Nabil al-Marabh is serving an eight-month prison sentence for illegally entering the US. A Jordanian in prison with al-Marabh earlier in 2002 informs against him, claiming that al-Marabh tells him many details of his terrorism ties. The informant, who shows “a highly detailed knowledge of his former cell-mate’s associations and movements” [Globe and Mail, 6/4/2004] , claims that al-Marabh: 
admitted he sent money to a former roommate, Raed Hijazi, who is later convicted of trying to blow up a hotel in Jordan (see November 30, 1999), and that he aided Hijazi’s flight from authorities. [Associated Press, 6/3/2004] planned to die a martyr by stealing a gasoline truck, driving it into either the Lincoln or Holland tunnels in New York City, turning it sideways, opening its fuel valves and having an al-Qaeda operative shoot a flare to ignite a massive explosion. The plan was cancelled when Hijazi was arrested in Jordan in October 2000. [Toronto Sun, 10/16/2001; Associated Press, 6/3/2004] trained on rifles and rocket-propelled grenades at militant camps in Afghanistan. [Associated Press, 6/3/2004] boasted about getting drunk with two 9/11 hijackers. [Globe and Mail, 6/4/2004] asked his uncle to hide an important data CD from Canadian police. [Globe and Mail, 6/4/2004] claimed he took instructions from a mysterious figure in Chicago known as “al Mosul” which means “boss” in Arabic. [Associated Press, 6/3/2004] acknowledged he distributed as much as $200,000 a month to training camps in Afghanistan in the early 1990s. [Associated Press, 6/3/2004] FBI agents are able to confirm portions of the informant’s claims. US Attorney Patrick Fitzgerald, after being denied permission to indict al-Marabh, uses the informant’s information to press again for an indictment. But the Justice Department continues to refuse to allow an indictment, and al-Marabh will eventually be deported to Syria (see January-2002-December 2002). [Associated Press, 6/3/2004]
December 2002-February 2003: Pakistan Reportedly Permitting Al-Qaeda and Taliban Training Camps
The Associated Press reports that suicide squads are being trained in Pakistan by al-Qaeda operatives to hit targets in Afghanistan. The bombers’ families are being promised $50,000. The Pakistani government denies the presence of any such camps. “But privately, some officials in Pakistan’s intelligence community and Interior Ministry say they believe there is such bomb training and that it is protected by Pakistani militants and Taliban sympathizers in the Pakistan military.” [Associated Press, 12/12/2002] Al-Qaeda is mostly based in the tribal region of South Waziristan, launching border attacks form there with the assistance from Pakistan’s ISI and the Frontier Corps (see December 2002-February 2003). In February 2003, the Wall Street Journal claims, “Western diplomats in Islamabad and Kabul, Afghan officials, and US army officers [in Afghanistan] now strongly believe that elements of Pakistan’s intelligence services and its religious parties are allowing the Taliban to regroup on the Pakistani side of the border. US officers say 90 percent of attacks they face are coming from groups based in Pakistan. Simply put, Pakistan’s strategy appears to be to continue hunting down non-Afghan members of al-Qaeda hiding in Pakistan, so a level of cooperation with the US continues, while at the same time allowing the Pashtun Taliban and others to maintain their presence in Pakistan. The US has not raised this issue publicly, fearing that it would destabilize [Pakistani President Pervez] Musharraf’s government.… [W]hile promising support to [Afghan leader Hamid Karzai], Pakistan is undermining him and the effort to erase terrorism from Afghanistan. American silence is only encouraging Pakistan’s Islamic parties, who now govern the North West Frontier Province, to extend an even greater helping hand to Afghan and Pakistani extremists. The Pakistani army has willingly played into their hands, rigging last October’s general elections so that the Islamic parties were unprecedently successful, releasing from jail leaders of banned terrorist groups, and encouraging them to mount pro-Iraq demonstrations. All this is part of a larger power play where Gen. Musharraf can claim to the Americans that he needs greater US support because he is threatened by fundamentalists. This is a game that every Pakistani regime since the 1980s has played with Washington, and it has always worked.” [Wall Street Journal, 2/11/2003]
Between December 2002 and May 2003: Staffer Moves from One 9/11 Inquiry to Another
Barbara Grewe, a key investigator on the Justice Department inspector general’s investigation of the FBI’s failures before 9/11, moves to the 9/11 Commission. [University of Michigan Law School, 3/7/2005] She was recommended to the Commission by a former colleague who worked at the office of inspector general at the Justice Department. [University Record Online, 3/14/2005] As special investigative counsel at the Justice Department’s office of the inspector general between July and December 2002 she had investigated and reported on the FBI’s handling of intelligence prior to 9/11, and directed part of the investigation into information sharing between the FBI and CIA, missed opportunities to locate the hijackers before 9/11, and earlier warnings about terrorists using airplanes as weapons. This is similar to the work she does on the 9/11 Commission. According to a press release for a lecture she will give in 2005, Grewe also “drafted and edited” the “relevant sections” of the Justice Department’s final report. [University of Michigan Law School, 3/7/2005; Center for American Progress Action Fund, 4/16/2008] However, it is unclear how she could have done this, as she left the Justice Department’s investigation in 2003. Although December 2002 is early on in the Justice Department inspector general’s probe, the following important interviews have been conducted by this time: Tom Wilshire, a CIA officer later detailed to the FBI who was involved in many pre-9/11 intelligence failures (see 9:30 a.m. – 4:00 p.m. January 5, 2000, March 5, 2000, May 15, 2001, Mid-May 2001, Late May, 2001, July 23, 2001, August 22, 2001, and August 24, 2001); [9/11 Commission, 7/24/2004, pp. 502] “Michael,” a female CIA officer who had blocked notification to the FBI saying that one of the hijackers, Khalid Almihdhar, had a US visa (see Around 7:00 p.m. January 5, 2000 and January 6, 2000); [9/11 Commission, 7/24/2004, pp. 502] Dina Corsi, an FBI official who withheld intelligence information from criminal investigators in the summer of 2001 (see June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 474] Clark Shannon, a CIA officer who withheld information about Almihdhar from the FBI (see June 11, 2001); [9/11 Commission, 7/24/2004, pp. 537] Margaret Gillespie, an FBI agent detailed to the FBI involved in information sharing problems (see (Late May-Early June) and August 21-22, 2001); [9/11 Commission, 7/24/2004, pp. 538] Robert Fuller, an FBI agent who searched for Almihdhar in the US just before the 9/11 attacks, but failed to find him (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001); [9/11 Commission, 7/24/2004, pp. 539] Russell Fincher and Steve Bongardt, FBI agents from whom the CIA withheld information (see June 11, 2001, June 12-September 11, 2001, and August 29, 2001); [9/11 Commission, 7/24/2004, pp. 537] Sherry Sabol, an attorney involved in errors in the Moussaoui and Almihdhar cases (see August 22-28, 2001 and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 538] An FBI official who handled an al-Qaeda informer in Pakistan (see January 4, 2001); [9/11 Commission, 7/24/2004, pp. 537] Harry Samit (see August 15-20, 2001), Greg Jones (see August 27, 2001), John Weess (see August 16, 2001), and Coleen Rowley (see May 21, 2002), FBI officials who worked on the Moussaoui case; [9/11 Commission, 7/24/2004, pp. 531, 540] Rodney Middleton, acting head of the FBI’s bin Laden unit before 9/11 (see July 27, 2001 and after); and [9/11 Commission, 7/24/2004, pp. 538] Jennifer Maitner, an FBI official involved in the Phoenix memo and President Bush’s August 6 presidential daily briefing (see July 10, 2001, July 27, 2001 and after, and (August 4-5, 2001)). [9/11 Commission, 7/24/2004, pp. 536]
December 2, 2002: Cheney Calls Iraq Government an ‘Outlaw Regime,’ Says Iraq and Al-Qaeda Have Had ‘High-Level’ Contacts for Over Ten Years
In a speech to the Air National Guard Senior Leadership Conference in Denver, Vice President Dick Cheney calls Saddam Hussein’s government an “outlaw regime” and accuses the leader of “harboring terrorists and the instruments of terror,” asserting that his government “has had high-level contacts with al-Qaeda going back a decade and has provided training to al-Qaeda terrorists.” [White House, 12/2/2002; Washington Post, 12/3/2002] This latter comment appears to be based on a September 2002 briefing to Cheney’s staff by the Defense Department’s Office of Special Plans, which is aggressively pushing allegations of al-Qaeda-Iraq links (see September 16, 2002). That briefing contained a chart titled “Summary of Known Iraq-Al-Qaeda Contacts—1990-2002.” [Washington Post, 4/6/2007]
December 3, 2002: Trial of El Motassadeq Reveals Connections with Saudi Embassy Official
During the German trial of Mounir El Motassadeq, accused of participation in the 9/11 attacks, a German police officer testifies that the business card of Muhammad J. Fakihi, the chief of Islamic affairs at the Saudi Embassy in Berlin, was found in a raid on El Motassadeq’s apartment. The raid also turned up a credit card belonging to Mohamed Atta and the password to Atta’s e-mail account. Saudi officials deny that Fakihi had ever met El Motassadeq. Fakihi is recalled to Saudi Arabia three months later, following demands by Germany that he leave. [International Herald Tribune, 12/4/2002; Sydney Morning Herald, 12/5/2002; New York Times, 12/8/2002; Newsweek, 12/9/2002; Der Spiegel (Hamburg), 3/26/2003]
December 4, 2002: Judge Says Padilla Has Right to See Lawyer; Government Challenges Ruling
A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).
December 5, 2002: Software Company with Access to Government Secrets Raided
Federal agents search the offices of Ptech, Inc., a Boston computer software company, looking for evidence of links to Osama bin Laden. A senior Ptech official confirms that Yassin al-Qadi, one of 12 Saudi businessmen on a secret CIA list suspected of funneling millions of dollars to al-Qaeda, was an investor in the company, beginning in 1994. Ptech appears to have connections to other potential terrorist financiers (see 1994). In particular, there seem to be many ties between Ptech and BMI Inc., a New Jersey-based company whose list of investors has been called a “who’s who of designated terrorists and Islamic extremists” (see 1986-October 1999). [Newsweek, 12/6/2002; WBZ 4 (Boston), 12/9/2002] A former FBI counterterrorism official states, “For someone like [al-Qadi] to be involved in a capacity, in an organization, a company that has access to classified information, that has access to government open or classified computer systems, would be of grave concern.” [WBZ 4 (Boston), 12/9/2002] On the day after the raid, US authorities will claim that Ptech’s software has been scrutinized and poses no danger. But security expert John Pike comments, “When you look at all of the different military security agencies that they have as customers, it’s very difficult to imagine how they would not be encountering sensitive information, classified information.” [National Public Radio, 12/8/2002] The search into Ptech is part of Operation Greenquest, which has served 114 search warrants in the past 14 months involving suspected terrorist financing. Fifty arrests have been made and $27.4 million seized. [Forbes, 12/6/2002] However, the raid appears to have been largely for show. Ptech was notified by US officials in November that they were being investigated, and they were told in advance exactly when the raid would take place (see May-December 5, 2002). Top officials in the US government appear to have made up their minds before the results of the raid can even be examined. White House Press Secretary Ari Fleischer comments on the Ptech raid only hours after it ends: “The one thing I can share with you is that the products that were supplied by this company to the government all fell in the nonclassified area. None of it involved any classified products used by the government. The material has been reviewed by the appropriate government agencies, and they have detected absolutely nothing in their reports to the White House that would lead to any concern about any of the products purchased from this company.” [White House, 12/6/2002] The fact that the raid takes place at all appears to be due to the persistence of Operation Greenquest investigators, who are engaged at this time in a bureaucratic battle with other investigators over who will control US government investigations into terrorist financing (see After March 20, 2002-Early 2003). Greenquest will lose this battle early in 2003 and get shut down (see May 13-June 30, 2003). In his 2003 book Black Ice, author Dan Verton will call Ptech an “innocent” casualty of Operation Greenquest’s “scorched-earth” tactics. [Verton, 2003, pp. 223] No charges will be brought against Ptech, and the company will continue fulfilling sensitive government contracts under a new name (see May 14, 2004).
December 11, 2002: Mitchell Resigns from New 9/11 Commission
George Mitchell resigns as vice chairman of the recently-created 9/11 investigative commission. Lee Hamilton, an Indiana congressman for more than 30 years and chairman of the committee which investigated the Iran-Contra affair, is named as his replacement. [CNN, 12/11/2002] Mitchell cites time constraints as his reason for stepping down, but he also does not want to sever ties with his lawyer-lobbying firm, Piper Rudnick, or reveal his list of clients. Recent clients include the governments of Yemen and the United Arab Emirates. [Newsweek, 12/15/2002]
December 11, 2002: 9/11 Congressional Inquiry Blames President Bush, CIA Director Tenet, and Others
The 9/11 Congressional Inquiry concludes its seven-month investigation of the performance of government agencies before the 9/11 attacks. A report hundreds of pages long has been written, but only nine pages of findings and 15 pages of recommendations are released at this time, and these have blacked out sections. [Los Angeles Times, 12/12/2002] After months of wrangling over what has to be classified, the final report will be released in July 2003 (see July 24, 2003). In the findings released at the present time, the inquiry accuses the Bush administration of refusing to declassify information about possible Saudi Arabian financial links to US-based Islamic militants, criticizes the FBI for not adapting into a domestic intelligence bureau after the 9/11 attacks, and says the CIA lacked an effective system for holding its officials accountable for their actions. Asked if 9/11 could have been prevented, Senator Bob Graham (D-FL), the committee chairman, gives “a conditional yes.” Graham says the Bush administration has given Americans an “incomplete and distorted picture” of the foreign assistance the hijackers may have received. [ABC News, 12/10/2002] Graham further says, “There are many more findings to be disclosed” that Americans would find “more than interesting,” and he and others express frustration that information that should be released is being kept classified by the Bush administration. [St. Petersburg Times, 12/12/2002] Many of these findings will remain classified after the inquiry’s final report is released. Senator Richard Shelby (R-AL), the vice chairman, singles out six people as having “failed in significant ways to ensure that this country was as prepared as it could have been”: CIA Director George Tenet; Tenet’s predecessor, John Deutch; former FBI Director Louis Freeh; NSA Director Michael Hayden; Hayden’s predecessor, Lieutenant General Kenneth Minihan; and former Deputy Director Barbara McNamara. [US Congress, 12/11/2002; Washington Post, 12/12/2002] Shelby says that Tenet should resign. “There have been more failures on his watch as far as massive intelligence failures than any CIA director in history. Yet he’s still there. It’s inexplicable to me.” [Reuters, 12/10/2002; PBS, 12/11/2002] But the Los Angeles Times criticizes the inquiry’s plan of action, stating, “A list of 19 recommendations consists largely of recycled proposals and tepid calls for further study of thorny issues members themselves could not resolve.” [Los Angeles Times, 12/12/2002]
Before December 10, 2002: CIA Officer Involved in Almihdhar and Alhazmi Failures Tells Congressional Inquiry Everything that Could Go Wrong, Did Go Wrong
Tom Wilshire, a CIA officer involved in the failed search for hijackers Nawaf Alhazmi and Khalid Almihdhar before 9/11, is interviewed by the Congressional Inquiry and comments on some of the failures. When asked about the failure to watchlist Nawaf Alhazmi based on a cable telling CIA headquarters he had arrived in the US and was a terrorist (see March 5, 2000 and March 6, 2000 and After), Wilshire says: “It’s very difficult to understand what happened with [the] cable when it came in. I don’t know exactly why it was missed. It would appear that it was missed.” Commenting on a meeting in June 2001 where the CIA failed to tell the FBI what it knew about Almihdhar and Alhazmi despite showing them photographs of the two hijackers (see June 11, 2001), Wilshire says: “[E]very place that something could have gone wrong in this over a year and a half, it went wrong. All the processes that had been put in place, all the safeguards, everything else, they failed at every possible opportunity. Nothing went right.” [US Congress, 7/24/2003, pp. 147, 151 
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