Miami judge rules out FOIA trial, says FBI document on 9/11 funding to remain secret

By Dan Christensen, FloridaBulldog.org 

Miami U.S. District Judge Cecilia Altonaga. Photo: Federal Bar Association, South Florida Chapter

Secret FBI information about who funded the 9/11 attacks will remain hidden indefinitely after a Miami federal judge reversed herself last week and decided that the FBI was not improperly withholding it from the public.

At the same time, Judge Cecilia Altonaga ruled out holding a Freedom of Information Act (FOIA) trial to evaluate the need for such continued secrecy nearly 16 years after the 9/11 attacks. A trial would likely have included testimony from government witnesses in support of continued secrecy as well as others like Bob Graham, the former Florida senator who co-chaired Congress’s Joint Inquiry into 9/11 and believes the FBI documents should be made public.

“The court sees no need for further facts to be elicited at trial,” Altonaga wrote in her seven-page order granting the FBI’s request to keep secret large portions of an FBI slide show titled “Overview of the 9/11 Investigation.” The FBI had argued the information was exempt from public disclosure because it “would disclose techniques and procedures for law enforcement investigations or prosecutions.”

Altonaga’s decision reversed her May 16 order that the 60-page document – referred to in court papers as “Document 22” – that was shown to the 9/11 Review Commission on April 25, 2014, should be largely opened for public inspection. The commission is also known as the Meese Commission, after its most prominent member, Reagan-era attorney general Ed Meese.

Florida Bulldog attorney Thomas Julin said the judge “should have ordered the FBI to stand trial for its decision to withhold information about its investigation.” He added that an appeal is being considered.

“The order requires the FBI to release information that was illegally redacted. That information will shed light on 9/11, but we did not get everything we wanted,” said Julin. “Much of what we did get confirmed the Bulldog’s reporting about Sarasota has been 100 percent correct and the FBI lied to the public about that. This case may be headed to the Supreme Court.”

Graham disappointed by ruling

Sen. Graham was disappointed by the judge’s ruling. He said the FBI’s 9/11 overview likely contains “important information relating to the funding of 9/11 and presumably the role of Saudi Arabia in doing so. Knowledge of these facts could change public opinion and governmental actions as to the liability of the Saudis as allies and the wisdom of us supplying them with hundreds of billions of dollars of military armaments.”

Bob Graham

Graham said, “The court essentially accepted without detailed substantiation the FBI’s assertions that techniques and procedures would potentially be compromised. I believe a trial was needed at which those unsubstantiated statements would be challenged with questions such as, ‘Over the 16 years since the events of 9/11 occurred have these techniques and procedures which proved to be so ineffective in preventing 9/11 been continued?’”

Florida Bulldog, working with Irish author Anthony Summers, first reported in September 2011 about a secret FBI investigation into a Saudi family living in Sarasota who abruptly departed their home in an upscale, gated community about two weeks before the 9/11 attacks – leaving behind their cars, clothes, furniture and food in the refrigerator. A senior counterterrorism agent said authorities later found phone records and gatehouse security records that linked the home of Abdulaziz and Anoud al-Hijji to 9/11 hijackers, including Mohamed Atta.

The FBI kept its Sarasota investigation secret for a decade. Former Sen. Graham has said the FBI did not disclose it to either the Joint Inquiry or the original 9/11 Commission.

An April 2002 FBI report released by the FBI during the litigation confirmed that account, saying agents found “many connections” between the Sarasota Saudis and “individuals associated with the terrorist attacks on 9/11/2001.” The FBI has since sought to discredit that report, saying the unnamed agent who wrote it had no basis for doing so.

The lawsuit forced the FBI to review 1,858 pages of records and to release parts of 713 pages. The FBI withheld 1,145 pages.

“The FBI violated FOIA by failing to respond to the Bulldog’s request for the Meese Commission records,” said Julin. “The Bulldog would not have gotten any of the records if it had not filed the lawsuit.”

The FBI PowerPoint pages Judge Altonaga has now ruled should remain under wraps include:

  • Two pages titled “Funding of the 9/11 Attacks” and “Early to Mid-2001 Additional Funding”
  • Pages titled: “Early to Mid-2000: Pilots/Intended Pilots Arrive U.S.”; “Investigative Findings” regarding hijacker “Identification” and “Financial. Ample Financing was provided”; “Early to Mid-2001: Non-pilots arrive U.S.”; “July-August 2001: Knife Purchases”; “August 2001: Reserving 9/11 Tickets”
  • Four pages titled “Ongoing Investigation”

Who bankrolled the 9/11 attacks is the central question at issue in complex civil litigation in New York in which 9/11 victims – survivors and relatives of the nearly 3,000 dead and businesses that suffered property damage – are seeking enormous damages from the oil-rich monarchy of Saudi Arabia. The country has denied any role in funding the September 11 attacks.

Seeking 9/11 Review Commission files

Florida Bulldog, through its corporate parent Broward Bulldog Inc., sued the FBI in June 2016, seeking records of the 9/11 Review Commission, a congressionally authorized body whose duties included reviewing new evidence not considered by Congress or the original 9/11 Commission. The Review Commission, whose members were chosen, paid and spoon-fed information by the FBI, issued its report in March 2015.

The FBI released a heavily redacted copy of its 9/11 Overview in February. The FBI cited national security, privacy and other reasons to withhold much information, including Exemption 7(E) of the Freedom of Information Act, which protects law enforcement “techniques and procedures.”

On May 16, Judge Altonaga ruled that the FBI had “failed to meet its burden in establishing Exemption 7(E) applies to the redacted information” in the 9/11 Overview because “much of it does not discuss any FBI investigative techniques and procedures; instead the material often encompasses facts and information gathered FBI suspects.”

In early June, the FBI asked Altonaga to reconsider her ruling, arguing that while the overview doesn’t “discuss techniques and procedures, the information contained in the document could still reveal” them. For example, the FBI said it had withheld a photograph taken by a security camera because its release “would disclose the location of the security camera,” possibly enabling future terrorists to circumvent detection.

Attorneys for Florida Bulldog countered that security measures have changed “immensely” since 9/11 and the government had not shown that security measures “that supposedly would be revealed would be of any utility to future terrorists.”

Altonaga’s new order doesn’t address that argument, but nevertheless sided with the FBI, saying the redactions are “necessary to prevent disclosure of FBI techniques or procedures.”

Former Sen. Graham said what’s happened, including the FBI’s resistance to disclosing classified information about 9/11 and who was behind it, is evidence that the Freedom of Information Act needs significant reform.

“The most fundamental question now is whether the Freedom of Information Act as currently written and administered is a barrier to Americans’ fundamental right to know what their government is doing,” Graham said.

Judge Altonaga’s order requires the government to draft a proposed final summary judgment order for the court’s consideration by July 11.

 

Trial looms as judge denies FBI request to keep 9/11 records secret for privacy reasons

By Dan Christensen, FloridaBulldog.org 

New York World Trade Center’s North Tower ablaze on Sept. 11, 2001

In a ruling that could lead to the release of significant new information about 9/11, including details about who funded the al Qaeda terrorist attacks, a Miami federal judge has rejected FBI assertions that many records should be kept secret due to privacy considerations.

At the same time, U.S. District Court Judge Cecilia Altonaga granted summary judgment in the FBI’s favor regarding more than 1,000 pages of classified records it withheld from public view citing national security and other exemptions to the Freedom of Information Act (FOIA). Those records, about which little is known, will remain secret.

A trial could be needed to resolve outstanding issues in the case, the judge said.

Florida Bulldog’s parent, Broward Bulldog Inc., sued the FBI last June seeking records of the 9/11 Review Commission kept by the FBI. The commission, whose most prominent member was Reagan-era Attorney General Ed Meese, was authorized by Congress to take an “external” look at the FBI’s post-9/11 performance and to evaluate new evidence. Instead, Meese and two other members were chosen, paid and spoon-fed information by the FBI.

Among other things, Judge Altonaga analyzed the legality of FBI redactions in 28 partially declassified documents that were disputed by the Bulldog’s attorneys. Again and again, she declared as “unconvincing” FBI arguments asserting a need to veil the names of agents, suspects and others for privacy reasons – specifically citing FOIA Exemptions 6 and 7(c).

“Release of this information could further the public interest in learning about the September 11 attacks and may outweigh any privacy interest individuals mentioned in the document may have,” she wrote. You can read her order here.

Miami attorney Thomas Julin represents Florida Bulldog. “The FBI must stop being so secretive about the events of 9/11,” he said. “Excessive assertion of privacy is harming national security. The next FBI director should put a stop to this.”

Here’s what the judge had to say about numerous privacy deletions made to an Oct. 5, 2012 FBI memo about an active but previously unknown investigation by New York authorities, who were actively looking to indict an unidentified suspect with providing material support for the 9/11 hijackers:

‘Significant public interest’

“Plaintiffs have identified the significant public interest in information about who may have been involved in the September 11 attacks…Given the significant public interest in learning about possible suspects involved in the attacks, the FBI has not met its burden of showing Exemptions 6 and 7(c) apply to the selectively redacted names.”

The October 2012 document was also censored for national security and other reasons. Those redactions were upheld by Altonaga and will not be made public. Also not to be released: draft copies of the 9/11 Review Commission’s final report, which was released in March 2015.

The title page of the 9/11 Review Commission’s 2015 report.

Other partially-declassified FBI documents similarly appear to be chock full of deleted information about September 11th that Judge Altonaga determined is being improperly withheld from the public.

Among the most compelling is a PowerPoint presentation given to the 9/11 Review Commission on April 25, 2014 in a closed meeting. The title of the PowerPoint was “Overview of 9/11 Investigation,” and court papers say it “covers the hijackers, where they attended flight school, how they adapted to Western life and blended in, and known co-conspirators.”

The PowerPoint pages that Judge Altonaga now has identified as being improperly blanked out include these topics:

  • “Funding of the 9/11 Attacks” and “Early to Mid-2001 Additional Funding.” Two pages.
  • “KSM Non-Immigrant Visa Application.” KSM is Khalid Sheikh Mohammed, the Guantanamo detainee identified by the 9/11 Commission as “the principal architect of the 9/11 attacks.”
  • “Early to Mid-2000: Pilots/Intended Pilots Arrive U.S.’’
  • “Investigative Findings” regarding hijacker “Identification” and “Financial. Ample Financing was provided.”
  • “Early to Mid-2001: Non-Pilots Arrive U.S.”
  • “July – August 2001: Knife purchases”
  • “August 2001: Reserving 9/11 Tickets”
  • “Al-Hawsawi Credit Card Statement Supplemental Card Activity.” Like KSM, Mustafa al-Hawsawi is one of 17 “high-value” Guantanamo detainees. The Department of Defense says he was a “senior” al Qaeda member who helped facilitate “the movement and funding of 9/11 hijackers to the U.S.”
  • “Standard Chartered Bank KSM Supplemental Visa Application.”
  • “Ongoing Investigation.” Four pages.

Questions about who bankrolled the 9/11 attacks are at the heart of massive litigation in New York against principal defendants, the Kingdom of Saudi Arabia and the Saudi High Commission for Relief of Bosnia & Herzegovina. The consolidated lawsuits were brought by relatives of the nearly 3,000 people who died in the attacks, survivors and businesses that suffered property damage.

A future king’s involvement

Before he was crowned in 2015, King Salman “actively directed” the Saudi High Commission, an official charity whose funding was “especially important to al Qaeda acquiring the strike capabilities used to launch attacks in the U.S.,” according to court papers filed last year by lawyers for the 9/11victims and their families.

The Freedom of Information Act requires the FBI to conduct an adequate search for records that is “reasonably calculated to uncover all relevant (requested) documents.” Florida Bulldog attorney Julin argued, however, that the FBI’s search of 9/11 Review Commission records was inadequate and had intentionally concealed records that appear to remain missing. But Altonaga decided the government had met its burden of showing the search was “adequate and reasonable.”

Saudi King Salman presenting President Trump the Order of Abdulaziz al-Saud medal on Saturday at the Saudi Royal Court in Riyadh. Photo: Al Arabiya English

Likewise, the judge ruled in the government’s favor regarding a dispute over whether the FBI should be required to produce documents in the case file of “the Sarasota family.” The FBI previously included those records among 80,000 pages of 9/11 records submitted in a parallel FOIA case pending before Fort Lauderdale U.S. District Judge William Zloch, who since 2014 has been evaluating those records for possible public release. The FBI will not be required to produce those records in the Miami FOIA case.

The “Sarasota family” refers to Saudi citizens Abdulaziz and Anoud al-Hijji and her parents, Esam and Deborah Ghazzawi. The al-Hijjis lived in an upscale home owned by the Ghazzawis in a gated community named Prestancia.

Neighbors called the police after 9/11 to report that the al-Hijjis had abruptly moved out of their home about two weeks before 9/11, leaving behind their cars, furniture and other personal belongings. The FBI opened an investigation that fall that an April 2002 FBI report says found “many connections” between the Sarasota Saudis and “individuals associated with the terrorist attacks on 9/11/2001.”

For reasons that remain unclear, however, the FBI never notified Congress or the 9/11 Commission about what happened in Sarasota, according to former Florida Sen. Bob Graham, who co-chaired Congress’s Joint Inquiry into the terrorist attacks.

Smoke rising after the crash of United 93 in Shanksville, Pa. on Sept. 11, 2001. Photo: Val McClatchey

Florida Bulldog, working with Irish author Anthony Summers, first reported about what happened in Sarasota a decade later in September 2011. A counterterrorism officer who spoke on condition of anonymity said agents found phone and gatehouse records that linked the al-Hijjis’ home on Escondito Circle to Mohamed Atta and Ziad Jarrah, who between June 2000 and January 2001 took flight training just 10 miles away at Venice Municipal Airport’s Huffman Aviation.

Atta was at the controls of the American Airlines passenger jet that crashed into the North Tower of the World Trade Center. Jarrah was the pilot who wrested control of United Airlines Flight 93, the jetliner that crashed into a Pennsylvania field after passengers rebelled against their hijackers.

After the Florida Bulldog story broke, the FBI confirmed that it had investigated, but said it found no ties to the 9/11 plot. It also said Congress had been told about its Sarasota investigation.

FBI tries to discredit own report

In April 2014, the FBI sought to discredit its April 2002 report during a private meeting with the 9/11 Review Commission. The FBI said then that the agent who wrote the report had no basis for doing so, but it did not elaborate or identify the agent. The assertion prompted Florida Bulldog to file a FOIA request for the commission’s files. After a year passed without a response from the bureau, the second FOIA lawsuit was filed.

Documents about that briefing include numerous sections withheld for privacy reasons that the judge said were improper. Several additional documents, including interviews with Florida witnesses who knew Atta and other hijackers, contain similar deletions about what went on in Sarasota prior to 9/11 that could be restored based on the judge’s findings.

One of those documents, titled “Alleged Sarasota Links to 9/11 Hijackers” has been released three times by the FBI, each time looking differently. The first release, in March 2013, was on stationery of the “Counterterrorism Division of the Guantanamo Detainee Prosecution Section, 9/11 Prosecution Unit.” The two-page memo, containing numerous privacy redactions, was written in response to the Bulldog’s initial story in September 2011 and says that “the FBI found no evidence that connected the family members” to the hijackers.

The FBI released the document again on Dec. 30, 2016. This time all mention of the Guantanamo 9/11 Prosecution Unit as the source of the memo was removed and more information that had been previously released was now deleted. In April, after the Bulldog’s attorney’s protested, the FBI released a third copy that restored some of the deleted information, but still removed mention of the Guantanamo 9/11 unit.

In her ruling last week, Judge Altonaga denied the FBI’s request for summary judgment “as to all redactions in this document.” Altonaga wrote “the court cannot fathom why the FBI would redact and claim a statutory exemption for information it has already released and which plaintiffs already possess.”

The FBI must now decide whether to make public the information for which summary judgment was denied or continue to oppose release.

Judge Altonaga’s order gives both sides until Thursday, May 25, to file a joint status report “advising how they wish to proceed to conclude the case, and if a trial is to be held, to propose a trial period.”

On Monday afternoon, the FBI requested an extension until June 2.

“The FBI is currently working to determine how to proceed with the information as to which the Court denied summary judgment, i.e., whether the information will be released to Plaintiffs or whether the agency must persist in defense of its claimed FOIA exemptions,” says the motion filed by Miami Assistant U.S. Attorney Carlos Raurell. “This process, which is already under way, requires not only the FBI’s own internal analysis, but also consultation with the Justice Department’s Civil Appellate Division and with at least one other government agency.”

U.S. judge cites ‘shameful’ FBI delays in making 9/11 records public

By Dan Christensen, FloridaBulldog.org 

Miami U.S. District Judge Cecilia Altonaga

A Miami federal judge Tuesday excoriated the FBI for what she called its “shameful” delays in making public certain records about the bureau’s 9/11 Review Commission.

“It is distressing to see the length to which a private citizen must go” to obtain records under the Freedom of Information Act [FOIA], said U.S. District Judge Cecilia Altonaga. “It’s shocking quite frankly.”

At the same time, however, the judge gave the government two weeks to file a further summary judgment motion explaining why it believes the case brought by Florida Bulldog’s parent company should be dismissed. The ruling put off for now an unusual FOIA trial that had been scheduled to begin next week.

“The judge has done an excellent job moving this difficult case forward irrespective of the FBI’s stall tactics,” said attorney Thomas Julin, a partner in the Miami office of the Gunster law firm who represents Florida Bulldog. “This short delay will not put the Bulldog off the scent.”

Assistant U .S. Attorney Carlos Raurell represents the government. He declined to comment.

Broward Bulldog Inc. sued the FBI and the Justice Department last June, looking for records about the secretive three-man 9/11 Review Commission, whose most prominent member was Reagan-era Attorney General Edwin Meese. The group, also known as the Meese Commission, was authorized by Congress to conduct an “external” inquiry into the FBI’s post-9/11 performance and to assess new evidence. The commissioners were selected by FBI Director James Comey and paid by the FBI.

The Meese Commission, which began its work in 2014, went out of business after issuing a 127-page report in March 2015. The citizen’s 9/11 Commission released its findings in 2004.

In a related case, Bulldog is suing the FBI in federal court in Fort Lauderdale seeking records from the FBI’s 2001-2003 investigation of Abdulaziz and Anoud al-Hijji, a Saudi couple living in Sarasota with ties to the kingdom’s royal family and apparent ties to the 9/11 hijackers. The al-Hijjis came to law enforcement’s attention after neighbors reported they’d abruptly moved out of their upscale home two weeks before the terrorist attacks, leaving behind their cars, clothes, furniture and food in the refrigerator.

U.S. District Judge William J. Zloch is reviewing more than 80,000 pages of classified 9/11 records produced by the FBI for his inspection and possible release.

The ‘many connections’ FBI report

One document the FBI did release six months after that initial FOIA case was filed in September 2012 was a copy of an April 16, 2002 report that said agents found “many connections” between the al-Hijjis and “individuals associated with the terrorist attacks on 9/11/2001.” The couple’s name was blanked out, but discernible.

Abdulazziz al-Hijji in a photo taken when he lived in Sarasota

The report flatly contradicted prior statements by the FBI that agents had found no connection to the 9/11 plot. The FBI, however, repudiated its report in a briefing given to the Meese Commission on April 30, 2014.

A memorandum about the briefing says FBI Supervisory Special Agent Jacqueline Maguire called the 2002 report “a bad statement. It was overly speculative and there was no basis for the statement.” The Meese Commission report said the agent who wrote it was “unable” to explain to his superiors why he wrote it as he did. The FBI has not identified the report’s author, but he is former Fort Myers Special Agent Gregory Sheffield.

At Monday’s calendar call, attorney Julin said the Bulldog was prepared to proceed to trial next week while prosecutor Raurell argued the government needed a continuance in order to file additional court papers asking the judge to dismiss the case. Judge Altonaga gave Raurell two weeks to file a new motion for summary judgment. If summary judgment is not granted on all remaining issues, a trial date will be scheduled.

Julin contends the FBI had no basis to keep Meese Commission records secret.

“The FBI started this fight by claiming it found nothing in Sarasota when it quite obviously did. We’re trying to get records which show why the Meese Commission continued this charade,” he said. “Did the FBI agree not to investigate Saudis who supported the 9/11 hijackers? That is what we’re trying to find out.”

Altonaga’s order

On Monday, Judge Altonaga issued a 37-page order in which she addressed the government’s initial motion for summary judgment, filed Dec. 30, and issues about the appropriateness of FBI redactions laced through four previously released documents. The FBI has cited various exemptions to the Freedom of Information Act to justify those deletions, but the news organization objected to many of those redactions as improper.

In a nutshell, the judge ruled the FBI improperly veiled the names of FBI agents, the al-Hijjis and others in the records it has released by repeatedly citing two exemptions intended to shield information that could result in “an unwarranted invasion of personal privacy.”

The ruling could prompt the FBI to restore those names and re-release those documents, or the bureau could choose to try to persuade the judge of its position at a future trial.

The FBI fared much better with Altonaga regarding its other cited exemptions.

Specifically, the judge ruled the bureau had properly asserted exemptions intended to protect national security, confidential informants, law enforcement records or techniques and procedures and inter-agency or intra-agency memos or letters. The ruling means the FBI is not required to make that information public.

Altonaga saw un-redacted copies of the documents. In her decision granting summary judgment in favor of the FBI on matters of national security, she cited legal precedent that courts “should defer to an agency’s decision to withhold information” about national security matters.

Judges “must recognize that the Executive departments responsible for national defense and foreign policy matters have unique insights into what adverse affects [sic] might occur as a result of public disclosure of a particular classified record,” the court papers say.

As trial date draws near, FBI releases more about secretive 9/11 Review Commission

By Dan Christensen, FloridaBulldog.org 

FBI Director James Comey, center, announces release of 9/11 Review Commission report on March 25, 2015. Flanking Comey from left to right are commissioners Bruce Hoffman, Edwin Meese and Timothy Roemer. At far right is Executive Director John Gannon

In moves aimed at heading off an unusual Freedom of Information Act trial in Miami next month, the FBI has released new information about the secretive work of its 9/11 Review Commission.

In one disclosure, the FBI made public how much it paid Reagan-era Attorney General Edwin Meese and two other men who served on the Review Commission, and staff. In another, the FBI put a human face on its effort to discredit a dramatic April 16, 2002 FBI report that said agents had found “many connections” between Saudis living in Sarasota and the 9/11 hijackers.

The FBI withheld the 2002 report from both Congress and the National Commission on Terrorist Attacks Upon the United States, more simply known as the 9/11 Commission.

Late last year, in response to FOIA litigation brought by Florida Bulldog, the FBI made public copies of its personal services contracts with Meese, former ambassador and congressman Timothy Roemer and Georgetown professor Bruce Hoffman, but blacked out their pay.

On Friday, however, after U.S. District Court Judge Cecilia Altonaga told a trio of government lawyers she wasn’t satisfied with the FBI’s explanations for withholding such information, the bureau relented and restored those contract details in documents re-released to Florida Bulldog.

The contracts show that Meese, Roemer and Hoffman were paid $80,000 apiece plus $4,000 for travel expenses for 11 months of work.

Payments to staff

The FBI also provided new information about payments to more than a half-dozen staffers for the 9/11 Review Commission.

Executive Director John Gannon, a former CIA Deputy Director for Intelligence, was paid $134,000 plus $4,000 for travel. The FBI’s biggest payout, however, went to Barbara A. Grewe, whose contract shows she was detailed to the 9/11 Review Commission by The MITRE Corporation to serve as a senior director for eight months starting in April 2014. Grewe was paid $163,000 and given $20,000 more for travel. She was hired under an agreement involving the Intergovernmental Personnel Act.

MITRE, with principal locations in Bedford, MA and McLean, VA, is a not-for-profit company that operates federally funded research and development centers to address national security and homeland security and other matters. Grewe’s Linked In profile describes her as a “trusted advisor to senior government officials across a variety of MITRE programs.” She is a former federal prosecutor in Washington who also served as senior counsel for special projects on the 9/11 Commission in 2003-2004.

FBI Director James Comey

The 9/11 Review Commission, also known as the Meese Commission, was authorized by Congress to conduct an “external review” of the FBI’s performance in implementing the original 9/11 Commission’s recommendations and to assess new evidence. FBI Director James Comey picked the Meese Commission’s members, who operated in virtual secrecy, holding no public hearings and releasing no records about its work beyond its March 2015 final report.

Florida Bulldog’s corporate parent, Broward Bulldog Inc., sued the FBI in June for access to Meese Commission records, including those regarding the April 2002 FBI report that says agents found “many connections” between Saudis living in Sarasota and “individuals associated with the terrorist attacks on 9/11/2001.”

The 2002 report, released to Florida Bulldog in 2013 amid a separate and ongoing FOIA lawsuit in Fort Lauderdale, corroborated earlier reporting by the Bulldog in collaboration with Irish author Anthony Summers that disclosed the existence of the FBI’s Sarasota investigation. That reporting showed that the FBI began its probe after being summoned by neighbors who told them that Abdulaziz and Anoud al-Hijji had moved abruptly out of their upscale home about two weeks before 9/11 – leaving behind cars, clothes, furniture and other personal belongings. The home was owned by Anoud’s father, Esam Ghazzawi, an advisor to the late Prince Fahd bin Salman bin Abdulaziz al Saud, a nephew of former King Fahd, and eldest son of Saudi Arabia’s current monarch, King Salman. The prince died in July 2001 at age 46.

In September 2011, Bulldog reported that agents had found evidence that Mohamed Atta and other 9/11 terrorists had visited the al-Hijjis’ home. The bureau, however, did not alert Congress or the subsequent 9/11 Commission to its probe. After the story broke, the FBI acknowledged its investigation, but said it had found no connection to the 9/11 plot. It declined to explain.

The Sarasota Family

The Commission addressed the matter briefly in a section of its 2015 report titled “The Sarasota Family.” The commission’s inquiry consisted of obtaining copies of the case file and being briefed by an agent who discredited the 2002 report, calling it “wholly unsubstantiated” and “poorly written.” The commission took no other testimony about what happened in Sarasota, and its final report does not explain how the FBI came to its conclusion.

The FBI has not released the name of the agent who wrote the report citing privacy considerations. He is Special Agent Gregory Sheffield, who at the time worked in the FBI’s Fort Myers office.

The FBI recently filed a motion for summary judgment that asks the court to dismiss much of the lawsuit. This week, bureau attorneys are expected to file additional court papers seeking dismissal of the entire case. The matter is set for trial in early March.

Tuesday’s hour-long hearing before Judge Altonaga focused on whether the FBI had made an adequate search for records of any discipline given to the agent who wrote the allegedly bogus 2002 report, and whether it had properly redacted portions of records previously released to the Bulldog.

Representing the government at Tuesday’s hearing were Miami Assistant U.S. Attorney Carlos Raurell and two FBI lawyers from Washington, Assistant General Counsel Jonathan Fleshner and Paul Marquette of the FBI’s Record/Information Dissemination Section.

Miami attorney Thomas Julin represented the Florida Bulldog. He argued that a trial would be the proper forum to resolve questions about the FBI’s withholding of information. He told the judge that the news organization’s principal concern was that the FBI had found significant evidence of Saudi government support for the 9/11 attacks and then failed to disclose it to Congress or conduct an adequate investigation.

Joining Julin at the plaintiff’s table was former Florida governor and Sen. Bob Graham, who co-chaired Congress’s Joint Inquiry into the 9/11 attacks. Graham has strongly criticized the FBI for, among other things, failing to notify Congress about its Sarasota investigation.

A heavily redacted Memorandum for the Record

This past November, the FBI released in heavily redacted form a four-page, April 30, 2014 Memorandum for the Record describing the FBI’s briefing about the Sarasota family for the Meese Commission. Among the information the FBI kept secret was the name of the briefer for privacy reasons.

But on Jan. 30, 2017 after Florida Bulldog attorney Julin argued that the Meese report itself had named certain FBI personnel who it said provided “invaluable access to key people and relevant data,” the FBI identified the briefer as Supervisory Special Agent Jacqueline Maguire. Among other things, Maguire told the Meese Commission that the April 2002 report “was a bad statement. It was overly speculative and there was no basis for the statement.”

FBI agent Jacqueline Maguire testifying before the 9/11 Commission June 16, 2004

(The FBI also identified Agent Elizabeth Callahan as the Technical Point of Contact for the Meese Commission members and staff. The FBI has asserted privacy exemptions to the Freedom of Information Act to shield the names of other agents, including the agent who wrote the April 2002 report.)

The memorandum, however, offers no explanation for Maguire’s assertions. On Thursday, attorney Julin asked Miami U.S. Magistrate John O’Sullivan for permission to depose Maguire, but the request was denied.

Maguire previously said in court that she was assigned to the FBI’s New York field office after graduating from the FBI Academy in June 2000. A month after 9/11 she was assigned to a team of agents in Washington working PENTTBOMB, the code-name for its Pentagon, Twin Towers investigation.

“Specifically, I was assigned responsibilities in the investigation into the crash of American Airlines Flight 77 into the Pentagon,” she said in a declaration in another FOIA action in 2005.

In November 2011, Maguire accompanied FBI Deputy Director Sean Joyce to a Washington, D.C. meeting with former Sen. Graham. The White House arranged the meeting after Graham expressed concern about FBI documents he’d seen that contradicted the bureau’s public assertions that it had found no ties to terrorism during its Sarasota investigation. One of those documents was the April 2002 “many connections” report that the FBI provided the Senate Intelligence Committee in the wake of Bulldog’s reporting.

In a sworn declaration, Graham said Joyce sought to allay his concerns by saying that while the documents he’d reviewed did appear to contradict the FBI’s public statements about Sarasota, other FBI files he could review would provide context to show that the FBI’s public statements were correct.

Maguire was to provide Graham with those documents at a follow-up meeting. Joyce, however, soon changed his mind and declined to let Graham see anything else. Graham said Joyce also told him, in so many words, to “get a life.”

FBI coughs up new 9/11 records about Sarasota; Documents, evidence missing

By Dan Christensen, FloridaBulldog.org 

New York's World Trade Center before September 11, 2001

New York’s World Trade Center before September 11, 2001

Newly released FBI documents say agents investigating 9/11 connections did not obtain security records from a Sarasota-area gated community containing alleged evidence that 9/11 hijackers had visited the residence of a Saudi family with ties to the royal family.

The FBI’s surprising assertion that agents chose not to collect basic evidence during its once-secret Sarasota investigation is contained in a previously classified “Memorandum for the Record” about an FBI briefing given to the 9/11 Review Commission on April 30, 2014.

Former Sen. Bob Graham, D-FL, co-chair of Congress’s Joint Inquiry into the 9/11 terrorist attacks, called the FBI’s statement “stunning.”

The memorandum also fails to explain, as the commission’s final report suggested it would, the basis for FBI statements made to the 9/11 Review Commission that sought to discredit an April 2002 FBI report that – contrary to the FBI’s public comments – said agents found “many connections” between the Sarasota Saudis and “individuals associated with the terrorist attacks on 9/11/2001.”

A heavily censored copy of the four-page Memorandum for the Record is among more than 200 pages of declassified 9/11 Review Commission records released to FloridaBulldog.org this month by the FBI amid ongoing Freedom of Information litigation.

The Review Commission was authorized by Congress to conduct an “external review” of the FBI’s post 9/11 performance and to evaluate new evidence, but was largely controlled by the FBI. Its three members, all of whom were paid by the FBI, included former Reagan-era Attorney General Ed Meese.

New questions about Review Commission

The Review Commission operated in secret for about a year and went out of business when it issued its final report in March 2015. The memo, cited in the report’s footnotes, raises new questions about whether the commission made an actual, thorough review of what happened in Sarasota or simply accepted the FBI’s assertions.

“It’s somewhere between just blind acceptance of whatever the FBI put before them and the failure of the FBI to disclose other information not in this memo,” said Graham.

Florida driver's license photo of Mohamed Atta

Florida driver’s license photo of Mohamed Atta

The FBI’s Sarasota investigation began shortly after the Sept. 11, 2001 terrorist attacks when neighbors in the upscale Prestancia development alerted law enforcement to the abrupt departure of Abdulaziz al-Hijji and his wife, Anoud, who moved out of their home at 4224 Escondito Circle about two weeks before 9/11. The couple left numerous personal belongings, including their cars, clothes, furniture and a refrigerator full of food.

The home was owned by al-Hijji’s father-in-law, Esam Ghazzawi, an advisor to the late Prince Fahd bin Salman bin Abdulaziz al Saud, a nephew of former King Fahd, and eldest son of Saudi Arabia’s current monarch, King Salman. The prince died in July 2001 at age 46.

Florida Bulldog, working with Irish author Anthony Summers, first reported about the FBI’s Sarasota investigation in September 2011. The story included statements by Prestancia’s security chief and a counterterrorism officer, who spoke on condition of anonymity, as to how the FBI had used the gatehouse’s sign-in logs and photographs of license plates to discover that cars used by 9/11 ringleader Mohamed Atta and other hijackers had visited al-Hijji’s home. Atta and two other hijack pilots took flight lessons at nearby Venice Municipal Airport.

No disclosure to Congress, 9/11 Commission

The story also noted the FBI had not disclosed its Sarasota investigation to either Congress’s Joint Inquiry into 9/11 or the subsequent 9/11 Commission. The FBI has said it did notify Congress and the 9/11 Commission, but a number of persons affiliated with those probes, including former Sen. Graham, have said they were not told about the Sarasota Saudis.

The newly released Memorandum for the Record does not address the significant question of whether the FBI notified Congress and the 9/11 Commission of its Sarasota probe, and if not, why. It does, however, dispute the accounts of both Prestancia’s then-security chief, Larry Berberich, and the counterterrorism officer who said FBI agents collected and analyzed the gatehouse records that documented who entered Prestancia prior to 9/11 and where they went.

“The FBI did not obtain the gate records from the community because there was not a justified reason to believe there was a connection with the hijackers. There was no investigative belief or reason to obtain the records,” the memo says.

“It’s unbelievable that they would make the statement that they didn’t collect the records because they didn’t have a belief that there was a connection,” Graham said. “It was the records that would have given them that connection.”

Nevertheless, the memo says elsewhere that the FBI concluded there was “no evidence the hijackers visited the family’s residence.” The memo does not explain how, if the gate records were not obtained, the FBI could reach that conclusion.

The FBI has said in public comments, and to the 9/11 Review Commission, that it found “no evidence” connecting the Sarasota Saudis to any of the 9/11 hijackers, “nor was there any connection found between the family and the 9/11 plot.”

A startling statement

The memo, however, includes a startling statement about the FBI’s record-keeping practices that indicates the bureau cannot back up its conclusions. “There is no actual documentation of searches and work done to rule out connections,” the memo says.

The memorandum goes on to dispute the counterterrorism officer’s account of how agents, using a subpoena, obtained phone company records about incoming and outgoing calls to the Escondito house. A link analysis – tracking calls based on dates, times and length of conversation – found that calls dating back more than a year prior to 9/11 “lined up with the known suspects,” the counterterrorism officer said.

The links were not only to Atta and other hijack pilots, but to other terrorist suspects, including Walid al-Shehhri, who flew with Atta on the first plane to strike the World Trade Center, and al Qaeda terrorist Adnan Shukrijumah, the counterterrorism officer said. Shukrijumah, a Broward resident later added to the FBI’s Most Wanted Terrorist List, was reported killed in a military raid in Pakistan in December 2014.

The memorandum, however, says, “The FBI found there is no evidence and no grounds that the family, or 2 & 3 degrees of separation, had any telephonic connection,” with the hijackers.

FBI Director James Comey, second from right, is flanked by 9/11 Review Commissioners Tim Roemer, right, Ed Meese and Bruce Hoffman, far left. Photo: FBI

FBI Director James Comey, second from right, is flanked by 9/11 Review Commissioners Tim Roemer, right, Ed Meese and Bruce Hoffman, far left. Photo: FBI

Neither the memo nor the 9/11 Review Commission’s final report indicate that the commission sought to verify any of the FBI’s assertions. The FBI has declined to make public records about its phone record analysis.

Similarly, the memo discusses statements made to the 9/11 Review Commission by the FBI regarding its own April 2002 “many connections” report linking the Sarasota Saudis and 9/11 figures.

80,000 pages

 The FBI released that redacted report, containing national security information and originally marked “declassify on 03-14-2038,” to Florida Bulldog in 2013 during a separate Freedom of Information lawsuit that sought access to records of the FBI’s Sarasota probe.

 

In that case, a federal judge in Fort Lauderdale ordered the FBI in April 2014 to produce for his inspection 80,000 pages of records from its Tampa area field office. The judge’s inspection is ongoing.

Before the 9/11 Review Commission, however, the FBI disavowed its report, saying it was “poorly written and wholly unsubstantiated,” according to the commission’s final report. The FBI went on to tell the commission that the special agent who wrote it, when questioned later, “was unable to provide any basis for the contents of the document or explain why he wrote it as he did.”

Still, the Memorandum for the Record cited in the commission’s report says the unnamed special agent wrote the report to request opening a more urgent investigation of the Sarasota Saudis, but that didn’t happen.

“Tampa did the right thing by entering information into Rapid Start,” the memo says, referring to the tracking information management system used by the FBI prior to 9/11. “After 3 calls they opened a case. They interviewed the family members when they returned to the U.S. [several years later.] They obtained their contact information. However, Tampa did not have the derogatory needed to bump the investigation up to a [redacted].”

The memo does not explain why, if the 2002 report was “wholly unsubstantiated,” the agent who wrote it would have sought to draw attention to his own shoddy work by seeking further investigation. Likewise, the memo does not address why the FBI made public such a flawed report or why it redacted information from it due to reasons of national security.

The last section of the memo, “Gaps/Possible Issues/Recommendations” was redacted in full under an exemption to the Freedom of Information Act regarding “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.”

FBI Director Comey’s credibility issues go beyond presidential politics to 9/11 panel

By Dan Christensen, FloridaBulldog.org 

FBI Director James Comey discusses the 9/11 Review Commission’s findings during a press conference at FBI headquarters on March 25, 2015. Former Attorney General Edwin Meese (left), and former Congressman Tim Roemer (right), are also pictured.

FBI Director James Comey discusses the 9/11 Review Commission’s findings during a press conference at FBI headquarters on March 25, 2015. Former Attorney General Edwin Meese (left), and former Congressman Tim Roemer (right), are also pictured.

FBI Director James Comey’s credibility is under heavy fire due to his headline-making public statements about the FBI’s investigation of Hillary Clinton that have entangled the bureau in presidential politics.

Republicans howled in July when Comey publicly declared he wouldn’t recommend criminal charges against Clinton for her use of a private email server while she was secretary of state. Over the weekend, Democrat Clinton reportedly told supporters she blames her surprising loss to President-elect Donald Trump on Comey’s announcement 11 days before the election that he had restarted the email probe, as well as his announcement two days before the election that an examination of newly discovered emails had not changed his July findings.

But those aren’t the first credibility issues to be raised about Republican Comey since he became FBI chief in 2013. Others, largely unreported, arose from his handling of a secretive blue-ribbon panel authorized by Congress to conduct an “external review” of the FBI’s post-9/11 performance and to assess new evidence.

Under Comey’s direction, the 9/11 Review Commission became a captive of the FBI. He chose its three commissioners, authorized they be paid undisclosed sums and arranged for FBI personnel to spoon-feed them information. As the panel’s final report makes clear, the commissioners in turn were pliant to the very agency they were tasked to examine.

After the Review Commission was finished, Comey misled the public by promoting the fiction that it was an independent panel of experts.

“This is a moment of pride for the FBI,” Comey told reporters when the Review Commission’s final report was released, according to the New York Times. “An outside group of some of our most important leaders and thinkers has stared hard at us and said, ‘You have done a great job at transforming yourself.’ They’ve also said what I’ve said around the country: ‘It’s not good enough.’ ”

But the 9/11 Review Commission members – Reagan-era Attorney General Ed Meese, former congressman and ambassador Tim Roemer and Georgetown University securities studies professor Bruce Hoffman – were not outsiders. Each signed personal services contracts with the FBI at the outset that under federal regulations made them de facto FBI employees. The FBI has declined to say how much they were paid.

The Review Commission issued its final 127-page report, “The FBI: Protecting the Homeland in the 21st Century,” on March 25, 2015. It was largely supportive of the FBI, while repeatedly noting the bureau needed to speed up reforms to make it a more effective anti-terrorist force.

An embarrassing 2002 FBI report

The Review Commission’s most controversial finding: a section that curiously sought to discredit an April 16, 2002 FBI report that had become an embarrassment to the bureau.

The 2002 report discussed the findings of the FBI’s investigation of a Saudi family who it said had “fled” their Sarasota area home shortly before the 9/11 attacks and were later determined to have had “many connections” to “individuals associated with the terrorist attacks on 9/11/2001.” Florida Bulldog obtained a heavily censored copy of the document during ongoing Freedom of Information litigation.

The FBI report corroborated earlier source-based reporting by Bulldog and Irish journalist Anthony Summers that in 2011 disclosed the existence of the FBI’s Sarasota investigation. Among other things, the story reported how law-enforcement agents had obtained community security records – including photos of license tags – showing that Mohamed Atta and other 9/11 figures had visited the home in the gated Prestancia neighborhood.

Former Sen. Bob Graham, D-Fl, co-chair of Congress's Joint Inquiry into 9/11

Former Sen. Bob Graham, D-Fl, co-chair of Congress’s Joint Inquiry into 9/11

The FBI did not inform Congress or the subsequent 9/11 Commission about its Sarasota investigation, according to former U.S. Sen. Bob Graham (D-FL), who co-chaired Congress’s Joint Inquiry into the attacks. The FBI has said Congress and the 9/11 Commission were told.

The 2002 report, however, conflicted with the FBI’s prior public statements that said it had found no connection to terrorism during its once-secret investigation into the apparently hasty departure from Sarasota of Abdulaziz al-Hijji and his family. The couple moved out of their home about two weeks before 9/11 – leaving behind their cars, clothes, furniture and other belongings.

The Review Commission, while silent about whether the FBI informed Congress and the 9/11 Commission of its Sarasota probe, cited unidentified FBI officials who called the April 2002 FBI report “poorly written and wholly unsubstantiated.”

“When questioned later by others in the FBI, the special agent who wrote the [report] was unable to provide any basis for the contents of the document or explain why he wrote it as he did,” said the report, which does not identify the allegedly inept agent or provide further explanation.

Embracing the FBI

The Review Commission’s report, however, recounted the FBI’s assertions without challenge or reservation, adopting them as its own findings. Its recommendation: that the bureau “continue its thorough investigation into the 9/11 attacks.”

As originally conceived in legislation proposed in 2012, the 9/11 Review Commission was to be much tougher: an independent national commission with subpoena power that would take testimony and receive evidence in public. Its chairman and vice chairman would be appointed by the leaders of the House and Senate, staff would be hired without outside interference, and the General Services Administration would provide support services.

That proposal failed, but the idea of a 9/11 Review Commission was repurposed. Instead of being under congressional control, it was to be put under the administration and control of the FBI. All mention of public hearings, subpoena power and legislative control was stripped out.

The proposed FBI 9/11 Review Commission was inserted into a large appropriations bill that President Obama signed into law in March 2013.

Following delays attributed to sequestration, the Review Commission was established in January 2014. It relied heavily on the FBI for information, and sought little input from sources outside the U.S. intelligence community. About 30 individuals were interviewed, including CIA Director John Brennan, Director of National Intelligence James Clapper, former FBI Director Robert Mueller and four other ex-FBI officials. The commission also met with Comey several times, the report said.

Commissioners got more than “60 extensive briefings” on topics like the “Evolution of the National Security Branch” to PENTTBOM, the code name for its 9/11 investigation.

Commissioners also traveled to eight FBI field offices and six legal attaché posts in Ottawa, Beijing, Manila, Singapore, London and Madrid, according to the report.

The FBI declined to release any transcripts, memorandums or other back-up records generated by the Review Commission. In June 2016, Florida Bulldog sued the FBI under the Freedom of Information Act for access to those records. Trial is set for March in U.S. District Court in Miami.

28 pages and 80,000 pages: The hunt for a Saudi support network for 9-11 hijackers

By Dan Christensen, FloridaBulldog.org worldtradecenter

Lawyers for the Florida Bulldog have asked a federal judge to award substantial attorney fees for years of efforts to obtain secret reports about the FBI’s post-9/11 investigation of Saudis in Sarasota with apparent ties to the suicide hijackers.

The court papers filed Tuesday seek a court hearing and also show how the Fort Lauderdale Freedom of Information (FOI) case ties into a better-known push to declassify 28 pages that were cut out of a 2002 report by Congress’ Joint Inquiry into the terrorist attacks. Those censored pages involved “specific sources of foreign support” for the hijackers while they were in the U.S.

In the Fort Lauderdale case, a federal judge is reviewing for possible public release 80,000 classified pages about 9/11 located in the FBI’s Tampa field office. Judge William J. Zloch ordered the Bureau to produce those records for his private inspection two years ago.

“In essence, the 28 pages are expected to reveal what the Joint Inquiry discovered about Saudi government support of terrorism and the Sarasota documents are expected to reveal what the Joint Inquiry failed to discover about Saudi government support for terrorism,” wrote attorney Thomas Julin, of Miami’s Hunton & Williams.

“Together, both sets of documents may reflect whether a Saudi government network throughout the United States was used to support the terrorist attacks on 9/11. They also may help the American public to judge how the defendants [Department of Justice and the FBI] reacted to the terrorist attacks on the United States and whether additional steps should have been taken to prevent the attacks and to prosecute those who may have aided the attacks,” Julin’s motion said.

The Florida Bulldog’s parent, Broward Bulldog Inc., sued the FBI and the Justice Department in September 2012 after the FBI claimed to have no records about its Sarasota investigation. The Bulldog, working with Irish author Anthony Summers and his wife, Robbyn Swan, broke the story on Sept. 8, 2011 – nearly 10 years to the day after the terrorist attacks.

A fast exit from Sarasota

The story disclosed the existence of the FBI’s probe of events surrounding Abdulaziz and Anoud al-Hijji, a young Saudi couple who abruptly moved out of their upscale home about two weeks before 9/11 – leaving behind cars, clothes, furniture and other personal belongings – and how agents found evidence that Mohamed Atta and other 9/11 hijackers, who’d trained at nearby flight schools in Venice, had visited the al-Hijjis’ home.

Anoud’s father, Esam Ghazzawi, an advisor to a Saudi prince, owned the home.

Likewise, the story reported that former Florida Sen. Bob Graham, co-chair of the Joint Inquiry, said the FBI had kept Congress in the dark about its Sarasota investigation.

The Bulldog is a tax-exempt public charity with what Julin described as “extremely limited resources.” Its lawsuit, however, is nearly four years old, an unusually long time for a Freedom of Information Act complaint.

Miami attorney Thomas Julin

Miami attorney Thomas Julin

As a result, the news organization’s law firm, Hunton & Williams, has borne the financial burden of the case. Julin and four colleagues told the court they have spent more than 615 hours on the case and are asking for $409,000 in fees.

The fee award being sought is in large part attributable to the FBI’s aggressiveness resistance to disclosing its records about the Sarasota investigation. For example, in addition to repeatedly denying that it had any responsive documents, Bureau representatives have said the Sarasota probe found no connection to the 9/11 plot. Still, a handful of FBI documents made public during the pending litigation said the opposite: that the Sarasota Saudis had “many connections” to persons associated with the terrorist attacks.

In addition to representing the Bulldog in court, attorney Julin has spent numerous hours in an effort to declassify the 28 pages from the Joint Inquiry’s report. The Bulldog, Summers and Swan began the process in June 2013. Today, the case is pending before the Interagency Security Classification Appeals panel is Washington. A decision is expected this month.

The quest to unlock the 28 pages got a huge boost in an April 60 Minutes TV report that focused on current efforts by Sen. Graham and others to obtain their release.

Numerous members of Congress, 9/11 victims and their relatives and current and former government officials as well as leading presidential candidates Hillary Clinton and Donald Trump have called for the release of the 28 pages.

Developments in the case continue. On May 17, the U.S. Senate unanimously passed the Justice Against Supporters of Terrorism Act (JASTA), a bill that would allow 9/11 victims and their families to sue Saudi Arabia. The House is expected to consider the bill shortly.

“It underscores the public importance of the records that are at the heart of this litigation,” Julin wrote in his fee motion.

Click here and scroll down to FOIA Lawsuit Documents to read the new filings.

Saudi Arabia’s king ran state charity that 9/11 victims say funded and armed al Qaeda

Editor’s Note: Saturday’s lead story in The New York Times is headlined “Saudis Tell U.S. to Back Off Bill on 9/11 Lawsuits.” It reports that Saudi Foreign Minister Adel al Jubeir warned the Obama Administration that his country will sell off as much as $750 billion in American assets if Congress passes a bill that would allow the kingdom to be held liable in U.S. Courts if found responsible for the 9/11 terrorist attacks. The Saudi threat follows last Sunday’s 60 Minutes report calling fresh attention to 28 censored pages from Congress’s 9/11 report that former Florida Sen. Bob Graham says points a finger at Saudi Arabia.

On Wednesday, President Obama will travel to Saudi Arabia for meetings with King Salman and other Saudi officials. The FloridaBulldog story that follows was first published Feb. 6, 2015. It has not been reported elsewhere. It seems appropriate to republish now.

By Dan Christensen, FloridaBulldog.org  

Saudi King Salman with President Obama at Erga Palace during a January 27, 2015 trip to Saudi Arabia. Photo: Pete Souza, official White House photo

Saudi King Salman with President Obama at Erga Palace during a January 27, 2015 trip to Saudi Arabia. Photo: Pete Souza, official White House photo

Saudi Arabia’s new king, Salman, “actively directed” a Saudi charity whose funding was “especially important to al Qaeda acquiring the strike capabilities used to launch attacks in the U.S.,” say court papers filed this week by lawyers representing 9/11 victims and their families.

The Saudi High Commission for Relief of Bosnia and Herzegovina (SHC), which Salman led from its founding in 1993 until it closed in 2011, helped fund “the very al Qaeda camps where the 9/11 hijackers received their training for the attacks, and the safe haven and facilities in Afghanistan where senior officials of al Qaeda, including Osama bin Laden and Khalid Sheik Mohammed, planned and coordinated the attacks,” the court papers say.

King Salman bin Abdul Aziz al Saud assumed the throne on Jan. 23 after the death of King Abdullah, 90, who had ruled Saudi Arabia since 2005.

The lawyers filed approximately 4,000 pages of motions and supporting documents in federal court in Manhattan opposing Saudi Arabia’s renewed efforts to be dismissed as a defendant in the long-running civil lawsuit that arose from the terrorist attacks on New York and Washington, D.C. on September 11, 2001.

The Saudis and the Saudi High Commission had been dropped from the case years ago over claims of sovereign immunity, but they were reinstated as defendants in December 2013 after an appellate court reversed its earlier decision.

President George W. Bush with then-Prince Salman Bin Abdul Aziz in 2008.

President George W. Bush with then-Prince Salman Bin Abdul Aziz in 2008.

BOB GRAHAM WANTS NEW 9/11 INQUIRY

Among the new filings is a six-page affidavit by former Florida Sen. Bob Graham, who co-chaired Congress’s Joint Inquiry into 9/11. Graham said he’s convinced there was a “direct line between at least some of the terrorists who carried out the September 11th attacks and the government of Saudi Arabia” and that “the American public deserves a more robust inquiry.”

One matter he said “deserves further attention and investigation is the relationship between three of the future hijackers and a Saudi family living in Sarasota” prior to 9/11.

FloridaBulldog.org, working with Irish journalist and author Anthony Summers, first reported in 2011 that the family of Abdulaziz al-Hijji and his wife, Anoud, abruptly moved out of their home about two weeks before 9/11 – leaving behind cars, clothes, clothing, furniture and food in the kitchen. The departure triggered an FBI investigation that lasted for at least two years, but was never disclosed to either Graham’s committee or the 9/11 Commission.

While FBI officials said publicly that the investigation found no connection to 9/11, FBI documents released later in response to a Freedom of Information lawsuit brought by Broward Bulldog Inc., the corporate name of the Florida Bulldog, stated there were “many connections” between the family “and individuals associated with the terrorist attacks on 9/11/2001.”

Fort Lauderdale U.S. District Court Judge William J. Zloch is currently reviewing 80,000 pages of records about 9/11 from the FBI’s Tampa office for possible release.

This week’s filings, and related news coverage by The New York Times and other national media, is turning up the heat on the Obama Administration to make public 28 pages of the Joint Inquiry’s report concerning “specific sources of foreign support” for the 9/11 hijackers.

Those pages were censored on orders from then-President George W. Bush. Graham has said they are about “the role of Saudi Arabia in funding 9/11.”

Imprisoned 9/11 conspirator Zacarias Moussaoui

Imprisoned 9/11 conspirator Zacarias Moussaoui

The new filings in New York present an information mosaic of the kingdom’s actions leading up to the attacks. They cite primary documentation including FBI reports, diplomatic cables and even a once-classified “threat matrix,” used to assess enemy combatants at the Guantanamo Bay Detention Camp. Also included are statements from witnesses, including Zacarias Moussaoui who is serving a life sentence in a federal “supermax” prison in Colorado after pleading guilty in 2005 to charges that he helped plan the 9/11 attacks.

The Guantanamo threat matrix lists the Saudi High Commission among a number of “terrorist and terrorist support entities…identified in intelligence reports and U.S. government terrorism lists.”

A key figure in the plaintiff’s emerging mosaic is the new King of Saudi Arabia.

King Salman was a prince when he founded the SHC in 1993 with the support of then-King Fahd to aid Muslims in war-torn Bosnia-Herzegovina. A 2004 affidavit by Saudi Minister of State Dr. Mutlib bin Abudllah al-Nafissa describes the commission “as an arm of the Saudi Arabian government” and says “decisions regarding causes to support” were within Salman’s discretion.

An affidavit the same year by the commission’s former executive director, Saud bin Mohammad al-Roshood, said the commission spent $448 million on aid between 1993 and 2000.

A RADICAL STRAIN OF ISLAM

The 9/11 victims contend the commission was not only a charity, but an Islamic da’awa organization “created by the government of the kingdom to propagate a radical strain of Islam throughout the world, commonly referred to as Wahhabism.”

The SHC “served as a primary conduit for the Kingdom’s massive sponsorship of al Qaeda’s jihad in the Balkans,” plaintiff’s court papers say.

To back it up, the pleadings cited both detailed investigative reports from the mid-1990s and interviews with witnesses like Ali Hamad who helped coordinate al Qaeda’s military operations in Bosnia and was later convicted and jailed for a 1997 car bombing in Herzegovina.

Among other things, Hamad testified that the SHC provided him and other al Qaeda members with false employment papers so they could travel freely in the Balkans, allowed them to use the SHC’s offices and rented houses to plan terrorist attacks and provided “extensive” financial support and food for mujahideen forces.

“Ali Hamad’s sworn testimony is independently corroborated by numerous U.S., U.N. and NATO investigations,” wrote attorneys Stephen A. Cozen, Sean P. Carter, Jodi W. Flowers and others in a pleading that describes the evidence.

A United Nations-sponsored investigation also determined Salman, the new king, “transferred in excess of $120 million from his personal accounts and SHC accounts under his control to the Third World Relief Agency (TWRA)” from July 1992 to July 1995, the pleading says.

A PIPELINE FOR ARMS

The 9/11 Commission identified Third World Relief as an al Qaeda front and pipeline for illegal arms shipments to al Qaeda fighters in the Balkans.

“The U.N. sponsored audit of the TWRA’s records suggested that the SHC’s lavish funding of TWRA commenced shortly after a personal meeting between Prince Salman and the head of the TWRA. As the SHC had a robust operational presence of its own in Bosnia, there was no legitimate ‘humanitarian’ reason for it to send any funds to the TWRA,” the pleading says.

Rescue crews work to clear debris from the site of the World Trade Center. Photo Michael Rieger/ FEMA News

Rescue crews work to clear debris from the site of the World Trade Center. Photo Michael Rieger/ FEMA News

In October 2001, the U.S. and NATO raided SHC’s office in Sarajevo. On computer hard drives, the pleading says, investigators discovered files on deploying chemical agents with crop dusters, information on how to make fake State Department badges, and photographs and maps of Washington, marking prominent government buildings.

Also found: before and after photographs of the World Trade Center and photographs of other terrorist targets, the U.S. embassies in Kenya and Tanzania and the U.S.S. Cole.

Bosnian police soon arrested six al Qaeda members for plotting to conduct terrorist strikes on U.S. targets. Each was on SHC’s payroll and all six were later incarcerated at Guantanamo, the pleading says.

Government investigations also found evidence that the SHC played “a direct role” in arms trafficking for al Qaeda, the pleading says.

“Of particular note, a Defense Intelligence Agency report indicates that General Mohammad Farah Hassan Aideed, the al Qaeda-affiliated Somali warlord responsible for the Black Hawk Down massacre, received ‘weapons’ shipments” from the SHC.

King Salman’s ascension has begun to focus attention on his disturbing prior connections.

Last week, for example, Foreign Policy ran a story headlined, “King Salman’s Shady History: President Obama wants to work with the leader of the House of Saud, but the new king of Saudi Arabia has troubling ties to radical Islamists.”

The Saudi embassy in Washington did not comment to requests for comment via phone and email regarding the allegations regarding King Salman’s involvement with the SHC.

An embassy spokesman, did, however, reissue a statement made on Tuesday that denounced Moussaoui as “a deranged criminal” without credibility and quoted the 9/11 Commission as saying there is “no evidence that the Saudi government as an institution or senior Saudi officials individually funded” al Qaeda.

After “60 Minutes” on The 28 Pages, a new call to open up classified 9/11 records

By Dan Christensen, FloridaBulldog.org 

Former Florida Sen. Bob Graham, left with Steve Kroft of 60 Minutes

Former Florida Sen. Bob Graham, left with Steve Kroft of 60 Minutes

The push to declassify the government’s secret 9/11 records got an invigorating jolt Monday with House Democratic Leader Rep. Nancy Pelosi’s call to open up the 28 hidden pages in Congress’s Joint Inquiry report about the terrorist attacks.

Those pages, addressing “specific sources of foreign support” for the hijackers, were the focus of a 60 Minutes TV report on Sunday featuring former Florida Sen. Bob Graham, co-chairman of the government’s first investigation into 9/11.

“I agree with former Sen. Bob Graham that these documents should be declassified and made public, and that the Bush Administration’s refusal to do so was a mistake,” Pelosi said in a statement Monday. Pelosi served on both the House Intelligence Committee and the Joint Inquiry.

Saudi Arabia also responded to the 60 Minutes report, calling it “a compilation of myths and erroneous charges.”

Efforts are under way on Capitol Hill and elsewhere to open up the 28 pages and other classified 9/11 records kept out of public view by the Bush and Obama Administrations.

In the House, 41 members from 19 states and both parties have co-sponsored House Resolution 14, which urges President Obama to release the 28 pages as “necessary for a full public understanding of the events and circumstances surrounding the September 11, 2001 attacks upon the United States.”

A companion measure in the Senate has three co-sponsors.

For three years, the Florida Bulldog also has sought to open up the 28 pages through a process known as a Mandatory Declassification Review – an alternative to the Freedom of Information Act that’s used less by reporters and more by historians.

Miami attorney Thomas Julin represents Broward Bulldog Inc., the Florida Bulldog’s parent, and 9/11 authors Anthony Summers and Robbyn Swan in the matter.

Waiting for declassification

“We stand where we’ve always stood, waiting for the U.S. to rule and no indication as to when they will rule, but I think Pelosi’s call and the 60 Minutes report and Graham’s continued work would have some impact,” said Julin of the Hunton & Williams law firm.

Miami attorney Thomas Julin

Miami attorney Thomas Julin

In July 2014, after the FBI and Justice Department ignored the Bulldog’s request for access to the 28 pages, Julin filed an appeal with the Interagency Security Classification Appeals Panel (ISCAP), which makes recommendations to the president after conducting a review of the requested documents. Among other things, the appeal pointed out that declassification would help Americans understand how the September 11 attacks were financed.

The panel consists of senior level representatives appointed by the Departments of State, Defense and Justice, the National Archives, the Office of the Director of National Intelligence and the National Security Advisor. It is not, however, a rubberstamp.

In 2014, the agency decided 48 appeals containing a total of 451 documents. The panel affirmed prior agency decisions in a quarter of those documents, and declassified 75 percent in whole or in part, according to the most recent annual report by the National Archives and Records Administration’s Information Security Oversight Office.

In the summer of 2014, after a relative of a man killed during 9/11 accused President Obama of breaking a promise to make public the 28 pages, the National Security Council announced that the White House had asked the Office of the Director of National Intelligence to review the 28 pages for possible declassification.

CBS News reported Monday that the White House said the declassification review “is under way and that the administration hopes to complete it by the end of Mr. Obama’s presidency.’’

A recommendation by ISCAP to declassify the 28 pages would afford political cover for the president to act.

“It certainly would assure the president could tell the Saudis and the American public that all aspects of the national security apparatus has given the matter thorough consideration,” said Julin.

On Monday, Graham said was disappointed that 60 Minutes did not also report other “important information about 9/11,” including the story of the FBI’s once-secret investigation of a Saudi family living near Sarasota found to have ties to the 9/11 terrorists.

The Sarasota Saudis

The FBI investigation began after neighbors reported that the family of Abdulaziz al-Hijji had moved abruptly out of their home in an upscale, gated community two weeks before the attacks, leaving behind their cars, clothes, furniture and other belongings. Sources on and off the record said agents later used gatehouse log books and license plate photographs to establish that vehicles driven by 9/11 hijack pilots Mohamed Atta, Ziad Jarrah and other hijackers had visited the al-Hijji residence in the Prestancia development.

Abdulaziz al-Hijji, right, in Sarasota prior to 9/11 and leaving his London office in 2012 Photo in London by Warren Allot for The Telegraph

Abdulaziz al-Hijji, right, in Sarasota prior to 9/11 and leaving his London office in 2012 Photo in London by Warren Allot for The Telegraph

FloridaBulldog.org, working with Irish author and journalist Anthony Summers, was first to report the story in September 2011, and how the FBI had not disclosed it to either Congress’s Joint Inquiry or the subsequent 9/11 Commission.

While the FBI acknowledged its investigation, it said that agents had found no evidence connecting the al-Hijjis to the terrorists. Agents declined to elaborate.

The FBI’s denial, however, was contradicted three years ago by its own document made public amid ongoing Freedom of Information litigation brought by Florida Bulldog’s parent company. One FBI report, dated April 16, 2002, said agents had determined that the Sarasota Saudis had “many connections to individuals associated with the terrorist attacks on 9/11/2001.” The report was heavily censored, citing national security.

The FBI sought to discredit its own 2002 investigative report last year in findings released by the 9/11 Review Commission – a secretive, three-person entity whose members were paid by the FBI.

The report by the commission, whose members included Reagan-era Attorney General Ed Meese, said the FBI had disavowed the 2002 report, calling it “poorly written and wholly unsubstantiated.”

“When questioned later by others in the FBI, the special agent who wrote (it) was unable to provide any basis for the contents of the document or explain why he wrote it as he did,” the report says.

The report does not name the agent, but its language suggests the commission accepted the FBI’s statements without challenge. The report does not address why the FBI kept its Sarasota investigation a secret from two federal inquiries into 9/11.

Said Bob Graham, “You could do another 60 Minutes just on Sarasota.”

Is Broward terrorist figure Adnan Shukrijumah dead? FBI can’t confirm it

By Dan Christensen, FloridaBulldog.org shukposter

Six months after former Broward resident and suspected al Qaeda leader Adnan El Shukrijumah was reported killed by the Pakistan army, the FBI has not confirmed his death and continues to include him on its list of “Most Wanted Terrorists.”

Pakistani authorities have said the Saudi-born Shukrijumah was killed Dec. 6 during a helicopter gunship assault on a military compound in a mountainous region of northwest Pakistan near Afghanistan. His wife and four children were taken into custody, intelligence officials told Reuters.

“The United States government has not yet confirmed the death of El Shukrijumah. He will remain on the FBI’s Most Wanted Terrorists List until the time a confirmation is made,” the FBI’s Office of Public Affairs said in an email statement.

Asked to explain what problems the FBI has encountered in making a positive identification via DNA or other methods, the FBI replied, “The confirmation process is ongoing and, therefore, the FBI will not comment on it.”

Given the right conditions, the U.S. has the capability to make a rapid DNA identification.

A remote border town pinpointed on this map is where the Pakistani Army said it killed Adnan Shukrijumah six months ago.

A remote border town pinpointed on this map is where the Pakistani Army said it killed Adnan Shukrijumah six months ago.

The Washington Post, citing “black budget” documents provided by former NSA contractor Edward Snowden, reported in August 2013 that within eight hours of Osama bin Laden’s death in Afghanistan at the hands of U.S. Navy Seals the Defense Intelligence Agency had analyzed DNA from bin Laden’s corpse and “provided a conclusive match” confirming his identity.

In April, CNN and other news outlets reported the FBI’s announcement that it had used DNA testing to confirm the death of another of its most wanted terrorists, Zulkifli bin Hir, a Malaysian bomb maker known as Marwan. Marwan, believed to be a senior member of the southeast Asian terrorist group Jemaah Islamiyah, was killed Jan. 25 in a disastrous raid and 11-hour shootout with Philippines National Police that left 44 officers dead.

DNA, short for deoxyribonucleic acid, carries a person’s unique genetic information. Since, 1998, the FBI has operated the National DNA Index System, said to be the largest repository of known offender DNA records in the world.

DNA profiles are built from blood samples or skin cells found on items such as drinking glasses, chewing gum, envelopes and guns. The FBI uses its Combined DNA Index System (CODIS) software program to manage its database.

Authorities have described Shukrijumah, a former Miramar resident who grew up in the U.S. and attended Broward College, as al Qaeda’s chief of global operations. At the time of his reported death, he was a fugitive from a 2010 indictment in New York for his alleged role in plots to attack New York’s subway system and London’s Underground. The charges included conspiracy to use weapons of mass destruction.

Shukrijumah, 39, had a $5 million bounty on his head at the time of his reported death. On April 19, the Voice of America posted a U.S. government “international public service announcement” reiterating the reward for information leading to Shukrijumah’s arrest.

Screenshot of video offering U.S. reward for information leading to capture of Adnan El Shukrijumah, posted by the Voice of America on April 15.

Screenshot of video offering U.S. reward for information leading to capture of Adnan El Shukrijumah, posted by the Voice of America on April 15.

Shukrijumah was also a key figure in the FBI’s once-secret Sarasota investigation of Abdulaziz and Anoud al-Hijji, a Saudi couple who moved abruptly out of their home about two weeks before the 9/11 attacks. Agents later found evidence that Shukrijumah and several 9/11 hijackers, including ringleader Mohamed Atta, had visited the al-Hijji’s upscale home in the gated community of Prestancia.

Anoud al-Hijji’s father, Esam Ghazzawi, an advisor to a member of the Saudi royal family, owned the home.

The FBI never disclosed the existence of its Sarasota investigation to Congress or the 9/11 Commission, according to former Florida Sen. Bob Graham, who co-chaired Congress’s Joint Inquiry into 9/11.

FBI officials acknowledged the investigation in September 2011 after FloridaBulldog.org, working with Irish journalist Anthony Summers, reported it. They also denied finding any connection to 9/11, but declined to explain that assertion.

FBI records later made public amid a Freedom of Information lawsuit by Broward Bulldog, Inc., operator of FloridaBulldog.org, contradicted that denial. For example, an FBI report dated April 16, 2002, said investigators determined that the Sarasota Saudis had “many connections to individuals associated with the terrorist attacks on 9/11/2001.”

The FBI sought, without explanation, to disavow that report earlier this year, telling the 9/11 Review Commission that the report was “poorly written and wholly unsubstantiated.”

“When questioned later by others in the FBI, the special agent who wrote (it) was unable to provide any basis for the contents of the document or explain why he wrote it as he did,” the 9/11 Commission’s report says.

The agent was not identified and the FBI has refused to name him.

Fort Lauderdale U.S. District Judge William J. Zloch is presiding over the FOIA lawsuit and is currently reviewing for possible public release more than 80,000 pages of classified 9/11 records from the FBI’s Tampa Field Office that he ordered produced for his inspection last spring.

Miami attorney Thomas Julin, who represents the news organization, has asked Zloch to require the FBI to identify the agent and allow him to be questioned about the document he authored.

 

 

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