FBI Was Warned About Moussaoui
Agent Tells Court Of Repeated Efforts Before 9/11 Attacks
By Jerry Markon and Timothy Dwyer
Washington Post Staff Writers
Tuesday, March 21, 2006; A01
An FBI agent who interrogated Zacarias Moussaoui before Sept. 11, 2001, warned his supervisors more than 70 times that Moussaoui was a terrorist and spelled out his suspicions that the al-Qaeda operative was plotting to hijack an airplane, according to federal court testimony yesterday.
Agent Harry Samit told jurors at Moussaoui's death penalty trial that his efforts to secure a warrant to search Moussaoui's belongings were frustrated at every turn by FBI officials he accused of "criminal negligence." Samit said he had sought help from a colleague, writing that he was "so desperate to get into Moussaoui's computer I'll take anything."
That was on Sept. 10, 2001.
Samit's testimony added striking detail to the voluminous public record on the FBI's bungling of the Moussaoui case. It also could help Moussaoui's defense. Samit is a prosecution witness who had earlier backed the government's central theory of the case: that the FBI would have raised "alarm bells" and could have stopped the Sept. 11 attacks if Moussaoui had not lied to agents. But under cross-examination by the defense yesterday, Samit said that he did raise those alarms -- repeatedly -- but that his bosses impeded his efforts.
The testimony came as the sentencing hearing resumed for the only person convicted in the United States of charges stemming from the terrorist attacks on the World Trade Center and the Pentagon. Jurors in Alexandria will determine whether Moussaoui should live or die. The proceeding was derailed last week by the misconduct of government attorney Carla J. Martin, who improperly shared testimony with upcoming witnesses and coached them.
An angry U.S. District Judge Leonie M. Brinkema halted the hearing for a week. She barred the testimony of the witnesses Martin had contacted and all aviation evidence, gutting the government's case. But after prosecutors offered a compromise, Brinkema issued a revised order Friday saying they could use new aviation witnesses not tainted by Martin's conduct.
Brinkema began the day yesterday by welcoming jurors back to court and quizzing them about whether they had seen or read any of the extensive media coverage, which she had barred them from doing. When they shook their heads no in unison, the judge said, "You've been wonderful."
Nowhere to be seen was Martin, the Transportation Security Administration lawyer whom Brinkema has blamed for the disruption. She could face contempt of court or other criminal charges, and Moussaoui's attorneys had urged her to explain her actions at a special hearing yesterday. That hearing was never convened, and Brinkema did not mention it. Martin's attorney has said she would not testify.
Paul Bresson, an FBI spokesman, declined to comment on the testimony from Samit, who remains an agent in the FBI's Minneapolis office. The primary supervisor Samit accused of impeding his investigation, Michael Maltbie, said in a phone interview yesterday that the issues raised in court "have been looked at extensively by Congress, the Justice Department, my own people."
"The [FBI] director has given me a chance to respond to some of these issues that have come up," said Maltbie, a former counterterrorism supervisor at headquarters in Washington and now a supervisory special agent in Cleveland.
Moussaoui, 37, pleaded guilty in April to conspiring with al-Qaeda in the Sept. 11 attacks. He was sitting in jail on that day of terror because of his arrest a month earlier after his activities raised suspicion at a Minnesota flight school.
The FBI's missteps have been examined in depth by congressional investigators and the independent commission that investigated the Sept. 11 attacks.
Yesterday, as jurors watched images of FBI documents flashing on TV screens, defense attorney Edward B. MacMahon Jr. walked Samit through a recital of government mistakes, framing nearly every question with the words: "You wanted people in Washington to know that . . . right?''
MacMahon zeroed in on increasingly urgent warnings Samit issued to his FBI supervisors after he interviewed Moussaoui at a Minnesota jail in mid-August 2001. Moussaoui had raised Samit's suspicions because he was training on a 747 simulator with limited flying experience and could not explain his foreign sources of income.
By Aug. 18, 2001, Samit was telling FBI headquarters that he believed Moussaoui intended to hijack a plane "for the purpose of seizing control of the aircraft." A few days later, he learned from FBI agents in France that Moussaoui had been a recruiter for a Muslim group in Chechnya linked to Osama bin Laden.
But when Samit tried to use the French intelligence in his draft application for a Foreign Intelligence Surveillance Act warrant to search Moussaoui's belongings, he said, Maltbie edited out the connection with bin Laden because it did not show that a foreign government was involved.
"How are you supposed to establish a connection with a foreign power if it's deleted from the document?" MacMahon asked.
"Well, sir, you can't," Samit replied.
Samit said he also sent an e-mail to the FBI's bin Laden unit but did not receive a response before Sept. 11, 2001. By late August, the agent had concluded that Maltbie and other FBI officials were no longer interested in investigating Moussaoui. Samit acknowledged that he told the Justice Department's inspector general's office that his supervisors engaged in "criminal negligence" and were trying to "run out the clock" because they wanted to deport Moussaoui rather than prosecute him.
Most portions of the inspector general's report dealing with Moussaoui have never been made public.
"You thought a terrorist attack was coming, and you were being obstructed, right?" MacMahon asked.
"Yes, sir," Samit answered.
Samit said he kept trying to persuade his bosses to authorize the surveillance warrant or a criminal search warrant right up until the day before the planes hit the World Trade Center and the Pentagon.
"You never stopped trying, did you?" MacMahon said.
"No, sir," Samit replied.
Staff writer Dan Eggen and researcher Julie Tate contributed to this report.
© 2006 The Washington Post Company
Yeah, but let's take people's civil rights away thought the Patriot Act/NSA Spying when these asshats can't even use the legitimate powers to investigate...:rolleyes"
Agent Tells Court Of Repeated Efforts Before 9/11 Attacks
By Jerry Markon and Timothy Dwyer
Washington Post Staff Writers
Tuesday, March 21, 2006; A01
An FBI agent who interrogated Zacarias Moussaoui before Sept. 11, 2001, warned his supervisors more than 70 times that Moussaoui was a terrorist and spelled out his suspicions that the al-Qaeda operative was plotting to hijack an airplane, according to federal court testimony yesterday.
Agent Harry Samit told jurors at Moussaoui's death penalty trial that his efforts to secure a warrant to search Moussaoui's belongings were frustrated at every turn by FBI officials he accused of "criminal negligence." Samit said he had sought help from a colleague, writing that he was "so desperate to get into Moussaoui's computer I'll take anything."
That was on Sept. 10, 2001.
Samit's testimony added striking detail to the voluminous public record on the FBI's bungling of the Moussaoui case. It also could help Moussaoui's defense. Samit is a prosecution witness who had earlier backed the government's central theory of the case: that the FBI would have raised "alarm bells" and could have stopped the Sept. 11 attacks if Moussaoui had not lied to agents. But under cross-examination by the defense yesterday, Samit said that he did raise those alarms -- repeatedly -- but that his bosses impeded his efforts.
The testimony came as the sentencing hearing resumed for the only person convicted in the United States of charges stemming from the terrorist attacks on the World Trade Center and the Pentagon. Jurors in Alexandria will determine whether Moussaoui should live or die. The proceeding was derailed last week by the misconduct of government attorney Carla J. Martin, who improperly shared testimony with upcoming witnesses and coached them.
An angry U.S. District Judge Leonie M. Brinkema halted the hearing for a week. She barred the testimony of the witnesses Martin had contacted and all aviation evidence, gutting the government's case. But after prosecutors offered a compromise, Brinkema issued a revised order Friday saying they could use new aviation witnesses not tainted by Martin's conduct.
Brinkema began the day yesterday by welcoming jurors back to court and quizzing them about whether they had seen or read any of the extensive media coverage, which she had barred them from doing. When they shook their heads no in unison, the judge said, "You've been wonderful."
Nowhere to be seen was Martin, the Transportation Security Administration lawyer whom Brinkema has blamed for the disruption. She could face contempt of court or other criminal charges, and Moussaoui's attorneys had urged her to explain her actions at a special hearing yesterday. That hearing was never convened, and Brinkema did not mention it. Martin's attorney has said she would not testify.
Paul Bresson, an FBI spokesman, declined to comment on the testimony from Samit, who remains an agent in the FBI's Minneapolis office. The primary supervisor Samit accused of impeding his investigation, Michael Maltbie, said in a phone interview yesterday that the issues raised in court "have been looked at extensively by Congress, the Justice Department, my own people."
"The [FBI] director has given me a chance to respond to some of these issues that have come up," said Maltbie, a former counterterrorism supervisor at headquarters in Washington and now a supervisory special agent in Cleveland.
Moussaoui, 37, pleaded guilty in April to conspiring with al-Qaeda in the Sept. 11 attacks. He was sitting in jail on that day of terror because of his arrest a month earlier after his activities raised suspicion at a Minnesota flight school.
The FBI's missteps have been examined in depth by congressional investigators and the independent commission that investigated the Sept. 11 attacks.
Yesterday, as jurors watched images of FBI documents flashing on TV screens, defense attorney Edward B. MacMahon Jr. walked Samit through a recital of government mistakes, framing nearly every question with the words: "You wanted people in Washington to know that . . . right?''
MacMahon zeroed in on increasingly urgent warnings Samit issued to his FBI supervisors after he interviewed Moussaoui at a Minnesota jail in mid-August 2001. Moussaoui had raised Samit's suspicions because he was training on a 747 simulator with limited flying experience and could not explain his foreign sources of income.
By Aug. 18, 2001, Samit was telling FBI headquarters that he believed Moussaoui intended to hijack a plane "for the purpose of seizing control of the aircraft." A few days later, he learned from FBI agents in France that Moussaoui had been a recruiter for a Muslim group in Chechnya linked to Osama bin Laden.
But when Samit tried to use the French intelligence in his draft application for a Foreign Intelligence Surveillance Act warrant to search Moussaoui's belongings, he said, Maltbie edited out the connection with bin Laden because it did not show that a foreign government was involved.
"How are you supposed to establish a connection with a foreign power if it's deleted from the document?" MacMahon asked.
"Well, sir, you can't," Samit replied.
Samit said he also sent an e-mail to the FBI's bin Laden unit but did not receive a response before Sept. 11, 2001. By late August, the agent had concluded that Maltbie and other FBI officials were no longer interested in investigating Moussaoui. Samit acknowledged that he told the Justice Department's inspector general's office that his supervisors engaged in "criminal negligence" and were trying to "run out the clock" because they wanted to deport Moussaoui rather than prosecute him.
Most portions of the inspector general's report dealing with Moussaoui have never been made public.
"You thought a terrorist attack was coming, and you were being obstructed, right?" MacMahon asked.
"Yes, sir," Samit answered.
Samit said he kept trying to persuade his bosses to authorize the surveillance warrant or a criminal search warrant right up until the day before the planes hit the World Trade Center and the Pentagon.
"You never stopped trying, did you?" MacMahon said.
"No, sir," Samit replied.
Staff writer Dan Eggen and researcher Julie Tate contributed to this report.
© 2006 The Washington Post Company
Yeah, but let's take people's civil rights away thought the Patriot Act/NSA Spying when these asshats can't even use the legitimate powers to investigate...:rolleyes"
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