THE SYSTEM
WAS BLINKING RED
8.1 THE SUMMER OF THREAT
As 2001 began,
counterterrorism officials were receiving frequent but fragmen- tary
reports about threats. Indeed, there appeared to be possible threats
almost everywhere the United States had interests-including at home.
To understand how the escalation in threat reporting was handled in the
summer of 2001, it is useful to understand how threat information in
general is collected and conveyed. Information is collected through
several methods, including signals intelligence and interviews of human
sources, and gathered into intelligence reports. Depending on the source
and nature of the report- ing, these reports may be highly
classified-and therefore tightly held-or less sensitive and widely
disseminated to state and local law enforcement agencies. Threat
reporting must be disseminated, either through individual reports or
through threat advisories. Such advisories, intended to alert their
recipients, may address a specific threat or be a general warning.
Because the amount of reporting is so voluminous, only a select fraction
can be chosen for briefing the president and senior officials. During
2001, Direc- tor of Central Intelligence GeorgeTenet was briefed
regularly regarding threats and other operational information relating
to Usama Bin Ladin.1 He in turn met daily with President Bush, who was
briefed by the CIA through what is known as the President's Daily Brief
(PDB). Each PDB consists of a series of six to eight relatively short
articles or briefs covering a broad array of topics; CIA staff decides
which subjects are the most important on any given day. There were more
than 40 intelligence articles in the PDBs from January 20 to September
10, 2001, that related to Bin Ladin. The PDB is considered
highly sensitive and is distributed to only a handful of high-level
officials.2
The Senior Executive Intelligence Brief (SEIB), distributed to a broader
group of officials, has a similar format and generally covers the same
subjects as the PDB. It usually contains less information so as to
protect sources and
254
"THE SYSTEM WAS BLINKING
RED" 255
methods. Like their
predecessors, the Attorney General, the FBI Director, and Richard
Clarke, the National Security Council (NSC) counterterrorism coor-
dinator, all received the SEIB, not the PDB.3 Clarke and his staff had
extensive access to terrorism reporting, but they did not have access to
internal, nondis- seminated information at the National Security Agency
(NSA), CIA, or FBI.
The Drumbeat Begins
In the spring of 2001, the level of reporting on terrorist threats and
planned attacks increased dramatically to its highest level since the
millennium alert.At the end of March, the intelligence community
disseminated a terrorist threat advisory, indicating a heightened threat
of Sunni extremist terrorist attacks
against U.S. facilities, personnel, and other interests.4
On March 23, in connection with discussions about possibly reopening
Pennsylvania Avenue in front of the White House, Clarke warned National
Security Advisor Condoleezza Rice that domestic or foreign terrorists
might use a truck bomb-their "weapon of choice"-on Pennsylvania
Avenue.That would result, he said, in the destruction of the West Wing
and parts of the res- idence.5 He also told her that he thought there
were terrorist cells within the United States, including al Qaeda.
The next week, Rice was briefed on the activities of Abu Zubaydah and on
CIA efforts to locate him.As pointed out in chapter 6,Abu Zubaydah had
been a major figure in the millennium plots.Over the next few weeks,the
CIA repeat- edly issued warnings-including calls from DCI Tenet to
Clarke-that Abu Zubaydah was planning an operation in the near
future.One report cited a source indicating that Abu Zubaydah was
planning an attack in a country that CIA ana- lysts thought might be
Israel, or perhaps Saudi Arabia or India. Clarke relayed
these reports to Rice.6
In response to these threats, the FBI sent a message to all its field
offices on April 13, summarizing reporting to date. It asked the offices
to task all resources, including human sources and electronic databases,
for any informa- tion pertaining to "current operational activities
relating to Sunni extremism."
It did not suggest that there was a domestic threat.7
The interagency Counterterrorism Security Group (CSG) that Clarke
chaired discussed the Abu Zubaydah reports on April 19.The next day, a
brief- ing to top officials reported "Bin Ladin planning multiple
operations." When the deputies discussed al Qaeda policy on April 30,
they began with a briefing
on the threat.8
In May 2001, the drumbeat of reporting grew louder with reports to top
officials that "Bin Ladin public profile may presage attack" and "Bin
Ladin net- work's plans advancing." In early May, a walk-in to the FBI
claimed there was a plan to launch attacks on London, Boston, and
NewYork.Attorney General John Ashcroft was briefed by the CIA on May 15
regarding al Qaeda gener- ally and the current threat reporting
specifically. The next day brought a report
256 THE 9/11 COMMISSION
REPORT
that a phone call to a
U.S. embassy had warned that Bin Ladin supporters were planning an
attack in the United States using "high explosives." On May 17, based on
the previous day's report, the first item on the CSG's agenda was "UBL:
Operation Planned in U.S."9 The anonymous caller's tip could not be
corroborated.
Late May brought reports of a possible hostage plot against Americans
abroad to force the release of prisoners, including Sheikh Omar Abdel
Rahman, the "Blind Sheikh," who was serving a life sentence for his role
in the 1993 plot to blow up sites in NewYork City. The reporting noted
that operatives might opt to hijack an aircraft or storm a U.S. embassy.
This report led to a Federal Avia- tion Administration (FAA) information
circular to airlines noting the potential for "an airline hijacking to
free terrorists incarcerated in the United States." Other reporting
mentioned that Abu Zubaydah was planning an attack, possi- bly against
Israel, and expected to carry out several more if things went well. On
May 24 alone,counterterrorism officials grappled with reports alleging
plots inYemen and Italy, as well as a report about a cell in Canada that
an anonymous
caller had claimed might be planning an attack against the United
States.10
Reports similar to many of these were made available to President Bush
in morning intelligence briefings with DCI Tenet, usually attended by
Vice Pres- ident Dick Cheney and National Security Advisor Rice.While
these briefings discussed general threats to attack America and American
interests, the specific threats mentioned in these briefings were all
overseas.
On May 29, Clarke suggested that Rice ask DCI Tenet what more the United
States could do to stop Abu Zubaydah from launching "a series of major
terrorist attacks," probably on Israeli targets, but possibly on U.S.
facilities. Clarke wrote to Rice and her deputy, Stephen Hadley, "When
these attacks occur, as they likely will, we will wonder what more we
could have done to stop them." In May, CIA Counterterrorist Center (CTC)
Chief Cofer Black told Rice that the current threat level was a 7 on a
scale of 1 to 10, as com-
pared to an 8 during the millennium.11
High Probability of
Near-Term "Spectacular" Attacks
Threat reports surged in June and July, reaching an even higher peak of
urgency. The summer threats seemed to be focused on Saudi Arabia,
Israel, Bahrain, Kuwait, Yemen, and possibly Rome, but the danger could
be anywhere- including a possible attack on the G-8 summit in Genoa.A
June 12 CIA report passing along biographical background information on
several terrorists men- tioned, in commenting on Khalid Sheikh Mohammed,
that he was recruiting people to travel to the United States to meet
with colleagues already there so that they might conduct terrorist
attacks on Bin Ladin's behalf. On June 22, the CIA notified all its
station chiefs about intelligence suggesting a possible al Qaeda suicide
attack on a U.S. target over the next few days. DCITenet asked
that all U.S. ambassadors be briefed.12
"THE SYSTEM WAS BLINKING
RED" 257
That same day, the State
Department notified all embassies of the terrorist threat and updated
its worldwide public warning. In June, the State Depart- ment initiated
theVisa Express program in Saudi Arabia as a security measure, in order
to keep long lines of foreigners away from vulnerable embassy spaces.
The program permitted visa applications to be made through travel
agencies,
instead of directly at the embassy or consulate.13
A terrorist threat advisory distributed in late June indicated a high
proba- bility of near-term "spectacular" terrorist attacks resulting in
numerous casu- alties. Other reports' titles warned,"Bin Ladin Attacks
May be Imminent" and "Bin Ladin and Associates Making Near-Term
Threats." The latter reported multiple attacks planned over the coming
days, including a "severe blow"
against U.S. and Israeli "interests" during the next two weeks.14
On June 21, near the height of the threat reporting, U.S. Central
Command raised the force protection condition level for U.S. troops in
six countries to the highest possible level, Delta.The U.S. Fifth Fleet
moved out of its port in Bahrain, and a U.S. Marine Corps exercise in
Jordan was halted. U.S. embassies in the Persian Gulf conducted an
emergency security review, and the embassy inYemen was closed.The CSG
had foreign emergency response teams, known as FESTs, ready to move on
four hours' notice and kept up the terrorism alert
posture on a "rolling 24 hour basis."15
On June 25, Clarke warned Rice and Hadley that six separate intelligence
reports showed al Qaeda personnel warning of a pending attack.An Arabic
tel- evision station reported Bin Ladin's pleasure with al Qaeda leaders
who were saying that the next weeks "will witness important surprises"
and that U.S. and Israeli interests will be targeted.Al Qaeda also
released a new recruitment and fund-raising tape. Clarke wrote that this
was all too sophisticated to be merely a psychological operation to keep
the United States on edge, and the CIA agreed.The intelligence reporting
consistently described the upcoming attacks as occurring on a calamitous
level, indicating that they would cause the world to be in turmoil and
that they would consist of possible multiple-but not nec-
essarily simultaneous-attacks.16
On June 28, Clarke wrote Rice that the pattern of al Qaeda activity
indi- cating attack planning over the past six weeks "had reached a
crescendo." "A series of new reports continue to convince me and
analysts at State, CIA, DIA [Defense Intelligence Agency], and NSA that
a major terrorist attack or series of attacks is likely in July," he
noted. One al Qaeda intelligence report warned that something "very,
very, very, very" big was about to happen, and most of Bin Ladin's
network was reportedly anticipating the attack. In late June, the CIA
ordered all its station chiefs to share information on al Qaeda with
their
host governments and to push for immediate disruptions of cells.17
The headline of a June 30 briefing to top officials was stark:"Bin Ladin
Plan- ning High-Profile Attacks." The report stated that Bin Ladin
operatives expected near-term attacks to have dramatic consequences of
catastrophic pro-
258 THE 9/11 COMMISSION
REPORT
portions.That same day,
Saudi Arabia declared its highest level of terror alert. Despite
evidence of delays possibly caused by heightened U.S. security, the
planning for attacks was continuing.18
On July 2, the FBI Counterterrorism Division sent a message to federal
agencies and state and local law enforcement agencies summarizing
informa- tion regarding threats from Bin Ladin. It warned that there was
an increased volume of threat reporting, indicating a potential for
attacks against U.S. tar- gets abroad from groups "aligned with or
sympathetic to Usama Bin Ladin." Despite the general warnings, the
message further stated, "The FBI has no information indicating a
credible threat of terrorist attack in the United States." However, it
went on to emphasize that the possibility of attack in the United States
could not be discounted. It also noted that the July 4 holiday might
heighten the threats.The report asked recipients to "exercise extreme
vigilance" and "report suspicious activities" to the FBI. It did not
suggest specific actions
that they should take to prevent attacks.19
Disruption operations against al Qaeda-affiliated cells were launched
involving 20 countries. Several terrorist operatives were detained by
foreign governments, possibly disrupting operations in the Gulf and
Italy and perhaps averting attacks against two or three U.S. embassies.
Clarke and others told us of a particular concern about possible attacks
on the Fourth of July. After it
passed uneventfully, the CSG decided to maintain the alert.20
To enlist more international help,Vice President Cheney contacted Saudi
Crown Prince Abdullah on July 5. Hadley apparently called European coun-
terparts, while Clarke worked with senior officials in the Gulf. In late
July, because of threats, Italy closed the airspace over Genoa and
mounted antiair- craft batteries at the Genoa airport during the G-8
summit, which President
Bush attended.21
At home, the CSG arranged for the CIA to brief intelligence and security
officials from several domestic agencies. On July 5, representatives
from the Immigration and Naturalization Service (INS), the FAA, the
Coast Guard, the Secret Service, Customs, the CIA, and the FBI met with
Clarke to discuss the current threat. Attendees report that they were
told not to disseminate the threat information they received at the
meeting.They interpreted this direc- tion to mean that although they
could brief their superiors, they could not send out advisories to the
field.An NSC official recalls a somewhat different empha- sis, saying
that attendees were asked to take the information back to their home
agencies and "do what you can" with it, subject to classification and
distribu- tion restrictions. A representative from the INS asked for a
summary of the information that she could share with field offices. She
never received one.22
That same day, the CIA briefed Attorney General Ashcroft on the al Qaeda
threat, warning that a significant terrorist attack was imminent.
Ashcroft was told that preparations for multiple attacks were in late
stages or already com-
"THE SYSTEM WAS BLINKING
RED" 259
plete and that little
additional warning could be expected. The briefing
addressed only threats outside the United States.23
The next day, the CIA representative told the CSG that al Qaeda members
believed the upcoming attack would be "spectacular," qualitatively
different
from anything they had done to date.24
Apparently as a result of the July 5 meeting with Clarke, the
interagency committee on federal building security was tasked to examine
security meas- ures. This committee met on July 9, when 37 officials
from 27 agencies and organizations were briefed on the "current threat
level" in the United States. They were told that not only the threat
reports from abroad but also the recent convictions in the East Africa
bombings trial, the conviction of Ahmed Ressam, and the just-returned
Khobar Towers indictments reinforced the need to "exercise extreme
vigilance." Attendees were expected to determine
whether their respective agencies needed enhanced security measures.25
On July 18, 2001, the State Department provided a warning to the public
regarding possible terrorist attacks in the Arabian Peninsula.26
Acting FBI DirectorThomas Pickard told us he had one of his periodic
con- ference calls with all special agents in charge on July 19. He said
one of the items he mentioned was the need, in light of increased threat
reporting, to have evidence response teams ready to move at a moment's
notice, in case of an attack.27 He did not task field offices to try to
determine whether any plots were being considered within the United
States or to take any action to dis- rupt any such plots.
In mid-July, reporting started to indicate that Bin Ladin's plans had
been delayed, maybe for as long as two months, but not abandoned. On
July 23, the lead item for CSG discussion was still the al Qaeda threat,
and it included men-
tion of suspected terrorist travel to the United States.28
On July 31, an FAA circular appeared alerting the aviation community to
"reports of possible near-term terrorist operations . . . particularly
on the Ara- bian Peninsula and/or Israel." It stated that the FAA had no
credible evidence of specific plans to attack U.S. civil aviation,
though it noted that some of the "currently active" terrorist groups
were known to "plan and train for hijack- ings" and were able to build
and conceal sophisticated explosive devices in lug-
gage and consumer products.29
Tenet told us that in his world "the system was blinking red." By late
July, Tenet said, it could not "get any worse."30 Not everyone was
convinced. Some asked whether all these threats might just be deception.
On June 30, the SEIB contained an article titled "Bin Ladin Threats Are
Real." Yet Hadley told Tenet in July that Deputy Secretary of Defense
PaulWolfowitz questioned the report- ing. Perhaps Bin Ladin was trying
to study U.S. reactions.Tenet replied that he had already addressed the
Defense Department's questions on this point; the reporting was
convincing.To give a sense of his anxiety at the time, one senior
260 THE 9/11 COMMISSION
REPORT
official in the
Counterterrorist Center told us that he and a colleague were con-
sidering resigning in order to go public with their concerns.31
The Calm Before the Storm
On July 27, Clarke informed Rice and Hadley that the spike in
intelligence about a near-term al Qaeda attack had stopped. He urged
keeping readiness high during the August vacation period, warning that
another report suggested an attack had just been postponed for a few
months "but will still happen."32
On August 1, the FBI issued an advisory that in light of the increased
vol- ume of threat reporting and the upcoming anniversary of the East
Africa embassy bombings, increased attention should be paid to security
planning. It noted that although most of the reporting indicated a
potential for attacks on U.S. interests abroad, the possibility of an
attack in the United States could not
be discounted.33
On August 3, the intelligence community issued an advisory concluding
that the threat of impending al Qaeda attacks would likely continue
indefi- nitely. Citing threats in the Arabian Peninsula, Jordan, Israel,
and Europe, the advisory suggested that al Qaeda was lying in wait and
searching for gaps in
security before moving forward with the planned attacks.34
During the spring and summer of 2001, President Bush had on several
occa- sions asked his briefers whether any of the threats pointed to the
United States. Reflecting on these questions, the CIA decided to write a
briefing article sum- marizing its understanding of this danger.Two CIA
analysts involved in prepar- ing this briefing article believed it
represented an opportunity to communicate their view that the threat of
a Bin Ladin attack in the United States remained both current and
serious.35 The result was an article in the August 6 Presiden- tial
Daily Brief titled "Bin Ladin Determined to Strike in US." It was the
36th PDB item briefed so far that year that related to Bin Ladin or al
Qaeda, and the first devoted to the possibility of an attack in the
United States.
The President told us the August 6 report was historical in nature.
President Bush said the article told him that al Qaeda was dangerous,
which he said he had known since he had become President. The President
said Bin Ladin had long been talking about his desire to attack America.
He recalled some oper- ational data on the FBI, and remembered thinking
it was heartening that 70 investigations were under way.As best he could
recollect, Rice had mentioned that the Yemenis' surveillance of a
federal building in New York had been looked into in May and June, but
there was no actionable intelligence.
He did not recall discussing the August 6 report with the Attorney
General or whether Rice had done so. He said that if his advisers had
told him there was a cell in the United States, they would have moved to
take care of it. That
never happened.36
Although the following day's SEIB repeated the title of this PDB, it did
not contain the reference to hijackings, the alert in New York, the
alleged casing
"THE SYSTEM WAS BLINKING
RED" 261
The following is the text
of an item from the Presidential Daily Brief received by President
George W. Bush on August 6, 2001.37 Redacted material is indicated by
brackets.
Bin Ladin Determined To
Strike in US
Clandestine, foreign
government, and media reports indicate Bin Ladin since 1997 has wanted
to conduct terrorist attacks in the US. Bin Ladin implied in US
television interviews in 1997 and 1998 that his followers would follow
the example of WorldTrade Center bomber RamziYousef
and "bring the fighting to America."
After US missile strikes
on his base in Afghanistan in 1998, Bin Ladin told followers he wanted
to retaliate in Washington, accord- ing to a [-] service.
An Egyptian Islamic Jihad (EIJ) operative told an [-] service at the
same time that Bin Ladin was planning to exploit the oper- ative's
access to the US to mount a terrorist strike.
The millennium plotting
in Canada in 1999 may have been part of Bin Ladin's first serious
attempt to implement a terrorist strike in the US. Convicted plotter
Ahmed Ressam has told the FBI that he conceived the idea to attack Los
Angeles International Airport himself, but that Bin Ladin lieutenant Abu
Zubaydah encouraged him and helped facilitate the operation. Ressam also
said that in 1998 Abu Zubaydah was plan- ning his own US attack.
Ressam says Bin Ladin was
aware of the Los Angeles operation.
Although Bin Ladin has
not succeeded, his attacks against the US Embassies in Kenya and
Tanzania in 1998 demonstrate that he prepares operations years in
advance and is not deterred by setbacks. Bin Ladin associates surveilled
our Embassies in Nairobi and Dar es Salaam as early as 1993, and some
members of the Nairobi cell planning the bombings were arrested and
deported in 1997.
Al-Qa'ida
members-including some who are US citizens-have resided in or traveled
to the US for years, and the group apparently maintains a support
structure that could aid attacks. Two al-Qua' da members found
262 THE 9/11 COMMISSION
REPORT
guilty in the conspiracy
to bomb our embassies in East Africa were US citizens, and a senior EIJ
member lived in California in the mid-1990s.
A clandestine source said
in 1998 that a Bin Ladin cell in NewYork was recruiting Muslim-American
youth for attacks.
We have not been able to
corroborate some of the more sensational threat reporting, such as that
from a [-] service in 1998 saying that Bin Ladin wanted to hijack a US
aircraft to gain the release of "Blind Shaykh" 'Umar 'Abd al-Rahman and
other US-held extremists.
Nevertheless, FBI
information since that time indicates patterns of suspicious activity in
this country consistent with preparations for hijackings or other types
of attacks, including recent surveillance of federal buildings in
NewYork.
The FBI is conducting approximately 70 full field investigations
throughout the US that it considers Bin Ladin-related. CIA and the FBI
are investigating a call to our Embassy in the UAE in May saying that a
group of Bin Ladin supporters was in the US plan- ning attacks with
explosives.
of buildings in NewYork,
the threat phoned in to the embassy, or the fact that the FBI had
approximately 70 ongoing bin Ladin-related investigations.38 No CSG or
other NSC meeting was held to discuss the possible threat of a strike in
the United States as a result of this report.
Late in the month, a foreign service reported that Abu Zubaydah was con-
sidering mounting terrorist attacks in the United States, after
postponing pos- sible operations in Europe. No targets, timing, or
method of attack were
provided.39
We have found no indication of any further discussion before September
11 among the President and his top advisers of the possibility of a
threat of an al Qaeda attack in the United States. DCI Tenet visited
President Bush in Crawford,Texas, on August 17 and participated in PDB
briefings of the Pres- ident between August 31 (after the President had
returned to Washington) and September 10. But Tenet does not recall any
discussions with the President of
the domestic threat during this period.40
Most of the intelligence community recognized in the summer of 2001 that
the number and severity of threat reports were unprecedented. Many
officials told us that they knew something terrible was planned, and
they were desper- ate to stop it. Despite their large number, the
threats received contained few
"THE SYSTEM WAS BLINKING
RED" 263
specifics regarding time,
place, method, or target. Most suggested that attacks were planned
against targets overseas; others indicated threats against unspeci- fied
"U.S. interests." We cannot say for certain whether these reports, as
dra- matic as they were, related to the 9/11 attacks.
Government Response to
the Threats
National Security Advisor Rice told us that the CSG was the "nerve
center" for running the crisis, although other senior officials were
involved over the course of the summer. In addition to his daily
meetings with President Bush, and weekly meetings to go over other
issues with Rice,Tenet was speaking reg- ularly with Secretary of State
Colin Powell and Secretary of Defense Donald Rumsfeld. The foreign
policy principals routinely talked on the telephone
every day on a variety of topics.41
Hadley told us that before 9/11, he and Rice did not feel they had the
job of coordinating domestic agencies. They felt that Clarke and the CSG
(part of
the NSC) were the NSC's bridge between foreign and domestic threats.42
There was a clear disparity in the levels of response to foreign versus
domes- tic threats. Numerous actions were taken overseas to disrupt
possible attacks- enlisting foreign partners to upset terrorist plans,
closing embassies, moving military assets out of the way of possible
harm. Far less was done domestically- in part, surely, because to the
extent that specifics did exist, they pertained to threats overseas.As
noted earlier, a threat against the embassy inYemen quickly resulted in
its closing. Possible domestic threats were more vague.When reports did
not specify where the attacks were to take place, officials presumed
that they would again be overseas, though they did not rule out a target
in the United
States. Each of the FBI threat advisories made this point.43
Clarke mentioned to National Security Advisor Rice at least twice that
al Qaeda sleeper cells were likely in the United States. In January
2001, Clarke forwarded a strategy paper to Rice warning that al Qaeda
had a presence in the United States. He noted that two key al Qaeda
members in the Jordanian cell involved in the millennium plot were
naturalized U.S. citizens and that one jihadist suspected in the East
Africa bombings had "informed the FBI that an extensive network of al
Qida 'sleeper agents' currently exists in the US." He added that
Ressam's abortive December 1999 attack revealed al Qaeda sup- porters in
the United States.44 His analysis, however, was based not on new threat
reporting but on past experience.
The September 11 attacks fell into the void between the foreign and
domes- tic threats. The foreign intelligence agencies were watching
overseas, alert to foreign threats to U.S. interests there.The domestic
agencies were waiting for evidence of a domestic threat from sleeper
cells within the United States. No one was looking for a foreign threat
to domestic targets. The threat that was coming was not from sleeper
cells. It was foreign-but from foreigners who had infiltrated into the
United States.
264 THE 9/11 COMMISSION
REPORT
A second cause of this
disparity in response is that domestic agencies did not know what to do,
and no one gave them direction. Cressey told us that the CSG did not
tell the agencies how to respond to the threats. He noted that the
agencies that were operating overseas did not need direction on how to
respond; they had experience with such threats and had a "playbook." In
con- trast, the domestic agencies did not have a game plan. Neither the
NSC (includ-
ing the CSG) nor anyone else instructed them to create one.45
This lack of direction was evident in the July 5 meeting with
representa- tives from the domestic agencies.The briefing focused on
overseas threats.The domestic agencies were not questioned about how
they planned to address the threat and were not told what was expected
of them. Indeed, as noted earlier, they were specifically told they
could not issue advisories based on the brief- ing.46 The domestic
agencies' limited response indicates that they did not per- ceive a call
to action.
Clarke reflected a different perspective in an email to Rice on
September 15, 2001. He summarized the steps taken by the CSG to alert
domestic agen- cies to the possibility of an attack in the United
States. Clarke concluded that domestic agencies, including the FAA, knew
that the CSG believed a major al Qaeda attack was coming and could be in
the United States.
Although the FAA had authority to issue security directives mandating
new security procedures, none of the few that were released during the
summer of 2001 increased security at checkpoints or on board
aircraft.The information circulars mostly urged air carriers to
"exercise prudence" and be alert. Prior to 9/11, the FAA did present a
CD-ROM to air carriers and airport authorities describing the increased
threat to civil aviation. The presentation mentioned the possibility of
suicide hijackings but said that "fortunately, we have no indi- cation
that any group is currently thinking in that direction."47 The FAA con-
ducted 27 special security briefings for specific air carriers between
May 1, 2001, and September 11, 2001.Two of these briefings discussed the
hijacking threat overseas. None discussed the possibility of suicide
hijackings or the use
of aircraft as weapons. No new security measures were instituted.48
Rice told us she understood that the FBI had tasked its 56 U.S. field
offices to increase surveillance of suspected terrorists and to reach
out to informants who might have information about terrorist plots.An
NSC staff document at the time describes such a tasking as having
occurred in late June but does not indicate whether it was generated by
the NSC or the FBI. Other than the pre- viously described April 13
communication sent to all FBI field offices, how- ever, the FBI could
not find any record of having received such a directive.The April 13
document asking field offices to gather information on Sunni extremism
did not mention any possible threat within the United States and did not
order surveillance of suspected operatives. The NSC did not specify what
the FBI's directives should contain and did not review what had been
issued earlier.49
"THE SYSTEM WAS BLINKING
RED" 265
Acting FBI Director
Pickard told us that in addition to his July 19 confer- ence call, he
mentioned the heightened terrorist threat in individual calls with the
special agents in charge of field offices during their annual
performance review discussions. In speaking with agents around the
country, we found lit- tle evidence that any such concerns had reached
FBI personnel beyond the
New York Field Office.50
The head of counterterrorism at the FBI, Dale Watson, said he had many
discussions about possible attacks with Cofer Black at the CIA. They had
expected an attack on July 4. Watson said he felt deeply that something
was going to happen. But he told us the threat information was
"nebulous." He wished he had known more. He wished he had had "500
analysts looking at
Usama Bin Ladin threat information instead of two."51
Attorney General Ashcroft was briefed by the CIA in May and by Pickard
in early July about the danger. Pickard said he met with Ashcroft once a
week in late June, through July, and twice in August. There is a dispute
regarding Ashcroft's interest in Pickard's briefings about the terrorist
threat situation. Pickard told us that after two such briefings Ashcroft
told him that he did not want to hear about the threats anymore.
Ashcroft denies Pickard's charge. Pickard says he continued to present
terrorism information during further briefings that summer, but nothing
further on the "chatter" the U.S. govern-
ment was receiving.52
The Attorney General told us he asked Pickard whether there was intelli-
gence about attacks in the United States and that Pickard said no.
Pickard said he replied that he could not assure Ashcroft that there
would be no attacks in the United States, although the reports of
threats were related to overseas tar- gets. Ashcroft said he therefore
assumed the FBI was doing what it needed to do. He acknowledged that in
retrospect, this was a dangerous assumption. He did not ask the FBI what
it was doing in response to the threats and did not task it to take any
specific action. He also did not direct the INS, then still part
of the Department of Justice, to take any specific action.53
In sum, the domestic agencies never mobilized in response to the threat.
They did not have direction, and did not have a plan to institute.The
borders were not hardened.Transportation systems were not fortified.
Electronic sur- veillance was not targeted against a domestic threat.54
State and local law enforcement were not marshaled to augment the FBI's
efforts.The public was not warned.
The terrorists exploited deep institutional failings within our
government. The question is whether extra vigilance might have turned up
an opportu- nity to disrupt the plot. As seen in chapter 7, al Qaeda's
operatives made mis- takes. At least two such mistakes created
opportunities during 2001, especially in late August.
266 THE 9/11 COMMISSION
REPORT
8.2 LATE LEADS-MIHDHAR,
MOUSSAOUI,AND KSM
In chapter 6 we discussed
how intelligence agencies successfully detected some of the early travel
in the planes operation, picking up the movements of Khalid al Mihdhar
and identifying him, and seeing his travel converge with someone they
perhaps could have identified but did not-Nawaf al Hazmi-as well as with
less easily identifiable people such as Khallad and Abu Bara.These
observations occurred in December 1999 and January 2000.The trail had
been lost in Janu- ary 2000 without a clear realization that it had been
lost,and without much effort to pick it up again. Nor had the CIA placed
Mihdhar on the State Department's watchlist for suspected terrorists, so
that either an embassy or a port of entry might take note if Mihdhar
showed up again.
On four occasions in 2001, the CIA, the FBI, or both had apparent oppor-
tunities to refocus on the significance of Hazmi and Mihdhar and
reinvigorate the search for them. After reviewing those episodes we will
turn to the han- dling of the Moussaoui case and some late leads
regarding Khalid Sheikh Mohammed.
January 2001: Identification of Khallad
Almost one year after the original trail had been lost in Bangkok, the
FBI and the CIA were working on the investigation of the Cole
bombing.They learned of the link between a captured conspirator and a
person called "Khallad."They also learned that Khallad was a senior
security official for Bin Ladin who had helped direct the bombing (we
introduced Khallad in chapter 5, and returned
to his role in the Cole bombing in chapter 6).55
One of the members of the FBI's investigative team in Yemen realized
that he had heard of Khallad before, from a joint FBI/CIA source four
months ear- lier.The FBI agent obtained from a foreign government a
photo of the person believed to have directed the Cole bombing. It was
shown to the source, and he confirmed that the man in that photograph
was the same Khallad he had
described.56
In December 2000, on the basis of some links associated with Khalid al
Mihdhar, the CIA's Bin Ladin unit speculated that Khallad and Khalid al
Mihd-
har might be one and the same.57
The CIA asked that a Kuala Lumpur surveillance photo of Mihdhar be shown
to the joint source who had identified Khallad. In early January 2001,
two photographs from the Kuala Lumpur meeting were shown to the source.
One was a known photograph of Mihdhar, the other a photograph of a then
unknown subject.The source did not recognize Mihdhar. But he indicated
he
was 90 percent certain that the other individual was Khallad.58
This meant that Khallad and Mihdhar were two different people. It also
meant that there was a link between Khallad and Mihdhar, making Mihdhar
seem even more suspicious.59Yet we found no effort by the CIA to renew
the long-abandoned search for Mihdhar or his travel companions.
"THE SYSTEM WAS BLINKING
RED" 267
In addition, we found
that the CIA did not notify the FBI of this identifi- cation. DCITenet
and Cofer Black testified before Congress's Joint Inquiry into 9/11 that
the FBI had access to this identification from the beginning. But
drawing on an extensive record, including documents that were not
available to the CIA personnel who drafted that testimony, we conclude
this was not the case.The FBI's primary Cole investigators had no
knowledge that Khallad had been in Kuala Lumpur with Mihdhar and others
until after the Septem- ber 11 attacks. Because the FBI had not been
informed in January 2000 about Mihdhar's possession of a U.S. visa, it
had not then started looking for him in the United States. Because it
did not know of the links between Khallad and
Mihdhar, it did not start looking for him in January 2001.60
This incident is an example of how day-to-day gaps in information
sharing can emerge even when there is mutual goodwill.The information
was from a joint FBI/CIA source who spoke essentially no English and
whose languages were not understood by the FBI agent on the scene
overseas. Issues of travel and security necessarily kept short the
amount of time spent with the source. As a result, the CIA officer
usually did not translate either questions or answers
for his FBI colleague and friend.61
For interviews without simultaneous translation, the FBI agent on the
scene received copies of the reports that the CIA disseminated to other
agencies regarding the interviews. But he was not given access to the
CIA's internal operational reports, which contained more detail. It was
there-in reporting to which FBI investigators did not have access-that
information regarding the January 2001 identification of Khallad
appeared.The CIA officer does not recall this particular identification
and thus cannot say why it was not shared with his FBI colleague. He
might not have understood the possible significance of
the new identification.62
In June 2000, Mihdhar left California and returned to Yemen. It is
possible that if, in January 2001, the CIA had resumed its search for
him, placed him on the State Department's TIPOFF watchlist, or provided
the FBI with the information, he might have been found-either before or
at the time he applied for a new visa in June 2001, or when he returned
to the United States on July 4.
Spring 2001: Looking
Again at Kuala Lumpur
By mid-May 2001, as the threat reports were surging, a CIA official
detailed to the International Terrorism Operations Section at the FBI
wondered where the attacks might occur.We will call him "John."
Recalling the episode about the Kuala Lumpur travel of Mihdhar and his
associates, "John" searched the CIA's databases for information
regarding the travel. On May 15, he and an official at the CIA
reexamined many of the old cables from early 2000, includ- ing the
information that Mihdhar had a U.S. visa, and that Hazmi had come
to Los Angeles on January 15, 2000.63
The CIA official who reviewed the cables took no action regarding them.
268 THE 9/11 COMMISSION
REPORT
"John," however, began a
lengthy exchange with a CIA analyst, whom we will call "Dave," to figure
out what these cables meant. "John" was aware of how dangerous Khallad
was-at one point calling him a "major league killer." He concluded that
"something bad was definitely up." Despite the U.S. links evi- dent in
this traffic, "John" made no effort to determine whether any of these
individuals was in the United States. He did not raise that possibility
with his
FBI counterpart. He was focused on Malaysia.64
"John" described the CIA as an agency that tended to play a "zone
defense." He was worrying solely about Southeast Asia, not the United
States. In con-
trast, he told us, the FBI tends to play "man-to-man."65
Desk officers at the CIA's Bin Ladin unit did not have "cases" in the
same sense as an FBI agent who works an investigation from beginning to
end.Thus, when the trail went cold after the Kuala Lumpur meeting in
January 2000, the desk officer moved on to different things. By the time
the March 2000 cable arrived with information that one of the travelers
had flown to Los Angeles, the case officer was no longer responsible for
follow-up.While several individ- uals at the Bin Ladin unit opened the
cable when it arrived in March 2000, no
action was taken.66
The CIA's zone defense concentrated on "where," not "who." Had its
infor- mation been shared with the FBI, a combination of the CIA's zone
defense and the FBI's man-to-man approach might have been productive.
June 2001: The Meeting in
New York
"John's" review of the Kuala Lumpur meeting did set off some more shar-
ing of information, getting the attention of an FBI analyst whom we will
call "Jane." "Jane" was assigned to the FBI's Cole investigation. She
knew that another terrorist involved in that operation, Fahd al Quso,
had traveled to
Bangkok in January 2000 to give money to Khallad.67
"Jane" and the CIA analyst, "Dave," had been working together on Cole-
related issues. Chasing Quso's trail, "Dave" suggested showing some
photo- graphs to FBI agents in NewYork who were working on the Cole case
and had
interviewed Quso.68
"John" gave three Kuala Lumpur surveillance pictures to "Jane" to show
to the New York agents. She was told that one of the individuals in the
photo- graphs was someone named Khalid al Mihdhar. She did not know why
the photographs had been taken or why the Kuala Lumpur travel might be
signif- icant, and she was not told that someone had identified Khallad
in the photo- graphs.When "Jane" did some research in a database for
intelligence reports, Intelink, she found the original NSA reports on
the planning for the meeting. Because the CIA had not disseminated
reports on its tracking of Mihdhar, "Jane" did not pull up any
information about Mihdhar's U.S. visa or about travel
to the United States by Hazmi or Mihdhar.69
"Jane,""Dave," and an FBI analyst who was on detail to the CIA's Bin
Ladin
"THE SYSTEM WAS BLINKING
RED" 269
unit went to NewYork on
June 11 to meet with the agents about the Cole case. "Jane" brought the
surveillance pictures. At some point in the meeting she showed the
photographs to the agents and asked whether they recognized Quso in any
of them. The agents asked questions about the photographs- Why were they
taken? Why were these people being followed? Where are the
rest of the photographs?70
The only information "Jane" had about the meeting-other than the pho-
tographs-were the NSA reports that she had found on Intelink. These
reports, however, contained caveats that their contents could not be
shared with crim- inal investigators without the permission of the
Justice Department's Office of Intelligence Policy and Review
(OIPR).Therefore "Jane" concluded that she could not pass on information
from those reports to the agents.This decision was potentially
significant, because the signals intelligence she did not share linked
Mihdhar to a suspected terrorist facility in the Middle East.The agents
would have established a link to the suspected facility from their work
on the embassy bombings case. This link would have made them very
interested in learning more about Mihdhar.71 The sad irony is that the
agents who found the source were being kept from obtaining the fruits of
their own work.
"Dave," the CIA analyst, knew more about the Kuala Lumpur meeting. He
knew that Mihdhar possessed a U.S. visa, that his visa application
indicated that he intended to travel to New York, that Hazmi had
traveled to Los Angeles, and that a source had put Mihdhar in the
company of Khallad. No one at the meeting asked him what he knew; he did
not volunteer anything. He told investigators that as a CIA analyst, he
was not authorized to answer FBI ques- tions regarding CIA
information."Jane" said she assumed that if "Dave" knew the answers to
questions, he would have volunteered them. The New York agents left the
meeting without obtaining information that might have started
them looking for Mihdhar.72
Mihdhar had been a weak link in al Qaeda's operational planning. He had
left the United States in June 2000, a mistake KSM realized could
endanger the entire plan-for to continue with the operation, Mihdhar
would have to travel to the United States again.And unlike other
operatives, Mihdhar was not "clean": he had jihadist connections. It was
just such connections that had brought him to the attention of U.S.
officials.
Nevertheless, in this case KSM's fears were not realized. Mihdhar
received a new U.S. visa two days after the CIA-FBI meeting in New York.
He flew to New York City on July 4. No one was looking for him.
August 2001: The Search
for Mihdhar and Hazmi Begins and Fails
During the summer of 2001 "John," following a good instinct but not as
part of any formal assignment, asked "Mary," an FBI analyst detailed to
the CIA's Bin Ladin unit, to review all the Kuala Lumpur materials one
more time. She had been at the New York meeting with "Jane" and "Dave"
but had not
270 THE 9/11 COMMISSION
REPORT
looked into the issues
yet herself."John" asked her to do the research in her
free time.73
"Mary" began her work on July 24.That day, she found the cable reporting
that Mihdhar had a visa to the United States.A week later, she found the
cable reporting that Mihdhar's visa application-what was later
discovered to be his first application-listed New York as his
destination. On August 21, she located the March 2000 cable that "noted
with interest" that Hazmi had flown to Los Angeles in January 2000. She
immediately grasped the significance of
this information.74
"Mary" and "Jane" promptly met with an INS representative at FBI head-
quarters. On August 22, the INS told them that Mihdhar had entered the
United States on January 15, 2000, and again on July 4, 2001. "Jane" and
"Mary" also learned that there was no record that Hazmi had left the
coun- try since January 2000, and they assumed he had left with Mihdhar
in June 2000. They decided that if Mihdhar was in the United States, he
should be
found.75
They divided up the work."Mary" asked the Bin Ladin unit to draft a
cable requesting that Mihdhar and Hazmi be put on the TIPOFF watchlist.
Both
Hazmi and Mihdhar were added to this watchlist on August 24.76
"Jane" took responsibility for the search effort inside the United
States. As the information indicated that Mihdhar had last arrived in
NewYork, she began drafting what is known as a lead for the FBI's New
York Field Office. A lead relays information from one part of the FBI to
another and requests that a par- ticular action be taken. She called an
agent in NewYork to give him a "heads- up" on the matter, but her draft
lead was not sent until August 28. Her email told the New York agent
that she wanted him to get started as soon as possi- ble, but she
labeled the lead as "Routine"-a designation that informs the
receiving office that it has 30 days to respond.77
The agent who received the lead forwarded it to his squad
supervisor.That same day, the supervisor forwarded the lead to an
intelligence agent to open an intelligence case-an agent who thus was
behind "the wall" keeping FBI intelligence information from being shared
with criminal prosecutors. He also sent it to the Cole case agents and
an agent who had spent significant time in
Malaysia searching for another Khalid: Khalid Sheikh Mohammad.78
The suggested goal of the investigation was to locate Mihdhar, determine
his contacts and reasons for being in the United States, and possibly
conduct an interview. Before sending the lead,"Jane" had discussed it
with "John," the CIA official on detail to the FBI. She had also checked
with the acting head of the FBI's Bin Ladin unit. The discussion seems
to have been limited to whether the search should be classified as an
intelligence investigation or as a criminal one. It appears that no one
informed higher levels of management in either the FBI or CIA about the
case.79 There is no evidence that the lead, or the search for these
terrorist suspects, was substantively discussed at any level
"THE SYSTEM WAS BLINKING
RED" 271
above deputy chief of a
section within the Counterterrorism Division at FBI headquarters.
One of the Cole case agents read the lead with interest, and contacted
"Jane" to obtain more information."Jane" argued, however, that because
the agent was designated a "criminal" FBI agent, not an intelligence FBI
agent, the wall kept him from participating in any search for Mihdhar.
In fact, she felt he had to destroy his copy of the lead because it
contained NSA information from reports that included caveats ordering
that the information not be shared without OIPR's permission.The agent
asked "Jane" to get an opinion from the FBI's National Security Law Unit
(NSLU) on whether he could open a criminal
case on Mihdhar.80
"Jane" sent an email to the Cole case agent explaining that according to
the NSLU, the case could be opened only as an intelligence matter, and
that if Mihdhar was found, only designated intelligence agents could
conduct or even be present at any interview. She appears to have
misunderstood the complex
rules that could apply to this situation.81
The FBI agent angrily responded:
Whatever has happened to
this-someday someone will die-and wall or not-the public will not
understand why we were not more effective
and throwing every resource we had at certain "problems."
Let's hope the National Security Law Unit will stand behind their
decisions then, especially since the biggest threat to us now, UBL, is
get-
ting the most "protection."
"Jane" replied that she
was not making up the rules; she claimed that they
were in the relevant manual and "ordered by the [FISA] Court and every
office
of the FBI is required to follow them including FBI NY."82
It is now clear that everyone involved was confused about the rules
govern- ing the sharing and use of information gathered in intelligence
channels. Because Mihdhar was being sought for his possible connection
to or knowl- edge of the Cole bombing, he could be investigated or
tracked under the exist- ing Cole criminal case. No new criminal case
was needed for the criminal agent to begin searching for Mihdhar. And as
NSA had approved the passage of its information to the criminal agent,
he could have conducted a search using all available information. As a
result of this confusion, the criminal agents who were knowledgeable
about al Qaeda and experienced with criminal investiga- tive techniques,
including finding suspects and possible criminal charges, were
thus excluded from the search.83
The search was assigned to one FBI agent, and it was his very first
coun- terterrorism lead. Because the lead was "routine," he was given 30
days to open an intelligence case and make some unspecified efforts to
locate Mihdhar. He started the process a few days later. He checked
local New York databases for
272 THE 9/11 COMMISSION
REPORT
criminal record and
driver's license information and checked the hotel listed on Mihdhar's
U.S. entry form. Finally, on September 11, the agent sent a lead to Los
Angeles, because Mihdhar had initially arrived in Los Angeles in Janu-
ary 2000.84
We believe that if more resources had been applied and a significantly
dif- ferent approach taken, Mihdhar and Hazmi might have been found.They
had used their true names in the United States. Still, the investigators
would have needed luck as well as skill to find them prior to September
11 even if such
searches had begun as early as August 23, when the lead was first
drafted.85
Many FBI witnesses have suggested that even if Mihdhar had been found,
there was nothing the agents could have done except follow him onto the
planes.We believe this is incorrect. Both Hazmi and Mihdhar could have
been held for immigration violations or as material witnesses in the
Cole bombing case. Investigation or interrogation of them, and
investigation of their travel and financial activities, could have
yielded evidence of connections to other par- ticipants in the 9/11
plot.The simple fact of their detention could have derailed the plan. In
any case, the opportunity did not arise.
Phoenix Memo
The Phoenix memo was investigated thoroughly by the Joint Inquiry and
the Department of Justice Inspector General.86We will recap it briefly
here. In July 2001, an FBI agent in the Phoenix field office sent a memo
to FBI headquar- ters and to two agents on international terrorism
squads in the NewYork Field Office, advising of the "possibility of a
coordinated effort by Usama Bin Ladin" to send students to the United
States to attend civil aviation schools.The agent based his theory on
the "inordinate number of individuals of investigative inter-
est" attending such schools in Arizona.87
The agent made four recommendations to FBI headquarters: to compile a
list of civil aviation schools, establish liaison with those schools,
discuss his the- ories about Bin Ladin with the intelligence community,
and seek authority to obtain visa information on persons applying to
flight schools. His recommen- dations were not acted on. His memo was
forwarded to one field office. Man- agers of the Usama Bin Ladin unit
and the Radical Fundamentalist unit at FBI headquarters were addressees,
but they did not even see the memo until after September 11. No managers
at headquarters saw the memo before September
11, and the New York Field Office took no action.88
As its author told investigators, the Phoenix memo was not an alert
about suicide pilots. His worry was more about a Pan Am Flight 103
scenario in which explosives were placed on an aircraft.The memo's
references to aviation training were broad,including aeronautical
engineering.89 If the memo had been distributed in a timely fashion and
its recommendations acted on promptly, we do not believe it would have
uncovered the plot. It might well, however, have sensitized the FBI so
that it might have taken the Moussaoui matter more seri- ously the next
month.
"THE SYSTEM WAS BLINKING
RED" 273
Zacarias Moussaoui
On August 15, 2001, the Minneapolis FBI Field Office initiated an
intelligence investigation on Zacarias Moussaoui.As mentioned in chapter
7, he had entered the United States in February 2001, and had begun
flight lessons at Airman Flight School in Norman, Oklahoma. He resumed
his training at the Pan Am International Flight Academy in Eagan,
Minnesota, starting on August 13. He had none of the usual
qualifications for flight training on Pan Am's Boeing 747 flight
simulators. He said he did not intend to become a commercial pilot but
wanted the training as an "ego boosting thing." Moussaoui stood out
because, with little knowledge of flying, he wanted to learn how to
"take off and land"
a Boeing 747.90
The agent in Minneapolis quickly learned that Moussaoui possessed
jihadist beliefs. Moreover, Moussaoui had $32,000 in a bank account but
did not pro- vide a plausible explanation for this sum of money. He had
traveled to Pakistan but became agitated when asked if he had traveled
to nearby countries while in Pakistan (Pakistan was the customary route
to the training camps in Afghanistan). He planned to receive martial
arts training, and intended to pur- chase a global positioning receiver.
The agent also noted that Moussaoui became extremely agitated whenever
he was questioned regarding his religious beliefs.The agent concluded
that Moussaoui was "an Islamic extremist prepar- ing for some future act
in furtherance of radical fundamentalist goals." He also
believed Moussaoui's plan was related to his flight training.91
Moussaoui can be seen as an al Qaeda mistake and a missed opportunity.
An apparently unreliable operative, he had fallen into the hands of the
FBI. As discussed in chapter 7, Moussaoui had been in contact with and
received money from Ramzi Binalshibh. If Moussaoui had been connected to
al Qaeda, questions should instantly have arisen about a possible al
Qaeda plot that involved piloting airliners, a possibility that had
never been seriously ana- lyzed by the intelligence community.
The FBI agent who handled the case in conjunction with the INS repre-
sentative on the Minneapolis Joint Terrorism Task Force suspected that
Mous- saoui might be planning to hijack a plane. Minneapolis and FBI
headquarters debated whether Moussaoui should be arrested immediately or
surveilled to obtain additional information. Because it was not clear
whether Moussaoui could be imprisoned, the FBI case agent decided the
most important thing was to prevent Moussaoui from obtaining any further
training that he could use to
carry out a potential attack.92
As a French national who had overstayed his visa, Moussaoui could be
detained immediately. The INS arrested Moussaoui on the immigration
viola-
tion.A deportation order was signed on August 17, 2001.93
The agents in Minnesota were concerned that the U.S.Attorney's Office in
Minneapolis would find insufficient probable cause of a crime to obtain
a crim- inal warrant to search Moussaoui's laptop computer.94 Agents at
FBI headquar- ters believed there was insufficient probable cause.
Minneapolis therefore
274 THE 9/11 COMMISSION
REPORT
sought a special warrant
under the Foreign Intelligence Surveillance Act to conduct the search
(we introduced FISA in chapter 3).
To do so, however, the FBI needed to demonstrate probable cause that
Moussaoui was an agent of a foreign power, a demonstration that was not
required to obtain a criminal warrant but was a statutory requirement
for a FISA warrant.95 The case agent did not have sufficient information
to connect Moussaoui to a "foreign power," so he reached out for help,
in the United States and overseas.
The FBI agent's August 18 message requested assistance from the FBI
legal attaché in Paris. Moussaoui had lived in London, so the
Minneapolis agent sought assistance from the legal attaché there as
well. By August 24, the Min- neapolis agent had also contacted an FBI
detailee and a CIA desk officer at the
Counterterrorist Center about the case.96
The FBI legal attaché's office in Paris first contacted the French
government on August 16 or 17, shortly after speaking to the Minneapolis
case agent on the telephone. On August 22 and 27, the French provided
information that made a connection between Moussaoui and a rebel leader
in Chechnya, Ibn al Khattab.This set off a spirited debate between the
Minneapolis Field Office, FBI headquarters, and the CIA as to whether
the Chechen rebels and Khattab were sufficiently associated with a
terrorist organization to constitute a "for- eign power" for purposes of
the FISA statute. FBI headquarters did not believe this was good enough,
and its National Security Law Unit declined to submit
a FISA application.97
After receiving the written request for assistance, the legal attaché in
Lon- don had promptly forwarded it to his counterparts in the British
government, hand-delivering the request on August 21. On August 24, the
CIA also sent a cable to London and Paris regarding "subjects involved
in suspicious 747 flight training" that described Moussaoui as a
possible "suicide hijacker." On August 28, the CIA sent a request for
information to a different service of the British government; this
communication warned that Moussaoui might be expelled to Britain by the
end of August.The FBI office in London raised the matter briefly with
British officials as an aside, after a meeting about a more urgent
matter on September 3, and sent the British service a written update on
Sep- tember 5.The case was not handled by the British as a priority amid
a large
number of other terrorist-related inquiries.98
On September 4, the FBI sent a teletype to the CIA, the FAA, the Customs
Service, the State Department, the INS, and the Secret Service
summarizing the known facts regarding Moussaoui. It did not report the
case agent's per- sonal assessment that Moussaoui planned to hijack an
airplane. It did contain the FAA's comment that it was not unusual for
Middle Easterners to attend
flight training schools in the United States.99
Although the Minneapolis agents wanted to tell the FAA from the begin-
ning about Moussaoui, FBI headquarters instructed Minneapolis that it
could
"THE SYSTEM WAS BLINKING
RED" 275
not share the more
complete report the case agent had prepared for the FAA. The Minneapolis
supervisor sent the case agent in person to the local FAA office to fill
in what he thought were gaps in the FBI headquarters teletype.100 No FAA
actions seem to have been taken in response.
There was substantial disagreement between Minneapolis agents and FBI
headquarters as to what Moussaoui was planning to do. In one
conversation between a Minneapolis supervisor and a headquarters agent,
the latter com- plained that Minneapolis's FISA request was couched in a
manner intended to get people "spun up."The supervisor replied that was
precisely his intent. He said he was "trying to keep someone from taking
a plane and crashing into the World Trade Center." The headquarters
agent replied that this was not going
to happen and that they did not know if Moussaoui was a terrorist.101
There is no evidence that either FBI Acting Director Pickard or
Assistant Director for Counterterrorism DaleWatson was briefed on the
Moussaoui case prior to 9/11. Michael Rolince, the FBI assistant
director heading the Bureau's International Terrorism Operations Section
(ITOS), recalled being told about Moussaoui in two passing hallway
conversations but only in the context that he might be receiving
telephone calls from Minneapolis complaining about how headquarters was
handling the matter. He never received such a call. Although the acting
special agent in charge of Minneapolis called the ITOS supervisors to
discuss the Moussaoui case on August 27, he declined to go up
the chain of command at FBI headquarters and call Rolince.102
On August 23, DCI Tenet was briefed about the Moussaoui case in a brief-
ing titled "Islamic Extremist Learns to Fly."103 Tenet was also told
that Mous- saoui wanted to learn to fly a 747, paid for his training in
cash, was interested to learn the doors do not open in flight, and
wanted to fly a simulated flight from London to New York. He was told
that the FBI had arrested Moussaoui because of a visa overstay and that
the CIA was working the case with the FBI. Tenet told us that no
connection to al Qaeda was apparent to him at the time. Seeing it as an
FBI case, he did not discuss the matter with anyone at theWhite House or
the FBI. No connection was made between Moussaoui's presence in
the United States and the threat reporting during the summer of 2001.104
On September 11, after the attacks, the FBI office in London renewed
their appeal for information about Moussaoui. In response to U.S.
requests, the British government supplied some basic biographical
information about Moussaoui.The British government informed us that it
also immediately tasked intelligence collection facilities for
information about Moussaoui. On Septem- ber 13, the British government
received new, sensitive intelligence that Mous- saoui had attended an al
Qaeda training camp in Afghanistan. It passed this intelligence to the
United States on the same day. Had this information been available in
late August 2001, the Moussaoui case would almost certainly have
received intense, high-level attention.105
The FBI also learned after 9/11 that the millennium terrorist Ressam,
who
276 THE 9/11 COMMISSION
REPORT
by 2001 was cooperating
with investigators, recognized Moussaoui as some- one who had been in
the Afghan camps.106 As mentioned above, before 9/11 the FBI agents in
Minneapolis had failed to persuade supervisors at headquar- ters that
there was enough evidence to seek a FISA warrant to search Mous- saoui's
computer hard drive and belongings. Either the British information or
the Ressam identification would have broken the logjam.
A maximum U.S. effort to investigate Moussaoui conceivably could have
unearthed his connections to Binalshibh. Those connections might have
brought investigators to the core of the 9/11 plot.The Binalshibh
connection was recognized shortly after 9/11, though it was not an easy
trail to find. Dis- covering it would have required quick and very
substantial cooperation from the German government, which might well
have been difficult to obtain.
However, publicity about Moussaoui's arrest and a possible hijacking
threat might have derailed the plot.107 With time, the search for
Mihdhar and Hazmi and the investigation of Moussaoui might also have led
to a breakthrough that would have disrupted the plot.
Khalid Sheikh Mohammed
Another late opportunity was presented by a confluence of information
regarding Khalid Sheikh Mohammed received by the intelligence community
in the summer of 2001.The possible links between KSM, Moussaoui, and an
individual only later identified as Ramzi Binalshibh would remain
undiscov- ered, however.
Although we readily equate KSM with al Qaeda today, this was not the
case before 9/11. KSM, who had been indicted in January 1996 for his
role in the Manila air plot, was seen primarily as another freelance
terrorist, associated with Ramzi Yousef. Because the links between KSM
and Bin Ladin or al Qaeda were not recognized at the time,
responsibility for KSM remained in the small Islamic Extremist Branch of
the Counterterrorist Center, not in the Bin Ladin unit.
Moreover, because KSM had already been indicted, he became targeted for
arrest. In 1997, the Counterterrorist Center added a Renditions Branch
to help find wanted fugitives. Responsibility for KSM was transferred to
this branch, which gave the CIA a "man-to-man" focus but was not an
analyti- cal unit.When subsequent information came, more critical for
analysis than for tracking, no unit had the job of following up on what
the information
might mean.108
For example, in September 2000, a source had reported that an individual
named Khalid al-Shaykh al-Ballushi was a key lieutenant in al Qaeda. Al-
Ballushi means "from Baluchistan," and KSM is from Baluchistan.
Recogniz- ing the possible significance of this information, the Bin
Ladin unit sought more information.When no information was forthcoming,
the Bin Ladin unit
"THE SYSTEM WAS BLINKING
RED" 277
dropped the matter.109
When additional pieces of the puzzle arrived in the spring and summer of
2001, they were not put together.
The first piece of the puzzle concerned some intriguing information
asso- ciated with a person known as "Mukhtar" that the CIA had begun
analyzing in April 2001. The CIA did not know who Mukhtar was at the
time-only that he associated with al Qaeda lieutenant Abu Zubaydah and
that, based on the nature of the information, he was evidently involved
in planning possible
terrorist activities.110
The second piece of the puzzle was some alarming information regarding
KSM. On June 12, 2001, a CIA report said that "Khaled" was actively
recruiting people to travel outside Afghanistan, including to the United
States where col- leagues were reportedly already in the country to meet
them, to carry out terrorist-related activities for Bin Ladin. CIA
headquarters presumed from the details of the reporting that this person
was Khalid Sheikh Mohammed. In July, the same source was shown a series
of photographs and identified a photograph
of Khalid Sheikh Mohammed as the Khaled he had previously discussed.111
The final piece of the puzzle arrived at the CIA's Bin Ladin unit on
August 28 in a cable reporting that KSM's nickname was Mukhtar. No one
made the connection to the reports about Mukhtar that had been
circulated in the spring. This connection might also have underscored
concern about the June reporting that KSM was recruiting terrorists to
travel, including to the United States. Only after 9/11 would it be
discovered that Muhktar/KSM had com- municated with a phone that was
used by Binalshibh, and that Binalshibh had used the same phone to
communicate with Moussaoui, as discussed in chap- ter 7.As in the
Moussaoui situation already described, the links to Binalshibh might not
have been an easy trail to find and would have required substantial
cooperation from the German government. But time was short, and running
out.112
Time Runs Out
As Tenet told us, "the system was blinking red" during the summer of
2001. Officials were alerted across the world. Many were doing
everything they pos- sibly could to respond to the threats.
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.As the CIA supervisor "John"
told us, no one looked at the bigger picture; no analytic work foresaw
the lightning that could connect the
thundercloud to the ground.113
We see little evidence that the progress of the plot was disturbed by
any gov- ernment action. The U.S. government was unable to capitalize on
mistakes made by al Qaeda.Time ran out.
Credit: The 911 Commision Report
http://www.9-11commission.gov/report/index.htm
|