Veteran CIA agent Gary Berntsen leads a CIA undercover team, codenamed Jawbreaker, to capture or kill bin Laden in Afghanistan (see September 26, 2001). In a 2005 book, also called Jawbreaker, Berntsen will describe how his team monitored multiple intelligence reports tracking bin Laden on a path through Jalalabad to Tora Bora (see November 13, 2001). He will claim that at the start of December 2001, one of his Arabic-speaking CIA agents finds a radio on a dead al-Qaeda fighter during a battle in the Tora Bora region. This agent hears bin Laden repeatedly attempt to rally his troops. On the same radio, that agent and another CIA agent who speaks Arabic hear bin Laden apologizing to his troops for getting them trapped and killed by US aerial bombing. Based on this information, Berntsen makes a formal request for 800 US troops to be deployed along the Pakistani border to prevent bin Laden’s escape. The request is not granted. Berntsen’s lawyer later claims, “Gary coordinated most of the boots on the ground. We knew where bin Laden was within a very circumscribed area. It was full of caves and tunnels but we could have bombed them or searched them one by one. The Pentagon failed to deploy sufficient troops to seal them off.” Although the area is heavily bombed, bin Laden is able to escape (see Mid-December 2001). [Berntsen and Pezzullo, 2005, pp. 43-64; London Times, 8/14/2005; MSNBC, 12/29/2005; Financial Times, 1/3/2006] A Knight Ridder investigative report will later conclude, “While more than 1,200 US Marines [sit] at an abandoned air base in the desert 80 miles away, Franks and other commanders [rely] on three Afghan warlords and a small number of American, British, and Australian special forces to stop al-Qaeda and Taliban fighters from escaping across the mountains into Pakistan.” Military and intelligence officials warn Franks that the two main Afghan commanders cannot be trusted. This turns out to be correct, as the warlords accept bribes from al-Qaeda leaders to let them escape. [Knight Ridder, 10/30/2004] In 2005, Berntsen will call himself a supporter of Bush and will say he approves of how CIA Director Porter Goss is running the CIA, but he will nonetheless sue the CIA for what he claims is excessive censorship of his book. [London Times, 8/14/2005; MSNBC, 12/29/2005]
Late October-Early November 2001: Al-Qaeda Fighters and Bin Laden Said to Move into Jalalabad without Hindrance
In late October, US intelligence reports begin noting that al-Qaeda fighters and leaders are moving into and around the Afghan city of Jalalabad. By early November, Osama bin Laden is said to be there. [Knight Ridder, 10/20/2002] Counterterrorism “tsar” Richard Clarke will later recall: “We knew from day one the likely places that bin Laden would flee to. There had been lots of work done before 9/11 on where did he hang out, statistical analysis even. We knew Tora Bora was the place where he would be likely to go. People in CIA knew that; people in the counterterrorism community knew about it. We knew that what you should have done was to insert special forces—Rangers, that sort of thing—up into that area as soon as possible.” [PBS Frontline, 6/20/2006] Knight Ridder Newspapers will later report: “American intelligence analysts concluded that bin Laden and his retreating fighters were preparing to flee across the border. However, the US Central Command, which was running the war, made no move to block their escape. ‘It was obvious from at least early November that this area was to be the base for an exodus into Pakistan,’ said one intelligence official, who spoke only on condition of anonymity. ‘All of this was known, and frankly we were amazed that nothing was done to prepare for it.’” [Knight Ridder, 10/20/2002] The vast majority of al-Qaeda’s leaders and fighters will eventually escape into Pakistan. In 2006, Newsweek reporter and columnist Michael Hirsh will write that Bush’s decision to ignore accurate intelligence about bin Laden’s presence in Tora Bora in favor of realigning the US’s war effort to focus on the “gathering threat” of Iraq’s Saddam Hussein was a strategic blunder that ranks alongside Adolf Hitler’s decision to invade the USSR in 1941. [Rich, 2006, pp. 208]
October 31, 2001: New Regulation Allows Eavesdropping on Attorney-Client Conversations
The Justice Department issues a regulation that allows eavesdropping on attorney-client conversations in federal prisons wherever there is “reasonable suspicion… to believe that a particular inmate may use communications with attorneys to further or facilitate acts of terrorism.” The regulation requires written notice to the inmate and attorney, “except in the case of prior court authorization.” Officials no longer have to show probable cause or get a court order. The Los Angeles Times says the new policy is “sharply criticized by a broad array of lawyers and lawmakers.” [Los Angeles Times, 11/10/2001; San Francisco Chronicle, 11/12/2001]
Between November 2001 and January 14, 2002: FBI Special Agent Suspicious about FBI Translator Who Has Lost Info on Several Wiretaps
Dennis Saccher, the FBI’s special agent in charge of Turkish counter-intelligence, develops suspicions about Melek Can Dickerson, a translator in his department who has lost information on several wiretaps and who he believes has forged signatures on certain documents. He reports his concerns to the FBI headquarters and his boss, Supervisory Special Agent Tom Frields. [Anti-War (.com), 8/22/2005]
November 2001: Al-Qaeda Documents Recovered in Afghanistan Detail Plots, Apparent Involvement in 9/11
As US forces invade Afghanistan, they and the journalists following them, uncover a quantity of al-Qaeda documents in training camps and houses used by the organization. The documents reveal a chilling array of terrorist plots. Some documents are apparently related to the planning of the 9/11 attacks. [Observer, 11/18/2001] A New York Times reporter finds two houses in Kabul’s diplomatic district containing, among other papers, a map showing the locations of power plants in Europe, Africa and Asia; training notebooks in military tactics and bomb-making; a list of Florida flight schools and a form that comes with “Microsoft Flight Simulator 98”; a document entitled “Before and After Precautions For Using Chemical, Biological, and Nuclear Warfare”; and a notebook on how to make nitroglycerine, dynamite, and fertilizer bombs, with a note next to one of the formulas saying “the type used in Oklahoma.” [New York Times, 11/17/2001] CNN reporters are led by Afghan police to a house in an upscale district of Kabul, which is apparently the same as the one visited by the New York Times reporter. In it they find a quantity of documents revealing al-Qaeda’s interest in acquiring nuclear weapons (see Mid-August 2001) and conventional explosives. According to David Albright, a nuclear weapons expert who is asked by CNN to analyze the documents, “These are people who are thinking through problems in how to cause destruction, for a well-thought-through political strategy.” [CNN, 12/4/2001; CNN, 1/24/2002; CNN, 1/25/2002; Albright, 11/6/2002] However, an extensive review of the documents later concludes that al-Qaeda’s main activity was to support the Taliban. “Reporters for The New York Times collected over 5,000 pages of documents from abandoned safe houses and training camps destroyed by bombs.… The documents show that the training camps, which the Bush administration has described as factories churning out terrorists, were instead focused largely on creating an army to support the Taliban, which was waging a long ground war against the Northern Alliance.… They show no specific plans for terror operations abroad, and while hinting at an ambition to use nuclear, chemical or biological weapons, they contain no evidence that the groups possess them.” [New York Times, 3/17/2002]
November 2001: FBI Report Says 9/11 Hijackers Maintained ‘Web of Contacts’ in the US
A classified report by the FBI’s Investigative Services Division says: “In addition to frequent and sustained interaction between and among the hijackers of the various flights before September 11, the group maintained a web of contacts both in the United States and abroad. These associates, ranging in degrees of closeness, include friends and associates from universities and flight schools, former roommates, people they knew through mosques and religious activities, and employment contacts. Other contacts provided legal, logistical, or financial assistance, facilitated US entry and flight school enrollment, or were known from [Osama bin Laden]-related activities or training.” [Sperry, 2005, pp. 67-68] But in June 2002, FBI Director Robert Mueller will contradict this, saying: “To this day we have found no one in the United States except the actual hijackers who knew of the plot.… As far as we know, they contacted no known terrorist sympathizers in the United States” (see June 18, 2002).
November 2001: Pakistan Promises to Seal Off Tora Bora Region in Exchange for US Aid
According to author Ron Suskind, some time in November the US makes a deal with Pakistani President Pervez Musharraf. Pakistan will seal off the passages to Pakistan from the Tora Bora region in Afghanistan where Taliban and al-Qaeda forces are expected to gather. In return, the US will give Pakistan nearly a billion dollars in new economic aid. Pakistan will fail to effectively seal the border in the next month (see December 10, 2001) and almost the entire force in Tora Bora will escape into Pakistan. [Suskind, 2006, pp. 58]
November 2001: FBI Obtains Key Informant against Yemeni Terror Financiers
Mohamed Alanssi, a Yemeni currently in the US on business, goes to the FBI’s New York field office to offer his services as an informant against al-Qaeda. He offers the bureau information on alleged al-Qaeda financers working in Yemen and quickly becomes an important mole. His case is handled by Robert Fuller, an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001). Alanssi travels to Yemen to gather intelligence on occasions, and will film a key terrorism financier, Mohammed Ali Hassan al-Moayad, making incriminating statements in 2003 (see January 2003). In an affidavit supporting Moayad’s arrest warrant, Fuller will say that he has been working with a Yemeni informant, apparently Alanssi, since November 2001 and that the informant has provided reliable information and “contributed, in part, to the arrests of 20 individuals and the seizure of over $1 million.” However, the relationship between Alanssi and the bureau will later go sour and Alanssi will immolate himself in front of the White House (see November 15, 2004). [Washington Post, 11/16/2004]
November 2001: FBI Inteviews Al-Qaeda Operatives in Sudan; Hussein-Bin Laden Link Is Dismissed
FBI agent Jack Cloonan arrives in Sudan with several other FBI agents and is given permission by the Sudanese government to interview some al-Qaeda operatives living there. The interviews were conducted at safe houses arranged by Sudanese intelligence. Cloonan interviews Mubarak al Duri, an Iraqi. He lived in Tuscon, Arizona, in the late 1980s and early 1990s and was al-Qaeda’s chief agent attempting to purchase weapons of mass destruction (see 1986). Cloonan will later claim that al Duri and a second Iraqi al-Qaeda operative laughed when asked about possible bin Laden ties to Saddam Hussein’s government. “They said bin Laden hated Saddam.” Bin Laden considered Hussein “a Scotch-drinking, woman-chasing apostate.” Cloonan also interviews Mohammed Loay Bayazid, an American citizen and founding member of al-Qaeda (see August 11-20, 1988), who ran an al-Qaeda charity front in the US (see December 16, 1994). [Los Angeles Times, 4/29/2005] The CIA will interview them in 2002, but they apparently remain free in Sudan (see Mid-2002).
November 2001: FAA New York Center Controller Denied Request to Hear Own Tape-Recorded Statement from 9/11
An air traffic controller at the FAA’s New York Center who was recorded recalling her actions during the 9/11 attacks is denied a request to listen to her taped statement, possibly while she is preparing a written statement about the attacks. [US Department of Transportation, 5/4/2004 
] Six controllers at the New York Center who communicated with, or tracked, two of the hijacked aircraft on 9/11 were recorded later that day giving their personal accounts of what happened (see 11:40 a.m. September 11, 2001). [Washington Post, 5/6/2004] Mike McCormick, the center’s manager, told the union official representing these controllers that they would be able to use their taped statements to help them prepare written ones (see (Shortly Before 11:40 a.m.) September 11, 2001).
Controller Told No One Can Hear Tape – However, when one of the controllers asks to listen to her own oral statement, she is told by Kevin Delaney—the New York Center’s quality assurance manager, who is the tape’s custodian—that the tape is not meant for anyone to hear. It is unclear if the controller wants to hear the tape to help her prepare a written statement about the attacks. According to a 2004 report by the Department of Transportation’s Office of Inspector General (see May 6, 2004), she asks “to listen to the tape in preparing her written statement.” The five controllers that were recorded on September 11 who subsequently provide written statements prepare those statements within three weeks of 9/11 (see (Between September 11 and October 2, 2001)), but, according to Delaney, this controller asks to listen to the tape in November 2001, which would be after the written statements are provided.
Controller Requests Tape Again in 2003 – The tape of the controllers’ statements will be destroyed at some point between December 2001 and February 2002 (see Between December 2001 and February 2002), without any of the controllers having listened to it. The controller who requests to hear her own recorded statement will again ask to listen to the tape around September or October 2003, when she is to be interviewed by the 9/11 Commission, but, as it has already been destroyed by then, the tape cannot be located. [US Department of Transportation, 5/4/2004 ; Air Safety Week, 5/17/2004 ]
