That's the thing.
They were already knocking on the door of Iraq and had that alibi sorted with the bullshite WMD stuff.
There was absolutely no interest what-so-ever in Afghanistan beforehand, and nothing really has come out of it since.
So to take THAT big a risk for something with no real gain just doesn't match up in my mind.
I take your point that the person refuelling may not know.
But it wouldn't take Sherlock Holmes to figure out a AA plane landing, taxing, being refuelled then taking off again at a military base then seeing the WTC crash on the news.
They'd also need to get their hands on a AA lived plane.
It's just too complex, too many people involved, too many witnesses, too big a risk and all to get something they don't even care about (public support).
As for war crimes,
Trust me the ICC based at the Hague care not one single jot about the Patriot Act
Thing is though, even if it didn't go that far, the top guys would be devastated to leave a legacy and history like that.