Doing August 23, Don directed Martin and Robin to check out another NSLU lawyer, Tim, towards Moussaoui case. Predicated on Martin, Wear considered that Tim will be consulted as he handled counterterrorism matters full time hence have got much more expertise than just Howard.

Martin by mouth briefed Tim on the affairs of one’s Moussaoui situation but didn’t give your that have all documents. Nothing of one’s users about appointment remembered specifically exactly what facts was basically talked about. Tim took a few notes about the talk in the schedule, and the notes echo one to Tim is informed one Moussaoui is actually a keen Arab who was in-flight university and you will who’d encouraged a friend out-of their to fight for the Muslim end up in for the Chechnya. Tim mentioned that he failed to remember sharing which have Martin and you may Robin this new Chechen rebels just as one foreign stamina. Tim added that it was brand new character of SSA and you will Apple’s ios, not the newest NSLU attorney, to identify the fresh new overseas power based on their analysis of your offered cleverness. He together with suggested that the reason that the Chechen rebels was indeed not chatted about given that a different electricity are once the, at the time, these people were considered participants in the a civil battle, never as a radical organization. Tim advised brand new OIG that whilst in theory new Chechen rebels could have been a different electricity, due to the fact “anything could be a different stamina,” it had been their realizing that so it don’t take place in behavior ahead of .

Both Martin and Tim advised the fresh new OIG that Tim’s pointers is your Minneapolis FBI lacked enough proof of a different fuel discover an excellent FISA guarantee. Tim advised Martin that Minneapolis would need to collect facts help Moussaoui’s connection to a foreign stamina so you’re able to obtain an excellent FISA warrant.

He added that even if the Chechen rebels had been felt a good foreign energy not as much as FISA, the FBI still could have was required to reveal that Moussaoui is actually a realtor of the foreign energy

Tim told the fresh new OIG one to Martin’s “attitude” during the presenting possible are that “he didn’t consider [ Minneapolis] need to have the latest FISA” however, one Minneapolis “wanted you to definitely.” Centered on Tim, he had been really busy with several other number at that time and you may informed Martin when your panels required so much more attention, Martin would need to come across several other NSLU lawyer.

Tim informed the fresh new OIG he failed to investigate Phoenix EC up until a bit shortly after September 11. Regarding when it will have had an impact on his legal services http://www.datingmentor.org/ios/, Tim mentioned, “I can’t let you know it could were sufficient for a beneficial FISA.” He and reported that the newest Phoenix EC don’t have provided enough advice to connect Moussaoui to help you a different power. However, Tim mentioned that, if the he had known about the Phoenix EC, however have chosen to take it to help you a lawyer in the OIPR so you’re able to discuss the Moussaoui matter actually, he said is actually in keeping with how he’d acted within the for the last. He asserted that whenever you are “the Middle East pilots” been trained in the usa, the new Phoenix EC will have provided a theory to attempt to link Moussaoui to help you a foreign fuel under FISA. 129

Martin says to Minneapolis the FISA consult wasn’t an urgent situation

On August twenty-four, Martin and you may Gary discussed the options for the Minneapolis FBI within the desire a beneficial FISA guarantee to have Moussaoui. Martin mentioned that this new Moussaoui state did not meet the requirements due to the fact an crisis, hence required advice one to an “impending work from terrorism” involved to take place, and then he added the brand new FISA consult lacked enough proof an effective link with a well-known international stamina. 130