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There was a filing unsealed today in the prosecution of Dr. Al-Timimi that discusses the USG’s suspicion of him regarding anthrax weapons. It copies the counsel of record who is the daughter of the Amerithrax prosecutor who was hyping the “POI” of the other Amerithrax squad. It explains that Ali’s name was mentioned in the August 2001 PDB and explains he was an anthrax suspect. He called Bin Laden’s sheik on 9/16 and 9/18 and met with “9/11 imam” Aulaqi to discuss the missive hand-delivered to every member of Congress on the first anniversary of the anthrax letters to the Senators.

“After this case was remanded for the specific purpose of allowing a review of withheld evidence collected under the NSA domestic surveilance program or any other undisclosed program, the government delayed consideration of withheld evidence until counsel received security clearances. Once security clearances were activated, however, the government refused to allow the counsel to review a single piece of withheld evidence or any of the in camera submissions to the Court — not even redacted or summary versions of the evidence or in camera submissions.”
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“Despite repeated requests for an explanation from the government of why counsel cannot have access to material or review redacted or summary copies, the case has devolved into little more than a private conversation between the Court and shadow counsel.”

“The Court should reject the current posture of secrecy as preposterous and abusive. The government should have cleared counsel of record making these motions. The government should also explain why opposing counsel cannot have access under traditional classification rules or receive redacted or summary versions of these documents.”
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“In his discovery letter, Dr. Al-Timimi, by counsel, gave the government a detailed request covering a limited number of individuals. Besides material on him and obvious members of the “Virginia Jihad” associated by the government with the Dar Al-Arqam Islamic Center, Dr. Al-Timimi requested material related to only eight individuals ***

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“The government’s prior position was that any statements recollected or recorded by Dr. Al-Timimi on peace or war or Islamic duties were material. Thus, whether he was quoted or recorded on subjects of his views of religion or the United States, such statements were relevant to the question of whether “Timimi counseled and induced his followers to support terrorist groups that sought to destroy America.”
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“The government concedes that any interceptions of Dr. Al-Timimi would have to be disclosed, but insists that it has done so. It, however, limits this representation to “all communications in which he was a party that were intercepted by the NSA. *** There is every reason to believe that he was subject to interceptions given the government statements that it long suspected him of ties to Al Qaeda and bin Laden as well as his numerous international calls from inside and outside the country. [redacted passages, presumptively IMO about Amerithrax investigation] At trial, FBI Agent John Wyman testified that “the ... investigation were conducting, we know of extensive ties between Timimi, Hawaali, and other elements of the broader Al Qaeda network.” Wyman Transcript at 1172.

“The evidence that Dr. Al-Timimi was subject to undisclosed surveillance is obvious. The government is suggesting that it does not have a single captured conversation for an almost seventeen month period between 9-11 — and February 1, 2003 — not to mention surveillance before 9-11. Yet, we know Dr. Al-Timimi:

* was interviewed in 1994 by the FBI and Secret Service regarding his ties to the perpetrators of the first World Trade Center bombing;

* was referenced in the August 6, 2001 Presidential Daily Briefing (”Bin Laden Determined to Strike in US”) as one of seventy individuals regarding whom the FBI is conducting full field investigations on a national basis;

* was described to his brother by the FBI within days of the 9-11 attacks as an immediate suspect in the Al Qaeda conspiracy;

* was contacted by the FBI only nine days after 9-11 and asked about the attacks and its perpetrators;

* was considered an anthrax weapons suspect;

[redacted - passage presumptively IMO about Amerithrax investigation]

* was described during his trial by FBI agent John Wyman as having “extensive ties” with the “broader al-Qaeda network”;

* was described in the indictment and superseding indictment as being associated with terrorists seeking harm to the United States;

* was a participant in dozens of international overseas calls to individuals known to have been under suspicion of Al-Qaeda ties like Al-Hawali; and

* was associated with the long investigation of the Virginia Jihad Group.

It is facially absurd to suggest that the government does not have some of these communications. For years, the FBI has been asking about Dr. Al-Timimi and his associates. He was described as a terrorist suspect long before 9-11. It is preposterous to suggest that his many international and domestic communications were not intercepted. Notably, the government has never been required to submit confirmations of these interceptions and instead has continually hedged on whether they exist — referring to its view of materiality as relieving it of any need to disclose of such communications exist.

This is precisely the reason the Archives material was so important and the reason the defense sought to access to conduct its own search. There are numerous indications that Dr. Al-Timimi was under suspicion of these ties for years before his arrest. This is also the reason the defense has asked to see the FISA application.

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The conversation with Al-Hawali on September 19, 2001 was central to the indictment and raised at trial. Al-Timimi called Dr. Hawali after the dinner with Kwon on September 16, 2001 and just two hours before he met with Kwon and Hassan for the last time on September 19, 2001.

“]911 imam] Anwar Al-Aulaqi goes directly to Dr. Al-Timimi’s state of mind and his role in the alleged conspiracy. The 9-11 Report indicates that Special Agent Ammerman interviewed Al-Aulaqi just before or shortly after his October 2002 visit to Dr. Al-Timimi’s home to discuss the attacks and his efforts to reach out to the U.S. government.”

[IANA head] Bassem Khafagi was questioned about Dr. Al-Timimi before 9-11 in Jordan, purportedly at the behest of American intelligence. [redacted -presumptively about Amerithrax] He was specifically asked about Dr. Al-Timimi’s connection to Bin Laden prior to Dr. Al-Timimi’s arrest. He was later interviewed by the FBI about Dr. Al-Timimi. Clearly, such early investigations go directly to the allegations of Dr. Al-Timimi’s connections to terrorists and Bin Laden — [redacted / presumptively IMO about Amerithrax]”

The letter by Al-Timimi’s counsel attached as an exhibit is equally meaty. An example of an additional detail is that in March 2002, Dr. Al-Timimi spoke with Dr. Al-Hawali (Bin Laden’s sheik who was the subject of OBL’s “Declaration of War”) about assisting Moussaoui in his defense.

Final note:

The filing and the letter exhibit each copy the daughter of the lead prosecutor in Amerithrax. That prosecutor has pled the Fifth Amendment concerning all the leaks hyping the “POI” of the other Amerithrax squad.