The CIA meets three White House officials to discuss what to do with videotapes it has made of detainee interrogations (see Spring-Late 2002). The CIA wants to destroy the tapes, so it briefs the officials on them and asks their advice. The officials are: 
Alberto Gonzales, White House counsel until early 2005, when he will become attorney general; David Addington, counsel to Vice President Dick Cheney; John Bellinger, senior lawyer at the National Security Council;
There are conflicting accounts of the advice the lawyers give the CIA. One source will say there was “vigorous sentiment” among some unnamed top White House officials to destroy the tapes. They apparently want to destroy the tapes in 2005 because they could be damaging in the light of the Abu Ghraib scandal (see April 28, 2004). Other sources will say nobody at the White House advocates destroying the tapes. However, it seems none of the lawyers gives a direct order to preserve the tapes or says their destruction would be illegal. [New York Times, 12/19/2007] A source familiar with Bellinger’s account will say, “The clear recommendation of Bellinger and the others was against destruction of the tapes… The recommendation in 2003 from the White House was that the tapes should not be destroyed.” [Associated Press, 12/20/2007] When CIA Director Michael Hayden informs legislators of these discussions in late 2007, he will say that upon being informed high-ranking CIA officials are demanding the tapes be destroyed, the lawyers “consistently counseled caution.” The Washington Post will comment: “The ambiguity in the phrasing of Hayden’s account left unresolved key questions about the White House’s role. While his account suggests an ambivalent White House view toward the tapes, other intelligence officials recalled White House officials being more emphatic at the first meeting that the videos should not be destroyed. Also unexplained is why the issue was discussed at the White House without apparent resolution for more than a year.” [Washington Post, 12/20/2007] Another White House official, Harriet Miers, is also consulted around this time and is said to advise against the tapes’ destruction (see Between 2003-Late 2005). [New York Times, 12/19/2007] When it is revealed that these officials were consulted, Law professor Jonathan Turley will comment: “[T]his is a very significant development, because it shows that this was not just some rogue operator at the CIA that destroyed evidence being sought by Congress and the courts. It shows that this was a planned destruction, that there were meetings and those meetings extended all the way to the White House, and included Alberto Gonzalez, who would soon become attorney general and Harriet Miers, who would become White House counsel. That’s a hair’s breath away from the president himself.” [CNN, 12/19/2007]
Early 2003: US Unable to Strike Al-Qaeda Target in Yemen because Resources Are Being Used for Iraq War
According to NBC News, at some point in early 2003, the US learns about an al-Qaeda target in Yemen, and US officials want to strike the target with a Predator missile. However, due to the Iraq war there are no Predators available and the target gets away. [MSNBC, 7/29/2003]
Early 2003: Justice Department Prevents Detroit Prosecutors from Charging Al-Marabh and Hinders Case against Al-Marabh Associates
US prosecutors in Detroit are trying four men accused of an al-Qaeda plot. The men, Abdel-Ilah Elmardoudi, Karim Koubriti, Ahmed Hannan, and Farouk Ali-Haimoud, were arrested shortly after 9/11. They had been living in a Detroit apartment previously occupied by Nabil al-Marabh (see September 17, 2001). Yousef Hmimssa, a Moroccan national, had lived in the Detroit apartment with al-Marabh. When the FBI raided the apartment, they found fake immigration papers linking Hmimssa and al-Marabh, along with attack plans. [ABC News 7 (Chicago), 1/31/2002] Hmimssa will later be the key witness in the trial against the four arrested Detroit men (see June 2003-August 2004). The FBI later identify three other witnesses—a landlord, a Jordanian informant, and a prison inmate—who linked the four arrested men to al-Marabh (see December 2002). The Detroit prosecutors want to charge al-Marabh as a fifth defendant. However, Deputy Assistant Attorney General David Nahmias prevents them from doing so. He says, “My understanding is that the only connection between al-Marabh and your case was an apparent misidentification by a landlord.” Additionally, memos written by Detroit prosecutors during the trial will later show that they believed the Justice Department was preventing them from introducing some of their most dramatic evidence in the trial. Lead Detroit prosecutor Richard Convertino will later say: “There was a series of evidence, pieces of evidence, that we wanted to get into our trial that we were unable to do. Things that would have strengthened the case immeasurably, and made the case much stronger, exponentially.” For instance, the FBI had learned before the trial that al-Qaeda leader Ibn al-Shaykh al-Libi told US interrogators after his capture that bin Laden had authorized an attack on the US air base in Incirlik, Turkey. The FBI also found sketches in the Detroit apartment of what they believed was the same base. The prosecutors wanted to link this evidence to testimony by the al-Libi, but he was handed over to Egypt to be tortured and prosecutors were not able to interview him or use him as a witness (see January 2002 and After). Turkish authorities will later claim that their own evidence indicates bin Laden did authorize an attack on the base at one point. Detroit prosecutors also later complain that the lone Justice Department lawyer sent to help with the case had no intention of helping with the trial, and spent most of his time in Detroit staying in his hotel room or playing basketball. [Associated Press, 8/9/2004] In 2002, Chicago prosecutor Patrick Fitzgerald is also prohibited from charging al-Marabh with any crime (see January-2002-December 2002).
Early 2003: Possible 7/7 London Bombings Mastermind Falsely Considered Killed in Afghanistan
According to the Sunday Herald, in early 2003, British officials believe that Haroon Rashid Aswat has been killed in Afghanistan, because his passport has been recovered from the body of a young man fighting for the Taliban there. The Herald will later claim that days later in the headquarters of the British intelligence agency MI5, officers there “were in no doubt that Aswat’s death had eliminated a major terrorist threat to [Britain]. Laid out before the group were highly classified photographs and papers from his file, revealing the activities, friends, and acquaintances of a young man who was increasingly becoming a headache for Britain’s security services. It was early in 2003, but in the previous few years, the file on Aswat had burgeoned.” [Sunday Herald (Glasgow), 7/31/2005] Aswat apparently will be monitored in February 2004 meeting with suspected bomb plotters in London, but he will not be arrested (see February 2004). In June 2005, US intelligence will learn that Aswat is living in South Africa, but British authorities will prevent the US from renditioning him there (see Early June 2005). In July 2005, he will be implicated by many media outlets as the mastermind of the 7/7 London bombings (see Late June-July 7, 2005). Counterterrorism expert John Loftus will also claim that Aswat had been a long-time asset for the British intelligence agency MI6 and had been trying to prevent other parts of the British government (presumably including MI5) from arresting him (see July 29, 2005). [Sunday Herald (Glasgow), 7/31/2005]
Early 2003-September 5, 2003: US Slow to Freeze Assets in Southeast Asia
In early 2003, the Treasury Department draws up a list of 300 individuals, charities, and corporations in Southeast Asia believed to be funding al-Qaeda and its suspected Indonesian affiliate Jemaah Islamiya. “Due to inter-agency politics, the list [is] winnowed down to 18 individuals and 10 companies.” [Contemporary Southeast Asia, 8/1/2003] Later, the number of suspected financiers is narrowed down even further, and on September 5, 2003, only 10 individuals, all connected to Jemaah Islamiya, have their assets frozen. [Associated Press, 9/5/2003] The assets of Jemaah Islamiya itself were frozen shortly after the October 2002 Bali bombings was blamed on the group (see October 12, 2002), though ties between the group and al-Qaeda were first publicly reported in January 2002. [Associated Press, 1/18/2002; United Press International, 1/25/2003] Hambali, a notorious leader of both al-Qaeda’s Southeast Asia operations and Jemaah Islamiya, only had his assets frozen in January 2003, even though he was publicly mentioned as a major figure as far back as January 2001. [New Straits Times, 1/25/2001; Associated Press, 1/18/2002]
Early 2003-April 6, 2004: British Intelligence Uncovers and Shuts Down Al-Qaeda-Linked Fertilizer Bomb Plot
In early 2003, the British intelligence agency MI5 is tracking a suspected al-Qaeda leader living in Britain known as Mohammed Quayyum Khan (a.k.a. “Q”) (see March 2003 and After), and they see him repeatedly meeting with a Pakistani-Briton named Omar Khyam. Quayyum is believed to be an aide to al-Qaeda leader Abd al-Hadi al-Iraqi. [BBC, 5/1/2007] By around March or April 2003, investigators begin monitoring Khyam, and soon discover he is a ringleader in a fertilizer bomb plot on unknown targets in Britain. [BBC, 4/30/2007]
Surveillance Intensifies – By the beginning of February 2004, surveillance intensifies. Thousands of hours of audio are recorded on dozens of suspects. The investigation soon focuses on a smaller group of Khyam’s close associates who are originally from Pakistan and had attended training camps in mountainous regions of Pakistan in recent years. Most of these men have links to Al-Muhajiroun, a banned Islamist group formed by radical London imam Omar Bakri Mohammed. The plotters are monitored discussing various targets, including nightclubs, pubs, and a network of underground high-pressure gas pipelines. In February 2004, MI5 intercepts a phone conversation between Khyam talking to his associate Salahuddin Amin, in Pakistan, about the quantities of different ingredients needed to construct a fertilizer bomb. An al-Qaeda operative in Pakistan had encouraged Amin to bomb targets in Britain.
Fertilizer Found and Replaced – Later in February, employees at a self storage depot in London call police after discovering a large amount of ammonium nitrate fertilizer being stored and suspecting it might be used for a bomb. Investigators discover the fertilizer belongs to Khyam and his group, and has been stored there since November 2003. The fertilizer is covertly replaced with an inert substance so a bomb cannot be successfully made from it.
Arrests Made – Investigators discover that Khyam is planning to fly to Pakistan on April 6, and the decision is made to arrest the suspects before he leaves the country. On March 29, a bomb plotter named Momin Khawaja is arrested where he is living in Canada. Weapons and a half-built detonator are found in his house. The next day, Khyam and seventeen others are arrested in England (see March 29, 2004 and After). Aluminum powder, a key bomb ingredient, is found in a shed owned by Khyam. Amin, still living in Pakistan, turns himself in to authorities there a few days later. Another key member of the group, Mohammed Junaid Babar, is not arrested and flies to the US on April 6. But he is arrested there four days later and quickly agrees to reveal all he knows and testify against the others (see April 10, 2004).
Five Convicted in Trial – The suspects will be put on trial in 2006 and Babar will be the star prosecution witness. Five people, including Khyam, will be sentenced to life in prison in 2007. Trials against Khawaja in Canada and Amin in Pakistan have yet to be decided. Curiously, Quayyum, who has been alleged to the mastermind of the plot and the key al-Qaeda link, is never arrested or even questioned, and continues to live openly in Britain (see March 2003 and After). [Guardian, 5/1/2007]
January 2003: Pakistan Military Allegedly Trains Militants to Kill Westerners in Afghanistan
According to US intelligence, insurgents in the Zabul province of Afghanistan receive a month of training in bomb-making, explosives, and assassination techniques from “three Pakistani military officers.” The training is said to be conducted in preparation for a spring campaign targeting Westerners. Ricardo Mungia, a Red Cross water engineer, will be killed by militants on March 27, 2003, in the adjacent Oruzgan province. The murder will greatly hinder development programs in many parts of Afghanistan. The intelligence on this is later mentioned in the Guantanamo file of a detainee named Abdul Kakal Hafiz, which will be leaked to the public in 2011. [Guardian, 4/25/2011]
January 2003: CIA Doubts Iraqi Government Used Salman Pak to Train Terrorists
The CIA reports to the White House that it has serious doubts about reports that the Iraqi military base at Salman Pak was ever used to train Islamist terrorists (see April 6, 2003). The agency reports in part, “The probability that the training provided at such centers, e.g. Salman Pak, was similar to that al-Qaeda could offer at its own camps in Afghanistan, combined with the sourcing difficulties, leads us to conclude that we need additional corroboration before we can validate that this low level basic terrorist training for al-Qaeda occurred in Iraq.” [Knight Ridder, 6/17/2004]
January 2003: Bush Receives Intelligence Memo Saying Iraq ‘Unlikely’ to Attack US Unless Provoked
President Bush receives a highly classified “President’s Summary” from the intelligence community’s National Intelligence Estimate on Iraq (see October 1, 2002), focusing on whether or not Saddam Hussein would launch an unprovoked attack on the US, either directly or in conjunction with terrorist groups. The consensus of all 16 intelligence agencies is that such an attack would be highly unlikely unless “ongoing military operations risked the imminent demise of his regime,” or if Hussein intends to “extract revenge” for such an assault. The State Department’s Bureau of Intelligence and Research (INR) goes even farther, stating that Hussein is “unlikely to conduct clandestine attacks against the US homeland even if [his] regime’s demise is imminent” as the result of a US invasion. The same conclusion is circulated in Senior Executive Intelligence Briefs for senior White House officials, their senior staff members, and Congress’s intelligence oversight committees. Bush and his senior officials, specifically including Vice President Dick Cheney, have received at least four other reports since the spring of 2002 drawing the same conclusion, that Saddam Hussein is not a likely threat to the US.
‘Imminent Threat’ – However, Bush, Cheney, and other government officials have continued, and will continue, to assert that Hussein was ready and willing to use chemical or biological weapons against the US, either on his own or through a terrorist group such as al-Qaeda, unless stopped by force. The argument that Hussein is an “imminent threat” is a major rationale in the administration’s case for war.
Refusal to Release – The Bush administration will refuse to release the Presidential Summary to Congressional investigators who wish to know the basis for the Bush administration’s assertions about the alleged threat from Iraq. Bush and other senior officials will insist for months that they were never told of the intelligence community’s judgment that Hussein had no intention of launching an unprovoked attack on the US. By refusing to release the summary memo, the White House may be withholding the proof that Bush and his officials deliberately misled the public on the issue. [National Journal, 3/2/2006]
January 2003: FBI Informers Film Bin Laden Associate Making Compromising Statements
The FBI lures a Yemeni terrorism financier, Mohammed Ali Hassan al-Moayad, to Germany as part of a sting operation. One of the assets involved in the operation is Mohamed Alanssi, who works as a mole for the bureau, where he is handled by an agent named Robert Fuller (see November 2001). Alanssi will later say that his role in the operation is to persuade al-Moayad to travel to Germany, where US agents manage to tape him boasting of his involvement in providing money, recruits, and supplies to al-Qaeda, Hamas, and other terrorist groups. Al-Moayad is then arrested together with one of his assistants, Mohammed Mohsen Yahya Zayed. They will later be extradited to the US for trial (see November 16, 2003), but Alanssi’s role in the operation will be revealed in the press and his relationship with the FBI will go sour (see November 15, 2004). [BBC, 11/16/2003; Washington Post, 11/16/2004]
