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Context of 'July 2004: 9/11 Commission Staffers Protest over ‘Whitewash’ of FBI’s Performance before Attacks, Win Minor Changes to Final Report'

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Hamilton and Cheney hold a press conference together about the Iran-Contra Affair investigation on June 19, 1987.Hamilton and Cheney hold a press conference together about the Iran-Contra Affair investigation on June 19, 1987. [Source: J. Scott Applewhite]Future 9/11 Commission vice chairman Lee Hamilton (D-IN), at this time chairman of the House Intelligence Committee, fails to properly investigate Iran-Contra allegations. He learns of press reports indicating that the Reagan administration is illegally funneling weapons and money to the anti-Communist rebels in Nicaragua, but when the White House denies the story, Hamilton believes it. Hamilton will later acknowledge that he has been gullible, and will say of his political style, “I don’t go for the jugular.” It is during the Iran-Contra investigation that Hamilton becomes friends with Dick Cheney, at this time a Republican congressman. [Shenon, 2008, pp. 33] Cheney is the ranking Republican on the House Intelligence Committee and so must work closely with Hamilton, including on the Iran-Contra investigation. [PBS, 6/20/2006] Hamilton calls Cheney “Dick” and they will remain friends even after Cheney becomes vice president in 2001 and Hamilton, as vice chairman of the 9/11 Commission, begins to investigate Cheney’s actions as a part of the Commission’s work. [Shenon, 2008, pp. 33] Hamilton will also fail to properly investigate “October Surprise” allegations (see 1992-January 1993).

Entity Tags: Lee Hamilton

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, 9/11 Timeline, Iran-Contra Affair

In 1992, a House of Representatives task force chaired by Lee Hamilton (D-NH) conducts a ten-month investigation into the “October Surprise”—an alleged Republican plot to delay the release of US hostages held in Iran in 1980 until after that year’s US presidential election. The investigation concludes in 1993 that there is “no credible evidence” of any such plot. But Robert Parry, a journalist writing for the Associated Press and Newsweek, gains access to the stored records of Hamilton’s task force. He finds clear evidence of a major cover up. For instance, William Casey, CIA Director in the early 1980s, was alleged to have been involved in the plot, and Hamilton’s investigators discovered a CIA created index of Casey’s papers made after Casey’s death in 1987. When investigators searched Casey’s possessions, they found all the papers mentioned in the index, except for all the ones relevant to the alleged October Surprise plot. But the disappearance of such evidence was not mentioned in Hamilton’s findings. [Scott, 2007, pp. 101] In addition, an official Russian intelligence report placing Casey in Europe in order to arrange a politically favorable outcome to the hostage crisis arrived in Washington shortly before Hamilton’s task force issued their conclusions, but this Russian information was not mentioned by the task force. [Scott, 2007, pp. 106-107] Hamilton will later be appointed co-chair of the 9/11 Commission (see December 11, 2002).

Entity Tags: Lee Hamilton, William Casey, Robert Parry

Timeline Tags: Complete 911 Timeline

’Germany Unified and Europe Transformed: A Study in Statecraft,’ by Philip Zelikow and Condoleezza Rice.’Germany Unified and Europe Transformed: A Study in Statecraft,’ by Philip Zelikow and Condoleezza Rice. [Source: Harvard University Press]Future National Security Adviser and Secretary of State Condoleezza Rice and Philip Zelikow, who, as executive director of the 9/11 Commission, will investigate her performance in the run-up to 9/11, co-author a book about the implications of German reunification. The two had worked together on the National Security Council in the 1980s and early 90s, but are both now working at universities. Zelikow is a professor at the Kennedy School of Government at Harvard University, and Rice is the provost at Stanford. The book, entitled Germany Unified and Europe Transformed: A Study in Statecraft, is mostly written by Zelikow, who is, in author Philip Shenon’s words, “pleased to share credit with such an obvious up-and-comer as Rice.” [Shenon, 2008, pp. 40-41]

Entity Tags: Condoleezza Rice, Philip Shenon, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Condoleezza Rice and Philip Zelikow.Condoleezza Rice and Philip Zelikow. [Source: Public domain]National Security Adviser Rice decides this day to retain Richard Clarke, counterterrorism “tsar” for the Clinton administration, and his staff. However, she downgrades his official position as National Coordinator for Counterterrorism. While he is still known as the counterterrorism “tsar,” he has less power and now reports to deputy secretaries instead of attending Cabinet-level meetings. He no longer is able to send memos directly to the president, or easily interact with Cabinet-level officials. [Clarke, 2004, pp. 227-30; Guardian, 3/25/2004] Clarke will not be able to meet with President Bush even a single time before 9/11 to discuss al-Qaeda (see January 25, 2001-September 10, 2001). In 2004, Rice will reveal that the person she tasks with considering changes to Clarke and his staff is Philip Zelikow, the future Executive Director of the 9/11 Commission. Zelikow recuses himself from those parts of the 9/11 Commission’s investigation directly relating to his role in this and other matters. However, 9/11 victims’ relatives are not satisfied. For instance, one relative says, “Zelikow has conflicts. I’m not sure that his recusal is sufficient. His fingerprints are all over that decision [to demote Clarke].” [United Press International, 4/9/2004]

Entity Tags: Philip Zelikow, Richard A. Clarke, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Air Force General Richard Myers, vice chairman of the Joint Chiefs of Staff, and acting chairman on 9/11.
Air Force General Richard Myers, vice chairman of the Joint Chiefs of Staff, and acting chairman on 9/11. [Source: NORAD]According to his own account, Air Force General Richard Myers, the vice chairman of the Joint Chiefs of Staff, sees reports of the first WTC crash on television. Myers is acting chairman of the US military during the 9/11 crisis because Chairman of the Joint Chiefs of Staff Army General Henry Shelton is flying across the Atlantic for a NATO meeting in Europe. [ABC News, 9/11/2002; American Forces Press Service, 9/8/2006] Myers has a 9 o’clock appointment with Senator Max Cleland (D-GA) in one of the Senate office buildings. He is heading into this meeting and sees a television in Cleland’s outer office showing the burning North Tower, with the commentator suggesting it has been hit by an airplane. [MSNBC, 9/11/2002] Myers later recalls, “They thought it was a small plane or something like that.” [Armed Forces Radio And Television Service, 10/17/2001; American Forces Press Service, 10/23/2001] He says, “And we’re standing around saying, ‘What in the world happened?’ I remember the day being beautiful. I said, ‘How could a pilot be that stupid, to hit a tower? I mean, what’—but then you think, ‘Well, whatever.’” So he goes ahead and walks into the meeting, and is with Cleland at the time the second tower is hit (see (Shortly After 9:03 a.m.) September 11, 2001). [Council on Foreign Relations, 6/29/2006] On several occasions, Cleland will confirm that Myers had this meeting with him. [US Congress, 9/13/2001; CNN, 11/20/2001; Atlanta Journal-Constitution, 6/16/2003] But counterterrorism “tsar” Richard Clarke seems to contradict this account. He claims that, when he joins a video teleconference shortly after arriving at the White House, he sees Myers on screen, indicating that Myers is at the Pentagon rather than with Cleland (see (9:10 a.m.) September 11, 2001). [Clarke, 2004, pp. 1-3]

Entity Tags: Richard A. Clarke, Henry Hugh Shelton, Max Cleland, Richard B. Myers

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Denny Watson.Denny Watson. [Source: Risk Assessment Network + Exchange]Secretary of Defense Donald Rumsfeld goes ahead with his daily intelligence briefing in his office at the Pentagon, even though Denny Watson, his CIA briefer, urges him to cancel it and respond to the terrorist attacks. [Rumsfeld, 2011, pp. 335; Priess, 2016, pp. 244] Rumsfeld has just been in a meeting in his private dining room that was attended by several members of Congress (see (8:00 a.m.-8:50 a.m.) September 11, 2001). During it, he was informed that a plane had crashed into the World Trade Center (see Shortly After 8:46 a.m. September 11, 2001). [Associated Press, 9/12/2001; US Department of Defense, 12/5/2001; 9/11 Commission, 3/23/2004] He assumed the crash was an accident. [Vogel, 2007, pp. 428; Rumsfeld, 2011, pp. 335]
Rumsfeld Went to His Office for His Intelligence Briefing - After the meeting ended, apparently around 9:00 a.m., he returned to his office to receive his intelligence briefing. [Historical Office, Office of the Secretary of Defense, 7/18/2002 pdf file; 9/11 Commission, 7/24/2004, pp. 37] Rumsfeld receives an intelligence briefing from Watson each morning, similar to the intelligence briefing provided to the president each day. The briefings usually last at least half an hour. [Rumsfeld, 2011, pp. 335; Priess, 2016, pp. 243] The briefing today is scheduled to run from 9:00 a.m. to 9:30 a.m. [US Department of Defense, 8/12/2002]
CIA Briefer Learned of the Crashes from TV - Watson, meanwhile, recently arrived at the Pentagon and learned about the crashes at the WTC. After she entered the building, she noticed people staring at a television, which showed the North Tower burning after being hit by a plane. She then went to the anteroom of Rumsfeld’s office, where she saw the second hijacked plane crashing into the WTC live on television (see 9:03 a.m. September 11, 2001). She immediately called the operations center at CIA headquarters to see if she could find out more about what was happening. She was told only that there were 50 planes still airborne that were unaccounted for.
Rumsfeld Refuses to Cancel the Briefing - Rumsfeld then calls Watson into his office. Assuming the briefing will be suspended due to what has happened in New York, the CIA analyst hasn’t even opened her briefcase to pull out her copy of the President’s Daily Brief (PDB). “Sir, you just need to cancel this,” she says to Rumsfeld as she enters the office. “You’ve got more important things to do,” she adds. Rumsfeld, however, wants to go ahead with the briefing. “No, no, we’re going to do this,” he says. Watson then sits down and tells Rumsfeld what she learned from the CIA’s operations center, but the secretary of defense simply nods his head and starts flipping through the PDB. [Priess, 2016, pp. 244] The PDB apparently contains no remarkable information today. “As we reviewed the threat reports from around the world, September 11 seemed to be no more or less different than any other day,” Rumsfeld will later comment. [Rumsfeld, 2011, pp. 336]
Rumsfeld Will Be Receiving the Briefing When the Pentagon Is Hit - Vice Admiral Edmund Giambastiani Jr., Rumsfeld’s senior military assistant, will come into the office around this time and tell the secretary of defense about the second crash at the WTC (see (Shortly After 9:03 a.m.) September 11, 2001). [Historical Office, Office of the Secretary of Defense, 7/18/2002 pdf file; US Department of Defense, 8/12/2002] Two of Rumsfeld’s aides will also come to the office and, like Watson, try, unsuccessfully, to persuade Rumsfeld to cancel his schedule so he can respond to the attacks (see a904rumsfeldrefuses). [Clarke, 2006, pp. 218-219; Priess, 2016, pp. 244] Rumsfeld will be in his office with Watson, still receiving his intelligence briefing, at 9:37 a.m., when the Pentagon is attacked (see 9:37 a.m. September 11, 2001). [Goldberg et al., 2007, pp. 130; Vogel, 2007, pp. 438-439]

Entity Tags: Donald Rumsfeld, Denny Watson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice tries to gather together the principals of the National Security Council (NSC), but is unable to get in touch with key officials. Rice realized the US was under terrorist attack during a staff meeting, when her assistant informed her of the second plane striking the World Trade Center (see (9:04 a.m.) September 11, 2001). She had then headed to the White House Situation Room’s operations center. [Newsweek, 12/30/2001; Bumiller, 2007, pp. xii] Here she intends to assemble the principals of the NSC for a crisis meeting. [O, the Oprah Magazine, 2/1/2002] Along with the national security adviser, the principal members of the NSC are the president, the vice president, the secretary of state, the secretary of the treasury, and the secretary of defense; additionally, the CIA director and the chairman of the Joint Chiefs of Staff are statutory advisers to the NSC. [US President, 2/13/2001; Felix, 2002, pp. 226] However, Rice remembers that Secretary of State Colin Powell is currently away in Peru (see (8:30 a.m.) September 11, 2001). [MSNBC, 9/11/2002] Treasury Secretary Paul O’Neill is away in Japan. [US Department of the Treasury, 11/29/2001; US Department of the Treasury, 1/23/2002] And Chairman of the Joint Chiefs of Staff Henry Shelton is on his way to Europe for a NATO meeting there. [CNN, 10/1/2001] Rice tries calling Defense Secretary Donald Rumsfeld, who is in his office at the Pentagon (see (Shortly After 9:03 a.m.) September 11, 2001), but cannot reach him. [PBS Frontline, 7/12/2002; Clarke, 2006, pp. 218-219; Cockburn, 2007, pp. 1] She is also unable to get a call through to CIA Director George Tenet. [Bumiller, 2007, pp. xii] (Tenet will later claim that, around this time, he is having trouble using his secure phone while being driven out to CIA headquarters (see (8:55 a.m.-9:15 a.m.) September 11, 2001). [Tenet, 2007, pp. 161-162] ) Also around this time, in the Secure Video Conferencing Center just off the main floor of the Situation Room, counterterrorism “tsar” Richard Clarke is trying to convene a video teleconference with other top officials (see (9:10 a.m.) September 11, 2001). [Bumiller, 2007, pp. xii]

Entity Tags: Donald Rumsfeld, George J. Tenet, Henry Hugh Shelton, Paul O’Neill, Colin Powell, National Security Council, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Around this time, according to his own account, counterterrorism “tsar” Richard Clarke reaches the Secure Video Conferencing Center just off the main floor of the Situation Room in the West Wing of the White House. From there, he directs the response to the 9/11 attacks and stays in contact with other top officials through video links. Clarke claims that on video he can see Defense Secretary Donald Rumsfeld, CIA Director George Tenet, FBI Director Robert Mueller, FAA Administrator Jane Garvey, Deputy Attorney General Larry Thompson (filling in for the traveling Attorney General John Ashcroft), Deputy Secretary of State Richard Armitage (filling in for the traveling Secretary of State Colin Powell), and Vice Chairman of the Joint Chiefs of Staff Richard Myers (filling in for the traveling Chairman Henry Shelton). National Security Adviser Condoleezza Rice is with Clarke, but she lets him run the crisis response, deferring to his longer experience on terrorism matters. Clarke is also told by an aide, “We’re on the line with NORAD, on an air threat conference call.” [Clarke, 2004, pp. 2-4; Australian, 3/27/2004] According to the 9/11 Commission, logs indicate that Clarke’s video teleconference only begins at 9:25 a.m. (see 9:25 a.m. September 11, 2001), which is later than Clarke suggests, and CIA and FAA representatives only join it at 9:40 a.m. [9/11 Commission, 7/24/2004, pp. 36 and 462] Other accounts claim that, rather than being involved in Clarke’s teleconference at this time, Donald Rumsfeld is still in his office waiting for his intelligence briefing (see (Shortly After 9:03 a.m.) September 11, 2001), and Richard Myers is in a meeting on Capitol Hill (see (Shortly After 9:03 a.m.) September 11, 2001). [Armed Forces Radio And Television Service, 10/17/2001; Clarke, 2006, pp. 218-219] The 9/11 Commission claims that, “While important,” Clarke’s conference has “no immediate effect on the emergency defense efforts.” [9/11 Commission, 6/17/2004] Yet, as the Washington Post puts it, “everyone seems to agree” Clarke is the chief crisis manager on 9/11. [Washington Post, 3/28/2004] Even Clarke’s later opponent, National Security Adviser Rice, calls him 9/11’s “crisis management guy.” [United Press International, 4/9/2004] The conference is where the government’s emergency defense efforts are concentrated.

Entity Tags: Larry D. Thompson, North American Aerospace Defense Command, Richard B. Myers, Richard Armitage, John Ashcroft, Robert S. Mueller III, Richard A. Clarke, Henry Hugh Shelton, Jane Garvey, Donald Rumsfeld, 9/11 Commission, George J. Tenet, Colin Powell, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mike Fenzel.Mike Fenzel. [Source: Wall Street Journal]According to counterterrorism “tsar” Richard Clarke, around this time, National Security Adviser Condoleezza Rice says she is going down to the Presidential Emergency Operations Center (PEOC) below the White House to be with Vice President Dick Cheney. Clarke is currently convening a video teleconference with top officials from the Secure Video Conferencing Center, just off the main floor of the Situation Room (see (9:10 a.m.) September 11, 2001). Rice has just walked in with her deputy, Stephen Hadley. Clarke asks her, “Do you want to chair this as a principals meeting?” [Clarke, 2004, pp. 2-4] (A “principals meeting” includes the principals of the National Security Council, but not the president. [Bumiller, 2007, pp. 141] ) Rice declines, allowing Clarke to run the conference. Clarke will recall that Rice says to him: “You’re going to need some decisions quickly. I’m going to the PEOC to be with the vice president. Tell us what you need.” Clarke replies, “What I need is an open line to Cheney and you.” Clarke then turns to his White House Fellow, Army Major Mike Fenzel, and instructs him to “go with Condi to the PEOC and open a secure line to me. I’ll relay the decisions we need to you.” [Clarke, 2004, pp. 3-4] However, according to her own later recollections, Rice does not head down from the Situation Room to the PEOC until later, at some time shortly after the Pentagon is hit (see (9:45 a.m.) September 11, 2001). [PBS Frontline, 7/12/2002; MSNBC, 9/11/2002; New York Times, 9/11/2002; Bumiller, 2007, pp. xiii]

Entity Tags: Condoleezza Rice, Stephen J. Hadley, Mike Fenzel, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to his own account, counterterrorism “tsar” Richard Clarke, started a video teleconference from the White House’s Secure Video Conferencing Center, next to the Situation Room, at around 9:10 a.m.(see (9:10 a.m.) September 11, 2001). However, the 9/11 Commission says that logs indicate this conference beginning 15 minutes later than this. Included in the conference are the FBI, the CIA, the FAA, the departments of State, Justice, and Defense, and the White House shelter. The FAA and CIA join at 9:40 a.m. The 9/11 Commission says, “It is not clear to us that the video teleconference was fully under way before 9:37, when the Pentagon was struck.” Furthermore, it states: “We do not know who from Defense participated, but we know that in the first hour none of the personnel involved in managing the crisis did. And none of the information conveyed in the White House video teleconference, at least in the first hour, was being passed to the NMCC [in the Pentagon].” Clarke’s video teleconference is not connected into the area of the NMCC from where the crisis is being managed. Consequently, “the director of the operations team-who was on the phone with NORAD-did not have the benefit of information being shared on the video teleconference.” And, “when the Secretary [of Defense Rumsfeld] and Vice Chairman [of the Joint Chiefs of Staff Myers] later participated in the White House video teleconference, they were necessarily absent from the NMCC and unable to provide guidance to the operations team.” Clarke, however, gives a specific recollection of Myers speaking over video at 9:28, which is seemingly at odds with the 9/11 Commission’s account (see 9:28 a.m. September 11, 2001). One witness later recalls: “[It] was almost like there were parallel decision-making processes going on; one was a voice conference orchestrated by the NMCC… and then there was the [White House video teleconference].… [I]n my mind they were competing venues for command and control and decision-making.” [9/11 Commission, 7/24/2004]

Entity Tags: North American Aerospace Defense Command, Central Intelligence Agency, US Department of Justice, US Department of State, US Department of Defense, Federal Aviation Administration, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to most accounts, at the time the Pentagon is hit, Defense Secretary Donald Rumsfeld is in his office on the third floor of the Pentagon’s outer E Ring, receiving his daily intelligence briefing. [New York Times, 9/12/2001; Woodward, 2002, pp. 24; 9/11 Commission, 3/23/2004; Clarke, 2006, pp. 221; Cockburn, 2007, pp. 1; Goldberg et al., 2007, pp. 130; Vogel, 2007, pp. 438-439] As he later recalls, “the building shook and the tables jumped.” [Goldberg et al., 2007, pp. 130] Although he has been informed of the two aircraft hitting the World Trade Center (see Shortly After 8:46 a.m. September 11, 2001 and (Shortly After 9:03 a.m.) September 11, 2001), he supposedly does not initially suspect a plane has hit the Pentagon, thinking instead that a bomb has gone off. [ABC News, 9/16/2001; MSNBC, 9/30/2001; Washington Post, 1/9/2002] In his nearby office, Rumsfeld’s senior military assistant Vice Admiral Edmund Giambastiani Jr. also hears the explosion, and walks through his doorway toward Rumsfeld’s office. As the two meet, Rumsfeld asks Giambastiani, “What the hell’s happening?” [American Forces Press Service, 9/8/2006; Goldberg et al., 2007, pp. 130] Rumsfeld then looks out his window but, he later recalls, sees “nothing here.” [Parade Magazine, 10/12/2001; Washington Post, 1/9/2002] He goes into the hallway and, accompanied by his security guards, hurries toward the crash site (see 9:38 a.m. September 11, 2001). [Goldberg et al., 2007, pp. 130] However, counterterrorism “tsar” Richard Clarke will later contradict these accounts. Clarke indicates that Rumsfeld has been participating in the video teleconference conducted from the White House Situation Room since shortly after the second WTC crash (see (9:10 a.m.) September 11, 2001). He claims that Rumsfeld is still involved in this conference at the time the Pentagon is hit, and he tells his deputy, “I can still see Rumsfeld on the screen, so the whole building didn’t get hit.” [Clarke, 2004, pp. 2-3 and 7-8] If Clarke’s account were correct, this would presumably mean Rumsfeld is in the Pentagon’s Executive Support Center (ESC), which has secure video facilities, rather than in his office. [Washington Times, 2/23/2004] But according to other accounts, Rumsfeld does not go to the ESC until around 10:15 a.m., after he returns from the crash site (see (10:00 a.m.-10:30 a.m.) September 11, 2001). [Clarke, 2006, pp. 221; Cockburn, 2007, pp. 1-5]

Entity Tags: Richard A. Clarke, Donald Rumsfeld, Edmund Giambastiani

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Anna Perez.Anna Perez. [Source: Paul Drinkwater / NBC Universal]Government officials in the Presidential Emergency Operations Center (PEOC) below the White House are frustrated at technical problems they have with the televisions in the center, which mean they are unable to get audio from both the TV broadcast channels and the videoconferencing system at the same time. [White House, 11/1/2001; Newsweek, 12/30/2001] Two large television screens are built into a wall of the PEOC conference room, and, according to journalist and author Stephen Hayes, for most of the day one of them is tuned to CNN and the other to the Fox News Channel. Hayes will write, “Watching the uninterrupted news coverage not only provided new and timely information; it also allowed officials in the shelter [i.e. the PEOC] to understand, as they designed their public response, what exactly the American people were seeing.” [Hayes, 2007, pp. 337, 342]
Officials Have Problems with Television and Video Conference Audio - But, National Security Adviser Condoleezza Rice will later recall, the “only frustration” among those in the PEOC is “that we kept having trouble getting the TV to work.… [W]e were having trouble with the, some of the video link.” Therefore, “if you were trying to do the video conference, you had trouble doing TV.” [White House, 11/1/2001] The “video conference” Rice refers to is presumably the White House video teleconference being conducted by counterterrorism chief Richard Clarke (see (9:10 a.m.) September 11, 2001 and 9:25 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 36] Anna Perez, Rice’s communications counselor, will add, “[Y]ou couldn’t do the SVTS [secure video teleconference system] at the same time you could do the CNN.” [White House, 11/1/2001] Eric Edelman, a member of Vice President Dick Cheney’s staff, will recall: “[T]he video conference that Dick Clarke was chairing was going on.… [W]e could see that, so that was on the screen, we could follow that. Not always with audio… sometimes with audio, sometimes not.” [White House, 10/25/2001] According to Hayes, however, the problem is in fact that “[a]lthough the two televisions on the wall could be tuned to different channels, they could get audio from only one.” Consequently, “On several occasions, the officials could see notices of ‘breaking news’ without being able to hear the details of those updates.” [Hayes, 2007, pp. 342]
'Everybody' in PEOC Frustrated by TV Problem - Rice will recall that the problem with the televisions is “kind of frustrating to everybody.” [White House, 11/1/2001] One unnamed official will recall that Cheney, who is in the PEOC for much of the day, is “cranked up” about the problem and repeatedly demands that it be fixed. [Hayes, 2007, pp. 342] Mary Matalin, a counselor to Cheney, will recall, “You can have sound on one or the other [i.e. the TV broadcasts or the video teleconference], and [Cheney] found that technically imperfect.” [CNN, 9/11/2002; CNN, 9/14/2002] According to Newsweek, this is the only thing that causes Cheney’s composure to break and leads to him showing any irritation while he is in the PEOC. [Newsweek, 12/30/2001]
Accounts Conflict over Whether Problem Is Fixed - It is unclear whether this technical problem with the televisions gets fixed. According to Perez, PEOC personnel are able to fix it. “It took them a little while, but they did get it together. They got it right,” she will say. [White House, 11/1/2001] But according to Hayes, the problem remains unfixed. [Hayes, 2007, pp. 342] Clarke will later give a different account of the problem with getting audio from television broadcasts and the video conference simultaneously. He will write that when he goes down to the PEOC sometime around midday (see (Shortly Before 12:30 p.m.) September 11, 2001), Army Major Mike Fenzel complains to him, “I can’t hear the crisis conference because Mrs. Cheney [Lynne Cheney, the wife of the vice president] keeps turning down the volume on you so she can hear CNN.” [Clarke, 2004, pp. 18]

Entity Tags: Lynne Cheney, Anna Perez, Condoleezza Rice, Richard A. Clarke, Eric Edelman, Presidential Emergency Operation Center, Mike Fenzel, Mary Matalin, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Acting Chairman of the Joint Chiefs of Staff Richard Myers enters the National Military Command Center (NMCC) within the Pentagon, though exactly when this happens remains unclear. According to his own statements, he was on Capitol Hill, in the offices of Senator Max Cleland (D-GA), from just before 9:00 a.m. until around the time the Pentagon was hit. He’d then headed back to the Pentagon (see Shortly Before 9:00 a.m. September 11, 2001 and (Shortly After 9:37 a.m.) September 11, 2001). [Armed Forces Radio And Television Service, 10/17/2001; MSNBC, 9/11/2002; Council on Foreign Relations, 6/29/2006] According to the 9/11 Commission, Myers joins the air threat conference call from the NMCC at “shortly before 10:00.” [9/11 Commission, 7/24/2004, pp. 38] But the American Forces Press Service reports that he arrives at the NMCC “about 15 minutes” before Secretary of Defense Donald Rumsfeld (who arrives around 10:30), meaning at about 10:15 a.m. [American Forces Press Service, 9/8/2006] Rumsfeld claims that, as he enters the NMCC, Myers has “just returned from Capitol Hill.” [9/11 Commission, 3/23/2004] Cleland verifies that Myers was with him on Capitol Hill until around the time of the Pentagon attack. [CNN, 11/20/2001; Atlanta Journal-Constitution, 6/16/2003] But counterterrorism “tsar” Richard Clarke claims that Myers has been taking part in a video conference since shortly after the second attack on the WTC, and has been visible on the Pentagon screen (see (9:10 a.m.) September 11, 2001 and 9:28 a.m. September 11, 2001), thereby implying Myers has been at the Pentagon all along. [Clarke, 2004, pp. 3 and 5] Myers tells the 9/11 Commission, “After I reached the National Military Command Center (NMCC), I asked questions to determine where Secretary Rumsfeld was, how the FAA was handling airborne flights, and the status of fighters prepared to intercept any hijacked aircraft inbound to Washington.” [9/11 Commission, 6/17/2004 pdf file]

Entity Tags: Richard B. Myers, National Military Command Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Defense Secretary Donald Rumsfeld returns from the Pentagon crash site “by shortly before or after 10:00 a.m.” Then he has “one or more calls in my office, one of which was with the president,” according to his testimony before the 9/11 Commission. [9/11 Commission, 3/23/2004] The commission later concludes that Rumsfeld’s call with President Bush has little impact: “No one can recall any content beyond a general request to alert forces.” The possibility of shooting down hijacked planes is not mentioned. [9/11 Commission, 6/17/2004] Rumsfeld then goes to the Executive Support Center (ESC) located near his office, arriving there at around 10:15 a.m. In the ESC already are Stephen Cambone, Rumsfeld’s closest aide, Larry Di Rita, Rumsfeld’s personal chief of staff, and Victoria Clarke, the assistant secretary of defense for public affairs. Rumsfeld had instructed Di Rita and Clarke to go to the ESC and wait for him there when they’d come to his office soon after the second WTC tower was hit at 9:03 A.M. (see (Shortly After 9:03 a.m.) September 11, 2001). Presently, Rumsfeld gives them their first confirmation that a plane hit the Pentagon, saying, “I’m quite sure it was a plane and I’m pretty sure it’s a large plane.” According to Clarke, he pulls out a yellow legal pad and writes down three categories, “by which his thinking would be organized the rest of the day: what we needed to do immediately, what would have to be underway quickly, and what the military response would be.” [Clarke, 2006, pp. 221-222; Cockburn, 2007, pp. 5-6] The Executive Support Center has secure video facilities, and while there, Rumsfeld participates in the White House video teleconference. This is the video conference that counterterrorism “tsar” Richard Clarke claims Rumsfeld is a part of much of the morning (see (9:10 a.m.) September 11, 2001). Then at around 10:30 a.m., he moves on to the National Military Command Center NMCC, located next door to the ESC (see (10:30 a.m.) September 11, 2001). [Washington Times, 2/23/2004; 9/11 Commission, 6/17/2004; 9/11 Commission, 7/24/2004, pp. 43-44] Those in the NMCC are apparently unaware of Rumsfeld’s whereabouts during the half-hour from 10 a.m. to 10:30 a.m.: Brigadier General Montague Winfield later recalls, “For 30 minutes we couldn’t find him. And just as we began to worry, he walked into the door of the [NMCC].” [ABC News, 9/11/2002]

Entity Tags: National Military Command Center, Stephen A. Cambone, Victoria (“Torie”) Clarke, Richard A. Clarke, George W. Bush, Larry Di Rita, Donald Rumsfeld, Executive Support Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Personnel in the White House Situation Room learn of a plane supposedly flying toward the United States from Europe that appears to be hijacked, but it is subsequently determined that the alleged flight does not exist. Those in the Situation Room receive word confirming that a suspicious Northwest Airlines flight from Portugal to Philadelphia is heading toward Washington, DC. The plane is not responding to radio calls and its transponder is squawking the code for a hijacking. White House counterterrorism chief Richard Clarke gives orders for someone to find out more about the flight and what assets the US military has available to intercept it at the coast. Meanwhile, the FAA searches its data for information about the flight and officials try to contact Northwest Airlines to find out more. Those participating in Clarke’s video teleconference (see (9:10 a.m.) September 11, 2001 and 9:25 a.m. September 11, 2001) grow increasingly anxious, since no action can be taken until more details about the flight are found. Then Timothy Flanigan, the deputy White House counsel, who is in the Situation Room, has an idea. He leaves the room and finds an unsecure computer. On this, he searches travel websites for details of the suspicious flight, but finds nothing. He then checks on the Northwest Airlines website and again finds no reference to the flight. He quickly jots down everything he can find about Northwest Airlines flights from Europe and then goes to pass on his findings. After taking a seat at the conference table, he addresses Clarke, who is still searching for information about the plane. “I’ve checked and there’s no such flight,” he says. Astonished at this news, Clarke asks, “How did you check?” “I looked on their website,” Flanigan replies. Clarke then passes on the news to the other participants in the video teleconference. “I have information that there is no such flight,” he says and adds, “Check that again.” [Eichenwald, 2012, pp. 36-37] The 9/11 Commission Report will later note that there are “multiple erroneous reports of hijacked aircraft” this morning (see (9:09 a.m. and After) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 28]

Entity Tags: Richard A. Clarke, Northwest Airlines, Timothy E. Flanigan, Federal Aviation Administration

Timeline Tags: Complete 911 Timeline

Technical Sergeant James Tollack, an officer from McGuire Air Force Base in New Jersey, is tasked with transcribing tape recordings from September 11 of the operations floor at NORAD’s Northeast Air Defense Sector (NEADS) in Rome, New York. [9/11 Commission, 3/22/2004; 9/11 Commission, 7/29/2004; Farmer, 2009, pp. 274] On September 11, NEADS was responsible for coordinating the US military’s response to the hijackings. In a corner of its operations floor, four Dictaphone multi-channel tape recorders were recording every radio channel. [Vanity Fair, 8/1/2006; Shenon, 2008, pp. 203-204] Tollack will later say that NEADS Technical Sergeant Jeremy Powell maybe tells him that personnel at NEADS have already listened to the tapes prior to his arrival there.
Digital Recording Expert Spends Two Weeks Working on Transcripts - Tollack is the resident expert in digital voice recording systems at McGuire Air Force Base and also has experience of doing transcription work. He arrives at NEADS on September 20 and stays there for 11 to 14 days, leaving on either October 1 or October 4. His first day at NEADS is spent on orientation, and so September 21 is his first full day of transcribing. Tollack will later recall that Colonel Robert Marr, the battle commander at NEADS, probably advises him to only transcribe the tapes from September 11 up to around 10:15 a.m., which is about 10 minutes after the fourth hijacked plane, Flight 93, crashed in Pennsylvania. For his first few days at NEADS, Tollack spends 14 to 16 hours per day working on the task. He works at a desk on the operations floor, drafting notes by hand and then typing them out with the assistance of two secretaries.
Transcripts Needed for Investigations - Tollack works directly for Marr, and also reports to Lieutenant Colonel Dawne Deskins, the assistant director of the Sector Operations Control Center. Marr tells Tollack that the transcripts of the tapes are required for investigation purposes. General Ralph Eberhart, the commander of NORAD, tells Tollack the information is needed for a Congressional report or hearing (see (Between September 23 and September 24, 2001)).
Tollack's Work Not Reviewed - While Tollack is at NEADS, no one there reviews his work as he goes through the tapes. [9/11 Commission, 3/22/2004] On September 21, one of the tapes is damaged during the transcription process, causing information on it to be lost (see September 21, 2001). [North American Aerospace Defense Command, 9/21/2001]
9/11 Commission Not Initially Made Aware of NEADS Tapes - During its investigation of the September 11 attacks, the 9/11 Commission will only learn of the existence of the recordings of the NEADS operations floor in late October 2003 (see Late October 2003), and it subsequently subpoenas NORAD for the tapes (see November 6, 2003). Despite the efforts of Tollack, according to journalist and author Philip Shenon, by the time the Commission receives the tapes, around December 2003, NORAD has still “not prepared transcripts itself” of the tapes’ contents. [Kean and Hamilton, 2006, pp. 86-88; Shenon, 2008, pp. 203-208]

Entity Tags: Dawne Deskins, Jeremy Powell, James D. Tollack, Ralph Eberhart, Northeast Air Defense Sector, Robert Marr

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During an attempt at transcribing tape recordings of communications at NORAD’s Northeast Air Defense Sector (NEADS) from September 11, a tape is damaged. [9/11 Commission, 10/28/2003 pdf file; Farmer, 2009, pp. 274] In a corner of the NEADS operations floor, four Dictaphone multi-channel tape recorders recorded every radio channel on September 11. [Vanity Fair, 8/1/2006] Technical Sergeant James Tollack, the resident expert in digital voice recording systems at McGuire Air Force Base, New Jersey, arrived at NEADS on September 20, in order to transcribe the facility’s recordings from September 11 (see (September 20-October 4, 2001)).
Tape Reformatted during Rebooting - On the following day, one of the tapes Tollack is working from becomes damaged, causing much of the information on it to be lost. Interviewed by the 9/11 Commission in 2004, Tollack will explain what happens. He will say a civilian contractor assists him as they reboot the system, but this causes the tape to be re-formatted, and so the information on it is lost. [North American Aerospace Defense Command, 9/21/2001; 9/11 Commission, 3/22/2004] Tollack has at least been able to transcribe a portion of the recording of the NEADS mission crew commander position on the tape before the malfunction occurs. [North American Aerospace Defense Command, 9/21/2001; 9/11 Commission, 7/29/2004] Colonel Robert Marr, the battle commander at NEADS, is subsequently informed of what has happened, including the loss of information. [9/11 Commission, 3/22/2004]
Reason Tape Is Damaged Disputed - When members of the 9/11 Commission staff visit NEADS during their investigation of the September 11 attacks, they will be told that Tollack caused the tape to malfunction and reformat. However, Tollack will dispute this. He will deny having caused the tape to malfunction and profess ignorance as to why he was subsequently asked to stop listening to and transcribing the tapes.
Unclear if Tollack Continues Transcribing Tapes - The Commission staff members will also be told that after the tape is damaged, Tollack is instructed to stop transcribing the tapes because Department of Defense officials are concerned that they could be permanently lost. [9/11 Commission, 7/29/2004; Farmer, 2009, pp. 274] And according to journalist and author Philip Shenon, by the time the Commission gains possession of the tapes, around December 2003, NORAD has still “not prepared transcripts itself” of their contents. [Shenon, 2008, pp. 208] However, Tollack will remain at NEADS for at least another 10 days after the equipment malfunction occurs, until the first week of October. Furthermore, two or three days after the tape is damaged, General Ralph Eberhart, the commander of NORAD, visits NEADS and discusses with Tollack the importance of getting the information from the tapes (see (Between September 23 and September 24, 2001)). [9/11 Commission, 3/22/2004] It is therefore unclear when Tollack stops transcribing the tapes, and how much progress he has made before he stops.
Recordings Not Backed Up, Later Restored - The Dictaphone tape recorders that record the radio channels at NEADS are run by General Dynamics. [9/11 Commission, 10/28/2003 pdf file] Richard Crane, General Dynamics’ technical representative to NEADS, will tell the 9/11 Commission that he believes, given the importance of 9/11, the NEADS tapes should have been copied immediately, but were not. Although General Dynamics lacks the capability to do this, Dictaphone could have made backups. And at some point after September 11, it is discovered that Dictaphone can transfer a digital audio tape to DVD for just $150. [9/11 Commission, 10/28/2003 pdf file] However, most of the deleted information on the damaged tape is apparently later restored. In November 2003, it will be reported that Dictaphone “has recovered most of the tracks.” [US Department of Defense, 11/25/2003]

Entity Tags: Northeast Air Defense Sector, Robert Marr, US Department of Defense, Richard Crane, James D. Tollack

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

General Ralph Eberhart, the commander of NORAD, visits NORAD’s Northeast Air Defense Sector (NEADS) in Rome, New York, and emphasizes to an officer there the importance of promptly transcribing the recordings of the NEADS operations floor from September 11. Technical Sergeant James Tollack, the resident expert in digital voice recording systems at McGuire Air Force Base, New Jersey, arrived at NEADS on September 20, in order to transcribe the facility’s tape recordings from September 11 (see (September 20-October 4, 2001)). Three or four days later, Eberhart comes to NEADS and sees Tollack personally. Eberhart stresses to Tollack the importance of getting the information from the tapes as quickly and as accurately as possible. He says the information is needed for a Congressional report or hearing. [9/11 Commission, 3/22/2004; 9/11 Commission, 7/29/2004] Presumably Eberhart is referring to his appearance before the Senate Armed Services Committee on October 25, in which he will put forward the military’s account of what happened on September 11. [US Congress. Senate, 10/25/2001; Farmer, 2009, pp. 248] When the 9/11 Commission interviews Tollack during its investigation of the terrorist attacks and asks him what order of priority his task of transcribing the tapes had been given, he will indicate that he knew it was a high-priority assignment when he was visited by Eberhart. [Farmer, 2009, pp. 274]

Entity Tags: Ralph Eberhart, James D. Tollack, Northeast Air Defense Sector

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former Democratic congressman Lee Hamilton is considered by his party for the position of vice chairman of the 9/11 Commission, but does not get the appointment, which goes to former Senator George Mitchell (see November 27, 2002). Hamilton, who is nonetheless appointed to the Commission as an ordinary member, is rejected as vice chairman by Senate Minority Leader Tom Daschle and other leading Democrats because he is seen as too soft on Republicans—he lacks “a taste for partisan fights,” and seems “always to assume the best about people, Republicans included.” He is also friends with two of the investigation’s targets, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, who he calls “Dick” and “Don,” and Cheney’s White House counsel, David Addington. He got to know Cheney during the Iran-Contra investigation, when Cheney was the ranking Republican on the committee and Hamilton failed to distinguish himself (see Mid-1980s), as he did over the “October Surprise” affair (see 1992-January 1993). Author Philip Shenon will comment, “While [Hamilton] might disagree with Cheney and Rumsfeld on policy, Hamilton trusted both men always to tell the truth.” [Shenon, 2008, pp. 32-33] However, Mitchell will subsequently resign and Hamilton will replace him as vice chairman (see December 11, 2002). In this role Hamilton will have good relations with the Bush White House (see March 2003-July 2004 and Early July 2004).

Entity Tags: Richard (“Dick”) Cheney, 9/11 Commission, Lee Hamilton, Donald Rumsfeld, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Iran-Contra Affair


George Mitchell.
George Mitchell. [Source: Public domain]George Mitchell resigns as vice chairman of the recently-created 9/11 investigative commission. Lee Hamilton, an Indiana congressman for more than 30 years and chairman of the committee which investigated the Iran-Contra affair, is named as his replacement. [CNN, 12/11/2002] Mitchell cites time constraints as his reason for stepping down, but he also does not want to sever ties with his lawyer-lobbying firm, Piper Rudnick, or reveal his list of clients. Recent clients include the governments of Yemen and the United Arab Emirates. [Newsweek, 12/15/2002]

Entity Tags: Lee Hamilton, United Arab Emirates, Yemen, 9/11 Commission, George Mitchell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Henry Kissinger resigns as head of the new 9/11 Commission. [Associated Press, 12/13/2002; Associated Press, 12/13/2002] Two days earlier, the Bush administration argued that Kissinger was not required to disclose his private business clients. [New York Times, 12/12/2002] However, the Congressional Research Service insists that he does, and Kissinger resigns rather than reveal his clients. [MSNBC, 12/13/2002; Seattle Times, 12/14/2002]
Spilled Coffee - Kissinger had also been pressured to reveal his client list at a meeting with a group of victims’ relatives, in particular the “Jersey Girls.” One of the “Girls,” Lorie Van Auken, had even asked Kissinger whether he had “any clients named bin Laden?” Kissinger, who was pouring coffee at that moment, refused to answer, but spilled the coffee and fell off the sofa on which he was sitting. [Shenon, 2008, pp. 12-3]
Business Ties - It is reported that Kissinger is (or has been) a consultant for Unocal, the oil corporation, and was involved in plans to build pipelines through Afghanistan (see September-October 1995). [Washington Post, 10/5/1998; Salon, 12/3/2002] Kissinger claims he did no current work for any oil companies or Mideast clients, but several corporations with heavy investments in Saudi Arabia, such as ABB Group, a Swiss-Swedish engineering firm, and Boeing Corp., pay him consulting fees of at least $250,000 a year. A Boeing spokesman said its “long-standing” relationship with Kissinger involved advice on deals in East Asia, not Saudi Arabia. Boeing sold $7.2 billion worth of aircraft to Saudi Arabia in 1995. [Newsweek, 12/15/2002]
Not Vetted - In a surprising break from usual procedures regarding high-profile presidential appointments, White House lawyers never vetted Kissinger for conflicts of interest. [Newsweek, 12/15/2002] The Washington Post says that after the resignations of Kissinger and Mitchell, the commission “has lost time” and “is in disarray, which is no small trick given that it has yet to meet.” [Washington Post, 12/14/2002]

Entity Tags: Bush administration (43), Congressional Research Service, Lorie Van Auken, Henry A. Kissinger, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The first time 9/11 Commission Chairman Tom Kean, a Republican, and Vice Chairman Lee Hamilton, a Democrat noted for his bipartisanship (see 1992-January 1993, Before November 27, 2002 and March 2003-July 2004), meet after their appointment to the commission, Kean offers Hamilton extra powers in the investigation. In effect, Kean and Hamilton would be co-chairmen of the inquiry, rather than chairman and vice chairman. Author Philip Shenon will call this a “remarkable gesture,” as it gives Hamilton an equal say in the hiring and structure of the investigation. Kean also proposes that the two of them should be “joined at the hip,” and that they should always appear in public together, especially on television. Hamilton agrees, thinking this will go some way to make up for their lack of stature in Washington in comparison with the two men they replaced on the commission, Henry Kissinger and George Mitchell. [Shenon, 2008, pp. 68]

Entity Tags: Thomas Kean, Philip Shenon, Lee Hamilton

Timeline Tags: Complete 911 Timeline

The 9/11 Commission hires Philip Zelikow for the key position of executive director, the person actually in charge of the commission’s day-to-day affairs. Zelikow was recommended by Commissioner Slade Gorton, who had worked with Zelikow on an electoral reform commission after the disputed presidential election in 2000. Zelikow, the director of that commission, has powerful friends in Washington; even former president Jimmy Carter praises him. However, according to author Philip Shenon, the staff on the electoral reform commission think he is “arrogant and secretive,” and believe his success as commission director rested on “his ability to serve the needs—and stroke the egos” of the commissioners.
Plans for Commission - Zelikow impresses commission Chairman Tom Kean by saying that he wants the panel’s final report to be written for the general public, in a more readable style than most government documents. After about 20 candidates have been considered, Kean decides that Zelikow is the best choice for the position.
Conflict of Interests - Zelikow has a conflict of interests, as he co-authored a book with National Security Adviser Condoleezza Rice (see 1995) and also served on a special White House intelligence advisory board. Both these facts are listed on his résumé. Zelikow will say that he also mentioned his work with Rice, whom he served on the Bush administration transition team (see January 2001), to Kean and Vice-chairman Lee Hamilton in telephone conversations with them. However, Kean will later say he “wasn’t sure” if he knew of Zelikow’s work on the transition team at the time he was hired, and Hamilton will say that he thought he knew Zelikow had worked on the transition, but did not know the details of what he did. White House Chief of Staff Andrew Card will be extremely surprised by Zelikow’s appointment, because of his personality and the conflicts of interest, or at least the appearance of them.
Omissions from Press Release - Zelikow’s hiring is announced in a press release issued on January 27. Shenon will later point out that the release, written based on information provided by Zelikow and reviewed by him before publication, is “notable for what it did not say.” It does not mention his work for the National Security Council in the 1980s, the book with Rice, his role on the White House transition team, or the fact he has just written a policy paper that is going to be used to justify the invasion of Iraq (see September 20, 2002). In fact, the Bush administration transition team had downgraded the position of counterterrorism “tsar” Richard Clarke, and Zelikow had played a key role in this decision (see January 3, 2001). [Shenon, 2008, pp. 58-62, 65-67]

Entity Tags: Philip Zelikow, Thomas Kean, 9/11 Commission, Philip Shenon, Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At its first formal meeting, the 9/11 Commission decides it will not routinely issue subpoenas for the documents it wants from other agencies.
Different Opinions - There is some debate on the matter. Commissioner Jamie Gorelick argues that the Commission should issue subpoenas for all requests it makes to the administration for documents or other information, saying that a subpoena is simply evidence of the Commission’s determination to get what it needs. She also worries that if the Commission waits to issue subpoenas, the time limit on its activities will mean that a late subpoena could not be enforced. However, she is only supported by the other three ordinary Democratic commissioners, with the top Democrat on the Commission, Vice Chairman Lee Hamilton, siding with the Republicans.
Decision Already Taken - Author Philip Shenon will write: “But [Chairman Tom] Kean and Hamilton had already made up their mind on this issue, too. There would be no routine subpoenas, they decreed; subpoenas would be seen as too confrontational, perhaps choking off cooperation from the Bush administration from the very start of the investigation.” The four Democratic commissioners cannot issue a subpoena by themselves, as it requires the approval of either six of the 10 commissioners, or both Kean and Hamilton. This is not the only occasion on which Hamilton’s Republican leanings become apparent (see March 2003-July 2004). [Shenon, 2008, pp. 70-71]
Staffer Critical - John Farmer, leader of the Commission’s team investigating events on the day of the attacks, will be critical of the decision and will urge Kean and Hamilton to change their minds. If subpoenas are issued at the start, the Commission will have time to enforce them in court and the agencies “would know that they couldn’t run out the clock,” whereas if subpoenas were issued later, after non-compliance with document requests, the agencies could use such tactics. [Shenon, 2008, pp. 201]
Difficulties with Receiving Documents - As a result of this policy, the Commission will have trouble getting documents from the White House (see June 2003), Defense Department (see July 7, 2003), FAA (see November 6, 2003), and CIA (see October 2003), leading to delays in its investigation.

Entity Tags: Lee Hamilton, John Farmer, 9/11 Commission, Jamie Gorelick, Thomas Kean

Timeline Tags: Complete 911 Timeline

Following the 9/11 Commission’s first formal meeting, Democratic commissioner Max Cleland is unhappy with the state of the inquiry. Specifically, he dislikes the facts that the Commission will not issue subpoenas for the documents it wants (see January 27, 2003) and will have a single non-partisan staff headed by executive director Philip Zelikow, who is close to National Security Adviser Condoleezza Rice (see Shortly Before January 27, 2003). In addition, he is disappointed by the resignations of Henry Kissinger (see December 13, 2002) and George Mitchell (see December 11, 2002). Although Kissinger is a Republican, Cleland had believed that “with Kissinger… we were going to get somewhere,” because: “This is Henry Kissinger. He’s the big dog.” Kissinger’s replacement Tom Kean has no experience in Washington and Cleland thinks he is “not going to be the world’s greatest tiger in asking a difficult question.” Cleland respects Mitchell’s replacement Lee Hamilton, but knows that he has a reputation for a non-confrontational style of politics, the reason he was initially passed over for the position of vice chairman of the Commission (see Before November 27, 2002). [Shenon, 2008, pp. 71-72]

Entity Tags: 9/11 Commission, Max Cleland

Timeline Tags: Complete 911 Timeline

White House counsel Alberto Gonzales denies a request made by the 9/11 Commission for access to a number of White House documents pertaining to 9/11, citing executive privilege. The documents date from both the Clinton and Bush administrations. The request is made by Philip Zelikow, the Commission’s executive director, who believes the Commission must see the documents if it is to do its job properly, and that the White House has already indicated the Commission will get what it wants. The documents include highly classified presidential daily briefings (PDBs), the “crown jewels” of US intelligence reporting. Only a very few such PDBs have ever been made available, from the Johnson and Nixon administrations. Zelikow says the Commission needs to see the PDBs so it can determine what warnings Clinton and Bush received about al-Qaeda. However, the PDBs had not been provided to the 9/11 Congressional Inquiry, and Gonzales says they will not be given to the 9/11 Commission either. Zelikow tells Gonzales that this would be bad for the Commission and the US, recalling the uproar that ensued when it was discovered the CIA had withheld documents from the Warren Commission that investigated the murder of President Kennedy. Zelikow also pressures Gonzales by threatening to resign from the Commission if it is not given the documents, knowing this will generate extremely bad publicity for the White House.
Refusal to Meet with Zelikow - However, Gonzales refuses to cave in and, a few days later, makes what author Philip Shenon calls a “blunt and undiplomatic” phone call to Tom Kean, the Commission’s chairman. He tells Kean that he does not want to see Zelikow ever again, which means that in the future he will only discuss access to the documents with Kean and Commission Vice Chairman Lee Hamilton.
Alleged Involvement of Rove - The battle over access to documents and witnesses will go on for some time (see June 2003), and commissioner John Lehman will say that White House political adviser Karl Rove is “very much involved” in it. According to Lehman, “Gonzales cleared everything with Rove,” and friends tell him that “Rove was the quarterback for dealing with the Commission,” although the White House will deny this. [Shenon, 2008, pp. 73-76, 176]

Entity Tags: Philip Zelikow, Thomas Kean, John Lehman, Alberto R. Gonzales, Karl C. Rove

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Following the appointment of the Republican Philip Zelikow as the 9/11 Commission’s executive director (see Shortly Before January 27, 2003), Democrats on the commission demand that its general counsel be a Democrat. However, some of the Republican commissioners are unhappy about this, and inform the White House what is happening. Shortly after this, Commission Chairman Tom Kean hears from White House Chief of Staff Andy Card and others at the White House that they are concerned the commission is attempting to find a partisan Democrat. Kean will later say, “They were very, very alarmed when they heard some of the names being considered.” Both Kean and Vice Chairman Lee Hamilton, himself a Democrat, agree that the counsel should be a Democrat, but, according to author Philip Shenon, they do not want “a candidate who seemed eager to confront the Bush administration.”
Two Rejected Candidates - One name considered is that of James Hamilton (no relation to Lee Hamilton), who had been a lawyer on the Senate Watergate committee. However, he had worked on the 2000 Florida recount for Al Gore, so Kean rules him out. Another name considered is Carol Elder Bruce, but at her interview she says issuing subpoenas for documents the commission wants would be a good idea, although Kean and Hamilton have already decided against this (see January 27, 2003).
Daniel Marcus Hired - In the end, the position is given to Daniel Marcus, a lawyer who had served in the Clinton administration and specializes in constitutional and regulatory law. Marcus has no ties to Democratic political operations, so he is acceptable to the Republicans on the commission. [Shenon, 2008, pp. 92-95]

Entity Tags: James Hamilton, Andrew Card, Daniel Marcus, Philip Shenon, Thomas Kean, Lee Hamilton, Carol Elder Bruce

Timeline Tags: Complete 911 Timeline

The White House comes to prefer dealing with the 9/11 Commission’s vice chairman, Democrat Lee Hamilton, rather than its Republican chairman Tom Kean. Author Philip Shenon will comment: “The White House found that its best support on the Commission came from an unexpected corner—from Lee Hamilton.… Hamilton, they could see, was as much a man of the Washington establishment as he was a Democratic partisan. Probably more so.” This is because Hamilton, a friend of Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld, “underst[ands] the prerogatives of the White House—in particular, the concept of executive privilege—in a way that Kean d[oes] not or w[ill] not.” White House chief of staff Andrew Card will comment: “I came to really respect Lee Hamilton. I think he listened better to our concerns better than Tom Kean.” The White House even comes to view Kean as disloyal, effectively operating as one of the Commission’s Democrats, while Hamilton is a de facto Republican (see Early July 2004). Kean will later say, “I think the White House believed Lee was more reliable than I was.” [Shenon, 2008, pp. 177] Hamilton previously helped Republicans cover up political scandals (see Mid-1980s and 1992-January 1993). He is friends with Vice President Dick Cheney and Defense Secretary Donald Rumsfeld and trusts them to tell the truth (see Before November 27, 2002).

Entity Tags: Thomas Kean, Andrew Card, Lee Hamilton, 9/11 Commission, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission’s executive director Philip Zelikow issues a five-page memo, entitled “What Do I Do Now?” telling newly hired staff members how to go about their jobs on the Commission. The most controversial part of the memo prevents staffers from returning calls from commissioners, stating: “If you are contacted by a commissioner, please contact [deputy executive director] Chris [Kojm] or me. We will be sure that the appropriate members of the Commission’s staff are responsive.” Author Philip Shenon will write that the staffers are surprised by this: “It occurred to several of the staff members, especially those with experience on other federal commissions, that Zelikow was trying to cut off their contact with the people they really worked for—the commissioners.”
Part of Memo Rescinded - When commissioner Jamie Gorelick learns of the restriction, she calls the Commission’s chairman and vice chairman, Tom Kean and Lee Hamilton, and tells them this is unacceptable. Fellow commissioner Max Cleland also thinks the order is a bad idea, and will later say, “It violates the spirit of an open look at what the hell happened on 9/11.” Zelikow is forced to rescind this portion of the memo, allowing commissioners free access to the staff.
Other Restrictions - Other rules in the memo include:
bullet Commission staff should not disclose the exact location of the Commission’s offices for security reasons;
bullet Staffers should never talk to reporters about the Commission’s work, because “there are no innocent conversations with reporters.” Zelikow or his deputy should be notified of such calls. A breach of this rule can get a staffer fired; and
bullet All staffers have to prepare a confidential memo describing potential conflicts of interest. Shenon will comment, “Staff members who knew some of Zelikow’s own conflicts of interest found it amusing that he was so worried about theirs.” [9/11 Commission, 3/2/2003; Shenon, 2008, pp. 83-85]

Entity Tags: Philip Shenon, Jamie Gorelick, 9/11 Commission, Philip Zelikow, Max Cleland

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After his opening comments on the first day of the 9/11 Commission’s first hearing, Chairman Tom Kean says, “We will be following paths, and we will follow those individual paths wherever they lead,” adding: “We may end up holding individual agencies, people, and procedures to account. But our fundamental purpose will not be to point fingers.” According to author Philip Shenon, there is “a rumble in the audience, even a few groans,” as the victims’ family members realize “what the Commission would not do: It did not intend to make a priority of blaming government officials for 9/11.” Shenon will add: “A few of the family advocates cocked their ears, wondering if they had heard Kean correctly. They had pushed so hard to create the Commission because they wanted fingers pointed at the government. And Kean knew it; the families had told him that over and over again in their early meetings. For many families, this investigation was supposed to be all about finger pointing. They wanted strict accountability, especially at the White House, the CIA, the FBI, the Pentagon, and other agencies that had missed the clues that might have prevented 9/11. The families wanted subpoenas—and indictments and jail sentences, if that was where the facts led.” [Shenon, 2008, pp. 99]
Lack of Publicity - This hearing and the next two do not receive much publicity and Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will later call them “background policy hearings in front of a C-SPAN audience.” They will later say that at this point the Commission “was not ready to present findings and answers,” since the various staff teams are nowhere near completing their tasks. For example, the team investigating the air defense failure on the day of 9/11 will not even issue a subpoena for the documents it needs until autumn (see Late October 2003 and November 6, 2003). [Kean and Hamilton, 2006, pp. 127-8]
Close to a Disaster - Referring to various problems with the first hearing, including confusion over logistics, low turnout by the public, and the discontent from the victims’ families, Shenon will say that this first public hearing “came close to being a disaster.” [Shenon, 2008, pp. 97]

Entity Tags: Philip Shenon, 9/11 Commission, Thomas Kean, Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mindy Kleinberg.Mindy Kleinberg. [Source: Public domain]Following introductory statements by 9/11 Commissioners (see 9:15 a.m. - 9:45 a.m. March 31, 2003) and questioning of New York officials, several of the victims’ relatives testify on the first day of the Commission’s first hearing. One relative is selected from each of the four organizations they have formed. [Shenon, 2008, pp. 102] The relatives are unhappy and, as the Miami Herald reports, “Several survivors of the attack and victims’ relatives testified that a number of agencies, from federal to local, are ducking responsibility for a series of breakdowns before and during September 11.” [Miami Herald, 3/31/2003] The New York Times suggests that the 9/11 Commission would never have been formed if it were not for the pressure of the 9/11 victims’ relatives. [New York Times, 4/1/2003] Some of the relatives strongly disagree with statements from some commissioners that they should not place blame. For instance, Stephen Push states: “I think this Commission should point fingers.… Some of those people [who failed us] are still in responsible positions in government. Perhaps they shouldn’t be.” [United Press International, 3/31/2003] The most critical testimony comes from 9/11 relative Mindy Kleinberg, but her testimony is only briefly reported on by a few newspapers. [United Press International, 3/31/2003; Newsday, 4/1/2003; New York Times, 4/1/2003; New York Post, 4/1/2003; New Jersey Star-Ledger, 4/1/2003] In her testimony, Kleinberg says: “It has been said that the intelligence agencies have to be right 100 percent of the time and the terrorists only have to get lucky once. This explanation for the devastating attacks of September 11th, simple on its face, is wrong in its value. Because the 9/11 terrorists were not just lucky once: They were lucky over and over again.” She points out the insider trading based on 9/11 foreknowledge, the failure of fighter jets to catch the hijacked planes in time, hijackers getting visas in violation of standard procedures, and other events, and asks how the hijackers could have been lucky so many times. [9/11 Commission, 3/31/2003]

Entity Tags: Mindy Kleinberg, Stephen Push, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a series of meetings with 9/11 Commission Chairman Tom Kean and Vice-Chairman Lee Hamilton, White House Counsel Alberto Gonzales continues to deny the commission access to White House documents and personnel (see Late January 2003). The commission wants access to classified White House documents, as well as interviews with President George W. Bush, Vice President Dick Cheney and National Security Adviser Condoleezza Rice.
Claim of Executive Privilege - Gonzales says that the access the commission wants is protected by executive privilege, which means that if advice given to the president by his staff is to have any value, it must remain secret. He thinks that, as the commission was created by Congress, if he gives the commission the access it wants, this will set a precedent, meaning the White House will have to turn over other documents to Congress.
Not a "Viable Position" - Kean thinks that this is not a “viable position” for Gonzales and that he must give them something. He asks himself if Gonzales understands the political damage he is doing to President Bush, and also if Bush knows what Gonzales is doing in his name. Kean is also aware that the commission could subpoena documents, but never makes this threat explicitly to Gonzales. Issuing subpoenas would lead to a constitutional argument that would do a lot of political damage to the White House. Kean believes that Gonzales will have to compromise in the end—9/11 was such a unique event that providing some access will not set a precedent. 9/11 Commissioner and former White House Counsel Fred Fielding is also extremely surprised by what Gonzales is doing. He knows it is only a matter of time before Gonzales retreats, and the longer it takes him to do so, the more damage he will do to Bush. [Shenon, 2008, pp. 122-126] Fielding will return as White House counsel in January 2007. In a scandal over the firing of US attorneys for allegedly political reasons, he will behave in much the same way as Gonzales does in this case. [Washington Post, 4/11/2007]
Gonzales Refuses to Meet Commission Lawyer - Gonzales insists on meeting only Kean and Hamilton and, following an earlier frosty meeting with executive director Philip Zelikow (see Late January 2003), refuses to see anyone else from the commission, including its counsel Daniel Marcus. When Kean and Hamilton return from the meetings with Gonzales at the White House, Marcus has to debrief them and work out a counter-strategy to what Gonzales’ position seems to be. “It was very messy,” Marcus will recall. Marcus also knows Gonzales is getting Bush in trouble: “Gonzales didn’t have good political judgment and staked out positions that got the White House in trouble—these kinds of wooden separation of powers arguments.”
Some Speculate Addington Behind Gonzales - Some commissioners and staff think that what Gonzales is doing is so damaging to President Bush that he may not even be expressing Bush’s views. According to this line of thinking, Gonzales is being directed by Vice President Dick Cheney and his counsel David Addington, both of whom are known to have extreme views on executive privilege (see June 26, 2007 and June 27, 2007). Kean will later say the commission “never knew” who was really behind the arguments. [Shenon, 2008, pp. 122-126]

Entity Tags: David S. Addington, Daniel Marcus, Alberto R. Gonzales, Lee Hamilton, Fred F. Fielding, Thomas Kean

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission releases a status report showing that various government agencies are not cooperating fully with its investigation. Neither the CIA nor the Justice Department have provided all requested documents. Lack of cooperation on the part of the Department of Defense “[is] becoming particularly serious,” and the Commission has received no responses whatsoever to requests related to national air defenses. The FBI, State Department, and Transportation Department receive generally positive reviews. [Associated Press, 7/9/2003] Commissioner Tim Roemer complains: “We’re not getting the kind of cooperation that we should be. We need a steady stream of information coming to us.… Instead, We’re getting a trickle.” [Guardian, 7/10/2003] The Commission is eventually forced to subpoena documents from the Defense Department and FAA (see November 6, 2003). Commission Chairman Tom Kean also highlights the presence of government “minders” at Commission interviews. The minders accompany witnesses the Commission is interviewing and come from the witnesses’ parent agencies. Kean says: “I think the Commission feels unanimously that it’s some intimidation to have somebody sitting behind you all the time who you either work for or works for your agency. You might get less testimony than you would.” He adds, “We would rather interview these people without minders or without agency people there.” [New York Times, 7/8/2003; Associated Press, 7/9/2003] However, Kean will later play down the effect minders are having on witnesses (see September 23, 2003), the full scope of which will be revealed in an internal Commission memo (see October 2, 2003).

Entity Tags: US Department of Transportation, US Department of Justice, US Department of Defense, US Department of State, Tim Roemer, Federal Bureau of Investigation, 9/11 Commission, Bush administration (43), Central Intelligence Agency, Thomas Kean

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

While some find neoconservative author Laurie Mylroie’s testimony before the 9/11 Commission of a terrorist conspiracy between Saddam Hussein and al-Qaeda to be compelling (see July 9, 2003), others do not. One group that is not convinced is the so-called “Jersey Girls,” the group of widows who lost their husbands in the 9/11 attacks and then worked to force the Bush administration to create the Commission (see 9:15 a.m. - 9:45 a.m. March 31, 2003). They lambast Commission director Philip Zelikow for allowing Mylroie to testify. “Jersey Girl” Lorie Van Auken, who has learned a great deal about Mylroie’s theories in her research, confronts Zelikow shortly after the hearings. “That took a lot of nerve putting someone like that on the panel,” she tells Zelikow. “Laurie Mylroie? This is supposed to be an investigation of September 11. This is not supposed to be a sales pitch for the Iraq war.” Van Auken later recalls “a sly smile” crossing Zelikow’s face, as he refuses to answer. “He knew exactly what he was doing,” Van Auken will say. “He was selling the war.” After the hearing, Zelikow informs the staff that he wants them to aggressively pursue the idea of a link between Iraq and al-Qaeda. Author Philip Shenon will later write, “To some members of the staff, Zelikow seemed determined to demonstrate that whatever the evidence to the contrary, Iraq and al-Qaeda had a close relationship that justified the toppling of Saddam Hussein.” [Shenon, 2008, pp. 130-134]

Entity Tags: Saddam Hussein, ’Jersey Girls’, 9/11 Commission, Philip Shenon, Al-Qaeda, Lorie Van Auken, Laurie Mylroie, Philip Zelikow

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline

The 9/11 Commission files a request to see some Presidential Daily Brief (PDB) items it believes it may need for its investigation.
Filed with CIA - The Commission had conducted preliminary discussions about the PDBs with White House Counsel Alberto Gonzales, but they have not borne fruit (see Late January 2003 and June 2003) and the Commission understands it may have to fight to get the documents. Therefore, it submits the request to the CIA, which writes and keeps the PDBs, as the Commission’s lawyers think it will be easier to enforce a subpoena against the CIA than the White House.
Credibility - Commission Chairman Tom Kean and Vice Chairman Lee Hamilton are aware the Commission must get the PDBs, or at least be seen to try hard, to maintain its credibility. This is particularly because, according to author Philip Shenon, “the PDBs were becoming the ‘holy grail’ for the 9/11 families and for the press corps.” Hamilton will say if the Commission’s investigation ended without it seeing them, “that would be the only thing the press would be interested in.” Shenon will add, “It seemed as if no other evidence unearthed by the Commission mattered; if the Commission did not see the PDBs, it would be seen in history as having failed.”
Scope of Request - The request is not for the full library of PDBs from the Clinton and Bush administrations. The Commission requests items from 1998 on that mention al-Qaeda, domestic terrorist threats, terrorist plots involving airlines used as weapons, and intelligence involving Afghanistan, Pakistan, Saudi Arabia, Sudan, Yemen, and Germany.
White House Says No - Although the request was addressed to the CIA, Gonzales replies for the White House in September, saying the Commission cannot see the PDBs, or even brief extracts. [Shenon, 2008, pp. 214-215]

Entity Tags: Central Intelligence Agency, Alberto R. Gonzales, Philip Shenon, 9/11 Commission, Thomas Kean, Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Investigators for the 9/11 Commission discover that the Federal Aviation Administration (FAA) has withheld a large amount of documents from it about the day of the attacks and falsely claimed it had provided everything the Commission asked for (see August 2003). The discovery is made on a day when the Commission’s investigators begin interviewing air traffic controllers at centers on the East Coast and in the Midwest. John Farmer, the staffer who leads the Commission’s team dealing with this aspect of its work, is only a few minutes into interviews at the FAA’s Indianapolis Center when he realizes, in the words of author Philip Shenon, “just how much evidence the FAA had held back.” His interviewees tell him that there is “extensive information the Commission has not seen, including tape recordings of conversations between the individual air traffic controllers and the hijacked planes.” He also discovers that what the FAA has provided is merely the “accident package,” rather than the much larger “accident file.” Farmer is “furious” and contacts the Commission’s lawyer in Washington. Asked to explain the situation, the FAA rapidly admits there is other material and, within days, several boxes of new material, including the air traffic control tapes, arrive at the Commission’s offices. [Shenon, 2008, pp. 201-202] However, the Commission has lost confidence in the FAA and will issue it with a subpoena next month (see October 14, 2003).

Entity Tags: 9/11 Commission, Federal Aviation Administration, Indianapolis Air Route Traffic Control Center, John Farmer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Asked about the intimidation of 9/11 Commission witnesses by government “minders,” the Commission’s chairman, Tom Kean, downplays the effect minders are having. Although he had previously complained about intimidation (see July 7, 2003), now he says: “Talking to staff, what they have told me is that as they’ve done these interviews, that the interviewees are encouragingly frank; that they by and large have not seemed to be intimidated in any way in their answers.… I’m glad to hear that it’s—from the staff that they don’t feel it’s inhibiting the process of the interviews.” The Commission’s Vice Chairman Lee Hamilton comments, “it is our feeling that thus far, the minders have not been an impediment, in almost all cases.” He adds that there were “one or two instances where the question has arisen,” but “neither are we aware at this point that the presence of a minder has substantially impeded our inquiry. And nor have we run into a situation where we think a witness has refrained from speaking their minds.” [9/11 Commission, 9/23/2003 pdf file] Kean’s comments about the staff’s feelings are untrue. Nine days later, one of the Commission’s team leaders and two other staffers will send an internal memo entitled “Executive Branch Minders’ Intimidation of Witnesses” (see October 2, 2003).

Entity Tags: 9/11 Commission, Lee Hamilton, Thomas Kean

Timeline Tags: Complete 911 Timeline

After becoming unhappy with the quality of information it is receiving from the CIA about detainee interrogations (see Summer 2003), the 9/11 Commission not only gives the CIA more questions for detainees, but also asks it how the interrogations are carried out. The Commission thinks the second set of questions is the most important, but the CIA only responds to them in a vague manner. They concern the translation process in the interrogations, the interrogators’ background, the way the interrogators handle inconsistencies in the detainees’ stories, the particular questions that were asked to elicit reported information, the way interrogators followed up on certain lines of questioning, the context of the interrogations so the Commission can assess the credibility and demeanor of the detainees when they made the reported statements, and the interrogators’ views or assessments. According to a later account by Commission chairman Tom Kean and vice-chairman Lee Hamilton, CIA general counsel Scott Muller writes back with “non-specific replies.” Muller also fails to inform the Commission that the CIA has videotapes of some of the interrogations (see Summer 2003-January 2004). Because the Commission is “not satisfied” with Muller’s response, it pushes for direct access to detainees, but this attempt fails (see November 5, 2003-January 2004 and After January 2004). [New York Times, 1/2/2008]

Entity Tags: Lee Hamilton, 9/11 Commission, Central Intelligence Agency, Scott Muller, Thomas Kean

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

A memo is distributed inside the 9/11 Commission discussing the problem of government minders attending 9/11 Commission interviews. The memo, entitled “Executive Branch Minders’ Intimidation of Witnesses,” is written by three staffers on the Commission’s Team 2, which reviewed the overall structure of the US intelligence community. The authors are Kevin Scheid, a senior staffer who led the team; Lorry Fenner, an Air Force intelligence officer; and lawyer Gordon Lederman. The complaint is sent to the Commission’s counsels, Daniel Marcus and Steven Dunne, about halfway through the Commission’s 19-month life. [9/11 Commission, 2003; 9/11 Commission, 10/2/2003; Shenon, 2008, pp. 87-88, 156]
Minder Interference - Typically, if a witness to be interviewed is from a government agency, such as the FBI, then one or more FBI “minders” also attend the interview. But the Team 2 memo makes clear that these minders are not simply passive observers. The memo complains: “When we have asked witnesses about certain roles and responsibilities within the intelligence community, minders have preempted witnesses’ responses by referencing formal policies and procedures. As a result, witnesses have not responded to our questions and have deprived us from understanding the intelligence community’s actual functioning and witnesses’ view of their roles and responsibilities.”
Minder Intimidation - Furthermore: “[M]inders have positioned themselves physically and have conducted themselves in a manner that we believe intimidates witnesses from giving full and candid responses to our questions. Minders generally have sat next to witnesses at the table and across from Commission staff, conveying to witnesses that minders are participants in interviews and are of equal status to witnesses.” Sometimes, minders simply “answer questions directed at witnesses.” The memo also registers concern that minders take “verbatim notes of witnesses’ statements,” and this “conveys to witnesses that their superiors will review their statements and may engage in retribution.” Furthermore, the verbatim note-taking “facilitates agencies in alerting future witnesses to the Commission’s lines of inquiry and permits agencies to prepare future witnesses either explicitly or implicitly.” The memo states that “the net effect of minders’ conduct, whether intentionally or not, is to intimidate witnesses and to interfere with witnesses providing full and candid responses.”
Not Just Team 2 - The memo makes clear that the problems are not occurring only with witnesses talking to Team 2, but also in “other teams’ interviews.” A hand-written note on a draft of the memo says, “not one agency or minder—also where we’ve sat in on other teams’ interviews.” [9/11 Commission, 10/2/2003]
Trip to Canada Provides Example - Minders are mentioned in passing in many other 9/11 Commission documents. One memo entitled “Canada Trip Lessons Learned” provides more details about how minders behave. The memo is undated, but appears to have been written by staffer Gordon Lederman in the autumn of 2003. The memo complains that one minder “acted as a participant,” “responded to inquiries,” and “consulted with” the witnesses during several interviews. This minder took verbatim notes while sitting next to witnesses, and in one interview, “sighed heavily repeatedly.” The memo further notes that the minder “had an opportunity to coach/poison the well with” the witness “at dinner the night before and with others before they arrived.” It is unclear which agency this minder is from, although she is an intelligence community attorney. The memo also complains about another minder: “He sat next to the subjects in at least two [interviews]. He responded to questions and even asked a question.” Furthermore, “He sought to describe Canadian system/organization while there were three Canadians there to talk to us.” He even invited another minder to attend a later interview; the memo notes that it should have been the 9/11 Commission staff inviting the minders. [9/11 Commission, 2003]
Proposed Action - The memo does not propose that minders should be banned from interviews, but instead suggests a set of rules governing minder conduct. For example, minders should keep a “low profile,” sit out of witnesses’ sight, not take verbatim notes, and not answer any questions directed at the witnesses. The memo also proposes that there should be only one minder per witness, which reveals that witnesses being outnumbered by minders is a common problem. [9/11 Commission, 10/2/2003]
9/11 Commissioners Ignorant or Dishonest about Minders - It is not known if any of the proposals are implemented. However, no documentary evidence will emerge to suggest they are implemented. Furthermore, the heads of the Commission appear to be either oblivious or dishonest regarding the role of minders. In early July 2003, Commission chairman Tom Kean, a Republican, discussed minders in a press briefing, saying: “I think the Commission feels unanimously that it’s some intimidation to have somebody sitting behind you all the time who you either work for or works for your agency. You might get less testimony than you would” (see July 7, 2003). [New York Times, 7/8/2003] But at a later press briefing on September 23, 2003, Kean no longer saw minders as intimidating. Instead, he said: “Talking to staff, what they have told me is that as they’ve done these interviews, that the interviewees are encouragingly frank; that they by and large have not seemed to be intimidated in any way in their answers.… I’m glad to hear that it’s—from the staff that they don’t feel it’s inhibiting the process of the interviews.” In the same press briefing, vice chairman Lee Hamilton, a Democrat, commented, “it is our feeling that thus far, the minders have not been an impediment, in almost all cases.” He added that there were “one or two instances where the question has arisen,” but, “neither are we aware at this point that the presence of a minder has substantially impeded our inquiry. And nor have we run into a situation where we think a witness has refrained from speaking their minds” (see September 23, 2003). These comments were made just nine days before the previously discussed memo entitled “Executive Branch Minders’ Intimidation of Witnesses” is sent. [9/11 Commission, 9/23/2003 pdf file] It is unclear if Kean and Hamilton were lying or were just oblivious. 9/11 Commission executive director Philip Zelikow generally controls and limits the flow of information between commissioners and staffers to such a degree that even near the end of the Commission’s tenure, one staffer will confront a commissioner in a bathroom in an attempt to get a complaint to her (see March 2, 2003 and July 2004).
No Press Coverage - The issue of minder intimidation will not be made public until 2009, when some of the 9/11 Commission’s source documents are made public. Even then, there will be no mainstream media coverage of the issue.

Entity Tags: Kevin Scheid, Gordon Lederman, Lorry Fenner, 9/11 Commission, Daniel Marcus, Steven Dunne, Philip Zelikow

Timeline Tags: Complete 911 Timeline

The 9/11 Commission issues it first subpoena, to the Federal Aviation Administration (FAA). The Commission had initially decided not to issue subpoenas (see January 27, 2003), but found that the FAA had withheld documentation from it (see August 2003 and September 2003), prompting it to take this step.
Request from Team Leader - The subpoena’s issue is the result of a request from John Farmer, leader of the Commission’s team investigating the day of the attacks. After receiving permission from the Commission’s chairman and lawyer, Tom Kean and Daniel Marcus, to address the full Commission, Farmer tells them: “My team and I have lost confidence in the FAA. We do not believe we have time to take any more chances on the possibility that they will act on good faith.” This leaves them with “no choice other than a subpoena.”
Debate inside Commission - Some of the Democratic commissioners, such as Jamie Gorelick, then claim that this is a reason to subpoena all documents the Commission wants. However Kean and Vice Chairman Lee Hamilton are against this. Republican Slade Gorton proposes a compromise where the Commission subpoenas the FAA, but only issues a warning to other agencies that are not producing the documents the Commission wants. [Shenon, 2008, pp. 202-203] The Commission approves the subpoena unanimously. The Commission comments publicly, saying, “This disturbing development at one agency has led the Commission to reexamine its general policy of relying on document requests rather than subpoenas.” [Associated Press, 10/15/2003] It also warns other agencies that “document requests must be taken as seriously as a subpoena.” [Shenon, 2008, pp. 203]

Entity Tags: Federal Aviation Administration, Daniel Marcus, 9/11 Commission, Thomas Kean, Lee Hamilton, John Farmer, Slade Gorton, Jamie Gorelick

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Following nine months of haggling over access to Presidential Daily Brief (PDB) items related to the 9/11 Commission’s work (see Late January 2003, June 2003, and Late Summer 2003), White House Counsel Alberto Gonzales agrees to provide the Commission with a briefing about them.
No Details Provided - Gonzales says the briefing will be about the “contents” of the PDBs, although the Commission is unsure what this means and thinks it may include verbal information about what is written in items relevant to its investigation. However, at the briefing, lawyers simply tell the Commission about how the documents are prepared. They also say that there are approximately 300 PDB items relevant to the Commission’s work, but they will not provide any details of what the items actually say.
Briefing Is 'Ridiculous' - The commissioners are very frustrated, and Republican Commissioner Jim Thompson, for example, complains, “This is ridiculous.” Author Philip Shenon will comment: “The commissioners were seething. If the briefing was meant to placate them, it had done the opposite; it was one more bit of proof of Gonzales’s ham-handed strategy in dealing with the investigation. If anything, the commissioners were now more anxious to see the actual PDBs.” Thompson will add, “We were not going to take no for an answer.” [Shenon, 2008, pp. 215-216]

Entity Tags: James Thompson, 9/11 Commission, Alberto R. Gonzales

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Several months into its investigation, the 9/11 Commission is already dissatisfied with the Department of Defense (see July 7, 2003).
Recorded Conversations Not Provided to Commission - When its staff take a tour of a Northeast Air Defense Sector (NEADS) facility in Rome, New York, which helped coordinate the air defense on the day of 9/11, the staff enter the operations room, which has “more than 20 banks of operators: some weapons controllers and some flight controllers.” The staff find that the operators’ conversations are always tape-recorded, but the tapes for 9/11 have not yet been sent to the Commission. In addition, according to Commission Chairman Tom Kean and Vice Chairman Lee Hamilton, “there were also discrepancies between things NORAD was telling [the Commission] about their performance on the morning of September 11—things that the agency had stated publicly after 9/11—and the story told by the limited tapes and documents the Commission had received.”
'Egregious' Failure - Upon learning of the existence of the tapes, team leader John Farmer immediately suspends the tour and the interviews and flies to meet Kean in New Jersey. [Kean and Hamilton, 2006, pp. 85-88] Farmer will say that the failure to produce the tapes was “egregious,” as, “Those tapes told the story of the air defense better than anything else that anyone could have given us.”
Subpoena Demanded - Farmer demands that a subpoena be issued to the Pentagon for the tapes. He tells Kean: “Listen, we have to subpoena this stuff. We may not get it, but if we don’t try to get it, how can you explain to the public that we have done our job?” Farmer is aware that it will be difficult to get a subpoena on the Pentagon—“When you’re talking about subpoenaing the DOD, the room goes quiet”—but he decides privately: “I would have quit if we didn’t. I felt we were becoming a laughingstock.” [Shenon, 2008, pp. 204]
Lost Time - Despite opposition from its Vice Chairman Lee Hamilton (see (Late October-Early November 2003)) and, allegedly, its Executive Director Philip Zelikow (see November 5, 2003), the Commission will subpoena NORAD for the tapes (see November 6, 2003). However, according to Kean and Hamilton, this means that “the staff had lost so much time that our hearing on the 9/11 story in the skies was postponed for months. Indeed, the delays from NORAD and the FAA made it highly unlikely that the team could complete its work as scheduled.” [Kean and Hamilton, 2006, pp. 85-88] Chapter 1 of the Commission’s final report will draw heavily on the tapes. [9/11 Commission, 7/24/2004, pp. 1-46]
Contrast with Other Aspects of Investigation - However, the Commission does not make the same effort with all day of 9/11 recordings. For example, it does not even find out which person(s) from the Department of Defense participated in a White House video conference chaired by counterterrorism “tsar” Richard Clarke during the attacks (see (9:10 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 36]

Entity Tags: Northeast Air Defense Sector, Lee Hamilton, 9/11 Commission, John Farmer, Thomas Kean

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Following the discovery that NORAD is withholding extremely important evidence from the 9/11 Commission (see Late October 2003), John Farmer, the leader of the Commission team investigating the day of 9/11, and the Commission’s Executive Director Philip Zelikow discuss subpoenaing the Pentagon. In the first meeting, Zelikow seems to support Farmer’s demand that a subpoena be issued, but is “hard to read” according to Farmer.
Charges that Zelikow is 'Undoing' Subpoena - Farmer then returns to New York, where he is based for his work on the Commission. According to Farmer, he receives an urgent phone call from Daniel Marcus, the Commission’s counsel, telling him Zelikow is trying to derail the subpoena and that Defense Secretary Donald Rumsfeld is to meet with the commissioners to dissuade them. Such a meeting will actually be held one day before the Commission votes on the subpoena (see November 5, 2003). In Farmer’s account, Marcus says: “You’d better get down here. It’s all unraveling. Philip is undoing this.” Marcus will later say he does not recall this call, but will say that Zelikow, who was close to members of Rumsfeld’s staff, would even “flaunt” his good relations with Undersecretary of Defense for Intelligence Stephen Cambone. Zelikow will later make a successful last-ditch bid to prevent a subpoena being issued on the White House (see February 2004).
Disagreement between Zelikow, Farmer - According to Farmer, he returns to Washington and together with Dana Hyde, one of his staffers, confronts Zelikow. Hyde complains, “We can’t do our job if you frustrate us.” Farmer adds: “I thought you were supporting this subpoena. Now I hear otherwise. What’s going on?” He demands he be allowed to address the commissioners on the subpoena, but Zelikow replies: “I represent the staff. I will represent your views.” According to author Philip Shenon, Zelikow’s face “turn[s] the crimson color that the staff in Washington ha[ve] seen before in moments of his most extreme rage.” Zelikow then says, “It’s beyond our pay grade at this point.” Farmer disagrees and storms out of Zelikow’s office.
Zelikow's Version - Zelikow will confirm that there was a difference of opinion with Farmer on the matter: “We did have concerns about timing and tactics. Tension was building to a breaking point.” However, Zelikow will say he did not necessarily oppose a subpoena, as he shared Farmer’s concerns about the Pentagon’s truthfulness. Marcus will back Zelikow, saying that he thinks Zelikow did not try to derail the subpoena because of his friendship with Cambone or for any other reason. [Shenon, 2008, pp. 205-207]

Entity Tags: Daniel Marcus, Dana Hyde, John Farmer, Philip Zelikow, 9/11 Commission

Timeline Tags: Complete 911 Timeline

9/11 Commission Chairman Thomas Kean gives an interview to the New York Times in which he attacks the White House over its withholding of classified intelligence about al-Qaeda and attacks on the US from the Commission (see Late January 2003, June 2003, Late Summer 2003, and October 16, 2003). Although he does not mention Presidential Daily Briefs (PDBs) specifically, thinking their name secret, he says, “We’re having trouble with the White House,” meaning that a subpoena may have to be issued. He adds: “Any document that has to do with this investigation cannot be beyond our reach. I will not stand for it.” The piece runs as the lead story on page one of the newspaper, causing a good deal of criticism of President George Bush. It is picked up by Democrats, such as presidential candidate Joe Lieberman, who says, “After claiming they wanted to find the truth about September 11, the Bush administration has resorted to secrecy, stonewalling, and foot-dragging.” [New York Times, 10/26/2003; Shenon, 2008, pp. 215-216] As a result of this story, President Bush makes a statement identifying the documents the Commission wants as PDBs and promising to work with the Commission to give it some access. [Shenon, 2008, pp. 216-217]

Entity Tags: Joseph Lieberman, George W. Bush, Thomas Kean, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Despite asking some questions about the way the CIA is putting some of its questions to high-ranking al-Qaeda detainees it is interested in (see October 2003), the 9/11 Commission fails to inquire more deeply into the harsh interrogation methods the CIA uses on detainees. One Commission staffer will say: “We did not delve deeply into the question of the treatment of the prisoners. Standards of treatment were not part of our mission.” Another will admit: “We did not ask specifically. It was not in our mandate.” In 2008, Michael Ratner, president of the Center for Constitutional Rights, will say he is “shocked” by the failure to ask about interrogation techniques, “If you’re sitting at the 9/11 Commission, with all the high-powered lawyers on the Commission and on the staff, first you ask what happened rather than guess.” [MSNBC, 1/30/2008]

Entity Tags: Michael Ratner, Center for Constitutional Rights, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lee Hamilton, vice chairman of the 9/11 Commission, makes an 11th-hour visit to the Pentagon in an attempt to avert a subpoena some on the Commission want to file on the Defense Department over documents NORAD is withholding from the Commission (see Late October 2003).
Meeting with Defense Officials - At the Pentagon, Hamilton meets Defense Secretary Donald Rumsfeld, his deputy Paul Wolfowitz, and Undersecretary for Intelligence Stephen Cambone. Hamilton takes with him Slade Gorton, a Republican member of the Commission who is inclined towards issuing the subpoena.
Arranged by Zelikow? - It is unclear who initiated and arranged the meeting; some staffers who want the subpoena issued will accuse Philip Zelikow, the Commission’s executive director, of setting it up as a part of a wider effort to thwart the subpoena (see (Late October-Early November 2003)). However, Zelikow will later say he does not recall having anything to do with the meeting.
Rumsfeld Promises to Settle Issue - At the meeting, Rumsfeld is, according to author Philip Shenon, “charming and agreeable” and insists he is unaware of the problems between the Commission and NORAD. He vows to resolve the issues and promises that any evidence that has been withheld until now will be turned over immediately. Therefore, he says, there is no need for a subpoena.
Differences between Hamilton and Gorton - Hamilton, who was initially rejected for the vice chairmanship of the Commission because of his links to Rumsfeld and other Republicans (see Before November 27, 2002) and who sometimes takes the current administration’s side in internal Commission debates (see March 2003-July 2004 and Early July 2004), thinks this is the end of the matter. “I’ve known Don Rumsfeld for 20, 30 years,” he tells the other commissioners. “When he said, ‘I’m going to get that information for you,’ I took him at his word.” Gorton’s attitude is different. “I was outraged with NORAD and the way they had operated.” Thinking false statements NORAD officials provided to the Commission may have been made knowingly, he will add, “Even if it wasn’t intentional, it was just so grossly negligent and incompetent.” [Shenon, 2008, pp. 207] The Commission will vote to issue the subpoena the next day, with Hamilton against and Gorton for (see November 6, 2003).

Entity Tags: Lee Hamilton, Donald Rumsfeld, US Department of Defense, Stephen A. Cambone, Slade Gorton, Philip Zelikow, 9/11 Commission, Paul Wolfowitz

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission votes to issue a subpoena on the Defense Department for documents withheld from it regarding the fighter response on the day of the attacks. The vote follows a demand from the Commission’s team investigating the air defense that it be issued, as the military has been withholding documents and making false statements (see Late October 2003), as well as the failure of last-ditch attempts to stop the subpoena’s issue (see (Late October-Early November 2003) and November 5, 2003).
Chairman Kean Has Decisive Vote - The four ordinary Democratic commissioners vote for the subpoena’s issue, but Democratic Vice Chairman Lee Hamilton votes against, together with three ordinary Republican commissioners. The fourth Republican commissioner, Slade Gorton, votes for the subpoena. This means that Tom Kean, the Commission’s Republican chairman, has the deciding vote, and he votes for the subpoena. He dislikes voting against Hamilton, but thinks NORAD is trying to hide something. [Shenon, 2008, pp. 207-208]
'Especially Dismayed' - In a statement issued after the vote, the Commission says it is “especially dismayed” by incomplete document production on the part of NORAD. The Commission explains, “In several cases we were assured that all requested records had been produced, but we then discovered, through investigation, that these assurances were mistaken.” [Associated Press, 11/7/2003]
Documents Expose Apparent False Statements by NORAD - When the documents arrive, according to author Philip Shenon, they show that “NORAD’s public statements about its actions on 9/11 had been wrong, almost certainly intentionally.” Based on interviews of 9/11 Commission staffers, Shenon will add: “This was not the fog of war. This was the military trying to come up with a story that made its performance during 9/11 look reasonably competent, when in fact the military had effectively left the nation’s skies undefended that morning.” In particular, tape recordings of communications at NORAD’s Northeast Air Defense Sector (NEADS) indicate that the military did not know of the hijacking of Flight 93 until it had crashed. 9/11 Commission team leader John Farmer will even say that it is “99 percent” certain that Pentagon officers knew they were lying when they made statements to the Commission, sometimes under oath. [Shenon, 2008, pp. 208]

Entity Tags: Slade Gorton, Thomas Kean, US Department of Defense, Philip Shenon, Lee Hamilton, 9/11 Commission, John Farmer, North American Aerospace Defense Command

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission and the White House come to a deal on the Commission’s access to Presidential Daily Briefs (PDBs) relevant to its work. The Commission and White House had been in dispute about the issue for nearly a year (see Late January 2003, June 2003, Late Summer 2003, October 16, 2003, Shortly Before October 26, 2003, and November 6, 2003).
Arrangement - The deal gives Commission Chairman Thomas Kean and Vice Chairman Lee Hamilton, plus two others on the Commission to be designated, access to a group of 20 “core” PDBs clearly relevant to the Commission’s work. In addition, two of these four can read all possibly relevant PDBs and insist on the other two being allowed to see anything they think is important. The deal is struck by Kean and Hamilton for the Commission, White House counsel Alberto Gonzales, and White House chief of staff Andy Card. The Commission designates commissioner Jamie Gorelick and its executive director, Philip Zelikow, as the two who will help Kean and Hamilton and also review all the other PDBs. The other seven commissioners and the rest of the staff cannot see the PDBs.
Criticism - Two of the commissioners, Democrats Tim Roemer and Max Cleland, are extremely angry with the deal and complain the Commission cannot function properly without all the commissioners seeing all the relevant documents. The victims’ relatives are also extremely unhappy, and the Family Steering Committee releases a statement saying, “A limited number of commissioners will have restricted access to a limited number of PDB documents,” adding, “The Commission has seriously compromised its ability to conduct an independent, full, and unfettered investigation.” They are also unhappy that Zelikow is one of the two handling the main review, because they are concerned about his ties to National Security Adviser Condoleezza Rice, among other issues (see March 21, 2004). One of the victim’s relatives, Kristen Breitweiser, says, “How much more of Zelikow do we have to take?” The Commission’s counsel, Daniel Marcus will agree with the families, saying, “If we were going to have a staff person do this, Philip was not the right person.” [Shenon, 2008, pp. 218-219]

Entity Tags: Andrew Card, White House, 9/11 Commission, Alberto R. Gonzales, Thomas Kean, Tim Roemer, Max Cleland, Daniel Marcus, Jamie Gorelick, Philip Zelikow, Lee Hamilton, Kristen Breitweiser, 9/11 Family Steering Committee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 Commission Executive Director Philip Zelikow says that former counterterrorism “tsar” Richard Clarke must be placed under oath when he is interviewed by the commission.
'I Know Dick Clarke' - Usually, former and current government officials being interviewed by the commission are not placed under oath; this only happens when there is, in author Philip Shenon’s words, “a substantial reason to doubt their truthfulness.” Zelikow tells the staff, “I know Dick Clarke,” and, according to Shenon, argues that “Clarke was a braggart who would try to rewrite history to justify his errors and slander his enemies, [National Security Adviser Condoleezza] Rice in particular.” Zelikow is close to Rice (see January 3, 2001, May-June 2004, and February 28, 2005). Zelikow had also previously told Warren Bass, the commission staffer responsible for the National Security Council, that Clarke should not be believed and that his testimony was suspect.
Staff Cannot Talk to Zelikow about Rice - Due to Zelikow’s constant disparagement of Clarke and for other reasons, the staff come to realize that, in Shenon’s words, “they could not have an open discussion in front of Zelikow about Condoleezza Rice and her performance as national security adviser.” In addition, “They could not say openly, certainly not to Zelikow’s face, what many on the staff came to believe: that Rice’s performance in the spring and summer of 2001 amounted to incompetence, or something not far from it.”
Effect of Recusal Agreement - Zelikow has concluded a recusal agreement in the commission, as he was involved in counterterrorism on the Bush administration transition team. As a consequence of this agreement, he cannot be involved in questioning Clarke on any issue involving the transition. Shenon will comment: “[Zelikow] had reason to dread what Clarke was about to tell the commission: It was Zelikow, after all, who had been the architect of Clarke’s demotion in the early weeks of the Bush administration, a fact that had never been aired publicly.”
First Interview - Clarke is first interviewed by the commission on December 18, and the interview is mostly conducted by Daniel Marcus, the commission’s lawyer. Marcus and the other staffers present at the interview realize within minutes what an important witness Clarke will be and what damage he could do to Bush and Rice. Marcus will later comment, “Here was a guy who is totally unknown outside the Beltway, who had been a Washington bureaucrat all of his life, who turns out to be a dynamite witness.” Clarke tells the commission of charges he will later repeat publicly (see March 21, 2004 and March 24, 2004), saying that Bush and Rice did not take terrorism seriously enough in the run-up to the attacks, that they were more focused on issues left over from the Cold War, and that Bush tried to get him to link the attacks to Iraq. [Shenon, 2008, pp. 145-146, 196-199]

Entity Tags: Warren Bass, Philip Zelikow, Daniel Marcus, 9/11 Commission, Richard A. Clarke, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Some months after he begins working on National Security Council (NSC) files (see August 2003), 9/11 Commission staffer Warren Bass decides that he should quit the commission, or at least threaten to quit. The main reason for this is because he feels the commission’s executive director, Philip Zelikow, is distorting the commission’s work to favor National Security Adviser Condoleezza Rice, to whom Zelikow is close (see January 3, 2001, Before December 18, 2003, May-June 2004, and February 28, 2005).
'Zelikow Is Making Me Crazy' - Bass tells Daniel Marcus, the commission’s lawyer, “I cannot do this,” and “Zelikow is making me crazy.” According to author Philip Shenon, Bass is “outraged” by Zelikow’s conduct and thinks the White House is trying to “sabotage” his work by limiting his access to certain documents. Zelikow will later admit that he had a conflict with Bass, but will say that it was just an honest difference of opinion between historians. However, colleagues will say Bass saw it differently. Shenon will write: “[Bass] made it clear to colleagues that he believed Zelikow was interfering in his work for reasons that were overtly political—intended to shield the White House, and Rice in particular, from the commission’s criticism. For every bit of evidence gathered by Bass and [the commission team investigating US counterterrorism policy] to bolster [former counterterrorism “tsar” Richard] Clarke’s allegation that the White House had ignored terrorist threats in 2001, Zelikow would find some reason to disparage it.”
Talked Out of It - However, Marcus and Michael Hurley, Bass’ immediate superior on the commission, persuade Bass not to resign. Shenon will say that his resignation “would have been a disaster for the commission; Bass was the team’s institutional memory on the NSC, and his writing and editing skills seemed irreplaceable.” Hurley thinks that part of the problem is that Bass, as well as the other members of his team, have a heavy workload, so he gets Zelikow’s consent to hire another staffer, Leonard Hawley. [Shenon, 2008, pp. 149-150]

Entity Tags: Michael Hurley, Daniel Marcus, Philip Shenon, Philip Zelikow, Warren Bass, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph.Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph. [Source: Public domain via Wikipedia] (click image to enlarge)Following unsuccessful attempts by the 9/11 Commission to get direct access to high-value detainees on which some sections of its report will be based (see Summer 2003 and November 5, 2003-January 2004), the Commission decides to add a disclaimer to its report at the beginning of Chapter 5, the first of two that describe the development of the 9/11 plot. The disclaimer, entitled “Detainee Interrogation Reports,” reads: “Chapters 5 and 7 rely heavily on information obtained from captured al-Qaeda members. A number of these ‘detainees’ have firsthand knowledge of the 9/11 plot. Assessing the truth of statements by these witnesses—sworn enemies of the United States—is challenging. Our access to them has been limited to the review of intelligence reports based on communications received from the locations where the actual interrogations take place. We submitted questions for use in the interrogations, but had no control over whether, when, or how questions of particular interest would be asked. Nor were we allowed to talk to the interrogators so that we could better judge the credibility of the detainees and clarify ambiguities in the reporting. We were told that our requests might disrupt the sensitive interrogation process. We have nonetheless decided to include information from captured 9/11 conspirators and al-Qaeda members in our report. We have evaluated their statements carefully and have attempted to corroborate them with documents and statements of others. In this report, we indicate where such statements provide the foundation for our narrative. We have been authorized to identify by name only ten detainees whose custody has been confirmed officially by the US government.” [9/11 Commission, 7/24/2004, pp. 146] Most of the endnotes to the report indicate the sources of information contained in the main body of the text. Of the 132 endnotes for Chapter 5, 83 of them cite detainee interrogations as a source of information contained in the report. Of the 192 endnotes for Chapter 7, 89 cite interrogations. [9/11 Commission, 7/24/2004, pp. 488-499, 513-533] The interrogation of 9/11 mastermind Khalid Shaikh Mohammed (KSM) is mentioned as a source 211 times. [9/11 Commission, 7/24/2004] He was repeatedly waterboarded and tortured (see Shortly After February 29 or March 1, 2003) and it will later be reported that up to 90 percent of the information obtained from his interrogations may be unreliable (see August 6, 2007). Interestingly, the 9/11 Commission sometimes seems to prefer KSM’s testimony over other sources. For instance, in 2003 the 9/11 Congressional Inquiry reported that the CIA learned in 1996 that KSM and bin Laden traveled together to a foreign country in 1995, suggesting close ties between them (see 1996). But the 9/11 Commission will ignore this and instead claim, based on KSM’s interrogation, that KSM and bin Laden had no contact between 1989 and late 1996. [US Congress, 7/24/2003; 9/11 Commission, 7/24/2004, pp. 148-148, 489] The interrogations of al-Qaeda leader Khallad bin Attash are used as a source 74 times, 9/11 hijacker associate Ramzi bin al-Shibh, 68 times, al-Qaeda leader Abd al-Rahim al-Nashiri, 14 times, al-Qaeda leader Hambali, 13 times, and and a generic “interrogation[s] of detainee” is used as a source 57 times. [9/11 Commission, 7/24/2004] Most of these detainees are said to be tortured (see May 2002-2003 and Shortly After February 29 or March 1, 2003). Although the CIA videotaped some of the interrogations, it does not pass the videos to the 9/11 Commission (see Summer 2003-January 2004). Slate magazine will later say that these detainees’ accounts are “woven into the commission’s narrative, and nowhere does the 9/11 report delve into interrogation tactics or make any recommendations about the government’s continuing or future practices. That wasn’t the commission’s mandate. Still, one wonders where video evidence—or the knowledge that such evidence was being withheld—might have led it.” [Slate, 12/10/2007]

Entity Tags: Ramzi bin al-Shibh, Khalid Shaikh Mohammed, 9/11 Commission, Abd al-Rahim al-Nashiri, Hambali, Khallad bin Attash

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Following its failure to get direct access to high-ranking al-Qaeda detainees (see October 2003 and November 5, 2003-January 2004), the 9/11 Commission has the CIA ask the detainees more questions about how the plot developed. This is a second round of questions from the Commission, which was dissatisfied with the answers produced by the first round. According to CIA and 9/11 Commission staffers, as well as an MSNBC analysis in 2008, this second round is “specifically to answer new questions from the Commission.” Analysis of the 9/11 Commission report indicates this second round includes more than 30 separate interrogation sessions. Based on the number of references attributed to each of the sessions, they appear to have been “lengthy.” The Commission is aware that the detainees are being harshly treated (see Late 2003-2004), but it is unclear whether they are further tortured during these additional sessions. The CIA is still using some or all of its “enhanced techniques” at this time (see Shortly After April 28, 2004-February 2005). [MSNBC, 1/30/2008]

Entity Tags: 9/11 Commission, Central Intelligence Agency, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission’s Executive Director Philip Zelikow demands that the Commission subpoena a new book by former counterterrorism “tsar” Richard Clarke that is due to be published soon.
Bad Blood - There has been a running argument in the Commission about Clarke’s criticism of National Security Adviser Condoleezza Rice (see August 2003, Before December 18, 2003, and Early 2004) and there is also bad blood between Clarke and Zelikow, a close associate of Rice (see 1995) who had Clarke demoted in 2001 (see January 3, 2001 and January 27, 2003). Zelikow’s demand is spurred by a change to the publication date of Clarke’s book, which has been moved forward from the end of April to March 22, shortly before Clarke is due to testify publicly before the Commission.
Zelikow Goes 'Ballistic' - Daniel Marcus, the Commission’s lawyer, will recall that when Zelikow learned of the change, he “went ballistic” and “wanted to subpoena [the book].” The reason for his anger is that he thinks that it may contain surprises for the Commission and does not want new information coming out so close to an important hearing. Marcus thinks issuing a subpoena is a bad idea, as the Commission generally refuses to subpoena government departments (see January 27, 2003), so issuing one for the book will make it look bad, and possibly turn the press against it. However, Zelikow initially refuses to back down, saying, “Well, we have subpoena authority,” and adding, “And they have no right to withhold it from us.”
Publisher Provides Book, Clarke Prevents Zelikow from Reading It - Marcus calls the book’s publisher and asks it nicely to give the Commission the book. The publisher agrees, but, worried that excessive distribution would limit the book’s news value, says that only three staffers, ones involved in preparing for Clarke’s interview, can read it. Clarke personally insists on another condition: that Zelikow is not one of these three staffers. Zelikow protests against this condition, but it is approved by the commissioners.
Zelikow Discomfited - This deal highlights the state of relations between Zelikow and the staff. Author Philip Shenon will write: “Marcus and others on the staff could not deny that they enjoyed Zelikow’s discomfort. Throughout the investigation, Zelikow had insisted that every scrap of secret evidence gathered by the staff be shared with him before anyone else; he then controlled how and if the evidence was shared elsewhere. Now Zelikow would be the last to know some of the best secrets of them all.” [Shenon, 2008, pp. 275-277]

Entity Tags: Philip Shenon, Daniel Marcus, Richard A. Clarke, 9/11 Commission, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 Commission staffers that looked at the FBI’s performance prior to the attacks are amazed when they read a draft of the report. The draft recommends almost no changes at the FBI and says that, regarding FBI reforms, “we defer to Director Mueller.” Several staffers go so far as to call this a “whitewash,” as they want an overhaul at the FBI, in particular of its counterterrorist operations. One of the staffers, Caroline Barnes, decides she has to appeal this to the commissioners. However, Executive Director Philip Zelikow does not like staffers talking to the commissioners directly (see March 2, 2003), so Barnes has to make contact with them in a place where Zelikow will not see it. She corners female commissioner Jamie Gorelick in the ladies’ room and tells her the staff are uncomfortable with what the report recommends about the FBI. Gorelick is concerned, and arranges for the whole of the team dealing with the FBI to brief the commissioners before the recommendations are approved. This leads to some minor changes in the final report. The phrase about deferring to the FBI director is edited out, and the commission calls on the bureau to promote the work of counterterrorist agents instead of treating them like second-class citizens. [Shenon, 2008, pp. 403-404]

Entity Tags: Jamie Gorelick, 9/11 Commission, Caroline Barnes, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Aziz Huq.Aziz Huq. [Source: American Prospect]Civil libertarian Aziz Huq writes that Vice President Dick Cheney’s claim that his office is not part of the executive branch and therefore not subject to compliance with executive orders (see 2003 and June 21, 2007) is a genuine constitutional crisis. Huq writes, “The term ‘constitutional crisis’ is much abused, invoked generally whenever Congress shows some life. Confrontations on war funding and Congressional subpoenas, to cite recent examples, are in fact as old as the Republic. They are but healthy sparks from a constitutional confrontation of ‘ambition against ambition,’ precisely as the Framers intended. But the true crisis is hidden in plain sight—the existence of an office in the Constitution—the Vice President’s—with no real remit and no real limits, open to exploitation and abuse.” It is nonsensical, Huq writes, for Cheney on the one hand to claim that as a member of the executive branch he has access to the most secret of classified documents, and on the other hand he is not subject to oversight because he is not a member of the executive branch. Cheney receives these documents as a senior member of the executive branch, not of the legislative. Yet, as president of the Senate, Cheney is not subject to the strict Senate rules on handling classified documents—rules far stricter than those imposed on senior members of the executive branch. Cheney’s arguments create what Huq calls a “legal black hole (another one!) where classified documents can disappear without a trace.” Huq finally asks, “Why should addition of legislative duties trigger the subtraction of executive obligations? In lawyerly terms, the 2003 order applies to ‘any’ entity within the executive branch. Having another label doesn’t stop Cheney from being one of those ‘any’ entities.” Huq says, “If it weren’t so frightening, the irony would be delicious: A Vice President who has done more than any other to push the envelope on executive privilege at the expense of the courts and Congress takes the position that his office has both legislative and executive functions so as to avoid accounting for the use of classified materials. Any veneer of intellectual legitimacy that executive power defenders have caked on their vision of a monarchical executive evaporates in the glare of this naked opportunism.… Cheney and [chief of staff David] Addington will go down in history as the most aggressive and successful advocates of executive powers in this nation’s history.… They grounded their vision of executive power on the prerogatives exercised by the British kings who were overthrown by the American Revolution.” Huq recommends that Congress clarify the situation with legislation that would clearly create a system for handling classified documents that would be binding on the entire government, including the Office of the Vice President. [Nation, 6/26/2007]

Entity Tags: Aziz Huq, Richard (“Dick”) Cheney, Office of the Vice President, David S. Addington

Timeline Tags: Civil Liberties

After saying that if Vice President Dick Cheney does not consider himself entirely part of the executive branch, then taxpayers should not fund his executive branch office (see June 24, 2007), House Democrats led by Rahm Emanuel (D-IL) move to strip federal funding for the Office of the Vice President (OVP). Cheney has said that because the vice president is not strictly part of the executive branch, therefore he and his office are not subject to an executive order mandating disclosure of how many documents his office has classified. President Bush has said that neither his office nor Cheney’s is subject to that order. Emanuel notes that, five years ago, Cheney claimed executive privilege in refusing to release information about oil industry executives during meetings of his Energy Task Force. “Now when we want to know what he’s doing as it relates to America’s national security in the lead-up to the war in Iraq and after the fact, the vice president has declared he is a member of the legislative branch,” Emanuel says. Therefore, “we will no longer fund the executive branch of his office and he can live off the funding for the Senate presidency.” As vice president, Cheney presides over the Senate. [CBS News, 6/27/2007] The federal government, through the executive branch, pays about $4.8 million a year to fund the OVP. [Politico (.com), 6/27/2007] After Cheney’s chief of staff David Addington tacitly admits that Cheney is, after a fashion, part of the executive branch (see June 26, 2007), the Democrats drop their proposal to strip Cheney’s office of executive branch funding.

Entity Tags: Rahm Emanuel, David S. Addington, Energy Task Force, Office of the Vice President, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Civil Liberties

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