Al-Timimi’s defense counsel, Professor Jonathan Turley, wrote an Op-Ed this past week arguing that the United States government faces civil liability for letting a dangerous person access to its anthrax program. I would have to say that the distinguished professor from George Washington University is correct.
In a filing unsealed this Spring, Professor Turley separately explained that his client “was considered an anthrax weapons suspect.” Al-Timimi was a computational biologist who had worked in the building housing the “Center for Biodefense” funded by the Defense Advanced Research Projects Agency (”DARPA”). He came to have an office 15 feet from the leading anthrax scientist and the former deputy commander of USAMRIID. Dr. Al-Timimi’s counsel summarizes:
“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]
* 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.
***
The conversation with [Bin Laden’s sheik] 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 ] 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]”
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.
The filing and the letter exhibit each copy defense co-counsel, the daughter of the lead prosecutor in Amerithrax. That prosecutor has pled the Fifth Amendment concerning all the leaks hyping a “POI” of the other Amerithrax squad, Dr. Steve Hatfill.
In an e-mail forwarded by USAMRIID researcher Bruce Ivins to FOX News, scientists at Fort Detrick openly discussed how the anthrax powder they were asked to analyze after the attacks was nearly identical to that made by one of their colleagues.
“Then he said he had to look at a lot of samples that the FBI had prepared ... to duplicate the letter material.” “Then the bombshell. He said that the best duplication of the material was the stuff made by [name redacted; FoxNews Catherine Herridge knows this name but is being coy]. He said that it was almost exactly the same — his knees got shaky and he sputtered, ‘But I told the General we didn’t make spore powder!’”
FOX News reports:
“The FBI has narrowed its focus to ‘about four’ suspects in the 6 1/2-year investigation of the deadly anthrax attacks of 2001, and at least three of those suspects are linked to the Army’s bioweapons research facility at Fort Detrick in Maryland, FOX News has learned.
Among the pool of suspects are three scientists — a former deputy commander, a leading anthrax scientist and a microbiologist — linked to the research facility, known as USAMRIID.”
Ali Al-Timimi worked in the same building as famed Russian bioweapons scientist Ken Alibek and former USAMRIID Deputy Commander and Acting Commander Charles Bailey. Al-Timimi was a current associate and former student of Bin Laden’s spiritual advisor, dissident Saudi Sheik al-Hawali. While anthrax scientist Bruce Ivins was dwelling on the girls of Kappa Kappa Gamma, Ali Al-Timimi was preaching on the end of times and the inevitability of the clash of civlizations. He was in active contact with the sheik whose detention had been the express subject of Bin Laden’s 1996 Declaration of War. At GMU, Dr. Bailey would publish a lot of research with the “Ames strain” of anthrax. The anthrax used in the anthrax mailings was traced to Bruce Ivins’ lab at USAMRIID, where Ivins, according to a former colleague, had done some work for DARPA that had included drying anthrax using a lyophilizer. Ali would speak along with the blind sheik’s son at charity conferences. — the blind sheik’s son served on Al Qaeda’s WMD committee. Al-Timimi’s mentor Bilal Philips was known for recruiting members of the military to jihad. The first week after 9/11, FBI agents questioned Al-Timimi. He was a graduate student in a program jointly run by George Mason University and the American Type Culture Collection (”ATCC”). Ali, according to his lawyer, had been questioned by an FBI agent and Secret Service agent in 1994 after the 1993 World Trade Center bombing. He had a high security clearance for work for the Navy in the late 1990s. The defense webpage reported that in 1996, for two months had worked for the White House Chief of Staff Andrew Card (who had been Secretary of Transportation in 1992-1993). As time off from his university studies permitted, Ali was an active speaker with the charity Islamic Assembly of North America.
The government claims that silicon was detected and yet nowhere explains how it came to be present in the anthrax attack if not present in the anthrax found in Ivins’ flask. An unnamed FBI source reports that anthrax has a natural tendency to absorb silicon from its environment if it is present in the culture medium or water used to grow it. The government finds it notable that Ivins worked late at the office. If you folks have any sense, you will be out having an affair with someone who adopted a fake name rather than working at the office because you like to hang out there.
Instead of inferring guilt for 5 capital murders based on working late, and speculating on possible alternative motives for sending deadly anthrax to Senator Daschle, let’s consider the documentary evidence relating to motive and intent.
George Tenet in his May 2007 In the Center of the Storm says: “Al-Qa’ida spared no effort in its attempt to obtain biological weapons. In 1999, al-Zawahiri had recruited another scientist, Pakistani national Rauf Ahmad, to set up a small lab in Khandahar, Afghanistan, to house the biological weapons effort. In December 2001, a sharp WMD analyst at CIA found the initial lead on which we would pull and, ultimately, unravel the al-Qa’ida anthrax networks. We were able to identify Rauf Ahmad from letters he had written to Ayman al-Zawahiri. ... We located Rauf Ahmad’s lab in Afghanistan. We identified the building in Khandahar where Sufaat claimed he isolated anthrax. We mounted operations that resulted in the arrests and detentions of anthrax operatives in several countries.”
Milton Leitenberg wrote in a chapter on evolving threats in Wenger and Wollenmann’s 2007 BIOTERRORISM: CONFRONTING A COMPLEX THREAT (2007):
“The first significant and meaningful information on what Al-Qaida may at some point have hoped to achieve in the area of bioweapons appeared on a single page in the journal SCIENCE in mid-December 2003, and then in declassified documents that were obtained in the last week of March 2004.
Appended to the single page in SCIENCE via the internet address was a list of thirty-two items: eleven books and twenty-one professional journal papers nearly all dating from the 1950s and 1960s dealing with pathogens or bioweapons.”
He explained: “They were found in Al Qaida training camp near Kandahar, Afghanistan, in December 2001. Half of the books dealt with historic or general aspects of bioweapons and would be of little practical use in an effort to produce bioweapons agents. However, at least some of the journal papers and the remaining half of the books might have been useful in such an effort. They were found only a few kilometers from the site near the Kandahar airport that confirmed the rudimentary equipment also procured by Al-Qaida.”Most important of all, the documents indicated that “al-Qaida’s BW initiative included recruitment of individuals with PhD-level expertise who supported planning and acquisition efforts by their familiarity with the scientific community.”
Mr. Leitenberg concludes: “If it should turn out, as is currently assumed, that the Amerithrax perpetrator came from within the US government’s own biodefense program, with access to strains, laboratories, people and knowledge, then all previous conceptions about the significance of the events would be substantially altered.” He observes that “Al-Qaeda has actively recruited educated college graduates and ... specifically sought individuals with particular knowledge and training. ... Such recruiting patterns do not automatically translate into either an interest or capability in bioweapons, but they would be a key advantage should the interests of such a group turn in that direction, as Al-Zawahiri’s [1999] memorandum quoted above suggests they may.”
Thus, Gerald Posner’s reference to Al Qaeda being in caves in Afghanistan on Keith Olberman last week indicates he is not paying sufficient attention.
In 1999, a scientist from Porton Down had reported to sfam members on a conference in Taos, New Mexico in August that included a talk by Tim Read, (TIGR, Rockville, USA) and concerned the whole genome sequencing of the Bacillus anthracis Ames strain. The Ames strain may have been a mystery to many after the Fall 2001 mailings, but not to motivated Society for Applied Microbiology (”SFAM”) members, one of whom was part of Ayman Zawahiri’s “Project Zabadi.”
As described by Dr. Peter Turnbull’s Conference report for SFAM on “the First European Dangerous Pathogens Conference” (held in Winchester) , at the September 1999 conference, the lecture theater only averaged about 75 at peak times by his head count. There had been a problem of defining “dangerous pathogen” and a “disappointing representation from important institutions in the world of hazard levels 3 and 4 organisms.” Papers included a summary of plague in Madagascar and another on the outbreak management of hemorrhagic fevers. Dr Paul Keim of Northern Arizona University presented a paper on multilocus VNTR typing, for example, of Bacillus anthracis and Yersinia pestis. There were more than the usual no-show presenters and fill-in speakers. In his report, Dr. Turnbull looked forward to a second, fully international conference in 2000 focused on the ever increasing problems surrounding hazard levels 3 and 4 organisms and aimed at international agreement on the related issues. University of Maryland researcher Milton Leitenberg reports that the conferences described in the correspondence had been in July and September 1999.
The Sunday at the start of the Organization of the Dangerous Pathogens meeting in September 2000, which the sfam director confirmed to me that Rauf Ahmad also attended, was gloomy. Planning had proved even more difficult than the International Conference on anthrax also held at the University of Plymouth, in September 1998. The overseas delegates included a sizable contingent from Russia. The organizers needed to address many thorny issues regarding who could attend. One of the scientists in attendance was Rauf Ahmad. The Washington Post reports: “The tall, thin and bespectacled scientist held a doctorate in microbiology but specialized in food production, according to U.S. officials familiar with the case.” Les Baillie the head of the biodefense technologies group at Porton Down ran the scientific program. Many of the delegates took an evening cruise round Plymouth harbour — the cold kept most from staying out on the deck. Later attendees visited the National Marine Aquarium — with a reception in view of a large tankful of sharks. Addresses include presentations on plagues of antiquity, showing how dangerous infectious diseases had a profound that they changed the course of history. Titles include “Magna pestilencia - Black Breath, Black Rats, Black Death”, “From Flanders to Glanders,” as well as talks on influenza, typhoid and cholera. The conference was co-sponsored by DERA, the UK Defence Evaluation and Research Agency.
Les Baillie of Porton Down gave a presentation titled, “Bacillus anthracis: a bug with attitude!” He argued that anthrax was a likely pathogen to be used by terrorists. As described at the time by Phil Hanna of University of Michigan Medical School on the sfam webpage, Baillie “presented a comprehensive overview of this model pathogen, describing its unique biology and specialized molecular mechanisms for pathogenesis and high virulence. He went on to describe modern approaches to exploit new bioinformatics for the development of potential medical counter measures to this deadly pathogen.” Bioinformatics was the field that Ali Al-Timimi, who had a security clearance for some government work and who had done work for the Navy, would enter by 2000 at George Mason University in Virginia.
Despite the cold and the sharks, amidst all the camaraderie and bonhomie no one suspected that despite the best efforts, a predator was on board — on a coldly calculated mission to obtain a pathogenic anthrax strain. The conference organizer Peter Turnbull had received funding from the British defense ministry but not from public health authorities, who thought anthrax too obscure to warrant the funding. By 2001, sponsorship of the conference was assumed by USAMRIID.
According to the Pakistan press, a scientist named Rauf Ahmad was picked up in October 2001 by the CIA in Karachi. The most recent of the correspondence reportedly dates back to the summer and fall of 1999. Even if Rauf Ahmad cooperated with the CIA, he apparently could only confirm the depth of Zawahiri’s interest in weaponizing anthrax and provided no “smoking gun” concerning the identity of those responsible for the anthrax mailings in the Fall 2001. His only connection with SFAM was a member of the society — he was not an employee. The Pakistan ISI, according to the Washington Post article in October 2006, stopped cooperating in regard to Rauf Ahmad in 2003.
I have uploaded scanned copies of some 1999 documents seized in Afghanistan by US forces describing the author’s visit to the special confidential room at the BL-3 facility where 1000s of pathogenic cultures were kept; his consultation with other scientists on some of technical problems associated with weaponizing anthrax; the bioreactor and laminar flows to be used in Al Qaeda’s anthrax lab; and the need for vaccination and containment. He explained that the lab director noted that he would have to take a short training course at the BL-3 lab for handling dangerous pathogens. Rauf Ahmad explained that his employer’s offer of pay during a 12-month post-doc sabbatical was wholly inadequate and was looking to Ayman to make up the difference. After an unacceptably low pay for the first 8 months, there would be no pay for last 4 months and there would be a service break. He had noted that he only had a limited time to avail himself of the post-doc sabbatical.
I also have uploaded a handwritten copy of earlier correspondence from before the lab visit described in the typed memo. The Defense Intelligence Agency provided the documents to me, along with 100+ pages more, pursuant to the Freedom of Information Act (”FOIA”). It turns out you just have to ask nice. 90 of the 100 pages are the photocopies of journal articles and disease handbook excerpts.
The Post, in an exclusive groundbreaking investigative report, recounts that the FBI’s New York office took the lead U.S. role — and its agents worked closely with the CIA and bureau officials in Pakistan in interrogating Rauf. Though not formally charged with any crimes, Rauf agreed to questioning. While the US media focused on the spectacle of bloodhounds alerting to Dr. Steve Hatfill and the draining of Maryland ponds, this former Al Qaeda anthrax operative provided useful leads. But problems began when the U.S. officials sought to pursue criminal charges, including possible indictment and prosecution in the United States. In earlier cases, such as the othopedic surgeon Dr. Amer Aziz who treated Bin Laden in the Fall of 2001, the Pakistani government angered the Pakistani public when it sought to prosecute professionals for alleged ties to al-Qaeda. In the case of Amer Aziz, hundreds of doctors, engineers and lawyers took to the streets to demand his release. In 2003, the Pakistanis shut off U.S. access to Rauf. By then, I had noticed the reporting of his arrest in a press article about the raid of a compound of doctors named Khawaja and published it on my website. According to Pakistani officials, there was not enough evidence showing that he actually succeeded in providing al-Qaeda with something useful. The CIA basically viewed him as an untalented loser. Since then, the Post reports, Rauf has been allowed to return to his normal life. Attempts by the Post to contact Rauf in Lahore were unsuccessful. Initially the government agency had said an interview would be possible but then backpedaled.
“He was detained for questioning, and later the courts determined there was not sufficient evidence to continue detaining him,” Pakistan’s information minister told the Post. “If there was evidence that proved his role beyond a shadow of a doubt, we would have acted on it. But that kind of evidence was not available.” This statement is odd given the documentary evidence that Rauf Ahmad was part of a conspiracy to obtain the anthrax under false pretenses and then weaponize it for Al Qaeda.
Yazid Sufaat got the job handling things at the lab instead of Rauf Ahmad. More importantly, Zawahiri, if keeping with his past experience, would have kept things strictly compartmentalized — leaving the Amerithrax Task Force much to do. Dr. Ahmad sent me his resume but then lost touch when he realized I had his correspondence with Ayman. He hadn’t listed Ayman as a reference. Did the computational biologist working alongside the Hadron people at the Center for Biodefense — he was in a program sponsored by the American Type Culture Collection — list Andrew Card as a reference on his resume. I spoke to his wife, who was very gracious, why Ali had a high security clearance when he worked with SRA in 1999, where the former deputy USAMRIID commander Bailey also worked in 1999. She said she could not answer any questions unless Ali’s counsel, Professor Turley, consented. His defense committee says only generally that he worked on mathematical support work for the Navy.
Gerald Posner has to understand the facts relating to Ali Al-Timimi before he speaks of Al Qaeda supporters living in caves. Heck, Aafia walked past Vollum (a different military strain) ever day in the Volen complex at Brandeis.
Why on earth is it even reasonable to think that Bruce Ivins would use the US Army strain for which he was the “go to” guy? 100 known people had access to the 8 strains known to be an identical match. If it is accessed and replicated once (unknown to the FBI), then that number greatly expands.