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sought a special warrant under the Foreign Intelligence Surveillance Act to
conduct the search (we introduced FISA in chapter 3).
To do so, however, the FBI needed to demonstrate probable cause that
Moussaoui was an agent of a foreign power, a demonstration that was not
required to obtain a criminal warrant but was a statutory requirement for a
FISA warrant.
95
The case agent did not have sufficient information to connect
Moussaoui to a "foreign power," so he reached out for help, in the United States
and overseas.
The FBI agent's August 18 message requested assistance from the FBI legal
attaché in Paris. Moussaoui had lived in London, so the Minneapolis agent
sought assistance from the legal attaché there as well. By August 24, the Min-
neapolis agent had also contacted an FBI detailee and a CIA desk officer at the
Counterterrorist Center about the case.
96
The FBI legal attaché's office in Paris first contacted the French government
on August 16 or 17, shortly after speaking to the Minneapolis case agent on
the telephone. On August 22 and 27, the French provided information that
made a connection between Moussaoui and a rebel leader in Chechnya, Ibn al
Khattab. This set off a spirited debate between the Minneapolis Field Office,
FBI headquarters, and the CIA as to whether the Chechen rebels and Khattab
were sufficiently associated with a terrorist organization to constitute a "for-
eign power" for purposes of the FISA statute. FBI headquarters did not believe
this was good enough, and its National Security Law Unit declined to submit
a FISA application.
97
After receiving the written request for assistance, the legal attaché in Lon-
don had promptly forwarded it to his counterparts in the British government,
hand-delivering the request on August 21. On August 24, the CIA also sent a
cable to London and Paris regarding "subjects involved in suspicious 747 flight
training" that described Moussaoui as a possible "suicide hijacker." On August
28, the CIA sent a request for information to a different service of the British
government; this communication warned that Moussaoui might be expelled
to Britain by the end of August. The FBI office in London raised the matter
briefly with British officials as an aside, after a meeting about a more urgent
matter on September 3, and sent the British service a written update on Sep-
tember 5. The case was not handled by the British as a priority amid a large
number of other terrorist-related inquiries.
98
On September 4, the FBI sent a teletype to the CIA, the FAA, the Customs
Service, the State Department, the INS, and the Secret Service summarizing
the known facts regarding Moussaoui. It did not report the case agent's per-
sonal assessment that Moussaoui planned to hijack an airplane. It did contain
the FAA's comment that it was not unusual for Middle Easterners to attend
flight training schools in the United States.
99
Although the Minneapolis agents wanted to tell the FAA from the begin-
ning about Moussaoui, FBI headquarters instructed Minneapolis that it could
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