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.”

Florida Bulldog and Nova Southeastern University present: Sen. Bob Graham and Unanswered Questions of 9/11 on 15th Anniversary

On Sept. 8, join former Florida Governor and U.S. Senator Bob Graham, co-chair of Congress’ Joint Inquiry into the terrorist attacks of September 11, 2001, for a lively panel discussion at Nova Southeastern University about the continuing search answers and justice 15 years on. A question and answer session will follow.9-11-plan200x200

Purchase tickets and learn more on EventBrite. Proceeds benefit the Florida Bulldog, an independent 501(c) 3 nonprofit providing watchdog reporting in the public interest. To make a tax-deductible contribution to Florida Bulldog click here. (more…)

9/11 victims: Saudi Arabia’s ‘lavish sponsorship’ of al Qaeda made attacks possible

By Dan Christensen, BrowardBulldog.org twintowersexplosion

As defense attorneys tried again last week to get Saudi Arabia dropped from a massive federal lawsuit accusing it of complicity in the 9/11 attacks, lawyers for those who survived, and relatives of the dead, filed a sweeping new statement of the evidence they are marshaling for trial.

The 156-page pleading offers the court a fresh account of what’s become known about Saudi Arabia’s alleged ties to al Qaeda since it was initially dismissed from the lawsuit in 2005. An appeals court reinstated Saudi Arabia and its agency, the Saudi High Commission for Relief of Bosnia and Herzegovina (SHC), as defendants late last year.

Likewise, the document seeks to counter retooled Saudi claims of sovereign immunity.

The 9/11 victims don’t argue that Saudi Arabia had foreknowledge of the attacks. Rather, they contend the attacks were made possible by the Saudis’ “lavish sponsorship” of al Qaeda for “more than a decade leading up to September 11, 2001.

The Saudis allegedly supplied that funding – as much as $35 million a year – even though they knew “of al Qaeda’s intent to conduct terrorist attacks against the United States,” according to the pleading filed in federal court in Manhattan on Sept. 15.

In contrast, Saudi Arabia’s memorandum of law in support of its motion to dismiss the multi-billion dollar lawsuit opens with a blanket denial of wrongdoing.

‘KINGDOM HAD NO ROLE’

“The Kingdom of Saudi Arabia had no role in the attacks of September 11, 2001. The United States has said often and vigorously that Saudi Arabia is an important ally in the fight against terrorism,” says the memo. It also says the 9/11 Commission found “no evidence” that the Saudi government or senior Saudi officials funded terrorists.

Saudi Arabia’s claim to exoneration met stiff resistance. Lawyers for the victims cited affidavits made by 9/11 Commission member Bob Kerrey, an ex-Nebraska senator, and former Florida Sen. Bob Graham, who co-chaired Congress’s Joint Inquiry into the attacks, rebutting the Saudi’s assertions.

“Further undermining the Kingdom’s efforts to characterize the 9/11 Commission investigation as ‘exhaustive,’ recent disclosures make clear that both the 9/11 Commission and the 9/11 Joint Inquiry were deprived of critical information by the FBI,” the plaintiffs’ lawyers wrote.

9-11hijackers (1)“For example, a Freedom of Information Act (FOIA) lawsuit brought against the FBI by BrowardBulldog.org has revealed that the FBI never disclosed to the 9/11 Commission or the 9/11 Joint Inquiry the existence of a massive investigation into an apparent Saudi support network for the 9/11 hijackers in Florida.”

That once-secret FBI investigation concerned links between 9/11 hijack pilots Mohamed Atta, Marwan al-Shehhi and Ziad Jarrah and a Saudi family with ties to the royal family who lived in a gated community near Sarasota. Abdulaziz al-Hijji and his wife, Anoud, came to the FBI’s attention after they moved out of their home two weeks before 9/11, leaving behind cars, clothes, furniture and other personal belongings.

BrowardBulldog.org, working with Irish journalist and author Anthony Summers, broke the story in September 2011. At the time, the FBI confirmed that it had investigated, but said no connection was found to the 9/11 plot.

Yet last year, seven months after the FOIA lawsuit was filed, the FBI made public records that say flatly the Sarasota Saudis had “many connections” to “individuals associated with the terrorist attacks on 9/11/2001.” The records tie three of those individuals to Huffman Aviation – the Venice flight school where hijackers Atta and al-Shehhi trained – but the FBI blacked out their names and other details citing national security.

Fort Lauderdale U.S. District Judge William J. Zloch is currently reviewing more than 80,000 pages of records turned over by the FBI in response to his order to decide what additional records can be made public.

The 9/11 victims, whose ranks include companies that suffered enormous property losses, are suing hundreds of other defendants – from Middle East banks and “purported” Islamic charities like the Muslim World League to the estates of the dead hijackers.

“Although representing themselves to the West as traditional charities or “humanitarian organizations,” these organizations are more accurately described as Islamic da’awa organizations, created by the government of the kingdom to propagate a radical strain of Islam throughout the world, commonly referred to as Wahhabism,” the 9/11 victims’ pleading says.

On Monday, a federal jury in New York City found Jordan-based Arab Bank liable for knowingly helping terrorists carry out two-dozen suicide bombings in Israel in the early 2000s. The verdict marked the first time a bank was found liable for violations of the U.S. Anti-Terrorism Act.

“It makes it pretty clear how jurors view this kind of conduct when courts allow cases to reach them,” said Sean P. Carter, an attorney for the 9/11 victims.

FSIA CLAIMS

The 9/11 case consolidates several lawsuits filed between 2002 and 2004. It proceeds today under the jurisdiction of the Foreign Sovereign Immunities Act.

FSIA generally bars plaintiffs’ claims against other nations. One exception, however, is when a foreign state commits a tort – a wrongful act that causes harm – in the U.S.

The current legal fight focuses on complex legal issues regarding FSIA applicability.

Michael Kellogg, a Washington, D.C. attorney who represents the kingdom, argues the case should be dismissed because FSIA’s “tort exception” does not apply. Among his reasons: the law says wrongful acts, like funding al Qaeda, must be committed in the U.S., but that no such acts took place here.

“It is irrelevant that the September 11 attacks themselves occurred in the United States. Those attacks were ‘distinct and separate’ torts from those that involve giving money and aid to purported charities that supported al Qaeda, and those attacks therefore cannot serve as a basis for avoiding the entire-tort rule,” Kellogg wrote.

But attorneys for the other side say their clients’ claims are based on wrongdoing within the U.S. – both by Saudi “agents” who “provided direct assistance and support” to the 9/11 hijackers and Saudi charity “collaborators” like the Saudi High Commission that supported al Qaeda “through offices located in the United States.”

“Literally troves of governmental investigative reports have been declassified,” since the lawsuit was dismissed in 2005 that supports those claims, says the pleading filed on behalf of more than a half-dozen law firms by Carter’s Philadelphia law firm, Cozen O’Connor. More “evidence” was obtained from the charities and other defendants as the lawsuit has proceeded.

Some of that developed evidence involves a terrorist support network in southern California whose members allegedly included suspected al Qaeda advance man Omar al-Bayoumi and two other Saudis, Fahad al-Thumairy, and Osama Basnan.

The trio is accused of aiding 9/11 hijackers Khalid al-Mihdhar and Nawaf al-Hazmi when they entered the U.S. in January 2000 after attending an al Qaeda conference in Kuala Lumpur, Malaysia. The support network “assisted them in settling in the United States and beginning preparations for the September 11th Attacks,” the pleading says.

Mihdhar and Hazmi were among the terrorists who flew a hijacked American Airlines jet into the Pentagon.

Bayoumi is described in the pleading as a Saudi intelligence agent. Bayoumi moved out of his San Diego apartment on June 23, 2001, telling his landlord he was leaving the U.S.

According to the pleading, Thumairy was a diplomat with the Saudi consulate’s Ministry of Islamic Affairs from 1996 to 2003. He was also a religious leader at the King Fahd Mosque in Culver City, Ca. with a reputation as an Islamic fundamentalist.

Basnan was an associate of Omar Abdul Rahman, the blind sheikh who is serving a life sentence for his role in supporting the 1993 World Trade Center bombing, the pleading says.

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