The 9/11 Commission releases a status report showing that various government agencies are not cooperating fully with its investigation. Neither the CIA nor the Justice Department have provided all requested documents. Lack of cooperation on the part of the Department of Defense “[is] becoming particularly serious,” and the Commission has received no responses whatsoever to requests related to national air defenses. The FBI, State Department, and Transportation Department receive generally positive reviews. [Associated Press, 7/9/2003] Commissioner Tim Roemer complains: “We’re not getting the kind of cooperation that we should be. We need a steady stream of information coming to us.… Instead, We’re getting a trickle.” [Guardian, 7/10/2003] The Commission is eventually forced to subpoena documents from the Defense Department and FAA (see November 6, 2003). Commission Chairman Tom Kean also highlights the presence of government “minders” at Commission interviews. The minders accompany witnesses the Commission is interviewing and come from the witnesses’ parent agencies. Kean says: “I think the Commission feels unanimously that it’s some intimidation to have somebody sitting behind you all the time who you either work for or works for your agency. You might get less testimony than you would.” He adds, “We would rather interview these people without minders or without agency people there.” [New York Times, 7/8/2003; Associated Press, 7/9/2003] However, Kean will later play down the effect minders are having on witnesses (see September 23, 2003), the full scope of which will be revealed in an internal Commission memo (see October 2, 2003).
September 2003-May 21, 2004: US Government Refuses to Hold or Charge 9/11 Hijacker Associate Despite New Evidence against Him
In September and October 2003, Mohdar Abdullah, an associate of 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar who is being held in a US jail, allegedly brags to fellow prisoners that he knew the two hijackers were planning a terrorist attack (see Early 2000 and see Late August-September 10, 2001). Despite suspicions that he knowingly assisted the hijackers’ plans, Abdullah is only being held for an immigration violation, and he is due to be deported soon. But, according to the 9/11 Commission, the US Attorney for the Southern District of California decides not to prosecute him on charges stemming from these new allegations. Furthermore, the US Justice Department does not even delay his deportation to allow further investigation of this new information. In May 2004, the 9/11 Commission first hears about the new evidence against Abdullah. However, Abdullah is deported to Yemen on May 21, 2004 (see May 21, 2004). [9/11 Commission, 7/24/2004, pp. 217-219] Abdullah is a Yemeni citizen, and he has been stuck in prison for many months because the Yemeni government does not want him back. According to his lawyer, he is only able to be deported after intense pressure by the State Department on the Yemeni government (see May 21, 2004). [San Diego Union-Tribune, 5/26/2004] Not long after Abdullah is deported, a surveillance video will be discovered from the Los Angeles airport, showing Abdullah, Alhazmi, and an unknown third man seemingly casing the airport and recording security measures with a video camera (see June 10, 2000). It is not known when exactly this video is discovered, but a grand jury subpoena for it will be dated October 2004. In September 2006, some anonymous law enforcement officials will tell NBC News that they regret deporting Abdullah, given the discovered video. These officials will say that the FBI has reopened its investigation into Abdullah and is reexamining all of his contacts in the US. NBC News will comment: “Why didn’t they find these tapes until 2004 isn’t known—especially since the FBI knew that on the day these tapes were shot in June 2000, one of the hijackers went to Los Angeles Airport for a flight home to Yemen. Critics are certain to question whether the FBI again missed an important clue, and let a possible accomplice get away.” [MSNBC, 9/8/2006]
January 2004: Staffers Appalled at Zelikow’s Rewrite of 9/11 Commission Statement to Imply Connections between Iraq and Al-Qaeda
Members of the 9/11 Commission’s team focusing on counterterrorism issues are appalled at a rewrite of a report by executive director Philip Zelikow. Zelikow rewrote the report, about the history of US efforts to contain al-Qaeda during the Clinton years, to imply that direct links exist between Iraq and al-Qaeda (see January 2004). Staffer Scott Allan, who wrote the original report, thinks that if the report is allowed to stand, it will become an important propaganda tool for the White House and its neoconservative backers in justifying the Iraq war, with headlines trumpeting the commission’s “discovery” of evidence linking al-Qaeda and Iraq. Many of Allan’s colleagues are equally disturbed, especially senior staffer Les Hawley. Hawley, a retired colonel, is a veteran of the military and civilian bureaucracies in Washington, and was a senior official in the State Department under Bill Clinton. Hawley, Allan, and the rest of the team directly challenge Zelikow’s rewrite. In author Philip Shenon’s words: “It would be remembered as an all-important showdown for the staff, the moment where they would make it clear that Zelikow could take his partisanship only so far. The staff would not allow him to trade on their credibility to promote the goals of the Bush White House—not in these interim reports, nor in the commission’s final report later that year.” The staff soon confronts Zelikow on the issue (see January 2004). [Shenon, 2008, pp. 317-324]
February 5, 2004-June 8, 2005: Hijacker Associate Mzoudi Twice Acquitted After US Refuses to Cooperate with German Courts
Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]
February 23, 2004: Nomination of Former CIA Bin Laden Unit Chief to State Department Rank Announced
The Congressional Record reports that Richard Blee, the manager in charge of the CIA’s bin Laden unit on 9/11 (see August 22-September 10, 2001), has been nominated to a State Department rank. In a list of State Department nominations, it states that he and several dozen other people are proposed “to be consular officers and/or secretaries of the diplomatic service of the United States of America, as indicated for appointment as foreign service officers of class three, consular officer and secretary in the diplomatic service of the United States of America.” The listing gives his address as the District of Columbia. [US Congress, 2/23/2004, pp. 48 ]
March 21, 2004: Vague Terror Alert Given on Same Day as Critical Richard Clarke Interview
The State Department issues a terror alert, warning “that al-Qaeda continues to prepare to strike US interests abroad” and such attacks “could possibly involve non-conventional weapons such as chemical or biological agents as well as conventional weapons of terror.” More specific information is not provided. [Command Post, 3/21/2004] The same day, former counterterrorism “tsar” Richard Clarke gives an interview that is harshly critical of the Bush administration’s counterterrorism efforts (see March 24, 2004). [CBS News, 3/21/2004]
May 21, 2004: 9/11 Hijacker Associate Is Deported to Yemen; Later Evidence Will Renew Suspicions He Was Involved in 9/11 Plot
Mohdar Abdullah is quietly deported to Yemen after spending nearly three years in US prisons. Abdullah was arrested shortly after 9/11 and held as a material witness. He was eventually charged with an immigration violation. He pled guilty to lying on an asylum application and then served a six-month sentence. However, he chose to remain imprisoned so he could fight deportation. He is a Yemeni citizen, and the US wanted to deport him to Yemen, but the Yemeni government would not take him. According to his lawyer, Yemen twice refused to admit him and only finally agreed after intense pressure from the US State Department. [San Diego Union-Tribune, 5/26/2004]
Suspicious Links to 9/11 Hijackers – Officials said in court documents that Abdullah regularly dined and prayed with 9/11 hijackers Nawaf Alhazmi, Khalid Almihdhar, and Hani Hanjour. Additionally, he helped Alhazmi and Almihdhar adjust to life in the US in a variety of ways, including help with: interpreting, computer use, finding a job, finding a place to live, obtaining Social Security cards, and obtaining driver licenses. He also worked with Alhazmi at a gas station where many other radical Islamists worked, including some who had been investigated by the FBI (see Autumn 2000). [San Diego Union-Tribune, 5/26/2004; San Diego Union-Tribune, 6/2/2004]
9/11 Commission Not Allowed to Interview Him before Deportation – The 9/11 Commission’s work is almost done by the time that Abdullah is deported; its final report will be released two months later. However, the Commission is not allowed to interview Abdullah even though he is being held in a US prison (and not in Guantanamo or some secret overseas prison). 9/11 Commission co-chair Tom Kean will later say, “He should not have been let out of the country when the 9/11 Commission wanted to interview him.” Kean will not comment on why the Commission does not or is not able to interview him before his deportation. [MSNBC, 9/8/2006]
Justice Department Will Not Delay Deportation to Help Investigation – In late 2003, new evidence emerged that Abdullah may have had foreknowledge of the 9/11 attacks. But US prosecutors decided not to charge him based on that new evidence, and the Justice Department does not even try to delay his deportation to allow investigators time to pursue the new leads (see September 2003-May 21, 2004).
FBI Will Reopen Investigation into Abdullah – The new evidence suggested that Abdullah may have learned about the 9/11 attack plans as early as the spring of 2000 (see Early 2000). He also seemed to show foreknowledge of the attacks shortly before they occurred (see Late August-September 10, 2001). By October 2004, it will be discovered that he cased the Los Angeles airport with Alhazmi and an unknown man (see June 10, 2000), and this revelation will cause the FBI to reopen its investigation into him—after he is deported (see September 2003-May 21, 2004). In September 2006, it will be reported that the investigation is still continuing. [MSNBC, 9/8/2006]
September 3, 2004: Report: Israel Maintains ‘Huge, Aggressive’ Spy Operations Inside US
The Los Angeles Times reports that US officials claim, “Despite its fervent denials, Israel secretly maintains a large and active intelligence-gathering operation in the United States that has long attempted to recruit US officials as spies and to procure classified documents….” In turn, US agents have long monitored Israeli diplomats and agents in the US. An intelligence official who had recently left government says, “There is a huge, aggressive, ongoing set of Israeli activities directed against the United States.… Anybody who worked in counterintelligence in a professional capacity will tell you the Israelis are among the most aggressive and active countries targeting the United States.… The denials are laughable.” The Times adds, “Current and former officials involved with Israel at the White House, CIA, State Department, and in Congress had similar appraisals, although not all were as harsh in their assessments.” Officials note that Israel is considered a very close ally and is frequently given highly classified information. But it is also noted that US and Israeli intelligence agencies do not completely trust each other. [Los Angeles Times, 9/3/2004]
November 2004: Aggressive Afghan Counter-Narcotics Program Proposed and Ultimately Rejected
Assistant Secretary of State Bobby Charles, who runs the State Department’s Bureau for International Narcotics and Law Enforcement Affairs (INL), has been growing increasingly concerned about the worsening drug crisis in Afghanistan. He starts warning his superiors that unless the problem is dealt with, it could “devour” the Afghan government. Charles pushes for a multi-faceted counter-narcotics program. One controversial aspect of his program would involve aggressive aerial spraying of Afghan poppy fields using a diluted solution of the pesticide known commercially as Roundup. To minimize Afghan opposition to the spraying, the program would be combined with an informational campaign asserting that the pesticide is safe and an aid package for alternative agricultural development. Further, the US military would begin counter-narcotics missions such as destroying drug labs. Secretary of State Colin Powell presents Charles’ program to President Bush and other top officials shortly after Bush’s reelection. Bush completely agrees with the program, even saying that he is determined not to “waste another American life on a narco-state.” However, Defense Secretary Rumsfeld is firmly opposed to the program and, as author James Risen notes, “Time and again in the Bush administration, Rumsfeld simply ignored decisions made by the president in front of his war cabinet, according to several senior administration officials.” One month later, with Powell losing power as he leaves the Bush administration, Rumsfeld decreases support for the program, effectively killing it. Charles is told that he is now “highly inconvenient” and is pushed out of his job by the new Secretary of State Condoleezza Rice in early 2005. [Risen, 2006, pp. 152-162]
March 3, 2005: State Department Says Afghanistan Is on Verge of Becoming a Narcotics State
A State Department report on world drug production suggests that, as the Associated Press puts it, “Afghanistan has been unable to contain opium poppy production and is on the verge of becoming a narcotics state.” The area in Afghanistan devoted to poppy cultivation (the raw material for opium and heroin) in 2004 more than tripled the figure for 2003. The report suggests this situation “represents an enormous threat to world stability.” [Associated Press, 3/4/2005] Drug eradication efforts have been almost completely ineffectual. For instance, in May 2005 it will be reported that Afghanistan’s US-trained Central Poppy Eradication Force has destroyed less than 250 acres, well short of its original goal of 37,000 acres. [New York Times, 5/22/2005] The drug economy now accounts for between a third and half of the country’s economic output. The World Bank estimates that opium cultivation can generate at least 12 times as much income as alternative crops. [Slate, 5/18/2005]