Doing August 23, Don brought Martin and Robin to consult with some other NSLU lawyer, Tim, in regards to the Moussaoui situation. Considering Martin, Don believed that Tim are consulted just like the the guy managed counterterrorism matters full time and therefore could have got a lot more possibilities than just Howard.

Martin by mouth briefed Tim with the points of your Moussaoui case but didn’t render your with any of the records. Not one of one’s players throughout the conference remembered particularly just what issues was basically talked about. Tim grabbed a number of notes concerning the discussion inside the diary, and the notes echo you to definitely Tim is informed that Moussaoui is actually a keen Arab who why not look here was simply in flight university and you will who had recommended a buddy from their to combat on Muslim lead to into the Chechnya. Tim asserted that the guy didn’t remember discussing with Martin and you may Robin the fresh new Chechen rebels just as one overseas electricity. Tim added it absolutely was the latest part of one’s SSA and you will Apple’s ios, not brand new NSLU attorneys, to understand the latest foreign power predicated on its research of the available cleverness. He plus suggested your reason why the newest Chechen rebels was in fact maybe not chatted about given that a different electricity are because, at that time, these were seen as participants when you look at the a municipal war, notably less a terrorist providers. Tim advised the newest OIG that whilst in principle the fresh new Chechen rebels might have been a foreign power, because the “some thing is a foreign strength,” it was his realizing that this don’t happen in behavior before .

Both Martin and Tim advised the latest OIG you to Tim’s suggestions try that Minneapolis FBI lacked adequate proof of a foreign strength to find a FISA warrant. Tim advised Martin you to Minneapolis will have to gather much more information support Moussaoui’s connection to a foreign fuel to see a FISA guarantee.

He added you to even when the Chechen rebels have been thought an excellent foreign fuel less than FISA, the fresh new FBI still might have was required to demonstrate that Moussaoui is actually an agent of the international strength

Tim advised this new OIG one Martin’s “attitude” when you look at the presenting your situation is actually you to definitely “the guy didn’t believe [ Minneapolis] need to have brand new FISA” but one Minneapolis “wanted you to.” According to Tim, he was extremely busy that have several other count at that time and you can told Martin that when your panels requisite alot more focus, Martin will have to select some other NSLU attorney.

Tim informed the brand new OIG that he don’t read the Phoenix EC until some time immediately following Sep 11. With regard to whether or not it will have got an effect on their legal counsel, Tim said, “I am unable to reveal it can was basically adequate having a FISA.” The guy plus stated that the newest Phoenix EC would not have offered enough recommendations for connecting Moussaoui to help you a different electricity. However, Tim said that, in the event the he previously understood in regards to the Phoenix EC, he’d have taken it to help you an attorney into the OIPR so you can talk about the Moussaoui amount actually, he told you was in line with how he had acted inside the going back. He asserted that when you are “the Middle East pilots” been trained in the us, the brand new Phoenix EC might have provided a principle to try to hook Moussaoui so you’re able to a foreign power not as much as FISA. 129

Martin tells Minneapolis their FISA demand wasn’t an emergency

Toward August 24, Martin and you may Gary chatted about your options with the Minneapolis FBI during the seeking an effective FISA warrant to have Moussaoui. Martin asserted that the newest Moussaoui state didn’t qualify while the a keen emergency, and this called for suggestions you to definitely an enthusiastic “certain work off terrorism” was about to take place, and he extra new FISA request lacked adequate proof of an effective link with a well-known international electricity. 130