Page:Canestraro Declaration (2021).pdf/15

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behavior was unusual in that analysts did not work undercover and their employment with the CIA was not classified information.

During November of 2016, I interviewed a former FBI agent whose identity is known to me and is herein referred to by the cryptonym CS-12. CS-12 told me that he/she served as an FBI Special Agent in the New York Field Office during 2001. CS-12 stated that he/she was assigned to the investigation of the bombing of the USS Cole in Yemen.

CS-12 recalled that sometime in June of 2011, he/she and other FBI agents met with CIA representatives regarding the Cole investigation and other terrorism matters. CS-12 recalled that the CIA analysts from UBL Station may have attended the meeting as well. CS-12 recalled that an FBI analyst detailed to FBI Headquarters also attended the meeting.

CS-12 recalled that the FBI analyst told him/her that there were certain information sharing restrictions regarding the photographs due to the “wall” that was erected between intelligence and investigations. CS-12 explained that a “wall” had existed per Department of Justice and other government agency guidelines between information gleaned from intelligence sources and information obtained during the course of a criminal investigation. According to CS-12, the “wall” had been erected to prevent agents from leaking classified information to unauthorized individuals during Grand Jury or other court proceedings.

CS-12 stated that during the meeting, FBI agents were shown three photographs of suspected terrorists. CS-12 stated that the CIA asked him/her if one of the photographs was Fahd Al-Quso, an Al-Qaeda operative suspected of involvement in the bombing of the USS Cole. CS-12 told the CIA that he/she was unsure if any of the photos were Al-Quso. CS-12 stated that another FBI agent at the meeting began to ask CIA officials pointed questions regarding the photographs. CS-12 recalled that his/her FBI colleague asked CIA officials “where are the other photographs?” and “where is the surveillance report?”

CS-12 stated that the CIA refused to provide any additional details regarding the surveillance photos along with biographical information regarding the subjects of the photos. CS-12 explained to me that a standard investigative technique at the time that the meeting took place was to put a “stop” on all terrorist subjects under an agent’s investigative purview. CS-12 stated that a “stop” is law enforcement term for a border crossing alert on a particular subject. CS-12 stated that once a “stop” is issued, agents are alerted immediately when a subject comes into the United States from another country via a computer system.

CS-12 recalls asking the meeting attendees “who is doing stops?” on the three subjects. CS-12 stated that no one at the meeting had placed a “stop” on any of the three subjects in the photographs. CS-12 related that he/she argued with the FBI analyst on the need to place “stops” on the subjects of the photographs. CS-12 stated that he eventually learned that one of the subjects of the photographs was Khalid Al-Mihdhar and that the other was Nawaf Al-Hazmi.

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