The Black Banners_ 9_11 and the War Against Al-Qaeda - Ali H. Soufan [82]
After hearing both arguments, FBI director Louis Freeh decided that agents from the two offices should go to Yemen until we found out who was behind the attack. Having to replace a WFO team with a NYO team, or the reverse, would waste the precious first weeks after an attack, when evidence is still on the ground and witnesses’ memories are fresh.
The next decision to make was who would represent the NYO. Pat Fitzgerald and another assistant U.S. attorney from the Southern District of New York, David Kelley, were consulted. They would be handling any prosecutions for the bombing, and they said that they wanted me. I had worked closely with both men on the 1998 East African embassy bombings, the millennium attacks in Jordan, and other cases. I was happy to be working alongside them again.
In terrorism prosecutions it’s necessary to have a case agent who is an expert in the organizations involved and who understands what is legally required to prosecute the culprits. Half the battle is determining who is responsible; the second half is capturing them and ensuring they’re prosecuted. With Fitzy’s much-vaunted memory came a dedication that put work before everything. He had a stove in his apartment in New York that wasn’t hooked up for ten years. When Heather, my girlfriend, joked with him about it, he said: “I don’t like to rush things.” He is the son of a doorman and went to school on a scholarship.
Kelley is a Renaissance man: a great lawyer and prosecutor, a sharp-witted intellectual, a volunteer professor at a law school, an NFL referee, and an athlete who keeps himself in top shape. I remember once checking security with John O’Neill on the roof of our hotel in Aden. We spotted Kelley swimming solitary laps. Everyone else was too worried about personal safety to use the pool. David wasn’t going to let the terrorists ruin his regimen. Instead of going to a gym, he ran up and down the hotel stairs. Whatever he does, he works hard to be the best at it. He’s also a pretty funny guy. When he first met Heather, he asked her what she did and she told him, “Social work. I work with children with challenges.” David said, “So that’s how you met him,” pointing at me.
Normally big teams of agents are sent to investigate an attack of the magnitude of the USS Cole bombing, but I was told that I could pick only three people from the New York office to go with me initially; the U.S. ambassador to Yemen, Barbara K. Bodine, was limiting the number of country clearances she was approving. (Unless the United States is at war, the State Department can limit the number of U.S. personnel allowed into a foreign country.) My superiors assured me that more would be allowed soon, but that in the meantime we should go ahead and start investigating.
I picked three colleagues from my I-49 squad: Steve Bongardt, George Crouch, and an NYPD detective stationed with the JTTF, Tom Ward. Steve was an obvious choice, as he was my partner on most of my cases at the time, and we worked well together. We were also close friends and spent a lot of our free time together, even double-dating. It is common for agents to spend their free time with other agents. You feel a kinship, having shared many of the same life-and-death experiences, but beyond that, because of the classified nature of the job, they’re the only people you can discuss your work with outside the office.
Steve is a former navy pilot, and, as we’d be working with the navy on the investigation, this background would be useful. He has that Top Gun mentality of navy pilots, which allows him to think outside the box and take on issues that others might be too timid to touch. This attitude later placed Steve at the forefront of the FBI’s pre-9/11 battle to break down the lack of intelligence sharing between the FBI and the CIA. He would not just go along with restrictions that damaged national security. It was in his nature to fight back. This showed itself on every level: despite having pulled a muscle in