FBI New York agent Steve Bongardt, FBI headquarters agent Dina Corsi, and acting FBI Osama bin Laden unit head Rod Middleton, who is Corsi’s supervisor, discuss whether the search for future 9/11 hijacker Khalid Almihdhar should be an intelligence or criminal investigation. Bongardt argues that the search should be a criminal investigation because of Almihdhar’s connection to the bombing of the USS Cole and because more agents could be assigned to a criminal investigation. (Note: the office only has one rookie intelligence agent available.) He also says a criminal investigation would have better tools, such as grand jury subpoenas, which are faster and easier to obtain than the tools in an intelligence investigation. Corsi and Middleton say that the “wall” prevents the intelligence information necessary for the case being shared with criminal investigators, so the search must be an intelligence investigation. (Note: Corsi and Middleton are wrong (see August 29, 2001).) Bongardt is unhappy with this and requests an opinion from the Justice Department’s national security law unit (see August 28-29, 2001). [US Department of Justice, 11/2004, pp. 307 
]
August 28-29, 2001: FBI Headquarters Allegedly Misrepresents Attorney’s Advice, Ensuring Search for 9/11 Hijacker Almihdhar Is Intelligence Investigation
FBI headquarters agents Dina Corsi and Rod Middleton contact Justice Department lawyer Sherry Sabol to ask her opinion on the search for 9/11 hijacker Khalid Almihdhar, but Sabol will later say that Corsi misrepresents her advice to other agents. Corsi contacts Sabol, an attorney at the national security law unit, to ask her about legal restrictions on the search for Almihdhar, because of an argument she has had with New York agent Steve Bongardt about whether the search should be an intelligence or criminal investigation (see August 28, 2001 and August 28, 2001). Corsi will later tell Bongardt that Sabol told her that the information needed for the investigation cannot be passed on to criminal agents at the FBI, only intelligence agents, and that if Almihdhar is located, a criminal agent cannot be present at an interview. [US Department of Justice, 11/2004, pp. 307-8 ] Corsi’s understanding of the issue is wrong, and the “wall,” which restricted the passage of some intelligence information to criminal agents at the FBI, does not prevent the information in question being shared with criminal agents (see August 29, 2001). The 9/11 Commission will comment that Corsi “appears to have misunderstood the complex rules that could apply to the situation.” [9/11 Commission, 7/24/2004, pp. 271] In addition, Sabol will later insist that her advice was very different than what Corsi claims it is. She will deny saying a criminal agent could not interview Almihdhar, arguing that she would not have given such inaccurate advice. She will also say the caveat on the intelligence information from the NSA would not have stopped criminal agents getting involved and, in any case, the NSA would have waived the caveat if asked. (Note: the NSA did so at Corsi’s request just one day earlier (see August 27-28, 2001), but presumably Corsi does not tell Sabol this.) [9/11 Commission, 7/24/2004, pp. 271] Larry Parkinson, the FBI’s general counsel at this time, will later say there was no legal bar to a criminal agent being present at an interview and that he would be shocked if Sabol had actually told Corsi this. [9/11 Commission, 2/24/2004] Furthermore, Corsi apparently does not tell Sabol that Almihdhar is in the US illegally. The illegal entry is a crime and means criminal FBI agents can search for him (see August 29, 2001).
August 29, 2001: 9/11 Hijacker Atta Tells Bin Al-Shibh Exact Date of 9/11 Attacks
In a later interview, would-be hijacker Ramzi bin al-Shibh claims that on this day 9/11 hijacker Mohamed Atta calls him (he is in Germany at the time) from the US (see April, June, or August 2002). Atta asks him what is “two sticks, a dash and a cake with a stick down?” The answer, which bin al-Shibh figures out, is “11-9”
—the European and Arabic way of writing 9/11. [Knight Ridder, 9/9/2002; CBS News, 10/9/2002] Now knowing the date of the attack, bin al-Shibh later claims that he orders active cells in Europe, the US, and elsewhere to evacuate.
August 29, 2001: President Bush Vows Security Is His First Responsibility
President Bush says, “We recognize it’s a dangerous world. I know this nation still has enemies, and we cannot expect them to be idle. And that’s why security is my first responsibility. And I will not permit any course that leaves America undefended.” [US Congress, 9/18/2002]
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 ]
August 29, 2001: Cayman Islands Letter Warns of ‘Major Terrorist Act against US via an Airline or Airlines’
A Cayman Islands radio station receives an unsigned letter claiming that three men from either Pakistan or Afghanistan who are living in the Cayman Islands are agents of Osama bin Laden. These three men were briefly arrested in June 2001 for discussing hijacking attacks in New York City (see June 4, 2001). The letter’s anonymous author warns that the men “are organizing a major terrorist act against the US via an airline or airlines.” On September 6, the letter will be forwarded to a Cayman government official, but no action will be taken until after 9/11. When the Cayman government notifies the US is unknown. Many criminals and/or businesses use the Cayman Islands as a safe, no tax, no-questions-asked haven to keep their money. The author of the letter will meet with the FBI shortly after 9/11 and will claim his information was a “premonition of sorts.” The three men will later be arrested. What happens to them after their arrest is unclear. [Miami Herald, 9/20/2001; Los Angeles Times, 9/20/2001; MSNBC, 9/23/2001]
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 ]
August 29, 2001: FBI Does Not Fully Realize 9/11 Hijacker Almihdhar Entered US Illegally
Although the FBI is aware that 9/11 hijacker Khalid Almihdhar lied in an application for a visa on which he entered the US the previous month (see July 4, 2001), it does not fully realize that this means his entry into the US was illegal. If the FBI realized this, it would be able to open a criminal investigation to locate Almihdhar, instead of an intelligence investigation. The New York office, which conducts the search for him, would have preferred a criminal investigation, as more agents could have worked on it, possibly allowing the office to locate Almihdhar before and stop 9/11. The Justice Department’s Office of Inspector General will remark after 9/11: “Thus, there was a clear basis to charge Almihdhar criminally with false statements or visa fraud. Significantly, this information had been provided to the FBI without the restrictive caveats placed on NSA reports and other intelligence information. As a result, if Almihdhar had been found, he could have been arrested and charged with a criminal violation based on the false statements on his visa application. However, the FBI did not seem to notice this when deciding whether to use criminal or intelligence resources to locate Almihdhar.” Almihdhar’s passport also lacks an expiry date and he is a terrorist posing as a tourist (see July 4, 2001). [US Department of Justice, 11/2004, pp. 351 ]
August 29-September 4, 2001: Minneapolis Memo to FAA Warning of Moussaoui Is Blocked by FBI Headquarters
Harry Samit, an agent at the FBI’s Minneapolis field office, drafts a memo to the FAA summarizing the facts of the Zacarias Moussaoui case. In it, he writes, “Minneapolis believes that Moussaoui, [his roommate Hussein] al-Attas, and others not yet known were engaged in preparing to seize a Boeing 747-400 in commission of a terrorist act. As Moussaoui denied requests for consent to search his belongings and was arrested before sufficient evidence of criminal activity was revealed, it is not known how far advanced were his plans to do so.” He also mentions Moussaoui’s physical and marital arts training and expresses concern that France, where Moussaoui will soon be deported, may not be able to hold him or his property for long. But Mike Maltbie of the FBI’s Radical Fundamentalist Unit (RFU) instructs the Minneapolis field office not to send the memo because he is also drafting a memo on the Moussaoui case that will be sent to the FAA and other agencies. However Maltbie’s memo lacks a threat assessment and does not mention Minneapolis’ suspicions that Moussaoui might be planning a terrorist act involving a hijacked airplane. The memo does not result in any FAA action. [US Department of Justice, 11/2004, pp. 174-7 ; Los Angeles Times, 3/20/2006] A meeting between Samit and a Minneapolis FAA officer will also fail to produce any FAA action (see September 4, 2001).
August 29-September 6, 2001: President Bush Tries to Repair Relations with Saudis, But Policy Change Is Halted by 9/11 Attacks
The Bush administration attempts to repair its relation with Saudi Arabia after a dramatic letter from Saudi Crown Prince Abdullah. On August 27, 2001, Abdullah, the de facto leader of Saudi Arabia, sent a message to President Bush threatening to end the Saudi alliance with the US because of what they see as US favoritism towards Israel (see August 27, 2001). Two days later, Bush sends a two-page letter to Abdullah: “Let me make one thing clear up front: nothing should ever break the relationship between us. There has been no change in the strategic equation. I firmly believe the Palestinian people have a right to self-determination and to live peacefully and securely in their own state, in their own homeland, just as the Israelis have the right to live peacefully and safely in their own state.” Journalist Bob Woodward will later note that this “was a much bigger step than President Clinton had taken. Even as Clinton had tried to fashion a Middle East peace agreement as his legacy, he had never directly supported a separate Palestinian state.” On September 6, Abdullah replies, “Mr. President, it was a great relief to me to find in your letter a clear commitment confirming the principle in which the peace process was established. I was particularly pleased with your commitment to the right of the Palestinians to self-determination as well as the right to peace without humiliation, within their independent state.” The Saudis appear appeased. [Woodward, 2006, pp. 77-79] Also on September 6, Bush holds a meeting with his top advisers and suggests a change of policy towards Palestine, including public support for a separate Palestinian state. However, days before Bush is to announce these new policies, the 9/11 attacks take place. None of the planned US policy changes materialize (see September 6, 2001).
