CIA Director George Tenet and senior CIA senior staff are briefed repeatedly about the arrest of Zacarias Moussaoui. When news of the case first reaches the CIA, Tenet is absent and his deputy John McLaughlin is briefed, probably around August 20, 2001. [9/11 Commission, 4/13/2004; 9/11 Commission, 7/24/2004, pp. 541]
Series of Briefings – Tenet is informed of Moussaoui on August 23 in a briefing entitled “Islamic Extremist Learns to Fly.” The briefing states that Moussaoui paid for his training in cash, was interested to learn a plane’s doors do not open in flight, and wanted training on London to New York City flights. [US District Court for the Eastern District of Virginia, Alexandria District, 7/31/2006 
] At the same time Tenet is briefed on a number of other items, including the arrest of one of Moussaoui’s associates, Djamel Beghal (see July 24 or 28, 2001), and a group of Pakistanis arrested in Bolivia during preparations for a hijacking. [Tenet, 2007, pp. 200] Tenet and other CIA officials are then kept up to date with developments in the case in a series of at least five briefings. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
No Discussion with Other Agencies – However, others such as President Bush and the White House Counterterrorism Support Group (CSG) are not told about Moussaoui until after the 9/11 attacks begin (see August 16-September 10, 2001). Even the acting director of the FBI is not told (see August 16-September 10, 2001), despite the fact that lower level FBI officials who made the arrest tried to pass on the information. Tenet later maintains that there was no reason to alert President Bush or to share information about Moussaoui during an early September 2001 Cabinet-level meeting on terrorism, saying, “All I can tell you is, it wasn’t the appropriate place. I just can’t take you any farther than that.” [Washington Post, 4/17/2004; US District Court of Eastern Virginia, 5/4/2006, pp. 6 ]
‘Lousy Explanation’ – 9/11 Commissioner Tim Roemer will later come to the conclusion that this is, in author Philip Shenon’s words, a “lousy explanation,” and that Tenet should have called Acting FBI Director Thomas Pickard to talk about the case, because Tenet was well aware that the FBI was “dysfunctional” at terrorism investigations and that it did not have a permanent director at that time. Roemer will ask, “The report about Moussaoui shoots up the chain of command at the CIA like the lit fuse on a bomb, but Director Tenet never picks up the phone to call the FBI about it?” Roemer will conclude that a call from Tenet to Pickard might have prevented 9/11, and will be amazed Tenet does not mention it at the September terrorism meeting, “If the system is blinking red, why don’t you bring it up?” [Shenon, 2008, pp. 361]
August 23-27, 2001: Minnesota FBI Agents ‘Absolutely Convinced’ Moussaoui Plans to Hijack Plane; They Are Undermined by FBI Headquarters
In the wake of the French intelligence report (see August 22, 2001) on Zacarias Moussaoui, FBI agents in Minneapolis, Minnesota, are “in a frenzy” and “absolutely convinced he [is] planning to do something with a plane.” Agent Greg Jones tells FBI headquarters that Moussaoui might “fly something into the World Trade Center.” [Newsweek, 5/20/2002; US Department of Justice, 11/2004, pp. 153 ] Minneapolis FBI agents become “desperate to search the computer lap top” and “conduct a more thorough search of his personal effects,” especially since Moussaoui acted as if he was hiding something important in the laptop when arrested. [Time, 5/21/2002; Time, 5/27/2002] As the Radical Fundamentalist Unit (RFU) at FBI headquarters has already blocked an application for a criminal warrant (see August 21, 2001), the FBI’s Minneapolis field office must apply for one under the Foreign Intelligence Surveillance Act (FISA). Minneapolis agent Harry Samit completes an application for a warrant to search Moussaoui’s belongings on August 25. To obtain the warrant, he has to show there is probable cause to believe Moussaoui is an agent of a foreign power. The memo states that Moussaoui recruited a fighter for a particular Chechen rebel group connected to al-Qaeda, so he is connected to al-Qaeda through the Chechens. However, the RFU at FBI headquarters believes that the Chechen rebels should not be described as a foreign power and that the link between the Chechens and bin Laden is not strong enough. [US Department of Justice, 11/2004, pp. 128-132 ; US Department of Justice, 3/1/2006 ] However, earlier in 2001 the FBI had received information indicating that this Chechen group and bin Laden were planning to attack US interests (see Before April 13, 2001). Minneapolis FBI agent Coleen Rowley later sums up how the Minneapolis agents feel at this point, when she says FBI headquarters “almost inexplicably, throw up roadblocks” and undermine their efforts. Headquarters personnel bring up “almost ridiculous questions in their apparent efforts to undermine the probable cause.” One of Jones’ e-mails to FBI headquarters says they are “setting this up for failure.” That turns out to be correct. [Time, 5/21/2002; Time, 5/27/2002; US Department of Justice, 11/2004, pp. 161 ]
August 24, 2001: CIA Officer Detailed to FBI Asked to Help with Moussaoui Warrant
After the CIA sends the FBI information it thinks is sufficient for a warrant to search Zacarias Moussaoui’s belongings (see August 24, 2001), the CIA’s Counterterrorist Center (CTC) sends the same information to a CIA representative to the FBI and asks him to help arrange a search warrant. The representative is not named, but it may be Tom Wilshire (see May 2001), a CIA officer assigned to the FBI who requests information about Moussaoui on this day (see August 24, 2001). The CTC officer writes: “No one in the FBI seems to have latched on to this. Perhaps you can educate them on Moussaoui. This may be all they need to open a FISA on Moussaoui.” [Tenet, 2007, pp. 202]
August 24, 2001: Frustrated Minnesota FBI Asks CIA for Help with Moussaoui Case
Frustrated with the lack of response from FBI headquarters about Zacarias Moussaoui, the Minnesota FBI contacts an FBI agent working with the CIA’s Counterterrorism Center, and asks for help. [US Congress, 10/17/2002] On this day, the CIA sends a cable to stations and bases overseas requesting information about Moussaoui. The cable is titled, “Subjects Involved in Suspicious 747 Flight Training.” The cable says that the FBI is investigating Moussaoui for possible involvement in the planning of a terrorist attack and mentions his efforts to obtain flight training. It also suggests he might be “involved in a larger plot to target airlines traveling from Europe to the US.” [US Congress, 9/18/2002; 9/11 Commission, 7/24/2004, pp. 540] It calls him a “suspect 747 airline attacker” and a “suspect airline suicide hijacker”—showing that the form of the 9/11 attack is not a surprise, at least to the CIA. [US Congress, 10/17/2002] FBI headquarters responds by chastising the Minnesota FBI for notifying the CIA without approval. [Time, 5/21/2002]
August 24, 2001: CIA Manager Requests Information about Moussaoui Case, Makes Disparaging Reference to Minneapolis Field Office
Tom Wilshire, a CIA manager detailed to the FBI (see May 2001), writes to Dave Frasca, head of the FBI’s radical fundamentalist unit, to obtain information about the progress of the case of Zacarias Moussaoui. Moussaoui was arrested by the FBI’s Minneapolis field office, which Wilshire refers to as the “Minneapolis Airplane IV crowd.” Presumably, this is a reference to the films Airplane and Airplane II, which were parodies of disaster and sci-fi movies. He asks whether leads have been sent out to obtain additional biographical information and whether the FBI has photographs it can provide the CIA. He receives a reply from one of Frasca’s subordinates telling him there are no indications Moussaoui has plans for nefarious activity (see August 24, 2001). [BBC, 3/13/2001; BBC, 3/13/2001; US Department of Justice, 11/2004, pp. 151 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
August 24, 2001: FBI Agent Claims ‘No Indication’ Moussaoui Is Planning Nefarious Activity, Despite Knowing Evidence Otherwise
Mike Maltbie, a supervisory special agent with the Radical Fundamentalist Unit at FBI headquarters, writes to Tom Wilshire, a CIA manager stationed with the FBI, about the case of Zacarias Moussaoui and Hussein al-Attas (see August 24, 2001). He tells Wilshire what actions the FBI has taken on the case and concludes by saying, “Please bear in mind that there is no indication that either of these two had plans for nefarious activity as was apparently indicated in an earlier communication.” The word “no” is underlined. [US Department of Justice, 11/2004, pp. 151 ] However, the FBI’s field office in Minneapolis suspects Moussaoui is part of a wider plot to hijack airliners and Maltbie is aware of their concerns (see August 15-20, 2001).
Late August-Early September 2001: FBI Fails to Ask Failed Millennium Bomber to Identify Moussaoui
The FBI fails to ask Ahmed Ressam, an al-Qaeda operative arrested during the Millennium alert (see December 14, 1999), whether he can identify Zacarias Moussaoui. Agents in Seattle holding Ressam receive a general notification about the Moussaoui case, but it lacks urgency and they do not follow up on it with Ressam (see September 4, 2001). When asked shortly after 9/11, Ressam will say he recognizes Moussaoui from al-Qaeda’s training camps in Afghanistan. The 9/11 Commission will conclude that had Ressam been shown photos of Moussaoui and identified him before 9/11, the FBI would have been able to search his belongings. The belongings contain enough information to potentially prevent 9/11 (see August 16, 2001). The FBI also fails to ask Ressam whether he recognizes Khalid Almihdhar at this time, although Ressam has never met Almihdhar and will not identify him after 9/11 (see August 21, 2001). [Sunday Times (London), 2/3/2002; 9/11 Commission, 7/24/2004, pp. 275-6, 541]
August 28, 2001: CIA Fails to Connect KSM, Bin Al-Shibh, and Moussaoui
In April 2001, the CIA analyzed some “intriguing information associated with a person known as ‘Mukhtar.’” The CIA didn’t know who this was at the time, only that he was associated with top al-Qaeda deputy Abu Zubaida and that he seemed to be involved in planning al-Qaeda activities. On August 28, 2001, the CIA receives a cable reporting that Khalid Shaikh Mohammed (KSM) has the nickname of Mukhtar (which means “brain” in Arabic). However, apparently no one at the CIA’s bin Laden unit makes the connection between this new information and the April 2001 information. The 9/11 Commission writes, “Only after 9/11 would it be discovered that Muhktar/KSM had communicated with a phone that was used by [Ramzi] bin al-Shibh, and that bin al-Shibh had used the same phone to communicate with [Zacarias] Moussaoui [who is in US custody by this time.]” [US Congress, 7/24/2003, pp. 322; 9/11 Commission, 7/24/2004, pp. 277]
August 29, 2001: FBI Headquarters Not Concerned about Imam’s Reference to Moussaoui and Jihad
The Radical Fundamentalist Unit (RFU) at FBI headquarters learns of a translated conversation (see August 17, 2001) between Zacarias Moussaoui’s roommate, Hussein al-Attas, and an imam from a mosque in Norman, Oklahoma, in which the imam had said, “I heard you guys wanted to go on jihad.” On this day, the FBI also learns about al-Attas’s will, which states that “death is near” and that “those who participate in jihad can expect to see God.” After receiving the information, RFU chief Dave Frasca replies in an e-mail, “The will is interesting. The jihad comment doesn’t concern me by itself in that this word can mean many things in various [M]uslim cultures and is frequently taken out of context.” However, a top Justice Department attorney who submits applications for warrants under the Foreign Intelligence Surveillance Act (FISA), will later say that “he would have tied bells and whistles” to the jihad comment in a FISA application. A later investigation by the Justice Department’s Office of Inspector General will conclude that the comment was “significant” and “should have been given greater weight in considering whether there was probable cause to believe Moussaoui was connected to a terrorist group.” [US Department of Justice, 11/2004, pp. 134, 167-8, 201 ; US Department of Justice, 3/1/2006 ]
After August 28, 2001: FBI Fails to Reconsider Seeking Criminal Warrant for Moussaoui
After the FBI decides not to seek a warrant to search Zacarias Moussaoui’s belongings under the Foreign Intelligence Surveillance Act (FISA) (see August 28, 2001), it fails to reconsider the possibility of applying for a criminal warrant. A criminal warrant was not sought initially, partially because if the warrant application were unsuccessful, it would adversely affect the chances of getting a FISA warrant (see August 21, 2001). Now that a FISA warrant is not to be sought, this potential consequence is irrelevant. Dave Frasca, head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, will later say that he does not know why he, his subordinate Mike Maltbie, and the FBI’s Minneapolis field office do not bring this possibility up at this time, but will suggest that everybody probably forgot to raise the matter. Maltbie will say he does not think there is enough evidence for a warrant. Minneapolis personnel will say they do not bring the issue up because they do not think of it, are not in charge of the case, and the RFU has previously blocked this route. The Justice Department’s inspector general will say that the failure to reconsider obtaining a criminal search warrant is “puzzling” and “even more troubling” than the previous errors in the case’s handling, adding that it “also shows a troubling lack of initiative and acceptance of responsibility by FBI headquarters.” [US Department of Justice, 11/2004, pp. 168-9, 191-2 ]
