Thursday, June 18, 2009
How did the Iraq war start? With the FBI leadership thwarting Ken Williams and Colleen Rowley
The evidence indicates that the people at the top of the FBI, such as Dave Frasca, might have demonstrated incompetence and arrogance toward FBI field agents before 9-11.
July 10, 2001:
FBI Agent Sends Memo Warning that Unusual Number of Muslim Extremists Are Learning to Fly in Arizona
FBI agent Ken Williams sends a memorandum warning about suspicious activities involving a group of Middle Eastern men taking flight training lessons in Arizona...
The memo...focuses on Zakaria Soubra, a Lebanese flight student in Prescott, Arizona, and his connection with a terror group in Chechnya that has ties to al-Qaeda.
Names nine other suspect students from Pakistan, India, Kenya, Algeria, the United Arab Emirates, and Saudi Arabia...
Hijacker Hani Hanjour, attending flight school in Arizona in early 2001 and probably continuing into the summer of 2001...is not one of the students, but, as explained below, it seems two of the students know him.
Notes that he interviewed some of these students, and heard some of them make hostile comments about the US. Additionally, he noticed that they were suspiciously well informed about security measures at US airports. [Die Zeit (Hamburg), 10/1/2002]
Notes an increasing, “inordinate number of individuals of investigative interest” taking flight lessons in Arizona.
Suspects that some of the ten people he has investigated are connected to al-Qaeda. One person on the list, Ghassan al Sharbi, will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). Al Sharbi attended a flight school in Prescott, Arizona. He also apparently attended the training camps in Afghanistan and swore loyalty to bin Laden in the summer of 2001. He apparently knows Hani Hanjour in Arizona (see October 1996-Late April 1999). He also is the roommate of Soubra, the main target of the memo. [Los Angeles Times, 1/24/2003; 9/11 Commission, 7/24/2004, pp. 521]
Discovers that one of them was communicating through an intermediary with Abu Zubaida. This apparently is a reference to Hamed al Sulami, who had been telephoning a Saudi imam known to be Zubaida’s spiritual advisor. Al Sulami is an acquaintance of Hanjour in Arizona (see October 1996-Late April 1999). [Mercury News (San Jose), 5/23/2002; 9/11 Commission, 7/24/2004, pp. 520-521, 529]
Discusses connections between several of the students and a radical group called Al-Muhajiroun. [Mercury News (San Jose), 5/23/2002] This group supported bin Laden, and issued a fatwa, or call to arms, that included airports on a list of acceptable terror targets. [Associated Press, 5/22/2002] Soubra, the main focus of the memo, is a member of Al-Muhajiroun and an outspoken radical. He met with Sheikh Omar Bakri Mohammed, the leader of Al-Muhajiroun in Britain, and started an Arizona chapter of the organization. After 9/11, some US officials will suspect that Soubra has ties to al-Qaeda and other terrorist groups. He will be held two years, then deported to Lebanon in 2004. [Los Angeles Times, 10/28/2001; Los Angeles Times, 1/24/2003; Arizona Republic, 5/2/2004; Arizona Monthly, 11/2004] Though Williams doesn’t include it in his memo, in the summer of 1998, Bakri publicized a fax sent by bin Laden to him that listed al-Qaeda’s four objectives in fighting the US. The first objective was “bring down their airliners.” (see Summer 1998). [Los Angeles Times, 10/28/2001]
Warns of a possible “effort by Osama bin Laden to send students to the US to attend civil aviation universities and colleges” [Fortune, 5/22/2002] , so they can later hijack aircraft. [Die Zeit (Hamburg), 10/1/2002]
Recommends that the “FBI should accumulate a listing of civil aviation universities and colleges around the country. FBI field offices with these types of schools in their area should establish appropriate liaison. FBI [headquarters] should discuss this matter with other elements of the US intelligence community and task the community for any information that supports Phoenix’s suspicions.” [Arizona Republic, 7/24/2003] (The FBI has already done this, but because of poor FBI communications, Williams is not aware of the report.)
Recommends that the FBI ask the State Department to provide visa data on flight school students from Middle Eastern countries, which will facilitate FBI tracking efforts. [New York Times, 5/4/2002]
The memo is addressed to the following FBI Agents:
Dave Frasca, chief of the Radical Fundamentalist Unit (RFU) at FBI headquarters;
Elizabeth Harvey Matson, Mark Connor and Fred Stremmel, Intelligence Operations Specialists in the RFU;
Rod Middleton, acting chief of the Usama bin Laden Unit (UBLU);
Jennifer Maitner, an Intelligence Operations Specialist in the UBLU;
Jack Cloonan, an agent on the New York FBI’s bin Laden unit, the I-49 squad; (see January 1996 and Spring 2000).
Michael S. Butsch, an agent on another New York FBI squad dealing with other Sunni terrorists. [Federal Bureau of Investigation, 7/10/2001 pdf file; US Congress, 7/24/2003, pp. 135 pdf file]
However, the memo is not uploaded into the FBI’s information system until the end of the month and is apparently not received by all these people (see July 27, 2001 and after).
Williams also shares some concerns with the CIA (see (July 27, 2001)). [Mercury News (San Jose), 5/23/2002] One anonymous government official who has seen the memo says, “This was as actionable a memo as could have been written by anyone.” [Insight, 5/27/2002] However, the memo is merely marked “routine,” rather than “urgent.”
It is generally ignored, not shared with other FBI offices, and the recommendations are not taken. One colleague in New York replies at the time that the memo is “speculative and not very significant.” [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file] Williams is unaware of many FBI investigations and leads that could have given weight to his memo. Authorities later claim that Williams was only pursuing a hunch, but one familiar with classified information says, “This was not a vague hunch. He was doing a case on these guys.” [Mercury News (San Jose), 5/23/2002]
Coleen Rowley
Employee FBI Minnesota field office
Coleen Rowley was a participant or observer in the following events:
August 20-September 11, 2001: FBI’s Radical Fundamentalist Unit Unhelpful with Moussaoui Search Warrant
The FBI Minneapolis field office wishes to search Zacarias Moussaoui’s belongings, which will later be found to contain enough information to potentially stop 9/11 (see August 16, 2001).
To do so it must get the approval of the Radical Fundamentalist Unit (RFU) at FBI headquarters.
However, the RFU throws obstacles in the warrant request’s path:
RFU chief Dave Frasca stops the Minneapolis office from pursuing a criminal warrant (see August 21, 2001);
When French authorities say that Moussaoui is connected to the Chechen rebels, RFU agent Mike Maltbie insists that the FBI representative in Paris go through all telephone directories in France to see how many Zacarias Moussaouis live there (see August 22, 2001);
Maltbie stops Minneapolis from informing the Justice Department’s Criminal Division about the case (see August 22, 2001);
When RFU agent Rita Flack, who is working on the Moussaoui case, reads the Phoenix memo suggesting that bin Laden is sending pilots to the US for training, she apparently does not tell her colleagues about it, even though it was addressed to several of them, including Frasca (see July 10, 2001 and August 22, 2001);
The RFU does not provide the relevant documentation to attorneys consulted about the request. In particular, Flack does not tell them about the Phoenix Memo, even though one of the attorneys will later say she asked Flack if anyone is sending radical Islamists to the US to learn to fly (see August 22-28, 2001);
When Minneapolis learns Moussaoui apparently wants to go on jihad, Frasca is not concerned and says jihad does not necessarily mean holy war. However, a top Justice Department attorney will later say “he would have tied bells and whistles” to this comment in a request for a search warrant had he known this (see August 17, 2001 and August 29, 2001);
Maltbie tells the Minneapolis office that getting a warrant will “take a few months” (see August 24, 2001). He also tells Minneapolis, “We know what’s going on. You will not question us.” (see August 27, 2001);
Maltbie weakens the warrant request by editing it and removing a statement by a CIA officer that Chechen rebel leader Ibn Khattab was closely connected to Osama bin Laden, despite their being intelligence linking that leader to bin Laden (see August 28, 2001);
In a key meeting with an attorney about the request, Maltbie and Flack, who are submitting the warrant, are adamant that it is not sufficiently supported (see August 28, 2001);
Frasca opposes a plan to put an undercover officer in the jail cell with Moussaoui to find out more information about his connections to Islamic militants (August 29, 2001 and Shortly After);
The RFU does not want a Minneapolis agent to accompany Moussaoui when he is deported (see (August 30-September 10, 2001));
The RFU does not re-consider getting a criminal search warrant after a decision is taken not to seek a warrant under the Foreign Intelligence Surveillance Act (see After August 28, 2001);
Frasca and Maltbie are said to oppose a search warrant after 9/11 (see September 11, 2001).
It is unclear why the RFU opposes the warrant so strongly. The Justice Department’s Office of Inspector General will later criticize the RFU staff, but will conclude that they did not intentionally sabotage the warrant application. [US Department of Justice, 11/2004, pp. 101-222 pdf file]
A 2004 book by independent researcher Mike Ruppert will speculate that Frasca is actually a CIA agent. Ruppert suggests that the CIA placed Frasca in the FBI to prevent CIA operations from being compromised by FBI investigations. But he does not provide any direct evidence of ties between Frasca and the CIA (see October 1, 2004). The Minneapolis agents will offer a different interpretation of RFU actions. Coleen Rowley will say, “I feel that certain facts… have, up to now, been omitted, downplayed, glossed over and/or mischaracterized in an effort to avoid or minimize personal and/or institutional embarrassment on the part of the FBI and/or perhaps even for improper political reasons.”
She asks, “Why would an FBI agent deliberately sabotage a case? The superiors acted so strangely that some agents in the Minneapolis office openly joked that these higher-ups ‘had to be spies or moles… working for Osama bin Laden.’… Our best real guess, however, is that, in most cases avoidance of all ‘unnecessary’ actions/decisions by FBI [headquarters] managers… has, in recent years, been seen as the safest FBI career course. Numerous high-ranking FBI officials who have made decisions or have taken actions which, in hindsight, turned out to be mistaken or just turned out badly… have seen their careers plummet and end.
This has in turn resulted in a climate of fear which has chilled aggressive FBI law enforcement action/decisions.” [Time, 5/21/2002] Minneapolis FBI agent Harry Samit will agree with explanation, telling the Justice Department’s Office of Inspector General that the RFU is guilty of “obstructionism, criminal negligence, and careerism.” [Associated Press, 3/20/2006] Samit will also say that Maltbie even told him he was acting this way to “preserve the existence of his advancement potential” in the FBI. [Newsday, 3/21/2006]
August 21, 2001: FBI Headquarters Blocks Criminal Investigation into Moussaoui
Dave Frasca of the FBI’s Radical Fundamentalist Unit (RFU) denies a request from the Minneapolis FBI field office to seek a criminal warrant to search the belongings of Zacarias Moussaoui, who was arrested on August 15 as part of an intelligence investigation (see August 16, 2001 and August 16, 2001). Minneapolis agents believe they had uncovered sufficient evidence that Moussaoui is involved in a criminal conspiracy, and want to obtain a criminal search warrant instead of a warrant under the Foreign Intelligence Surveillance Act (FISA).
But because they originally opened an intelligence investigation, they cannot go directly to the local US attorney’s office for the warrant. In order to begin a parallel criminal investigation, they must first obtain permission from the Office of Intelligence Policy and Review (OIPR) so they can pass the information over the “wall.” [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Harry Samit, a Minneapolis FBI agent on the Moussaoui case, calls Dave Frasca, the head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, to discuss the request. Samit tells Frasca that they have already completed the paperwork for a criminal investigation, but, according to Samit, Frasca says, “You will not open it, you will not open a criminal case.” Frasca says that argument for probable cause in seeking a criminal warrant is “shaky” and notes that if they fail to obtain a criminal warrant, they will be unable to obtain a warrant under FISA. Samit, who has only been with the FBI since 1999, defers to his superior, and writes on the paperwork, “Not opened per instructions of Dave Frasca.” Samit then tells his Chief Division Counsel, Coleen Rowley, about the conversation, and she also advises him that it would be better to apply for a warrant under FISA. When the Justice Department’s Office of Inspector General (OIG) interviews Frasca after 9/11, he will claim he never spoke to Samit about this matter, and that the conversation was with Chris Briese, one of Samit’s superiors. However, Briese will deny this and the OIG will conclude that the conversation was between Samit and Frasca. [US Department of Justice, 11/2004, pp. 128-132 pdf file; US Department of Justice, 3/1/2006 pdf file] To get a FISA search warrant for Moussaoui’s belongings the FBI must now show there is probable cause to believe Moussaoui is an agent of a foreign power. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] A criminal warrant to search Moussaoui’s belongings will be granted only after the 9/11 attacks (see September 11, 2001).
Entity Tags: David Frasca, Coleen Rowley, Harry Samit, FBI Headquarters, Zacarias Moussaoui, Radical Fundamentalist Unit, FBI Minnesota field office
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
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August 23-27, 2001: Minnesota FBI Agents ‘Absolutely Convinced’ Moussaoui Plans to Hijack Plane; They Are Undermined by FBI Headquarters
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Zacarias Moussaoui’™s laptop, not opened until after 9/11.Zacarias Moussaoui’™s laptop, not opened until after 9/11. [Source: FBI]In the wake of the French intelligence report (see August 22, 2001) on Zacarias Moussaoui, FBI agents in Minneapolis, Minnesota, are “in a frenzy” and “absolutely convinced he [is] planning to do something with a plane.” Agent Greg Jones tells FBI headquarters that Moussaoui might “fly something into the World Trade Center.” [Newsweek, 5/20/2002; US Department of Justice, 11/2004, pp. 153 pdf file] Minneapolis FBI agents become “desperate to search the computer lap top” and “conduct a more thorough search of his personal effects,” especially since Moussaoui acted as if he was hiding something important in the laptop when arrested. [Time, 5/21/2002; Time, 5/27/2002] As the Radical Fundamentalist Unit (RFU) at FBI headquarters has already blocked an application for a criminal warrant (see August 21, 2001), the FBI’s Minneapolis field office must apply for one under the Foreign Intelligence Surveillance Act (FISA). Minneapolis agent Harry Samit completes an application for a warrant to search Moussaoui’s belongings on August 25. To obtain the warrant, he has to show there is probable cause to believe Moussaoui is an agent of a foreign power. The memo states that Moussaoui recruited a fighter for a particular Chechen rebel group connected to al-Qaeda, so he is connected to al-Qaeda through the Chechens. However, the RFU at FBI headquarters believes that the Chechen rebels should not be described as a foreign power and that the link between the Chechens and bin Laden is not strong enough. [US Department of Justice, 11/2004, pp. 128-132 pdf file; US Department of Justice, 3/1/2006 pdf file]
However, earlier in 2001 the FBI had received information indicating that this Chechen group and bin Laden were planning to attack US interests (see Before April 13, 2001). Minneapolis FBI agent Coleen Rowley later sums up how the Minneapolis agents feel at this point, when she says FBI headquarters “almost inexplicably, throw up roadblocks” and undermine their efforts. Headquarters personnel bring up “almost ridiculous questions in their apparent efforts to undermine the probable cause.” One of Jones’ e-mails to FBI headquarters says they are “setting this up for failure.” That turns out to be correct. [Time, 5/21/2002; Time, 5/27/2002; US Department of Justice, 11/2004, pp. 161 pdf file]
Entity Tags: World Trade Center, Zacarias Moussaoui, Harry Samit, Radical Fundamentalist Unit, FBI Headquarters, FBI Minnesota field office, Greg Jones, Coleen Rowley, Clinton administration
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
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August 29, 2001 and Shortly After: FBI Headquarters Rejects Plan to Place Undercover Officer in Moussaoui’s Cell
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After failing to obtain a warrant to search Zacarias Moussaoui’s belongings (see August 28, 2001), the FBI’s Minneapolis field office considers inserting an Arabic speaking undercover officer into Moussaoui’s cell “in an attempt to learn the name or description of the recognized foreign power with whom Moussaoui is aligned.” Minneapolis sees no problem with the idea and contacts the Radical Fundamentalist Unit (RFU) at FBI headquarters about it.
RFU chief Dave Frasca replies, “Let us look into this asap. Do NOT go forward with the [undercover officer] until we weigh in…” Frasca then discusses the idea with an expert at the FBI’s International Terrorism Operations Section, who says the proposal is “ridiculous” and should not be implemented. Frasca also tells Minneapolis the idea is problematic because in the event of criminal proceedings the undercover officer will not be in a position to testify.
The plan is abandoned and the FBI continues with preparations to deport Moussaoui (see (August 30-September 10, 2001)). [US Department of Justice, 11/2004, pp. 166-7 pdf file]
September 11, 2001: FBI Agents Obtain Warrant for Moussaoui Too Late
Two pages from Moussaoui’s notebooks mentioning Ahad Sabet (Ramzi bin al-Shibh’s alias), plus phone number and mention of his residence in Germany.Two pages from Moussaoui’s notebooks mentioning Ahad Sabet (Ramzi bin al-Shibh’s alias), plus phone number and mention of his residence in Germany. [Source: FBI]
Within an hour of the attacks of 9/11, the Minnesota FBI uses a memo written to FBI headquarters shortly after Moussaoui’s arrest to ask permission from a judge for the search warrant they have been desperately seeking.
After the WTC is hit for the first time, Mike Maltbie of the Radical Fundamentalist Unit (RFU) at FBI headquarters calls the Minneapolis field office and talks to Coleen Rowley. When Rowley says it is essential they get a warrant to search Moussaoui’s belongings, Maltbie instructs her to take no action, because it could have an impact on matters of which she is not aware. Rowley replies that it would have to be the “hugest coincidence” if Moussaoui were not related to the attack. She says that Maltbie replies that coincidence is the right word. Maltbie will later say he does not recall using the word “coincidence” in the conversation. Maltbie then consults an FBI attorney, who says Minneapolis should seek the warrant.
While Rowley is waiting for Maltbie to call back, one of her colleagues, Chris Briese, talks to RFU chief Dave Frasca. According to Briese, Frasca initially says there is not enough evidence for a criminal warrant, but when they find out the Pentagon has been hit Frasca consents.
Frasca says that he consents immediately. [Time, 5/21/2002; US Department of Justice, 11/2004, pp. 178-9 pdf file] Briese later tells Samit that Frasca also initially claims it was just “a coincidence.” [Minneapolis Star Tribune, 6/4/2006] A federal judge approves a criminal search warrant that afternoon. [New Yorker, 9/30/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] The Radical Fundamentalist Unit at FBI headquarters had previously blocked requests for criminal and intelligence search warrants (see August 21, 2001 and August 28, 2001).
Minnesota FBI Agent Coleen Rowley notes that this very memo was previously deemed insufficient by FBI headquarters to get a search warrant, and the fact that they are immediately granted one when finally allowed to ask shows “the missing piece of probable cause was only the [FBI headquarters’] failure to appreciate that such an event could occur.” [Time, 5/21/2002]
After the warrant is granted, the belongings are then rushed to an evidence response team, which discovers documents linking Moussaoui to eleven of the hijackers (see August 16, 2001).
Rowley later suggests that if they had received the search warrant sooner, “There is at least some chance that… may have limited the September 11th attacks and resulting loss of life.” [Time, 5/27/2002]
July 10, 2001:
FBI Agent Sends Memo Warning that Unusual Number of Muslim Extremists Are Learning to Fly in Arizona
FBI agent Ken Williams sends a memorandum warning about suspicious activities involving a group of Middle Eastern men taking flight training lessons in Arizona...The memo...focuses on Zakaria Soubra, a Lebanese flight student in Prescott, Arizona, and his connection with a terror group in Chechnya that has ties to al-Qaeda.
Names nine other suspect students from Pakistan, India, Kenya, Algeria, the United Arab Emirates, and Saudi Arabia...
Hijacker Hani Hanjour, attending flight school in Arizona in early 2001 and probably continuing into the summer of 2001...is not one of the students, but, as explained below, it seems two of the students know him.
Notes that he interviewed some of these students, and heard some of them make hostile comments about the US. Additionally, he noticed that they were suspiciously well informed about security measures at US airports. [Die Zeit (Hamburg), 10/1/2002]
Notes an increasing, “inordinate number of individuals of investigative interest” taking flight lessons in Arizona.
Suspects that some of the ten people he has investigated are connected to al-Qaeda. One person on the list, Ghassan al Sharbi, will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). Al Sharbi attended a flight school in Prescott, Arizona. He also apparently attended the training camps in Afghanistan and swore loyalty to bin Laden in the summer of 2001. He apparently knows Hani Hanjour in Arizona (see October 1996-Late April 1999). He also is the roommate of Soubra, the main target of the memo. [Los Angeles Times, 1/24/2003; 9/11 Commission, 7/24/2004, pp. 521]
Discovers that one of them was communicating through an intermediary with Abu Zubaida. This apparently is a reference to Hamed al Sulami, who had been telephoning a Saudi imam known to be Zubaida’s spiritual advisor. Al Sulami is an acquaintance of Hanjour in Arizona (see October 1996-Late April 1999). [Mercury News (San Jose), 5/23/2002; 9/11 Commission, 7/24/2004, pp. 520-521, 529]
Discusses connections between several of the students and a radical group called Al-Muhajiroun. [Mercury News (San Jose), 5/23/2002] This group supported bin Laden, and issued a fatwa, or call to arms, that included airports on a list of acceptable terror targets. [Associated Press, 5/22/2002] Soubra, the main focus of the memo, is a member of Al-Muhajiroun and an outspoken radical. He met with Sheikh Omar Bakri Mohammed, the leader of Al-Muhajiroun in Britain, and started an Arizona chapter of the organization. After 9/11, some US officials will suspect that Soubra has ties to al-Qaeda and other terrorist groups. He will be held two years, then deported to Lebanon in 2004. [Los Angeles Times, 10/28/2001; Los Angeles Times, 1/24/2003; Arizona Republic, 5/2/2004; Arizona Monthly, 11/2004] Though Williams doesn’t include it in his memo, in the summer of 1998, Bakri publicized a fax sent by bin Laden to him that listed al-Qaeda’s four objectives in fighting the US. The first objective was “bring down their airliners.” (see Summer 1998). [Los Angeles Times, 10/28/2001]
Warns of a possible “effort by Osama bin Laden to send students to the US to attend civil aviation universities and colleges” [Fortune, 5/22/2002] , so they can later hijack aircraft. [Die Zeit (Hamburg), 10/1/2002]
Recommends that the “FBI should accumulate a listing of civil aviation universities and colleges around the country. FBI field offices with these types of schools in their area should establish appropriate liaison. FBI [headquarters] should discuss this matter with other elements of the US intelligence community and task the community for any information that supports Phoenix’s suspicions.” [Arizona Republic, 7/24/2003] (The FBI has already done this, but because of poor FBI communications, Williams is not aware of the report.)
Recommends that the FBI ask the State Department to provide visa data on flight school students from Middle Eastern countries, which will facilitate FBI tracking efforts. [New York Times, 5/4/2002]
The memo is addressed to the following FBI Agents:
Dave Frasca, chief of the Radical Fundamentalist Unit (RFU) at FBI headquarters;
Elizabeth Harvey Matson, Mark Connor and Fred Stremmel, Intelligence Operations Specialists in the RFU;
Rod Middleton, acting chief of the Usama bin Laden Unit (UBLU);
Jennifer Maitner, an Intelligence Operations Specialist in the UBLU;
Jack Cloonan, an agent on the New York FBI’s bin Laden unit, the I-49 squad; (see January 1996 and Spring 2000).
Michael S. Butsch, an agent on another New York FBI squad dealing with other Sunni terrorists. [Federal Bureau of Investigation, 7/10/2001 pdf file; US Congress, 7/24/2003, pp. 135 pdf file]
However, the memo is not uploaded into the FBI’s information system until the end of the month and is apparently not received by all these people (see July 27, 2001 and after).
Williams also shares some concerns with the CIA (see (July 27, 2001)). [Mercury News (San Jose), 5/23/2002] One anonymous government official who has seen the memo says, “This was as actionable a memo as could have been written by anyone.” [Insight, 5/27/2002] However, the memo is merely marked “routine,” rather than “urgent.”
It is generally ignored, not shared with other FBI offices, and the recommendations are not taken. One colleague in New York replies at the time that the memo is “speculative and not very significant.” [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file] Williams is unaware of many FBI investigations and leads that could have given weight to his memo. Authorities later claim that Williams was only pursuing a hunch, but one familiar with classified information says, “This was not a vague hunch. He was doing a case on these guys.” [Mercury News (San Jose), 5/23/2002]
Coleen Rowley
Employee FBI Minnesota field office
Coleen Rowley was a participant or observer in the following events:
August 20-September 11, 2001: FBI’s Radical Fundamentalist Unit Unhelpful with Moussaoui Search Warrant
The FBI Minneapolis field office wishes to search Zacarias Moussaoui’s belongings, which will later be found to contain enough information to potentially stop 9/11 (see August 16, 2001).
To do so it must get the approval of the Radical Fundamentalist Unit (RFU) at FBI headquarters.
However, the RFU throws obstacles in the warrant request’s path:
RFU chief Dave Frasca stops the Minneapolis office from pursuing a criminal warrant (see August 21, 2001);
When French authorities say that Moussaoui is connected to the Chechen rebels, RFU agent Mike Maltbie insists that the FBI representative in Paris go through all telephone directories in France to see how many Zacarias Moussaouis live there (see August 22, 2001);
Maltbie stops Minneapolis from informing the Justice Department’s Criminal Division about the case (see August 22, 2001);
When RFU agent Rita Flack, who is working on the Moussaoui case, reads the Phoenix memo suggesting that bin Laden is sending pilots to the US for training, she apparently does not tell her colleagues about it, even though it was addressed to several of them, including Frasca (see July 10, 2001 and August 22, 2001);
The RFU does not provide the relevant documentation to attorneys consulted about the request. In particular, Flack does not tell them about the Phoenix Memo, even though one of the attorneys will later say she asked Flack if anyone is sending radical Islamists to the US to learn to fly (see August 22-28, 2001);
When Minneapolis learns Moussaoui apparently wants to go on jihad, Frasca is not concerned and says jihad does not necessarily mean holy war. However, a top Justice Department attorney will later say “he would have tied bells and whistles” to this comment in a request for a search warrant had he known this (see August 17, 2001 and August 29, 2001);
Maltbie tells the Minneapolis office that getting a warrant will “take a few months” (see August 24, 2001). He also tells Minneapolis, “We know what’s going on. You will not question us.” (see August 27, 2001);
Maltbie weakens the warrant request by editing it and removing a statement by a CIA officer that Chechen rebel leader Ibn Khattab was closely connected to Osama bin Laden, despite their being intelligence linking that leader to bin Laden (see August 28, 2001);
In a key meeting with an attorney about the request, Maltbie and Flack, who are submitting the warrant, are adamant that it is not sufficiently supported (see August 28, 2001);
Frasca opposes a plan to put an undercover officer in the jail cell with Moussaoui to find out more information about his connections to Islamic militants (August 29, 2001 and Shortly After);
The RFU does not want a Minneapolis agent to accompany Moussaoui when he is deported (see (August 30-September 10, 2001));
The RFU does not re-consider getting a criminal search warrant after a decision is taken not to seek a warrant under the Foreign Intelligence Surveillance Act (see After August 28, 2001);
Frasca and Maltbie are said to oppose a search warrant after 9/11 (see September 11, 2001).
It is unclear why the RFU opposes the warrant so strongly. The Justice Department’s Office of Inspector General will later criticize the RFU staff, but will conclude that they did not intentionally sabotage the warrant application. [US Department of Justice, 11/2004, pp. 101-222 pdf file]
A 2004 book by independent researcher Mike Ruppert will speculate that Frasca is actually a CIA agent. Ruppert suggests that the CIA placed Frasca in the FBI to prevent CIA operations from being compromised by FBI investigations. But he does not provide any direct evidence of ties between Frasca and the CIA (see October 1, 2004). The Minneapolis agents will offer a different interpretation of RFU actions. Coleen Rowley will say, “I feel that certain facts… have, up to now, been omitted, downplayed, glossed over and/or mischaracterized in an effort to avoid or minimize personal and/or institutional embarrassment on the part of the FBI and/or perhaps even for improper political reasons.”
She asks, “Why would an FBI agent deliberately sabotage a case? The superiors acted so strangely that some agents in the Minneapolis office openly joked that these higher-ups ‘had to be spies or moles… working for Osama bin Laden.’… Our best real guess, however, is that, in most cases avoidance of all ‘unnecessary’ actions/decisions by FBI [headquarters] managers… has, in recent years, been seen as the safest FBI career course. Numerous high-ranking FBI officials who have made decisions or have taken actions which, in hindsight, turned out to be mistaken or just turned out badly… have seen their careers plummet and end.
This has in turn resulted in a climate of fear which has chilled aggressive FBI law enforcement action/decisions.” [Time, 5/21/2002] Minneapolis FBI agent Harry Samit will agree with explanation, telling the Justice Department’s Office of Inspector General that the RFU is guilty of “obstructionism, criminal negligence, and careerism.” [Associated Press, 3/20/2006] Samit will also say that Maltbie even told him he was acting this way to “preserve the existence of his advancement potential” in the FBI. [Newsday, 3/21/2006]
August 21, 2001: FBI Headquarters Blocks Criminal Investigation into Moussaoui
Dave Frasca of the FBI’s Radical Fundamentalist Unit (RFU) denies a request from the Minneapolis FBI field office to seek a criminal warrant to search the belongings of Zacarias Moussaoui, who was arrested on August 15 as part of an intelligence investigation (see August 16, 2001 and August 16, 2001). Minneapolis agents believe they had uncovered sufficient evidence that Moussaoui is involved in a criminal conspiracy, and want to obtain a criminal search warrant instead of a warrant under the Foreign Intelligence Surveillance Act (FISA).
But because they originally opened an intelligence investigation, they cannot go directly to the local US attorney’s office for the warrant. In order to begin a parallel criminal investigation, they must first obtain permission from the Office of Intelligence Policy and Review (OIPR) so they can pass the information over the “wall.” [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] Harry Samit, a Minneapolis FBI agent on the Moussaoui case, calls Dave Frasca, the head of the Radical Fundamentalist Unit (RFU) at FBI headquarters, to discuss the request. Samit tells Frasca that they have already completed the paperwork for a criminal investigation, but, according to Samit, Frasca says, “You will not open it, you will not open a criminal case.” Frasca says that argument for probable cause in seeking a criminal warrant is “shaky” and notes that if they fail to obtain a criminal warrant, they will be unable to obtain a warrant under FISA. Samit, who has only been with the FBI since 1999, defers to his superior, and writes on the paperwork, “Not opened per instructions of Dave Frasca.” Samit then tells his Chief Division Counsel, Coleen Rowley, about the conversation, and she also advises him that it would be better to apply for a warrant under FISA. When the Justice Department’s Office of Inspector General (OIG) interviews Frasca after 9/11, he will claim he never spoke to Samit about this matter, and that the conversation was with Chris Briese, one of Samit’s superiors. However, Briese will deny this and the OIG will conclude that the conversation was between Samit and Frasca. [US Department of Justice, 11/2004, pp. 128-132 pdf file; US Department of Justice, 3/1/2006 pdf file] To get a FISA search warrant for Moussaoui’s belongings the FBI must now show there is probable cause to believe Moussaoui is an agent of a foreign power. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] A criminal warrant to search Moussaoui’s belongings will be granted only after the 9/11 attacks (see September 11, 2001).
Entity Tags: David Frasca, Coleen Rowley, Harry Samit, FBI Headquarters, Zacarias Moussaoui, Radical Fundamentalist Unit, FBI Minnesota field office
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
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August 23-27, 2001: Minnesota FBI Agents ‘Absolutely Convinced’ Moussaoui Plans to Hijack Plane; They Are Undermined by FBI Headquarters
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Zacarias Moussaoui’™s laptop, not opened until after 9/11.Zacarias Moussaoui’™s laptop, not opened until after 9/11. [Source: FBI]In the wake of the French intelligence report (see August 22, 2001) on Zacarias Moussaoui, FBI agents in Minneapolis, Minnesota, are “in a frenzy” and “absolutely convinced he [is] planning to do something with a plane.” Agent Greg Jones tells FBI headquarters that Moussaoui might “fly something into the World Trade Center.” [Newsweek, 5/20/2002; US Department of Justice, 11/2004, pp. 153 pdf file] Minneapolis FBI agents become “desperate to search the computer lap top” and “conduct a more thorough search of his personal effects,” especially since Moussaoui acted as if he was hiding something important in the laptop when arrested. [Time, 5/21/2002; Time, 5/27/2002] As the Radical Fundamentalist Unit (RFU) at FBI headquarters has already blocked an application for a criminal warrant (see August 21, 2001), the FBI’s Minneapolis field office must apply for one under the Foreign Intelligence Surveillance Act (FISA). Minneapolis agent Harry Samit completes an application for a warrant to search Moussaoui’s belongings on August 25. To obtain the warrant, he has to show there is probable cause to believe Moussaoui is an agent of a foreign power. The memo states that Moussaoui recruited a fighter for a particular Chechen rebel group connected to al-Qaeda, so he is connected to al-Qaeda through the Chechens. However, the RFU at FBI headquarters believes that the Chechen rebels should not be described as a foreign power and that the link between the Chechens and bin Laden is not strong enough. [US Department of Justice, 11/2004, pp. 128-132 pdf file; US Department of Justice, 3/1/2006 pdf file]
However, earlier in 2001 the FBI had received information indicating that this Chechen group and bin Laden were planning to attack US interests (see Before April 13, 2001). Minneapolis FBI agent Coleen Rowley later sums up how the Minneapolis agents feel at this point, when she says FBI headquarters “almost inexplicably, throw up roadblocks” and undermine their efforts. Headquarters personnel bring up “almost ridiculous questions in their apparent efforts to undermine the probable cause.” One of Jones’ e-mails to FBI headquarters says they are “setting this up for failure.” That turns out to be correct. [Time, 5/21/2002; Time, 5/27/2002; US Department of Justice, 11/2004, pp. 161 pdf file]
Entity Tags: World Trade Center, Zacarias Moussaoui, Harry Samit, Radical Fundamentalist Unit, FBI Headquarters, FBI Minnesota field office, Greg Jones, Coleen Rowley, Clinton administration
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
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August 29, 2001 and Shortly After: FBI Headquarters Rejects Plan to Place Undercover Officer in Moussaoui’s Cell
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After failing to obtain a warrant to search Zacarias Moussaoui’s belongings (see August 28, 2001), the FBI’s Minneapolis field office considers inserting an Arabic speaking undercover officer into Moussaoui’s cell “in an attempt to learn the name or description of the recognized foreign power with whom Moussaoui is aligned.” Minneapolis sees no problem with the idea and contacts the Radical Fundamentalist Unit (RFU) at FBI headquarters about it.
RFU chief Dave Frasca replies, “Let us look into this asap. Do NOT go forward with the [undercover officer] until we weigh in…” Frasca then discusses the idea with an expert at the FBI’s International Terrorism Operations Section, who says the proposal is “ridiculous” and should not be implemented. Frasca also tells Minneapolis the idea is problematic because in the event of criminal proceedings the undercover officer will not be in a position to testify.
The plan is abandoned and the FBI continues with preparations to deport Moussaoui (see (August 30-September 10, 2001)). [US Department of Justice, 11/2004, pp. 166-7 pdf file]
September 11, 2001: FBI Agents Obtain Warrant for Moussaoui Too Late
Two pages from Moussaoui’s notebooks mentioning Ahad Sabet (Ramzi bin al-Shibh’s alias), plus phone number and mention of his residence in Germany.Two pages from Moussaoui’s notebooks mentioning Ahad Sabet (Ramzi bin al-Shibh’s alias), plus phone number and mention of his residence in Germany. [Source: FBI]
Within an hour of the attacks of 9/11, the Minnesota FBI uses a memo written to FBI headquarters shortly after Moussaoui’s arrest to ask permission from a judge for the search warrant they have been desperately seeking.
After the WTC is hit for the first time, Mike Maltbie of the Radical Fundamentalist Unit (RFU) at FBI headquarters calls the Minneapolis field office and talks to Coleen Rowley. When Rowley says it is essential they get a warrant to search Moussaoui’s belongings, Maltbie instructs her to take no action, because it could have an impact on matters of which she is not aware. Rowley replies that it would have to be the “hugest coincidence” if Moussaoui were not related to the attack. She says that Maltbie replies that coincidence is the right word. Maltbie will later say he does not recall using the word “coincidence” in the conversation. Maltbie then consults an FBI attorney, who says Minneapolis should seek the warrant.
While Rowley is waiting for Maltbie to call back, one of her colleagues, Chris Briese, talks to RFU chief Dave Frasca. According to Briese, Frasca initially says there is not enough evidence for a criminal warrant, but when they find out the Pentagon has been hit Frasca consents.
Frasca says that he consents immediately. [Time, 5/21/2002; US Department of Justice, 11/2004, pp. 178-9 pdf file] Briese later tells Samit that Frasca also initially claims it was just “a coincidence.” [Minneapolis Star Tribune, 6/4/2006] A federal judge approves a criminal search warrant that afternoon. [New Yorker, 9/30/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 3/9/2006] The Radical Fundamentalist Unit at FBI headquarters had previously blocked requests for criminal and intelligence search warrants (see August 21, 2001 and August 28, 2001).
Minnesota FBI Agent Coleen Rowley notes that this very memo was previously deemed insufficient by FBI headquarters to get a search warrant, and the fact that they are immediately granted one when finally allowed to ask shows “the missing piece of probable cause was only the [FBI headquarters’] failure to appreciate that such an event could occur.” [Time, 5/21/2002]
After the warrant is granted, the belongings are then rushed to an evidence response team, which discovers documents linking Moussaoui to eleven of the hijackers (see August 16, 2001).
Rowley later suggests that if they had received the search warrant sooner, “There is at least some chance that… may have limited the September 11th attacks and resulting loss of life.” [Time, 5/27/2002]
Labels: 9-11 warnings, FBI, FBI agent Colleen Rowley, FBI agent Ken Williams
# posted by Maura Larkins @ 10:26 PM 
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