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Context of 'June 15, 2004: White House Lobbying Causes 9/11 Commission to Water Down Staff Report'

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Robert De La Cruz, a Justice Department lawyer, writes a detailed analysis that considers the legal issues that would be involved in shooting down an aircraft that was under the control of terrorists who intended to use it as a weapon. De La Cruz, a trial attorney with the Department of Justice Criminal Division’s Terrorism and Violent Crime Section (TVCS), apparently writes the analysis on his own initiative. He sends it to Cathleen Corken, the TVCS’s deputy chief for domestic terrorism. The 34-page document is titled “Aerial Intercepts and Shoot-Downs: Ambiguities of Law and Practical Considerations.” In it, among other things, De La Cruz discusses Article 3 bis of the Chicago Convention, a set of rules created after a Soviet fighter jet shot down Korean Airlines Flight 007, in 1983 (see September 1, 1983), which is “now considered to be international law.” He states that the “Federal Aviation Administration believes, or at least operates as if, Article 3 bis is binding upon the United States.”
Article States that Using Weapons against Civil Aircraft Should Be Avoided - De La Cruz notes that, according to the article, “The contracting states recognize that every state must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of the aircraft must not be endangered.” He also notes that “contracting states recognize that every state, in the exercise of its sovereignty, is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority [or] if there are reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of this convention.” De La Cruz then describes what he considers three failures of Article 3 bis.
Action Is Only Permitted Once an Aircraft Has Entered a State's Airspace - The first problem is that the article “only permits a state to avail itself of the article’s provisions once the offending aircraft has entered the territorial airspace of the state.” If the aircraft was carrying a weapon of mass destruction, he explains, “awaiting territorial arrival of the aircraft may be too late.” In this scenario, if the aircraft was allowed to enter the “territorial airspace” of the state, “prevailing winds could theoretically spread an airborne-detonated biological weapon or chemical weapon onto the targeted state.”
Analysis Considers the Effects of a Plane Being Crashed into a Building - De La Cruz then states that this failure of the article could still apply if the offending aircraft was carrying no weapons. Significantly, in light of what will happen on September 11, 2001, he points out that this is because “the aircraft itself can be a potent weapon.” He considers the destruction that could result from a commercial airliner being crashed into a building, writing: “An airborne Boeing 747 can weigh in excess of 2 million pounds, retain structural integrity at flight speeds exceeding 500 miles per hour, and can carry many thousands of gallons of kerosene-based jet fuel. If used as a weapon, such an aircraft must be considered capable of destroying virtually any building located anywhere in the world.”
Article Fails to Authorize 'Deadly Force' against a Hostile Aircraft - The second problem with Article 3 bis, according to De La Cruz, is that it fails to specify what actions are permitted when an aircraft refuses to comply with instructions. While the article “requires states to make noncompliance punishable by ‘severe penalties,’” he writes, “it does not explicitly authorize the use of deadly force.”
Article Is Not Designed to Deal with Planes under the Control of Terrorists - The third failure De La Cruz describes regards “what actions are permissible when dealing with a terrorist-controlled, hijacked, or surreptitiously armed plane that is carrying a weapon of mass destruction to an intended target.” He notes, “Notwithstanding various works of fiction (see August 17, 1994), to date there are no reported actual incidents of a hijacked civil aircraft being deliberately and successfully used as a flying bomb.” All the same, he continues, “Article 3 bis was designed to protect otherwise legitimate civil aircraft that have wandered off course; it is not designed to deal with the issue of… a passenger airliner that has been deliberately converted for use as a kamikaze.” He concludes that the US should be prepared to shoot down a hostile aircraft, irrespective of what the article states. “It is certainly neither the policy nor intention of the United States to shoot down civil aircraft,” he comments, “but if necessity demands it we shall do it regardless of our formal or informal ratification of Article 3 bis.”
Document Will Be Called a 'Prescient Pre-9/11 Analysis' - It is unclear whether any action will be taken in response to De La Cruz’s analysis after the lawyer sends it to Corken. But the 9/11 Commission Report will call the document a “prescient pre-9/11 analysis of an aircraft plot.” [US Department of Justice, 3/30/2000; 9/11 Commission, 7/24/2004, pp. 346, 561] On September 11, senior government officials including the president and vice president will discuss the possibility of shooting down a hijacked commercial aircraft (see (Shortly After 9:56 a.m.) September 11, 2001, (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001, (Between 10:00 a.m. and 10:20 a.m.) September 11, 2001, and 10:18 a.m.-10:20 a.m. September 11, 2001). [Washington Post, 1/27/2002; 9/11 Commission, 7/24/2004, pp. 40-41]

Entity Tags: Cathleen Corken, Robert De La Cruz

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism “tsar” Richard Clarke, who is in the White House Situation Room, requests a fighter escort for Air Force One and authorization for the Air Force to shoot down threatening aircraft. According to Clarke’s own account, when they see President Bush starting his short speech from the Booker Elementary School library on television (at about 9:30), he and others in the Situation Room briefly discuss getting the president away from the school to somewhere safer. Clarke then telephones the Presidential Emergency Operations Center (PEOC) below the White House, which contains Vice President Dick Cheney and others. He speaks with Army Major Mike Fenzel and instructs him: “Mike, somebody has to tell the president he can’t come right back here [to Washington]. Cheney, Condi, somebody. Secret Service concurs. We do not want them saying where they are going when they take off. Second, when they take off, they should have fighter escort. Three, we need to authorize the Air Force to shoot down any aircraft—including a hijacked passenger flight—that looks like it is threatening to attack and cause large-scale death on the ground. Got it?” Fenzel replies, “Roger that, Dick, get right back to you.” This conversation appears to take place shortly before the Pentagon attack occurs, so roughly around 9:35 or 9:36, as soon afterwards Secret Service Director Brian Stafford slips Clarke a note stating that radar shows an aircraft heading their way (see (9:37 a.m.) September 11, 2001), and then Ralph Seigler, the Situation Room deputy director, reports an explosion having occurred at the Pentagon. [Clarke, 2004, pp. 6-7] However, it is unclear how long it takes for Clarke’s requests to be implemented. According to some accounts, fighters do not arrive to accompany Air Force One until an hour or more after it takes off (see (11:29 a.m.) September 11, 2001). Reports are also contradictory as to when shootdown authorization is given for the Air Force. According to Clarke’s own recollections, it is given between around 9:38 and 9:56 (see (9:38 a.m.) September 11, 2001 and (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). Other accounts, including that of the 9/11 Commission, state that it is not given until after 9:56, possibly as late as 10:20 (see (Shortly After 9:56 a.m.) September 11, 2001 and 10:18 a.m.-10:20 a.m. September 11, 2001).

Entity Tags: Richard A. Clarke, Mike Fenzel

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to one account, counterterrorism “tsar” Richard Clarke is given the go-ahead to authorize Air Force jets to shoot down threatening aircraft around this time. In late 2003, Clarke will recall to ABC News that, minutes earlier, he’d picked up the phone in the White House Situation Room and called Vice President Dick Cheney, who is in the Presidential Emergency Operations Center (PEOC) below the White House. He’d told him: “We have fighters aloft now. We need authority to shoot down hostile aircraft.” [ABC News, 11/29/2003] This call appears to be one Clarke also describes in his 2004 book Against all Enemies, though in that account he will describe having made his request to Army Major Mike Fenzel, who is also in the PEOC, rather than directly to Cheney. According to that account, the call occurred shortly before Clarke learns of the Pentagon attack, so roughly around 9:36 (see (Between 9:30 a.m. and 9:37 a.m.) September 11, 2001). [Clarke, 2004, pp. 6-7] Clarke describes to ABC News, “I thought that would take forever to get that [shootdown] authority.” But, “The vice president got on the phone to the president, got back to me, I would say within two minutes, and said, ‘Do it.’” [ABC News, 11/29/2003] If correct, this would mean the president authorizes military fighters to shoot down threatening aircraft at around 9:37-9:38. However, around this time, the president and vice president are reportedly having difficulty communicating with each other, while Bush heads from the Booker Elementary School to the Sarasota airport (see (9:34 a.m.-9:43 a.m.) September 11, 2001). [New York Times, 6/18/2004; Canadian Broadcasting Corporation, 9/10/2006] Furthermore, this account contradicts several others. In his 2004 book, Clarke will describe being told to inform the Pentagon it has shootdown authorization slightly later, some time between 9:45 and 9:56 (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8] According to journalists Bob Woodward and Bill Sammon, Bush gives the shootdown authorization in a phone call with Cheney shortly after 9:56 (see (Shortly After 9:56 a.m.) September 11, 2001). [Sammon, 2002, pp. 102; Woodward, 2002, pp. 17-18; Washington Post, 1/27/2002] The 9/11 Commission will say he gives it in a call at 10:18 (see 10:18 a.m.-10:20 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 41]

Entity Tags: Richard A. Clarke, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Shortly after boarding Air Force One, President Bush speaks by phone with Vice President Dick Cheney for approximately 10 minutes. [Hayes, 2007, pp. 335-336] According to the 9/11 Commission, Cheney had reached the underground tunnel leading to the Presidential Emergency Operations Center (PEOC) below the White House at 9:37 a.m. (see (9:37 a.m.) September 11, 2001). He and the Secret Service agents escorting him had paused in an area of the tunnel with a secure phone and a television. He’d then asked to speak to the president, but it had taken a while for his call to be connected. However, elsewhere in its final report, the Commission will indicate that Bush, not Cheney, makes this phone call, saying that after he’d boarded Air Force One, the president “called the vice president.” [9/11 Commission, 7/24/2004, pp. 39-40] Cheney will later recall making “one phone call [to the president] from the tunnel. And basically I called to let him know that we [at the White House] were a target and I strongly urged him not to return to Washington right away, that he delay his return until we could find out what the hell was going on.” [Newsweek, 12/30/2001; 9/11 Commission, 7/24/2004, pp. 464] He will recall, “What I was immediately thinking about was sort of continuity of government.” [Hayes, 2007, pp. 335-336] According to notes made by White House press secretary Ari Fleischer, who is with the president on Air Force One, at about 9:45 a.m. Bush tells Cheney: “Sounds like we have a minor war going on here, I heard about the Pentagon. We’re at war… somebody’s going to pay.” [9/11 Commission, 7/24/2004, pp. 39 and 463; Fleischer, 2005, pp. 141] Bush instructs Cheney to call the congressional leadership and give them a briefing. [New Yorker, 9/25/2001] (However, around this time, Capitol Hill is being evacuated (see 9:48 a.m. September 11, 2001).) The 9/11 Commission will state that, according to “contemporaneous notes,” at 9:55 a.m. “the vice president [is] still on the phone with the president advising that three planes [are] missing and one had hit the Pentagon.” [9/11 Commission, 7/24/2004, pp. 40] In his book Against All Enemies, counterterrorism “tsar” Richard Clarke will indicate that it is around the time this call occurs that he is informed that the president has authorized the military to shoot down hostile aircraft (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8] Yet various accounts of Bush and Cheney’s call will make no mention of the president and vice president discussing any orders or making any decisions. [Sammon, 2002, pp. 101; Woodward, 2002, pp. 16; 9/11 Commission, 7/24/2004, pp. 39-40; Hayes, 2007, pp. 335-336] Their call apparently ends around 9:56 a.m.-9:57 a.m., as, according to the 9/11 Commission, Cheney enters the PEOC “shortly before 10:00, perhaps at 9:58.” [9/11 Commission, 7/24/2004, pp. 40] (However, some accounts will indicate that he enters the PEOC significantly earlier than this (see (Shortly After 9:03 a.m.) September 11, 2001).) After hanging up, Bush turns to the men who are with him at his desk: his chief of staff Andrew Card, his senior adviser Karl Rove, military aide Lieutenant Colonel Tom Gould, and Fleischer. He tells them: “That’s what we’re paid for, boys. We’re gonna take care of this. When we find out who did this, they’re not gonna like me as president. Somebody’s going to pay.” [Sammon, 2002, pp. 101; Woodward, 2002, pp. 17] According to some accounts, shortly after finishing this call, the president and vice president will be back on the phone with each other (see (Shortly After 9:56 a.m.) September 11, 2001 and (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001).

Entity Tags: George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An air traffic controller at the FAA’s Cleveland Center enters a new flight plan for Flight 93 into the FAA computer system, giving a new destination of Reagan National Airport in Washington, DC. Flight 93 is currently flying in the airspace covered by the Cleveland Center’s Imperial Sector radar position, which is being managed by controller Linda Justice. [Federal Aviation Administration, 9/11/2001; St. Petersburg Times, 9/12/2001; 9/11 Commission, 10/2/2003 pdf file; Lynn Spencer, 2008]
Controller Enters New Flight Plan for Flight 93 - Justice changes the flight’s destination code from “SFO,” the code for San Francisco International Airport, to “DCA,” the code for Ronald Reagan Washington National Airport. [St. Petersburg Times, 9/12/2001] An FAA chronology will specify that she changes the flight plan “direct HGR [the code for Hagerstown Regional Airport in Maryland] to DCA.” [Federal Aviation Administration, 9/11/2001] Another FAA chronology will similarly state that Justice reroutes Flight 93 “direct to Hagerstown direct to Washington National.” [Federal Aviation Administration, 12/6/2001] Flight 93’s tag therefore now reads, “Hagerstown—National,” according to Justice. [9/11 Commission, 10/2/2003 pdf file]
New Flight Plan Not Due to Communication with Pilot - The reason Justice enters a new flight plan for Flight 93 is unclear. A minute earlier, the hijacker pilot on Flight 93 reprogrammed the plane’s navigational system for the new destination of Reagan Airport (see 9:55 a.m. September 11, 2001). [Longman, 2002, pp. 182; 9/11 Commission, 7/24/2004, pp. 457] And according to the St. Petersburg Times, controllers typically only change a plane’s destination when this is requested by the pilots. [St. Petersburg Times, 9/12/2001] But one of the FAA chronologies will state that Justice’s change to the flight plan is “not a result of any communication with the pilot.” [Federal Aviation Administration, 9/11/2001]
Flight Plan Changed to Aid Handoff to Washington Controllers - Justice will later explain why she changes the flight plan. She will state that Flight 93 appears to be heading toward the airspace of the FAA’s Washington Center, and so, in “an attempt to expedite the situation,” she enters the change of routing to reflect Hagerstown Airport to Reagan Airport. She will say she does this “only to forward [the] information [about Flight 93] to the sectors the aircraft appeared to be tracking toward.” [Federal Aviation Administration, 9/12/2001 pdf file] Justice will tell the 9/11 Commission that she changes the routing when she sees Flight 93 is heading eastbound. She will say, “The easiest way to do a handoff is to change the flight plan,” and also say she changes the flight plan “to show that Washington Center was the recipient.” According to Justice, the “controversial step” she takes is “putting in Hagerstown, because the misconception was that she had communicated with the plane and cleared it through.” [9/11 Commission, 10/2/2003 pdf file] John Werth, another controller at the Cleveland Center, will tell the 9/11 Commission that Justice enters the new destination for Flight 93 “because she knew it would be easier to track the primary [radar track for the aircraft] when the computer has a flight plan to work with.” [9/11 Commission, 10/1/2003 pdf file] After changing the flight plan, Justice calls the Potomac Sector radar position at the Washington Center and tells the controller there to “pull up the data block” for Flight 93. Justice will say it is clear to the Washington Center controller that she has created the new destination in order to make it easier to locate the plane. [Federal Aviation Administration, 9/12/2001 pdf file; 9/11 Commission, 10/2/2003 pdf file]
New Flight Plan Causes False Reports of Plane Approaching Washington - According to author Lynn Spencer, the new flight plan creates a “coast track” of Flight 93 on the traffic situation displays at air traffic control facilities. “A coast track,” Spencer will write, “differs from a radar track in that it is not supported by radar returns but rather by a computer-generated, projected course for the flight. Although this track did not appear on controller radar screens, its presence on their [traffic situation displays] allowed Washington controllers to monitor the flight’s progression toward Washington.” According to Spencer, the presence of this coast track leads to incorrect reports of an aircraft approaching Washington in the minutes after Flight 93 crashes. She will write, “A controller in Washington, unaware that the flight had crashed, was calling position reports for the coast track of United 93 to the White House (see (Between 10:10 a.m. and 10:15 a.m.) September 11, 2001)… as well as the FBI at the Pentagon (where firefighters were evacuated and the firefight suspended in anticipation of a second impact)” (see (10:15 a.m.-10:38 a.m.) September 11, 2001). [Lynn Spencer, 2008]

Entity Tags: John Werth, Linda Justice, Cleveland Air Route Traffic Control Center, Washington Air Route Traffic Control Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush talks on the phone to Vice President Dick Cheney. Cheney recommends that Bush authorize the military to shoot down any plane that might be under the control of hijackers. “I said, ‘You bet,’” Bush later recalls. “We had a little discussion, but not much.” [USA Today, 9/16/2001; Newsday, 9/23/2001; Washington Post, 1/27/2002; CBS News, 9/2/2003] Bush recalls that this isn’t a difficult decision for him to make, “once I realized there was a protocol… because again, I now realized we’re under attack. This is a war.” According to journalists Bob Woodward and Bill Sammon, this call between Bush and Cheney takes place shortly after 9:56, when Air Force One took off from the Sarasota airport. [Sammon, 2002, pp. 102; Woodward, 2002, pp. 17-18; Washington Post, 1/27/2002] Consistent with this, Bush and Cheney will tell the 9/11 Commission that Bush gives the shootdown authorization during a call estimated to occur between about 10:00 and 10:15 (see (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001). But the 9/11 Commission will say the authorization is given in a later call, at 10:18 (see 10:18 a.m.-10:20 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40-41] Bush later indicates that he doesn’t make any major decisions about how to respond to the attacks until after boarding Air Force One, which fits with these accounts of him approving shootdown authorization after take off. [White House, 12/4/2001; Wall Street Journal, 3/22/2004 pdf file] But according to counterterrorism “tsar” Richard Clarke, the authorization is given earlier, at some point between about 9:38 and 9:56 (see (9:38 a.m.) September 11, 2001 and (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [ABC News, 11/29/2003; Clarke, 2004, pp. 8]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lynne Cheney conferring with Dick Cheney in the early afternoon on 9/11.Lynne Cheney conferring with Dick Cheney in the early afternoon on 9/11. [Source: David Bohrer / White House]Vice President Dick Cheney, accompanied by his wife, enters the Presidential Emergency Operations Center (PEOC), a bunker below the East Wing of the White House, after being evacuated from his office by the Secret Service. [Newsweek, 12/30/2001; 9/11 Commission, 7/24/2004, pp. 39-40] Secret Service agents hurried Cheney out of his office in the West Wing of the White House at around 9:36 a.m., according to some accounts (see (9:36 a.m.) September 11, 2001), although other accounts will suggest he was evacuated from there at around 9:03 a.m. (see (Shortly After 9:03 a.m.) September 11, 2001). [New York Times, 9/13/2001; ABC News, 9/14/2002; 9/11 Commission, 7/24/2004, pp. 39-40; Gellman, 2008, pp. 115] Cheney paused in an underground tunnel leading to the PEOC (see (9:37 a.m.) September 11, 2001), where he talked on the phone with President Bush (see (9:45 a.m.-9:56 a.m.) September 11, 2001) and was joined by his wife, Lynne Cheney, after she arrived at the White House (see (9:55 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40]
Cheney and Wife Go into Conference Room - After he finishes his call with the president, the vice president goes with his wife into the PEOC. [Cheney and Cheney, 2011, pp. 2] They pass through a small communications studio and then turn left into a larger conference room. [Gellman, 2008, pp. 116] There is “conflicting evidence” about when Cheney arrives in the conference room, according to the 9/11 Commission Report. The 9/11 Commission will conclude, however, that he enters it “shortly before 10:00, perhaps at 9:58.” [9/11 Commission, 7/24/2004, pp. 40]
Cheney Now in a Position to 'Receive Reports' and 'Make Decisions' - In the middle of the conference room, according to journalist and author Stephen Hayes, “is a rectangular wood table, long enough to seat 16 people comfortably. At several places around the table, drawers contain a white telephone for secure communications. A second row of chairs along the wall provides room for support staff.” The vice president takes his place at the center of the table. [Hayes, 2007, pp. 337-338] Cheney will describe: “On the wall across from me were two large television screens and a camera for videoconferencing. A side wall contained another video camera and two more TV screens.” [Cheney and Cheney, 2011, pp. 2] He will comment that in the conference room, he is “in a position to be able to see all the stuff coming in, receive reports, and then make decisions in terms of acting with it.” [Meet the Press, 9/16/2001]
Cheney Starts 'Working the Problem' - Cheney will recall that shortly after he enters the conference room, he watches the first World Trade Center tower collapsing on television (see 9:59 a.m. September 11, 2001). Then, he will say, he “plugged in and start[ed] working the phones and working the problem.” [White House, 11/19/2001] A short time after he enters the PEOC, according to the 9/11 Commission Report, Cheney will talk over the phone with the president (see (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40]

Entity Tags: Richard (“Dick”) Cheney, Lynne Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney talking to Condoleezza Rice.Dick Cheney talking to Condoleezza Rice. [Source: David Bohrer / White House] (click image to enlarge)According to the 9/11 Commission, Vice President Dick Cheney is told that the Air Force is trying to establish a combat air patrol (CAP) over Washington. Cheney, who is in the Presidential Emergency Operations Center (PEOC) below the White House, then calls President Bush on Air Force One to discuss the rules of engagement for this CAP. Cheney later tells the 9/11 Commission that he’d felt “it did no good to establish the CAP unless the pilots had instructions on whether they were authorized to shoot if the plane would not divert.” He recalls that “the president signed off on that concept.” Bush will recall this phone call and emphasize to the 9/11 Commission that, during it, he had authorized the shootdown of hijacked aircraft. National Security Adviser Condoleezza Rice, who is in the PEOC with Cheney, will tell the Commission she recalls hearing Cheney inform the president: “Sir, the CAPs are up. Sir, they’re going to want to know what to do.” Then she hears Cheney say, “Yes sir.” However, as the Commission will later note, “Among the sources that reflect other important events that morning there is no documentary evidence for this call, although the relevant sources are incomplete” (see (Mid 2004)). [9/11 Commission, 7/24/2004, pp. 40-41] Reportedly, some members of the Commission’s staff will not believe this call between Bush and Cheney ever took place. [Newsweek, 6/20/2004] Cheney phones Bush at 10:18 (see 10:18 a.m.-10:20 a.m. September 11, 2001). According to the 9/11 Commission, it is in fact during that call that Bush authorizes the military to shoot down threatening aircraft. [9/11 Commission, 7/24/2004, pp. 41]

Entity Tags: 9/11 Commission, Richard (“Dick”) Cheney, Condoleezza Rice, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

United Airlines official Sandy Rogers calls Ellen King at the FAA’s Command Center to discuss Flight 93. The timing of the call is not known specifically, although it appears to be after the Pentagon was hit and could not be long after Flight 93 is thought to have crashed, which is shortly after 10:00 a.m. (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). Rogers tells King that Flight 93 has been hijacked, and King responds, “Oh God… thank you,” indicating she was previously unaware of the hijacking. However, the FAA had been aware of the situation since a few minutes after the hijacking took place (see (9:33 a.m.) September 11, 2001 and 9:34 a.m. September 11, 2001). Rogers also says: “It’s over Hagerstown now and you’re not aware of it. It’s heading toward Washington, DC, and we are under a threat of a hijacking on board and this flight is out of our control now heading toward Washington, DC.” Rogers states that United Airlines is “advising the military” about the plane and King also says that the FAA will do the same. [Federal Aviation Administration, 10/14/2003, pp. 37-39 pdf file] However, there are no other reports of Flight 93 ever being over Hagerstown, which is in Maryland. Flight 93 is said to crash in Shanksville, Pennsylvania, and is thought never to reach Maryland. There will be some—apparently mistaken—reports that the plane is still airborne after it is thought to have crashed (see (Between 10:10 a.m. and 10:15 a.m.) September 11, 2001 and 10:10 a.m.-10:11 a.m. September 11, 2001), and this may be another such report.

Entity Tags: Federal Aviation Administration, Ellen King, United Airlines, Sandy Rogers

Timeline Tags: Complete 911 Timeline

The air traffic control tower at Andrews Air Force Base, near Washington, DC, broadcasts regular warnings over radio that any aircraft entering the restricted airspace around the capital will be shot down, even though, according to the 9/11 Commission, the president does not authorize the shooting down of threatening aircraft until 10:18 a.m. [9/11 Commission, 2004; 9/11 Commission, 2/17/2004; 9/11 Commission, 3/11/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 41] The Andrews control tower begins broadcasting warning messages over the Air Traffic Information System (ATIS) at 10:05 a.m. [9/11 Commission, 3/11/2004 pdf file] The ATIS is an automatic information system over which “[p]re-recorded airfield advisory information is automatically transmitted at timed intervals over the airways on a specific frequency.” [US Air Force, 10/1/1999 pdf file]
Planes Told They Could Be 'Shot Down' - A 9/11 Commission document summarizing key transmissions from the Andrews tower will show that warning messages are broadcast about once or twice every 10 minutes. The messages, which are all quite similar, include: “No fly notice. Remain clear of Andrews Class B airspace or you will be shot down,” and, “Any aircraft monitoring Andrews Approach Control frequency: remain clear of Andrews Class B airspace or you will be shot down.” [9/11 Commission, 2/17/2004] (Class B airspace is restricted airspace in which no one is supposed to fly without a working transponder and permission from an air traffic controller. The airspace around much of Washington is designated Class B airspace. [Washington Post, 9/12/2001; New York Times, 9/29/2001] )
Fighter Pilots Hear Warning - At least one of the warning messages is heard by District of Columbia Air National Guard (DCANG) fighter pilots who launch from Andrews Air Force Base at 10:42 a.m. (see 10:42 a.m. September 11, 2001) and by pilots launched from Langley Air Force Base by NORAD’s Northeast Air Defense Sector (NEADS) earlier on (see (9:25 a.m.-9:30 a.m.) September 11, 2001). DCANG pilots Marc Sasseville and Heather Penney Garcia are flying at low altitude over Washington, while the three Langley pilots are above them at around 20,000 feet. Although they are on different radio frequencies, both sets of pilots hear a message over a shared channel: “Attention all aircraft monitoring Andrews tower frequency. Andrews and Class Bravo airspace is closed. No general aviation aircraft are permitted to enter Class Bravo airspace. Any infractions will be shot down.” [Filson, 2003, pp. 82]
Officers Hear Warning - The warning messages are also heard by DCANG officers at Andrews. After hearing that violators of the Washington airspace will be shot down, Brigadier General David Wherley thinks to himself, “I guess that will be us doing the shooting.” [Washington Post, 4/8/2002; Vogel, 2007, pp. 446] Apparently referring to the warnings from the Andrews tower, Lieutenant Colonel Phil Thompson will later recall: “We kind of winced at that, because there are plenty of hard reasons to not shoot somebody down. We were really in an ID posture—and trying to really be careful.” [Aviation Week and Space Technology, 9/9/2002]
Shootdown Not Authorized until 10:18 - Although the first of the warnings is broadcast at 10:05 a.m., President Bush only gives authorization for hostile aircraft to be shot down at 10:18 a.m., according to the 9/11 Commission, in a phone call with Vice President Dick Cheney (see 10:18 a.m.-10:20 a.m. September 11, 2001). Furthermore, NEADS only learns that NORAD has been given clearance to shoot down threatening aircraft at 10:31 a.m. (see 10:31 a.m. September 11, 2001). The 9/11 Commission document of Andrews tower transmissions will show that the warnings are broadcast until at least 11:05 a.m., although presumably they continue after that. [9/11 Commission, 2/17/2004; 9/11 Commission, 7/24/2004, pp. 41-42]

Entity Tags: District of Columbia Air National Guard, Heather Penney Garcia, Marc Sasseville, Phil Thompson, David Wherley, Andrews Air Force Base

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism “tsar” Richard Clarke is told by White House Situation Room Deputy Director Ralph Seigler, “Secret Service reports a hostile aircraft ten minutes out.” Two minutes later, he is given an update: “Hostile aircraft eight minutes out.” In actual fact, when Flight 93 crashed at 10:06 a.m., it was still about 15 minutes away from Washington. Clarke is also told that there are 3,900 aircraft still in the air over the continental US (which is roughly accurate); four of those aircraft are believed to be piloted by terrorists (which is inaccurate by this time). Joint Chiefs of Staff Vice Chairman Richard Myers then reports: “We have three F-16s from Langley over the Pentagon. Andrews is launching fighters from the DC Air National Guard. We have fighters aloft from the Michigan Air National Guard, moving east toward a potential hostile over Pennsylvania. Six fighters from Tyndall and Ellington are en route to rendezvous with Air Force One over Florida. They will escort it to Barksdale.” [North American Aerospace Defense Command, 9/18/2001; Clarke, 2004, pp. 8-9] However, fighters do not meet up with Air Force One until about an hour later (see (11:29 a.m.) September 11, 2001). Franklin Miller, a senior national security official who is working alongside Clarke on 9/11, and another official who is also in the Situation Room, will later fail to recall hearing any warning that a plane could be only minutes away. [New York Times, 3/30/2004] The time of this incident is unstated, but the Michigan fighters are not diverted until after 10:06 a.m. (see (After 10:06 a.m.) September 11, 2001). If it takes place after 10:06 a.m., this would parallel similar warnings about Flight 93 after it has already crashed provided to Vice President Dick Cheney elsewhere in the White House (see (Between 10:10 a.m. and 10:15 a.m.) September 11, 2001).

Entity Tags: Richard B. Myers, Franklin Miller, Richard A. Clarke, US Secret Service, Ralph Seigler

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney in the White House bunker, speaking to administration officials including (from left) Joshua Bolten, Karen Hughes, Mary Matalin (standing), Condoleezza Rice and I. Lewis ‘Scooter’ Libby.Dick Cheney in the White House bunker, speaking to administration officials including (from left) Joshua Bolten, Karen Hughes, Mary Matalin (standing), Condoleezza Rice and I. Lewis ‘Scooter’ Libby. [Source: David Bohrer / White House] (click image to enlarge)The Secret Service, viewing projected path information about Flight 93, rather than actual radar returns, does not realize that Flight 93 has already crashed. Based on this erroneous information, a military aide tells Vice President Dick Cheney and others in the White House bunker that the plane is 80 miles away from Washington. Cheney is asked for authority to engage the plane, and he quickly provides it. The aide returns a few minutes later and says the plane is 60 miles out. Cheney again gives authorization to engage. A few minutes later and presumably after the flight has crashed or been shot down, deputy White House chief of staff Josh Bolten suggests Cheney contact President Bush to confirm the engage order. Bolten later tells the 9/11 Commission that he had not heard any prior discussion on the topic with Bush, and wanted to make sure Bush knew. Apparently, Cheney calls Bush and obtains confirmation (see 10:18 a.m.-10:20 a.m. September 11, 2001). [9/11 Commission, 6/17/2004] However, there is controversy over whether Bush approved a shootdown before this incident or whether Cheney gave himself the authority to make the decision on the spot. As Newsweek notes, it is a moot point in one sense, since the decision was made on false data and there is no plane to shoot down. [Newsweek, 6/20/2004]

Entity Tags: US Secret Service, Joshua Bolten, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A lieutenant colonel at the White House repeatedly relays to the National Military Command Center (NMCC) at the Pentagon that Vice President Dick Cheney has confirmed that fighter jets are cleared to engage an inbound aircraft if they can verify that the aircraft is hijacked. The lieutenant colonel notifies the NMCC of the authorization over the air threat conference call (see 9:29 a.m.-9:34 a.m. September 11, 2001). Cheney, who is in the Presidential Emergency Operations Center (PEOC) below the White House, said at sometime between 10:10 and 10:15 that fighters could engage an aircraft that was reportedly approaching Washington (see (Between 10:10 a.m. and 10:15 a.m.) September 11, 2001). However, it is only when Cheney calls President Bush at 10:18 a.m. that Bush confirms the shootdown order (see 10:18 a.m.-10:20 a.m. September 11, 2001). The shootdown order will be received by NORAD, and then, at 10:31 a.m., sent out to its three air defense sectors in the continental US (see 10:31 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 41-42; Spencer, 2008, pp. 240]

Entity Tags: National Military Command Center, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a phone call with Vice President Dick Cheney, President Bush authorizes the military to shoot down hostile aircraft. Minutes earlier, in the Presidential Emergency Operations Center (PEOC) below the White House, a military aide had asked Cheney for the authority to engage what appeared to be an inbound aircraft, and Cheney had promptly given it (see (Between 10:10 a.m. and 10:15 a.m.) September 11, 2001). During a subsequent quiet moment, deputy White House chief of staff Josh Bolten, who is also in the PEOC, suggested to Cheney that he contact the president to confirm the engage order. Therefore at 10:18 a.m., according to White House logs, Cheney calls Bush, who is on board Air Force One, and speaks with him for two minutes. White House press secretary Ari Fleischer notes that at 10:20 a.m., Bush informs him that he has authorized the shootdown of aircraft, if necessary. According to the 9/11 Commission, “Fleischer’s 10:20 note is the first mention of shootdown authority.” [9/11 Commission, 7/24/2004, pp. 41 and 465] Bush’s senior adviser Karl Rove, who is also on Air Force One, gives a similar account, later telling NBC News that “at about 10:20,” Bush goes from his office into the private cabin in front of it, “and took a phone call, and came back in and said that he had talked to the vice president and to the secretary of defense and gave the authorization that [the] military could shoot down any planes not under control of their crews that were gearing critical targets.” [MSNBC, 9/11/2002] But other accounts indicate the president gives the shootdown authorization earlier than this. Bush and Cheney will claim that Bush gives the authorization during a call estimated to occur between about 10:00 and 10:15 (see (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40] Similarly, according to journalists Bob Woodward and Bill Sammon, Bush gives it in a call with Cheney soon after 9:56, when Air Force One takes off (see (Shortly After 9:56 a.m.) September 11, 2001). [Sammon, 2002, pp. 102; Woodward, 2002, pp. 17-18; Washington Post, 1/27/2002] Counterterrorism “tsar” Richard Clarke says it is given even earlier. He states that, at some point between about 9:38 and 9:56, he is instructed to tell the Pentagon it has authorization from the president to shoot down hostile aircraft (see (9:38 a.m.) September 11, 2001 and (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [ABC News, 11/29/2003; Clarke, 2004, pp. 8]

Entity Tags: George W. Bush, Karl C. Rove, Richard (“Dick”) Cheney, Ari Fleischer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

William Haynes.William Haynes. [Source: C-SPAN]Timothy Flanigan, the deputy White House counsel, and John Bellinger, senior associate counsel to the president and legal adviser to the National Security Council, discuss whether the president has the legal authority to order the shooting down of a civilian aircraft and Flanigan then consults a Pentagon lawyer to get his opinion on the issue. [C-SPAN, 2/28/2009; Eichenwald, 2012, pp. 35-36] President Bush authorized the US military to shoot down hostile aircraft in a phone call with Vice President Dick Cheney at 10:18 a.m., according to the 9/11 Commission Report (see 10:18 a.m.-10:20 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 41] Flanigan, who is in the White House Situation Room, has heard about this and understands the reasons for Bush’s directive, but is concerned about its legality. He approaches Bellinger, mentions the shootdown order, and asks, “Do we have the legal authority nailed down for this?” Bellinger hands him an instant transcript of the conversation between Bush and Cheney. “Here’s the authority,” he says.
White House Lawyer Wants to Know the Opinion of the Military - Flanigan will later recall that he is currently certain of two things regarding the shootdown authorization. Firstly, since it has already been given, “any legal analysis was going to be woefully behind the event.” And secondly, he knows it “was completely justified as a matter of the president’s exercise of commander-in-chief authority to repel an immediate attack.” All the same, he feels uncomfortable. He realizes this is an issue for the military to consider. He therefore instructs an officer in the Situation Room to track down Defense Department General Counsel William Haynes. He is soon on the phone with the lawyer, who is at the Pentagon this morning, and tells him what he read in the transcript of Bush and Cheney’s conversation. Haynes says he already knows about the shootdown authorization. “We need the best possible rational legal basis for this,” Flanigan explains. “We’ve got commander-in-chief authority,” he continues, but adds, “Is there any other authority we can rely on?” Haynes says he will look into this.
Pentagon Lawyer Determines that Only the President Can Issue a Shootdown Order - Haynes thinks the most obvious issue with the shootdown authorization is constitutional, according to journalist and author Kurt Eichenwald. “Under the 14th Amendment, the passengers on those planes could not be deprived of their rights to life, liberty, and property without due process of law,” and “shooting them out of the sky didn’t meet that standard,” Eichenwald will write. Furthermore, Haynes thinks, the Fourth Amendment prohibits “unreasonable search and seizure,” and shooting down a commercial aircraft “would be quite a dramatic seizure” of the citizens on board. All the same, he knows that “the preamble of the Constitution spoke of providing for a common defense and promoting the general welfare,” and, “Under Article 2, the president was the commander in chief of the military.” He therefore determines that the issue of possibly shooting down a commercial aircraft is “a matter of self-defense, of protecting the citizenry, balanced against the rights of the passengers.” With this in mind, he concludes that a shootdown order “could be lawfully issued… but only by the president.” He soon returns to the phone and gives Flanigan his opinion.
Lawyer Says a NORAD Statute Authorizes Shooting Down Hostile Aircraft - However, according to Flanigan’s later recollection, Haynes gives a very different explanation why the president’s shootdown authorization was legal than the reasoning Eichenwald will describe. Flanigan will recall that Haynes tells him someone has already looked into the matter. “There is authority under…” he says, and then cites a “NORAD statute that gives the national command structure authority to deal with imminent threats in US airspace.” [C-SPAN, 2/28/2009; Eichenwald, 2012, pp. 35-36]

Entity Tags: William J. Haynes, Timothy E. Flanigan, John Bellinger

Timeline Tags: Complete 911 Timeline

After he finally arrives at the National Military Command Center in the Pentagon (see (10:30 a.m.) September 11, 2001), Donald Rumsfeld’s primary concern, according to the 9/11 Commission, is “ensuring that the [military fighter] pilots [have] a clear understanding of their rules of engagement.” [9/11 Commission, 7/24/2004, pp. 44] Rumsfeld later recalls, “It was clear they needed rules of engagement telling them what they should and should not do. They needed clarity. And there were no rules of engagement on the books for this first-time situation where civilian aircraft were seized and were being used as missiles.” By this time, the president has supposedly already given authorization for the military to shoot down hijacked aircraft (see (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001), and Dick Cheney informs Rumsfeld of this over the air threat conference at 10:39 (see 10:39 a.m. September 11, 2001). Rumsfeld says that, “Throughout the course of the day,” along with acting Joint Chiefs of Staff Chairman Richard Myers, he “returned to further refine those rules.” [9/11 Commission, 3/23/2004] As journalist Andrew Cockburn will later remark though, Rumsfeld’s work on the rules of engagement “was an irrelevant exercise for he did not complete and issue them until 1:00 p.m., hours after the last hijacker had died.” [9/11 Commission, 7/24/2004, pp. 465; Cockburn, 2007, pp. 7]

Entity Tags: Donald Rumsfeld, Richard B. Myers

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Farmer.John Farmer. [Source: Publicity photo]The team of investigators on the 9/11 Commission that is investigating the events of the morning of September 11 comes to believe that a key part of Vice President Dick Cheney’s account is false. The team, led by John Farmer, is convinced that the decision to authorize the military to shoot down threatening aircraft on 9/11 was made by Cheney alone, not by President Bush. According to journalist and author Philip Shenon: “If Farmer’s team was right, the shootdown order was almost certainly unconstitutional, a violation of the military chain of command, which has no role for the vice president. In the absence of the president, military orders should have been issued by Defense Secretary [Donald] Rumsfeld, bypassing the vice president entirely.”
No Evidence - Other than Cheney’s own account of his actions that morning, and a subsequent attempt Bush made to confirm this account, the team has found no evidence that the president was involved in making the shootdown decision before Cheney issued the order, and much evidence that he was unaware of this decision. Shenon will describe: “Even in moments of crisis, the White House keeps extraordinary records of communications involving Bush and his senior staff; every phone call is logged, along with a detailed summary of what happened during the call.… But for 9/11, the logs offered no evidence of a call between Cheney and Bush in which Bush authorized a shootdown. And Farmer’s team reviewed more than just one set of communications logs. There were seven of them—one maintained by the White House telephone switchboard, one by the Secret Service, one by the Situation Room, and four separate logs maintained by military officers working in the White House.” [Shenon, 2008, pp. 265-266]
Issued by Cheney - The Commission believes Cheney issued the shootdown order between around 10:10 a.m. and 10:15 a.m. on 9/11, in response to reports of an aircraft heading toward Washington (see (Between 10:10 a.m. and 10:15 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 41]
No Notes - Yet deputy White House chief of staff Josh Bolten, who was with Cheney at the time, had reportedly “not heard any prior conversation on the subject [of shooting down aircraft] with the president.” As Newsweek describes: “Nor did the real-time notes taken by two others in the room, Cheney’s chief of staff, ‘Scooter’ Libby—who is known for his meticulous record-keeping—or Cheney’s wife, Lynne, reflect that such a phone call between Bush and Cheney occurred or that such a major decision as shooting down a US airliner was discussed.… National Security Adviser Condoleezza Rice and a military aide said they remembered a call, but gave few specifics.” [Newsweek, 6/20/2004] The notes of White House press secretary Ari Fleischer, who had been on Air Force One with the president, show no reference to a shootdown order until several minutes after Cheney issued it (see 10:18 a.m.-10:20 a.m. September 11, 2001).
"Completely Understandable" - Daniel Marcus, the general counsel of the 9/11 Commission, will later say he thought: “[I]n many ways, it would have been completely understandable for Cheney to issue a shootdown order without authorization from Bush. Whatever the constitutional issues, it would have been difficult to second-guess Cheney about a decision to save the White House from destruction if a suicide hijacker was bearing down on the capital and there were only seconds to act.” Yet, as Marcus will recall, Cheney’s staff is “obsessed with showing that he didn’t give the order.” [Shenon, 2008, pp. 266-267]
Cheney Angry - White House lawyers will subsequently lobby the 9/11 Commission to amend its treatment of the shootdown issue in one of its staff reports (see June 15, 2004). [Newsweek, 6/20/2004] And, on this same issue, an angry Cheney will try to get the 9/11 Commission Report changed just before it is released (see Shortly Before July 22, 2004). [Shenon, 2008, pp. 411-412]

Entity Tags: Richard (“Dick”) Cheney, John Farmer, 9/11 Commission, Daniel Marcus

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White House lawyers send an angry letter to the 9/11 Commission, which causes the Commission to water down its staff report account of Vice President Dick Cheney’s actions on September 11. [Newsweek, 6/20/2004] Members of the team of investigators on the 9/11 Commission examining the events of the morning of 9/11 believe that a key part of Cheney’s account, regarding the shootdown order, is false (see (Mid 2004)). [Shenon, 2008, pp. 265] The Commission has found that Cheney issued the shootdown order, but he and President Bush have stated that this was only after the president had authorized the shooting down of threatening aircraft during a phone call between the two men. [9/11 Commission, 7/24/2004, pp. 40-41] However, the Commission has found “no documentary evidence for this call.” Newsweek learns that “some on the Commission staff [are], in fact, highly skeptical of the vice president’s account and made their views clearer in an earlier draft of their staff report.” Some staffers “flat out didn’t believe the call ever took place.” But when the early draft was circulated among the Bush administration, it provoked an angry reaction. White House spokesman Dan Bartlett will say, “We didn’t think it was written in a way that clearly reflected the accounting the president and vice president had given to the Commission.” In a series of phone calls and a letter from its lawyers, the White House forcefully lobbies the Commission to change the language in its report. According to Newsweek, “Ultimately the chairman and vice chair of the Commission, former New Jersey governor Thomas Kean and former representative Lee Hamilton… agreed to remove some of the offending language. The report ‘was watered down,’ groused one staffer.” [Newsweek, 6/20/2004] The amended staff report will be presented days later, on June 17, at the final round of the Commission’s public hearings. [9/11 Commission, 6/17/2004; New York Times, 6/17/2004] Cheney will again be angry at how the Commission has dealt with the shootdown issue in its final report, and tries to get this report changed on the eve of its release (see Shortly Before July 22, 2004). [Shenon, 2008, pp. 267]

Entity Tags: Dan Bartlett, Richard (“Dick”) Cheney, 9/11 Commission, Thomas Kean, White House, Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

Vice President Dick Cheney is furious that the 9/11 Commission is going to conclude in its final report that it does not believe he has been telling the full truth about his actions on the morning of September 11, and tries to get the report rewritten on the eve of its release. Since late June, each completed chapter of the 9/11 Commission Report has been forwarded to the White House for a declassification review by a team of intelligence specialists assembled by White House chief of staff Andrew Card. According to author Philip Shenon, “Cheney and his counsel, David Addington, [are] outraged by the Commission’s timeline on Cheney’s actions on September 11—and the clear suggestion that Cheney had issued an unconstitutional shootdown order that morning without Bush’s knowledge or approval.” Members of the Commission’s staff had become convinced that the decision to authorize the military to shoot down threatening aircraft was made by Cheney alone, not by President Bush (see (Mid 2004)). A few days before the 9/11 Commission Report is to be released, an angry Cheney phones Thomas Kean, the chairman of the Commission. Cheney complains, “Governor, this is not true, just not fair.” He says he finds it startling that the Commission does not accept his word and that of President Bush: “The president has told you, I have told you, that the president issued the order. I was following his directions.” Cheney demands that the relevant sections of the report be rewritten. Kean promises that he will ask the Commission’s staff to review the material about the shootdown order again before the report is published. According to Shenon, “no major changes” are subsequently made in response to Cheney’s complaint. [Shenon, 2008, pp. 265 and 411-412] The White House had previously successfully lobbied the Commission to water down one of its staff reports that dealt with the shootdown authorization (see June 15, 2004). [Newsweek, 6/20/2004]

Entity Tags: Thomas Kean, David S. Addington, Andrew Card, Richard (“Dick”) Cheney, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former 9/11 Commission co-chair Lee Hamilton.Former 9/11 Commission co-chair Lee Hamilton. [Source: CBC]Lee Hamilton, the former co-chair of the 9/11 Commission, gives a wide-ranging interview to the CBC about Without Precedent, a book he recently co-authored about his time on the 9/11 Commission (see August 15, 2006). In the interview he discusses the various “conspiracy theories” surrounding the events of 9/11. The interviewer, Evan Solomon, mentions to him a recent Zogby poll (see May 17, 2006) that found that 42% of Americans agreed that “the US government, and its 9/11 Commission, concealed or refused to investigate critical evidence that contradicts the official explanation of September 11th.” Hamilton calls this lack of trust in the Commission’s report “dispiriting,” but attacks the “conspiracy theory people,” saying, “when they make an assertion they do it often on very flimsy evidence.” He addresses some of the various “conspiracy theories” that have been put forward about 9/11:
bullet In order to contradict the allegation that the Twin Towers were brought down deliberately with pre-planted explosives, Hamilton says the WTC collapsed (see 8:57 a.m. September 11, 2001) because “the super-heated jet fuel melted the steel super-structure of these buildings and caused their collapse.” He adds, “There’s a powerful lot of evidence to sustain that point of view, including the pictures of the airplanes flying into the building.”
bullet With regard to the collapse of WTC Building 7 (see (5:20 p.m.) September 11, 2001), which some people claim was also caused by explosives, he argues, “[W]e believe that it was the aftershocks of these two huge buildings in the very near vicinity collapsing. And in the Building 7 case, we think that it was a case of flames setting off a fuel container, which started the fire in Building 7, and that was our theory on Building 7.” However, the interviewer points out that the 9/11 Commission’s final report does not actually mention the collapse of Building 7, and Hamilton says he does not recall whether the Commission made a specific decision to leave it out.
bullet In reply to a question about why the debris of Building 7 were moved quickly from the scene without a thorough investigation, even though nobody died in Building 7 and there was no need for rescue operations there, Hamilton responds, “You can’t answer every question when you conduct an investigation.”
bullet When asked whether Saeed Sheikh sent Mohamed Atta $100,000 for the 9/11 plot (see Early August 2001 and Summer 2001 and before), Hamilton replies, “I don’t know anything about it.” When the interviewer presses him about whether the Commission investigated a possible Pakistani Secret Service (ISI) connection to the attacks, Hamilton replies, “They may have; I do not recall us writing anything about it in the report. We may have but I don’t recall it.”
bullet Asked about Secretary of Transportation Norman Mineta’s claim that Vice President Dick Cheney was in the presidential bunker beneath the White House at 9:20 a.m. on 9/11 (see (Between 9:20 a.m. and 9:27 a.m.) September 11, 2001), almost 40 minutes earlier than the Commission claimed he had arrived there, Hamilton replies, “I do not recall.” When pressed, he expands, “Well, we think that Vice President Cheney entered the bunker shortly before 10 o’clock. And there is a gap of several minutes there, where we do not really know what the Vice President really did. There is the famous phone call between the President and the Vice President. We could find no documentary evidence of that phone call.”
bullet When the interviewer points out that Richard Clarke’s account conflicts with the Commission’s over what time authorization was received from Dick Cheney to shoot down Flight 93 (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001 and (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001), Hamilton retorts, “Look, you’ve obviously gone through the report with a fine-toothed comb, you’re raising a lot of questions—I can do the same thing.”
The interviewer also asks Hamilton whether he has any unanswered questions of his own about 9/11. Hamilton’s response is: “I could never figure out why these 19 fellas did what they did. We looked into their backgrounds. In one or two cases, they were apparently happy, well-adjusted, not particularly religious - in one case quite well-to-do, had a girlfriend. We just couldn’t figure out why he did it. I still don’t know.” [Canadian Broadcasting Corporation, 8/21/2006]

Entity Tags: Saeed Sheikh, World Trade Center, Richard (“Dick”) Cheney, Pakistan Directorate for Inter-Services Intelligence, Lee Hamilton, 9/11 Commission, Richard A. Clarke, Mohamed Atta, Norman Mineta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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