The Asia Times reports that the US is engaged in “intense negotiations” with Pakistan for assistance in an operation to capture or kill bin Laden. However, despite promised rewards, there is a “very strong lobby within the [Pakistani] army not to assist in any US moves to apprehend bin Laden.” [Asia Times, 8/22/2001]
August 22, 2001: Top FBI Al-Qaeda Expert Leaves FBI in Frustration; Misses Important Warnings on Moussaoui and Two 9/11 Hijackers
Counterterrorism expert John O’Neill retires from the FBI. He says it is partly because of the recent power play against him, but also because of repeated obstruction of his investigations into al-Qaeda. [New Yorker, 1/14/2002] In his last act, he signs papers ordering FBI investigators back to Yemen to resume the USS Cole investigation, now that Barbara Bodine is leaving as ambassador (they arrive a couple days before 9/11). He never hears the CIA warning about hijackers Nawaf Alhazmi and Khalid Almihdhar sent out just one day later. He also apparently is not told about the arrest of Zacarias Moussaoui on August 15, 2001 [PBS, 10/3/2002] ; nor does he attend a June meeting when the CIA reveals some of what it knows about Alhazmi and Almihdhar. [PBS Frontline, 10/3/2002] ABC News reporter Chris Isham will later say, “John had heard the alarm bells, too, and we used to talk about it. And he knew that there was a lot of noise out there and that there were a lot of warnings, a lot of red flags, and that it was at a similar level that they were hearing before the millennium, which was an indication that there was something going on. And yet he felt that he was frozen out, that he was not in a capacity to really do anything about it anymore because of his relationship with the FBI. So it was a source of real anguish for him.” [PBS, 10/3/2002]
August 22, 2001: French Connect Moussaoui to Chechen Rebels, FBI Headquarters Still Refuses Search Warrant
After arresting Zacarias Moussaoui, the FBI’s Minneapolis field office asks French authorities if they have any information on him. The French then provide the US with intelligence indicating that Moussaoui is associated with a radical militant who died fighting for the Chechen rebels in 2000 (see Late 1999-Late 2000). The French interviewed one of this militant’s associates who said he had been recruited by Moussaoui to fight in Chechnya and described Moussaoui as “the dangerous one.” [US Department of Justice, 11/2004, pp. 140-1 
] French authorities attempt to gather additional information by talking to Moussaoui’s mother. Judge Jean-Louis Bruguiere, France’s lead investigating magistrate in charge of counterterrorism affairs, also provides information. “Let’s just say that Zacarias Moussaoui was well-known by the French security service…,” Bruguiere later recalls in a 2004 interview with CBC. “When the names come from abroad, we usually have a file, and it was the same with him. He was a well-known personality. He lived in France and then left here to go to England.” Bruguiere will also say that the French provided US authorities with information on Moussaoui’s activities in both France and England (see 1999 and August 21, 2001-September 13, 2001). [Canadian Broadcasting Corporation, 3/16/2004] Upon reviewing this information, Mike Maltbie of the Radical Fundamentalist Unit at FBI headquarters will inform Minneapolis that it is not enough for a search warrant under the Foreign Intelligence Surveillance Act, because, even though the French sent information about Moussaoui, Maltbie objects that the Moussaoui the French are talking about may not be the same one Minneapolis has in custody. The result of this is that FBI staff are sent on what Minneapolis agent Harry Samit will later call a “wild goose chase”—they are asked to spend days poring through French phone books to make sure they have the right Moussaoui. [Federal Bureau of Investigation, 8/27/2001 ; Federal Bureau of Investigation, 8/28/2001 ; Newsday, 3/21/2006; Los Angeles Times, 3/21/2006] For a search warrant to be granted there must be probable cause to believe Moussaoui is an agent of a foreign power. Maltbie claims that the Chechen rebels, who have never been treated as a foreign power before for a FISA warrant, cannot be treated as such, because they are not a “recognized” foreign power, only dissidents engaged in a civil war, and are not hostile to the US. In fact, the FBI has already received information indicating a close relationships between Chechen rebels and bin Laden (see, e.g., 1986-March 19, 2002 , August 24, 2001, and (October 1993-November 2001)) and that the two groups are working together on a strike against US interests (see Before April 13, 2001). Maltbie says that even if the Chechen rebels are a foreign power, then it will take some time to develop this information to the point where a FISA application can be submitted. Previous to this, Maltbie had only once advised a field office it was not going to get a FISA warrant. [US Department of Justice, 11/2004, pp. 141-4 ] The French provide more information on Moussaoui a few days later (see August 30, 2001).
August 22, 2001: CIA Officer Who Already Knows of Almihdhar and Alhazmi’s US Travel Is Informed of it by FBI, Agrees Investigation Should Start
After FBI agents Margaret Gillespie and Dina Corsi learn that 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi may be in the US (see August 21-22, 2001), they call a meeting with Tom Wilshire, a CIA officer interested in the investigation who is on loan to the FBI. Although all three will later be unable to recall the specifics of the conversation, they agree that it is important to initiate an investigation to locate Almihdhar. However, Wilshire has been aware that Almihdhar has a US visa since January 2000, when he frustrated the passage of such information to the FBI (see 9:30 a.m. – 4:00 p.m. January 5, 2000). He is also already aware that Alhazmi entered the US in January 2000 (see May 15, 2001) but again does not share this with the FBI. [US Department of Justice, 11/2004, pp. 301-2 ]
August 22, 2001: FBI Team Returns to Yemen to InvestigateColeBombing
An FBI team returns to Yemen to re-commence its investigation of the bombing of the USS Cole (see October 12, 2000). The team, headed by FBI agent Ali Soufan and sent by retiring FBI manager John O’Neill on his last day with the FBI (see August 22, 2001), had been pulled out of Yemen in June, due to possible threats against it (see June 17, 2001). On the same day as Soufan leaves, the CIA finally tells the FBI some of what it knows about 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, and their attendance at an al-Qaeda’s Malaysia summit (see August 21-22, 2001 and August 23, 2001). Soufan had requested information about the Malaysia summit from the CIA three times (see Late November 2000, April 2001 and July 2001), but the CIA had repeatedly failed to respond to his requests. While in Yemen, Soufan appears not to be aware of the new information provided to the FBI, and learns about the Malaysia summit shortly after the 9/11 attacks (see January 5-8, 2000 and September 12-Late September, 2001). [New Yorker, 7/10/2006 ]
August 22, 2001: FBI Headquarters Blocks Notification to Justice Department about Moussaoui
Staff at the FBI’s Minneapolis field office form the opinion that there is a “reasonable indication” Zacarias Moussaoui wants to commit a “significant federal crime,” meaning that, under the amended 1995 “wall” procedures (see July 19, 1995 and August 6, 2001), they must inform an attorney at the Justice Department’s Criminal Division about the case. However, Mike Maltbie, an agent with the FBI’s Radical Fundamentalist Unit, blocks the notification. Minneapolis agents Chris Briese and Greg Jones believe that if the Criminal Division were notified, it would then order Minneapolis to seek a criminal warrant to search Moussaoui’s belongings, overcoming opposition to the search being put up by Maltbie and his colleagues (see August 20-September 11, 2001 and August 21, 2001). However, Maltbie prevents the notification from being sent, saying that he does not see any evidence of a federal crime, and that asking for a criminal warrant could unfavorably affect the chances of getting a warrant under the Foreign Intelligence Surveillance Act (FISA), if the criminal application were unsuccessful. He also says that getting a FISA warrant is easier, although two days later he says obtaining a FISA warrant will “take a few months” (see August 24, 2001). [US Department of Justice, 11/2004, pp. 127-8, 143-4 ]
August 22, 2001: FBI Agent on Moussaoui Case Reads Phoenix Memo, Does Nothing with It
Rita Flack, an intelligence operations specialist with the FBI’s Radical Fundamentalist Unit, is looking for evidence of ties between Zacarias Moussaoui and a foreign power so the agency can obtain a warrant to search Moussaoui’s belongings (see August 21, 2001). On this day, she comes across the Phoenix memo written by FBI agent Ken Williams (see July 10, 2001) which observed that an unusual number of Islamic radicals are taking aviation training in the US. In the memo, Williams suggested that bin Laden may be coordinating the flight training as part of preparations for a terrorist attack. Flack prints the Phoenix memo. She will later tell the Justice Department’s Office of Inspector General that it is her usual practice to read the documents she prints, but she will not recall actually reading the Phoenix memo. She will also say she did not give the memo to anyone else, including colleague Mike Maltbie or the Minneapolis FBI field office. Nor did she discuss it with anyone, she says. After 9/11, she will say that there was nothing in the memo that would have bolstered Moussaoui’s connection to a foreign power, although this will be disputed by three National Security Law Unit attorneys (see August 22-28, 2001). The Justice Department’s Office of Inspector General will state: “We believe she should have at least recognized the relevance of the [memo] and the potential relationship of its theories to the Moussaoui case… We think [Flack] should have brought the Phoenix [memo] to someone’s attention.” [US Department of Justice, 11/2004, pp. 145-6, 217-8 ; US Department of Justice, 3/1/2006 ] The Senate Judiciary Committee will also later say, “The [Phoenix memo] contained information that was material to the decision whether or not to seek a FISA warrant in the Moussaoui case.” [US Congress, 2/2003]
August 22-28, 2001: Phoenix Memo Withheld from FISA Attorneys in Moussaoui Case
The FBI’s Minneapolis field office drafts an application for a FISA warrant to search Zacarias Moussaoui’s belongings and sends it to the Radical Fundamentalist Unit (RFU) at FBI headquarters. From there, the application is sent to four attorneys at the FBI’s national security law unit (NSLU), as it needs to be legally cleared by them before being submitted to the FISA court. All four attorneys are doubtful that the application contains enough evidence to secure a warrant. Although they are aware that Moussaoui is connected to Chechen rebels, they do not believe the FISA court will consider the Chechen rebels to be a foreign power. Moreover, they do not think the connection between the Chechens and Osama bin Laden is strong enough to make Moussaoui an agent of al-Qaeda. However, the attorneys are not given the relevant documentation. For example, they are not informed that the FBI was warned in April that the Chechen rebel leader and bin Laden were planning an attack against the US (see Before April 13, 2001). Nor are they provided with a copy of the Phoenix memo, in which Arizona FBI agent Ken Williams correctly theorized that bin Laden was sending agents to the US to train in flight schools (see July 10, 2001). Attorney Sherry Sabol will later say that she asked RFU agents Mike Maltbie and Rita Flack whether there was any evidence of people being sent to the US for flight training. Flack, who read the Phoenix memo five days before (see August 22, 2001), said no. Maltbie will later say he does not recall this, and Flack will deny it. [US Department of Justice, 11/2004, pp. 139-160 ; US Department of Justice, 3/1/2006 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] The Justice Department’s Office of Inspector General will later criticize Flack for failing to inform the attorneys of the memo. [US Department of Justice, 11/2004, pp. 208 ] Sabol, fellow NSLU attorney Tom Ainora, and another attorney whose name is unknown will say that they would have taken actions to support the application if they had known about the Phoenix memo. However, they do not believe that material from the Phoenix memo would have been enough to secure the FISA warrant. [US Department of Justice, 11/2004, pp. 146-8, 158-160, 208 ]
August 22-September 10, 2001: Unclear If Bin Laden Unit Briefs Top CIA Management about 9/11 Hijacker Almihdhar’s Presence in US; Unit Chief Knows He Is Likely Attacker
It is unclear if Alec Station, the CIA’s bin Laden unit, briefs CIA leaders on information that 9/11 hijacker Khalid Almihdhar is in the US. Margaret Gillespie, an FBI analyst detailed to the station, discovers that Almihdhar is in the US on August 21, immediately informs the FBI (see August 21-22, 2001), and places Almihdhar, hijacker Nawaf Alhazmi, and two more associates on the TIPOFF watch list the next day (see August 23, 2001). The CIA also forwards information about al-Qaeda leader Khallad bin Attash to the FBI on August 30 (see August 30, 2001).
No Information on Briefings – There is no indication that Richard Blee, the CIA manager responsible for Alec Station, or anyone at Alec Station informs the CIA’s leadership, the White House, or Richard Clarke’s Counterterrorism Security Group (see August 23, 2001) of Almihdhar’s presence in the US and the clear implications of this presence. For example, no such briefing will be mentioned in the 9/11 Commission Report, although the report will mention that CIA Director George Tenet is briefed about Zacarias Moussaoui around the same time, and it does discuss the circulation of the information about Almihdhar at the FBI in detail. [9/11 Commission, 7/24/2004, pp. 268-277] The 9/11 Congressional Inquiry will not mention any such briefing, although it will discuss how the FBI handles the information. [US Congress, 7/24/2003, pp. 151-4 ] No such briefing will be mentioned in a 2007 book by Tenet, although the book will mention a briefing Tenet receives about Moussaoui. [Tenet, 2007, pp. 158-160, 200] The Justice Department inspector general’s report will discuss the FBI’s handling of the information in detail. [US Department of Justice, 11/2004, pp. 297-313 ] However, the full CIA inspector general’s report about 9/11 will not be made public, and its executive summary will not mention any such briefing. [Central Intelligence Agency, 6/2005, pp. 15-16 ]
Alec Station Aware of Threat and Almihdhar – Alec Station, the CIA, and the US intelligence community in general are highly aware that preparations for a large al-Qaeda attack are in the final stages (see Shortly After July 5, 2001, June 28, 2001, and June 28, 2001). Blee is, in fact, the lead briefer within the government about the threats, and has briefed not only his superiors at the CIA, but also National Security Adviser Condoleezza Rice (see May 30, 2001 and June 28, 2001). He has also recently expressed the belief that the attack will be in the US (see Late July 2001) and has apparently received a series of e-mails in which his former deputy told him Almihdhar may well be involved in the forthcoming attack (see July 5, 2001, July 13, 2001, and July 23, 2001). The information that Almihdhar is in the US therefore confirms Blee’s belief that the attack will be in the US, but it appears Alec Station fails to pass this information on.
August 23, 2001: FBI Field Agent Tells FBI Headquarters Search for 9/11 Hijacker Almihdhar Should Be Criminal, Not Intelligence Investigation
After being alerted to the fact 9/11 hijacker Khalid Almihdhar is in the US, FBI agent Craig Donnachie says that the FBI should look for him under a criminal investigation, not an intelligence investigation. Donnachie, an intelligence agent at the FBI’s New York field office, is contacted by headquarters agent Dina Corsi, who says that the search for Almihdhar should be an intelligence investigation because the case is partially based on information from the NSA. Donnachie, however, tells her that the attempt to locate Almihdhar is related to the criminal investigation into the bombing of the USS Cole and would normally be handled as a sub-file of the main investigation, not a separate investigation. The case will later be opened as an intelligence investigation, meaning fewer resources can be devoted to it (see August 29, 2001). [US Department of Justice, 11/2004, pp. 304 ]
