A Matter of Missed Signals: FBI Agents Had Zacarias Moussaoui in Their Sights before September 11. What Happened? Weighing the Case
Isikoff, Michael, Klaidman, Daniel, Newsweek
Byline: Michael Isikoff and Daniel Klaidman
FBI agents in Minneapolis don't snag many cases involving international terrorists. The field office's counterterrorism unit, "Squad 5" in bureau lingo, has spent much of its time tracking down radical animal-rights activists and other domestic fringe groups. So when the squad got an urgent call last August from a flight instructor at the Pan Am Flight Academy in Eagan, Minn., they jumped at the case. There was a new student at the flight school, an irritable French Moroccan who seemed adamant about learning to fly a Boeing 747 jumbo jet, and right away. Zacarias Moussaoui had arrived a few days earlier and paid the $6,200 tuition in cash. His interest in big planes seemed especially odd, since it was obvious Moussaoui couldn't even handle a single-engine Cessna.
The Squad 5 agents dropped everything to pursue the Moussaoui case. When they discovered his visa had expired, they locked him up. They scoured his background, questioned his friends and roommate, and sent out requests to foreign governments for any records they might have on him. French intelligence came back with a tantalizing lead: Moussaoui was known to have "radical Islamic" beliefs and ties to followers of Osama bin Laden in Chechnya.
Certain they were on to something big, in early September the agents asked Washington for a special national-security search warrant, which would allow them to open a computer disk seized when they detained Moussaoui. But as NEWSWEEK first reported, the FBI's lawyers turned them down. There wasn't enough information to show Moussaoui was an "agent" of a foreign government or terrorist group. The investigation stalled. A few days later came September 11. The Squad 5 agents were devastated, believing they might have uncovered the plot if they'd had more time--and backup from Washington.
Last week the Justice Department showed just how close the agents might have been. In a sweeping indictment, the government alleges that Moussaoui was indeed part of the terrorist plot; the Feds believe he was supposed to have been the 20th hijacker. Claiming Moussaoui was an "active participant" in bin Laden's conspiracy to murder Americans, Attorney General John Ashcroft called the indictment "a chronicle of evil." (Moussaoui says he is innocent. "He's definitely going to fight this case," said his lawyer.) But in private, Justice officials are frustrated that, despite months of intensive investigation, the only person in the United States they've been able to connect in any way to the attack is a man they had in custody before it happened.
Despite the debate over secret military tribunals--or, perhaps, because of it--the administration chose to try Moussaoui in federal court, muffling complaints that tribunals would trample the Constitution in the name of national security. Instead, the Moussaoui trial will become a test case for future prosecutions of bin Laden's network.
The government's case against Moussaoui is largely circumstantial, but makes for a compelling tale. Moussaoui, now 33, fell under the influence of radical Islam in the mid-'90s while attending business school in England. As early as 1994, a French magistrate warned British intelligence about a young radical named "Zacarias." The Brits never followed up. The French tracked Moussaoui to Afghanistan, where they believe he trained in a Qaeda camp.
This information might have been useful to U.S. intelligence in the fall of 2000 when, according to the indictment, Moussaoui began trying to enter the United States on a student visa. Most investigators think Moussaoui was Al Qaeda's second choice to round out the hijacking team slated for United Airlines Flight 93--signed up only after suspected terrorist Ramzi bin al-Shibh failed to get into the United States. …