NBS News and ABC News report that Mohammad Salah is living openly in Chicago. The US government had declared Salah a “designated global terrorist,” in 1995 and his name has remained on the list ever since (see February 1995). Salah was convicted in Israel for being a member of Hamas and served five years in prison. Suspected Hamas fundraiser Jamil Sarsour is running a grocery store in Milwaukee, Wisconsin. US officials say Sarsour helped finance a string of suicide bus bombings in Israel, including one that killed two Americans. He also spent several years in an Israeli prison in the 1990s. Furthermore, suspected Hamas fundraiser Abdelhaleem Ashqar is working as a professor at Howard University in Washington. NBC additionally reports there are “about two dozen [other] alleged Hamas operatives in the United States now under investigation by the FBI.” FBI agent Robert Wright began investigating these men and others in the early 1990s. For instance, Ashqar organized a secret Hamas fundraising meeting in Philadelphia in the early 1990s that was wiretapped by the FBI (see October 1993). Wright believes Sarsour has been a pivotal figure in sending funds from the US to Hamas overseas since the early 1990s (see 1989-January 1993). Wright claims that the FBI could have moved against Hamas in the US years before 9/11. He says, “The Hamas criminal enterprise has been flourishing since then. These guys are still operating strong today because we’re doing absolutely nothing about it. The FBI has turned a blind eye to what they are doing.” Salah, who had been employed as a college professor in Chicago since February 2002, is fired from his job as a result of these stories. [MSNBC, 6/2/2003; ABC News, 6/5/2003; ABC News, 6/12/2003] But the men are not arrested in the wake of the media reports. Salah and Ashqar will finally be indicted in August 2004 (see August 20, 2004).
After June 2, 2003-December 2003: FBI Superiors Vow to Fire Wright
Beginning in 1999, the FBI had conducted five disciplinary investigations of FBI agent Robert Wright and failed to find any wrongdoing. But within days of Wright’s second press conference (see June 2, 2003), they launch yet another investigation about him, claiming his media appearances show he was insubordinate. [Chicago Tribune, 4/22/2005] Senators Charles Grassley (R-IA) and Patrick Leahy (D-VT) quickly hear of this new investigation and co-author a letter to FBI Director Robert Mueller on July 12. The letter states, “We are troubled by the FBI’s apparent haste to launch [a disciplinary] investigation every time an agent speaks publicly about problems within the FBI… The FBI should worry more about catching terrorists than gagging its own agents.” The senators demand a briefing on what is happening. [CNN, 6/19/2003; Chicago Tribune, 7/13/2004] In July 2003, FBI agent Royden Rice speaks to a reporter from the LA Weekly. Wright will later sue the FBI, alleging that Rice disclosed classified information to the reporter in an attempt to smear him. Rice denies the charges and the case is still pending. [LA Weekly, 7/22/2005] In December 2003, John Roberts, the third highest ranking official in the FBI’s disciplinary office, writes a memo about FBI Assistant Director Robert Jordan and Deputy Assistant Director Jody Weis. The memo claims that Jordan and Weis were overheard saying that Wright’s second press conference (see June 2, 2003) would give them an opportunity to “take him out.” Roberts also refers to an e-mail from a higher up in the Chicago FBI office asking for permission to do a media smear job on Wright (it is not known if this agent is Rice or someone else). Roberts claims that Jordan and Weis are misusing the FBI’s disciplinary process to silence and punish whistleblowers like Wright. He also claims that the allegations against Wright were not serious enough for a disciplinary investigation and at most Wright should have faced a written reprimand, since no classified information was disclosed. Roberts says, “I was left with the clear understanding that I was to… deceive, misrepresent, and hide… the facts of this matter.” [Chicago Tribune, 7/13/2004; New York Post, 7/14/2004] Even though details of Roberts’ memo will be revealed to the press in 2004, the investigation into Wright will continue and result in him being fired in 2005. Senators Grassley and Leahy will write at least three more letters to Mueller demanding explanations, but still will receive no answer. Later in 2005, Wright’s dismissal will be overruled by the Justice Department and he will be reinstated (see April 30, 2005-October 19, 2005). There appears to have been no investigation into the behavior of Jordan and Weis. [LA Weekly, 7/22/2005]
June 15, 2003: BMI Leader Arrested and Imprisoned
Soliman Biheiri, the former head of BMI Inc., a New Jersey-based investment firm with ties to many suspected terrorism financiers (see 1986-October 1999), had left the US immediately after a raid of the SAAR network in March 2002 (see March 20, 2002). On this day, he returns to the US and is immediately arrested and interviewed by Customs agent David Kane. Biheiri tells Kane that he has longstanding ties to leaders of the Muslim Brotherhood, a radical Muslim group banned in Egypt. Agents are able to search his laptop computer, and discover ties with Hamas leader Mousa Abu Marzouk. He is also connected to two principals of the banned Al Taqwa Bank (see November 7, 2001), Youssef Nada and Ghaleb Himmat, when their addresses are discovered on his computer as well. Agents say there are “other indications” of connections between Al Taqwa and Biheiri’s company BMI, including financial transactions. [Forward, 10/17/2003; Wall Street Journal, 6/21/2004; Associated Press, 10/12/2004] An e-mail is also discovered showing Biheiri was involved in Saudi multimillionaire Yassin al-Qadi’s financial dealings with Yaqub Mirza, the director of the raided SAAR network. The US froze al-Qadi’s assets in late 2001 (see October 12, 2001). [Wall Street Journal, 9/15/2003] Biheiri will be convicted of immigration fraud in October 2003. He will be convicted again in 2004 for lying to Kane about his ties to Marzouk during his interview. [Wall Street Journal, 6/21/2004; Associated Press, 10/12/2004]
June 17, 2003: Al-Qaeda Suspect Arrested in Pakistan, Disappears into US Custody
On June 17, 2003, al-Qaeda suspect Adil Al-Jazeeri is arrested at a public swimming pool in Peshawar, Pakistan. He is not on any wanted list, and there is very little public information known about him, but intelligence sources call im a long-time aide to bin Laden and someone involved in training for al-Qaeda. On July 14, 2003, CBS News reports that he has been transferred over to US authorities after being subjected to “tough questioning” by Pakistani agents. US forces has then flown him “blindfolded and bound to an unknown location for interrogation in US custody.” Most likely, he is taken to the Bagram air base in Afghanistan. [Associated Press, 6/19/2003; CBS News, 7/14/2003; Amnesty International, 8/19/2003] In late 2005, Human Rights Watch will list his as a likely “ghost prisoner” probably being held by the CIA. [Human Rights Watch, 11/30/2005]
June 23, 2003: US Drops Criminal Charges Against Al-Marri, Designates Him ‘Enemy Combatant’
A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]
‘Grave Danger’ – President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]
Alleged Sleeper Agent – The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]
Transferred to Navy Brig – Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi.
Fingered by KSM – According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]
Pleaded Not Guilty – Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]
June 23-24, 2003: Karl Rove Calls 9/11 Commission Executive Director Zelikow Twice
White House adviser Karl Rove makes two telephone calls to Philip Zelikow, the 9/11 Commission’s executive director. The first call comes at 4:40 p.m. and is taken by Karen Heitkotter, an executive secretary at the Commission. Rove says: “This is Karl Rove. I’m looking for Philip.” Heitkotter wonders why Rove is calling Zelikow, but it is not her place to ask for a reason. Therefore, as Zelikow is out of the office, she gives Rove Zelikow’s cell phone number. Heitkotter has been keeping an unofficial record of Zelikow’s calls in a notebook she purchased herself, and logs the calls as “Karl Rove—gave PZ cell #.” Rove calls again the next day, looking for Zelikow. As he is again absent, Heitkotter takes a message. [Shenon, 2008, pp. 106-107] Zelikow will later describe two interactions with Rove during the Commission’s lifetime. It appears that, according to Zelikow, this exchange of calls was “related to past correspondence with me in my Miller Center role [Zelikow previously worked there as a historian], related to presidential library preparation (I had no horse in that race). It was a brief conversation and we did not discuss the Commission.” [Zelikow and Shenon, 2007
] However, a “senior White House official familiar with Rove’s memory of the contacts with Zelikow” will dispute this, saying that there had been “ancillary conversations” about the workings of the Commission. Rove will talk to Zelikow again in September (see September 4-15, 2003). Interviewed around mid-September 2003, 9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will say that they were not aware of the calls and seem surprised by them, but accept Zelikow’s innocent explanation. [Shenon, 2008, pp. 173-174]
June 24, 2003: President Bush Declares Al-Qaeda Leadership Has Been Dismantled
At a joint Camp David press conference with Pakistani President Pervez Musharraaf, President Bush declares that al-Qaeda’s leadership is largely defunct. He says, “Thanks to President Musharraf’s leadership, on the al-Qaeda front we’ve dismantled the chief operators of al-Qaeda.” Although bin Laden is still at large, “the people reporting to him, the chief operators, people like Khalid Shaikh Mohammed are no longer a threat to the United States or Pakistan, for that matter.” He adds that, “[S]lowly but surely, we’re dismantling the networks.” [White House, 6/24/2003; Washington Post, 9/9/2007] But the declaration is premature, as al-Qaeda’s leadership eventually revives in Pakistan’s tribal region near the Afghanistan border. [Washington Post, 9/9/2007]
Mid-2003: CIA Suggests Major Saudi Bank Is Being Used to Fund Militants
A CIA report strongly suggests that the Al-Rajhi Bank is being used to finance militants. The bank is one of the biggest in Saudi Arabia, with an estimated $26 billion in assets in 2006. The report states, “Islamic extremists have used Al-Rajhi Banking and Investment Corporation since at least the mid-1990s as a conduit for terrorist transactions… Senior al-Rajhi family members have long supported Islamic extremists and probably know that terrorists use their bank. Reporting indicates that senior al-Rajhi family members control the bank’s most important decisions and that [their] principal managers answer directly to Sulaiman [Abdul Aziz al-Rajhi]. The al-Rajhis know they are under scrutiny and have moved to conceal their activities from financial regulatory authorities.” It adds that in 2002, Sulaiman ordered the bank’s board “to explore financial instruments that would allow the bank’s charitable contributions to avoid official Saudi scrutiny.” US intelligence have extensive circumstantial evidence but no direct proof that bank managers knowingly support terrorism. For instance, the report says that in December 1998, Sulaiman and his brother Salah sent $4 million to Germany and Pakistan using “a unique computer code to send funds at regular intervals to unspecified recipients, suggesting they were trying to conceal the transactions and that the money may have been intended for illegitimate ends.” Islamist operatives in many countries have used the bank, including at least some al-Qaeda leaders and 9/11 hijackers (see Before September 11, 2001). In 1997, US investigators recovered the address book of al-Qaeda financier Wadih El-Hage, and discovered Salah al-Rajhi’s phone number in it (see Shortly After August 21, 1997). Salah is Sulaiman’s brother and co-owner of the bank. In 2002, the US will raid the SAAR Network, a collection of linked financial entities in the US suspected of funding militants. SAAR stands for Sulaiman Abdul Aziz al-Rajhi, and the network was founded and funded by him (see March 20, 2002). [Wall Street Journal, 7/26/2007; Wall Street Journal, 7/26/2007] The US government will subsequently consider taking overt action against the bank, but will ultimately decide against it (see Mid-2003). The bank continues to deny any links to Islamic militancy.
Mid-2003: US Suspicious that Major Saudi Bank Is Supporting Islamic Militants, But Takes No Action against It
US intelligence has long suspected the Al-Rajhi Bank for supporting radical militant causes. However, the US has not acted overtly against the Saudi bank because it is so large and influential, with an estimated $26 billion in assets and yearly profits of almost $2 billion in 2006. In mid-2003, a new CIA report details linkages between the bank and militants (see Before September 11, 2001), and suggests that the owners of the bank are aware of these links and have an extremist agenda (see Mid-2003). The US begins to rethink the quiet diplomacy approach. Deputies from the CIA, National Security Council, Treasury and State departments meet to discuss the problem. They debate officially listing the bank as a supporter of terrorism. They also consider the possibility of covert operations against the bank, such as interfering with the bank’s internal operations. Another possibility is working with other countries for more scrutiny and regulatory action against the bank. But ultimately, the Bush administration decides against all these options and chooses merely to continue privately exerting pressure on the Saudi government in hopes that the Saudis will do something. [Wall Street Journal, 7/26/2007] In late 2004, Homeland Security Adviser Frances Townsend will make a secret visit to Saudi Arabia to put more pressure on the government to do something about the bank. [Wall Street Journal, 10/1/2004] What the US has done regarding the bank since that time is unknown. The bank denies any ties to Islamic militancy.
Shortly Before July 2003: Head 7/7 London Bomber Monitored Talking to Key Alleged Al-Qaeda Operative in Britain
In early 2003, the British domestic intelligence agency MI5 begins investigating a man named Mohammed Quayyum Khan (a.k.a. “Q”), who is a taxi driver living in Luton, England. MI5 believes he is an important al-Qaeda operative. Mohammad Sidique Khan is the head suicide bomber in the 7/7 London bombings, and at some point before he goes to a training camp in Pakistan in July 2003 (see July-September 2003), MI5 traces his cell phone number from a phone call or calls between him and Quayyum. It will later be revealed in court that Quayyum arranged for Sidique Khan to attend the training camp, so it seems probable the monitored communication relates to these arrangements. MI5 discovers the prepaid phone belongs to a “Siddique Khan,” but they find no reference to him in their own records or on the Police National Computer, so they do not pursue the lead any further. In early 2004, MI5 will repeatedly monitor Khan meeting with Omar Khyam (see February 2-March 23, 2004), the head bomber in a plot to bomb a target in Britain with a large fertilizer bomb (see Early 2003-April 6, 2004). They allegedly do not know Khan’s name, but they learn in June 2004 that the car he has been driving Khyam around in is registered to the name “Siddeque Khan.” But, as the London Times will later note, “For reasons that remain unexplained, no one at MI5 made the connection to the Siddique Khan whose mobile phone number had already cropped up.” Strangely, despite his links such as this to both the fertilizer bomb plot and the 7/7 bombers, Quayyum will never be arrested or even questioned by officials, and continues to live openly in Britain (see March 2003 and After). [London Times, 5/1/2007; BBC, 5/25/2007]


