A key Justice Department unit, the Office of Intelligence and Policy Review (OIPR), is not consulted about a request to search Zacarias Moussaoui’s belongings. Although it is this office that would submit an application for a search warrant under the Foreign Intelligence Surveillance Act, the legal aspects of the application are discussed only with the National Security Law Unit, which is beneath the OIPR (see August 22-28, 2001). FBI officials discuss what they think the OIPR will want in a warrant application, but do not ask it directly. Sherry Sabol, an attorney in the lower National Security Law Unit, will later say that she would have contacted the OIPR to discuss a possible warrant application, if FBI headquarters agents had not withheld information from her (see August 22-28, 2001). When shown the relevant documentation for the Moussaoui case after 9/11, the OIPR’s general counsel will say he would have considered the application and, if submitted, he “would have tied bells and whistles” to a comment by Moussaoui’s imam that Moussaoui and an associate wanted to “go on jihad” (see August 17, 2001). [US Department of Justice, 11/2004, pp. 132-166, 182-4, 201 
] However, a memo from Attorney General John Ashcroft issued in May to improve the efficiency of the FISA process recommended communications between field offices, FBI headquarters, and the OIPR. In addition, the OIPR and the FBI should hold regular monthly meetings to discuss FISA warrants. It is unclear if such a meeting is held in the three weeks between Moussaoui’s arrest and 9/11. However, one of the people supposed to attend such meetings is Spike Bowman, chief of the National Security Law Unit, who is involved in the Moussaoui case (see August 28, 2001). [US Department of Justice, 5/18/2001 ]
August 20, 2001 or after: Radical Fundamentalist Unit Delays Advising FAA of Moussaoui Case
At a meeting attended by Mike Maltbie of the Radical Fundamentalist Unit (RFU), RFU chief Dave Frasca, FBI agent Rita Flack, and an FAA representative who is familiar with the Moussaoui case, a decision is made not to advise the FAA about the Moussaoui investigation at this point because Moussaoui and Al-Attas are presumably in custody. (Al-Attas is bailed out of custody on August 20) [US Department of Justice, 11/2004, pp. 134, 149-150 ; US Department of Justice, 3/1/2006 ] Al-Attas is suspected of involvement in terrorism at this point and investigators believe he and Moussaoui may be involved in a plot against the US that involves the hijacking of an airplane (see August 17, 2001 and August 24, 2001). The FBI will eventually warn the FAA, but it will fail to mention that its Minneapolis office believes Moussaoui intends to hijack an airliner (see September 4, 2001).
August 21, 2001: Local FBI Pleads with Headquarters to Warn Secret Service About Moussaoui
The Minnesota FBI office e-mails FBI headquarters on this day, saying it is “imperative” that the Secret Service be warned of the danger that a plot involving Zacarias Moussaoui might pose to the president’s safety. However, no such warning is ever sent. [US Congress, 10/17/2002; New York Times, 10/18/2002]
August 21, 2001: Inmate Warns of Impending Attack in New York
Walid Arkeh, a Jordanian serving time in a Florida prison, is interviewed by FBI agents after warning the government of an impending al-Qaeda attack. He had been in a British jail from September 2000 to July 2001, and while there had befriended three inmates, Khalid al-Fawwaz, Adel Abdel Bary, and Ibrahim Eidarous. US prosecutors charge, “The three men ran a London storefront that served as a cover for al-Qaeda operations and acted as a conduit for communications between bin Laden and his network.” [Orlando Sentinel, 10/30/2002] Al-Fawwaz was bin Laden’s press agent in London, and bin Laden had called him over 200 times before al-Fawwaz was arrested in 1998. [Financial Times, 11/29/2001; Sunday Times (London), 3/24/2002] The other two had worked in the same office as al-Fawwaz (see Early 1994-September 23, 1998). All three had been indicted as co-conspirators with bin Laden in the August 1998 US embassy bombings. Arkeh tells the FBI that he had learned from these three that “something big [is] going to happen in New York City,” and that they call the 1993 attack on the WTC “unfinished business.” Tampa FBI agents determine that he had associated with these al-Qaeda agents, but nonetheless they do not believe him. According to Arkeh, one agent responds to his “something big” warning by saying: “Is that all you have? That’s old news.” The agents fail to learn more from him. On September 9, concerned that time is running out, a fellow prisoner will try to arrange a meeting, but nothing will happen before 9/11. The Tampa FBI agents will have a second interview with him hours after the 9/11 attacks, but even long after 9/11 they will claim that he cannot be believed. On January 6, 2002, the Tampa FBI will issue a statement: “The information [was] vetted to FBI New York, the Acting Special Agent in Charge of the Tampa Division and the United States Attorney for the Middle District of Florida. All agreed the information provided by this individual was vague and unsubstantiated… Mr. Arkeh did not provide information that had any bearing on the FBI preventing September 11.” [Orlando Sentinel, 1/6/2002; Orlando Sentinel, 10/30/2002] However, a different group of FBI agents will interview him in May 2002 and find his information credible (see May 21-22, 2002).
August 21, 2001: FBI Headquarters Blocks Criminal Investigation into Moussaoui
Dave Frasca of the FBI’s Radical Fundamentalist Unit (RFU) denies a request from the Minneapolis FBI field office to seek a criminal warrant to search the belongings of Zacarias Moussaoui, who was arrested on August 15 as part of an intelligence investigation (see August 16, 2001 and August 16, 2001). Minneapolis agents believe they had uncovered sufficient evidence that Moussaoui is involved in a criminal conspiracy, and want to obtain a criminal search warrant instead of a warrant under the Foreign Intelligence Surveillance Act (FISA). But because they originally opened an intelligence investigation, they cannot go directly to the local US attorney’s office for the warrant. In order to begin a parallel criminal investigation, they must first obtain permission from the Office of Intelligence Policy and Review (OIPR) so they can pass the information over the “wall.” [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Harry Samit, a Minneapolis FBI agent on the Moussaoui case, calls Dave Frasca, the head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, to discuss the request. Samit tells Frasca that they have already completed the paperwork for a criminal investigation, but, according to Samit, Frasca says, “You will not open it, you will not open a criminal case.” Frasca says that argument for probable cause in seeking a criminal warrant is “shaky” and notes that if they fail to obtain a criminal warrant, they will be unable to obtain a warrant under FISA. Samit, who has only been with the FBI since 1999, defers to his superior, and writes on the paperwork, “Not opened per instructions of Dave Frasca.” Samit then tells his Chief Division Counsel, Coleen Rowley, about the conversation, and she also advises him that it would be better to apply for a warrant under FISA. When the Justice Department’s Office of Inspector General (OIG) interviews Frasca after 9/11, he will claim he never spoke to Samit about this matter, and that the conversation was with Chris Briese, one of Samit’s superiors. However, Briese will deny this and the OIG will conclude that the conversation was between Samit and Frasca. [US Department of Justice, 11/2004, pp. 128-132 ; US Department of Justice, 3/1/2006 ] To get a FISA search warrant for Moussaoui’s belongings the FBI must now show there is probable cause to believe Moussaoui is an agent of a foreign power. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] A criminal warrant to search Moussaoui’s belongings will be granted only after the 9/11 attacks (see September 11, 2001).
August 21, 2001: PNAC Think Tank Leader States US Should Embrace Imperialist Hegemon Role
Thomas Donnelly, deputy executive director of the PNAC, explains to the Washington Post that the US should embrace its role as imperialist hegemon over the world. He says many important politicians privately agree with him. “There’s not all that many people who will talk about it openly,” he says. “It’s discomforting to a lot of Americans. So they use code phrases like ‘America is the sole superpower.’” He also says, “I think Americans have become used to running the world and would be very reluctant to give it up, if they realized there were a serious challenge to it.”
[Washington Post, 8/21/2001] Such statements of policy had been publicly denounced by Bush prior to his election, and some claim that the Bush administration only changes its mind toward a more aggressive policy after 9/11. However, this claim is inconsistent with the roles of senior Bush officials such as Vice President Cheney, Defense Secretary Rumsfeld, and Deputy Defense Secretary Wolfowitz in formulating the preemptive doctrine in 1992 then pushing for it in PNAC during the Clinton administration. In the summer of 2001, Defense Secretary Rumsfeld’s office “sponsored a study of ancient empires—Macedonia, Rome, the Mongols—to figure out how they maintained dominance.”
[New York Times, 3/5/2003]
August 21, 2001-September 13, 2001: FBI and CIA Ask British about Moussaoui But Get No Answer until After 9/11
On August 21, the FBI’s legal attache in London hand-delivers a request for information about Zacarias Moussaoui to British officials. On August 24, the CIA tells the British that Moussaoui is a possible “suicide hijacker” who is involved in “suspicious 747 flight training.” The CIA asks for information on him on August 28. The FBI raises the matter with the British again on September 3 and again on September 5. Although the British do not respond to these requests until just after 9/11, French intelligence, which has been sharing information about Moussaoui with the British (see 1999), sends the FBI some information about Moussaoui’s activities and history in England (see August 22, 2001). Then, on September 13, 2001, the British supposedly learn new information that Moussaoui attended an al-Qaeda training camp in Afghanistan (see 1995-1998). The 9/11 Commission will conclude, “Had this information been available in late August 2001, the Moussaoui case would almost certainly have received intense and much higher-level attention.” A British official will complain, “We passed on all the relevant information [about Moussaoui] as soon as we obtained it.” [Guardian, 4/14/2004; 9/11 Commission, 7/24/2004, pp. 274-75] However, the British had Moussaoui under surveillance in 2000 (see Mid-2000-December 9, 2000), and appear to have failed to pass on any information about this surveillance or what it uncovered.
August 21-22, 2001: FBI Agents Finally Realize 9/11 Hijacker Almihdhar Is in US
An FBI agent detailed to the CIA’s bin Laden unit locates CIA cables saying that future 9/11 hijacker Nawaf Alhazmi entered the US in early 2000. The agent, Margaret Gillespie, then checks with the US Customs Service and discovers that another future 9/11 hijacker, Khalid Almihdhar, entered the US on July 4, 2001, and there is no record he has left the country. As there is “an imperative to find anyone affiliated with al-Qaeda if they [are] believed to be in the US,” Gillespie immediately contacts Dina Corsi, an FBI agent in its bin Laden unit. Gillespie, who has been examining the USS Cole bombing and al-Qaeda’s Malaysia summit for some time, will later say that when she learns of their arrival in the US, “it all clicks for me.” The Justice Department’s office of inspector general will find that Gillespie’s “actions on receipt of the information clearly indicate that she understood the significance of this information when she received it. She took immediate steps to open an intelligence investigation.” Gillespie and Corsi meet with Tom Wilshire, a CIA officer involved in the investigation (see August 22, 2001), and Almihdhar and Alhazmi are soon watchlisted (see August 23, 2001). [US Department of Justice, 11/2004, pp. 300-301, 313 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
August 21, 2001: FBI Fails to Ask Al-Qaeda Operative in Custody about 9/11 Hijacker Almihdhar
Margaret Gillespie, an FBI agent detailed to the CIA who has just found out that future 9/11 hijacker Khalid Almihdhar is in the US (see August 21-22, 2001), suggests asking failed Millennium bomber Ahmed Ressam whether he recognizes Almihdhar, but the proposal is not acted on. Ressam was arrested on his way to bomb Los Angeles airport (see December 14, 1999), but has been co-operating with the US government against al-Qaeda (see May 30, 2001). Gillespie makes the suggestion in an e-mail to Tom Wilshire, a CIA representative to the FBI. It is unclear what Wilshire does with the suggestion, but Ressam is not interviewed. When shown photos of Almihdhar after 9/11, Ressam will not recognize him. The FBI also fails to ask Ressam about Zacarias Moussaoui before 9/11, but shortly after 9/11 Ressam will identity Moussaoui as a person that attended al-Qaeda’s camps in Afghanistan (see Late August-Early September 2001). [9/11 Commission, 7/24/2004, pp. 275-6, 541]
Before August 22, 2001: FBI Headquarters Agent Learns Al-Qaeda Leader Attended Malaysia Summit with 9/11 Hijackers, Investigation Fails to Discover How
FBI headquarters agent Dina Corsi learns that al-Qaeda leader Khallad bin Attash attended a summit in Malaysia that was also attended by 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 5-8, 2000); an e-mail sent by Corsi on this date contains the first reference in FBI documents to bin Attash’s presence at the Malaysia summit. Although it is her job to support the investigation into the attack on the USS Cole (see October 12, 2000), which bin Attash commanded, and she is aware that bin Attash is important to the Cole investigation, even saying that she is focused on his identity and whereabouts, she fails to communicate this information to the agents investigating the bombing, who do not receive it before 9/11 (see August 30, 2001). After 9/11, she will say she cannot recall how she learned this information and an investigation by the Justice Department’s Office of Inspector General will fail to find any documents that cast light on the matter. Although she does not do anything with this information before another FBI agent tells her Khalid Almihdhar is in the US (see August 21-22, 2001), she will later say that the information bin Attash was at the Malaysia summit was important, as it connected Almihdhar and Alhazmi to the Cole bombing. She will also say that CIA officers Tom Wilshire and Clark Shannon, who she discussed al-Qaeda’s Malaysia summit with and who knew that bin Attash was in Malaysia with Alhazmi and Almihdhar (see Late May, 2001, Mid-May 2001 and June 11, 2001), did not give her this information. Although Corsi and others know that bin Attash is an important al-Qaeda leader, he is not watchlisted at this point, although one of his aliases is watchlisted in August (see August 23, 2001). [US Department of Justice, 11/2004, pp. 280, 284, 286, 293, 296, 302 ]
