The FBI fails to inform its own head of the arrest of Zacarias Moussaoui. It is unclear how this failure occurs. The highest FBI official to be informed of Moussaoui’s arrest is apparently Michael Rolince, head of the FBI’s International Terrorism Operations Section (see Late August 2001), but it seems he fails to pass the information on. [9/11 Commission, 7/24/2004, pp. 275] Thomas Pickard, who is acting FBI director at this time, will later blame CIA director George Tenet, who was briefed repeatedly on the case (see August 23, 2001), for not informing him of Moussaoui’s arrest, but Tenet will comment: “I was stunned to hear [Pickard’s comments] suggesting that I had somehow failed to notify him about Moussaoui. Failed to tell him? Hell, it was the FBI’s case, their arrest. I had no idea that the Bureau wasn’t aware of what its own people were doing.” [Tenet, 2007, pp. 200-201]
August 16-September 10, 2001: FBI Fails to Brief NSC on Moussaoui, although this Is Standard Practice
Following the arrest of Zacarias Moussaoui, the FBI fails to brief the Counterterrorism and Security Group (CSG) chaired by counterterrorism “tsar” Richard Clarke at the National Security Council (NSC) on the case. CIA director George Tenet will later say that briefing the CSG on such an arrest is “standard practice.” [Tenet, 2007, pp. 200] In July 2001, Clarke had told the FBI he wanted to be informed of anything unusual, even if a sparrow fell from a tree (see Shortly After July 5, 2001).
August 16-17, 2001: Moussaoui Interviews Raise Concerns for FBI Agents
After Zacarias Moussaoui is arrested, he consents to be interviewed on the day of the arrest and the next day by FBI agent Harry Samit. However, the interviews only alarm the FBI more, as Moussaoui makes a number of suspicious statements and his answers are extremely evasive: [CNN, 9/28/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Moussaoui says he does not want the French consul to be informed of his arrest, which makes the FBI think he is a criminal or an Islamic militant;
Although Moussaoui says he works for a British company called NOP, he cannot remember what the letters stand for, neither can he recall his salary, job description, or any details of the business; [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006]
He says he works as a “marketing consultant” for Infocus Tech, a Southeast Asian technology company, but also fails to provide information about that company; [MSNBC, 12/11/2001; US Congress, 10/17/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006]
When asked about his $32,000 bank balance, he initially says it is his savings, but then admits it was given to him by friends and associates, most of whose names he cannot remember (see August 17, 2001);
Moussaoui’s passport, which indicates he spent two months in Pakistan shortly before arriving in the US, is new and he tells the FBI his old one was destroyed in the washing machine, which the agents know is a common lie for international criminals.
When Samit asks Moussaoui about his trips to Pakistan and tells Moussaoui his story does not add up and they are suspicious, Moussaoui requests an attorney and the interview ends. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Moussaoui’s associate Hussein al-Attas is also interviewed around this time and makes several statements indicating Moussaoui may be linked with a militant group (see August 16, 2001).
After August 16, 2001: INS Agent Presses for Moussaoui Warrant
Immigration and Naturalization Service agent Steve Nordmann, one of the officers who arrested Zacarias Moussaoui (see August 16, 2001), presses for a warrant so that law enforcement bodies can search Moussaoui’s computer files. He will later write of his regret that they were not allowed to access Moussaoui’s laptop. More details are not known as Nordmann will die in a motorcycle accident in 2003 and will not testify at Moussaoui’s trial. [Star-Tribune (Minneapolis), 6/28/2003; St. Cloud Times, 9/7/2003] FBI agents also press for a warrant to search Moussaoui’s belongings (see August 21, 2001 and August 23-27, 2001), which contain potentially enough information to prevent 9/11 (see August 16, 2001). However, the warrant is blocked by the Radical Fundamentalist Unit at FBI headquarters (see August 20-September 11, 2001).
August 17 and 31, 2001: CIA Director Tenet Briefs President Bush; Fails to Mention Moussaoui
CIA records show that CIA Director George Tenet briefed President Bush twice in August—once in Crawford, Texas, on August 17, and once in Washington, on August 31. [Washington Post, 4/15/2004] In Tenet’s 2007 book, he will briefly mention that “A few weeks after the August 6 PDB [titled ‘Bin Laden Determined to Strike in US’ (see August 6, 2001)] was delivered, I followed it to Crawford to make sure the president stayed current on events. That was my first visit to the ranch.” [Tenet, 2007, pp. 145] Later asked about what he told Bush at this meeting, Tenet will only say, “I held nothing back from the president. He understood our concerns about threats. He understood what we were doing around the world at the time.” [MSNBC, 5/7/2007] By the time of the second briefing, Tenet has been briefed about Zacarias Moussaoui’s arrest (see August 23, 2001), but, apparently, he fails to tell Bush about it. [Washington Post, 4/15/2004] In April 2004, Tenet will testify under oath before the 9/11 Commission that he had no direct communication with President Bush during the month of August. [New York Times, 4/15/2004] This is quickly discovered to be untrue. A CIA spokesperson will then claim, “He momentarily forgot [about the briefings]” (see April 14, 2004). [Washington Post, 4/15/2004] Tenet will personally brief Bush six more times before 9/11 and will still apparently fail to mention Moussaoui to him (see September 1-8, 2001).
August 17, 2001: In Phone Call Recorded by FBI, Imam Says Moussaoui Wants to ‘Go on Jihad’
Zacarias Moussaoui’s roommate, Hussein al-Attas, makes thirteen phone calls from jail to El Hadj Ndiaye, the imam of his local mosque in Norman, Oklahoma looking for assistance in raising money for his bond. Al-Attas was arrested and jailed shortly after Moussaoui was detained (see August 16, 2001 and August 16, 2001). Ndiaye reportedly becomes “very upset” when he hears that Moussoaui is going to be deported. According to an FBI translation of one of these conversations, Ndiaye says, “I heard you guys wanted to go on jihad.” Al-Attas responds, “Don’t talk about that now.” [US Department of Justice, 11/2004, pp. 134, 167-8, 201 ; US Department of Justice, 3/1/2006
; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006
] The Radical Fundamentalist Unit (RFU) at FBI headquarters learns of the translated conversation on August 29 (see August 29, 2001), but the RFU chief downplays the significance of the reference to jihad. Two other people involved in posting the bond for al-Attas were the subject of counterterrorism investigations (see August 20, 2001 and August 23, 2001).
August 17, 2001: Moussaoui Gives FBI Name of Alleged Accomplice
Towards the end of an interview with the FBI (see August 16-17, 2001), Zacarias Moussaoui discloses the name of one of his associates, Atif Ahmed. Moussaoui tells the FBI that Ahmed provided him with some money and that he associated with Ahmed’s brother in Pakistan. However, he cannot remember any details, such as Ahmed’s address or employment. The FBI’s Minneapolis field office immediately sends a lead to its legal attaché in London, asking him to follow up. However, information about Ahmed does not arrive in the US until “months later,” possibly November 2001, when Ahmed is arrested in Britain (see Mid-November 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Moussaoui will later say that Ahmed is a spy working for the British, but the FBI and British authorities will deny this (see July 25, 2002).
August 17-November 11, 2001 and After: FBI Fails to Check Moussaoui Computer Lead
When Zacarias Moussaoui is arrested (see August 16, 2001), he has a receipt on him for a Kinko’s store where he used a computer on August 12. The FBI does not go to this Kinko’s store to collect information about Moussaoui immediately after the arrest, but only on September 19, after the rest of Moussaoui’s belongings have been searched (see September 11, 2001). The FBI is told that the computers have been wiped and no information about Moussaoui’s use can be obtained. Due to the frequency with which Kinko’s computers are wiped, if the FBI visited the Kinko’s store immediately after the arrest, it is possible information about Moussaoui could have been recovered. Although the FBI is initially aware of some of Moussaoui’s e-mail addresses, in summer 2002 Moussaoui will reveal additional addresses he used and say he used them from this Kinko’s outlet. Although the Kinko’s computers have been wiped by 9/11, Microsoft, which operates the Hotmail service Moussaoui uses, can recover information up to 90 days after an account is last used, so the FBI could get the information it seeks from Microsoft until Mid-November 2001 (see (Late July-Early August, 2002)). However, the FBI does not know about the additional accounts at this point, partly because it was prevented from interviewing Moussaoui after 9/11 (see September 11-12, 2001). [US District Court for the Eastern District of Virginia, Alexandria Division, 1/1/2003]
August 18, 2001 or Shortly Before: Minneapolis FBI Contacts CIA Headquarters for Help with Moussaoui Case
Minneapolis FBI agent Harry Samit contacts Charles Frahm, an FBI agent who is working with the CIA’s bin Laden unit as a deputy chief, to discuss the Moussaoui case. Frahm passes on information to other CIA officers. Frahm will also be contacted by FBI headquarters about the case (see (August 20, 2001)) and will provide information linking the Chechen rebels, to which Moussaoui is connected, to Osama bin Laden and al-Qaeda (see August 24, 2001). [Tenet, 2007, pp. 201]
August 20, 2001: Moussaoui Associate Bailed Out of Custody by Subject of Counterterrorism Investigation
Hussein al-Attas, an associate of Zacarias Moussaoui, is released from an immigration detention center on bail. Al-Attas was questioned and detained shortly after Moussaoui’s arrest (see August 16, 2001 and August 16, 2001). His bail is paid by Mujahid Abdulqadir Menepta (a.k.a. Melvin Lattimore), who was investigated by the FBI over terrorism suspicions. When agents from the Minneapolis field office investigate Menepta, they find that he knows Moussaoui and attended the same mosque as him in Norman, Oklahoma. They also discover that he has an extensive criminal history and was the subject of a New York criminal-terrorism related investigation. Minneapolis agent Harry Samit writes in a memo to FBI headquarters that he thinks Menepta may be involved in whatever Moussaoui is plotting. Samit explains that he told immigration officers that he traveled to Pakistan in 1989 as part of a missionary effort. Samit says the international Islamic organization that sponsored the trip has been linked by the FBI to the recruitment of militants. Samit also reports that Menepta wasn’t entirely truthful with the INS. Samit says Pakistan apparently issued him a visa in April 1990, something he failed to disclose to the INS. Additionally, Menepta told immigration officers that he is al-Attas’ roommate, but al-Attas has been living with Moussaoui and another man for one month at an address different than the one indicated by Menepta. Samit says that the the explanation that he flew to Minneapolis to post al-Attas’ bond so that al-Attas can return to teach children at the Oklahoma mosque seems “farfetched.” [US Department of Justice, 11/2004, pp. 135-6 ; US Department of Justice, 3/1/2006
; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006
]