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Context of 'June 6, 2006: FBI Spokesman Says ‘No Hard Evidence’ Connects Bin Laden to 9/11'

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FBI spokesman Rex Tomb says that it will take time for criminal proceedings to commence against the people thought to be responsible for 9/11: “There’s going to be a considerable amount of time before anyone associated with the attacks is actually charged.” He continues, “To be charged with a crime, this means we have found evidence to confirm our suspicions, and a prosecutor has said we will pursue this case in court.” In mid-August 2007 Zacarias Moussaoui will be the only person charged in connection with 9/11 in the US, being sentenced to life in prison in spring 2006 (see May 3, 2006), but it is unclear if he was involved in the 9/11 plot or a planned follow up plot (see January 30, 2003). Osama bin Laden will not be charged in connection with his alleged participation (see June 6, 2006 and August 28, 2006). (Clewley 9/27/2001)

The government reveals in a closed-door court hearing that recent interrogations of top al-Qaeda prisoners indicate that Zacarias Moussaoui may have been part of a plot to hijack a fifth plane on the day of 9/11, perhaps with the White House as its target. This is in contrast to the government’s original accusation that Moussaoui was to be the “20th hijacker” on Flight 93. Because Moussaoui does not have a security clearance, he cannot see the classified evidence against him, but he later learns of this “fifth-jet theory” while reading a transcript of the hearing that was not thoroughly redacted. (Bohn and Bernardini 8/8/2003; Novak 10/19/2003) At Moussaoui’s 2006 trial (see March 6-May 4, 2006), the prosecution will support the fifth jet theory—which Moussaoui both admits (see March 27, 2006) and denies (see April 22, 2005)—arguing that he engaged in parallel conduct with the hijackers (see February 23-August 16, 2001) and was supported by the same people (see July 29, 2001-August 3, 2001 and June 13-September 25, 2000). The theory is also supported by the hearsay of what one of the hijackers reportedly told a relative. In February 2001, Khalid Almihdhar told a cousin that Osama bin Laden was planning to launch five attacks against the US (see Late October 2000-July 4, 2001). But during interrogations, some captured al-Qaeda leaders will reportedly insist that Moussaoui was only a back-up (see November 20, 2002), while others will claim that he was part of a follow-up operation (see Before 2008).

When journalists Joe and Susan Trento obtain a copy of the US international no-fly list, which the Transportation Security Administration uses to prevent known terrorists from flying to the US and other countries, they find that 14 of the alleged 9/11 hijackers are still on it. They are: Satam Al Suqami, Waleed Alshehri, Wail Alshehri, Abdulaziz Alomari, Hamza Alghamdi, Fayez Ahmed Banihammad, Ahmed Alghamdi, Mohand Alshehri, Majed Moqed, Hani Hanjour, Salem Alhazmi, Saeed Alghamdi, Ahmed Alnami, and Ahmed Alhaznawi. Shortly after 9/11, it was reported that some of the hijackers were still alive (see September 16-23, 2001) and this may be the reason for the apparent error, although the set of hijackers reported to be still alive and the set of 14 hijackers still on the no-fly list only partially overlap. (Trento and Trento 2006, pp. 189-192) The no-fly list also contains manifold problems and at least one other dead terrorist is on it (see March 2006).

Zacarias Moussaoui on his way to the Supermax prison.Zacarias Moussaoui on his way to the Supermax prison. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” (Dwyer 5/12/2006) As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” (Sniffen 5/8/2006)

When asked why Osama bin Laden’s wanted poster only mentions his alleged involvement in the East African embassy bombings, but not 9/11, Rex Tomb of the FBI’s public affairs unit says, “The reason why 9/11 is not mentioned on Osama bin Laden’s Most Wanted page is because the FBI has no hard evidence connecting bin Laden to 9/11.” (Masud 6/11/2006) The Washington Post will later pick up this story and say that bin Laden’s alleged involvement in the 9/11 operation is not mentioned on the poster because he has not been indicted for it (see August 28, 2006).

The Washington Post notes that Osama bin Laden has still not been indicted for his alleged role in 9/11 and that his entry in the FBI’s Ten Most Wanted list only mentions his involvement in the 1998 African embassy bombings. The FBI says the reason bin Laden is not officially wanted for 9/11 or the bombing of the USS Cole is that he has not yet been charged with involvement in the operations by the US. Bin Laden’s entry on a separate list, of the 25 most wanted terrorists, also fails to mention his alleged involvement in 9/11. According to the Post, “The curious omission underscores the Justice Department’s decision, so far, to not seek formal criminal charges against bin Laden” for 9/11. (Eggen 8/28/2006)

The FBI admits it is uncertain about who was responsible for the 9/11 attacks. In a book published in October 2006, investigative journalists Joseph Trento and Susan Trento will report that the US government’s no-fly list, which comprises the names of people who are prohibited from boarding commercial aircraft that depart from or arrive in the United States, still includes the names of 14 of the 19 men accused of being responsible for the 9/11 hijackings in official accounts, even though these men supposedly died five years ago (see March 2006). They will suggest that a possible reason for this anomaly is that “the FBI has never been able to confirm the real identities of many of the 9/11 hijackers” and note that on September 21, 2001, CNN reported that FBI Director Robert Mueller “acknowledged that some of those behind [the 9/11 attacks] may have stolen the identification of other people.” They will add that a “top FBI official” said there is uncertainty over who was responsible for 9/11. According to the unnamed official, “There is a real fear we have no assurances as to who really carried out the attacks.” (Sieberg 9/21/2001; Trento and Trento 2006, pp. 189-190, 192) The FBI has also stated that it has found “no hard evidence connecting [Osama] bin Laden to 9/11” (see June 6, 2006). (Masud 6/11/2006)


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