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Context of 'March 17-24, 2009: Fox Satirical Show Mocks Canadian Soldiers, Draws Outrage'

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The FBI Minneapolis field office wishes to search Zacarias Moussaoui’s belongings, which will later be found to contain enough information to potentially stop 9/11 (see August 16, 2001). To do so it must get the approval of the Radical Fundamentalist Unit (RFU) at FBI headquarters. However, the RFU throws obstacles in the warrant request’s path:
bullet RFU chief Dave Frasca stops the Minneapolis office from pursuing a criminal warrant (see August 21, 2001);
bullet When French authorities say that Moussaoui is connected to the Chechen rebels, RFU agent Mike Maltbie insists that the FBI representative in Paris go through all telephone directories in France to see how many Zacarias Moussaouis live there (see August 22, 2001);
bullet Maltbie stops Minneapolis from informing the Justice Department’s Criminal Division about the case (see August 22, 2001);
bullet When RFU agent Rita Flack, who is working on the Moussaoui case, reads the Phoenix memo suggesting that bin Laden is sending pilots to the US for training, she apparently does not tell her colleagues about it, even though it was addressed to several of them, including Frasca (see July 10, 2001 and August 22, 2001);
bullet The RFU does not provide the relevant documentation to attorneys consulted about the request. In particular, Flack does not tell them about the Phoenix Memo, even though one of the attorneys will later say she asked Flack if anyone is sending radical Islamists to the US to learn to fly (see August 22-28, 2001);
bullet When Minneapolis learns Moussaoui apparently wants to go on jihad, Frasca is not concerned and says jihad does not necessarily mean holy war. However, a top Justice Department attorney will later say “he would have tied bells and whistles” to this comment in a request for a search warrant had he known this (see August 17, 2001 and August 29, 2001);
bullet Maltbie tells the Minneapolis office that getting a warrant will “take a few months” (see August 24, 2001). He also tells Minneapolis, “We know what’s going on. You will not question us.” (see August 27, 2001);
bullet Maltbie weakens the warrant request by editing it and removing a statement by a CIA officer that Chechen rebel leader Ibn Khattab was closely connected to Osama bin Laden, despite there being intelligence linking that leader to bin Laden (see August 28, 2001);
bullet In a key meeting with an attorney about the request, Maltbie and Flack, who are submitting the warrant, are adamant that it is not sufficiently supported (see August 28, 2001);
bullet Frasca opposes a plan to put an undercover officer in the jail cell with Moussaoui to find out more information about his connections to Islamic militants (August 29, 2001 and Shortly After);
bullet The RFU does not want a Minneapolis agent to accompany Moussaoui when he is deported (see (August 30-September 10, 2001));
bullet The RFU does not re-consider getting a criminal search warrant after a decision is taken not to seek a warrant under the Foreign Intelligence Surveillance Act (see After August 28, 2001);
bullet Frasca and Maltbie are said to oppose a search warrant after 9/11 (see September 11, 2001).
It is unclear why the RFU opposes the warrant so strongly. The Justice Department’s Office of Inspector General will later criticize the RFU staff, but will conclude that they did not intentionally sabotage the warrant application. (US Department of Justice 11/2004, pp. 101-222 pdf file) A 2004 book by independent researcher Mike Ruppert will speculate that Frasca is actually a CIA agent. Ruppert suggests that the CIA placed Frasca in the FBI to prevent CIA operations from being compromised by FBI investigations. But he does not provide any direct evidence of ties between Frasca and the CIA (see October 1, 2004). The Minneapolis agents will offer a different interpretation of RFU actions. Coleen Rowley will say, “I feel that certain facts… have, up to now, been omitted, downplayed, glossed over and/or mischaracterized in an effort to avoid or minimize personal and/or institutional embarrassment on the part of the FBI and/or perhaps even for improper political reasons.” She asks, “Why would an FBI agent deliberately sabotage a case? The superiors acted so strangely that some agents in the Minneapolis office openly joked that these higher-ups ‘had to be spies or moles… working for Osama bin Laden.’… Our best real guess, however, is that, in most cases avoidance of all ‘unnecessary’ actions/decisions by FBI [headquarters] managers… has, in recent years, been seen as the safest FBI career course. Numerous high-ranking FBI officials who have made decisions or have taken actions which, in hindsight, turned out to be mistaken or just turned out badly… have seen their careers plummet and end. This has in turn resulted in a climate of fear which has chilled aggressive FBI law enforcement action/decisions.” (Time 5/21/2002) Minneapolis FBI agent Harry Samit will agree with explanation, telling the Justice Department’s Office of Inspector General that the RFU is guilty of “obstructionism, criminal negligence, and careerism.” (Sniffen 3/20/2006) Samit will also say that Maltbie even told him he was acting this way to “preserve the existence of his advancement potential” in the FBI. (Riley 3/21/2006)

On August 21, the FBI’s legal attache in London hand-delivers a request for information about Zacarias Moussaoui to British officials. On August 24, the CIA tells the British that Moussaoui is a possible “suicide hijacker” who is involved in “suspicious 747 flight training.” The CIA asks for information on him on August 28. The FBI raises the matter with the British again on September 3 and again on September 5. Although the British do not respond to these requests until just after 9/11, French intelligence, which has been sharing information about Moussaoui with the British (see 1999), sends the FBI some information about Moussaoui’s activities and history in England (see August 22, 2001). Then, on September 13, 2001, the British supposedly learn new information that Moussaoui attended an al-Qaeda training camp in Afghanistan (see 1995-1998). The 9/11 Commission will conclude, “Had this information been available in late August 2001, the Moussaoui case would almost certainly have received intense and much higher-level attention.” A British official will complain, “We passed on all the relevant information [about Moussaoui] as soon as we obtained it.” (Borger 4/14/2004; 9/11 Commission 7/24/2004, pp. 274-75) However, the British had Moussaoui under surveillance in 2000 (see Mid-2000-December 9, 2000), and appear to have failed to pass on any information about this surveillance or what it uncovered.

Margaret Gillespie, an FBI agent detailed to the CIA who has just found out that future 9/11 hijacker Khalid Almihdhar is in the US (see August 21-22, 2001), suggests asking failed Millennium bomber Ahmed Ressam whether he recognizes Almihdhar, but the proposal is not acted on. Ressam was arrested on his way to bomb Los Angeles airport (see December 14, 1999), but has been co-operating with the US government against al-Qaeda (see May 30, 2001). Gillespie makes the suggestion in an e-mail to Tom Wilshire, a CIA representative to the FBI. It is unclear what Wilshire does with the suggestion, but Ressam is not interviewed. When shown photos of Almihdhar after 9/11, Ressam will not recognize him. The FBI also fails to ask Ressam about Zacarias Moussaoui before 9/11, but shortly after 9/11 Ressam will identity Moussaoui as a person that attended al-Qaeda’s camps in Afghanistan (see Late August-Early September 2001). (9/11 Commission 7/24/2004, pp. 275-6, 541)

Rita Flack, an intelligence operations specialist with the FBI’s Radical Fundamentalist Unit, is looking for evidence of ties between Zacarias Moussaoui and a foreign power so the agency can obtain a warrant to search Moussaoui’s belongings (see August 21, 2001). On this day, she comes across the Phoenix memo written by FBI agent Ken Williams (see July 10, 2001) which observed that an unusual number of Islamic radicals are taking aviation training in the US. In the memo, Williams suggested that bin Laden may be coordinating the flight training as part of preparations for a terrorist attack. Flack prints the Phoenix memo. She will later tell the Justice Department’s Office of Inspector General that it is her usual practice to read the documents she prints, but she will not recall actually reading the Phoenix memo. She will also say she did not give the memo to anyone else, including colleague Mike Maltbie or the Minneapolis FBI field office. Nor did she discuss it with anyone, she says. After 9/11, she will say that there was nothing in the memo that would have bolstered Moussaoui’s connection to a foreign power, although this will be disputed by three National Security Law Unit attorneys (see August 22-28, 2001). The Justice Department’s Office of Inspector General will state: “We believe she should have at least recognized the relevance of the [memo] and the potential relationship of its theories to the Moussaoui case… We think [Flack] should have brought the Phoenix [memo] to someone’s attention.” (US Department of Justice 11/2004, pp. 145-6, 217-8 pdf file; US Department of Justice 3/1/2006 pdf file) The Senate Judiciary Committee will also later say, “The [Phoenix memo] contained information that was material to the decision whether or not to seek a FISA warrant in the Moussaoui case.” (US Congress 2/2003)

Scientist Steven Hatfill, a future suspect in the October 2001 anthrax attacks (see October 5-November 21, 2001), loses his high-level Department of Defense security clearance. He had apparently misrepresented some things on his resume. He is working at a private company at this time (see 2000-2002), but no explanation is given to his employers. He is allegedly visibly angry over this. Some colleagues will later report suspicions about him to the FBI, thinking that his anger might have led him to send off the anthrax-laced letters. (Shane 7/18/2002; ABC News 8/11/2002)

The FBI fails to ask Ahmed Ressam, an al-Qaeda operative arrested during the Millennium alert (see December 14, 1999), whether he can identify Zacarias Moussaoui. Agents in Seattle holding Ressam receive a general notification about the Moussaoui case, but it lacks urgency and they do not follow up on it with Ressam (see September 4, 2001). When asked shortly after 9/11, Ressam will say he recognizes Moussaoui from al-Qaeda’s training camps in Afghanistan. The 9/11 Commission will conclude that had Ressam been shown photos of Moussaoui and identified him before 9/11, the FBI would have been able to search his belongings. The belongings contain enough information to potentially prevent 9/11 (see August 16, 2001). The FBI also fails to ask Ressam whether he recognizes Khalid Almihdhar at this time, although Ressam has never met Almihdhar and will not identify him after 9/11 (see August 21, 2001). (Sunday Times (London) 2/3/2002; 9/11 Commission 7/24/2004, pp. 275-6, 541)

In April 2001, the CIA analyzed some “intriguing information associated with a person known as ‘Mukhtar.’” The CIA didn’t know who this was at the time, only that he was associated with top al-Qaeda deputy Abu Zubaida and that he seemed to be involved in planning al-Qaeda activities. On August 28, 2001, the CIA receives a cable reporting that Khalid Shaikh Mohammed (KSM) has the nickname of Mukhtar (which means “brain” in Arabic). However, apparently no one at the CIA’s bin Laden unit makes the connection between this new information and the April 2001 information. The 9/11 Commission writes, “Only after 9/11 would it be discovered that Muhktar/KSM had communicated with a phone that was used by [Ramzi] bin al-Shibh, and that bin al-Shibh had used the same phone to communicate with [Zacarias] Moussaoui [who is in US custody by this time.]” (US Congress 7/24/2003, pp. 322; 9/11 Commission 7/24/2004, pp. 277)

Conservative pundit and author David Horowitz labels the entire United Nations World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance as itself “racist.” Horowitz, in an appearance on Fox News’s Hannity and Colmes, refers to the conference, about to be held in Durban, South Africa, as being “run by Arab and African states… all of them, to a, to a state, practically, maybe there’s one that’s not a dictatorship, it’s racist.” He applauds the Bush administration’s decision not to send a senior representative to the conference. (Media Matters 12/1/2004)

I-49, a squad of FBI agents and Justice Department prosecutors that began focusing on bin Laden in 1996 (see January 1996), is upset that the NSA is not sharing its monitoring of the phone calls of Khalid Shaikh Mohammed (KSM). The squad builds their own antenna in Madagascar specifically to intercept KSM’s calls. (Wright 2006, pp. 344) It has not been revealed when this antenna was built or what was learned from this surveillance. However, there have been media reports that the NSA monitored some phone calls between KSM and Mohamed Atta in the summer of 2001 (see Summer 2001). Further, US intelligence monitored a call between KSM and Atta a day before 9/11 that was the final go-ahead for the attacks (see September 10, 2001). So presumably the I-49 squad should have known about these calls as well if this antenna did what it was designed to do.

Patrick Philbin.Patrick Philbin. [Source: Daylife (.com)]Patrick Philbin joins the Justice Department’s Office of Legal Counsel (OLC). Philbin is an old friend and colleague of the OLC’s John Yoo; both graduated from Yale and both clerked for Judge Laurence Silberman and Supreme Court Justice Clarence Thomas. Philbin has no experience in the legalities surrounding national security issues; he spent the 1990s working for a corporate law firm helping telecommunications companies sue the Federal Communications Commission. Philbin joins the OLC with the expectation of working solely with administrative law. But after the 9/11 attacks, he will be asked to help Yoo handle the unexpected raft of national security issues. His first real work in the area of national security will be his finding (see November 6, 2001) that the president has untrammeled power to order the establishment of military commissions (see Late October 2001 and November 13, 2001). (Savage 2007, pp. 136)

Oklahoma City District Attorney Wes Lane announces that Oklahoma will continue prosecuting convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) on 160 state charges of murder, in part because the state fears Nichols may win his federal appeals (see June 4, 1998). “I will not roll the dice on this issue. There is simply too much at stake,” Lane says. He says that the state will seek the death penalty against Nichols. Lane took over the case after District Attorney Robert Macy retired in June 2001; some have speculated that Oklahoma might drop the case due to the expenditure, the difficulty of finding an impartial jury, and the emotional toll on the victims of another trial. Nichols’s lead lawyer for the state case, Brian Hermanson, writes in a letter quoted by local newspapers that Nichols was willing to drop his appeals and accept a federal life sentence to avoid a state trial. The letter states: “Taking such a step ensures that he will spend the rest of his life in prison. It would enable Mr. Lane to drop the state prosecution, thereby sparing Oklahoma the trauma and expense of another trial.” Lane responds that “the interests of the people of the State of Oklahoma cannot be vindicated by the blind reliance on the federal government or Terry Lynn Nichols,” and says he will seek sanctions against Hermanson for what he calls a “glaring, blatant violation” of a state court order not to discuss the case. Shelly Thompson, who lost her mother in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995), says: “You can’t just get away with a little bit of a crime. We’re going to go for the whole thing. I want to make sure he will stay in prison for his life. This is something I need to do for her. He was not found guilty in my mother’s death and 159 other deaths. They are more than numbers.” (Thomas 9/6/2001; The Oklahoman 4/2009; Mayhem (.net) 4/2009)

A training exercise is held at New York’s La Guardia Airport, based around the scenario of a terrorist attack with a biological weapon. Mark Edelman, chief external relations officer of the Greater New York chapter of the American Red Cross, will later say the Greater New York chapter has been preparing for the possibility of a biological terrorist attack since the bombing of the Murrah Federal Building in Oklahoma City in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995). And today—“the very Saturday before September 11”—there is “a bioterror drill at La Guardia Airport,” he will add. Details of what the exercise involves are unstated. Whether any agencies other than the Red Cross participate in the exercise is also unstated. (Philanthropy News Digest 12/7/2001) La Guardia Airport is located eight miles from midtown Manhattan in the borough of Queens, New York, and is operated by the Port Authority of New York and New Jersey. (Braun and Gjorgievska 7/27/2015; Malo 7/27/2015) Another exercise is being held there today by the New York City Fire Department Bureau of Emergency Medical Services, which is based around a simulated plane crash (see September 8, 2001). (Asaeda 3/2002)

David O. Cooke.David O. Cooke. [Source: US Department of Defense]Some Pentagon Renovation Program workers are concerned about the possibility of a plane being deliberately crashed into the Pentagon. This is according to Stacie Condrell, the leader of the Pentagon Renovation Program’s planning, relocation, requirements integration, standards, and space management group. Condrell will say, shortly after 9/11, that although the emergency response to an attack on the Pentagon was not part of its area of responsibility, her group had been “involved, as builders, in what we can do to be smarter and better prepared against things like” the 9/11 attack on the Pentagon.
Workers Contemplate a 'Crazy Pilot' Crashing a Plane into the Pentagon - She will say that, before 9/11, “the particular plane incident” her group thought might happen would involve “one of the regularly scheduled US Air commuter flights from North Carolina that flies directly over the center courtyard [of the Pentagon] 10 or 12 times a day.” This plane “would have a crazy pilot who would crash into the building.” The reason her group had this concern, Condrell will say, is that “all of the people specifically involved in analyzing the physical threat to our environment”—such as the secretary of defense, the other military secretaries, and members of the Defense Threat Reduction Agency and the Defense Protective Service—“mention over and over again that [the Pentagon is] the only national military headquarters in the world that allows commercial overflight.” (Condrell 10/30/2001)
Administrator Considers the Possibility of a Plane Hitting the Pentagon - David O. “Doc” Cooke, the Pentagon’s director of administration and management, will similarly say that the event of a plane being deliberately crashed into the Pentagon is seen as a possibility before 9/11. He will say that ways in which the Pentagon might be attacked that are considered possible include “a small aircraft, probably containing explosives, which would either drop the explosive or possibly dive into the building.” (Cooke 10/18/2001)
An Explosion outside the Pentagon Is Seen as the Biggest Threat - However, Lee Evey, manager of the Pentagon Renovation Program from November 1997, will say that an attack involving an explosion outside the building is considered the biggest danger to the Pentagon. When asked what he had considered the most likely threat to the Pentagon before 9/11, he will say that a “blast”—meaning an external explosion—“as a threat to the building was very much on our minds.” He will add that the Oklahoma City and Khobar Towers bombings in 1995 and 1996, respectively (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 25, 1996), “really influenced our thinking.” (Evey 10/22/2001) Due to this concern, around 1997 or 1998, the Army Corps of Engineers performs simulations to measure how much damage the Pentagon would suffer if a truck bomb exploded outside it. (Glatz 12/7/2001; Vogel 2007, pp. 417) The Pentagon Renovation Program, which began in the early 1990s, involves a complete overhaul of the interior of the Pentagon. (Wood 9/30/2005) From 1998, upgrading security at the Pentagon is one of its priorities. (Goldberg et al. 2007, pp. 6)

Just prior to 9/11, the CIA and FBI do not have enough staff working on al-Qaeda. Only 17 to 19 people are working in the FBI’s special unit focusing on bin Laden and al-Qaeda. (US Congress 9/18/2002) The FBI has a $4.3 billion anti-terrorism budget, but of its 27,000 employees, just 153 are devoted to terrorism analysis. (Alcorn 6/8/2002) The FBI’s “analytic expertise has been ‘gutted’ by transfers to operational units” and only one strategic analyst is assigned full time to al-Qaeda. The FBI office in New York is very aware of the threat from bin Laden, but many branch offices remain largely unaware. (US Congress 9/18/2002) A senior FBI official later tells Congress that there are fewer FBI agents assigned to counterterrorism on this day than in August 1998, when the US embassy bombings in Africa made bin Laden a household name. (Risen 9/22/2002) The CIA has only about 35 to 40 people assigned to their special bin Laden unit. It has five strategic analysts working full time on al-Qaeda. (US Congress 9/18/2002) The CIA and FBI later complain that some of these figures are misleading. (Risen 9/18/2002) “Individuals in both the CIA and FBI units… reported being seriously overwhelmed by the volume of information and workload prior to September 11, 2001.” Despite numerous warnings that planes could be used as weapons, such a possibility was never studied, and a congressional report later blames lack of staff as a major reason for this. (US Congress 9/18/2002) Senator Patrick Leahy (D-VT) also notes, “Between the Department of Justice and the FBI, they had a whole task force working on finding a couple of houses of prostitution in New Orleans. They had one on al-Qaeda.” (CBS News 9/25/2002)

The Sphinx Trading sign.The Sphinx Trading sign. [Source: National Geographic]Some of the 9/11 hijackers rent mailboxes from a company called Sphinx Trading, which was also used by ‘Blind Sheikh’ Omar Abdul-Rahman and at least one of his associates. The mailboxes are located in Jersey City, New Jersey, four doors down from the mosque where Abdul-Rahman was imam in the early 1990s. El Sayyid Nosair, who assassinated Rabbi Meir Kahane and was linked to the Islamic militant cell Abdul-Rahman headed (see November 5, 1990 and December 7, 1991), also had a mailbox there before he was arrested in 1990. Sphinx Trading is owned by Waleed al-Noor, who was named an unindicted co-conspirator at the ‘Landmarks’ bomb plot trial (see June 24, 1993). The hijackers will later obtain fake IDs from al-Noor’s partner, Mohamed el-Atriss. The names of the hijackers who had mailboxes there are never given, but in the summer of 2001 el-Atriss interacts with hijackers Nawaf Alhazmi, Abdulaziz Alomari, Khalid Almihdhar, and Hani Hanjour (see (July-August 2001)), at least. (Hanley 6/25/2003; Schwanberg 10/20/2003; Lance 2006, pp. 372-4; Kelly 9/11/2006) An FBI agent will later comment: “The fact that this location was where Almihdhar, in particular, got his bogus credentials, is not only shocking, it makes me angry. The [Joint Terrorist Task Force] in the [New York Office] had this location back in 1991. In the mid-90s they listed al-Noor, the coowner, as a coconspirator, unindicted in the plot to blow up bridges and tunnels. And now we find out that this is the precise location where the most visible of all the hijackers in the US got his ID? Incredible. All the Bureau’s New York Office had to do was sit on that place over the years and they would have broken right into the 9/11 plot.” (Lance 2006, pp. 373)

The hole caused by the Flight 11 crash.The hole caused by the Flight 11 crash. [Source: Reuters]Flight 11 slams into the WTC North Tower (Building 1). Hijackers Mohamed Atta Waleed Alshehri, Wail Alshehri, Abdulaziz Alomari, and Satam Al Suqami presumably are killed instantly, and many more in the tower will die over the next few hours. Seismic records pinpoint the crash at 26 seconds after 8:46 a.m. (CNN 9/12/2001; New York Times 9/12/2001; North American Aerospace Defense Command 9/18/2001; Cauchon 12/20/2001; Federal Emergency Management Agency 5/1/2002, pp. 1-10; Dwyer et al. 5/26/2002; Levin, Adams, and Morrison 8/13/2002; Associated Press 8/21/2002; Adcock 9/10/2002) The NIST report states the crash time to be 8:46:30. (National Institute of Standards and Technology 9/2005, pp. 19) The 9/11 Commission Report states the crash time to be 8:46:40. (9/11 Commission 7/24/2004, pp. 7) Investigators believe the plane still has about 10,000 gallons of fuel (see 8:57 a.m. September 11, 2001). (Dwyer et al. 5/26/2002) The plane strikes the 93rd through 99th floors in the 110-story building. No one above the crash line survives; approximately 1,360 people die. Below the crash line, approximately 72 die and more than 4,000 survive. Both towers are slightly less than half full at the time of the attack, with between 5,000 to 7,000 people in each tower. This number is lower than expected. Many office workers have not yet shown up to work, and tourists to the observation deck opening at 9:30 A.M. have yet to arrive. (Cauchon 12/20/2001; National Institute of Standards and Technology 9/2005, pp. 20-22) The impact severs some columns on the north side of the North Tower. Each tower is designed as a “tube-in-tube” structure and the steel columns which support its weight are arranged around the perimeter and in the core. The plane, which weighs 283,600 lb and is traveling at an estimated speed of around 430 mph (see October 2002-October 2005), severs 35 of the building’s 236 perimeter columns and damages another two. The damage to the South Tower’s perimeter will be similar (see 9:03 a.m. September 11, 2001). (National Institute of Standards and Technology 9/2005, pp. 5-9, 20, 22) The perimeter columns bear about half of the tower’s weight, so this damage reduces its ability to bear gravity loads by about 7.5 percent. (National Institute of Standards and Technology 9/2005, pp. 6) The actual damage to the 47 core columns is not known, as there are no photographs or videos of it, but there will be much speculation about this after 9/11. It will be suggested that some parts of the aircraft may have damaged the core even after crashing through the exterior wall. According to the National Institute of Standards and Technology (NIST): “Moving at 500 mph, an engine broke any exterior column it hit. If the engine missed the floor slab, the majority of the engine core remained intact and had enough residual momentum to sever a core column upon direct impact.” (National Institute of Standards and Technology 9/2005, pp. 107) According to NIST’s base case computer model, three of the core columns are severed and another ten suffer some damage. (National Institute of Standards & Technology 9/2005, pp. 189 pdf file) If this is accurate, it means that the impact damage to the core reduces the Tower’s strength by another approximately 7.5 percent, meaning that the building loses about 15 percent of its strength in total. This damage will be cited after 9/11 by NIST and others researchers as an event contributing to the building’s collapse (see October 23, 2002 and October 19, 2004). In addition, some of the fireproofing on the steel columns and trusses may be dislodged. The original fireproofing on the fire floors was mostly Blazeshield DC/F, but some of the fireproofing on the flooring has recently been upgraded to Blazeshield II, which is about 20 percent denser and 20 percent more adhesive. (National Institute of Standards & Technology 9/2005, pp. xxxvi, 83 pdf file) Photographs and videos of the towers will not show the state of fireproofing inside the buildings, but NIST will estimate the damage to it using a computer model. Its severe case model (see (October 2002-October 2005)) will predict that 43 of the 47 core columns are stripped of their fireproofing on one or more floors and that fireproofing is stripped from trusses covering 60,000 ft2 of floor area, the equivalent of about one and a half floors. NIST will say that the loss of fireproofing is a major cause of the collapse (see April 5, 2005), but only performs 15 tests on fireproofing samples (see October 26, 2005). (National Institute of Standards and Technology 9/2005, pp. 23) According to NIST, more fireproofing is stripped from the South Tower (see 9:03 a.m. September 11, 2001).

Charles Burlingame.Charles Burlingame. [Source: Family photo / Associated Press]The 9/11 Commission says the hijacking of Flight 77 takes place between 8:51 a.m., when the plane transmits its last routine radio communication (see 8:51 a.m. September 11, 2001), and 8:54 a.m., when it deviates from its assigned course (see (8:54 a.m.) September 11, 2001). Based on phone calls made from the plane by flight attendant Renee May (see (9:12 a.m.) September 11, 2001) and passenger Barbara Olson (see (9:20 a.m.) September 11, 2001), the commission concludes that the hijackers “initiated and sustained their command of the aircraft using knives and box cutters… and moved all of the passengers (and possibly crew) to the rear of the aircraft.” It adds, “Neither of the firsthand accounts to come from Flight 77… mentioned any actual use of violence (e.g., stabbings) or the threat or use of either a bomb or Mace.” (9/11 Commission 7/24/2004, pp. 8-9; 9/11 Commission 8/26/2004, pp. 29) People who knew Charles Burlingame, the pilot of Flight 77, will later contend that it would have required a difficult struggle for the hijackers to gain control of the plane from him. (Washington Post 9/11/2002) Burlingame was a military man who’d flown Navy jets for eight years, served several tours at the Navy’s elite Top Gun school, and been in the Naval Reserve for 17 years. (Associated Press 12/6/2001) His sister, Debra Burlingame, says, “This was a guy that’s been through SERE [Survival Evasion Resistance Escape] school in the Navy and had very tough psychological and physical preparation.” (Cohen 12/30/2003) Admiral Timothy Keating, who was a classmate of Burlingame’s from the Navy and a flight school friend, says, “I was in a plebe summer boxing match with Chick, and he pounded me.… Chick was really tough, and the terrorists had to perform some inhumane act to get him out of that cockpit, I guarantee you.” (CNN 5/16/2006) Yet the five alleged hijackers do not appear to have been the kinds of people that would be a particularly dangerous opponent. Pilot Hani Hanjour was skinny and barely over 5 feet tall. (Goldstein, Sun, and Lardner 10/15/2001) And according to the 9/11 Commission, the “so-called muscle hijackers actually were not physically imposing,” with the majority of them being between 5 feet 5 and 5 feet 7 in height, “and slender in build.” (9/11 Commission 6/16/2004) Senator John Warner (R-VA) later says “the examination of his remains… indicated Captain Burlingame was in a struggle and died before the crash, doing his best to save lives on the aircraft and on the ground.” (White 12/8/2001)

Bush’s motorcade arrives at Booker Elementary School.Bush’s motorcade arrives at Booker Elementary School. [Source: Lions Gate Films]President Bush’s motorcade arrives at Booker Elementary School for a photo-op to promote his education policies. (Sack 9/16/2001; Plunket 11/2001; Langley 12/16/2001; Bayles 9/10/2002; Krueger 9/10/2002; ABC News 9/11/2002; Sammon 10/7/2002) If he left the Colony Resort around 8:35 a.m. as reported, the timing of his arrival at 8:55 a.m. is consistent with the fact that the trip from the resort to the school is said to take 20 minutes. The Booker Elementary School is reportedly “well-equipped for the brief presidential visit. Police and Secret Service agents [are] on the roof, on horseback and in every hallway. The White House [has] installed 49 new phone lines for staffers and reporters.” (Sack 9/16/2001; Adair and Hegarty 9/8/2002; Andersen 12/1/2002)

Flight 175 hits the WTC South Tower. The picture was taken from a traffic helicopter.Flight 175 hits the WTC South Tower. The picture was taken from a traffic helicopter. [Source: WABC 7/ Salient Stills]Flight 175 hits the South Tower of the World Trade Center (Tower Two). Seismic records pinpoint the time at six seconds before 9:03 a.m. (rounded to 9:03 a.m.). Hijackers Marwan Alshehhi, Fayez Ahmed Banihammad, Mohand Alshehri, Hamza Alghamdi, and Ahmed Alghamdi presumably are killed instantly, and many more in the tower will die over the next few hours. (New York Times 9/12/2001; CNN 9/12/2001; CNN 9/17/2001; North American Aerospace Defense Command 9/18/2001; Cauchon 12/20/2001; Federal Emergency Management Agency 5/1/2002, pp. 1-10; Dwyer et al. 5/26/2002; Associated Press 8/21/2002; Moore and Cauchon 9/2/2002) According to the NIST report, the crash time is 9:02:59. (National Institute of Standards and Technology 9/2005, pp. 38) According to the 9/11 Commission Report, the crash time is 9:03:11. (9/11 Commission 7/24/2004, pp. 8) Millions watch the crash live on television. The plane strikes the 77th through 85th floors in the 110-story building. Approximately 100 people are killed or injured in the initial impact; 600 people in the tower eventually die. The death toll is far lower than in the North Tower because about two-thirds of the South Tower’s occupants have evacuated the building in the 17 minutes since the first tower was struck. (Cauchon 12/20/2001; National Institute of Standards and Technology 9/2005, pp. 5-9, 41) The combined death toll from the two towers is estimated at 2,819, not including the hijackers. (Associated Press 8/21/2002) The impact severs some columns on the south side of the South Tower. Each of the Twin Towers is designed as a “tube-in-tube” structure and the steel columns which support its weight are arranged around the perimeter and in the core. The plane, which is traveling at an estimated speed of around 500 mph (see October 2002-October 2005), severs 33 of the building’s 236 perimeter columns and damages another one. (National Institute of Standards and Technology 9/2005, pp. 39) The perimeter columns bear about half of the tower’s weight, so the damage to them reduces the tower’s ability to bear gravity loads by about 7.1 percent. (National Institute of Standards and Technology 9/2005, pp. 6) The actual damage to the 47 core columns is not known, as there are no photographs or videos of it, but there will be much speculation about this after 9/11. It will be suggested that some parts of the aircraft may be able to damage the core even after crashing through the exterior wall (see 8:46 a.m. September 11, 2001). (National Institute of Standards and Technology 9/2005, pp. 107) According to NIST’s base case model, five of the core columns are severed and another five suffer some damage. (National Institute of Standards & Technology 9/2005, pp. 235 pdf file) This may reduce the tower’s ability to bear loads by a further approximately 8 percent, meaning that the aircraft impact accounted for a loss of about 15 percent of the building’s strength. This damage will be cited as an event contributing to the building’s collapse after 9/11 (see October 23, 2002 and October 19, 2004). NIST’s base case estimate of damage to the North Tower’s core will be similar, even though the aircraft impact there was dissimilar (see 8:46 a.m. September 11, 2001). Flight 11 hit the North Tower’s core head on, whereas Flight 175 only hits the corner of the South Tower’s core. (National Institute of Standards and Technology 9/2005, pp. 20-23, 38-41) In addition, some of the fireproofing on the steel columns and trusses may be dislodged (see 8:46 a.m. September 11, 2001). (National Institute of Standards & Technology 9/2005, pp. xxxvi, 83 pdf file) Photographs and videos of the towers will not show the state of fireproofing inside the buildings, but the National Institute of Standards and Technology (NIST) will try to estimate the damage to fireproofing using a series of computer models. Its severe case model (see (October 2002-October 2005)) will predict that 39 of the 47 core columns are stripped of their fireproofing on one or more floors and that fireproofing is stripped from trusses covering 80,000 ft2 of floor area, the equivalent of about two floors. NIST will say that the loss of fireproofing is a major cause of the collapse (see April 5, 2005), but only performs 15 tests on fireproofing samples (see October 26, 2005). (National Institute of Standards and Technology 9/2005, pp. 41) According to NIST, less fireproofing is stripped from the North Tower (see 8:46 a.m. September 11, 2001).

Mark Loizeaux.Mark Loizeaux. [Source: Dan Gross / Washington Technology]Immediately after seeing the attacks on the the World Trade Center on television, Mark Loizeaux, the president of leading building demolition firm Controlled Demolition Inc (CDI), tries to contact government officials to warn them that the Twin Towers will probably collapse. (Satchell 6/22/2003; Else 7/24/2004) Loizeaux will later recall his initial reaction to the crashes in New York. After the first tower is hit, he will say, “I told Doug [Loizeaux, his brother] immediately that the tower was coming down, and when the second tower was hit, that it would follow.” According to US News and World Report, “Horrified, the Loizeaux brothers watched first responders streaming into the doomed towers and tried frantically, and unsuccessfully, to phone in warnings.” (Satchell 6/22/2003) Mark Loizeaux will recall, “I still had some cell phone numbers, so when the second plane hit I said, ‘Start calling all the cell phones, tell them that the building is going to come down.’” However: “It was frenetic, nobody could get through even with speed dialling.… Of course, building number 7, where the emergency management headquarters was, was on fire. I’d been in that office two months before.” Loizeaux then phones a couple of people on the National Research Council committee involved in assessing the impact of explosives. They ask him, “What do you think this is, that they’re going to fail, that they’re both going to fail?” Loizeaux will recall: “The expression around was they’re going to pancake down, almost vertically. And they did. It was the only way they could fail. It was inevitable.” (Else 7/24/2004) Soon after the attacks, Loizeaux, as a recognized expert, will be called upon to comment on the fall of the WTC towers. (Post and Winston 9/13/2001) In addition, his firm will be involved with the clearing of Ground Zero. (It was also tasked with bringing down the remnants of the Murrah Federal Building in Oklahoma City after its partial destruction in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and 7:01 a.m. May 23, 1995).) (Post and Rubin 10/1/2001)

Laura Bush, the president’s wife, leaves the White House in her limousine, on her way to Capitol Hill where she is scheduled to testify before a Congressional committee, but she is unaware that a second plane has crashed into the World Trade Center. (Burleigh 10/15/2001; National Journal 8/31/2002; Bush 2010, pp. 198) Bush is set to appear before the Senate Committee on Health, Education, Labor, and Pensions, where she will talk about early childhood education. (McCaleb 9/12/2001; CNN 9/11/2002) She was informed of the first crash at the WTC by her lead Secret Service agent as she was getting into her limousine (see (8:55 a.m.) September 11, 2001).
First Lady Unaware of Second Crash - The limousine leaves the White House at 9:07 a.m., according to Noelia Rodriguez, the first lady’s press secretary. (National Journal 8/31/2002) The second aircraft, Flight 175, hit the WTC four minutes earlier (see 9:03 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 8) However, Bush and those with her in the limousine are unaware of this. (Bush 2010, pp. 197-198)
First Lady Thinks about Canceling Hearing - Nevertheless, Bush already thinks the Senate hearing she is on her way to should perhaps be canceled, because New York Senator Hillary Clinton is on the education committee and is therefore supposed to attend. Bush will comment, “Even after the first [crash], when I thought it was just an accident, I thought we probably should cancel, because Mrs. Clinton was on the committee and she’s from New York, and she’d probably want to rush home at that time.” (McQuillan 9/10/2001; Gerhart 2004, pp. 162) All the same, Bush continues with the two-mile journey from the White House to Capitol Hill. She will learn of the second crash, and realize this is a terrorist attack, shortly before arriving at the Russell Senate Office Building, where the hearing is set to take place (see (9:14 a.m.) September 11, 2001).
Secret Service Allows Bush to Head to Event - Members of Bush’s Secret Service detail apparently raise no objection to Bush going ahead with her trip to Capitol Hill. (CNN 9/11/2002; Gerhart 2004, pp. 162; Bush 2010, pp. 198) The Secret Service is responsible for protecting the first lady, and she is considered to be one of the nation’s “most visible targets.” (US Department of the Treasury 5/8/2001; Office of Management and Budget 7/2001, pp. 82 pdf file) The agency’s mission includes keeping her “in sight and out of harm’s way,” according to a book about the Secret Service by author Philip Melanson. (Melanson 2002, pp. 273) And, as one of the Secret Service’s “permanent protectees,” the first lady, like the president, has a detail of special agents assigned to her. (United States Secret Service 2002) Bush currently travels with four Secret Service agents and two Secret Service cars. (Kessler 2006, pp. 136; Kessler 2009, pp. 181) However, the Secret Service will only take her away from Capitol Hill to a “secure location”—actually the agency’s headquarters—after the terrorist attacks have ended (see (10:10 a.m.-10:55 a.m.) September 11, 2001). (Associated Press 9/11/2001; National Journal 8/31/2002; Kessler 2006, pp. 136)

Brian Wilson.Brian Wilson. [Source: Publicity photo]There is apparently no increase in the level of security at the Capitol building in Washington, DC, even though First Lady Laura Bush has arrived at the nearby Russell Senate Office Building and more than 10 minutes have passed since a second plane hit the World Trade Center. (Gilbert et al. 2002, pp. 64; 9/11 Commission 7/24/2004, pp. 8; Bush 2010, pp. 198) At 9:16 a.m., Bush arrived at the Russell Senate Office Building, located just north of the Capitol building, where she was scheduled to testify before a Senate committee at 10:00 a.m. (McQuillan 9/10/2001; McCaleb 9/12/2001; Bush 2010, pp. 198)
Reporter Sees No Signs of Increased Security - The first lady is considered one of the nation’s “most visible targets,” and, as one of the Secret Service’s “permanent protectees,” like the president, she has a detail of special agents assigned to her. (US Department of the Treasury 5/8/2001; Office of Management and Budget 7/2001, pp. 82 pdf file; United States Secret Service 2002) And yet, even though Bush has arrived on Capitol Hill, and over 10 minutes have passed since the second aircraft hit the WTC (see 9:03 a.m. September 11, 2001), there is apparently no increase in the level of security at the Capitol building. Fox News correspondent Brian Wilson will later recall that when reporting from the Capitol building around this time, he is “talking about the first lady being in the Capitol and saying that I had not seen any signs of tighter security in the building.”
Reporter Surprised at Plan to Hold a Photo Op - Wilson is also surprised that, although the Senate hearing Bush was scheduled to attend has been canceled, the first lady is still going to make a public appearance. He will comment that “they were (incredibly) trying to set up a brief photo opportunity.” (Gilbert et al. 2002, pp. 64; 9/11 Commission 7/24/2004, pp. 8) (Wilson is presumably referring to Laura Bush’s appearance before reporters and cameras alongside Senators Edward Kennedy (D-MA) and Judd Gregg (R-NH), which takes place at 9:41 a.m. (see 9:41 a.m. September 11, 2001). (Associated Press 9/11/2001; CNN 9/11/2001; Bush 2010, pp. 199) )
Capitol Evacuated Later On - The Capitol building will only be evacuated at 9:48 a.m., apparently in response to reports of a plane heading toward it (see 9:48 a.m. September 11, 2001). (Associated Press 9/11/2001; Associated Press 8/21/2002; CNN 9/11/2006) The first lady will only be taken away from the Russell Office Building to a “secure location” by members of the Secret Service at 10:10 a.m. (see (10:10 a.m.-10:55 a.m.) September 11, 2001). (Associated Press 9/11/2001; National Journal 8/31/2002; Bush 2010, pp. 200)

Barbara Olson.Barbara Olson. [Source: Richard Eillis/ Getty Images]A passenger on Flight 77, Barbara Olson, calls her husband, Theodore (Ted) Olson, who is solicitor general at the Justice Department. (San Francisco Chronicle 7/23/2004) Ted Olson is in his Justice Department office watching news of the attacks on the World Trade Center on television when his wife calls. A few days later, he will recall: “She told me that she had been herded to the back of the plane. She mentioned that they had used knives and box cutters to hijack the plane. She mentioned that the pilot had announced that the plane had been hijacked.” (CNN 9/14/2001) He tells her that two planes have hit the WTC. (Harnden 3/5/2002) Barbara Olson says she feels nobody is taking charge. (CNN 9/12/2001) Ted Olson doesn’t know if she is near the pilots, but at one point she asks: “What shall I tell the pilot? What can I tell the pilot to do?” (CNN 9/14/2001) Then the call is cut off without warning. (Isikoff 9/29/2001)
Ted Olson's Recollections Vague - Ted Olson’s recollection of the call’s timing will be extremely vague. He will say the call “must have been 9:15 [a.m.] or 9:30 [a.m.]. Someone would have to reconstruct the time for me.” (CNN 9/14/2001) Other accounts place the call around 9:25 a.m. (Tanfani and Chardy 9/14/2001; Wald 9/15/2001; Maranis 9/21/2001) The call is said to last about a minute. (Fisher and Phillips 9/12/2001) By some accounts, Ted Olson’s message to his wife, that planes have hit the WTC, comes later, in a second phone call. (Maranis 9/21/2001) According to one account, Barbara Olson calls her husband from inside a bathroom. (Arkell and France 9/12/2001) But in another, she is near a pilot, and in yet another she is near two pilots. (Johnson 11/23/2001)
Conflicting Accounts of Type of Phone Used - Ted Olson’s accounts of how his wife makes her calls are also conflicting. Three days after 9/11, he will say: “I found out later that she was having, for some reason, to call collect and was having trouble getting through. You know how it is to get through to a government institution when you’re calling collect.” He says he doesn’t know what kind of phone she uses, but he has “assumed that it must have been on the airplane phone, and that she somehow didn’t have access to her credit cards. Otherwise, she would have used her cell phone and called me.” (Olson 9/14/2001) Why Barbara Olson would have needed access to her credit cards to call him on her cell phone is not explained. However, in another interview on the same day, Ted Olson will say his wife uses a cell phone and her call may be cut off “because the signals from cell phones coming from airplanes don’t work that well.” (CNN 9/14/2001) Six months later, he will claim she calls collect, “using the phone in the passengers’ seats.” (Harnden 3/5/2002) However, it is not possible to call on seatback phones, collect or otherwise, without a credit card, which would render making a collect call moot. Many other details in Ted Olson’s accounts are conflicting, and he will fault his memory and say he “tends to mix the two [calls from his wife] up because of the emotion of the events.” (CNN 9/14/2001)
Call Supposedly Made through Secretary - According to official reports, Barbara Olson is able to reach her husband through a secretary, Lori Lynn Keyton, twice, at around 9:15 a.m. The first call is collect and comes through a live operator, while the second is direct. (Federal Bureau of Investigation 9/11/2001 pdf file; Federal Bureau of Investigation 9/14/2001; 9/11 Commission 5/20/2004)

The Pentagon explodes. 
The Pentagon explodes. [Source: Donley/ Sipa]Flight 77 crashes into the Pentagon. All 64 people on the plane are killed. A hundred-and-twenty-four people working in the building are killed, and a further victim will die in hospital several days later. Hijackers Hani Hanjour, Khalid Almihdhar, Majed Moqed, Nawaf Alhazmi, and Salem Alhazmi presumably are killed instantly. (Typically, they are not included in the death counts.) (CNN 9/17/2001; North American Aerospace Defense Command 9/18/2001; Ellison 10/17/2001; Vogel 11/21/2001; Levin, Adams, and Morrison 8/13/2002; Associated Press 8/21/2002; MSNBC 9/3/2002; ABC News 9/11/2002; CBS 9/11/2002) Flight 77 hits the first floor of the Pentagon’s west wall. The impact and the resulting explosion heavily damage the building’s three outer rings. The path of destruction cuts through Army accounting offices on the outer E Ring, the Navy Command Center on the D Ring, and the Defense Intelligence Agency’s comptroller’s office on the C Ring. (Vogel 2007, pp. 431 and 449) Flight 77 strikes the only side of the Pentagon that had recently been renovated—it was “within days of being totally [renovated].” (US Department of Defense 9/15/2001) “It was the only area of the Pentagon with a sprinkler system, and it had been reconstructed with a web of steel columns and bars to withstand bomb blasts. The area struck by the plane also had blast-resistant windows—two inches thick and 2,500 pounds each—that stayed intact during the crash and fire. While perhaps, 4,500 people normally would have been working in the hardest-hit areas, because of the renovation work only about 800 were there.” More than 25,000 people work at the Pentagon. (Schrader 9/16/2001) Furthermore, the plane hits an area that has no basement. As journalist Steve Vogel later points out, “If there had been one under the first floor, its occupants could easily have been trapped by fire and killed when the upper floors collapsed.” (Vogel 2007, pp. 450)

Ann Gerhart.Ann Gerhart. [Source: Simon & Schuster]Ann Gerhart, a Washington Post reporter, is warned by a Capitol Police officer to stay away from a window of the Russell Senate Office Building in Washington, DC, because, the officer says, a suspicious plane is heading their way, and yet the first lady is allowed to remain in the building at this time and is only evacuated later on. (National Journal 8/31/2002; Gerhart 2004, pp. 163) Gerhart is in the Russell Senate Office Building, just north of the Capitol building, where she has been watching Laura Bush, the president’s wife, appearing before reporters and cameras alongside Senators Edward Kennedy (D-MA) and Judd Gregg (R-NH) (see 9:41 a.m. September 11, 2001). (Associated Press 9/11/2001; Gerhart 2004, pp. 160-163; Bush 2010, pp. 199)
Officer Says, 'We're under Attack' - After Bush’s appearance has ended, Gerhart hurries to phone her newspaper and file the quotes. But, Gerhart will later recall, “As I moved closer to one of the building’s tall, beautiful leaded glass windows to get better cell phone reception, a Capitol Police officer practically tackled me.” The officer yells at her, “Get away from the window!” Gerhart asks, “Why?” and the officer replies: “Because we’re under attack! There’s still one plane up there and it’s headed right for us!” Gerhart then glances through the window and sees “huge clouds of thick smoke billowing up from the south.” She asks the officer what this is and is told, “A plane’s gone into the Pentagon.” (Gerhart 2004, pp. 163-164)
First Lady Not Evacuated, despite Concerns - The Capitol building will be evacuated at 9:48 a.m., apparently because of the concern that a plane is heading toward it (see 9:48 a.m. September 11, 2001). (Associated Press 9/11/2001; Associated Press 8/21/2002; CNN 9/11/2006) The Russell Senate Office Building will also be evacuated. (Associated Press 9/11/2001) However, despite the fear that a plane is heading toward Capitol Hill, the first lady remains in the Russell Office Building at this time. She goes to Gregg’s office (see (9:45 a.m.-9:50 a.m.) September 11, 2001 and (9:50 a.m.-10:00 a.m.) September 11, 2001) and will only be taken from the building to a “secure location” at 10:10 a.m. (see (10:10 a.m.-10:55 a.m.) September 11, 2001). (National Journal 8/31/2002; Kessler 2006, pp. 136; Bush 2010, pp. 200)

Judd Gregg.Judd Gregg. [Source: US Congress]Laura Bush, the president’s wife, and her entourage stay in the office of Senator Judd Gregg (R-NH) as they wait for the Secret Service emergency response team to arrive and take them away from Capitol Hill. Bush and those with her in the Russell Senate Office Building headed to Gregg’s office after they learned of the attack on the Pentagon and Bush’s Secret Service agents told them to go to the basement (see (9:45 a.m.-9:50 a.m.) September 11, 2001). (Gregg’s office is on a lower floor of the building, though whether it is in the basement is unclear.)
First Lady Unable to Contact Daughters - From Gregg’s office, Bush tries calling her daughters, Barbara and Jenna, who are both at university. (Bush 2010, pp. 200) She is unable to reach them at this time. According to journalist and author Christopher Andersen, she is told that “they had both already been hustled off to what the Secret Service called ‘secure locations.’” (Fineman and Brant 12/3/2001; Andersen 2002, pp. 6)
First Lady and Senator Talk about Families - The first lady then sits with Gregg, who is a longtime Bush family friend, and, she will later recall, they talk “quietly about our families and our worries for them, and the overwhelming shock we both felt.” (Bumiller 10/4/2004; Bush 2010, pp. 200) Senator Edward Kennedy (D-MA), who is also in Gregg’s office at this time, will recall, “We kept the television set off and simply talked for a while.” (Kennedy 2009, pp. 492)
Reporters Cannot Travel with First Lady - Noelia Rodriguez, the first lady’s press secretary, is worried about the pool reporters who are with them. She will describe, “We put them all in a room,” but Bush’s Secret Service agents tell her, “We have to leave here and we can’t take [the pool reporters] with us.” Laurence McQuillan, of USA Today, reassures Rodriguez, telling her, “Don’t worry about us.” (National Journal 8/31/2002) Bush remains in Gregg’s office until members of the Secret Service, including the emergency response team, collect her from there (see (Shortly After 10:00 a.m.) September 11, 2001). (Bush 2010, pp. 200) She and her staff leave the Russell Senate Office Building at around 10:10 a.m., and are then driven to a “secure location” (see (10:10 a.m.-10:55 a.m.) September 11, 2001). (National Journal 8/31/2002)

Twenty minutes after the 9/11 attacks in New York (see 8:46 a.m. September 11, 2001 and 9:03 a.m. September 11, 2001) and Washington (see 9:37 a.m. September 11, 2001), a bomb truck is stationed in downtown Oklahoma City, in preparation for any potential bombing related to the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Additionally, an Oklahoma County Sheriff’s Department command post is activated where convicted bombing conspirator Terry Nichols (see September 5, 2001) is being held. (The Oklahoman 4/2009)

Secret Service emergency response team officers patrolling the South Lawn of the White House.Secret Service emergency response team officers patrolling the South Lawn of the White House. [Source: Associated Press]Laura Bush, the president’s wife, is escorted out of the Russell Senate Office Building in Washington, DC, by members of the Secret Service with their guns drawn, to be driven away to a secure location. (National Journal 8/31/2002; Bush 2010, pp. 200) People began evacuating from the Russell Senate Office Building and the nearby Capitol building at 9:48 a.m., apparently due to concerns that a plane was heading toward Capitol Hill (see 9:48 a.m. September 11, 2001). (Associated Press 9/11/2001; Associated Press 8/21/2002; CNN 9/11/2006) While Bush and her staff were waiting for the Secret Service emergency response team to arrive and take them away from the Russell Office Building, they stayed in the office of Senator Judd Gregg (R-NH) (see (9:50 a.m.-10:00 a.m.) September 11, 2001).
Emergency Response Team Arrives with Guns Drawn - Secret Service agents collect the first lady from Gregg’s office at “[s]ometime after 10:00 a.m.,” Bush will later recall. (Bush 2010, pp. 200) Bush usually travels with four Secret Service agents. (Kessler 2006, pp. 136; Kessler 2009, pp. 181) But her usual agents are now joined by “an additional Secret Service detail and an emergency response team, dressed in black tactical clothing like a SWAT force and moving with guns drawn.” As Bush is being hurried through the hallways, past panicked staffers leaving their offices, members of the emergency response team escorting her shout, “Get back!” and cover her every move with their guns. (Bush 2010, pp. 200)
First Lady Escorted to Her Limousine - Noelia Rodriguez, the first lady’s press secretary, will recall that she and several other members of Bush’s staff reach Bush’s limousine before the first lady does. While they are waiting there, they chat excitedly, asking each other: “What could this be? Where are we going? What’s next?” But the driver instructs them to be quiet, saying, “Ladies, this is a time to pay attention.” “Just then,” Rodriguez will say, “what seemed like two dozen of these ninja guys surrounded the car—Secret Service agents all dressed in black. Mrs. Bush then got in the car.” (National Journal 8/31/2002) Bush will describe, “We reached the underground entrance; the doors on the motorcade slammed shut, and we sped off.” (Bush 2010, pp. 200)
Motorcade Delayed before Leaving Capitol Hill - However, Bush and those accompanying her reportedly face a delay as they are about to drive off. Ashleigh Adams, the first lady’s deputy press secretary, will describe, “At one point, we were all going to leave, and then Mrs. Bush got out of the motorcade and they [presumably members of the Secret Service] told us to stay in the staff van.” At this point, Adams will say, “Everyone was distraught” and they “didn’t know what was going on.” She will add: “We knew something was going on in DC, because we could see people running around. A lot of us were under the impression that there were car bombs going off throughout the city.” Bush and those accompanying her leave Capitol Hill at 10:10 a.m., according to Rodriguez. (National Journal 8/31/2002) Bush’s Secret Service agents say they are going to take everyone to a secure location. This turns out to be the Secret Service headquarters in Washington (see (10:10 a.m.-10:55 a.m.) September 11, 2001). (Kessler 2006, pp. 136)

Andi Ball.Andi Ball. [Source: White House]Laura Bush, the president’s wife, and her entourage are driven from Capitol Hill to the Secret Service headquarters in Washington, DC, for their own security, but their journey is slowed by the heavy traffic. (Woodward 2002, pp. 17; National Journal 8/31/2002; Kessler 2006, pp. 136; Bush 2010, pp. 200-201) Bush has been at the Russell Senate Office Building in Washington, where she was originally scheduled to testify before a Senate committee. (McCaleb 9/12/2001; Woodward 2002, pp. 16-17) Her Secret Service agents have said they are going to take the first lady and her staff to a secure location. (Kessler 2006, pp. 136) After the Secret Service emergency response team arrived for her, Bush was escorted out of the Russell Senate Office Building and to her limousine (see (Shortly After 10:00 a.m.) September 11, 2001). Bush and those accompanying her leave Capitol Hill at 10:10 a.m., according to Noelia Rodriguez, the first lady’s press secretary.
Agents with Guns Drawn Protect Motorcade - Secret Service agents protect Bush’s motorcade with their guns as it heads to the secure location. Ashleigh Adams, the first lady’s deputy press secretary, will later recall, “It felt like we were in a war, because the Secret Service was driving next to the motorcade and they were hanging out of the windows with their machine guns out.” She will add that she has “been around the agents” before, but has “never seen them with their guns.”
Motorcade Delayed by Traffic - However, the motorcade is slowed by the heavy traffic. Bush will describe, “Outside our convoy windows, the city streets were clogged with people evacuating their workplaces and trying to reach their own homes.” Rodriguez will say, “In the car, we seemed to be going in slow motion.” (National Journal 8/31/2002; Bush 2010, pp. 200) “The traffic was so bad that everything was stopped,” Andi Ball, Bush’s chief of staff, will recall. One of the Secret Service agents escorting Bush and her staff will later say a car sideswiped them during the journey.
Secure Location Is Secret Service Headquarters - The “secure location” that Bush and her staff are being taken to turns out to be the Secret Service headquarters. (Kessler 2006, pp. 136) The Secret Service headquarters, according to journalist and author Ronald Kessler, is “an anonymous nine-story tan brick building on H Street at Ninth Street NW in Washington.” (Kessler 2009, pp. 23) It is located a few blocks from the White House. After the Oklahoma City bombing in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995) it was reinforced to survive a large-scale blast. Bush and her entourage arrive there through an underground entrance. (Bamford 8/23/2009; Bush 2010, pp. 200-201)
Journey Reportedly Takes 45 Minutes - The exact time they arrive at is unclear. According to Washington Post reporter Bob Woodward, “In the traffic jam from the Capitol, it took 45 minutes to get [Bush] to Secret Service headquarters.” This would mean the first lady arrives there at around 10:55 a.m. (Woodward 2002, pp. 17) However, Bush will write that she watches the North Tower of the World Trade Center collapsing “live in front of my eyes,” on a screen at the headquarters. (Bush 2010, pp. 201) If this is correct, she must arrive at the headquarters sometime before 10:28 a.m., when the North Tower comes down (see 10:28 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 311) White House spokespeople will refuse to disclose where the first lady has been taken to, only saying she is at a “secure location.” (Associated Press 9/11/2001; McCaleb 9/12/2001; CNN 9/11/2002)

The North Tower collapses in a matter of seconds.The North Tower collapses in a matter of seconds. [Source: Ray Stubblebine/ Reuters/ Landov] (click image to enlarge)The North Tower of the World Trade Center tilts to the south and then collapses. Its north side was hit by Flight 11 at 8:46, 102 minutes earlier. (CNN 9/12/2001; New York Times 9/12/2001; MSNBC 9/22/2001; Kim and Baum 2002 pdf file; Associated Press 8/21/2002; National Institute of Standards and Technology 9/2005, pp. 33) After the antenna starts to move (see (10:28 a.m. September 11, 2001)), the next sign that the top section of the building is moving downward is on floor 98, at the top of the impact zone. (National Institute of Standards and Technology 9/2005, pp. 22, 87) The angle of the tilt will be disputed after 9/11 (see September-November 2005), as will the time it takes the towers to fall to the ground (see September 12, 2001-September 2005). (Ashley 10/9/2001; Eagar and Musso 12/2001; PBS Nova 5/2002; National Institute of Standards and Technology 8/30/2006) The death toll could have been much worse—an estimated 15,000 people made it out of the WTC to safety after 8:46 a.m. (St. Petersburg Times 9/8/2002)

President Bush, who is on Air Force One, is informed that his wife, Laura Bush, and his daughters, Jenna and Barbara, have been moved to safe locations. When he got on Air Force One in Sarasota, Florida, Bush was concerned about the safety of his wife and daughters, and requested additional protection for them (see (9:44 a.m.) September 11, 2001). At that time, the first lady was on Capitol Hill, in Washington, DC (see 9:16 a.m.-9:40 a.m. September 11, 2001 and 9:41 a.m. September 11, 2001). Barbara and Jenna Bush are students at Yale and the University of Texas, respectively. (Lemann 9/25/2001; Sammon 2002, pp. 100, 108)
President Told Wife and Daughters Are Safe - Edward Marinzel, the head of Bush’s Secret Service detail, who is with the president on Air Force One, has been contacted by Secret Service Director Brian Stafford, and told that the first lady and the president’s daughters have all been safely relocated. (United States Secret Service 2001) This news is now passed on to the president by Andrew Card, Bush’s chief of staff. Card tells Bush that the first lady is “in a secure location with the Secret Service and that his daughters had been removed to safer locations,” Washington Post reporter Bob Woodward will later write. (Woodward 2002, pp. 18) The first lady is taken to the Secret Service headquarters, in Washington (see (10:10 a.m.-10:55 a.m.) September 11, 2001 and (10:55 a.m.) September 11, 2001). (Bush 2010, pp. 200-201) Barbara and Jenna Bush are taken to the Secret Service office in New Haven, Connecticut, and the Driskill Hotel in Austin, Texas, respectively (see 10:51 a.m.-10:57 a.m. September 11, 2001). (Woodward 2002, pp. 17)
President Given Phone Number for First Lady - Bush then asks Card, jokingly, about Barney, his Scottish terrier. Card replies, “He’s nipping at the heels of Osama bin Laden now.” (Lemann 9/25/2001; Sammon 2002, pp. 108) Bush also requests, and is provided with, a direct contact telephone number for the first lady. (United States Secret Service 2001) But according to the president’s senior adviser, Karl Rove, who is on Air Force One at this time, the news that his wife and daughters have been secured “reassured the president and allowed him to put off calling Laura until later in the morning, when events provided a brief window to do so.” (Rove 2010, pp. 258) It will be nearly 11:45 a.m. before Bush is able to talk to the first lady (see (Shortly Before 11:45 a.m.) September 11, 2001). (Bush 2010, pp. 132)

Laura Bush, the president’s wife, and her entourage arrive at the Secret Service headquarters in Washington, DC, where they will remain for much of the rest of the day, and where they make phone calls to their relatives and watch television coverage of the terrorist attacks. (Woodward 2002, pp. 17; National Journal 8/31/2002; Bush 2010, pp. 201-203) Bush and her staff have been brought to the headquarters for their own security by members of the Secret Service. The building, located a few blocks from the White House, is strengthened to survive a large-scale blast. Bush and those accompanying her were driven there from the Russell Senate Office Building, on Capitol Hill (see (10:10 a.m.-10:55 a.m.) September 11, 2001). (Associated Press 9/11/2001; Kessler 2006, pp. 136; Bush 2010, pp. 200-201) They are initially taken to the office of Brian Stafford, the Secret Service director, which is on an upper floor of the building. (Draper 2007, pp. 143; Bush 2010, pp. 201)
First Lady and Staff Call Their Families - Bush tells her staffers to call their families. Noelia Rodriguez, the first lady’s press secretary, will later recall, “Mrs. Bush told us, ‘Find phones, get hold of your families, and let them know you are okay.’” Bush calls her daughters, Jenna and Barbara, and her mother (see (Between 11:00 a.m. and 11:40 a.m.) September 11, 2001). (National Journal 8/31/2002; Bush 2010, pp. 202) She will also talk with President Bush while at the headquarters (see (Shortly Before 11:45 a.m.) September 11, 2001). (Bush 2010, pp. 132; Bush 2010, pp. 202-203)
First Lady Moved to Basement - After a time, the first lady and her staff are moved from the director’s office to the basement of the headquarters, apparently after they have made their phone calls. Ashleigh Adams, the first lady’s deputy press secretary, will recall, “[W]e took turns using the telephone and then we went to another floor where there was a large-screen TV.” Journalist and author Robert Draper will note that Bush’s Secret Service agents move the first lady after realizing that, in light of the day’s attacks, having her on an upper floor is “perhaps not such a hot idea.” (National Journal 8/31/2002; Draper 2007, pp. 143; Bush 2010, pp. 201) In the basement, Bush and her staff go to the William Wood Conference Room. (Woodward 2002, pp. 17) The windowless room has a large display screen across one wall, showing a constant TV feed. “For a while,” she will recall, Bush sits “in a small area off the conference room, silently watching the images on television.” According to Adams, “Mrs. Bush didn’t want the volume up, so we just sat there watching the TV like a silent movie.”
First Lady and Staff Lack a 'True Sense' of What Is Happening - Bush will describe the “chaos” regarding the attacks that she and those with her experience, writing: “It got so that we were living in five-minute increments, wondering if a new plane would emerge from the sky and hit a target. All of us in that basement conference room and many more in the Secret Service building were relying on rumors and on whatever news came from the announcers on television. When there were reports of more errant planes or other targets, it was almost impossible not to believe them.” According to Adams, “Because the TV was on, but we didn’t have volume, it was hard to have a true sense of what was going on.” Bush and her staff will remain in the conference room for several hours. (National Journal 8/31/2002; Bush 2010, pp. 201-203)

Laura Bush with her mother, Jenna Welch.Laura Bush with her mother, Jenna Welch. [Source: Tara Engberg / White House]Laura Bush, the president’s wife, talks over the phone to her daughters, Jenna and Barbara, and then to her mother, after arriving at the Secret Service headquarters in Washington, DC. (ABC 9/18/2001 pdf file; Bush 2010, pp. 202) Bush and her entourage were brought to the Secret Service headquarters for their own security (see (10:10 a.m.-10:55 a.m.) September 11, 2001). Upon arriving, they were taken to the director’s office (see (10:55 a.m.) September 11, 2001). (Kessler 2006, pp. 136; Bush 2010, pp. 200-201) There, Bush told her staffers to call their families and let them know they were alright. (National Journal 8/31/2002)
First Lady Calls Daughters at 'Secure Locations' - Bush now makes her own calls. First, she calls her twin daughters, Barbara and Jenna, who are both at university. (Burleigh 10/15/2001; Bush 2010, pp. 202) She tried to call them earlier this morning, but was told they had been taken to “secure locations” (see (9:50 a.m.-10:00 a.m.) September 11, 2001). (Fineman and Brant 12/3/2001; Andersen 2002, pp. 6) Barbara and Jenna Bush have now reached these “secure locations” (see 10:51 a.m.-10:57 a.m. September 11, 2001). (Sammon 2002, pp. 108; Woodward 2002, pp. 17) The first lady will later recall that she calls her daughters now “to make sure they were fine and to tell them I was fine.” (Burleigh 10/15/2001) She tells them they are “going to be safe and that… I loved them and… that things were going to be alright,” she will say. (ABC 9/18/2001 pdf file)
First Lady Calls Mother for Reassurance - Bush then calls her mother, Jenna Welch, at her home in Midland, Texas. (Andersen 2002, pp. 7; Bush 2010, pp. 202) Bush will describe: “I called my mother to tell her I was fine. But the fact is I was calling her to hear her voice, to be reassured myself.” (Burleigh 10/15/2001) However, when she tries phoning President Bush at this time, her calls cannot get through. She will eventually talk to him at around 11:45 a.m. (see (Shortly Before 11:45 a.m.) September 11, 2001). (Bush 2010, pp. 132; Bush 2010, pp. 202-203)

President Bush and Laura Bush with their dogs, Barney and Spot.President Bush and Laura Bush with their dogs, Barney and Spot. [Source: White House]Laura Bush, the president’s wife, is told by her Secret Service agents to be prepared to leave Washington, DC, for several days, and members of her staff then go to the White House to fetch some of her belongings. (National Journal 8/31/2002; Bush 2010, pp. 203) Bush is at the Secret Service headquarters in Washington, where she was brought for her own safety (see (10:10 a.m.-10:55 a.m.) September 11, 2001 and (10:55 a.m.) September 11, 2001). (Kessler 2006, pp. 136) At the headquarters, there is “a debate over what to do with [President Bush] and what to do with me,” the first lady will later recall. Her Secret Service agents tell her “to be prepared to leave Washington for several days at least.” To help her prepare, several members of her staff briefly return to the White House and collect some of her belongings. They are escorted there at about 1:30 p.m., according to Noelia Rodriguez, Bush’s press secretary. Sarah Moss, Bush’s assistant, collects some of the first lady’s clothes. John Meyers, Bush’s advance man, collects the Bush family dogs, Spot and Barney, and the family cat, India. While they are at the White House, the first lady’s staffers also collect their own purses and keys. The Secret Service agent with them instructs them: “Be fast. Run. Get your things.” The staffers then return to the Secret Service headquarters. However, Bush and those with her at the headquarters subsequently learn that the president will be returning to Washington today (see (4:00 p.m.) September 11, 2001 and (4:33 p.m.) September 11, 2001). It will therefore be decided that the first lady can stay in the capital. She will be taken to the White House at 6:30 p.m. (see 6:30 p.m. September 11, 2001). (National Journal 8/31/2002; Bush 2010, pp. 203)

The FBI’s Minneapolis office asks for permission to interview Zacarias Moussaoui a few hours after the end of the 9/11 attacks, but permission is denied, apparently on the grounds that there is no emergency. On 9/11, the office’s counsel, Coleen Rowley, seeks permission from the Acting US Attorney to question Moussaoui about whether al-Qaeda has any further plans to hijack airliners or otherwise attack the US. The next day she asks again; this time the request is sent to the Justice Department. Such questioning would not usually be permitted, but Rowley argues that it should be allowed under a public safety exception. However, permission is denied and Rowley is told that the emergency is over so the public safety exception does not apply. Rowley will later comment: “We were so flabbergasted about the fact we were told no public safety emergency existed just hours after the attacks that my boss advised me to document it in a memo which became the first document in the legal subfile of the FBI’s ‘Penttbom’ case.” (Rowley 5/2/2007) Some sources will suggest that Moussaoui was to be part of a second wave of attacks (see September 5, 2002). He is also an associate of shoe bomber Richard Reid, who will attempt to blow up an airliner later this year (see Mid-2000-December 9, 2000 and December 22, 2001).

Two sections from Rumsfeld’s notes, dictated to Stephen Cambone.Two sections from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department]Defense Secretary Rumsfeld aide Stephen Cambone is taking notes on behalf of Rumsfeld in the National Military Command Center. These notes will be leaked to the media nearly a year later. According to the notes, although Rumsfeld has already been given information indicating the 9/11 attacks were done by al-Qaeda (see 12:05 p.m. September 11, 2001) and he has been given no evidence so far indicating any Iraqi involvement, he is more interested in blaming the attacks on Iraq. According to his aide’s notes, Rumsfeld wants the “best info fast. Judge whether good enough hit S.H. [Saddam Hussein] at same time. Not only UBL [Osama bin Laden].… Need to move swiftly.… Go massive. Sweep it all up. Things related and not.” (CBS News 9/4/2002; Bamford 2004, pp. 285) In a 2004 book, author James Moore will write, “Unless Rumsfeld had an inspired moment while the rest of the nation was in shock, the notes are irrefutable proof that the Bush administration had designs on Iraq and Hussein well before the president raised his hand to take the oath of office.” (Moore 3/15/2004, pp. 18)

Members of Laura Bush’s staff who are with the first lady at the Secret Service headquarters in Washington, DC, go to the White House and then head home. (National Journal 8/31/2002) Most of Bush’s staffers are with the first lady at the Secret Service headquarters, having been with Bush for her scheduled appearance on Capitol Hill this morning. (Bush’s other staffers stayed behind at the White House.) (ABC 9/18/2001 pdf file) They were brought to the headquarters for their own safety (see (10:10 a.m.-10:55 a.m.) September 11, 2001 and (10:55 a.m.) September 11, 2001). (Kessler 2006, pp. 136) Some of them briefly returned to the White House earlier in the afternoon, to collect some of Bush’s belongings (see (1:30 p.m.) September 11, 2001). Members of Bush’s staff now leave the Secret Service headquarters and go to the White House a final time. There, they have to show a Secret Service agent their IDs. “Then,” according to Noelia Rodriguez, the first lady’s press secretary, “it was time to go home.” The first lady will head back to the White House at 6:30 p.m. (see 6:30 p.m. September 11, 2001). (National Journal 8/31/2002; Bush 2010, pp. 203)

Bush speaking to Cheney shortly after leaving Offutt.
Bush speaking to Cheney shortly after leaving Offutt. [Source: White House]Air Force One, with President Bush on board, takes off from Offutt Air Force Base in Nebraska and heads for Washington, DC. (CNN 9/12/2001; Sammon 2002, pp. 123; Draper 2007, pp. 143) The president’s plane landed at Offutt at 2:50 p.m. While he was at the base, Bush conducted a meeting of the National Security Council in a secure video teleconference (see (3:15 p.m.) September 11, 2001). (Bamford 2004, pp. 89, 91; 9/11 Commission 7/24/2004, pp. 326) Against objections from the Secret Service, he has announced that he will be returning to Washington (see (4:00 p.m.) September 11, 2001). (Woodward 2002, pp. 28; Sammon 10/8/2002; Bush 2010, pp. 135)
Bush Thanks Personnel at Offutt - Bush waved to personnel at the base as he was making his way out to his plane. “We were working at our desks and all of a sudden, there was the president striding down the hallway,” Julie Ziegenhorn, a public affairs officer, will later describe, adding, “He walked right out the front door, waving to us.” He shouted to the personnel, “Thanks for all you’re doing!”
Pilot Was Surprised that Bush Is Leaving - Colonel Mark Tillman, the pilot of Air Force One, was incredulous when he was told the president was getting ready to leave, since he’d expected Bush to stay at Offutt for a much longer time. He had been in an office at the base when a young airman ran up to him and said, “It looks like the president is heading back to the plane.” He dismissed the airman, saying, “It probably wasn’t the guy,” but the airman replied, “No, I’m pretty sure I just saw him drive by.” Tillman then raced back to Air Force One and found the president waiting for him at the top of the stairs by the cockpit. Bush told him: “Tillman, we got to get back home. Let’s get back home.”
Reporters Are Allowed to Say What Bush Is Doing - Reporters who have been traveling with Bush are finally permitted to describe the president’s movements on the record. “I called my bureau and told them that the president was heading back to Washington and would address the nation from the Oval Office,” Ann Compton of ABC Radio will recall. (Tillman 2/29/2012 pdf file; Graff 9/9/2016)
Bush Tells His Wife, 'See You at the White House' - As Air Force One is taking off, Bush calls his wife, Laura, who is at the Secret Service headquarters in Washington (see (10:55 a.m.) September 11, 2001), to let her know he is returning to the capital. He tells her: “I’m coming home. See you at the White House. I love you. Go on home.” After talking to her, he feels comfortable enough to make a joke. “If I’m in the White House and there’s a plane coming my way, all I can say is I hope I read my Bible that day,” he says to his aides. (Sammon 2002, pp. 123; Woodward 2002, pp. 17, 28; Sammon 10/8/2002)

Richard Tubb.Richard Tubb. [Source: US Air Force]Dr. Richard Tubb, the White House physician, gives everyone on Air Force One a week’s worth of Cipro, a drug used to treat anthrax. (Graff 9/9/2016) Air Force One, with President Bush on board, took off from Offutt Air Force Base in Nebraska at around 4:33 p.m. (see (4:33 p.m.) September 11, 2001). (CNN 9/12/2001; Draper 2007, pp. 143)
Doctor Is Concerned about a Possible Biological Attack - Tubb will later recall that as the plane is then flying toward Washington, DC, “The thing at that moment I was most worried about was a biologic [attack].” In order to protect the White House staffers on the plane in the “unlikely but high-risk scenario” of such an attack occurring, he decides there is “little harm” in giving them antibiotics. He therefore gives everyone on the plane—presumably including the president—a week’s worth of Cipro. (Graff 9/9/2016) Cipro is an antibiotic that is commonly used to treat anthrax. (Herper 10/17/2001)
Passengers Are Given an Envelope Containing Cipro - Brian Montgomery, the White House’s director of advance, notices Tubb giving the drug to the passengers on Air Force One. He sees the doctor leaning over each person, whispering to them, patting them on the shoulder, and giving them a small envelope containing Cipro. When Tubb reaches Montgomery, he asks him, “How do you feel?” Montgomery says he feels fine. “You don’t feel disoriented?” Tubb asks and Montgomery says no. Tubb asks, “Have you ever heard of Cipro?” and comments, “We don’t know what might’ve been in that school”—referring to the Emma E. Booker Elementary School in Sarasota, Florida, which Bush visited this morning (see (8:55 a.m.) September 11, 2001)—“so we’re just being careful.” Montgomery asks what the drug is used for and Tubb replies, “In case it’s anthrax.” (Graff 9/9/2016)
Doctor Will Later Be Pleased at His Actions - Letters containing anthrax spores will be sent to media organizations and US government offices later this month and in October, leading to five people dying and a further 17 people becoming ill but surviving (see October 5-November 21, 2001). (South Florida Sun-Sentinel 12/8/2001; BBC 9/25/2006; CNN 2/19/2010; National Public Radio 2/15/2011) Commenting on this, Tubb will reflect, “It was scary later realizing later that fall [that] anthrax wasn’t as unimaginable as we’d thought.” “I was suddenly real pleased with how we’d reacted on the plane,” he will say. (Graff 9/9/2016) Tubb is director of the White House Medical Unit and physician to the White House. He oversees all healthcare services within the White House and Camp David, and aboard executive aircraft. (US Air Force 7/2006) Later today, staffers accompanying Vice President Dick Cheney to Camp David (see Shortly After 10:00 p.m. September 11, 2001) will also be given Cipro, supposedly as “a precaution” (see Evening, September 11, 2001). (Sobieraj 10/23/2001)

Laura Bush, the president’s wife, is driven, by members of the Secret Service, to the White House from the Secret Service headquarters in Washington, DC, and is then escorted down to the Presidential Emergency Operations Center (PEOC) below the White House. (Bush 2010, pp. 203-204) Bush was brought to the Secret Service headquarters this morning for her own safety (see (10:10 a.m.-10:55 a.m.) September 11, 2001 and (10:55 a.m.) September 11, 2001). (Woodward 2002, pp. 17; Kessler 2006, pp. 136)
First Lady Reassured that No More Attacks Will Occur - There, she spent much of the afternoon “like most other Americans, glued to the television,” according to Us Weekly magazine. Bush was, however, “perhaps more at ease than the average American because her [Secret Service] agents were receiving news before it was reported on television.” Bush will later recall: “[A]fter some time, we started hearing from our agents that most of the planes [in US airspace] had been accounted for, fairly early in the day, I think, before they really started announcing it on television. So at some point we started feeling reassured that [a terrorist attack] wasn’t going to happen again that day.” After Bush and those with her learned that the president would be returning to Washington today (see (4:00 p.m.) September 11, 2001 and (4:33 p.m.) September 11, 2001), Bush’s Secret Service agents decided that the first lady could go back to the White House.
First Lady Arrives at White House - At 6.30 p.m., she will recall, Bush gets into a Secret Service motorcade and is driven to the White House by Dave Saunders, one of her agents. (CNN 9/11/2001; Burleigh 10/15/2001; Kessler 2006, pp. 136; Bush 2010, pp. 203) It is a short journey, as the Secret Service headquarters is just a few blocks from the White House. (Bamford 8/23/2009) Bush is driven along the deserted streets and then her vehicle goes at full throttle through the gate of the White House. She notices “[h]eavily armed men in black” swarming over the White House grounds. She then gets out of the vehicle, preceded by her Secret Service agents.
First Lady Taken to Underground Conference Room - Bush is “hustled inside” the White House, she will recall, and taken “downstairs through a pair of big steel doors that closed behind me with a loud hiss, forming an airtight seal.” She then walks along the hallway below the White House to the PEOC, and is taken into the conference room adjacent to the PEOC’s “nerve center.” Those already in the room include National Security Adviser Condoleezza Rice, White House counselor Karen Hughes, and deputy White House chief of staff Josh Bolten. Vice President Dick Cheney and his wife, Lynne Cheney, are also there. Lynne Cheney comes over and hugs the first lady. She then whispers into the first lady’s ear, “The plane that hit the Pentagon circled the White House first” (see 9:34 a.m.- 9:37 a.m. September 11, 2001). This information, Bush will comment, causes a “shiver” to “vibrate down [her] spine.” (Bush 2010, pp. 203-204) President Bush will join the first lady in the PEOC at 7:10 p.m., after he arrives at the White House (see 7:10 p.m. September 11, 2001). (Bush 2010, pp. 137-138; Bush 2010, pp. 204-205) Staffers who were with the first lady at the Secret Service headquarters went to the White House and then headed home at around 4:30 p.m. (see (4:30 p.m.) September 11, 2001). (National Journal 8/31/2002)

On the evening after the 9/11 attacks, some White House personnel, including Vice President Dick Cheney’s staff, are given the anti-anthrax drug Cipro, and told to take it regularly. (Sobieraj 10/24/2001) An unnamed “high government official” also advises some reporters to take Cipro shortly after 9/11 (see Shortly After September 11, 2001). Judicial Watch will later sue the Bush administration to release documents showing who knew what and when, and why presidential staff were protected while senators, congresspeople, and others were not. (Associated Press 6/8/2002)

Liz Cheney.Liz Cheney. [Source: US Department of State]After attending President Bush’s meeting with his principal advisers in the Presidential Emergency Operations Center beneath the White House, Vice President Dick Cheney heads back upstairs, accompanied by his wife Lynne Cheney and his two top aides, I. Lewis “Scooter” Libby and David Addington. They all head out onto the White House’s South Lawn and get onto Marine Two, the vice president’s helicopter, being joined on it by a military aide, a communications expert, three Secret Service agents, and Cheney’s doctor. They take off, in violation of long-standing protocol, according to which only the president takes off from the South Lawn. Only a few of the most senior White House officials are informed of their destination. About 30 minutes later they arrive at Camp David, the presidential retreat in the Catoctin Mountains, about 70 miles from the White House. Again going against tradition, Cheney and his family settle into the cabin usually reserved for the president, Aspen Lodge. Liz Cheney, the vice president’s eldest daughter, and her young family, joins them there. This is the first of many nights that Cheney spends in “secure, undisclosed locations” in the aftermath of the 9/11 attacks (see September 12, 2001-2002). (Federation of American Scientists 10/2/2000; Hayes 2007, pp. 345-346) He will return to Washington the following morning for an 8 a.m. meeting at the White House (see September 12, 2001). (Woodward and Balz 1/28/2002)

Michael Scheuer, former head of Alec Station, the CIA’s bin Laden unit (see February 1996), returns to the unit to serve as an adviser, but is not allowed to debrief detainees. Scheuer, who was fired from the unit in 1999 (see June 1999), remains with Alec Station until 2004, when he resigns from the CIA and authors Imperial Hubris, a book critical of the CIA and the US government’s fight against terrorism in general. He had finished his first book, Through Our Enemies’ Eyes, before 9/11, and it is released in 2002. He will later complain that he is given a job title but no official duties. Other CIA officers seek out his services, but these requests are blocked, apparently by James Pavitt, the Deputy Director of Operations. Scheuer comments: “The CIA knew that Through Our Enemies’ Eyes was respected by Islamists and that, as the author, I would be an effective debriefer. Mr. Pavitt, however, put burying my career above using me to elicit information to defend America.” (Scheuer 2005, pp. 264; Scheuer 2006, pp. xvii)

After a complete air flight ban in the US began during the 9/11 attacks, some commercial flights begin resuming this day. However, all private flights are still banned from flying. Nonetheless, at least one private flight carrying Saudi royalty takes place on this day. And in subsequent days, other flights carry royalty and bin Laden family members. These flights take place even as fighters escort down three other private planes attempting to fly. Most of the Saudi royals and bin Ladens in the US at the time are high school or college students and young professionals. (Tyler 9/30/2001; Unger 10/2003) The first flight is a Lear Jet that leaves from a private Raytheon hangar in Tampa, Florida, and takes three Saudis to Lexington, Kentucky. (Steele 10/5/2001) This flight apparently takes place several hours after a private meeting between President Bush and Prince Bandar, the Saudi ambassador to the US. Some think the idea of the flights were approved at that meeting (see September 13, 2001). For two years, this violation of the air ban is denied by the FAA, FBI, and White House, and decried as an urban legend except for one article detailing them in a Tampa newspaper. (Steele 10/5/2001) Finally, in 2003, counterterrorism “tsar” Richard Clarke confirms the existence of these flights, and Secretary of State Powell confirms them as well. (MSNBC 9/7/2003; Unger 10/2003) However, the White House remains silent on the matter. (Lichtblau 9/4/2003) Officials at the Tampa International Airport finally confirm this first flight in 2004. But whether the flight violated the air ban or not rests on some technicalities that remain unresolved. (Lexington Herald-Leader 6/10/2004) The Saudis are evacuated to Saudi Arabia over the next several days (see September 14-19, 2001).

Khalil bin Laden at the Orlando, Florida, airport, about to be flown out of the country in the days after 9/11.Khalil bin Laden at the Orlando, Florida, airport, about to be flown out of the country in the days after 9/11. [Source: Lions Gate Films]Following a secret flight inside the US that is in violation of a national private airplane flight ban, members of the bin Laden family and Saudi royalty quietly depart the US. The flights are only publicly acknowledged after all the Saudis have left. (Cullen and Estes 9/21/2001; Tyler 9/30/2001) About 140 Saudis, including around 24 members of the bin Laden family, are passengers in these flights. The identities of most of these passengers are not known. However, some of the passengers include:
bullet The son of the Saudi Defense Minister Prince Sultan. Sultan is sued in August 2002 for alleged complicity in the 9/11 plot. (Steele 10/5/2001) He is alleged to have contributed at least $6 million since 1994 to four charities that finance al-Qaeda. (Unger 10/2003)
bullet Khalil bin Laden. He has been investigated by the Brazilian government for possible terrorist connections. (Unger 10/2003)
bullet Abdullah bin Laden and Omar bin Laden, cousins of bin Laden. Abdullah was the US director of the Muslim charity World Assembly of Muslim Youth (WAMY). The governments of India, Pakistan, Philippines, and Bosnia have all accused WAMY of funding terrorism. These two relatives were investigated by the FBI in 1996 (see February-September 11, 1996) in a case involving espionage, murder, and national security. Their case is reopened on September 19, right after they leave the country. (Unger 10/2003) Remarkably, four of the 9/11 hijackers briefly lived in the town of Falls Church, Virginia, three blocks from the WAMY office headed by Abdullah bin Laden. (BBC 11/6/2001)
bullet Saleh Ibn Abdul Rahman Hussayen. He is a prominent Saudi official who was in the same hotel as three of the hijackers the night before 9/11. He leaves on one of the first flights to Saudi Arabia before the FBI can properly interview him about this. (Schmidt 10/2/2003)
bullet Akberali Moawalla. A Pakistani and business partner of Osama’s brother Yeslam bin Laden. In 2000, a transfer of over $250 million was made from a bank account belonging jointly to Moawalla and Osama bin Laden (see 2000). (Harris and Schmidt 7/22/2004)
There is a later dispute regarding how thoroughly the Saudis are interviewed before they leave and who approves the flights. Counterterrorism “tsar” Richard Clarke says he agrees to the flights after the FBI assures him none of those on board has connections to terrorism and that it is “a conscious decision with complete review at the highest levels of the State Department and the FBI and the White House.” (US Congress 9/3/2003) Clarke says the decision to approve the flights “didn’t get any higher than me.” (Bolton 5/18/2004) According to Vanity Fair, both the FBI and the State Department “deny playing any role whatsoever in the episode.” However, Dale Watson, the head of the FBI’s Counterterrorism Division, says the Saudis on the planes “[are] identified, but they [are] not subject to serious interviews or interrogations” before they leave. (Unger 10/2003) An FBI spokesperson says the bin Laden relatives are only interviewed by the FBI “at the airport, as they [are] about to leave.” (York 9/11/2002) There are claims that some passengers are not interviewed by the FBI at all. (Unger 10/2003) Abdullah bin Laden, who stays in the US, says that even a month after 9/11, his only contact with the FBI is a brief phone call. (Cullen and Estes 9/21/2001; Mayer and Szechenyi 11/5/2001) The FBI official responsible for coordinating with Clarke is Assistant Director Michael Rolince, who is in charge of the Bureau’s International Terrorism Operations Section and assumes responsibility for the Saudi flights. Rolince decides that the Saudis can leave after their faces are matched to their passport photos and their names are run through various databases, including some watch lists, to check the FBI has no derogatory information about them.” (9/11 Commission 8/21/2004, pp. 196-197, 209 pdf file) Numerous experts are surprised that the bin Ladens are not interviewed more extensively before leaving, pointing out that interviewing the relatives of suspects is standard investigative procedure. (York 9/11/2002; Unger 10/2003) MSNBC claims that “members of the Saudi royal family met frequently with bin Laden—both before and after 9/11” (Mitchell 9/5/2003) , and many Saudi royals and bin Laden relatives are being sued for their alleged role in 9/11. The Boston Globe opines that the flights occur “too soon after 9/11 for the FBI even to know what questions to ask, much less to decide conclusively that each Saudi [royal] and bin Laden relative [deserve] an ‘all clear,’ never to be available for questions again.” (Connaughton 9/30/2003) Senator Charles Schumer (D-NY) says of the secret flights: “This is just another example of our country coddling the Saudis and giving them special privileges that others would never get. It’s almost as if we didn’t want to find out what links existed.” (Lichtblau 9/4/2003) Judicial Watch will disclose FBI documents that say, “Osama bin Laden may have chartered one of the Saudi flights.” (Judicial Watch 6/20/2007)

Bruce Ivins playing keyboards in a Celtic band.Bruce Ivins playing keyboards in a Celtic band. [Source: New York Times]Future anthrax attacks suspect Bruce Ivins expresses anger at the 9/11 attacks in e-mails.
First E-mail - On September 15, 2001, he writes in an e-mail to a friend: “I am incredibly sad and angry at what happened, now that it has sunk in. Sad for all the victims, their families, their friends. And angry. Very angry. Angry at those who did this, who support them, who coddle them, and who excuse them.”
Second E-mail - Ivins has been receiving psychological help since 2000, and in an e-mail on September 26, he makes reference to a group counseling session: “Of the people in my ‘group,’ everyone but me is in the depression/sadness/flight mode for stress. I’m really the only scary one in the group. Others are talking about how sad they are or scared they are, but my reaction to the WTC/Pentagon events is far different. Of course, I don’t talk about how I really feel with them—it would just make them worse. Seeing how differently I reacted than they did to the recent events makes me really think about myself a lot. I just heard tonight that bin Laden terrorists for sure have anthrax and sarin gas.” He also says in the same e-mail, “Osama bin Laden has just decreed death to all Jews and all Americans.”
Similar Wording with Anthrax Letters - The FBI will later consider this e-mail evidence that Ivins was behind the 2001 anthrax attacks (see October 5-November 21, 2001), even though feelings of anger after 9/11 were hardly unusual. The FBI will note the similarity of that last sentence and the text in anthrax letters sent around September 18 and October 9 that say “DEATH TO AMERICA” and “DEATH TO ISRAEL” (see September 17-18, 2001 and October 6-9, 2001). (Frederick News-Post 8/7/2008)
Newspaper Reference - Ivins’s e-mail appears to at least partially be in reference to a newspaper article that day in the Washington Times. The article reports, “Intelligence officials say classified analysis of the types of chemicals and toxins sought by al-Qaeda indicate the group probably is trying to produce the nerve agent sarin, or biological weapons made up of anthrax spores.” (Gertz 9/26/2001)
Common Phrasing - In 2008, Salon columnist Glenn Greenwald will note that “‘Death to America’ and ‘Death to Israel’ were hardly some exotic or unique phrases the use of which by both Ivins and the anthrax attacker would constitute anything incriminating. To the contrary, those phrases were very common, and routinely appeared in press reports, particularly around the time of 9/11, for obvious reasons…” He will note that both exact phrases appeared in newspapers at the time, including mentions in the Chicago Tribune and Washington Post on September 27, one day after Ivins’s second e-mail. Greenwald will add: “[I]f anything is true, it’s that attributing to Islamic radicals the phrases ‘Death to America’ and ‘Death to Israel’ was a cliché, not some unique rhetorical fingerprint marking Ivins as the author of the anthrax letters. That’s almost certainly why the anthrax attacker invoked those images in the letters—because they were such common fears among Americans in the wake of 9/11.” (Greenwald 8/6/2008)

Former CIA Director James Woolsey makes a secret trip to Europe to find evidence that could link the Iraqi government to various terrorist attacks. Deputy Defense Secretary Paul Wolfowitz funds and supports his trip. He visits Wales in a fruitless search for evidence to link Iraq to the 1993 World Trade Center bombing (see Late September 2001). But he also looks for evidence tying Iraq to 9/11 and the anthrax attacks once they become publicly known in early October (see October 5-November 21, 2001). The Village Voice will later report, “Woolsey was also asked to make contact with Iraqi exiles and others who might be able to beef up the case that hijacker Mohamed Atta was working with Iraqi intelligence to plan the September 11 attacks, as well as the subsequent anthrax mailings.” (Vest 11/21/2001) In late October, the Iraqi National Congress (INC), the exile group opposed to Saddam Hussein, says it recently held meetings in London with him. (Harden 10/26/2001) Woolsey is a prominent neoconservative and already has extensive links with the INC (see 2000). It is unknown exactly what Woolsey does in Europe, but his trip has an apparent effect on the media. In addition to numerous articles about Atta’s alleged Prague visit, some articles appear attempting to tie Atta and the Iraqi government to the anthrax attacks as well. For instance, on October 14, 2001, The Observer will report, “According to sources in the Bush administration, investigators are talking to Egyptian authorities who say members of the al-Qaeda network, detained and interrogated in Cairo, had obtained phials of anthrax in the Czech Republic.” (Rose and Vulliamy 10/14/2001) And in late October, the London Times will not only report that Atta was given a vial of anthrax in Prague, but that he met with Iraqi agents numerous times all over Europe (see October 27, 2001). But no hard evidence will emerge supporting any of these allegations pushed by Woolsey.

The contents of the anthrax letter addressed to Tom Brokaw. The contents of the anthrax letter addressed to Tom Brokaw. [Source: FBI]A letter addressed to news anchor Tom Brokaw at NBC News is mailed from Princeton, New Jersey. It is postmarked September 18, 2001, which means it is dropped into a mailbox either some time after 5 p.m. on September 17 or some time before 5 p.m. on September 18. The letter contains deadly anthrax spores and a short message in slanting block letters:
bullet 09-11-01
bullet THIS IS NEXT
bullet TAKE PENACILIN NOW
bullet DEATH TO AMERICA
bullet DEATH TO ISRAEL
bullet ALLAH IS GREAT
There is no return address and the word penicillin is misspelled. The letter is opened on October 12, turned over to the FBI the same day, and tests positive for anthrax the next day. Several days later, an employee at the New York Post is diagnosed with cutaneous anthrax. An unopened letter is found at the Post’s editorial office, addressed to “Editor.” It also is found to contain real anthrax and the exact same message as the Brokaw letter, and was postmarked on the same day and from the same location. That same week, an employee at CBS News and the infant son of an ABC News employee are diagnosed with anthrax infections, but no letters are found in their New York offices. It is presumed those letters are mailed with the other two, but are thrown away. Also, several employees at a Florida building containing the offices of the Sun, a tabloid, get sick with anthrax infections. However, no letter is found there either. The victims at the Sun suffer from the more deadly inhalation anthrax instead of cutaneous anthrax, suggesting that letter could be sent separately. That letter appears to be directed at the National Enquirer, another tabloid owned by the same company as the Sun, but was redirected to the Sun due to a recent relocation of the Enquirer’s offices. (Revkin and Canedy 12/5/2001; Foster 9/15/2003) A second wave of anthrax letters follows in early October (see October 6-9, 2001).

On September 18, 2001, a scientist in Milwaukee tells police that he is building an anthrax delivery system in his basement. The unnamed scientist is drunk and having a dispute with a neighbor when he makes the comments to the police. On September 28, FBI agents arrive with a search warrant but find no anthrax or any sign of an anthrax delivery system. The man is said to work in a bowling alley, but had worked as a senior research scientist at Battelle Memorial Institute, a private contractor working with the US government on bioweapons programs including anthrax. He was fired from Battelle in 1996 and again in 1999. He is said to have specialties “in the areas of radio chemistry, military ordnance and munitions, and decontamination.” After being fired in 1999, his house was searched and chemicals were found in his basement that were not illegal to possess but which could have been used to make a lethal concoction. The story will first be reported in the Milwaukee Journal Sentinel on October 5, 2001, right when the real anthrax attacks are first becoming public (see October 4, 2001 and Shortly Afterwards). (Schuldt 10/5/2001) ABC News will revive the story on December 20, 2001, and say the unnamed scientist is under investigation for a role in the anthrax attacks. ABC will claim the FBI did find suspicious chemicals in his basement, but not anthrax. (News 12/20/2001) However, the next day it will be reported that the ABC story was wrong. US Senator Mike DeWine (R-OH) will say he talked to FBI Director Robert Mueller after hearing the ABC New report, and Mueller “said the ABC News report was not true, that ‘The network did not check with us, we have no investigation and no one with or formerly with Battelle is a suspect.’” (Cadwallader and Candisky 12/21/2001)

The Defense Policy Board (DPB) meets in secret in Defense Secretary Donald Rumsfeld’s Pentagon conference room on September 19 and 20 for 19 hours to discuss the option of taking military action against Iraq. (Sciolino and Tyler 10/12/2001) They also discuss how they might overcome some of the diplomatic and political pressures that would likely attempt to impede a policy of regime change in Iraq. (Sciolino and Tyler 10/12/2001) Among those attending the meeting are Rumsfeld, Deputy Defense Secretary Paul Wolfowitz, Princeton academic Bernard Lewis, Iraqi National Congress leader Ahmed Chalabi (see 1992-1996), Chalabi’s aide Francis Brooke, and the 18 members of the DPB. (Sciolino and Tyler 10/12/2001; Burrough et al. 5/2004, pp. 236; Mayer 6/7/2004) Defense Intelligence Agency official Patrick Lang will later call the DPB “a neocon[servative] sanctuary,” boasting such members as former House Speaker Newt Gingrich, former CIA Director James Woolsey, former arms control adviser Ken Adelman, former Undersecretary of Defense Fred Ikle, and former Vice President Dan Quayle. (Lang 6/2004)
Powell, State Officials Not Informed of Meeting - Secretary of State Colin Powell and other State Department officials in charge of US policy toward Iraq are not invited and are not informed of the meeting. A source will later tell the New York Times that Powell was irritated about not being briefed on the meeting. (Sciolino and Tyler 10/12/2001)
Chalabi, Lewis Lead Discussion - During the seminar, two of Richard Perle’s invited guests, Chalabi and Lewis, lead the discussion. Lewis says that the US must encourage democratic reformers in the Middle East, “such as my friend here, Ahmed Chalabi.” Chalabi argues that Iraq is a breeding ground for terrorists and asserts that Saddam Hussein’s regime has weapons of mass destruction. (Burrough et al. 5/2004, pp. 232; Lang 6/2004) He also asserts “there’d be no resistance” to an attack by the US, “no guerrilla warfare from the Ba’athists, and [it would be] a quick matter of establishing a government.” (Mayer 6/7/2004)
Overthrow of Hussein Advocated - Attendees write a letter to President Bush calling for the removal of Saddam Hussein. “[E]ven if evidence does not link Iraq directly to the attack [of 9/11], any strategy aiming at the eradication of terrorism and its sponsors must include a determined effort to remove Saddam Hussein from power in Iraq. Failure to undertake such an effort will constitute an early and perhaps decisive surrender in the war on international terrorism,” the letter reads. The letter is published in the Washington Times on September 20 (see September 20, 2001) in the name of the Project for the New American Century (PNAC), a neoconservative think tank that believes the US needs to shoulder the responsibility for maintaining “peace” and “security” in the world by strengthening its global hegemony. (Project for the New American Century 9/20/2001; Lobe 7/19/2003) Bush reportedly rejects the letter’s proposal, as both Vice President Dick Cheney and Powell agree that there is no evidence implicating Saddam Hussein in the 9/11 attacks. (Sciolino and Tyler 10/12/2001)
Woolsey Sent to Find Evidence of Hussein's Involvement - As a result of the meeting, Wolfowitz sends Woolsey to London to find evidence that Saddam Hussein was behind the 9/11 attacks and the earlier 1993 attack on the World Trade Center (see Mid-September-October 2001). (Lang 6/2004)

Douglas Feith suggests in a draft memo (Feith 8/7/2004) that the US should consider “hitting terrorists outside the Middle East in the initial offensive, perhaps deliberately selecting a non-al-Qaeda target like Iraq.” Other regions he proposes attacking include South America and Southeast Asia. He reasons that an initial attack against such targets would “surprise… the terrorists” and catch them off guard. (9/11 Commission 7/24/2004, pp. 277, 533; Hosenball and Isikoff 8/8/2004) According to Newsweek, the content of Feith’s memo derives from the work of the Counter Terrorism Evaluation Group (see Shortly After September 11, 2001), a project headed by Michael Maloof and David Wurmser. The group suggested that an attack on the remote Triborder region, where Paraguay, Argentina, and Brazil meet and where Iranian-backed Hezbollah is said to have a presence, would have a ripple effect among international Islamic militant groups. (Hosenball and Isikoff 8/8/2004) Feith later says his memo merely expands upon ideas put forth by Defense Secretary Donald Rumsfeld in a memo (see September 19, 2001) the secretary wrote the day before to Gen. Henry Shelton, chairman of the Joint Chiefs of Staff. (Feith 8/7/2004) The logic behind proposing strikes against targets outside of the Middle East, Feith says, was based on the need to “cast a wide net” and achieve “additional objectives,” such as creating fissures in the enemy network, highlighting “the global nature of the conflicts,” showing “seriousness of US military purpose,” and demonstrating that the “war would not be limited geographically to Afghanistan.” (Feith 8/7/2004)

The arrest of al-Qaeda operative Nizar Trabelsi is revealed in the international press by this date, if not earlier. An article published by UPI on this day names Trabelsi as having been arrested (see September 13, 2001) in connection with the capture of one of his associates, Djamel Beghal, in Dubai (see July 24 or 28, 2001). (Bryant 9/21/2001) Trabelsi is linked to two shoe bombing plotters, Richard C. Reid and Saajit Badat. (O'Neill and McGrory 2006, pp. 231) The arrest is also mentioned in subsequent days on CNN and in the Washington Post, for example. (Slevin and Eggen 9/28/2001; Muriel 9/29/2001) Al-Qaeda may well already be aware that Trabelsi has been arrested, as he must have been out of contact for over a week at this point. However, the shoe bombing plot is not canceled and goes ahead, despite the bombers’ link to Trabelsi. One of the bombers backs out later for an unrelated reason (see (December 14, 2001)) and the other is thwarted when he attempts to blow up an aircraft in December (see December 22, 2001).

On September 22, 2001, an employee at the New York Post gets a blister on her finger. She will later test positive for cutaneous anthrax. Six others get sick from anthrax on September 26, 27, and 28, and October 1, including an assistant to NBC News anchor Tom Brokaw. But most of these cases their only visible symptoms are minor skin lesions. None of these cases are seen as anthrax infections at the time. On September 30, Robert Stevens, an employee at the tabloid The Sun, starts to feel ill. He will later die of the more serious inhalation anthrax (see October 4, 2001 and Shortly Afterwards and October 3, 2001). Only in the days right after his death will these earlier cases be properly diagnosed and linked to the anthrax letters. (South Florida Sun-Sentinel 12/8/2001)

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” (Golden 10/24/2004; Savage 2007, pp. 135)
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. (Savage 2007, pp. 138)

At the behest of Deputy Secretary of Defense Paul Wolfowitz, former CIA Director James Woolsey and a team of Justice and Defense Department officials fly to London on a US government plane to look for evidence tying Saddam Hussein to the 1993 bombing of the World Trade Center. Woolsey’s trip is in part the idea of neoconservative author Laurie Mylroie (see Late July or Early August 2001). It is the second such mission undertaken by Woolsey this year, as he made a similar trip in February (see February 2001). Woolsey is looking for evidence to support the theory (see Late July or Early August 2001 and Mid-September-October 2001) that Ramzi Yousef, the mastermind behind the 1993 WTC bombing, was actually an Iraqi agent who had assumed the identity of a Pakistani student named Abdul Basit. Woolsey visits the Swansea Institute, where Basit studied, to see if Basit’s fingerprints match those of Yousef, who is now serving a life sentence in a Colorado prison. Matching fingerprints would discredit the theory. (Strobel 10/11/2001; Rose and Vulliamy 10/14/2001; Harden 10/26/2001; Lang 6/2004) While in Europe, Woolsey also attempts to link the Iraqi government to 9/11 and the October 2001 anthrax attacks (see Mid-September-October 2001). But according to Knight Ridder, “Several of those with knowledge of the trips said they failed to produce any new evidence that Iraq was behind the attacks.” (Strobel 10/11/2001) Newsweek will similarly report in 2004 that “the results of the Woolsey mission were exactly what the FBI had predicted: that the fingerprints were in fact identical.” (Isikoff and Hosenball 4/21/2004) The local police in Swansea are curious about Woolsey’s visit and they call the US embassy in London to clarify if Woolsey is visiting in an official capacity. This alerts the State Department and CIA of Woolsey’s trip for the first time, and apparently both agencies are upset. One intelligence consultant familiar with the trip will say, “It was a stupid, stupid, and just plain wrong thing to do.” (Strobel 10/11/2001; Vest 11/21/2001) It is through this contact that Secretary of State Colin Powell and CIA Director George Tenet learn of Woolsey’s mission (see September 19-20, 2001). (Lang 6/2004)

A letter postmarked September 26, 2001 is sent to the FBI that seems to blame scientist Ayaad Assaad for the upcoming anthrax attacks. Assaad is an Egyptian-American. The letter is sent days after the first anthrax-laced letters were sent out (see September 17-18, 2001), but days before the first media reports of any anthrax-related illnesses (see October 4, 2001 and Shortly Afterwards). The letter will be received by the FBI on October 2 (see October 2, 2001). (Associated Press 5/16/2004)

The New York Times publishes an article by Sheryl Gay Stolberg entitled, “Some Experts Say US Is Vulnerable to a Germ Attack.” The article claims that the US “is inadequately prepared to confront bioterrorist attacks, according to a broad range of health experts and officials. The nation must develop new vaccines and treatments, they say, but it must also fortify its fragile public health infrastructure, the first line of defense in detecting and containing biological threats.” It further notes that since 9/11, “much of the discussion about bioterrorism has centered on a shortage of antibiotics and vaccines. But the bigger problem, officials agree, is a lack of basic public health infrastructure and preparedness that could thwart a terror attack or limit its effects. Doctors are poorly trained to recognize symptoms of infection with possible biological weapons, like plague and anthrax, which can resemble the flu.” Asha George, an expert on biological warfare, says, “We are not going to have a bomb fly out of the sky and land on somebody so that we can say, ‘Look, there’s a bomb, and we are all dying of anthrax.’ It is most likely going to be a covert release, and people will get sick and go to their hospitals, and the public health system will have to pick up on this.” Ironically, at the time this article is published, the 2001 anthrax attacks (see October 5-November 21, 2001) have already begun and some people have started to get sick but have not been properly identified as having anthrax infections (see September 22-October 2, 2001). The article notes that since shortly after 9/11, the Centers for Disease Control and Prevention have alerted state and local health departments to look for signs of illnesses that could be from a chemical or biological attack. The article also notes, “In the wake of the [9/11] attacks, some members of the public have developed intense fears of germ warfare, and are trying to stock up on their own supplies.” (Strolberg 9/30/2001)

After the October 2001 anthrax attacks (see October 5-November 21, 2001), government spending on bioweapons research skyrockets. For instance, the National Institutes of Health (NIH) spends $53 million on bioweapons research in 2001 and more than $1.6 billion in 2008. A total of more than $20 billion is spent on the field of research in the US from 2001 to 2008. When all projects underway in 2008 are completed, there will be ten times more space for working with the most dangerous substances, and thousands of additional scientists are working with deadly bioweapons agents. In 2008, research scholar Elisa Harris will comment that this surge in research using deadly germs “suggests that our biodefense program risks creating the very threat it is meant to fight.” (Harris 8/11/2008)

The “anti-terrorism” Patriot Act is introduced in Congress on October 2, 2001 (see October 2, 2001), but it is not well received by all. (US Congress 10/2/2001) One day later, Senate Majority Leader and future anthrax target Tom Daschle (D-SD) says he doubts the Senate will take up this bill in the one week timetable the administration wants. As head of the Senate, Daschle has great power to block or slow passage of the bill. Attorney General John Ashcroft accuses Senate Democrats of dragging their feet. (Lancaster 10/3/2001) On October 4, Senate Judiciary Committee Chairman and future anthrax target Patrick Leahy (D-VT) accuses the Bush administration of reneging on an agreement on the bill. Leahy is in a key position to block or slow the bill. Some warn that “lawmakers are overlooking constitutional flaws in their rush to meet the administration’s timetable.” Two days later, Ashcroft complains about “the rather slow pace…over his request for law enforcement powers… Hard feelings remain.” (Lancaster 10/4/2001) The anthrax letters to Daschle and Leahy are sent out between October 6-9 as difficulties in passing the Patriot Act continue (see October 6-9, 2001).

Scientist Ayaad Assaad is interviewed by the FBI. Just one day before, the FBI received a letter that was mailed to an FBI office on September 26 (see September 26, 2001) and seems to point the blame for the upcoming anthrax attacks at Assaad. He is living in Washington, DC, at the time, and is interviewed by FBI agents Mark Buie and Gregory Leylegian at the FBI’s Washington field office. His lawyer, Rosemary McDermott, is also present. The agents read him the entire letter aloud and briefly show it to him, but will not allow him to make a copy of it.
bullet The one page, single-spaced letter says “Dr. Assaad is a potential biological terrorist,” and he is planning to mount a biological attack against the US. It adds he has the “means and will” to succeed.
bullet It continues, “I have worked with Dr. Assaad, and I heard him say that he has a vendetta against the US government and that if anything happens to him, he told his sons to carry on.”
bullet Assaad worked at USAMRIID, the US Army’s top bioweapon laboratory, until he was laid off in 1997, and the letter gives accurate details about Assaad’s security clearances when he worked there.
bullet Since 1997, Assaad has worked at the Environmental Protection Agency, and the letter gives accurate details about his job there as well.
bullet The letter mentions slightly inaccurate details about Assaad’s commute from his home in Frederick, Maryland, to his EPA job in Virginia.
bullet It states that Assaad is a “religious fanatic.” (Assaad is a Christian but many assume he is Muslim due to his Egyptian ancestry.) (Seper 2/26/2002; Savino 2/28/2002; Dolan 2/17/2004)
bullet It makes reference to “further terrorist activity” by Assaad without mentioning what his supposed previous terrorist activity was. (Foster 9/15/2003)
bullet The letter is not signed.
Several days later, after the anthrax attacks are made public, Assaad contacts the FBI and gives a list of the former co-workers he suspects could have been behind the letter. It is not clear if the FBI does anything with this however, as they rebuff his repeated attempts to be interviewed. Despite the obvious potential connection to the anthrax attacks, which first become known two days after this interview, the FBI will not interview Assaad again on the matter until May 2004 (see May 11, 2004). (Seper 2/26/2002; Savino 2/28/2002)

Robert Stevens.Robert Stevens. [Source: Associated Press]The first case of anthrax infection, of Robert Stevens in Florida, is reported in the media (see October 3, 2001). Letters containing anthrax will continue to be received until October 19. After many false alarms, it turns out that only a relatively small number of letters contain real anthrax (see October 5-November 21, 2001). (South Florida Sun-Sentinel 12/8/2001) In 2004, Washington Post columnist Richard Cohen will recall how a widespread sense of panic spread across the US over the next few weeks, as millions felt the anthrax could target them next. He will write, “People made anthrax-safe rooms, and one woman I know of had a mask made for her small dog. I still don’t know if that was a touching gesture or just plain madness.” He says, “The [9/11] terrorist attacks coupled with the anthrax scare unhinged us a bit—or maybe more than a bit.” But he will also mention that the panic quickly passed and was largely forgotten by most people. (Cohen 7/22/2004) Columnist Glenn Greenwald will later comment in Salon, “After 9/11 itself, the anthrax attacks were probably the most consequential event of the Bush presidency. One could make a persuasive case that they were actually more consequential. The 9/11 attacks were obviously traumatic for the country, but in the absence of the anthrax attacks, 9/11 could easily have been perceived as a single, isolated event. It was really the anthrax letters—with the first one sent on September 18, just one week after 9/11—that severely ratcheted up the fear levels and created the climate that would dominate in this country for the next several years after. It was anthrax… that created the impression that social order itself was genuinely threatened by Islamic radicalism.” (Greenwald 8/1/2008)

The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. [Source: Reuters and Associated Press] (click image to enlarge)Two waves of letters containing anthrax are received by media outlets including NBC and the New York Post (see September 17-18, 2001), and Democratic senators Tom Daschle and Patrick Leahy (see October 6-9, 2001). The letters sent to the senators both contain the words “Death to America, Death to Israel, Allah is Great.” Five people die:
bullet October 5: Robert Stevens, 63, an employee at the Sun, a tabloid based in Florida.
bullet October 21: Thomas Morris Jr., 55, a postal worker in Washington, DC.
bullet October 22: Joseph Curseen Jr., 47, a postal worker in Washington, DC.
bullet October 31: Kathy Nguyen, 61, a hospital employee in New York City.
bullet November 21: Ottilie Lundgren, 94, of Oxford, Connecticut.
At least 22 more people get sick but survive. Thirty-one others test positive for exposure. As a result of these deaths and injuries, panic sweeps the nation. On October 16, the Senate office buildings are shut down, followed by the House of Representatives, after 28 congressional staffers test positive for exposure to anthrax (see October 16-17, 2001). A number of hoax letters containing harmless powder turn up, spreading the panic further. (South Florida Sun-Sentinel 12/8/2001; Associated Press 8/7/2008) Initially it is suspected that either al-Qaeda or Iraq are behind the anthrax letters (see October 14, 2001, October 15, 2001, October 17, 2001, and October 18, 2001). (Rose 10/14/2001; BBC 10/16/2001) However, by November, further investigation leads the US government to conclude that, “everything seems to lean toward a domestic source.… Nothing seems to fit with an overseas terrorist type operation (see November 10, 2001).” (Washington Post 10/27/2001; St. Petersburg Times 11/10/2001)

The message of the anthrax letter addressed to Tom Daschle.The message of the anthrax letter addressed to Tom Daschle. [Source: FBI]On October 9, two letters containing deadly anthrax spores are postmarked. One letter is sent to Senator Tom Daschle (D-SD) and the other is sent to Senator Patrick Leahy (D-VT). The letters are sent from a mailbox in Trenton, New Jersey. They could be sent any time after 5 p.m. on October 6 (the last pick up on the day, a Saturday), and before 5 p.m. on October 9. (There is no pickup on October 7, a Sunday, and October 8 is Columbus Day.) The letter to Daschle is opened by one of his staffers on October 15 (see October 15, 2001). It contains the message:
bullet 09-11-01
bullet YOU CAN NOT STOP US.
bullet WE HAVE THIS ANTHRAX.
bullet YOU DIE NOW.
bullet ARE YOU AFRAID?
bullet DEATH TO AMERICA.
bullet DEATH TO ISRAEL.
bullet ALLAH IS GREAT.
The writing is the same slanted, block style used in the earlier wave of anthrax letters (see September 17-18, 2001), and the content of the message is very similar. The letter to Leahy is mis-routed and not discovered until mid-November (see October 15, 2001). It contains the exact same message. Unlike the earlier wave of letters, both of these letters contain return addresses, but to bogus addresses in other New Jersey towns. The anthrax in the letters is also deadlier than the anthrax in the earlier letters. (Foster 9/15/2003)

Bensayah Belkacem at Guantanamo.Bensayah Belkacem at Guantanamo. [Source: US Defense Department]US intelligence intercepts numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Bensayah Belkacem, an operative living in Bosnia. The New York Times will later report that shortly after 9/11, “American intelligence agencies, working closely with the government of neighboring Croatia, listened in as Mr. Belkacem and others discussed plans for attacks.” One US official says, “He was apparently on the phone constantly to Afghanistan, with Zubaida and others. There were dozens of calls to Afghanistan.” Belkacem, an Algerian, had moved to Bosnia to fight in the early 1990s war there, then obtained Bosnian citizenship and settled in Zenica, working for an Islamic charity. (Shenon 1/23/2002) On October 8, 2001, Bosnian police detain Belkacem. While searching his home, they find a piece of note listing the name “Abu Zubeida” and Zubaida’s phone number. (Whitlock 8/21/2006) It is later revealed that Belkacem made 70 calls to Zubaida between 9/11 and his arrest and more calls before then. He had repeatedly sought a visa to leave Bosnia for Germany just before 9/11. Phone transcripts show Zubaida and Belkacem discussed procuring passports. (Purvis 11/12/2001) A US official will later claim that it was believed Zubaida was in Afghanistan with bin Laden at the time of Belkacem’s arrest. (Shenon 1/23/2002) It has not been explained why this knowledge was not used to capture or kill Zubaida and/or bin Laden. It appears that Western intelligence agencies had been monitoring Zubaida’s calls as far back as 1996 (see (Mid-1996) and October 1998 and After). Belkacem and five of his associates will be renditioned to Guantanamo Bay prison in 2002 and remain imprisoned there (see January 18, 2002).

On October 9, 2001, Senator Russ Feingold (D-WI) blocks an attempt to rush the Patriot Act to a vote with little debate and no opportunity for amendments. He criticizes the bill as a threat to civil liberties. (Holland 10/10/2001) One day earlier, in the story “Cracks in Bipartisanship Start to Show,” the Washington Post reported, “Congress has lost some of the shock-induced unity with which it first responded to the [9/11] attacks.” (Dewar 10/8/2001) Also on October 9, identical anthrax letters are postmarked in Trenton, New Jersey, with lethal doses to Senators Tom Daschle and Patrick Leahy. Inside both letters are the words, “Death to America, Death to Israel, Allah is Great” (see October 15, 2001). (Associated Press 8/7/2008)

The FBI allows the original batch of the Ames strain of anthrax to be destroyed, making tracing the type of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) more difficult. The Ames strain actually originates from a dead cow in Texas, but Iowa State University in Ames has kept many vials of Ames and other anthrax strains collected over more than seven decades. This entire collection is destroyed. It is unclear who wanted the collection destroyed or why. The FBI learned the anthrax used in the attack letters was the Ames strain on October 5 (see October 5, 2001), but this will not be publicly confirmed until October 25. The FBI denies it approved the destruction and say they only did not oppose it, but university officials say the FBI gave explicit approval. (Broad et al. 11/9/2001; South Florida Sun-Sentinel 12/8/2001) The Ames strain is one of 89 known varieties of anthrax and is commonly used in US military research. The Washington Post will later report that “The [Ames strain identification], as compelling as a human fingerprint, shifted suspicion away from al-Qaeda and suggested another disturbing possibility: that the anthrax attacks were the work of an American bioweapons insider.” The identification of the Ames strain focuses much attention on two top US Army bioweapons laboratories in particular that have heavily used Ames: USAMRIID in Maryland and Dugway Proving Ground in Utah (see Late 2001). (Thompson 9/14/2003)

Vice President Dick Cheney suggests al-Qaeda could be behind the recent anthrax attacks (see October 5-November 21, 2001). Cheney tells PBS: “We know that [Osama bin Laden] has over the years tried to acquire weapons of mass destruction, both biological and chemical weapons. We know that he’s trained people in his camps in Afghanistan. For example, we have copies of the manuals that they’ve actually used to train people with respect to how to deploy and use these kinds of substances. So, you start to piece it altogether. Again, we have not completed the investigation and maybe it’s coincidence, but I must say I’m a skeptic.” He adds, “I think the only responsible thing for us to do is proceed on the basis that it could be linked.” (BBC 10/13/2001) A senior FBI official will claim in 2008 that this comment came shortly after the FBI told the White House that the anthrax strain was most likely too technically advanced to have been made by al-Qaeda (see Shortly After October 5, 2001).

The Observer reports that investigators of the anthrax attacks (see October 5-November 21, 2001) believe Iraq is the prime suspect. One CIA source says, “They aren’t making this stuff in caves in Afghanistan. ‘This is prima facie evidence of the involvement of a state intelligence agency. Maybe Iran has the capability. But it doesn’t look likely politically. That leaves Iraq.” (Rose and Vulliamy 10/14/2001) However, this theory only remains the predominant one for a few days. On October 19, the New York Times is dismissive of the Iraq theory and suggests al-Qaeda or a disgruntled American loner could be behind the attacks instead (see October 19, 2001). In November, the American loner theory will become predominant (see November 10, 2001). But in late 2002, with war against Iraq growing increasingly likely, the Iraq theory appears to make a comeback (see October 28, 2002).

The envelope to the Tom Daschle letter.The envelope to the Tom Daschle letter. [Source: FBI]Two Democratic senators are targets of the 2001 anthrax attacks (see October 5-November 21, 2001). On this day, Senator Tom Daschle’s office opens a letter mailed October 9, containing a lethal dose of anthrax (see October 6-9, 2001). A similar letter to Senator Patrick Leahy mailed the same day and from the same location is misrouted to Virginia on October 12, and is not discovered until November 17. Neither Leahy nor Daschle come into contact with the anthrax, but some of Daschle’s staffers do. (South Florida Sun-Sentinel 12/8/2001)

Twenty-eight congressional staffers test positive for anthrax. The Senate office buildings are shut down, followed by the House of Representatives. (South Florida Sun-Sentinel 12/8/2001) None of the staffers are killed by the anthrax attacks (see October 5-November 21, 2001).

Vice President Cheney chairs a National Security Council meeting because President Bush is overseas. According to journalist Bob Woodward, who later interviews many participants in the meeting, the topic of the recent anthrax attacks is discussed (see October 5-November 21, 2001). CIA Director George Tenet suggests that al-Qaeda is behind the attacks. He also adds, “I think there’s a state sponsor involved. It’s too well thought out, the powder’s too well refined. It might be Iraq, it might be Russia, it might be a renegade scientist,” perhaps from Iraq or Russia. Vice President Cheney’s chief of staff I. Lewis Libby also suggests the anthrax attacks were state sponsored. “We’ve got to be careful on what we say. If we say it’s al-Qaeda, a state sponsor may feel safe and then hit us thinking they will have a bye because we’ll blame it on al-Qaeda.” Tenet replies, “I’m not going to talk about a state sponsor.” Vice President Cheney comments, “It’s good that we don’t, because we’re not ready to do anything about it.” (Woodward 2002, pp. 244) No strong evidence will emerge tying the attacks to al-Qaeda or any state sponsor. The anthrax attacks still remain completely unsolved.

Senator John McCain (R-AZ) appears on the Late Show with David Letterman. Asked on how the recent US invasion of Afghanistan is progressing, McCain says, “I think we’re doing fine… The second phase… the second phase is Iraq. There is some indication, and I don’t have the conclusions, but some of this anthrax may—and I emphasize may—have come from Iraq.… If that should be the case, that’s when some tough decisions are gonna have to be made.” (McCain 8/1/2008)

Former US soldier and UN weapons inspector Scott Ritter decries efforts to blame the recent anthrax attacks (see October 5-November 21, 2001) on the Iraqi government. Ritter was a UN weapons inspector in Iraq until 1998, when inspections stopped. He points out that during these inspections, Iraq’s biological weapons programs were completely dismantled. For instance, al Hakum, Iraq’s biological weapons production facility where all its anthrax was produced, was blown up and all its equipment was destroyed (see 1998). He also says that when Iraq did have an anthrax program, it exclusively used the Vollum strain of anthrax, whereas evidence already points to the likelihood that the anthrax attacks used the US-based Ames strain. Ritter concludes: “Those who have suggested that Iraq is the source of the anthrax used in the current attacks—including Richard Butler, a former chairman of the UN weapons inspection effort—merely fan the flames of fear and panic. There is no verifiable link whatever and it is irresponsible for someone of Mr Butler’s stature to be involved in unsubstantiated speculation.” (Ritter 10/19/2001)

White House Press Secretary Ari Fleischer makes a comment about the recent anthrax attacks (see October 5-November 21, 2001). He says: “There is a suspicion that this is connected to international terrorists. Having said that, investigators also do not rule out that it could be something domestic, that it could be a lone person operating doing this, or it could be terrorism. The suspicion is that it is terrorism, but there is no hard evidence yet at this point to lead anybody who is investigating these matters to reach a conclusion on any of these sources.” (Stearns 10/23/2001) The same day, House Minority Leader Richard Gephardt (D-MO) echoes Fleisher’s comment and links the attacks to overseas terrorists. He says, “I don’t think there’s a way to prove that, but I think we all suspect that.” (US Department of State 10/23/2001) In 2004, Washington Post columnist Richard Cohen will say that, at the time it was widely believed that the anthrax attacks were somehow connected to the 9/11 attacks several weeks before. He will cite Fleischer and Gephardt’s comments as one reason why so many made the connection. (Cohen 7/22/2004)

Patrick J. Fitzgerald is confirmed as US Attorney for the Northern District of Illinois, centering in Chicago. Senator Peter Fitzgerald (R-IL—no relation to Patrick Fitzgerald) nominated Fitzgerald for the position because he felt Fitzgerald, a native New Yorker and veteran prosecutor with no ties to Chicago, would be less likely to become corrupted by what he thought to be the “Chicago Democrat machine.” Fitzgerald had come highly recommended by, among others, Louis Freeh, then the director of the FBI. White House political chief Karl Rove later says that he did not oppose Fitzgerald’s nomination, though he was somewhat disturbed by Senator Fitzgerald’s insistence on the nomination. Rove will recall: “Senator Fitzgerald’s attitude was: ‘I’m not going to submit multiple names. I will take only one name, and this is all that is going to be acceptable.’ And we asked him to submit multiple names, and we also asked him to think about people from within the districts. Our predilection was to have people from within the district selected. We thought it, you know, encouraged a civic-minded attitude among lawyers. It made certain that you had some fresh blood that would flow in. If you pick people from outside the district, they tend to be career prosecutors. And Senator Fitzgerald was particularly unimpressed by this. He said that, in Chicago, the politics in Chicago were such that no US Attorney from Chicago could exist without being subverted by the political influence peddlers in Chicago, that they would be bought off by the big law firms and the Chicago Democrat machine. And so he was going to only provide us one name for each, the Northern District and the Southern District. Following my very effective telephone conversation with him, he responded by going out and announcing to the press that the president was nominating his two names from the Northern and Southern Districts.” Rove will say that he did not oppose Fitzgerald’s nomination, and it would not have been proper for him to do so: “That wasn’t mine—once that conversation was over, it wasn’t mine to have an opinion. I believe the president has a right to appoint. And that means that senators have, by tradition, the right to recommend. But they are usurping a presidential right when they go out and name the nominee before the president has even had a chance to evaluate multiple names and settle on who he wants and do the necessary staff work to arrive at it. Fortunately, Senator Fitzgerald recommended two good names, and both of them worked out. But it was an unusual process that involved, in my opinion, a congressional usurpation of a presidential power.” Senator Fitzgerald will later say that Rove told him the selection of Patrick Fitzgerald “ticked off the [Illinois Republican] base,” a statement Rove will call “inaccurate.… I chalk it up to an overactive imagination.” Rove will go on to imply, without directly saying, that US Attorney Fitzgerald prosecutes Governor George Ryan (R-IL) as something of a political favor to Senator Fitzgerald, as the governor and the senator are political rivals within the Illinois Republican Party. Experienced in prosecuting high-profile terrorism cases (see January 1996), Fitzgerald will go on to chair the terrorism subcommittee of the Attorney General’s Advisory Committee (AGAC) and later become special counsel for the Lewis Libby leak investigation (see December 30, 2003). (Frankel 12/11/2008; Rove 7/7/2009 pdf file)

Maj. Gen. John Parker.Maj. Gen. John Parker. [Source: Public domain]On October 25, 2001, Homeland Security Director Tom Ridge tells reporters that the anthrax used in a letter sent to Sen. Tom Daschle (D-SD) was “highly concentrated” and “pure” and that a binding material was used, resulting in small spore clusters that are more easily spread. In contrast, the anthrax in a letter sent to the New York Post was coarser and less concentrated. Both letters used the same Ames strain of anthrax bacterium. (The Post letter was part of a less sophisticated first wave of letters (see September 17-18, 2001) and the Daschle letter was from the second wave (see October 6-9, 2001).) On October 29, Major General John Parker, commanding general of USAMRIID, the US Army’s top bioweapons laboratory, makes similar comments at a White House briefing. He says silica was found in the Daschle letter anthrax and the anthrax spore concentration in the Daschle letter was ten times that of the New York Post letter. The presence of a binding agent like silica supports theories that the anthrax used in the attacks was “weaponized” (highly sophisticated and deadly) and more likely made by a government team than a single individual. But in 2006, the FBI will reverse course and say there was no silica or any other type of binding agent in any of the anthrax letters (see August 2006). An anonymous former government official will later claim, “Those judgments were premature and frankly wrong.” He will say that top government officials with no scientific background received briefings from people who also were not scientists and “the nuances got lost.” (Ember 12/4/2006) But the idea of the data being lost in translation does not jibe with Parker’s comments at the time, especially since Parker is a qualified scientist. For instance, he says, “I have looked at the specimen under the microscope, both the electron microscope and the scanning microscope, and I can say that the sample was pure spores.” (Matsumoto 11/1/2001)

Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” (National Council of La Raza Law Journal 10/2001; Sotomayor 10/26/2001 pdf file; New York Times 5/14/2009) After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).

The US government no longer thinks al-Qaeda is behind the anthrax attacks (see October 5-November 21, 2001). The Washington Post reports in a front-page story: “Top FBI and CIA officials believe that the anthrax attacks… are likely the work of one or more extremists in the United States who are probably not connected to Osama bin Laden’s al-Qaeda terrorist organization, government officials said yesterday.” An unnamed senior official adds, “Everything seems to lean toward a domestic source… Nothing seems to fit with an overseas terrorist type operation.” The Post suggests neo-Nazi and/or right-wing hate groups could be behind it. (Woodward and Eggen 10/27/2001) Not long after, the FBI releases a profile of the perpetrator of the anthrax attacks. He is suspected of being a lone, male domestic terrorist, with a scientific background and laboratory experience who could handle hazardous materials. (St. Petersburg Times 11/10/2001)

Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” (Bartley 10/29/2001)

White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. (Golden 10/24/2004) There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. (Golden 10/24/2004) When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” (Goldenberg 6/9/2004) “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” (Golden 10/24/2004)

Scores of family planning clinics in at least 12 states have received letters containing anthrax threats, according to officials of feminist and abortion-rights organizations. Eleanor Smeal of the Feminist Majority Foundation says that over 200 clinics and advocacy organizations received letters in early November, all delivered in Federal Express envelopes. The envelopes that were opened contained a suspicious white powder and letters signed by the Army of God (AOG), a violent anti-abortion group (see 1982). This was the second such mailing in recent weeks; the first mailing was comprised of some 280 letters containing threatening letters and white powder purporting to be anthrax. None of the powder in any of the envelopes contained real anthrax; the letters were apparently hoaxes. Some of the letters in the latest mailings said: “You’ve ignored our earlier warnings. You’ve been exposed to the real thing. High-quality.” Groups targeted by the mailings include the Feminist Majority Foundation, the Center for Reproductive Law and Policy, Catholics for a Free Choice, Advocates for Youth, and the American Association of University Women. The persons responsible for the mailings somehow obtained the account numbers of two pro-choice organizations, the Planned Parenthood Federation of America and the National Abortion Federation, and used those accounts to pay for the mailings. The mailings have been traced to at least three drop-off locations in Virginia and Philadelphia. More packages are believed to be en route, and Federal Express is trying to intercept them. “I think the people responsible are despicable,” says Vicki Saporta of the National Abortion Federation. “They actually used our account number and our address, so our members would feel comfortable opening them.” Gloria Feldt, president of the Planned Parenthood Federation of America, says: “These letters are designed to terrorize us, and disrupt our work and our lives. That’s terrorism, plain and simple, and we take it very seriously.… The fact that they would forge the names of our staff members to terrorize employees is truly evil. Their heinous activities will not succeed.” Brian Emanuelson of the Connecticut Department of Environmental Protection says, “These were intended to be a threat to scare people and we want to make sure this is not what they say it is.” (CBS News 11/9/2001) The anthrax mailings were from anti-abortion activist and AOG member Clayton Waagner (see 1997-December 2001).

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” (Inspectors General 7/10/2009, pp. pp. 11-13)
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. (ACLU.org 2/7/2006; United States District Court of DC 10/19/2007; American Civil Liberties Union 3/19/2011)
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. (al [PDF] 2/2/2006 pdf file) The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. (Delegates 2/13/2006 pdf file) On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). (Al-Haramain v. Obama 3/31/2010)

In conjunction with the Federalist Society, the Heritage Foundation publishes a legal paper that appears to reflect much of the thinking at this time of prominent White House and Justice Department lawyers. The paper espouses the use of military commissions, arguing that this will offer the government several advantages. “In particular,” the paper’s authors argue, “trials before military tribunals need not be open to the general public and they may be conducted on an expedited basis, permitting the quick resolution of individual cases and avoiding the disclosure of highly sensitive intelligence material, which would have to be made public in an ordinary criminal trial.” The disadvantage of a normal trial would be that they would be limited by constitutional rules with regard to “what can be done to protect classified information.” In addition, in “federal district courts, the government has an obligation under Article III and the Sixth Amendment to conduct a ‘public trial’ and present to the jury, in open court, the facts on which it is relying to establish a defendant’s guilt.” But the authors do acknowledge that “[t]he use of military commissions with respect to individuals not regularly enrolled in a military force, represents a clear departure from normal legal processes and some of America’s most fundamental judicial traditions.” Surprisingly, the Geneva Conventions of 1949 are not mentioned even once. Almost in passing, the authors suggest an option that is to become reality. “[I]t is likely,” they write, “that the Supreme Court would allow the trial overseas by military commission of al-Qaeda members captured in Afghanistan, regardless of how it would treat defendants in this country.” (Rivkin, Casey, and Bartram 11/5/2001; Rivkin, Casey, and Bartram 11/5/2001) It is an indication that by this time the government contemplates using the US Naval Station at Guantanamo Bay, which is formally on Cuban soil, to accommodate suspected al-Qaeda and Taliban detainees.

The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. (Golden 10/24/2004)

Italian police raid Youssef Nada’s villa in Lugano, Italy.Italian police raid Youssef Nada’s villa in Lugano, Italy. [Source: Keystone]The US and other countries announce the closure of the Al Taqwa Bank and the Al Barakaat financial network. President Bush says, “Al Taqwa and Al Barakaat raise funds for al-Qaeda. They manage, invest and distribute those funds.” US officials claim that both entities skimmed a part of the fees charged on each financial transaction it conducted and paid it to al-Qaeda. This would provide al-Qaeda with tens of millions of dollars annually. Additionally, Al Taqwa would provide investment advice and transfer cash for al-Qaeda. Al Taqwa is based in Switzerland while Al Barakaat is based in Dubai, United Arab Emirates. Over 100 nations are said to be cooperating with efforts to block the funds of these two groups. (Sanger and Eichenwald 11/8/2001) Swiss authorities raid Al Taqwa-related businesses and the homes of bank leaders Youssef Nada, Ali Himmat, and Ahmad Huber, but no arrests are made. In January 2002, Nada will announce that the Al Taqwa Bank is shutting down, due to bad publicity after the raids. He will maintain that he and his organization are completely innocent. (Hosenball 11/7/2001; Reuters 1/10/2002) Days after 9/11, Huber called the 9/11 attacks “counterterror against American-Israeli terror,” the World Trade Center a “the Twin Towers of the godless,” and the Pentagon “a symbol of Satan,” yet he will claim to have no ties to the attackers. (Reynolds 2/1/2002; Hosenball 3/18/2002) In searching Nada’s house, Swiss authorities discover a document entitled “The Project,” which is a strategic plan for the Muslim Brotherhood to infiltrate and defeat Western countries (see December 1982). By late 2002, both the US and UN will declare Al Taqwa Bank, Nada, and Ahmed Idris Nasreddin, another founder and director of the bank, supporters of terrorism. All of their accounts will be declared frozen worldwide. (US Department of the Treasury 8/29/2002) However, while Al Taqwa itself will be shut down, later reports will indicate that other financial entities operated by the directors will continue to operate freely (see June-October 2005).

In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” (New York Times 11/8/2001)

William J. Haynes.William J. Haynes. [Source: US Defense Department]William J. Haynes, Defense Secretary Donald Rumsfeld’s general counsel, shows a draft of a presidential order establishing military commissions to Colonel Lawrence J. Morris, a judge advocate general (JAG) attorney with strong experience in military justice and the laws of war. Morris heads a Pentagon legal team that has so far been excluded from the discussion on how suspected terrorists should be prosecuted. Col. Morris is given just 30 minutes to read the draft but is not allowed to keep a copy or even take notes. The next day, the Army’s Judge Advocate General, Major General Thomas J. Romig, hastily convenes a meeting of Pentagon lawyers to prepare suggestions for improvement, with an eye on bringing the order closer to existing military legal standards. The final order, however, includes none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. (Golden 10/24/2004; Savage 2007, pp. 138)

Th Los Angeles Times reports, “The FBI is increasingly convinced that the person behind the recent anthrax attacks is a lone wolf within the United States who has no links to terrorist groups but is an opportunist using the Sept. 11 hijackings to vent his rage…” The FBI is said to base this conclusion on “case studies, handwriting and linguistic analysis, forensic data and other evidence.” FBI investigators say they are looking for “an adult male with at least limited scientific expertise who was able to use laboratory equipment easily obtained for as little as $2,500 to produce high-quality anthrax.” They believe he is an “anti-social loner” who “has little contact with the public and carries deep-seated resentments but does not like direct confrontation.” However, these investigators admit that psychological profiling is a rough science, especially since they have little more than a small number of words written on the anthrax-laced letters. The letters appear to have tried to frame Muslims for the attacks. For instance, each letter contains the phrase “Allah is great.” Investigators say they are not completely ruling out an overseas connection to the letters, such as an Iraqi or Russian connection, but they consider it very unlikely. Investigators have not explained why they are so confident the attacks were caused by only one person. (Lichtblau and Garvey 11/10/2001)

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” (White House 11/13/2001; Savage 2007, pp. 138; Gellman and Becker 6/24/2007)
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. (Unger 2007, pp. 221-222)
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. (White House 11/13/2001; Unger 2007, pp. 221-222; Gellman and Becker 6/24/2007)
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” (Unger 2007, pp. 223-224)

Asif Kasi.Asif Kasi. [Source: New York Times / Jessica Kourkounis]The FBI investigates three Pakistani-born city officials in Chester, Pennsylvania, for possible roles in the recent anthrax attacks (see October 5-November 21, 2001). The three are Asif Kazi, an accountant in the city’s finance department, Dr. Irshad Shaikh, the city’s health commissioner, and his brother Dr. Masood Shaikh, who runs the city’s lead-abatement program. Kazi is in his city hall office when FBI agents burst in and interrogate him. He is questioned for hours about an unknown liquid he had been seen carrying out of his house. In fact, the dishwasher had broken down and he was bailing out his kitchen. Meanwhile, agents with drawn guns knock down the front door to his house while his wife is cooking in the kitchen. Dozens of boxes are carried out of the house. Agents in bioprotection suits also search the Shaikh brothers’ house and carry away their computers. None of the three ever had any connection to anthrax and none of them are arrested. The searches are national news for several days, severely damaging their reputations. Three days after the raid, an FBI agent tells the Washington Post that the raid did not pan out. The FBI learns that a disgruntled employee had called in a bogus tip. But the FBI never publicly clears them. (Schmidt and Goldberg 11/15/2001; Miller and Klaidman 8/4/2002; Broad and Shane 8/9/2008) Even a year later, an FBI spokesperson says the raids are still “a pending matter.” (Caruso 9/5/2002) Trouble for the three men will continue. The Shaikh brothers’ applications for US citizenship is blocked, their visas run out, and they both eventually have to leave the US. Kazi is already a US citizen, but he is put on a no-fly watch list. He is searched and interrogated for a couple of hours every time he travels in or out of the US. His name will finally be taken off the list in 2007. (Broad and Shane 8/9/2008)

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. (US Department of Defense 11/13/2001; Lardner and Slevin 11/14/2001; Golden 10/24/2004)
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” (Wallach 9/29/2004) Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). (Savage 2007, pp. 138)
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. (Golden 10/24/2004)
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. (Golden 10/24/2004)
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” (Cheney 11/14/2001) Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). (Gellman and Becker 6/24/2007)

President Bush’s order to establish military tribunals, or commissions, to try suspected terrorists (see November 13, 2001) is defended by Vice President Cheney, who tells reporters that the suspects subjected to such tribunals “don’t deserve to be treated as prisoners of war. They don’t deserve the same guarantees and safeguards we use for an American citizen.” Law professor Douglas Kmiec agrees. “This is the answer for what we’re dealing with: unlawful belligerents who do not come within our constitutional structure,” he says. “The president’s order is not extraordinary when one places it in the context of historic military campaigns.” Civil libertarians and administration critics disagree. Representative John Conyers (D-MI) says military commissions are based on the “thinnest legal precedents” and would “antagonize our allies and alienate the many legal immigrants in this country.” Law professor Anne-Marie Slaughter notes: “President Bush has said this is a war to bring terrorists to justice. So the real question is, what’s justice? That requires a fair trial and proof beyond a reasonable doubt, and that is not the aim of a military tribunal.” A better option, she says, would be convening an international war crimes tribunal. And law professor Joshua Rosenkranz says: “There is a natural temptation to hunker down whenever we are in crisis. But there is a danger that this hysteria-driven effort to protect to ourselves is weakening the foundations of our democracy.” (Biskupic and Willing 11/15/2001)

The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). (BBC Radio 4 7/13/2003)

Suspected al-Qaeda operative Mohammed Saad Iqbal Madni (see Early January-January 9, 2002) flies from Pakistan to Jakarta, where he used to live as a teenager. He allegedly worked on a shoe bomb plot with Richard Reid (see December 22, 2001). (Chandrasekaran and Finn 3/11/2002) He will soon be arrested by Indonesian authorities at the request of the CIA (see Early January-January 9, 2002).

Scorching criticism of President Bush’s Executive Order (see November 13, 2001) comes from the Center for National Security Studies, which says it “violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers.” The order is also an “unconstitutional attempt to suspend the writ of habeas corpus.” (Martin 11/19/2001) Law professor Kathleen Clark similarly states: “These military tribunals are troubling in many respects, particularly in their denial of basic due process protection for defendants. But even apart from this question of civil liberties, this presidential order is unconstitutional because the president lacks the authority under the constitution and statutory law to create this kind of court.” (Clark 11/19/2001)

Two radical Muslims involved in a shoe bombing plot, Richard Reid and Saajit Badat, travel to Pakistan and Afghanistan to meet an al-Qaeda bomb maker named Midhat Mursi (a.k.a. Abu Khabab al-Masri). Mursi has been working on a plan to get enough plastic explosive to puncture a plane’s fuselage into a shoe and thinks he has finally succeeded. It is unclear where the explosives the two men later obtain for the plot come from. At his trial, Reid will claim that he obtains the explosives from a neo-Nazi group and then rigs a bomb he tries to detonate on an airliner himself. However, the prosecution will point out that a hair and a palm print found on the mechanism are not his. If the two men do obtain the explosives directly from Mursi, it is unclear how they manage to transport them back to Britain, to which they return on December 5. (O'Neill and McGrory 2006, pp. 230-231) The war is raging in Afghanistan at this time (see November 26, 2001), but this does not seem to hinder them.

Salim Hamdan is captured in Afghanistan. (Guantanamo Military Commissions 11/20/2007 pdf file) Hamdan is an Arab who has lived in Afghanistan for some time and has some knowledge about al-Qaeda and its operations there. He will later become well known after he is transferred to Guantanamo and engages in a series of legal battles to gain his freedom (see November 8, 2004 and June 30, 2006). (Gomez 7/24/2008; Mikkelsen 7/24/2008) At some point, he is handed over to the FBI. However, agents for the bureau do not read him his Miranda rights. “Our policy at the time was not to read Miranda rights,” FBI special agent Robert Fuller will say in testimony at a US military commission hearing for Hamdan. Reuters will later write, “Similar warnings must be given to suspects in US military custody, and suspects overseas who may face US charges commonly receive warnings.” FBI special agent Stewart Kelley will say, “If they are a suspect, and they are detained, a Miranda is usually given.” (Mikkelsen 7/24/2008)

Salim Hamdan, a detainee with some knowledge about al-Qaeda who was captured in late November, takes FBI agents on two tours of facilities associated with al-Qaeda in Afghanistan. Hamdan and the agents twice drive around Kandahar in the months after his capture and he points out compounds owned by Osama bin Laden, including Tarnak Farms, and guest houses where al-Qaeda members could safely stay, which the agents take pictures of. Robert Fuller, one of the agents who accompanies Hamdan, will later say: “The first compound, when we arrived to it, it was destroyed. No roof was left.” The second compound is intact, and “in great shape,” according to Fuller. Hamdan also tells the FBI of his time at a training camp, but says he only stayed for a month and then returned to a guest house to be with his family. In addition, he identifies several high-ranking al-Qaeda officials and describes visits by bin Laden and other al-Qaeda figures to the camp. They gave speeches and “offered words of encouragement,” according to FBI agent Craig Donnachie. (Gomez 7/24/2008; Mikkelsen 7/24/2008) Despite this co-operation, Hamdan will be transferred to Guantanamo, held there for years, and prosecuted in a military commission (see June 30, 2006).

A USAMRIID technician opening one of the anthrax letters in December 2001.A USAMRIID technician opening one of the anthrax letters in December 2001. [Source: Agence France-Presse / Getty Images]A front-page Washington Post story suggests that the Ames strain of anthrax used in the recent anthrax attacks (see October 5-November 21, 2001) likely originated from USAMRIID, the US Army’s top biological laboratory at Fort Detrick, Maryland, and was shared with only a small number of other labs. USAMRIID gave it to the Battelle Memorial Institute, in Columbus, Ohio; the University of New Mexico Health Sciences Center, in Albuquerque, New Mexico; the Defense Research Establishment Suffield, in Canada; the US Army Dugway Proving Ground, in Utah; and the Chemical Defense Establishment at Porton Down, Britain. These in turn sent it to seven more labs, for a total of a dozen. But only five labs received the virulent form, and some of these may have received strains that were too old to have been the Anthrax used in the mailings, since it is known the anthrax used was two years old or less. (Fainaru and Warrick 11/30/2001; Johnston and Broad 6/23/2002)

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