This is not the first time this information has come to light. The only new details are those from Delta Force, but the rest of the story is old news.......
U.S. Concludes Bin Laden Escaped at Tora Bora Fight
Failure to Send Troops in Pursuit Termed Major Error
By Barton Gellman and Thomas E. Ricks
Washington Post Staff Writers
Wednesday, April 17, 2002; Page A01
Intelligence officials have assembled what they believe to be decisive evidence, from contemporary and subsequent interrogations and intercepted communications, that bin Laden began the battle of Tora Bora inside the cave complex along Afghanistan's mountainous eastern border. Though there remains a remote chance that he died there, the intelligence community is persuaded that bin Laden slipped away in the first 10 days of December.
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FROM 2005
NY Times
One of them was Brig. Gen. James N. Mattis, the commander of some 4,000 marines who had arrived in the Afghan theater by now. Mattis, along with another officer with whom I spoke, was convinced that with these numbers he could have surrounded and sealed off bin Laden's lair, as well as deployed troops to the most sensitive portions of the largely unpatrolled border with Pakistan. He argued strongly that he should be permitted to proceed to the Tora Bora caves. The general was turned down. An American intelligence official told me that the Bush administration later concluded that the refusal of Centcom to dispatch the marines - along with their failure to commit U.S. ground forces to Afghanistan generally - was the gravest error of the war.
A week or so after General Mattis's request was denied, the turning point in the battle of Tora Bora came. It was Dec. 12. Hajji Zaman had by now realized that the Qaeda fighters were better armed than his men and that they were also prepared to die rather than surrender to him. He was also becoming increasingly irritated with Hazarat Ali and with the snow. And in a few days the feast of Eid al-Fitr, which ends Ramadan, would begin. The stalemate, the Americans' surrogate commander decided, simply had to end. So, through a series of intermediaries and then directly, Hajji Zaman made radio contact with some of bin Laden's commanders and offered a cease-fire. The Americans were furious. The negotiations - to which Hazarat Ali acquiesced since he, too, was now holding secret talks with Al Qaeda - continued for hours. By the time they came to an end, Hajji Zaman's interlocutor, hidden somewhere in the caves above, was probably bin Laden's son Salah Uddin. If the Qaeda forces surrendered, Hajji Zaman's contact said, it would be only to the United Nations. Then he requested additional time to meet with other commanders. He would be back in touch by 8 the following morning, the younger bin Laden said.
American intelligence officials now believe that some 800 Qaeda fighters escaped Tora Bora that night. Others had already left; still others stayed behind, including bin Laden. "You've got to give him credit," Gary Schroen, a former C.I.A. officer who led the first American paramilitary team into Afghanistan in 2001, told me. "He stayed in Tora Bora until the bitter end." By the time the Afghan militias advanced to the last of the Tora Bora caves, no one of any significance remained: about 20 bedraggled young men were taken prisoner that day, Dec. 17.
http://www.nytimes.com/2005/09/11/magazine/11TORABORA.html?pagewanted=print