Within an hour of the 9/11 attacks, the Minnesota FBI uses a memo written to FBI headquarters shortly after Zacarias Moussaoui’s arrest to ask permission from a judge for the search warrant they have been desperately seeking. After the World Trade Center is hit for the first time at 8:46 a.m., Mike Maltbie of the Radical Fundamentalist Unit (RFU) at FBI headquarters calls the Minneapolis field office and talks to FBI agent Coleen Rowley. When Rowley says it is essential they get a warrant to search Moussaoui’s belongings, Maltbie instructs her to take no action, because it could have an impact on matters of which she is not aware. Rowley replies that it would have to be the “hugest coincidence” if Moussaoui were not related to the attack. She will recall that Maltbie replies that coincidence is the right word. Maltbie will later say he does not recall using the word “coincidence” in the conversation. Maltbie then consults Tom Ainora, an attorney at the FBI’s national security law unit, who says Minneapolis should seek the warrant. While Rowley is waiting for Maltbie to call back, one of her colleagues, Chris Briese, talks to RFU chief Dave Frasca. According to Briese, Frasca initially says there is not enough evidence for a criminal warrant, but when they find out the Pentagon has been hit Frasca consents. Frasca will say that he consents immediately. [Time, 5/21/2002; US Department of Justice, 11/2004, pp. 178-9 
] Briese later tells Samit that Frasca also initially claims it is just “a coincidence.” [Minneapolis Star Tribune, 6/4/2006] A federal judge approves a criminal search warrant this afternoon. [New Yorker, 9/30/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] The Radical Fundamentalist Unit at FBI headquarters had previously blocked requests for criminal and intelligence search warrants (see August 21, 2001 and August 28, 2001). Rowley will note that this very memo was previously deemed insufficient by FBI headquarters to get a search warrant, and the fact that they are immediately granted one when finally allowed to ask shows “the missing piece of probable cause was only the [FBI headquarters’] failure to appreciate that such an event could occur.” [Time, 5/21/2002] After the warrant is granted, Moussaoui’s belongings are then rushed to an evidence response team, which discovers documents linking Moussaoui to 11 of the hijackers (see August 16, 2001). Rowley later suggests that if they had received the search warrant sooner, “There is at least some chance that… may have limited the September 11th attacks and resulting loss of life.” [Time, 5/27/2002]
September 11-12, 2001: FBI Agents Denied Permission to Interview Moussaoui, Due to Lack of Emergency
The FBI’s Minneapolis office asks for permission to interview Zacarias Moussaoui a few hours after the end of the 9/11 attacks, but permission is denied, apparently on the grounds that there is no emergency. On 9/11, the office’s counsel, Coleen Rowley, seeks permission from the Acting US Attorney to question Moussaoui about whether al-Qaeda has any further plans to hijack airliners or otherwise attack the US. The next day she asks again; this time the request is sent to the Justice Department. Such questioning would not usually be permitted, but Rowley argues that it should be allowed under a public safety exception. However, permission is denied and Rowley is told that the emergency is over so the public safety exception does not apply. Rowley will later comment: “We were so flabbergasted about the fact we were told no public safety emergency existed just hours after the attacks that my boss advised me to document it in a memo which became the first document in the legal subfile of the FBI’s ‘Penttbom’ case.” [Huffington Post, 5/2/2007] Some sources will suggest that Moussaoui was to be part of a second wave of attacks (see September 5, 2002). He is also an associate of shoe bomber Richard Reid, who will attempt to blow up an airliner later this year (see Mid-2000-December 9, 2000 and December 22, 2001).
Evening, September 11, 2001: Police Raid Moussaoui’s Old London Flat, but Cannot Find Girlfriend
British police raid a flat previously used by Zacarias Moussaoui in Brixton, London. [CNN, 12/11/2001] The flat was also used by Moussaoui’s North-African girlfriend, but little is known about her. She is said to be wanted for questioning in connection with “terror-related activities,” but it is unclear if she is ever found or why the police would think she was involved in “terror-related activities.” [Guardian, 10/6/2001; Los Angeles Times, 12/13/2001] The Independent will report that the police are still looking for her three months later. [Independent, 12/11/2001] Some accounts say the girlfriend was one of his cousins. [Los Angeles Times, 12/13/2001] There has been no word or public interview of the girlfriend since.
Shortly After September 11, 2001-March 5, 2009: Germany Fails to Charge Al-Qaeda Hamburg Cell Member before He Rejoins Al-Qaeda in Pakistan
Shortly after 9/11, US officials are finally able to investigate the possessions of prisoner Zacarias Moussaoui, and they discover the phone number of Naamen Meziche on a piece of paper. Meziche is an apparent member of the al-Qaeda cell in Hamburg with a few of the 9/11 hijackers, although his involvement in the cell will only be made public after he is killed by a US drone strike in Pakistan in 2010 (see October 5, 2010). He is a French citizen of Algerian descent, and a longtime resident of Hamburg, Germany. Investigators also learn that Moussaoui called Meziche’s number at some time in August 2001 (presumably before Moussaoui’s arrest on August 16 (see Early August 2001)). German intelligence begins investigating Meziche and discovers more phone and e-mail communications with suspected al-Qaeda operatives. Few details are publicly released, but one detail is known: on September 5, 2001, hijacker associate Ramzi bin al-Shibh called Meziche from the airport as he was leaving Germany for Pakistan in anticipation of the 9/11 attacks (see September 5, 2001). Police ask dozens of witnesses for evidence against Meziche. In 2002, Meziche is questioned by police and denies getting the calls from bin al-Shibh or Moussaoui. [Wall Street Journal, 10/16/2010] In 2003, the German government secretly classifies Meziche as a threat. An investigation is launched in 2004 with the hope of charging him with forming a terrorist organization, but it is later suspended. On March 5, 2009, Meziche flies to Pakistan with a group of radical Islamists from Pakistan and attends training camps (see March 5, 2009). [Der Spiegel (Hamburg), 10/11/2010] After Meziche’s death in the 2010 drone strike, German investigators will express their frustration at being unable to arrest him. On several occasions, suspects have been pulled off of airplanes just before takeoff, only to be released a few hours later. One unnamed intelligence official will say: “You can’t charge them with a crime until they show up in a terrorist camp. And then we can only hope they don’t return.” [Wall Street Journal, 10/16/2010]
Mid-September-Early November 2001: German Intelligence Fails to Uncover True Identity of Man Connected to Moussaoui and Al-Qaeda’s Hamburg Cell
Shortly after 9/11, US investigators are finally able to access prisoner Zacarias Moussaoui’s belongings. A German cell phone number is found in his address book. In Germany, cell phone buyers must present a passport or other official identification, so German police quickly discover that the number belongs to Karl Herweg of Dusseldorf, Germany. Looking at phone records, it is discovered that in the weeks before 9/11, Herweg called Mounir El Motassadeq, Zakariya Essabar, and Mohammed Haydar Zammar, all believed to be members of the al-Qaeda cell in Hamburg, Germany, along with a few of the 9/11 hijackers. Additionally, Herweg called “Mohammed R.,” who remains publicly unknown but is believed to be a key 9/11 suspect. [Chicago Tribune, 2/25/2003] (Note that if this is the correct first name and initial, it could be a reference to Mohammed Rajih, a Yemeni whom German authorities will investigate for terrorist ties at some point before 2005, and who has links to some Hamburg cell figures—see 1998.) [Vidino, 2006, pp. 256] Herweg also called a satellite phone probably used by al-Qaeda leaders in Afghanistan. However, police learn that no one in Dusseldorf has the name “Karl Herweg.” There is a couple living next door to the bogus address with the last name of Herweg, but they have no children and have never heard of any Karl Herweg. Police begin tapping Herweg’s phone. But when no new calls are made or received by early November 2001, the surveillance is discontinued. However, phone records show that at least one call is made with the phone afterwards. Herweg’s actual identity and his relationship to Moussaoui and the Hamburg cell will remain a mystery. In 2003, the Chicago Tribune will call Herweg “one of the most important figures in the continuing mystery that is Sept. 11.” [Chicago Tribune, 2/25/2003]
September 17-18, 2001: CIA Connects Moussaoui to 9/11 Hijackers through Malaysia Summit Host
The CIA is informed that the possessions of Zacarias Moussaoui, which were searched after 9/11, contain a letter from a company called In Focus Tech (see August 16, 2001). The CIA finds that the company’s manager is Yazid Sufaat, who hosted an al-Qaeda summit in Kuala Lumpur, Malaysia, that was attended by hijackers Nawaf Alhazmi and Khalid Almihdhar. Various al-Qaeda leaders were also present at the meeting, which was monitored by the CIA (see January 5-8, 2000). CIA director George Tenet will later comment: “and with that the circle closed and things started to come together in a hurry… [T]his was the same Yazid Sufaat whose condo in Kuala Lumpur had been the venue for what turned out to be the first operational meeting in the planning for 9/11—the meeting… that was attended by Almihdhar and Alhazmi.” [Tenet, 2007, pp. 204]
October 20, 2001: Report Finds None Arrested in Terrorism Investigation Connected to 9/11
The New York Times reports that, although 830 people have been arrested in the 9/11 terrorism investigation (a number that eventually exceeds between 1,200 and 2,000 (see November 5, 2001), there is no evidence that anyone now in custody was a conspirator in the 9/11 attacks. Furthermore, “none of the nearly 100 people still being sought by the [FBI] is seen as a major suspect.” Of all the people arrested, only four, Zacarias Moussaoui, Ayub Ali Khan, Mohammed Azmath, and Nabil al-Marabh, are likely connected to al-Qaeda. [New York Times, 10/21/2001] Three of those are later cleared of ties to al-Qaeda. After being kept in solitary confinement for more than eight months without seeing a judge or being assigned a lawyer, al-Marabh pleads guilty to the minor charge of entering the United States illegally (see September 3, 2002) and is deported to Syria (see January 2004). There is considerable evidence al-Marabh did have ties to al-Qaeda and even the 9/11 plot (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). [Washington Post, 6/12/2002; Canadian Broadcasting Corporation, 8/27/2002] On September 12, 2002, after a year in solitary confinement and four months before he was able to contact a lawyer, Mohammed Azmath pleads guilty to one count of credit card fraud, and is released with time served. Ayub Ali Khan, whose real name is apparently Syed Gul Mohammad Shah, is given a longer sentence for credit card fraud, but is released and deported by the end of 2002. [Village Voice, 9/25/2002; New York Times, 12/31/2002] By December 2002, only 6 are known to still be in custody, and none have been charged with any terrorist acts (see December 11, 2002). On September 24, 2001, Newsweek reported that “the FBI has privately estimated that more than 1,000 individuals—most of them foreign nationals—with suspected terrorist ties are currently living in the United States.” [Newsweek, 10/1/2001]
October 21, 2001: Washington Post Article Hints at US Government’s Use of Rendition and Torture
A Washington Post article hints at the US government’s use rendition and torture. It refers to four suspects out of the hundreds arrested in the US—Zacarias Moussaoui, Nabil al-Marabh, Ayub Ali Khan, and Mohammed Azmath—who may actually have links to al-Qaeda (see October 20, 2001). The article quotes an “experienced FBI agent involved in the investigation,” who says: “We are known for humanitarian treatment, so basically we are stuck.… Usually there is some incentive, some angle to play, what you can do for them. But it could get to that spot where we could go to pressure… where we won’t have a choice, and we are probably getting there.” The article goes on to mention: “Among the alternative strategies under discussion are using drugs or pressure tactics, such as those employed occasionally by Israeli interrogators, to extract information. Another idea is extraditing the suspects to allied countries where security services sometimes employ threats to family members or resort to torture.” [Washington Post, 10/21/2001] Although it is little known in the US at the time, the CIA has already been renditioning suspects to countries known for practicing torture (see September 23, 2001), and has made arrangements with NATO countries to increase the number of such renditions (see October 4, 2001). Azmath and Khan will later be cleared of al-Qaeda ties and released (see October 20, 2001). Al-Marabh will be deported to Syria under mysterious circumstances and rearrested by the Syrian government (see Spring 2004). Moussaoui will be sentenced to life in prison in the US (see May 3, 2006).
Mid-November 2001: Alleged British Al-Qaeda Informer Arrested and Released
Atif Ahmed, an alleged co-conspirator of Zacarias Moussaoui, is arrested in London, but is released soon after. Ahmed was named as an associate by Moussaoui in August (see August 17, 2001) and the arrest follows a search of his flat, which produces enough evidence for an arrest warrant. The FBI works closely on the case with the New York Police Department and London police, and evidence about Ahmed comes from various parts of the FBI’s 9/11 investigation. Investigators also find a phone call that suggests Ahmed and Moussaoui were working together. [ABC News, 11/14/2001] However, Ahmed is released a few days later and British security sources will later describe Ahmed as a minor figure in the London Islamist underground. [Financial Times, 9/19/2002] Moussaoui will later claim that Ahmed is a British agent and had foreknowledge of 9/11 (see July 25, 2002).
December 11, 2001: Moussaoui Indicted, Could Face Death Penalty
Zacarias Moussaoui is criminally indicted for his role in the 9/11 attacks. If he is found guilty, he could be sentenced to death. [MSNBC, 12/11/2001; Associated Press, 12/12/2001] Moussaoui has admitted to being a member of al-Qaeda, but while he has been involved in militant activity, many have expressed doubts that he was involved in the 9/11 plot.
