August 28, 2001: A report is sent to the FBI's New York office recommending that an investigation be launched "to determine if [Khalid] Almihdhar is still in the United States." The New York office tries to convince FBI headquarters to open a criminal investigation, but are immediately turned down. The reason given is a "wall" between criminal and intelligence work - Almihdhar could not be tied to the Cole investigation without the inclusion of sensitive intelligence information. [Congressional Intelligence Committee, 9/20/02] So instead of a criminal case, the New York office opens an "intelligence case", excluding all the "criminal case" investigators from the search. [FBI Agent Testimony, 9/20/02] One FBI agent expresses his frustration in an e-mail the next day, saying, "Whatever has happened to this - someday someone will die - and wall or not - the public will not understand why we were not more effective and throwing every resource we had at certain 'problems.' Let's hope the [FBI's] National Security Law Unit will stand behind their decisions then, especially since the biggest threat to us now, UBL [Usama bin Laden], is getting the most 'protection."' [New York Times, 9/21/02, FBI Agent Testimony, 9/20/02]