T5 B68 Congressional Materials Fdr- Entire Contents- Various Letters And Emails Re Saudi Flights 629

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Office of United States Senator

CHARLES E. SCHUMER SBNAIORFOSR NEW YORK STAOE Wasbington 313 Hart Senate Office Building Washington DC 20S10 0202)2244542 (202)228-1218/foc

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FAX TRANSMISSION TO:

|Inspector General Glen Fine

OF:

[Department of Justice

FAX

U202) 514^4482

FROM:

I Senator Chartes E. Schumer

PAGES: DATE:

COMMENTS:

13 In total

106/16/04

Hodiom Valley Rod Hook NY 12571 (914)235-9741 (842)75S-1043/fix

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0002

CHARLES E.SCHUMER NEW YORK

BANKING

Senate WASHINGTON, DC 20510

June 16,2004 Inspector General Glen Fine Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Dear Inspector General Fine: Recent revelations concerning a previously unroportcd flight carrying Saudi nationals, possibly including a member of the Saudi royal family, between Tampa, FL, and Lexington, KY, on September 13, 2001, has brought into question previous Federal Bureau of Investigation (FBI) reports concerning such flights. I am writing to urge you to conduct an immediate investigation into any failure of the FBI to disclose information related to the existence of flights by citizens of Saudi Arabia into and out of the United States immediately prior to and following the events of September 11,2001. In order to ensure that any remaining questions about these flights' passengers and purpose are addressed, I also urge you to prepare a comprehensive report for submission to Congress containing all information relating to the approval and conduct of domestic and international flights transporting Saudi Arabian nationals in the week prior to and following the terrorist attacks of 9/11. It has recently been reported that a LearJct 35 aircraft carrying six individuals, including three young Saudi Arabian men, one of whom is speculated to be a member of the royal family, flew from Tampa to Lexington just two days after the terrorist attacks of September 11,2001 hi order to allow the Saudis to board a flight from Lexington to London. These reports directly contradict the FBI's version of the events in which they claim that these individuals drove from Tampa to Lexington. It has also been reported that there is no manifest for the 9/13 flight and the Tampa International Airport Police Department has said that its records indicate no member of its force screened the plane's passengers. I am troubled that such a flight could have been allowed to take place just two days after the terrorist attacks of 9/11, and it is absolutely essential mat the information regarding the circumstances under which this flight was approved and why its existence was not previously disclosed are brought to light. The failure of the FBI to disclose the existence of this reported flight also raises the possibility that previous FBI disclosures regarding post 9/11 flights were incomplete and mat information regarding as of yet undisclosed flights and related matters may still exist. Revelations that the FBI did not fully disclose information directly related to such an important and sensitive topic can only serve to heighten doubts about previous statements concerning these flights and the fbrthrighmess of the federal government. In order to dispel these doubts all information regarding these flights must be disclosed so that Congress and the American people can understand why these flights were allowed to proceed.

JUDICIARY RULES

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Accordingly, large you to prepare a comprehensive report for Congress containing all previously disclosed flight information as well as any new information that may have not yet come to light. In addition, to passenger screening information, manifests, and destinations, the report should include a description of who was responsible for approving these flights, an explanation for the failure of the FBI to disclose the Tampa flight, and all existing information relating to these flights that has not previously been disclosed. In order to gain a complete comprehension of the terrorist attacks of September 1 1 , 200 1 , as well as the events and decisions that took place in their aftermath, it is crucial to learn why these flights were allowed to take place and why information regarding these flights has been so closely guarded. I thank you for your attention to this important matter. Sincerely,

Charles E. Schuraer United States Senate

U.S. Department of Justice

jfyfiffi

Office of the Inspector General

July 2, 2004 The Honorable Charles E. Schumer United States Senate Washington, D.C. 20510 Dear Senator Schumer: The Office of the Inspector General (OIG) received your letter dated June 16, 2004, asking the OIG to conduct an investigation into any failure by the Federal Bureau of Investigation (FBI) to disclose the existence of flights by citizens of Saudi Arabia into and out of the United States immediately prior to and following the events of September 11, 2001. We have carefully considered your request, but have decided not to open an investigation into this matter in light of the comprehensive review ongoing by the National Commission on Terrorist Attacks Upon the United States. Rather, we are forwarding your letter to the Commission for its consideration and review. Thank you for providing this information and request to the OIG. Please feel free to contact Deputy Inspector General Paul Martin or me if you have any further questions on this or any other matter. Sincerely,

Glenn A. Fine Inspector General cc: Philip D. Zelikow / Executive Director, National Commission on Terrorist Attacks Upon the United States

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Thomas a Kean CHAIR

FAX COVER SHEET

Lee H. Hamilton V1CB CHAIR

Richard Ben-Vcaiite MuGdand

To: Fax#:

EtedF. Fielding Jamie S.Gorelick SbdeGortoa

Date:

Jobs Lehman TimothyJ. Rocmer

Number of pages (including cover sheet):

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James R. Thompson

EXECUTIVE DIRECTOR

TEL (202) 331-4MO PAX (202) 296-5545 www.9-1 Icoounis sioo.gov

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Office of United States S(

CHARLES E. SC

X; K ' " STATES

SENATORFO* NEW YORK STATE Washington 313 Han Senate Office Building Washington DC 20510 (202)22^542 (202)22S-1218/fax Loag Inland Two Qreenway 145 Pino LawaRosd MelvnieNY 1J747 (631)753-0978

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FAX TRANSMISSION To:

[Thomas H. Kean and Lee H. Hamilton

OF:

National Commission on Terrorist Attacks

FAX:

1(202) 296-5545

FROM;

[Senator Charles E. Schumer

PAGES:

13 in total

DATE:

106/16/04

COMMENTS:

Hudson VaUey P.O. Box A RedHookNY 12571 (914)255-9741

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xiRLES E SCHUMER

COMMIT™*

NCWVORK

BANKING

United States $matt WASHINGTON, DC 20510

June 16,2004

Thomas H. Kean Chair National Commission on Terrorist Attacks

Lee H. Hamilton Vice Chflir National Commission on Terrorist Attacks

Upon the United States 301 7* Street, SW

Upon the United States 301 7th Street, SW

Room 5125

Room 5125

Washington, DC 20407

Washington, DC 20407

Dear Chair K^an and Vice Chair Hamilton: I am writing to urge you to conduct an immediate investigation into the failure of the Federal Bureau of Investigation (FBI) to disclose all information related to flights talcen by citizens of Saudi Arabia into or out of the United States immediately leading up to and following the events of September 11,2001, Recent revelations by your Commission that the FBI failed to fully disclose information regarding a reported flight between Tampa, FL, and Lexington, KY, carrying Saudi nationals on September 13,2001, raises serious questions regarding the accuracy and completeness of previous FBI reports. Accordingly, I urge the 9/11 Commission to seek full disclosure and reporting of all information related to any and all such pre and post-9/11 flights. It has recently been reported that in response to a request by the 9/11 Commission, Tampa International Airport has released records indicating that a LcarJct 35 aircraft carrying six individuals, including three young Saudi Arabian men, one of whom is purported to be a member of the royal femily> flew from Tampa to Lexington just two days after the terrorist attacks of September 11,2001 m order to allow me Saudis to board a flight from Lexington to London. It has also been reported that there is no manifest for the 9/13 flight and the Tampa International Airport Police Department has said that its records indicate no member of its force screened the plane's passengers. The F3I has reportedly claimed that air restrictions forced the individuals in question to drive from Tampa to Lexington. This assertion is completely at odds with the discovery of the reported Tampa flight and an investigation is needed to ascertain exactly how this discrepancy came to exist and why the FBI did not fully disclose its flight information. In order to prevent future failures to disclose mfbrmation critical to national security it is essential that the root causes of this problem be identified and remedied I urge the 9/11 Commission to undertake an investigation to examine the fall volume of FBI information regarding flights carrying Saudi Arabian nationals following the terrorist attack of September 11,2001, who approved these flights, what information was not adequately disclosed, who was responsible for directing disclosures, and remedies to prevent future

JUDICIARY

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disclosure failures. It is my strong belief that if necessary the 9/1 1 Commissioa should interview any relevant FBI personnel or convene additional proceedings, and should include the findings of its investigation in its final report. Revelations that the FBI did not fully disclose information directly related to such an important and sensitive topic can only serve to heighten doubts concerning previous reports about these flights and the forthnghtness of the federal government In order to dispel these doubts all information regarding these flights must be disclosed so that Congress and the American people can understand why these flights were allowed to proceed. <•

I thank you for your attention to this important matter. Sincerely,

Charles E. Schumer United States Senate

Dear Senator Boxer Thank you for your inquiry about the Saudi flights that left the United States after the 9/1 1 attacks. The Commission has already placed considerable information about the Saudi flights into the public record as part of Staff Statement # 1 0, available on the Commission website, at www.9-1 lcommission.gov . The pertinent excerpt from the Staff Statement is attached. What the Commission did not know in April, 2004 at the time of the Staff Statement is how the decision about the Saudi flights was made. We now have further information/^ r£4*rj> n-t " IPne e Deputy Chief of Mission at the Saudi Embassy contacted the FBI concerning the departure of members of the Bin Ladin family from the United States. Richard Clarke from the National Security Council staff does not recall who brought the matter to his attention, but he does recall tellingJhe_FBI that it needed tojcheck the names ofthose.— Saudis who wanted to depart. (JVhen the FBI hadcompleted its check of names^me question was brought before the viHeoleleconference meeting of the interagency Counterterrorism Security Group (CSG), chaired by Richard Clarke. Clarke recalls that the decision approving the Saudi flights was one in a flow "f ^indrfffK if nilMJT5^s^nrlg. of decisions that the CSG made 4uringthe course of the first 72 hoursaftejJ?/rF^) The Commission has no evidence that this decision was reviewed at any higher level of the U.S. government, or that there was any contemporaneous knowledge of this issue or decision at higher levels of government. The Commission's investigation continues. Please feel free to contact me on matters of mutual interest. With best regards, Lee Hamilton

TOM DAVIS, VIRGINIA. CHAIRMAN

HENRY A. WAXMAN, CALIFORNIA, RANKING MINORITY MEMBER

DAN BURTON, INDIANA

ONE HUNDRED EIGHTH CONGRESS

TOM LANTOS, CALIFORNIA

CHRISTOPHER SHAYS, CONNECTICUT

EDOLPHUS TOWNS NEWARK

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IH'RBVAN'HOLLEN MASRYAL5NDS CHRIS VAN HOLLEN. MARYLAND

21 57 RAYBURN HOUSE OFFICE BUILDING

JOHN SULLIVAN. OKLAHOMA

WASHINGTON, DC 2051 5-61 43 COOPER, TENNESSEE CHRIS BEL,TEXAS J1M

JOHN R. CARTER, TEXAS

MINORITY

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BEHNARD^NOERS, VERMONT,

www.house.gov/reform

February 10, 2004 The Honorable John Ashcroft Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Dear Mr. Attorney General: I am writing regarding the Justice Department's involvement with evacuating family members of Osama bin Laden, as well as other Saudi citizens, from the United States in the immediate aftermath of the September 1 1 attacks. This evacuation occurred at the same time that the FBI and other law enforcement officials were mounting the investigation of one of the most heinous crimes ever committed on U.S. soil. Yet media accounts have indicated that the U.S. government facilitated this exodus without providing for meaningful interviews with these individuals by the FBI. Relatives of Osama bin Laden may have had information relevant to the attacks or AlQaeda in general. Family members potentially could be sources of information concerning his whereabouts, the identity and activities of his associates, or the structure and financing of AlQaeda. It is difficult to understand why the United States government would have voluntarily shut the door on this type of investigative opportunity. The American public needs assurances that the Justice Department conducted appropriate investigation of the bin Laden family members and others who were allowed to leave the country immediately following September 1 1 . If such investigation did not occur, the public deserves to know why. I therefore request that you provide information regarding several serious unanswered questions described below. Background According to news accounts, approximately 140 Saudi citizens were rushed out of the United States in the days following the attacks of September 11, 200 1.1 One flight containing 24 members of Osama bin Laden's extended family reportedly left Washington, D.C. on September Saving the Saudis, Vanity Fair, 162, 175 (Oct. 2003).

The Honorable John Ashcroft February 10, 2004 Page 2 14.2 Another flew out of Logan Airport on September 18, 2001, with at least five bin Laden family members on board.3 A third plane reportedly left Logan on September 19, taking at least 11 additional bin Laden family members.4 Remarkably, to facilitate their departure, some Saudi citizens reportedly were allowed the use of a private jet during the time when the Federal Aviation Administration's post-September 11 ban on private aviation was still in effect. For example, a former FBI agent and a former member of the Tampa Police Department reportedly told Vanity Fair and the Tampa Tribune that they accompanied three Saudi men as bodyguards from Tampa, Florida, to Lexington, Kentucky, on a private jet on September 13.5 The FAA's ban on private aviation was not lifted until September 16, 2001 * According to some accounts, this frenetic effort to evacuate precluded in-depth FBI questioning of the Saudi individuals leaving the country. In a recent Vanity Fair article, former Executive Assistant Director for Counterterrorism/Counterintelligence Dale Watson states that, before flying out of the United States, the bin Laden family members and other Saudi citizens "were not subject to serious interviews or interrogations."7 The article further said that "according to sources who participated in the repatriation, they [the repatriated Saudis] left the U.S. without even being interviewed by the FBI."8 At least several members of the bin Laden family who had been in the United States may have been under examination by U.S. and other investigators.9 Vanity Fair reported that "secret FBI documents" describe a 1996 investigation of Abdullah and Omar bin Laden, who were associated with the American branch of the World Assembly of Muslim Youth, a charity that allegedly was involved in supporting terrorism.10 These documents also reportedly show that

2

Fearing Harm, Bin Laden Kin Fled from U.S., New York Times (Sept. 30, 2001).

3

Saving the Saudis, supra note 1, at 179.

4

Id.

5

Id. at 162,164, 166; Phantom Flight from Florida, Tampa Tribune (Oct. 5, 2001).

6 Debate Surrounds Federal Role for Air Security Workers, Buffalo News (Sept. 28, 2001); Statement of Paul Hudson, Executive Director of the Aviation Consumer Action Project, before the Senate Commerce Committee and Aviation Subcommittee on Aviation Security, Federal Aviation Security Standards, Federal Document Clearing House (Sept. 20, 2001). 7

Saving the Saudis, supra note 1, at 175.

8

Mat 164.

9

Id. at 175, 176.

10

Id.

The Honorable John Ashcroft February 10, 2004 Page3 "the file on Abdullah and Omar was reopened on September 19, 2001."n hi addition, Vanity Fair reported that Khalil bin Laden had come to the attention of Brazilian authorities for "possible terrorist connections" and that he was on one of the post-September 11 evacuation flights out of the U.S.12 The Administration to date has not publicly confirmed the identities of the evacuated Saudi individuals. But regardless of whether any of those evacuated were under investigation, involved with the September 11 attacks, or estranged from Osama bin Laden, any competent criminal investigation should have included thorough interviews with these individuals to ascertain whether they could provide any information relevant to the attacks or Al-Qaeda in general. The public statements of former Administration officials and others involved with the evacuation contrast sharply with official Administration statements on this matter. For example: •

The Decision to Allow Evacuation. This fall, the former head of the National Security Council's Counterrorism Security Group Richard Clarke confirmed in Senate testimony that the evacuation of these individuals was "a conscious decision with complete review at the highest levels of the State Department and the FBI and the White House."13 In media accounts, however, both the FBI and the State Department have denied involvement in facilitating flying the Saudi citizens out of the country.14 For example, Vanity Fair quoted FBI Spokesman John lannerelli as follows: "I can say unequivocally that the FBI had no role in facilitating these flights one way or the other."15

•

The FBI's Interviews of Departing Saudis. Contrary to the statements of Mr. Watson that the FBI did not conduct meaningful interrogations of the evacuating Saudis, and of other sources that reportedly said no interviews took place, Mr. lannerelli stated, "We did everything that needed to be done."16

•

Dates of Flights. With respect to the September 13 flight from Tampa to Lexington that a former FBI agent and a former member of the Tampa Police Department claimed to have 11

Mat 176.

12

Id.

13 Testimony of Richard Clarke, Senate Judiciary Committee, Hearing on Terrorism First Responders, FDCH Political Transcripts (Sept. 3, 2003). 14

Saving the Saudis, supra note 1, at 166.

15

M a t 175.

16 White House Approved Departure of Saudis after Sept. 11, Ex-Aide Says, New York Times (Sept. 4, 2003).

The Honorable John Ashcroft February 10, 2004 Page 4 taken with three Saudi men, the spokesman for the FAA denied that the flight took place, stating, "It's not in our logs It didn't occur."17 The FBI also has reportedly disputed some media accounts of dates when flights containing Saudi citizens left the United States.18 These conflicting explanations underscore that numerous questions regarding the postSeptember 11 evacuation of Saudis remain unresolved. Questions In the aftermath of the September 11 attacks, the Justice Department and FBI should have been integrally involved in any decision concerning individuals related to Osama bin Laden. I therefore hope you can shed light on the unresolved questions regarding this incident. Specifically, I request that you respond to the following questions: (1)

Who in the U.S. government made the decision to let relatives of Osama bin Laden and other Saudi citizens leave the United States in the days immediately following September 11,2001?

(2)

Who contacted the U.S. government to request this evacuation and when and with whom was such contact made?

(3)

Who coordinated the transportation of relatives of Osama bin Laden and other Saudi citizens out of the United States in the days immediately following September 11, 2001?

(4)

Were Abdullah and Omar bin Laden on any flight that was allowed to leave the United States between September 11, 2001, and September 20, 2001?

(5)

Provide the identity of all Saudi citizens who were allowed to leave the United States between September 11, 2001, and September 20, 2001.

(6)

Provide the dates and places of departure and arrival of any plane flights that transported relatives of bin Laden and other Saudi citizens within the United States during the FAA's post-September 11, 2001, ban on private aviation.

(7)

Provide the dates and places of departure and arrival of any plane flights that transported relatives of Osama bin Laden out of the United States between September 11, 2001, and September 20, 2001. 17

Phantom Flight from Florida, supra note 5.

18

E.g., Saving the Saudis, supra note 1, at 175.

The Honorable John Ashcroft February 10, 2004 PageS (8)

With respect to each relative of Osama bin Laden who was transported out of the United States by plane flight between September 11, 2001, and September 20, 2001, state the date and length of time of any pre-evacuation FBI interview.

(9)

Has the FBI sought to interview any Saudi individuals who were evacuated from the United States between September 11, 2001, and September 20, 2001, and are now in Saudi Arabia or other countries? If so, how many such individuals has the FBI been able to interview?

(10)

Did any officials within the FBI or Department of Justice raise concerns about the interview process at the time of the evacuations of the Saudi citizens? If so, who in the Department of Justice or FBI addressed those concerns and what was the response?

I look forward to your responses to these questions. Sincerely,

Henry A. Waxman Ranking Minority Member

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Tom Eldridge From: Marquittia Coleman Sent: Tuesday, May 18, 2004 2:39 PM To: Tom Eldridge Subject: Congressional Telephone Call Hello Tom: I rec'd a call from Mr. Tom Costa w/the House Subcommittee on National Security re submitting information to the Commission concerning the immediate departure of Bin Ladin's family after the 9/11 attacks on the US. Mr. Costa mentioned that Congressman Shays was briefed on this matter in Nov and Dec. 2001 and would like to provide information to us obtained from the briefing. If you are interested in speaking with Mr. Costa, please contact him on 202.225-2548. Please advise if this is not your issue.

Marquittia Cokman Staff Assistant 9/11 Commission 202.296.5528

5/18/2004

FW: FBI response to March 4 CSM article on bin Laden

Page 1 of 1

Tom Eldridge From:

Costa, Tom [[email protected]]

Sent:

Tuesday, May 18, 2004 4:51 PM

To:

Tom Eldridge

Subject: FW: FBI response to March 4 CSM article on bin Laden Email 1 —Original Message— From:

Costa, Tom

Sent: Wednesday, May 01, 2002 5:16 PM To:

Halloran, Larry; Shays, Chris

Cc:

Palarino, Nicholas

Subject:

FBI response to March 4 CSM article on bin Laden

Chris, Kevin Foust, Unit Chief of the FBI's Osama bin Laden unit, got back to me on the March 4 Christian Science Monitor article, "How bin Laden Got Away," that you asked him to take a look at during the briefing he gave us on the bin Laden family. In a nutshell, he said we have no information that anything in the article is accurate. The article is based on hearsay from untrustworthy sources. He commented that he's surprised we haven't seen a new video tape from bin Laden saying something to the effect of, "Ha ha, I'm live you evil Americans." He also said that they are searching very hard for real evidence as to bin Laden's whereabouts and whether he is dead or alive. Thanks again for the opportunity to ask questions during the hearing this afternoon. Tom

Thomas M. Costa Professional Staff Subcommittee on National Security, Veterans Affairs & International Relations Committee on Government Reform U.S. House of Representatives Washington, DC 20515 http://w\y\y.house.gov/reforfn/ns/

202-225-2548 (phone)/202-225-2382 (fax) [email protected] (email)

5/18/2004

: bin Laudin family departures

Page 1 of 2

Tom Eldridge From:

Costa, Tom [[email protected]]

Sent:

Tuesday, May 18, 2004 4:52 PM

To:

Tom Eldridge

Subject: FW: bin Laudin family departures Email 2 —Original Message— From: Costa, Tom Sent: To:

Thursday, November 15, 2001 4:17 PM Halloran, Larry; White, Diana; Palarino, Nicholas; Shays, Chris

Subject:

bin Laudin family departures

I spoke with Jim Langenberg (324-3180) and Paul Polombo (324-4510) at the FBI Congressional liaison office about the bin Laudin family departures following 9/11. Here is what I've found out so far: * The family members which left were brought to Texas where they were "fully" interviewed by the FBI, such that the FBI was "fully" satisfied. * Once, air travel restrictions were lifted, the family was then flown to either Boston or New York where Saudi Air flew them for free back to Saudia Arabia. The FBI is checking on the following questions: * Which members of the family were here prior to 9/11? Which members left the country? * Where family members notified they should leave by the US or Saudi governments? * How did the family notify the US government it wished to leave? * When was the family notified they could leave the country? * Was there any beauracratic difficulties (such as with the State Dept, Transportation Dept., or Saudi government) getting them out of the country and or questioning the family members? * How were the family members gathered in Texas — particularly if flights were grounded at the time? The FBI has offered to give you a briefing to answer further questions. Would you like that or will these answers be sufficient? I've also scheduled a briefing with the State Department on 11/27/01 at 2:00 pm, to discuss the bin Laudin family in general and insomuch as the information does not involve the events of 9/11, which State has said is strictly the FBI's to release.

Tom

Thomas M. Costa Professional Staff

5/18/2004

FW: bin Laudin family departures

Subcommittee on National Security, Veterans Affaks & International Relations Committee on Government Reform U.S. House of Representatives

Washington, DC 20515 http://www.housc.gov/reform/ns/ 202-225-2548 (phone)/202-225-2382 (fax) [email protected] (email)

5/18/2004

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