January 5, 2001 and After: CIA Does Not Tell FBI about Identification of Al-Qaeda Leader by Informer, but Allegedly Thinks It Has Done So

After an informer later referred to as “Omar” tells the CIA that al-Qaeda leader Khallad bin Attash was at al-Qaeda’s Malaysia summit (see January 4, 2001), the CIA fails to communicate this information to the FBI, even though it is important for their investigation of the USS Cole bombing and connects 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi to the Cole bombers. Omar is a joint FBI/CIA source, but the FBI assistant legal attaché responsible for him will later say he does not know of this identification and documentation he drafts at this time indicates he is unaware of it. It is unclear why the FBI agent is unaware of the identification, although he does not speak Omar’s language and may have been out of the room making photocopies when Omar identified bin Attash in a photo of the Malaysia summit for his CIA counterpart. The CIA officer who shows the photos will later say he has no independent recollection of any particular meeting with Omar. However, when Omar previously identified a photo of bin Attash provided by Yemeni authorities on December 16, 2000 (see November 22-December 16, 2000), the CIA officer had the source repeat the identification specifically for the benefit of the FBI assistant legal attaché and the cable he drafted about the meeting said this clearly. In addition, the assistant legal attaché will later say that he recalls the specific circumstances of the previous debriefing and will be able to recount them, including the identification of bin Attash in the photograph provided by the Yemenis. The CIA officer drafts three cables about the January 4 meeting; one internal cable provides little detail about the meeting, but says bin Attash was identified in one of the photos, a cable to the general US intelligence community fails to mention the identification of bin Attash, as does a third cable, which is sent to the CIA. However, according to statements made by CIA officials after 9/11, at this time the CIA thinks that the FBI knows that bin Attash has been identified in the photos. For example, Director of the CIA’s Counterterrorist Center Cofer Black will tell the 9/11 Congressional Inquiry, “[O]ur records establish that the Special Agents from the FBI’s New York Field Office who were investigating the USS Cole attack reviewed the information about the Kuala Lumpur photo in late January 2001.” However, there is no documentary record of information about the second identification placing bin Attash in Kuala Lumpur with the two hijackers being passed to the FBI. In addition, in July 2001 CIA manager Tom Wilshire will suggest passing this information to the FBI (see July 13, 2001), possibly meaning he thinks it is not passed at this time. [US Department of Justice, 11/2004, pp. 264-278 ]