On September 13, after two months of legal argument in court, the British trial begins against Kamal Bourgass and his alleged co-conspirators Mouloud Sihali, David Khalef, Sidali Feddag and Mustapha Taleb. The trial reveals the true extent of the capabilities of the so-called “ricin ring.” The same day of the raid, January 5, 2003, chemical weapons experts at the Defence Science and Technology Laboratory at Porton Down in Wiltshire had discovered in more accurate tests that the initial positive result for ricin was false: there was no ricin in the flat (see January 5, 2003). This finding was not released publicly for two years. [Independent, 4/17/2005] The trial also reveals that the results of the Porton Down test were not released to police and ministers until March 20, 2003, the day after the war in Iraq begins (see January 7, 2003). [BBC, 9/15/2005] George Smith, a scientist and senior fellow at GlobalSecurity.org, serves as an expert for some defendants in the trial and confirms that the discovery that the initial ricin finding was a “false positive” was made “well before the outbreak of the war in Iraq.” The alleged ricin plot was used by authorities, including Colin Powell, as evidence against Saddam Hussein’s regime in the build-up to war with Iraq. [Washington Post, 4/14/2005] The “poison recipes” discovered in the raid are found to have come from a website in Palo Alto, California, and are the invention of right-wing survivalist Kurt Saxon. His website sells books and CDs with bomb and poison manufacturing instructions. Journalist Duncan Campbell of the Guardian, called as an expert witness, further demonstrates that the instructions could have come from the Mujahedeen Poisons Handbook, which was written by veterans of the Afghan war and had been on the Internet since 1998. In fact, these recipes were useless in the production of weapons of mass destruction. [Guardian, 4/15/2005] The hysteria over the capabilities of ricin is also laid to rest during the trial. It is made clear that ricin is not a weapon of mass destruction and has only ever been used for one-on-one killings and attempted assassinations. Ricin was used by the Bulgarian secret service to kill dissident Georgi Markov on the streets of London in 1978. Professor Alistair Hay, a prominent authority on toxins, says Bourgass’s attempts to manufacture chemical weapons were “incredibly amateurish and unlikely to succeed.” He dismisses the allegations of suspected Algerian al-Qaeda operative Mohammed Meguerba that ricin would be smeared on door handles. To reliably kill, ricin has to be directly injected; swallowing ricin could kill, but is a thousand times less effective, while touching ricin is even less likely to kill. Hay’s testimony leads to the prosecution dropping Meguerba’s claims. They then suggest that Bourgass planned to smear ricin on toothbrushes, and put them back on a shop’s shelves. Professor Hay tells The Independent that this was a highly ineffective method. “The claims made before the trial about this major ricin plot were very, very questionable,” he says. [Independent, 4/17/2005]
September 15, 2004: CIA Is Given Court Order to Preserve All Records about Treatment of Detainees
In 2003, after reports began to surface that some detainees in US custody had been abused, the American Civil Liberties Union (ACLU) filed a Freedom of Information Act request seeking records about the treatment of all detainees caught since 9/11 and held in US custody overseas. The ACLU eventually filed a lawsuit to get the records, and on September 15, 2004, judge Alvin Hellerstein orders the CIA and other government agencies to “produce or identify” all relevant documents by October 15, 2004. [FindLaw, 12/14/2007] Hellerstein also rules that classified documents must be identified in a written log and the log must be submitted to him for review. In December 2004, the CIA and other agencies make public a huge amount of information but fail to inform the judge about the videotapes and other classified information (see December 21, 2004). Since that time, the case remains delayed with stays, extensions, and appeals. In December 2005, the CIA will destroy videotapes of the interrogations of at least two high-ranking al-Qaeda detainees (see November 2005). After the destruction of the videotapes is publicly revealed in December 2007, the New York Times will comment on the ACLU case, “Some legal experts [say] that the CIA would have great difficulty defending what seemed to be a decision not to identify the tapes to the judge, and the subsequent decision to destroy the tapes.” [New York Times, 12/13/2007] Legal analyst John Dean will later comment, “It is difficult to see why the CIA is, in fact, not in contempt, given the nature of the [ACLU] request and the judge’s order.” He will suggest that the case may represent the best chance to find out why and how the CIA destroyed the videotapes. [FindLaw, 12/14/2007]
September 16, 2004: New Israeli Art Student Ring in Canada Has Unexplained Link to Islamic Fundamentalist Fundraising
In a curious echo of reports of an Israeli “art student spy ring” in the US before 9/11, it is reported that numerous young Israelis claiming to be from non-existent art schools in Israel are being arrested and deported for selling art in Canada. Unlike the earlier events in the US, there are no reports of government offices and workers being targeted. Rather, it appears to be a money making scam to sell cheap Asian art for vastly inflated prices in numerous Canadian cities. However, it is reported these Israelis “may be linked to a group fronting for Islamic fundamentalist fundraisers.” The nature and detail of the connection between the Israelis and Islamic fundamentalists is not explained in the newspaper accounts of this scam. [Ha’aretz, 9/16/2004; Jerusalem Post, 9/16/2004]
September 16, 2004: Israelis Arrested on 9/11 Sue the US, Claiming Mistreatment and Torture; Lawsuit Never Happens
Four of the five Israelis arrested on 9/11 (see 3:56 p.m. September 11, 2001), Paul and Sivan Kurzberg, Omer Marmari, and Yaron Shmuel, file a multimillion dollar lawsuit against the US Justice Department. They claim they were arrested illegally, then held without charge and interrogated and tortured for months. Their lawyer claims the case will serve as a venue to debunk theories that Israel was behind the 9/11 attacks. [Ha’aretz, 9/16/2004; Jerusalem Post, 9/16/2004] Forward, a publication geared towards the Jewish population in the US, reported in 2002 that the FBI concluded at least two of the five were Mossad agents and that all were on a Mossad surveillance mission. [Forward, 3/15/2002] As of early 2011, there have been no further media reports about this lawsuit.
September 20, 2004: Fourteen Prisoners Transported from Afghanistan to Guantanamo
Fourteen prisoners are transferred from Afghanistan to Guantanamo. They include Abdulsalam Ali Abdulrahman, a Yemeni security official who had foreknowledge of 9/11 and was seized in Egypt (see August 12, 2000 and September 2002), and Saifulla Paracha, a Pakistani citizen who was arrested and sent to Bagram in July 2003 (see July 2003). All the other twelve detainees had previously been transported to Afghanistan as a part of the CIA’s rendition program. [Knight Ridder, 1/11/2005; Grey, 2007, pp. 257]
September 24, 2004: Porter Goss Sworn in as New CIA Director
Porter Goss becomes the new CIA director, replacing George Tenet (John McLaughlin served as interim director for a few months after Tenet’s sudden resignation—see June 3, 2004). Goss was a CIA field agent, then a Republican representative and co-chair of the 2002 9/11 Congressional Inquiry. [Knight Ridder, 10/25/2004]
Ignored Pakistan, ISI during 9/11 Investigations – He took part in secret meetings with Pakistani ISI Director Mahmood Ahmed before 9/11 and on the morning of 9/11 itself (see August 28-30, 2001 and (8:00 a.m.) September 11, 2001). Despite some press reports that Mahmood directly ordered money to be sent to hijacker Mohamed Atta, there is virtually no mention of Mahmood or Pakistan in the Inquiry report that Goss co-chaired. Such issues appear to be forgotten by the US press, but the Times of India raised them when his nomination was announced. [Times of India, 8/10/2004]
Will Lead ‘Purge’ – During his confirmation hearings Goss pledges that he will be a nonpartisan CIA director, but he will purge the CIA of all but “true believers” in Bush’s policies shortly after becoming director (see November-December 2004). [Knight Ridder, 10/25/2004] CIA analyst Valerie Plame Wilson will later write that Goss “arrive[s] at headquarters with the clear intention to houseclean, and from the beginning [is] seen more as a crusader and occupier than former colleague. He [brings] with him several loyal Hill staffers, known for their abrasive management style, and immediately set[s] to work attempting to bring the CIA—with special emphasis on the often wild and willful operations directorate—to heel, per White House orders. White House officials had suspected that CIA officials had leaked information prior to the election about the intelligence surrounding the war in Iraq that put the agency in a better light. Thus, Goss’s orders from the administration [are] probably along the lines of ‘get control of it.’” She will write that while most at the CIA welcome the idea of reform as a means to rebuild the agency’s credibility, “Goss’s heavy-handedness [will be] bitterly resented.” Goss will fail to have any meaningful dealings with “senior agency managers,” will spend “little time with the heads of foreign intelligence services (all of whom the CIA relied on for cooperation with counterterrorism and counterproliferation matters),” will fail to sufficiently engage “in day-to-day activities,” and will fail to gain a grasp of “some of the details of operations.” [Wilson, 2007, pp. 211-212]
September 27, 2004: Bush Says ‘Taliban No Longer Is in Existence’
President Bush, campaigning for reelection, says in a speech, “And as a result of the United States military, Taliban no longer is in existence. And the people of Afghanistan are now free.” [White House, 9/27/2004]
September 27, 2004: Al-Qaeda-Linked Militant Leader Killed in Pakistan, but Circumstances of His Killing Are Questioned
Amjad Farooqi, a leader of al-Qaeda and the Pakistani militant group Jaish-e-Mohammed, is allegedly shot and killed in Nawabshah, Pakistan, a town 170 miles north of Karachi. Farooqi had been indicted for the murder of US journalist Daniel Pearl in 2002 (see January 31, 2002), and was said to have been a mastermind of the two assassination attempts against Pakistani President Pervez Musharraf in December 2003 (see December 14 and 25, 2003). Farooqi is also believed to have taken part in the hijacking of an Indian airliner in late 1999 (see December 24-31, 1999). He is said to be close to al-Qaeda leader Abu Faraj al-Libbi. Farooqi was allegedly tracked by his mobile home to a hideout, which was then surrounded by police. He and two associates were killed after a two-hour gun battle, while three others were arrested. A senior Pakistani official says, “Farooqi’s elimination is a crushing blow to the al-Qaeda network in Pakistan because he was the man who had been providing al-Qaeda terrorists with the manpower to carry out attacks.” [Washington Post, 9/27/2004]
Staged Death? – However, the Asia Times reported in June 2004 that Farooqi had been secretly arrested already and that Musharraf was saving him for a politically opportune time. [Asia Times, 6/5/2004] After the announcement of his death, the Asia Times further report that its sources believe Farooqi indeed was killed, but his death was staged and he had been arrested months before. It is claimed that Pakistani authorities wanted him dead to close investigations into the murder of Daniel Pearl and the assassination attempts against Musharraf. In both cases, there are unanswered questions about the links between al-Qaeda and forces within the Pakistani government. Furthermore, some say the 1999 Indian airline hijacking he was said to have been a part of was planned by al-Qaeda-linked militants working with the Pakistani ISI (see December 24-31, 1999).
Allegedly Overhyped – The Asia Times further claims that while Farooqi was involved in Pearl’s death and the Musharraf assassinations, he was not the “super villain” he was made out to be in the months before his death. They also portray him as a stand-alone operator who worked with al-Qaeda and a number of Pakistani militant groups, but did not directly belong to any one group. [Asia Times, 9/28/2004; Asia Times, 9/29/2004]
Questions Unanswered – One senior Pakistani law-enforcement official says after the announcement of his death, “It was very important to catch Amjad Farooqi alive. Farooqi was the key link between the foot soldiers and those who ordered the murder [of Musharraf].” Another says, “Amjad Farooqi is now dead with the most important secret and we still don’t know for sure the real identity of the Pakistani or al-Qaeda or any other foreign elements who had launched Farooqi into action to remove General Musharraf from the scene.” [Asia Times, 9/30/2004]
September 30, 2004: President Bush Exaggerates Success against Al-Qaeda During Presidential Debate
On a September 30, 2004, presidential debate with John Kerry, President Bush says, “75 percent of known al-Qaeda leaders have been brought to justice.” But there is no evidence to support such a number. He uses this same number in other speeches around this time. In 2003, Bush’s top advisers typically said that more than one-third of the most wanted leaders had been found. Prior to the Republican convention in early September, the White House had claimed that “two-thirds” of the “senior al-Qaeda and associated leaders, operational managers, and key facilitators” had been captured or killed. But while the White House numbers were increasing as the November 2004 presidential election drew closer, the number of top al-Qaeda figures captured or killed remained essentially unchanged – Hassan Ghul was captured in early 2004 (see January 23, 2004). In October 2004, the Washington Post learns 28 of the approximately 30 names on a classified and unpublished “high-value targets” list of al-Qaeda leaders. Only 14, or half, are known to be killed or captured. (Other al-Qaeda leaders captured in 2004, such as Ahmed Khalfan Ghailani (see July 25-29, 2004), apparently are not considered important enough to be included in the list seen by the Washington Post.) [Washington Post, 10/22/2004; American Prospect, 11/1/2004] In 2008, it will be reported that, of the 37 people the CIA deemed the most important al-Qaeda leaders in 2002, only 15 have been captured or killed. [Rashid, 2008, pp. 280-281]
October 2004: Radical Imam Abu Hamza Buys and Sells London Properties While in Prison, despite Frozen Assets
Leading radical cleric Abu Hamza al-Masri performs a property transaction while in prison awaiting trial on terrorism charges (see May 27, 2004). This is despite the fact that Abu Hamza, an informer for the British security services (see Early 1997), had his assets frozen by the British government in April 2002 (see April 2002). First, Abu Hamza sells a flat in Hammersmith, London, for £228,000 (about US$410,000). He had purchased the flat from the local government for £100,000 in 1999 under legislation allowing council tenants to buy property. He then uses the money to purchase a semi-detached house for £220,000 in another part of London. At this time, Abu Hamza is using government money to pay for the costs of his legal defense, estimated to be already over £250,000 (about US$450,000), under the legal aid scheme, which provides funding to people thought to be too poor to be able to afford proper legal representation. The transaction is uncovered by investigators working for the Legal Services Commission, which administers legal aid. Conservative Party homeland security spokesman Patrick Mercer says, “This is outrageous and makes an utter mockery of how the chancellor [Gordon Brown] has slipped up in dealing with terrorist financing.” [O’Neill and McGrory, 2006, pp. 74; Times (London), 10/12/2006]
