Moussaoui and the Phoenix Memo

[KJF]

There are various issues related to Moussaoui case, but I'd now like to take a look at its connection to the Phoenix Memo; new information appeared about this after the Moussaoui trial, as an unredacted version of the DOJ's Office of Inspector General's report into the Bureau's handling of intelligence before 9/11 was released after the Moussaoui trial. It can be found here:
http://www.usdoj.gov/oig/special/s0606/final.pdf#search=%22FBI%20OIG%20r...

The previous version was heavily redacted and the whole chapter dealing with Moussaoui was absent. Having looked through it now, it seems fairly clear that one of the reasons (perhaps the main reason) that a FISA warrant was not sought to search Moussaoui's belongings (not just his computer), was that knowledge of the Phoenix EC did not circulate at FBI headquarters. When Moussaoui's belongings were searched after 9/11, evidence was found connecting him to two of the hijackers' associates: Ramzi Bin Al Shibh and Yazid Sufaat. It would have been a relatively simple matter to trace the hijackers in the US from Bin Al Shibh based on their phone calls, the fact that they lived with him for years and the surveillance of the Hamburg cell previously carried out by various agencies, including the CIA.

Basically, the reason a FISA warrant to search Moussaoui's belongings was not sought in the end is that it was thought he was not an agent of a foreign power – a requirement under the FISA Act for a warrant to be granted. Based on French information, he was known to be connected to the Chechen rebels, but the connection was a little tenuous (he had merely encouraged an acquaintance to fight for them) and there was some dispute over whether they were a proper foreign power; for example, one agent thought they weren't a foreign power for FISA purposes because they weren't hostile to the US. It was also claimed that they were not sufficiently close to Bin Laden to be considered part of his organisation (which was a foreign power for FISA purposes).

The warrant was being sought by the Radical Fundamentalist Unit, which dealt with Muslim extremists that were not Al Qaeda. The Phoenix Memo, which dealt with Al Qaeda and Al Muhjiroun operatives learning to fly in the US (primarily at Embry-Riddle University in Prescott, Arizona), was assigned to the RFU on 30 July, just over two weeks before Moussaoui was arrested. Following its assignment, it was accessed by intelligence operations specialist (IOS) Ellen, who discussed it with a colleague from the Usama Bin Laden Unit, who then discussed it with her boss. It was also accessed by IOS Robin on 22 August regarding the Moussaoui warrant (because the Phoenix Memo referenced the leader of the Chechen rebels). She printed it out and must have read it, but did not have a specific memory of reading it. “She said she did not know why she did not bring the EC to anyone's attention.” (p. 207/217)

Continued at link
http://www.911blogger.com/node/2972

[Bryan Sacks]

1. Kevin, how does this new information square with. . .

the report in Time magazine that four officials at the RFU had received the Phoenix memo prior to 9/11 (I count possibly two RFU officials in the story referenced above), and the claim contained in the Time article that "law enforcement and congressional sources" believe that RFU chief Dave Frasca did in fact receive the memo before 9/11, and presumably before Moussaoui was arrested? Frasca's official denial that he saw the memo is contained in the Joint Inquiry report, which is referenced in the Commission report i the footnotes to Chapter 8 on p. 540.

Can you comment? Thanks.

[KJF]

2. If you're really interested in this...

... then it's worth reading that section of the report.

According to the DOJ OIG, Frasca was listed as an addressee of the Memo (see section Addressees on the Phoenix EC on p. 65), but it was actually sent to an ITOS administrative unit (not directly to the RFU or the UBLU) and that unit then routed it to Ellen in the RFU. Ellen read it, printed it out and discussed it with Jane from the UBLU, to whom it was reassigned - the printout also went to the UBLU. She says she didn't talk to Frasca about it, Frasca says she didn't talk to him about it. Robin accessed it later and printed it out, she says she didn't talk to anyone about it.

Obviously, the DOJ OIG could be lying and they might know Frasca accessed it and be covering this up, or somebody might have hacked into the computer system and altered the records to show he never accessed it, but how far are we going to get with an argument like that?

The Memo was printed twice, he could have read a hard copy, but short of examining it for his fingerprints we can't prove that.

If you ask me, the whole think stinks and the fix was in.

The other thing is that the CIA's management learned of Moussaoui's arrest around 21 August, but the CIA wasn't actually notified by the FBI (as far as I can see) until 24 August. So how did that happen? IMHO there's some secret programme following the hijackers and this is related to Moussaoui.

btw, Have you seen "3 indiv have been followed" yet?
http://www.outragedmoderates.org/images/cambone_notes_9-11-01_9.53PM.pdf

[Bryan Sacks]

3. had not seen that

Thanks for the tip.

[Andre II]

4. Three?

Three? Who is the third one?
And three entered in the July 2001?
Which three alleged hijackers of AA 77 entered the US in July 2001?
That's strange.

[KJF]

5. It says "2 entered in early July"

I suppose it means Al Mihdhar, who entered on 4 July (at the height of alert-frenzy based on an NSA intercept of a call from/to his home number), and Salem Al Hazmi, who entered on 29 June.

It must be them and Nawaf Al Hazmi the minute refers to, as they didn't think Hani was involved at the stage. And Hani was only known to the FBI AFAIK, not the CIA.

[Andre II]

6. I disagree

look at the line below where he writes a "2" and a "3".
Compare them to the number he used to indicate how many entered.
For me this clearly is a "3". The lower part isn't clearly visible cause it draws over a line printed on the paper.
But if you look at the shape of the "2". This clearly is not the "2" of the same person.

[KJF]

7. Oops

I think you're right. Sorry. No idea who the third one is then. Nawaf is supposed to have entered in January 2000, Moqed in May 2001 and Hani in December 2000.

Come back Mosear Caned, all is forgiven?

[Andre II]

8. No problem

At first I've read a "2" as well.
Btw who is the third alleged hijacker that was under surveillance?
Mosear Caned as well....?

[KJF]

9. Surveillance of hijackers

My guess is the third hijacker under surveillance is Salem Al Hazmi - the NSA and CIA claim to have followed him previously at any rate, although Moqed comes from a family that vigourously supports Osama and could have been under suspicion for that reason.

"Mosear Caned" (probably Mansour Khaled IMO) was the originally reported fifth hijacker on American 77 (when they didn't know about Hani). Surely you remember him.

Various links for Mosear Caned:
http://xymphora.blogspot.com/2005/06/mosear-caned.html
http://www.cooperativeresearch.org/searchResults.jsp?project=911_project&searchtext=Mosear+Caned&events=on&entities=off&articles=off&topics=off&timelines=off&projects=off&titles=on&descriptions=on&dosearch=on&search=Go
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=125x42650

[Andre II]

10. Salem?

Wow.
I've never heard anything about Salem being followed.
Do you have any links please?!

[KJF]

11. Salem was followed

It's even in the 9/11 CR:

In late 1999, the National Security Agency (NSA) analyzed communications associated with a suspected terrorist facility in the Middle East, indicating that several members of "an operational cadre" were planning to travel to Kuala Lumpur in early January 2000. Initially, only the first names of three were known-"Nawaf," "Salem," and "Khalid." NSA analysts surmised correctly that Salem was Nawaf's younger brother. Seeing links not only with al Qaeda but specifically with the 1998 embassy bombings, a CIA desk officer guessed that "something more nefarious afoot."
p. 158

Presumably, he should show up on the Malaysia photos, if they are ever released (don't hold your breath).

We know where Al Mihdhar and Nawaf Al Hazmi went (allegedly) after Malaysia, but we don't know where Salem went, although Al Hawsawi's substitution for testimony puts him in Afghanistan at some point in 2000.

I count 11 hijackers who were known to be terrorists/connected to terrorism before 9/11.

[Andre II]

12. Thanks

but your quote (I admit I had forgotten about) only indicates that Salem was known (which is damning already) but the handwritten note talks about that three alleged hijackers have been followed.

[KJF]

13. Kuala Lumpar

They were all followed around Kuala Lumpar. In addition, Salem was tracked (i.e. his trail wa followed) from Pakistan to Kuala Lumpar.

btw, which mosque did Atta and Al Shehhi attend in Florida?

[Andre II]

14. True

thanks for that.
Btw what's your list for the 11 alleged hijackers that were known to US intelligence?

[KJF]

15. 11 hijackers known to US intelligence

Very well known:
(1) Al Mihdhar (Malaysia, Able Danger)
(2) Nawaf Al Hazmi (Malaysia, Able Danger)

Reasonably well known
(3) Salem Al Hazmi (Malaysia)
(4) Al Shehhi (Hamburg - there's a quote somewhere (Joint Inquiry?) that the CIA figured out he was an Al Qaeda operative based on the 1999 intercept(s) - Able Danger, the nuclear thing)
(5) Atta (Hamburg, Able Danger, the nuclear thing)
(6) Jarrah (Dubai, Hamburg?)

Others
(7) Hani (Aukai Collins)
(8) Hamza Al Ghamdi (terrorist finance related to the Millenium Plot)
Link: http://www.cooperativeresearch.org/context.jsp?item=a0900almarabhhazma
Check out the entry for September 2000
(9) and (10) Ahmed Al Ghamdi and Satam Al Suqami (US customs investigation into terrorist finance)
Link: http://www.cooperativeresearch.org/context.jsp?item=aspring01customs
Check out Spring 2001 (original material by everybody's favourite reporter Judy Miller)
(11) Wail Al Shehri (known to Middle Eastern intelligence service, probably Saudi)

One of the suspects named was Wail al-Shehri. According to a Middle Eastern intelligence source, he grew up in Khamis, near the Yemen border, attended teacher college there, and spent several years in an terrorist training camp known as al-Farouk run by Bin Laden in Afghanistan.
http://www.guardian.co.uk/wtccrash/story/0,1300,552472,00.html

and

The Guardian reported on September 15 that, according to a Middle Eastern intelligence agency, one of the hijackers, Wail al-Shehri, from Khamis in Saudi Arabia, had trained in Bin Laden's al-Farouq training camp.
http://www.guardian.co.uk/wtccrash/story/0,1300,561001,00.html

I suppose Saudi intelligence could have gathered this information in the three days after 11 September, but I don't find it that likely - if they have the info on Wail, why not on Waleed and the other guys? Plus, Wail and Waleed obtained their new passports (in October 2000) through a relative in the passport office. If Wail's name was on the list of permitted travellers (the purpose of which was to stop terrorists and other troublemakers from travelling), why would he get a new passport through a relative? (the 9/11 Commission said that the passport may have been obtained in an illegitimate manner) One candidate hijacker, Khalid Saeed Ahmad Al Zahrani, dropped out because the Saudis knew he was a terrorist and refused to give him a passport (9/11 CR, p. 525). It's not a slam dunk, but I think the argument that Wail Al Shehri was known to Saudi intelligence is worth making.

Really, the fact that two of them are very well-known and the NSA was intercepting their calls from/to the States should be enough to blow the plot wide open. The other 9 are just a bonus.

[Andre II]

16. Indeed

I think this really deserve it's own thread. Don't you want to open one dealing with this topic?
And I think JDII should add this to his list of questions.
Btw what do you think of
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=125x119843