From June 1996 into 1997, highly reliable al-Qaeda defector Jamal al-Fadl is debriefed by US intelligence (see June 1996-April 1997), and presumably he reveals what he knows about British imam Abu Qatada. As al-Fadl will later reveal in early 2001 court testimony, in the early 1990s bin Laden grew concerned about the perception of religious legitimacy of al-Qaeda action. In 1992 and 1993, he formed a fatwa committee, made up of al-Qaeda’s more religious leaders, to provide a fatwa (religious sanction) for al-Qaeda’s methods. The committee issues a secret fatwa allowing al-Qaeda to work to evict the US military from the Arabian peninsula. Al-Fadl claims that one of the key members of this fatwa committee is Abu Qatada. In the early 1990s, Abu Qatada is little known, but he moved to Britain in 1994, gained asylum there, and began to gain a public reputation as a radical Islamist preacher. [Corbin, 2003, pp. 37] Interestingly around the same time the US learns this information from al-Fadl, British intelligence begins using Qatada as an informant (see June 1996-February 1997).
October 22, 1996: US Intelligence Indicates ISI Is Supplying Taliban with Weapons and Supplies
A classified US intelligence report concludes the ISI “is supplying the Taliban forces with munitions, fuel, and food.” The report notes that while the food shipments are taking place openly, “the munitions convoys depart Pakistan late in the evening hours and are concealed to reveal their true contents.” [US Intelligence, 10/22/1996 
]
Late 1996-August 20, 1998: US Intelligence Monitors Charity Tied to Al-Qaeda Cell in Kenya
US intelligence begins monitoring telephones connected to the Kenyan branch of the charity Mercy International. By mid-1996, US intelligence began wiretapping telephones belonging to Wadih El-Hage, an al-Qaeda operative living in Nairobi, Kenya, and the NSA is also monitoring bin Laden’s satellite phone. By the end of 1996, the number of monitored phones in Kenya increases to five, and two of those are to Mercy International’s offices. What led investigators to this charity is unknown, and details of the calls have never been revealed. [New York Times, 1/13/2001] The Mercy International office will be raided shortly after the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), and incriminating files belonging to El-Hage will be found there (see October 1997). It will be discovered that the office worked closely with al-Qaeda. For instance, it issued identity cards for al-Qaeda leaders Ali Mohamed, Mohammed Atef, and even bin Laden himself. [Bergen, 2001, pp. 140; Financial Times, 11/28/2001] An al-Qaeda defector, L’Houssaine Kherchtou, will testify in a 2001 trial that al-Qaeda was heavily interacting with Mercy International’s Kenya branch, and a number of employees there, including the manager and accountant, were actually al-Qaeda operatives. [United State of America v. Usama bin Laden, et al., Day 8, 2/21/2001] A receipt dated just two weeks before the embassy bombings made a reference to “getting the weapons from Somalia.” [New York Times, 1/22/2000] Most crucially, there were a number of calls between Mercy director Ahmad Sheik Adam and bin Laden. [East African, 2/16/2000] And Adam’s mobile phone was used 12 times by El-Hage to speak to bin Laden or his associates. Presumably, such calls would have drawn obvious attention to the Kenya al-Qaeda cell and their embassy attack plans, yet none of the cell members were arrested until after the attack. The Kenya branch of Mercy International will be shut down by the end of 1998, but in 2001 it will be reported that Adam continues to live in Kenya and has not been arrested. [Agence France-Presse, 12/17/1998; BBC, 1/3/2001]
1997: US National Intelligence Estimate Briefly Mentions Bin Laden
The US intelligence community releases another National Intelligence Estimate (NIE) dealing with terrorism. It mentions Osama bin Laden on the first page as an emerging threat and points out he might be interested in attacks inside the US. However, the section mentioning bin Laden is only two sentences long and lacks any strategic analysis on how to address the threat. A previous NIE dealing with terrorism was released in 1995 and did not mention bin Laden (see July 1995). [Associated Press, 4/16/2004; 9/11 Commission, 8/26/2004, pp. 54] The NIE also notes, “Civilian aviation remains a particularly attractive target for terrorist attacks.” [Tenet, 2007, pp. 104] There will be no more NIEs on terrorism before 9/11 despite the bombing of US embassies in Africa in 1998 (see 10:35-10:39 a.m., August 7, 1998) and the attack on the USS Cole in 2000 (see October 12, 2000). However, there will be some more analytical papers about bin Laden and al-Qaeda. The 9/11 Commission, in particular executive director Philip Zelikow and staffer Doug MacEachin, will be shocked that this is the final NIE on terrorism before the attacks and that, in the words of author Philip Shenon, “no one at the senior levels of the CIA had attempted—for years—to catalog and give context to what was known about al-Qaeda.” MacEachin thinks it is “unforgivable” there is no NIE for four years and that, according to Shenon, “if policy makers had understood that the embassy bombings and the attack on the Cole were simply the latest in a long series of attacks by the same enemy, they would have felt compelled to do much more in response.” [Shenon, 2008, pp. 314]
February 7-21, 1997: Monitored Calls of Al-Qaeda Operatives in Kenya Indicate One of Them Is Meeting Bin Laden in Afghanistan
US intelligence is monitoring the phones of an al-Qaeda cell in Kenya (see
April 1996 and Late 1996-August 1998), as well as the phones of Osama bin Laden and other al-Qaeda leaders in Afghanistan (see November 1996-Late August 1998). Between January 30 and February 3, 1997, al-Qaeda leader Mohammed Atef calls Wadih El-Hage, the leader of the Kenyan cell, several times. El-Hage then flies to Pakistan and on February 4, he is monitored calling Kenya and gives the address of the hotel in Peshawar where he is staying. On February 7, he calls Kenyan cell member Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) and says he is still in Peshawar, waiting to enter Afghanistan and meet al-Qaeda leaders. [United States of America v. Usama Bin Laden, et al., Day 37, 5/1/2001] Then, later on February 7, Fazul calls cell member Mohammed Saddiq Odeh. According to a snippet of the call discussed in a 2001 trial, Fazul informs Odeh about a meeting between the “director” and the “big boss,” which are references to El-Hage and Osama bin Laden respectively. In another monitored call around this time, Fazul talks to cell member Mustafa Fadhil, and they complain to each other that Odeh is using a phone for personal business that is only meant to be used for al-Qaeda business. Then, on February 21, El-Hage is back in Kenya and talks to Odeh on the phone in another monitored call. [United States of America v. Usama Bin Laden, et al., Day 37, 5/1/2001; United States of America v. Usama Bin Laden, et al., Day 39, 5/3/2001]
August 1997: US Intelligence Monitoring Cell in Kenya Discovers Al-Qaeda Operatives around the World
On August 2, 1997, the Telegraph reports that Tayyib al-Madani, a chief financial officer for bin Laden, turned himself in to the Saudis in May 1997 (see May 1997). Later in the month, US agents raid Wadih El-Hage’s house in Nairobi, Kenya (see August 21, 1997). El-Hage and and Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), both members of the al-Qaeda cell in Nairobi, Kenya, start a flurry of phone traffic, warning other operatives about the raid and the defection. Their phones are already being monitored by the CIA and NSA (see May 21, 1996), who continue to listen in as they communicate nearly every day with al-Qaeda operatives in places such as Afghanistan, Pakistan, London, and Germany. They also phone other members of their cell in Mombasa, Kenya. It appears they realize their phones are being bugged because at one point Fazul explicitly warns an operative in Hamburg, Germany, Sadek Walid Awaad (a.k.a. Abu Khadija), to stop calling because the lines are bugged. However, US intelligence is able to learn much just from the numbers and locations that are being called. For instance, the call to Awaad alerts US intelligence to other operatives in Hamburg who know the 9/11 hijackers living there (see Late 1997). [Miller, Stone, and Mitchell, 2002, pp. 200-202; El Pais, 9/17/2003]
August 13, 1997: US Aware Taliban Are Paying Pakistani Government with Drugs
A classified US cable on this date reveals US intelligence is aware that the Taliban are paying the Pakistani government for wheat and fuel with drugs. The cable suggests that Pakistan is planning to demand hard currency instead of drugs in order to restrain drug trafficking and increase revenue, but it is unclear if this change ever takes place. [US Embassy (Islamabad), 8/13/1997 ]
October 1997: US Intelligence Stops Monitoring Al-Qaeda Cell in Kenya Despite Evidence It Is Planning an Attack
Shortly after the US raid on Wadih El-Hage’s house in Nairobi, Kenya (see August 21, 1997), US investigators discover a letter in the house that mentions a cache of incriminating files had been moved from the house and hidden elsewhere. Investigators suspect the files could contain evidence of a coming attack by El-Hage’s Nairobi cell. A law enforcement official later says US investigators begin a “somewhat frantic, concerted effort” to locate the missing files. “The concern was high enough about something being out there to go right away.” A search for the files is conducted at another location in Kenya in September 1997, but the files are not found. [New York Times, 1/9/1999] But despite this search, and even though other documents found in the raid refer to other unknown members of the cell and the imminent arrival of more operatives (see Shortly After August 21, 1997), the wiretaps on five phone numbers connected to El-Hage are discontinued in October 1997, one month after El-Hage moved to the US (see September 24, 1997). Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), who had been living with El-Hage and using the same phones as him, takes over running the cell. US intelligence will resume monitoring the phones in May 1998 and continue to monitor them through August 1998 (see May 1998), when the cell will successfully attack US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). It will be stated in the 2002 book The Cell, “The hardest thing to understand in retrospect is why US law enforcement did nothing else to disrupt the activities of the Nairobi cell” after the raid on El-Hage’s house. [New York Times, 1/13/2001; Miller, Stone, and Mitchell, 2002, pp. 203-205] The files will be found only after the African embassy bombings, when the offices of the charity Mercy International are searched on August 20, 1998. They will contain incriminating information, including numerous phone calls from bin Laden to Nairobi. [United States of America v. Usama Bin Laden, et al, 3/20/2001] It is not clear why the charity was not searched before the attacks, since two of the five phones monitored since 1996 were to Mercy’s Kenya offices (see Late 1996-August 20, 1998).
Late 1997: Phone Calls Alert US Intelligence to Al-Qaeda Operatives in Hamburg
US intelligence monitoring the al-Qaeda cell in Kenya trace phone calls to al-Qaeda operatives in Hamburg, Germany, where some of the 9/11 hijackers are living (see August 1997). Around August 1997, Sadek Walid Awaad (a.k.a. Abu Khadija) calls Kenya and is traced by US intelligence to where he lives in Hamburg. [Miller, Stone, and Mitchell, 2002, pp. 201; El Pais, 9/17/2003] Sometime over the next year or so, it is discovered that Awaad has engaged in business dealing with Mamoun Darkazanli, another al-Qaeda operative. Awaad used a Hamburg address for some of his business dealings that was also used by Darkazanli and Wadih El-Hage, who served as bin Laden’s business secretary in Kenya. In 1994, Awaad, Darkazanli, and El-Hage worked together to buy a ship for bin Laden. Apparently US intelligence puts this together by 1998, as one of El-Hage’s notebooks seized in a late 1997 raid details the transaction (see August 21, 1997). Investigators later believe Darkazanli is part of the Hamburg al-Qaeda cell with 9/11 hijackers Mohamed Atta, Marwan Alshehhi, and others. [New York Times, 12/27/2001] Less is known about Awaad and whomever he may have associated with. But in a public trial in early 2001, El-Hage identified him as an Iraqi al-Qaeda operative with German and Israeli passports. [Day 2. United States of America v. Usama bin Laden, et al., 2/6/2001; Day 6. United States of America v. Usama bin Laden, et al., 2/15/2001] An al-Qaeda operative with an Israeli passport connected to the Hamburg cell would seem to be highly unusual and significant, but there has been almost no mention of him in the media after 9/11 and it is unknown if he has ever been arrested.
August 1998: US Intelligence Monitoring ‘Very Important Source’ Linked to Al-Qaeda in Sudan
US intelligence is reportedly monitoring a “very important source” in Khartoum, Sudan, during the time of the August 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). An unnamed US official working in Sudan at the time will later tell this to journalist Jonathan Randal. This official will claim the US is intercepting telephone communications between this source and al-Qaeda at least during 1998. The name of the source has not been revealed, but this person is considered so important that after the embassy bombings the US will consider killing the source in retaliation. However, a different target is chosen because the source either knows nothing about the bombings or at least does not mention them in intercepted conversations. [Randal, 2005, pp. 152] It is not known when this surveillance ends or what happens to the source.
