 9/11 Hijackers, but Gets Nothing
Following a meeting at which FBI agents investigating the attack on the USS Cole were shown pictures of operatives who attended al-Qaeda’s Malaysia summit, including 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, but were not given all the relevant information (see June 11, 2001), deputy head of the investigation Steve Bongardt continues to ask for the material, but FBI headquarters fails to provide it. Bongardt apparently has “heated telephone conversations and e-mail exchanges” with FBI headquarters agent Dina Corsi over the passage of the information. [US Department of Justice, 11/2004, pp. 291, 294 ] Bongardt will tell the 9/11 Congressional Inquiry, “I’ve had several conversations with the analyst [Corsi] after that, because we would talk on other matters, and almost every time I would ask her, ‘What’s the story with the Almihdhar information, when is it going to get passed, do we have anything yet, when is it going to get passed,’ and each time I was told that the information had not been passed yet. And the sense I got from here, based on our conversations, was that she was trying as hard as she could to get the information passed or at least the ability to tell us about the information.” [US Congress, 9/20/2002] But in fact Corsi does not appear to take any steps towards having the information passed to the Cole investigators for two and a half months after the meeting. Part of the relevant information is from a wiretap on Almihdhar’s phone (see Shortly Before December 29, 1999) and, due to measures related to the “wall,” the NSA general counsel has to approve its passage to criminal agents. Corsi finally asks the NSA to approve passage of the information on August 27; the NSA immediately agrees, but Corsi continues to withhold the information from Bongardt (see August 27-28, 2001). The other part of the information consists of photos of the two hijackers in Malaysia with other extremists (see January 5-8, 2000). Corsi will later say she “probably” has follow up conversations about passing the photographs with the two CIA officers, Tom Wilshire and Clark Shannon, who gave them to her (see Late May, 2001), but these alleged conversations do not result in the photos being passed to Bongardt, even though Wilshire will later say that, as far as he was concerned at this point, they could be distributed through the FBI. [US Department of Justice, 11/2004, pp. 294 ] After Corsi is told that Almihdhar is in the US (see August 21-22, 2001), this information is made available to intelligence investigators at the FBI (see August 28, 2001), but not to the team investigating the Cole bombing (see August 28, 2001).
August 28, 2001: USSColeInvestigator Receives Almihdhar Memo, FBI Headquarters Forces Him to Delete It
Steve Bongardt, an FBI criminal agent investigating the bombing of the USS Cole, receives an e-mail from FBI headquarters asking the FBI’s New York office to start looking for future 9/11 hijacker Khalid Almihdhar under an intelligence investigation, but is forced to delete it following an argument with headquarters. The e-mail was not addressed to Bongardt, but forwarded to him by a supervisor, possibly in error. However, Bongardt calls Dina Corsi, the headquarters agent who wrote the e-mail, and expresses his surprise at the information contained in it, saying: “Dina, you got to be kidding me! Almihdhar is in the country?” He tells her the search should be conducted as a criminal investigation, not an intelligence investigation. Corsi incorrectly replies that the “wall” prevents the search from being carried out by criminal agents (see Early 1980s and July 19, 1995), as the investigation requires intelligence from the NSA that criminal agents cannot have, and she forces Bongardt to delete the e-mail from his computer (see August 29, 2001). [9/11 Commission, 7/24/2004, pp. 271; US Department of Justice, 11/2004, pp. 304 ; Wright, 2006, pp. 353]
August 28, 2001:ColeAgent Argues with FBI Headquarters over Search for 9/11 Hijacker Almihdhar
FBI New York agent Steve Bongardt, FBI headquarters agent Dina Corsi, and acting FBI Osama bin Laden unit head Rod Middleton, who is Corsi’s supervisor, discuss whether the search for future 9/11 hijacker Khalid Almihdhar should be an intelligence or criminal investigation. Bongardt argues that the search should be a criminal investigation because of Almihdhar’s connection to the bombing of the USS Cole and because more agents could be assigned to a criminal investigation. (Note: the office only has one rookie intelligence agent available.) He also says a criminal investigation would have better tools, such as grand jury subpoenas, which are faster and easier to obtain than the tools in an intelligence investigation. Corsi and Middleton say that the “wall” prevents the intelligence information necessary for the case being shared with criminal investigators, so the search must be an intelligence investigation. (Note: Corsi and Middleton are wrong (see August 29, 2001).) Bongardt is unhappy with this and requests an opinion from the Justice Department’s national security law unit (see August 28-29, 2001). [US Department of Justice, 11/2004, pp. 307 ]
August 28-29, 2001: FBI Headquarters Allegedly Misrepresents Attorney’s Advice, Ensuring Search for 9/11 Hijacker Almihdhar Is Intelligence Investigation
FBI headquarters agents Dina Corsi and Rod Middleton contact Justice Department lawyer Sherry Sabol to ask her opinion on the search for 9/11 hijacker Khalid Almihdhar, but Sabol will later say that Corsi misrepresents her advice to other agents. Corsi contacts Sabol, an attorney at the national security law unit, to ask her about legal restrictions on the search for Almihdhar, because of an argument she has had with New York agent Steve Bongardt about whether the search should be an intelligence or criminal investigation (see August 28, 2001 and August 28, 2001). Corsi will later tell Bongardt that Sabol told her that the information needed for the investigation cannot be passed on to criminal agents at the FBI, only intelligence agents, and that if Almihdhar is located, a criminal agent cannot be present at an interview. [US Department of Justice, 11/2004, pp. 307-8 ] Corsi’s understanding of the issue is wrong, and the “wall,” which restricted the passage of some intelligence information to criminal agents at the FBI, does not prevent the information in question being shared with criminal agents (see August 29, 2001). The 9/11 Commission will comment that Corsi “appears to have misunderstood the complex rules that could apply to the situation.” [9/11 Commission, 7/24/2004, pp. 271] In addition, Sabol will later insist that her advice was very different than what Corsi claims it is. She will deny saying a criminal agent could not interview Almihdhar, arguing that she would not have given such inaccurate advice. She will also say the caveat on the intelligence information from the NSA would not have stopped criminal agents getting involved and, in any case, the NSA would have waived the caveat if asked. (Note: the NSA did so at Corsi’s request just one day earlier (see August 27-28, 2001), but presumably Corsi does not tell Sabol this.) [9/11 Commission, 7/24/2004, pp. 271] Larry Parkinson, the FBI’s general counsel at this time, will later say there was no legal bar to a criminal agent being present at an interview and that he would be shocked if Sabol had actually told Corsi this. [9/11 Commission, 2/24/2004] Furthermore, Corsi apparently does not tell Sabol that Almihdhar is in the US illegally. The illegal entry is a crime and means criminal FBI agents can search for him (see August 29, 2001).
August 29, 2001: FBI Does Not Fully Realize 9/11 Hijacker Almihdhar Entered US Illegally
Although the FBI is aware that 9/11 hijacker Khalid Almihdhar lied in an application for a visa on which he entered the US the previous month (see July 4, 2001), it does not fully realize that this means his entry into the US was illegal. If the FBI realized this, it would be able to open a criminal investigation to locate Almihdhar, instead of an intelligence investigation. The New York office, which conducts the search for him, would have preferred a criminal investigation, as more agents could have worked on it, possibly allowing the office to locate Almihdhar before and stop 9/11. The Justice Department’s Office of Inspector General will remark after 9/11: “Thus, there was a clear basis to charge Almihdhar criminally with false statements or visa fraud. Significantly, this information had been provided to the FBI without the restrictive caveats placed on NSA reports and other intelligence information. As a result, if Almihdhar had been found, he could have been arrested and charged with a criminal violation based on the false statements on his visa application. However, the FBI did not seem to notice this when deciding whether to use criminal or intelligence resources to locate Almihdhar.” Almihdhar’s passport also lacks an expiry date and he is a terrorist posing as a tourist (see July 4, 2001). [US Department of Justice, 11/2004, pp. 351 ]
August 29, 2001: CIA Officer Possibly Tells FBI Agent Search for 9/11 Hijacker Almihdhar Must Be Intelligence Investigation
According to author Lawrence Wright, on this day there is a conference call between FBI field agent Steve Bongardt, FBI headquarters agent Dina Corsi, and a CIA supervisor at Alec Station, the CIA’s bin Laden unit, who tells Bongardt to stand down in the search for future 9/11 hijacker Khalid Almihdhar. Corsi and Bongardt have been arguing over whether the search for Almihdhar in the US should be a criminal or intelligence investigation (see August 28, 2001 and August 28, 2001), and the CIA supervisor apparently sides with Corsi, saying the search should be an intelligence investigation, and so Bongardt, a criminal agent, cannot be involved in it. Bongardt is angry with this and remarks, “If this guy [Almihdhar] is in the country, it’s not because he’s going to f___ing Disneyland!” [Wright, 2006, pp. 353-4] However, there will be no mention of this conversation in the 9/11 Commission Report or the Justice Department’s report into the FBI’s performance before 9/11. [9/11 Commission, 7/24/2004, pp. 271; US Department of Justice, 11/2004, pp. 306-7 ] According to the Justice Department report, there is a similar conference call between Bongardt, Corsi, and her supervisor at the FBI around this time (see August 28, 2001). It is possible Wright is confusing the supervisor of the CIA’s bin Laden unit with the supervisor of the FBI’s bin Laden unit, meaning that the CIA supervisor is not involved in this argument.
August 29, 2001: FBI Wrongly Opens Intelligence Investigation to Find 9/11 Hijacker Almihdhar, despite Protests that ‘Someday Somebody Will Die’ as a Result
The FBI opens an intelligence investigation to find future 9/11 hijacker Khalid Almihdhar, despite protests from the FBI New York field office that FBI headquarters has wrongly insisted on an intelligence investigation, when a criminal investigation would be more appropriate and have a better chance of finding him. The Justice Department’s office of inspector general will later conclude that “the designation of the Almihdhar matter as an intelligence investigation, as opposed to a criminal investigation, undermined the priority of any effort to locate Almihdhar.” Upon learning of the decision, Steve Bongardt, an investigator working on the USS Cole bombing investigation, writes to headquarters agent Dina Corsi to express his frustration. He points out that she is unable to produce any solid documentary evidence to support her view of the “wall,” a mechanism that restricts the passage of some intelligence information to criminal agents at the FBI (see Early 1980s and July 19, 1995), and that her interpretation of the “wall” is at odds with the purpose for which it was established. He adds: “Whatever has happened to this—someday someone will die—and wall or not—the public will not understand why we were not more effective and throwing every resource we had at certain ‘problems.’ Let’s hope the [Justice Department’s] National Security Law Unit will stand behind their decisions then, especially since the biggest threat to us now, UBL [Osama bin Laden], is getting the most ‘protection.’” [US Congress, 9/20/2002; New York Times, 9/21/2002; US Department of Justice, 11/2004, pp. 307-9 ; New Yorker, 7/10/2006 ] Both the Justice Department’s office of inspector general and the 9/11 Commission will later back Bongardt and say the investigation should have been a criminal investigation, as the “wall” procedures did not apply. The inspector general will comment that Bongardt “was correct that the wall had been created to deal with the handling of only [Foreign Intelligence Surveillance Act] information and that there was no legal barrier to a criminal agent being present for an interview with Almihdhar if it occurred in the intelligence investigation.” [US Department of Justice, 11/2004, pp. 351 ] The 9/11 Commission will remark that Corsi “misunderstood” the wall and that, “Simply put, there was no legal reason why the information [Corsi] possessed could not have been shared with [Bongardt].” It will conclude: “It is now clear that everyone involved was confused about the rules governing the sharing and use of information gathered in intelligence channels. Because Almihdhar was being sought for his possible connection to or knowledge of the Cole bombing, he could be investigated or tracked under the existing Cole criminal case. No new criminal case was needed for the criminal agent to begin searching for [him]. And as the NSA had approved the passage of its information to the criminal agent, he could have conducted a search using all available information. As a result of this confusion, the criminal agents who were knowledgeable about al-Qaeda and experienced with criminal investigative techniques, including finding suspects and possible criminal charges, were thus excluded from the search.” [9/11 Commission, 7/24/2004, pp. 271, 539]
Before 8:30 a.m. September 11, 2001: FBI Agent Sees a Report about Bin Laden Reopening His Underground Complex
Steve Bongardt, an agent at an FBI office in Manhattan, reads a report on his computer about Osama bin Laden reopening his underground facility in Afghanistan and he will subsequently determine that this incident is related to the attacks on the World Trade Center. [Wright, 2006, pp. 356-357; Graff, 2011, pp. 309-310] Bongardt is a member of the FBI’s I-49 squad. [Wright, 2006, pp. 377] The squad is focused on bin Laden and al-Qaeda’s central command. It is based in an office on the eighth floor at 290 Broadway, across the street from the FBI’s New York field office at 26 Federal Plaza. [Graff, 2011, pp. 205-206] Bongardt is one of the first people to arrive at the office this morning, coming into work sometime before 8:30 a.m. He turns on his computer and reads some of the day’s intelligence. He is puzzled by one particular piece of information he sees. “A report had Osama bin Laden reopening his large underground facility at Tora Bora in Afghanistan and sprucing it up,” journalist and author Garrett Graff will write. According to author Lawrence Wright, the report states that “the al-Qaeda camps in Tora Bora [are] being revitalized.” [Wright, 2006, pp. 356-357; Graff, 2011, pp. 309] The Tora Bora encampment is a “natural and manmade fortress of caves and bunkers,” according to the Chicago Tribune. It comprises a “series of rooms and tunnels,” and can “comfortably house 1,000 people,” according to an Afghan who visited the complex a few months ago. [Chicago Tribune, 11/28/2001] “That can’t be good,” Bongardt thinks upon reading the report. “What the hell is [bin Laden] doing?” he wonders. Bongardt will feel the room shake when Flight 11 crashes into the WTC, at 8:46 a.m. (see 8:46 a.m. September 11, 2001), and promptly head out of the building. He will realize what has happened when he sees that both of the Twin Towers are on fire and notices a massive jetliner engine lying on the street. He will then connect what is occurring to the report he read on his computer. He will understand that “this was the work of bin Laden,” according to Wright. “This is al-Qaeda. This is why they’re polishing up Tora Bora,” he will think. [Wright, 2006, pp. 357-359; Graff, 2011, pp. 309-310]
