The Bush administration bows to growing pressure in the wake of former counterterrorism “tsar” Richard Clarke’s testimony before the 9/11 Commission (see March 21, 2004) and agrees to allow National Security Adviser Condoleezza Rice to testify before the Commission in public and under oath. It also agrees that President Bush and Vice President Dick Cheney can be interviewed in private by the whole Commission. However, according to the New York Times, “In exchange for her appearance, the [9/11 Commission] agreed not to seek testimony from other White House aides at public hearings, although it can continue to question them in private.” [New York Times, 3/31/2004] There was some debate in the administration over whether Rice would testify or not. As she is national security adviser and there are no allegations of criminal wrongdoing, there are good grounds for Rice refusing to testify under the doctrine of executive privilege, and this argument is made in particular by White House counsel Alberto Gonzales and David Addington, Vice President Cheney’s counsel. However, Rice insists that she wants to testify. According to author Philip Shenon, she is “uncharacteristically frantic” over the issue. White House chief of staff Andy Card will say, “Condi desperately wanted to do it.” Shenon will write of the decision, which is made by President Bush: “The political pressure on the White House was too great, and Rice’s persuasive powers with the president were more than a match for Alberto Gonzales’s. Rice was as strong-willed as any member of the White house staff. Gonzales was strong-willed until the president told him otherwise.” [Shenon, 2008, pp. 289-292] Author and media critic Frank Rich will later write: “The dirty little secret about the uproar over Clarke’s revelations were that many of them had been previously revealed by others, well before he published his book. But as the Bush administration knew better than anyone, perception was all, and perception began with images on television. Clarke had given the charges a human face.” The administration is sending Rice to testify publicly before the Commission, Rich will write, in part because she is the most telegenic of Bush’s top advisers, and has the best chance of “rebranding” the story with her face and testimony. [Rich, 2006, pp. 119]
March 30-31, 2004: Spain Finally Issues Arrest Warrants, Publishes Photos of Some Suspect Madrid Bombers
On March 30, 2004, Madrid train bombings suspect Othman El Gnaoui is arrested in Spain (he will later be sentenced to life in prison, see October 31, 2007). The next day, the Spanish government finally issues the first international arrest warrants for the bombings. It also publicly names six of the top suspects and releases photographs of them. The named suspects are: Serhane Abdelmajid Fakhet, Said Berraj, Jamal Ahmidan (alias “El Chino”), Abdennabi Kounjaa, and the brothers Rachid Oulad Akcha and Mohammed Oulad Akcha. [CNN, 4/1/2004; CNN, 4/2/2004] Jamal Zougam was arrested on March 13 (see 4:00 p.m., March 13, 2004). Over the next weeks, more arrests were made. By the end of March, almost 20 suspects have been arrested. But strangely, there appears to be no effort to arrest the main suspects like the six mentioned above, who generally continued to live openly in Spain after the bombings. However, they were aware of the arrest of their associates and by the end of March most of them have gone into hiding, renting an apartment together in the town of Leganes. [Irujo, 2005; Vidino, 2006, pp. 302] Even by the end of the month, authorities appear uncertain about whom to arrest. For instance, on March 30, Fouad El Morabit is arrested, then released, then arrested again. Then he is released again the next day, only to be arrested yet again later. He will eventually be sentenced to 12 years for a role in the bombings (see October 31, 2007). [CNN, 4/1/2004; CNN, 4/2/2004] Other likely suspects such as Allekema Lamari and Abdelmajid Boucher have not been charged or questioned at all by the end of March. All of this is strange, because Spanish intelligence has been monitoring all of the above mentioned people and their associates for at least a year before the bombings, sometimes more, and their phone numbers and addresses are known. When Zougam was arrested on March 13, investigators found he had called many of those mentioned above in the days before the bombings, which seemingly would have been grounds for their arrest or questioning. Adding to the strange situation, most of these suspects continued to live normal lives for many days after the bombings, which would have made their arrests easy. For instance, Ahmidan continued to live with his wife and children until March 19 (see March 17, 2004). He even continued to use his monitored cell phone, visited bars, and talked to neighbors. [El Mundo (Madrid), 2/12/2006] On April 2, the Madrid bombers apparently will try to bomb another train (see 11:00 a.m., April 2, 2004). One day after that, seven of the bombers, including Fakhet, Ahmidan, Kounjaa, and the Akcha brothers, apparently blow themselves up after a shootout with police (see 9:05 p.m., April 3, 2004). Berraj is a government informant despite being listed as a wanted man (see 2003), and will never be charged in the bombings.
March 30-April 2, 2004: Terror Alert Warns of Al-Qaeda Attack on Trains and Buses in US
The FBI issues a bulletin to state and local law enforcement agencies which states that terrorists may use cultural, artistic or athletic visas to slip into the United States undetected. This is followed by another bulletin one day later from the FBI and Department of Homeland Security warning of pending terrorist attacks on buses and trains in major cities during the summer. The uncorroborated intelligence cited by the warning indicates the possible use of a bomb made out of ammonium nitrate fertilizer and diesel fuel, similar to the one used in the Oklahoma City federal building attack. This intelligence, as well as the March 11, 2004, train bombings in Madrid (see 7:37-7:42 a.m., March 11, 2004), reportedly increases the level of concern that terrorists are planning an attack in the US. It is reported that the intelligence community believes that al-Qaeda has the full intent and capability to execute coordinated and deadly attacks on public transportation systems. [PBS, 4/2/2004] No such attacks occur. The warning apparently is given because a number of suspects are arrested in Britain who had been working on a fertilizer bomb, but they have been under surveillance and their fertilizer had been replaced with a harmless substance. In the thousands of hours of monitored conversations, none of them mentioned anything about bombing the US (see Early 2003-April 6, 2004). One day prior to the first alert, Charles Duelfer, the chief weapons inspector in Iraq, informed Congress that no WMD have been found to date. [MSNBC, 6/4/2007]
April 2004: 7/7 London Bomber Questioned by Police over Murder, but Not Arrested
Future 7/7 London bomber Shehzad Tanweer is questioned by police over a murder in Leeds, but no charges are brought against him. The victim, a mixed-race 16-year-old named Tyrone Clarke, was apparently involved in gang warfare. He was cornered by a group of up to 20 Asian youths, who beat him with baseball bats and metal poles, as well as stabbing him three times. Tanweer was seen with the attackers that evening, but there is no proof he was involved in the actual murder. Four of the youths are later identified and sentenced to life imprisonment for the murder. [O’Neill and McGrory, 2006, pp. 273]
April 2004: Pakistani Raid Misses Al-Qaeda Leader Al-Libbi in Abbottabad
An attempted raid is made on al-Qaeda leader Abu Faraj al-Libbi in Abbottabad, Pakistan, as Pakistani President Pervez Musharraf will describe in a 2006 memoir. Pakistani forces have arrested one of al-Libbi’s couriers, and found out from him that al-Libbi has just rented a house in Abbottabad. Pakistani forces raid the house, but al-Libbi is not there. They will later determine he was using three houses in Abbottabad and they raided the wrong one. [Musharraf, 2006, pp. 210-211] Al-Libbi will be captured in Pakistan a year later (see May 2, 2005). Osama bin Laden begins living in Abbottabad around late 2005 (see Late 2005-Early 2006). His trusted courier Ibrahim Saeed Ahmed already lives there in 2004 (see January 22, 2004-2005). (Note that US forces also attempt to catch al-Libbi in Abbottabad in 2004, but it is unclear if that raid is this one or a different one (see 2004).)
April-May 2004: Kidnapped Imam Temporarily Released in Egypt, Claims He Has Been Tortured
Hassan Mustafa Osama Nasr (a.k.a. Abu Omar) is temporarily released in Egypt, where he was taken by the CIA after being abducted (see Noon February 17, 2003). He makes a series of phone calls to family members and acquaintances in Milan, Italy, saying he was kidnapped, taken by English- and Italian-speaking men, put on a plane with a US flag on it, and held in prison for a year, but is now under house arrest. In one of the calls, Nasr tells his wife: “I was very close to dying. But I don’t think about death anymore.… I am deeply saddened because I wasn’t able to do what I had planned to do in Italy.” He says that he has been tortured—subjected to freezing temperatures and electric shocks, among other forms of abuse (see Late February 2003 or Shortly After). He also warns religious colleagues at the Islamic Cultural Center in Milan that his Egyptian interrogators want to abduct another three people. He is soon rearrested by the Egyptian authorities because of the calls. The calls are recorded by Italian investigators, who have had him under surveillance for some time. [Washington Post, 12/6/2005; GQ, 3/2007 
] Armando Spataro, an Italian prosecutor who had previously worked with the CIA on surveillance of Nasr in Milan, learns of the calls. As the CIA’s practice of rendition is well known, he is unsurprised the agency had played a role in the operation, and also feels Italian intelligence may have been involved. However, the first call the Italians intercept from Nasr in Egypt causes them to try to determine the exact circumstances of the kidnap. According to GQ magazine, Spataro considers the rendition a “national embarrassment” and a “clear violation of Italian sovereignty and law.” [GQ, 3/2007 ] Nasr will be released again in 2007 (see February 11, 2007).
April 2, 2004: CIA Officer Involved in Failed Watchlisting Interviewed by 9/11 Commission, Misrepresents His Understanding Before Attacks
Tom Wilshire, a CIA officer involved in the failed watchlisting of hijackers Khalid Almihdhar and Nawaf Alhazmi (see 9:30 a.m. – 4:00 p.m. January 5, 2000 and May 15, 2001) and the failure to obtain a search warrant for Zacarias Moussaoui’s belongings (see August 24, 2001), is interviewed by the 9/11 Commission. He tells them that nobody in the US intelligence community looked at the bigger picture and no analytic work foresaw the lightning that could connect the thundercloud [i.e. increased reporting that an al-Qaeda attack was imminent] to the ground [i.e. the cases that turned out to be connected to 9/11 such as the search for Almihdhar and Alhazmi, Zacarias Moussaoui, and the Phoenix memo]. The 9/11 Commission will agree with this and write in its final report: “Yet no one working on these late leads in the summer of 2001 connected the case in his or her in-box to the threat reports agitating senior officials and being briefed to the President. Thus, these individual cases did not become national priorities.” [9/11 Commission, 7/24/2004, pp. 277] However, Wilshire was receiving such threat reporting. For example, he received a report that al-Qaeda was planning an Hiroshima-like attack (see Summer 2001). [Wright, 2006, pp. 340] Wilshire also repeatedly suggested that Khalid Almihdhar may well be involved in the next big attack by al-Qaeda (see July 5, 2001, July 13, 2001, and July 23, 2001). For example, on July 23, 2001 he wrote: “When the next big op is carried out by [bin Laden] hardcore cadre, [al-Qaeda commander] Khallad [bin Attash] will be at or near the top of the command food chain—and probably nowhere near either the attack site or Afghanistan. That makes people who are available and who have direct access to him of very high interest. Khalid Almihdhar should be very high interest anyway, given his connection to the [redacted].” [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ]
11:00 a.m., April 2, 2004: Madrid Train Bombers Apparently Botch Second Train Bombing
At 11:00 a.m. on April 2, 2004, a security guard notices a plastic bag next to train tracks forty miles south of Madrid. The bag contains 26 pounds of the same type of explosives used in the March 11 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). The explosives are connected to a detonator by 450 feet of cable, but they lack a triggering mechanism. The tracks are for a high-speed rail line, and if the bomb had derailed a train, it could have killed more people than the March 11 bombings did. Three days earlier, workers surprised a group of men digging a hole on a nearby section of the same rail line. It is suggested that the bombers fled prematurely both times. The next day, at 6:05 p.m., the Madrid newspaper receives a fax from Abu Dujan al-Afghani taking credit for the failed bomb. This same person (whose real name is Youssef Belhadj) took credit for the Madrid bombings and was linked to the actual bombers (see 7:30 p.m., March 13, 2004). He says the bomb is meant to show that the group can attack at any time, and demands that Spain withdraw all its troops from Iraq and Afghanistan immediately (the new prime minster has already pledged to withdraw Spain’s troops from Iraq (see March 14, 2004)). Curiously, the fax is sent right when the key Madrid bombers are in the middle of a gun battle with Spanish police. They are killed several hours later (see 9:05 p.m., April 3, 2004). [BBC, 3/4/2004; Irujo, 2005, pp. 349-260; Vidino, 2006, pp. 302-303]
7:00 a.m.-Noon, April 3, 2004: Police Already Know Where Madrid Bombers Are Hiding, according to Informant
Abdelkader Farssaoui, a.k.a. Cartagena, served as a government informant from late 2001 to June 2003, informing on a group of the Madrid train bombers, including mastermind Serhane Abdelmajid Fakhet (see September 2002-October 2003). At 7:00 a.m. on April 3, 2004, about three weeks after the Madrid train bombing (see 7:37-7:42 a.m., March 11, 2004), Farssaoui is picked up by a police car where he is living in Almeria, Spain, and driven about 350 miles to Madrid. Around noon, he is taken to a meeting of police officers, some of whom he knows from his time as an informant.
Holed Up – He is told that Fakhet and many of the other bombers are holed up in an apartment in the nearby town of Leganes. A police chief named Guillermo Moreno asks him to visit them and find out exactly who is there. But Farssaoui is scared and refuses to go. He points out that he has not seen any of the bombers for almost a year, and if he suddenly shows up without explaining how he knew where they were hiding they will realize he is an informant and probably kill him. He overhears an agent of UCI, the Spanish intelligence agency, speaking about him on the phone, saying, “If this Moor talks, we are f_cked.” Farssaoui, a Moroccan, will reveal this under oath as a protected witness during the trial of the Madrid bombers in 2007. [El Mundo (Madrid), 3/7/2007]
Contradiction – This testimony will directly contradict earlier testimony by police inspector Mariano Rayon (one of Farssaoui’s handlers), who will claim the police only learn that the bombers are holed up in the Leganes apartment between 3:00 and 5:00 p.m. that day. The police will surround and attack the apartment that evening, killing seven of the bombers inside (see 9:05 p.m., April 3, 2004). Farssaoui will say he is very glad he did not go into the apartment, because if he did, “there would be eight dead people,” not just seven. [Libertad Digital, 3/7/2007]
7:00 a.m., April 3, 2004: Elite Police Unit Begins to Prepare to Raid Hideout of Madrid Bombers
A group of the suspected Madrid train bombers are holed in an apartment in the town of Leganes, near Madrid. Around 7:00 a.m. on April 3, 2004, members of GEO, an elite Spanish police unit, receive orders that they should prepare for a major operation. At about the same time, a government informant is picked up and driven to near the Leganes apartment (see 7:00 a.m.-Noon, April 3, 2004). [El Mundo (Madrid), 4/23/2004] There will later be controversy as to just when the authorities discovered the apartment.
