Michael Rolince, who headed the FBI’s International Terrorism Operations Section when Zacarias Moussaoui was arrested, testifies at Moussaoui’s trial (see March 6-May 4, 2006). He initially states that he was only informed of the Moussaoui case before 9/11 in two brief hallway conversations (see Late August 2001) and did not read a memo sent to him by the Minneapolis field office. However, under cross-examination he admits he also discussed a plan to deport Moussaoui to France, where his belongings could be searched (see (August 30-September 10, 2001)). [Associated Press, 3/21/2006; Associated Press, 3/21/2006] According to Newsday, Rolince appears “red-faced and flustered” at the end of the cross-examination and makes the court burst out laughing when he says he did not approve a briefing to FBI field offices about bin Laden threats in the US (see Before April 13, 2001), even though the briefing states he approved it. He says one of his subordinates may have approved it. [Associated Press, 3/21/2006; Newsday, 3/22/2006] Rolince is called by the prosecution, which wants him to give a list of steps the FBI would have taken if Moussaoui had confessed. However, Judge Brinkema states that, “Juries cannot decide cases on speculation… Nobody knows what would have happened.” [Associated Press, 3/21/2006; Associated Press, 3/22/2006]
March 22, 2006: Increased Airport Security May Have Thwarted 9/11 if Moussaoui Confessed
During the trial of Zacarias Moussaoui (see also March 6-May 4, 2006), the prosecution claims that if Zacarias Moussaoui had not lied when arrested and questioned (see August 16, 2001) and had provided information about the plot (see August 16, 2001), the FAA could have altered its security procedures to deal with the suicide hijacker threat. Prosecution witness Robert Cammaroto, an aviation security officer, says that security measures in effect before 9/11 were designed to cope with different types of threats, such as “the homesick Cuban,” rather than suicide hijackings. He says that if the FAA had more information about Moussaoui, its three dozen air marshals could have been moved from international to domestic flights, security checkpoints could have been tightened to detect short knives like the ones Moussaoui had, and flight crews could have been instructed to resist rather than cooperate with hijackers. Most of these steps could have been implemented within a matter of hours. However, Cammarato admits that the FAA was aware before 9/11 that terrorists considered flying a plane into the Eiffel Tower and that al-Qaeda has performed suicide operations on land and sea. [Associated Press, 3/22/2006]
March 23-April 20, 2006 and July 31, 2006: Evidence from Moussaoui Trial Published on Internet
During the trial of Zacarias Moussaoui (see March 6-May 4, 2006), the Reporters Committee for Freedom of the Press publishes a significant portion of the exhibits used during the trial. [Reporters Committee for Freedom of the Press, 12/4/2006] Previously, only a few items of the evidence linking the attacks to al-Qaeda were made public. For example, the 9/11 Commission’s Terrorist Travel Monograph contained 18 documents of the alleged hijackers and their associates. [9/11 Commission, 8/21/2004, pp. 171-195 ] The published exhibits include:
Items belonging to the alleged hijackers that were recovered from the crash sites and Logan airport;
Some details of the hijackers’ movements in the US;
Graphic photos of dead victims and body parts in the Pentagon and WTC ruins;
Substitutions for testimony from some of the main plotters such as Khalid Shaikh Mohammed;
The missing chapter from the Justice Department’s Office of Inspector General’s review of the FBI’s performance before 9/11 (see June 9, 2005); and
FBI and CIA documents. [Reporters Committee for Freedom of the Press, 12/4/2006]
At the end of July, the US District Court for the Eastern District of Virginia, Alexandria Division, publishes more of the exhibits used in the trial. The additionally published exhibits include, for example: Documents of the hijackers found at the crash sites and Logan airport, such as Satam Al Suqami’s passport (see After 8:46 a.m. September 11, 2001), Ahmed Alnami’s youth hosteling card, and old correspondence between Mohamed Atta and the German authorities;
Recordings of calls made by the passengers from the flights and recordings of the hijacker pilots talking to the passengers;
Documents about the alleged hijackers prepared by the FBI such as a True Name Usage Chart for 2001 and chronologies for eleven of the hijackers from August 16-September 11, 2001;
Documents from the hijackers’ flight schools;
A small sample of the hijackers’ banking and phone records.
However, some of the exhibits are not disclosed. For example, the cockpit voice recording from United 93 is sealed and only a transcript is made available. [US District Court for the Eastern District of Virginia, 7/31/2006]
March 27, 2006: Moussaoui Testifies Against Self, Claims He Was to Fly Fifth Plane on 9/11
Against the will of his defense attorneys, Zacarias Moussaoui takes the stand at his trial (see March 6-May 4, 2006) and claims that he was supposed to fly a fifth plane on 9/11. He says the plane would have targeted the White House and one of the muscle hijackers would have been shoe-bomber Richard Reid (see December 22, 2001). However, he claims not to have known the details of the other hijackings, only that the WTC would be hit. He does not mention any other collaborators aside from Reid, who has already been sentenced to a long prison term. When the prosecution asks him whether he lied to FBI investigators so the plan could go forward he replies, “That’s correct.” An Associated Press expert calls this, “a stunning revelation that would help prosecutors rather than him.” [Associated Press, 3/27/2006] In what the New York Times calls a “bizarre moment,” the defense team, aware of the damage this admission could do, subject Moussaoui to tough questioning and the chief prosecutor objects that one of the defense attorneys is badgering his own client. [New York Times, 4/17/2006]
Uncertainty over Fifth Jet – There is some dispute over whether Moussaoui was indeed to have flown a fifth plane (see January 30, 2003 and Before 2008). Following the testimony, the defense reads statements made by al-Qaeda leaders who are in custody, but are not permitted to testify at the trial (see May 14, 2003 and March 22, 2005). The statements say that Moussaoui was not part of 9/11, but a follow-up operation. [Associated Press, 3/28/2006; US District Court for the Eastern District of Virginia, 7/31/2006 ] However, these statements were obtained using torture (see June 16, 2004). The government later concedes that there is no evidence linking Richard Reid to 9/11. [Associated Press, 4/20/2006]
“Complete Fabrication” – Moussaoui had denied being part of 9/11 before the trial (see April 22, 2005). By the end of the trial he will do so again, calling the confession he makes on this day “a complete fabrication.” [Associated Press, 5/8/2006]
March 28, 2006: Portions of CIA Inspector General’s Report Released for Moussaoui Trial
Four statements based on the CIA inspector general’s report on some aspects of the agency’s performance before 9/11 are introduced as evidence at the trial of Zacarias Moussaoui by the defense. The report was completed in 2004 (see June-November 2004), but rewritten and is still secret (see January 7, 2005). The four passages say: “Numerous” CIA officers accessed cables reporting that Khalid Almihdhar’s passport contained a US visa and Nawaf Alhazmi had flown from Thailand to Los Angeles (see Mid-January-March 2000); [US District Court for the Eastern District of Virginia, Alexandria District, 3/28/2006
]
FBI Director Louis Freeh was briefed about Almihdhar in January 2000, but not told that Almihdhar had a US visa (see January 6-9, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006
]
Nobody at Alec Station, the CIA’s bin Laden unit, notified CIA personnel authorized to collect foreign intelligence in the US together with the FBI about Almihdhar’s US visa (see 9:30 a.m. – 4:00 p.m. January 5, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006
]
The CIA was unaware of the Phoenix memo until after 9/11 (note: this may not actually be true—see (July 27, 2001)). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2005
]
Two sections of the 9/11 Congressional Inquiry report are also introduced as evidence as substitutes for the CIA inspector general’s report. They cover the use of aircraft as weapons and US knowledge of bin Laden’s intentions to strike inside the US in the summer of 2001. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006
]
April 12, 2006: United 93 Cockpit Recording Played in Court, Transcript Released
The cockpit voice recorder tape from United 93, which crashed in Shanksville, Pennsylvania (see (10:06 a.m.) September 11, 2001), is played at the trial of Zacarias Moussaoui (see March 6-May 4, 2006) just before the prosecution rests its case. Translations are displayed on a screen along with information taken from the plane’s flight data recorder, such as speed, altitude, and steering yoke position. [Associated Press, 4/12/2006; London Times, 4/12/2006] The recording is sealed by the judge and a transcript is made available to the public. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] This is a big media event and it receives lots of coverage. CNN, for example, calls it “an absolutely spellbinding, unforgettable day in court.” Many of the passages are unintelligible, but the recording seems to indicate that the hijackers murdered a flight attendant. [CNN, 4/12/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] Some of the victims’ relatives previously heard the recording at a private meeting (see April 18, 2002).
May 3, 2006: Moussaoui Sentenced to Life in Prison for Role in 9/11 Attacks; Escapes Death Penalty by One Vote
Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” [Washington Post, 5/12/2006] As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” [Associated Press, 5/8/2006]
May 4, 2006: US Jury Finds 9/11 Hijacker Associate Not Guilty of Lying
Osama Awadallah, an alleged associate of two 9/11 hijackers in San Diego, is acquitted in a US trial. Awadallah, a Jordanian living in the US since 1999, was not accused of terrorist activity, but was merely charged with lying to a grand jury investigating the 9/11 attacks. Nine days after 9/11, he was interviewed by the FBI, and he admitted that he knew 9/11 hijacker Nawaf Alhazmi. However, he denied knowing hijacker Khalid Almihdhar, who lived with Alhazmi in San Diego. Awadallah was detained as a material witness. After 9/11, his old phone number was found in a car used by some of the hijackers. Eleven jurors wanted to convict him, but one did not, so a mistrial was declared after jurors made clear they could not reach a unanimous verdict. Had he been convicted, he would have faced little to no jail time, and then deportation. Instead, he will continue his studies at San Diego State University. [Associated Press, 5/5/2006] It has been claimed that one day before the 9/11 attacks, Awadallah and others appeared to be celebrating the upcoming attacks (see Late August-September 10, 2001).
May 16, 2006: Pentagon Releases Two Videos of the Pentagon Crash, but the Quality Is Poor
For the first time, the US Department of Defense officially releases video footage of the Pentagon attack. Two security cameras outside the building recorded the footage on the morning of 9/11 (see 9:37 a.m. September 11, 2001). [US Department of Defense, 9/11/2001; US Department of Defense, 9/11/2001; Associated Press, 5/17/2006; Washington Post, 5/17/2006] The digital cameras positioned north of the crash site had recently been installed and were still undergoing testing. They were part of a security system that enabled a guard in a booth to identify drivers heading toward the parking lot for the Pentagon Mall Entrance. [Goldberg et al., 2007, pp. 161] The Pentagon releases the two videos in response to a Freedom of Information Act request and related lawsuit by the public interest group Judicial Watch. It previously refused to do so because, it said, the tapes were “part of an ongoing investigation involving Zacarias Moussaoui.” [Judicial Watch, 5/16/2006] Both tapes were played as evidence during Moussaoui’s recent death penalty trial. [Washington Post, 5/17/2006] However, the footage is of poor quality and several still images from one of the tapes have in fact already been released unofficially (see March 7, 2002). [Associated Press, 5/17/2006] Furthermore, Judicial Watch had sought all recordings of the Pentagon attack, including those taken by cameras at the nearby Sheraton Hotel and Citgo gas station, and Virginia Department of Transportation traffic cameras (see (After 9:37 a.m.) September 11, 2001). [Judicial Watch, 5/16/2006] According to CNN’s Jamie McIntyre: “[T]here are at least 80 other tapes that the government is holding onto. We’re told that they don’t really show much, but sources have told us that at least one of the tapes from a security camera at a nearby hotel may have captured the plane in the air.” [CNN, 5/20/2006] So far, none of these tapes have been made public, though the FBI will release the footage from the Citgo gas station and video taken from the Doubletree Hotel in Arlington later this year (see September 13, 2006-Early December 2006). Judicial Watch President Tom Fitton says he hopes the newly released Pentagon security camera footage “will put to rest the conspiracy theories involving American Airlines Flight 77.” For example, some suggest a missile hit the Pentagon on 9/11. [BBC, 5/16/2006] However, it appears to have the opposite effect, causing Internet traffic to 9/11 conspiracy websites to soar. James Fetzer, co-chair of the group Scholars for 9/11 Truth, says of the videos: “There is no new information here whatsoever… You can’t tell what in the world is hitting the Pentagon.” [CanWest News Service, 5/18/2006]
May 17, 2006: Poll: 42 Percent of Americans Think There Has Been a Cover-up Over 9/11
A poll released by Zogby International shows widespread skepticism towards the official 9/11 story. The nationwide telephone survey of 1,200 adults finds that 42 percent of respondents agreed that “the US government and its 9/11 Commission concealed or refused to investigate critical evidence that contradicts their official explanation of the September 11th attacks,” and that “there has been a cover-up.” Ten percent of respondents said they were unsure, while less than half said the government and 9/11 Commission were not covering up. Forty-five percent of respondents felt the 9/11 attacks should be reinvestigated. Forty-four percent believed that President Bush exploited the attacks to justify the 2003 invasion of Iraq. The survey also found that 43 percent of respondents were unaware of the collapse of WTC 7 on 9/11. [Zogby International, 5/24/2006; New York Times, 6/5/2006; Newsday, 9/1/2006] When Lee Hamilton, the former co-chair of the 9/11 Commission, is later questioned about this poll, he will say the figure of 42 percent of Americans believing there has been a cover up is “dispiriting, it’s an unusually high number” (see August 21, 2006). [Canadian Broadcasting Corporation, 8/21/2006] A previous Zogby poll found 49 percent of New York City residents agreed that some leaders “knew in advance” of the 9/11 attacks and “consciously failed to act” (see August 30, 2004).