The FBI obtains a wiretap warrant to seize al-Qaeda-related e-mails under the Foreign Intelligence Surveillance Act (FISA), but experimental software malfunctions and an angry FBI agent is said to destroy all the e-mails collected. The Carnivore software, which was installed in Denver, collects e-mails not only from the target, but also from other people. The FBI technician is reportedly so upset when he discovers e-mails from people whose communications the FBI has no authorization to collect that he apparently deletes everything the FBI has gathered, including the e-mails from the target. However, the article that first reports this deletion also says the opposite: “A Justice Department official, speaking on condition of anonymity, said Tuesday night that the e-mails were not destroyed.” In either case, the Office of Intelligence Policy and Review (OIPR) at FBI headquarters, which deals with FISA warrants, is then informed and expresses its surprise it was not told the software was experimental before the warrant was issued. An FBI official will comment: “To state that [an OIPR official] is unhappy with [the FBI’s International Terrorism Operations Section] and the [Usama bin Laden] Unit would be an understatement of incredible proportions.” As the target’s e-mails have been destroyed in the FBI system, the FBI then wants a physical search warrant under FISA to go and collect the e-mails from the carrier. However, the OIPR insists on an explanation for the error before this can happen, and also demands an explanation for the problem, so the special FISA court can be notified. [Federal Bureau of Investigation, 4/5/2000; Associated Press, 5/28/2002] It is not known who was being monitored, though there are potential al-Qaeda Denver connections: in 1994, a bin Laden front began routing communications through Denver (see 1994), and a passport was stolen there in 1995 from a man who was later confused with one of the 9/11 hijackers (see 1995).
August 4-5, 2001: Phoenix Memo Agent Vets Bush PDB, Fails to Add Relevant Information, Does Not Contact Phoenix Office
The CIA officers who draft a presidential daily briefing (PDB) item given to George Bush on August 6 (see August 6, 2001) ask an FBI agent for additional information and also to review a draft of the memo, but she does not provide all the additional information she could. The 9/11 Commission will refer to the FBI agent as “Jen M,” so she is presumably Jennifer Maitner, an agent with the Osama bin Laden unit at FBI headquarters. The purpose of the memo is to communicate to the president the intelligence community’s view that the threat of attacks by bin Laden is both current and serious. But Maitner fails to add some important information that she has: around the end of July, she was informed of the Phoenix memo, which suggests that an inordinate number of bin Laden-related Arabs are taking flying lessons in the US (see July 10, 2001). She does not link this to the portion of the memo discussing aircraft hijackings. Responsibility for dealing with the Phoenix memo is formally transferred to her on August 7, when she reads the full text. The finished PDB item discusses the possibility bin Laden operatives may hijack an airliner and says that there are “patterns of suspicious activity in this country consistent with preparations for hijackings.” It is unclear whether the draft PDB item Maitner reviews contains this information. However, if it does, it apparently does not inspire her to take any significant action on the memo before 9/11, such as contacting the agents in Phoenix to notify them of the preparations for hijackings (see July 27, 2001 and after). The PDB will contain an error, saying that the FBI was conducting 70 full field investigations of bin Laden-related individuals (see August 6, 2001), but this error is added after Maitner reviews the draft, so she does not have the opportunity to remove it. [9/11 Commission, 7/24/2004, pp. 260-2, 535; US Department of Justice, 11/2004, pp. 69-77 
]
August 23, 2001: FBI Field Agent Tells FBI Headquarters Search for 9/11 Hijacker Almihdhar Should Be Criminal, Not Intelligence Investigation
After being alerted to the fact 9/11 hijacker Khalid Almihdhar is in the US, FBI agent Craig Donnachie says that the FBI should look for him under a criminal investigation, not an intelligence investigation. Donnachie, an intelligence agent at the FBI’s New York field office, is contacted by headquarters agent Dina Corsi, who says that the search for Almihdhar should be an intelligence investigation because the case is partially based on information from the NSA. Donnachie, however, tells her that the attempt to locate Almihdhar is related to the criminal investigation into the bombing of the USS Cole and would normally be handled as a sub-file of the main investigation, not a separate investigation. The case will later be opened as an intelligence investigation, meaning fewer resources can be devoted to it (see August 29, 2001). [US Department of Justice, 11/2004, pp. 304 ]
August 23, 2001: FBI Manager Informed of Hunt for 9/11 Hijacker Almihdhar, Realizes Seriousness of Situation
Dina Corsi, an FBI agent in the bureau’s bin Laden unit, informs her boss, bin Laden unit supervisor Rodney Middleton, that 9/11 hijacker Khalid Almihdhar is in the US. [US Department of Justice, 11/2004, pp. 303 ] Middleton will later recall his reaction to the news as an “‘Oh sh_t’ moment.” [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 52 ] He reviews the information Corsi presents to him and agrees with her that an intelligence investigation should be opened in New York to find Almihdhar. [US Department of Justice, 11/2004, pp. 303 ]
August 23, 2001: FBI Agent Discusses Opening of Intelligence Investigation with CIA Officer, Notes 9/11 Hijacker Almihdhar Has Stronger Link to USSColeBombing
FBI headquarters agent Dina Corsi writes to Tom Wilshire, a CIA manager detailed to the FBI, and tells him that the search for 9/11 hijacker Khalid Almihdhar will be conducted as an intelligence investigation (see August 23, 2001 and August 29, 2001). She also says that she is surer now that Almihdhar is connected to the bombing of the USS Cole, writing, “I am still looking at intel, but I think we have more of a definitive connection to the Cole here than we thought.” Even though Corsi thinks Almihdhar is tied to the Cole bombing, she will oppose the search for him being conducted as part of the criminal investigation and insist that it be part of an intelligence investigation (see August 28, 2001 and August 28, 2001). [US Department of Justice, 11/2004, pp. 304 ]
August 23, 2001: FBI Headquarters Gives New York Field Office Heads Up Over 9/11 Hijacker Almihdhar, but Investigation Is Not Considered Urgent
FBI headquarters agent Dina Corsi, who has discovered 9/11 hijacker Khalid Almihdhar is in the country (see August 21-22, 2001), contacts the FBI’s New York field office to give it a heads up that information about Almihdhar will soon be passed to it, and it will be asked to search for him. Corsi does not usually call in advance of sending notification, but she thinks that the situation is urgent in this case, as they need to locate Almihdhar, who is watchlisted at this time (see August 23, 2001), before he leaves the US. However, when she sends written notification (see August 28, 2001), it only has “routine” precedence, the lowest level. When asked about the discrepancy after 9/11, Corsi will say that this case was “no bigger” than any other case. I-49 squad supervisor Jack Cloonan and another FBI supervisor will later also say they recognized there was some urgency to the Almihdhar investigation, but the Justice Department’s Office of Inspector General will comment: “Yet, the FBI in New York did not treat it like an urgent matter.” [US Department of Justice, 11/2004, pp. 303-5, 354 ]
August 27-28, 2001: NSA Approves Passage of Key Information about 9/11 Hijacker Almihdhar toColeInvestigators, but FBI Headquarters Continues to Withhold It
The NSA’s representative to the FBI asks the NSA for permission to pass intelligence information about 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi to FBI criminal agents investigating the bombing of the USS Cole and permission is granted the same day, but FBI headquarters does not forward this information to the Cole investigators. The request is made on behalf of FBI headquarters agent Dina Corsi, but Corsi does not want the agents to launch a criminal investigation to find Almihdhar in the US—she believes the information will be useful to them because of Almihdhar’s connection to the Cole bombing. The information identifies Almihdhar as an “Islamic extremist” and says that he traveled to Kuala Lumpur, where he met an associate named Nawaf (see January 5-8, 2000). This links Almihdhar to the Cole bombing because the FBI thinks one of the bombers, Fahad al-Quso, may have traveled to Kuala Lumpur at the same time as Almihdhar. Although the 9/11 Commission will say that Corsi “had permission to share the information” with the Cole investigators, she apparently does not do so, even though it is clear from conversations they have around this time that they want it (see August 28, 2001, and August 28, 2001, August 28-29, 2001, and August 29, 2001). [9/11 Commission, 7/24/2004, pp. 271, 539; US Department of Justice, 11/2004, pp. 276-7, 283, 286, 294, 304 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
August 28, 2001: FBI Supervisor Says Search for 9/11 Hijacker Almihdhar Should Be Criminal, Not Intelligence Investigation
After learning that FBI headquarters wants the search for 9/11 hijacker Khalid Almihdhar to be an intelligence investigation, FBI supervisor Jack Cloonan protests, saying a criminal investigation would be more appropriate. Cloonan, an agent on the I-49 al-Qaeda squad at the FBI’s New York office, says that the search should be conducted by criminal agents, as they would have more freedom and resources, due to an existing indictment of Osama bin Laden. Other agents on the squad make the same argument (see August 23, 2001 and August 28, 2001). However, in the end the search will be conducted as an intelligence investigation, but will not find Almihdhar before 9/11 as only one inexperienced agent will be assigned to it (see August 29, 2001). [Wright, 2006, pp. 353]
August 28, 2001: FBI Headquarters Asks New York Office to Open Intelligence Investigation into 9/11 Hijacker Almihdhar
FBI headquarters agent Dina Corsi asks the FBI’s New York field office to open an intelligence investigation into future 9/11 hijacker Khalid Almihdhar and locate him in the US. Corsi’s written request mentions Almihdhar’s arrival in the US in July 2001 (see July 4, 2001), his previous travel to the US in January 2000 with Nawaf Alhazmi (see January 15, 2000), his attendance at al-Qaeda’s Malaysia summit (see January 5-8, 2000), his association with an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), and similarities between his travel and that of Fahad al-Quso, Ibrahim al-Thawar (a.k.a. Nibras), and Khallad bin Attash (see January 13, 2000), operatives involved in the bombing of the USS Cole. Corsi does not mention that the CIA knows bin Attash also attended the Malaysia summit, as this information has not officially been passed to the FBI yet. [US Department of Justice, 11/2004, pp. 304 ]
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]
