New FBI document shows active probe of support network for 9/11 hijackers in 2012

By Dan Christensen, FloridaBulldog.org 

The Pentagon after 9/11

The Pentagon after 9/11

As late as October 2012, federal prosecutors and FBI agents in New York City were actively exploring filing charges against a suspect for providing material support to the 9/11 hijackers and other crimes.

The suspect’s identity and many details of the New York investigation are blanked out of a FBI summary report that discusses “Updates and Initiatives (as of 5 October 2012)” about 9/11. The document was released to Florida Bulldog amid ongoing Freedom of Information Act (FOIA) litigation that seeks access to records of the 9/11 Review Commission.

The report was heavily redacted for national security, privacy and other reasons. But the report’s declassified portions indicate the New York investigation targeted an apparent U.S. support network for two of the 9/11 suicide hijackers – Saudis Nawaf al-Hazmi and Khalid al-Mihdhar – who with three other terrorists crashed American Airlines Flight 77 into the Pentagon.

“This has never been disclosed before and it’s to the contrary of almost everything the FBI has produced so far that has indicated that 9/11 is history,” said former Sen. Bob Graham, D-FL, who co-chaired Congress’s Joint Inquiry into the terrorist attacks. “It’s interesting that it took them 11 years to get there, and a FOIA to get this information to the public.”

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 report, originally classified secret, is marked “declassify on 12-31-2037.”

Sean Carter, a Philadelphia attorney who represents numerous victims of 9/11 in a massive lawsuit against Saudi Arabia, called the release of the 2012 FBI report “a powerful and important disclosure.”

“We’ve been repeatedly told by U.S. officials that all questions of Saudi involvement were resolved by the 9/11 Commission and now you have confirmation that there was an active investigation happening years after the 9/11 Commission shut its doors” in August 2004.

Said Graham: “What we don’t know now is what’s happened since 2012. If the decision was not to proceed, why? And if it was to proceed, what’s the status?”

The FBI declined to comment about its New York investigation or its October 2012 report. “We do not have anything to add to the 9/11 Review Commission report,” the FBI’s National Press Office said last week. Click here to view the 2012 FBI Summary report.

Representatives of Saudi Arabia have long maintained the kingdom had no involvement in 9/11. Over the summer, Congress overwhelmingly overrode President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), allowing 9/11 victims and their kin to sue Saudi Arabia in U.S. courts.

So sensitive even report’s title is a secret

The newly released 2012 FBI report, emblazoned with a logo that depicts the Twin Towers inside a pentagon against a backdrop of an American flag, is mentioned fleetingly in a footnote in the 9/11 Review Commission’s final report. It is so sensitive that even its title is classified “in the interest of national defense or foreign policy.” Similarly, the FBI censored from a synopsis the investigation’s code-name citing the same national security exemptions to the Freedom of Information Act.

“[Redacted] is an investigation into individuals known to have provided substantial assistance to 9/11 hijackers Nawaf al-Hazmi and Khalid al-Mihdhar during their time in California,” the synopsis says.

The report lists three of the “main subjects” of the probe – the name of one, however, was censored for national security. Fahad-al-Thumairy was a Saudi diplomat and imam at Los Angeles’ King Fahd Mosque when the two future hijackers, who spoke little or no English, first arrived in the U.S. in January 2000. The report says Thumairy “immediately assigned an individual to take care of them during their time in Los Angeles.”

9/11 hijackers Khalid al-Mihdhar, right, and Nawaf al-Hazmi.

9/11 hijackers Khalid al-Mihdhar, right, and Nawaf al-Hazmi.

Omar al-Bayoumi, the second subject, was a suspected Saudi agent who befriended Hazmi and Mihdhar in Southern California. The report says Bayoumi “was living in San Diego on a student visa, despite not attending classes, and receiving a salary from the Kingdom of Saudi Arabia for job duties he never performed.” Bayoumi has told authorities he accidentally met the two hijackers at a Los Angeles restaurant shortly after their arrival.

Like in the case of the identity of the third subject, a sentence or two mentioning Thumairy and Bayoumi were also redacted. Still, the final sentence of the synopsis offers a teaser that indicates the third individual was highly placed: “There is evidence that [redacted] and tasked al-Thumairy and al-Bayoumi with assisting the hijackers.”

The four-page report goes on to say that the trio “provided (or directed others to provide) the hijackers with assistance in daily activities, including procuring living quarters, financial assistance, and assistance in obtaining flight lessons and driver’s licenses. [Redacted] seeks to prove these subjects provided such assistance with the knowledge that al-Hazmi and al-Mihdhar were here to commit an act of terrorism.”

Suspected Saudi agent and friend to 9/11 hijackers Omar al-Bayoumi, right, and former Saudi diplomat and Los Angeles Imam Fahad-al-Thumairy

Suspected Saudi agent and friend to 9/11 hijackers Omar al-Bayoumi, right, and former Saudi diplomat and Los Angeles Imam Fahad-al-Thumairy

The 9/11 Review Commission, which disclosed the existence of the 2012 FBI summary report, was authorized by Congress to conduct an “external” review of the FBI’s response to the 2001 terrorist attacks on New York and Washington and to evaluate new evidence. Its final report, in March 2015, said its work included a review of the FBI’s ongoing effort to probe “lingering allegations that the circle of 9/11 conspirators may be wider.” The Review Commission ultimately concluded, however, that it saw nothing “to change the 9/11 Commission’s original findings regarding the presence of witting assistance” to Hazmi and Mihdhar.

The 9/11 Review Commission’s public report, however, does not mention the existence of the federal criminal investigation in New York, its status at the time, or a variety of related matters cited in the 2012 FBI report.

According to the partially declassified report the New York investigation was discussed at a Sept. 24, 2012 meeting at the FBI’s New York City office. Present were FBI agents, an unidentified a Manhattan Assistant U.S. Attorney (AUSA) and a Department of Justice attorney.

The report says that at the request of an unnamed official, the New York prosecutor “will explore potential charges for [redacted], including providing material support for the 9/11 hijackers, as well as lesser crimes, which investigators could present at a future interview with [redacted].”

Copenhagen connection

The report then discusses assistance provided two weeks earlier of the FBI’s legal attaché in Copenhagen. Much of the discussion was excised, again for national security considerations, but the missing information appears to be about a U.S. request to the Danish government for cooperation and/or extradition.

“Legat Copenhagen advised that [redacted]. Upon resolution of the claim and its likely rejection [redacted] will coordinate with SDNY [the Southern District of New York.]”

scotlandyardThe action that month followed a June 2012 visit to London by a team that included New York FBI agents, analysts from FBI headquarters in Washington and the assistant U.S. attorney. The trip’s purpose: “to exploit evidence seized in 2001 in New Scotland Yard’s searches of Omar al Bayoumi’s residences and offices” in England, the 2012 report says.

British authorities arrested Bayoumi on an immigration charge for a few days shortly after 9/11. The FBI has said agents found nothing then to connect Bayoumi to terrorism and no evidence that his assistance to Hazmi and Mihdhar “was witting.” The 9/11 Commission reached a similar conclusion in 2004.

Other statements about the London trip are mostly censored, once again for reasons including national security. One short segment, however, says the Bayoumi evidence included documents that officials were having translated “to determine relevancy.” Apparently, those records went untranslated by law enforcement for more than a decade.

The report contains several bullet points about individuals with ties to Hazmi and/or Mihdhar. All of the names are redacted, but one name is discernable from the available information: former Tampa resident Osama “Sam” Mustafa.

Prior to 9/11 Mustafa owned a gas station in a suburb of San Diego where future hijacker Hazmi worked for about a month in the fall of 2000. Mustafa previously had been the subject of an FBI counterterrorism investigation that yielded no evidence of criminal conduct, according to the 9/11 Commission’s final report.

The 2012 FBI report recounts Mustafa’s May 15, 2012 arrest in Tampa for Treasury check fraud filed by a U.S. Attorney in Virginia. Court records say the case involved a $17 million tax-refund fraud scheme, and that Mustafa was found guilty in April 2013. Four months later, while out on bond, Mustafa removed a monitoring bracelet and vanished. In June 2014, Mustafa was sentenced in absentia to 20 years in prison. He remains a fugitive.

Tampa man denied knowledge of terrorism

According to the report, federal authorities in Tampa had offered Mustafa a deal on Sept. 17, 2012. “During the proffer [Mustafa] echoed [a] previous statement he had made, denying any knowledge of the hijackers’ terrorist affiliation and providing no additional details of use to investigators. [Mustafa] seemed optimistic about the charges he was facing. [Redacted] investigators anticipate future proffer sessions with [Mustafa] on the [Redacted] national security issues.”

One bullet item in the FBI report is entirely censored. Others with declassified information:

  • On Sept. 24, 2012, two or more individuals were sentenced in federal court in the Southern District of California to five years’ probation and a $2,500 fine each. All information identifying those individuals, explaining what their case was about and how they are tied to 9/11 was blanked out, mostly for privacy considerations.
  • In August 2012, Los Angeles’ Joint Terrorism Task Force confirmed the address of an unidentified individual “who was known to have extremist views, and was identified as having met with Omar al-Bayoumi in private on the same day as Bayoumi’s alleged ‘chance’ first meeting with 9/11 hijackers” Hazmi and Mihdhar. “[Redacted] planning to approach [redacted] for an interview of his role aiding Bayoumi in facilitating the hijacker’s arrival and settlement in California, for which [redacted] has never provided an adequate explanation.”
  • The FBI wanted to interview another subject who helped facilitate “the day-to-day life” of Hazmi and Mihdhar in San Diego. The subject “is reported to be very concerned about his presence on U.S. no-fly lists.”

The 2012 FBI report takes a longer look at Mohdar Abdullah, who “played a key role facilitating the daily lives and assisting future Flight 77 hijackers.” His story is recounted in a section of the report titled “Details on Mohdar Abdullah and his connection [redacted].” National security is cited for that redaction, and for much of the first couple of sentences in the section.

Also removed from the report are several sentences detailing “the immediate goal of” investigating Abdullah, whom the 9/11 Commission Report previously said worked at the gas station where Hazmi was employed.

Mohdar Abdullah, 2002 Photo: San Diego Union Tribune

Mohdar Abdullah, 2002
Photo: San Diego Union Tribune

According to the 9/11 Commission, Abdullah was a Yemeni student in his early 20s who was “fluent in both Arabic and English,” sympathetic to extremist views “and was perfectly suited to assist the hijackers in pursuing their mission.” When FBI agents searched his possessions after the attacks, they found a notebook “belonging to someone else with references to planes falling from the sky, mass killing and hijacking,’’ the 9/11 Commission report says. Abdullah was detained as a material witness and later “he expressed hatred for the U.S. government and ‘stated that the U.S. brought ‘this’ on themselves.’ ”

Newly declassified information in the 2012 FBI report says that shortly after Feb. 4, 2000, Abdullah was one of two individuals tasked by Bayoumi to assist the two future hijackers. A partially censored sentence then says, “Anwar Aulaqi and they may have spent time together with the hijackers.”

Aulaqi, also known as Anwar al-Awlaki, was an American who was imam of the Masjid Ar-Ribat al-Islami mosque in San Diego, where Hazmi and Mihdhar worshipped. U.S. officials later identified him an al Qaeda recruiter who helped plan terrorist operations. Aulaqi was killed in Yemen in September 2011 by a U.S. Hellfire missile drone strike.

Man allegedly bragged about helping hijackers

The 2012 FBI report says, “After September 11, 2001 Mohdar (Abdullah) was investigated by the FBI for assisting the hijackers. On September 19, 2001 he was arrested by FBI San Diego on charges of immigration fraud for his claim of being a Somali asylee (Mohdar is Yemeni.) Mohdar pled guilty to the immigration charges and was deported to Yemen in 2004.

“While Mohdar was detained in an immigration facility he bragged to two fellow inmates that he assisted the hijackers. The FBI and the SDNY have debriefed these individuals. Both are cooperative, but there is some prosecutorial concern about their value as witnesses,” the report says.

Much of the rest of the section about Mohdar Abdullah is blanked out citing a FOIA exemption that protects confidential sources and personal privacy.

The 2012 FBI report was among about 200 pages of 9/11 Review Commission records recently released to Florida Bulldog. On Nov. 30, the Bulldog reported that records showed agents investigating 9/11 did not obtain security records from a Sarasota-area gated community containing alleged evidence that the hijackers had visited the residence of a Saudi family with ties to the royal family. A story last week reported how the FBI had censored its documents to remove information about how much it paid the Review Commission’s three members and staff.

The FBI’s information release included two other documents describing briefings given to the Review Commission. One involved a Feb. 25, 2014 Washington Times story that said the FBI had “placed a human source in direct contact” with Osama bin Laden in 1993 and learned bin Laden was looking to finance attacks against the U.S. The heavily censored document recounts statements by retired FBI agent Bassem Youseff, who explained the source did not have direct contact with bin Laden.

The second document recounts a briefing by FBI agents titled, “Overview of Additional Evidence Regarding the 9/11 Attacks.” “It was explained that in preparation for trials of individuals held at Guantanamo Bay, Cuba, the FBI has gone back to review evidence/information already in hand to see if additional evidence can be found for the prosecutions of these individuals.”

Most of the two-page report was censored for national security and other reasons, except for this sentence, “None of this identifies new participants in the 9/11 attacks but hardens the existing known connections to the plot.”

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.

On 9/11 anniversary, push in Congress to win day in court for victims of terrorism on U.S. soil

By Dan Christensen, BrowardBulldog.org survivor911

Twelve years after al Qaeda hijackers flew jetliners into the World Trade Center and the Pentagon – killing nearly 3,000 people – a renewed push is underway in Congress to ensure that victims of terrorism on American soil can hold its foreign sponsors to account in U.S. courts.

In the House next week, New York Congressmen Peter King, a Republican, and Jerrold Nadler, a Democrat, are expected to introduce the Justice Against Sponsors of Terrorism Act (JASTA). New York Democrat Charles Schumer will sponsor the same bill in the Senate.

Congressional aides would not discuss the bills in advance of filing. Sen. Schumer, however, has said JASTA is needed “due to flawed court decisions that have deprived victims of terrorism on American soil, including those injured by the terrorist attacks of September 11, 2001, of their day in court.”

JASTA’s second purpose: to choke off the money pipeline flowing to al Qaeda and other terrorist groups by making those who fund them liable for damages in American courts.

“JASTA will allow all victims of terrorism in the U.S. what was intended by Congress – the right to hold terrorist financiers accountable in civil court,” said Sharon Premoli, who was in her office on the 80th floor of the North Tower of the World Trade Center when the first plane struck.

“I’m all for this new bill. It’s important to deter terrorism and provide justice for victims,” said Rachel Ehrenfeld, an authority on terrorist financing and director of the New York-based noprofit American Center for Democracy.

HUNDREDS SUED, A DOZEN REMAIN

In the wake of 9/11, thousands of survivors, family members and business interests that suffered billions of dollars in losses sued several hundred defendants alleged to have provided financial and other material support to al Qaeda and others terrorist organizations. Those lawsuits were consolidated into a single sprawling federal case in 2003.

Among the defendants were the Kingdom of Saudi Arabia, an official Saudi charity and several Saudi princes. In 2005, however, the Saudis were dismissed from the case, principally on grounds of sovereign immunity.

The courts for other technical reasons of jurisdiction later dismissed most of the rest of the defendants. One striking reason: Under the Alien Tort Statute defendants must be shown to have committed a wrongful act in violation of international law, but the plaintiff/victims did not do so because no definition of “terrorism” existed “under customary international law as of September 11, 2001,” according to New York’s Second Circuit Court of Appeals.

Today, only about a dozen defendants remain, according to plaintiff’s attorney Jodi Flowers, of the Motley Rice law firm in Mount Pleasant, S.C.

Sen. Charles Schumer, D-NY

Sen. Charles Schumer, D-NY

On Monday, Flowers and other attorneys for the 9/11 plaintiffs took their case to the Supreme Court in an attempt to overturn a trio of adverse rulings by the Second Circuit in April.

Schumer and others contend the courts have misconstrued the law and Congressional intent that specifically authorized lawsuits and created exceptions to the doctrine of sovereign immunity in cases of terrorism.”

“SUBSTANTIAL EVIDENCE” 

“Substantial evidence establishes that (the Saudi defendants) had provided funding and sponsorship to al Qaeda without which it could not have carried out the attacks,” Schumer said in 2011.

If passed, JASTA would put Saudi Arabia and similar deep pockets back on the liability hook. Sen. Schumer and Sen. Arlen Specter (R-Pa) first introduced JASTA in December 2009. It was reintroduced in 2011 with broad bipartisan support, but drew little media attention and did not become law.

9/11 Families for Justice Against Terrorism, a group that represents more than 6,600 survivors and relatives, said it expects “a strong bipartisan cast of co-sponsors” this time, too.

The group started an online petition drive where JASTA supporters can urge Congress to pass it.

Terry Strada is a member of the 9/11 group. Her husband, Tom, worked at Cantor Fitzgerald and died in the North Tower.

She said JASTA would overturn the “erroneous” court rulings that held American courts have no jurisdiction when it comes to foreign terrorist financiers who gave their money abroad – even when an attack took place in the U.S.

“The problem can best be understood by example: If we discover someone intentionally gave aid or money to the Boston Marathon bombers and that money had been given to them outside our borders – no accountability from a civil action would be possible,” she said.

TWO PROBES, QUESTIONS REMAIN

Two official accounts of 9/11 – Congress’s Joint Inquiry and the 9/11 Commission – have not told the public the complete story about what happened and why, particularly regarding who funded the hijackers.

For example, 28 pages were redacted from the Joint Inquiry’s report regarding “specific sources of foreign support for some of the September 11 hijackers while they were in the United States.”

Further, former Florida Sen. Bob Graham, who co-chaired the inquiry, has said that neither Congress nor the Commission were told about an FBI investigation into apparent connections between the hijackers and a Saudi family with ties to the Royal family who abruptly fled their Sarasota area home two weeks before the attacks.

BrowardBulldog.org first disclosed the existence of the post-9/11 inquiry in Sarasota two years ago. “The public still does not know the whole story about who bankrolled the attacks. It is still a secret,” Strada said. “Graham, after learning about the hijackers’ Sarasota cell, has been calling for a reopening of the 9/11 investigation and the transparency that has been totally absent over the past 12 years.”

Terrorism expert Ehrenfeld, while supportive of JASTA, is skeptical of the U.S.’s intentions about getting at the root of problem because “politics are dictating who is considered a terrorist and who is not.” “I have many doubts because if the government wanted to do something serious, the government would have done it already,” Ehrenfeld said.

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