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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

Unaware of the White House machinations with Iran and the Nicaraguan Contras (see 1984, May 1984, October 10, 1984, November 19, 1985, December 6, 1985, Mid-1980s, April 4, 1986, May 29, 1986, and June 11, 1986), Congress approves a $100 million appropriation for military and non-arms aid to the Contras. [New York Times, 11/19/1987]

Entity Tags: Reagan administration, Contras

Timeline Tags: Iran-Contra Affair

Ronald Reagan speaks to the nation.Ronald Reagan speaks to the nation. [Source: Bettmann / Corbis]President Reagan addresses the nation on the Iran-Contra issue (see October 5, 1986 and November 3, 1986). “I know you’ve been reading, seeing, and hearing a lot of stories the past several days attributed to Danish sailors (see Early November, 1986), unnamed observers at Italian ports and Spanish harbors, and especially unnamed government officials of my administration,” he says. “Well, now you’re going to hear the facts from a White House source, and you know my name.” But despite his direct introduction, Reagan presents the same half-truths, denials, and outright lies that his officials have been providing to Congress and the press (see Mid-October, 1986 and November 10, 1986 and After).
'Honorable' Involvement - He admits to an 18-month “secret diplomatic initiative” with Iran, for several “honorable” reasons: to renew relations with that nation, to bring an end to the Iran-Iraq war, to eliminate Iran’s sponsorship of terrorism, and to effect the release of the US hostages being imprisoned by Hezbollah. He calls the press reports “rumors,” and says, “[L]et’s get to the facts.”
Falsehoods Presented as Facts - The US has not swapped weapons to Iran for hostages, Reagan asserts. However, evidence suggests otherwise (see January 28, 1981, 1983, 1985, May 1985, June 11, 1985, July 3, 1985, July 8, 1985, August 6, 1985, September 15, 1985, December 6, 1985, December 12, 1985, Mid-1980s, January 7, 1986, January 17, 1986, Late May, 1986, September 19, 1986, and Early October-November, 1986). Reagan also claims the US has not “trafficked with terrorists,” although Iran is listed as a sponsor of terrorism by the State Department. It “has not swapped boatloads or planeloads of American weapons for the return of American hostages. And we will not.” Reports of Danish and Spanish vessels carrying secret arms shipments, of Italian ports employed to facilitate arms transfers, and of the US sending spare parts and weapons for Iranian combat aircraft, all are “quite exciting, but… not one of them is true.” Reagan does admit to his authorization of “the transfer of small amounts of defensive weapons and spare parts for defensive systems to Iran,” merely as a gesture of goodwill. “These modest deliveries, taken together, could easily fit into a single cargo plane,” he says. (In reality, the US has already sent over 1,000 missiles to Iran over the course of a number of shipments.) He says the US made it clear to Iran that for any dialogue to continue, it must immediately cease its support of Hezbollah and other terrorist groups, and to facilitate the release of US hostages held by that group in Lebanon. Evidence exists, Reagan says, of the Iranians ramping down their support of terrorism. And some hostages have already been freed, a true statement, though he fails to mention that others have been taken.
Admission of May Meeting - Reagan admits that former National Security Adviser Robert McFarlane met with Iranian officials (see Late May, 1986). According to Reagan, McFarlane went to Iraq “to open a dialog, making stark and clear our basic objectives and disagreements.” He presents no further information about the meeting, except that the talks were “civil” and “American personnel were not mistreated.”
Exposure Risks Undermining Efforts to Facilitate Peace - The public disclosure of these “honorable” negotiations has put the entire US efforts to broker peace between Iran and Iraq in jeopardy, he says. In negotiations such as these, there is “a basic requirement for discretion and for a sensitivity to the situation in the nation we were attempting to engage.”
Reagan Says Congress Not Lied to - Reagan says that there is no truth to the stories that his officials ever lied to members of Congress about the Iranian negotiations (see Mid-October, 1986). The members of Congress who needed to know about the negotiations were informed, as were the “appropriate Cabinet officers” and others “with a strict need to know.” Since the story has now broken, “the relevant committees of Congress are being, and will be, fully informed.” [Ronald Reagan Presidential Library, 11/13/1986; Dubose and Bernstein, 2006, pp. 65-66]

Entity Tags: US Congress, Robert C. McFarlane, Hezbollah, Contras, Ronald Reagan, US Department of State

Timeline Tags: 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

Oil company Unocal signs an $8 billion deal with Turkmenistan to construct two pipelines (one for oil, one for gas), as part of a larger plan for two pipelines intended to transport oil and gas from Turkmenistan through Afghanistan and into Pakistan. Before proceeding further, however, Unocal needs to execute agreements with Pakistan and Afghanistan; Pakistan and Ahmed Shah Massoud’s government in Afghanistan, however, have already signed a pipeline deal with an Argentinean company. Henry Kissinger, hired as speaker for a special dinner in New York to announce the Turkmenistan pipeline deal, says the Unocal plan represents a “triumph of hope over experience.” Unocal will later open an office in Kabul, weeks after the Taliban capture of the capital in late 1996 and will interact with the Taliban, seeking support for its pipeline until at least December 1997. [Coll, 2004, pp. 301-13, 329, 338, 364-66]

Entity Tags: Ahmed Shah Massoud, Unocal, Taliban, Turkmenistan, Pakistan, Afghanistan, Henry A. Kissinger

Timeline Tags: Complete 911 Timeline

Prior to this year, US intelligence has been uncertain whether Khalid Shaikh Mohammed (KSM) is connected to al-Qaeda. But this changes when a foreign government shares information that bin Laden and KSM had traveled together to a foreign country the previous year. [US Congress, 7/24/2003] The country may have been Brazil, since it has been reported that KSM and bin Laden traveled to Brazil together in 1995 (see December 1995).

Entity Tags: US intelligence, Osama bin Laden, Khalid Shaikh Mohammed, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Future 9/11 Commission Executive Director Philip Zelikow is not offered a job in the Bush administration, and returns to the Miller Center of Public Affairs at the University of Virginia to teach. Zelikow had worked on the transition team (see January 3, 2001), and thought he would receive an important position in the new administration. He told his friends he thought he was in line for the position of deputy national security adviser to Condoleezza Rice, with whom he had written a book in the mid-1990s (see 1995). Most people in the Bush administration admire his ability, but find him hard to work with. White House Chief of Staff Andrew Card will even describe Zelikow as a “bully” historian. Author Philip Shenon will later comment that Zelikow is “perplexed that his talents had not been recognized by the people who handed out the best jobs in the Bush administration.” After returning to university, Zelikow will lobby the White House to make the university where he works the official repository of its oral history. His point of contact at the White House is political adviser Karl Rove. [Shenon, 2008, pp. 42-44]

Entity Tags: Andrew Card, Karl C. Rove, 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

Counterterrorism “tsar” Richard Clarke submits a comprehensive plan to deal with al-Qaeda within days of President Bush’s inauguration (see January 25, 2001). He wants to meet with Bush directly to discuss it with him, but he is unable to do so before 9/11. Clarke will later recall, “I asked for a meeting with the president several times beginning, in fact, before [National Security Adviser] Rice even took office in the transition briefing. I said I have given this briefing to the vice president, I’ve given it to the secretary of state, I’ve given it now to you, I would like to give it to the president. And what I was told was I could brief the president on terrorism after the policy development process had been completed.” He does have one meeting with Bush before 9/11, but only to discuss cyber security because Clarke is planning to quit his current job to focus on that issue instead (see June 2001). When asked why he didn’t bring up al-Qaeda at that meeting, Clarke will reply, “Because I had been told by Dr. Rice and her deputy that this was a briefing on countering the cyber threats and not on al-Qaeda and that I would have my opportunity on al-Qaeda if I just held on, eventually they would get to it, probably in September.” [ABC News, 4/8/2004] The Bush administration had downgraded Clarke’s position in early January 2001 and he was no longer able to send memos directly to the president as he could during the Clinton administration (see January 3, 2001).

Entity Tags: Richard A. Clarke, George W. Bush, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Thomas White.Thomas White. [Source: US Department of Defense]Secretary of Defense Donald Rumsfeld hosts a breakfast meeting in his private dining room at the Pentagon. [Associated Press, 9/12/2001; US Department of Defense, 12/5/2001; 9/11 Commission, 3/23/2004] The meeting, which is attended by several members of Congress, is intended to discuss the Department of Defense’s Quadrennial Defense Review. As well as the secretary of defense, others in attendance include Rumsfeld’s senior military assistant, Navy Vice Admiral Edmund Giambastiani Jr.; Deputy Defense Secretary Paul Wolfowitz; Pete Geren, a special assistant to Rumsfeld; and Representatives John Mica (R-FL), Mark Steven Kirk (R-IL), Mac Thornberry (R-TX), Roger Wicker (R-MS), Robin Hayes (R-NC), Doug Bereuter (R-NE), John Hostettler (R-IN), Kay Granger (R-TX), John Shimkus (R-IL), Randy “Duke” Cunningham (R-CA), and Christopher Cox (R-CA). [Powell Moore, 9/10/2001 pdf file; Fort Worth Star-Telegram, 9/14/2001; Federal Computer Week, 3/31/2003; Vanity Fair, 5/9/2003; Powell Moore, 9/19/2003 pdf file; US Department of Defense, 9/10/2004; American Forces Press Service, 9/8/2006] Secretary of the Army Thomas White, who is at the meeting, appears to say it is also attended by numerous key military figures, later telling PBS: “Don Rumsfeld had a breakfast, and virtually every one of the senior officials of the Department of Defense—service chiefs, secretary, deputy, everybody, chairman of the Joint Chiefs of Staff. And as that breakfast was breaking up, the first plane had hit the World Trade tower.” [PBS Frontline, 10/26/2004; PBS, 10/26/2004] By “chairman of the Joint Chiefs of Staff,” White presumably means Richard Myers, who is the acting chairman on this day, in place of Henry Shelton who is out of the country (see 7:15 a.m. September 11, 2001). [American Forces Press Service, 9/8/2006] During the course of the meeting Rumsfeld predicts that some kind of “shocking” world event will occur in the near future (see (Before 8:46 a.m.) September 11, 2001). Most accounts suggest the meeting is adjourned soon after the time the first World Trade Center tower is hit, presumably around 8:50 a.m., though one report says it ends at about 9:00 a.m. Just prior to the meeting ending, Rumsfeld is handed a note informing him of the crash (see Shortly After 8:46 a.m. September 11, 2001). Giambastiani also sees this note. Whether the other people in attendance are notified of the crash at this time is unknown. [US Department of Defense, 12/5/2001; US Department of Defense, 8/12/2002; PBS, 10/26/2004; American Forces Press Service, 9/8/2006] White will later recall, “We all went on with the day’s business,” after leaving the meeting. White heads off to give a speech at the nearby Army Navy Country Club. [PBS Frontline, 10/26/2004] Rumsfeld, Wolfowitz, and Giambastiani return to their offices. [Vanity Fair, 5/9/2003; American Forces Press Service, 9/8/2006] The members of Congress leave the building. [Washington Post, 1/9/2002] If Myers is at the meeting, as White appears to say, he must head promptly to Capitol Hill, as he enters another meeting in the offices of Senator Max Cleland (D-GA) before the time when the second WTC tower is hit (see Shortly Before 9:00 a.m. September 11, 2001). [Armed Forces Radio And Television Service, 10/17/2001; American Forces Press Service, 10/23/2001]

Entity Tags: Richard B. Myers, Christopher Cox, Doug Bereuter, Kay Granger, Donald Rumsfeld, John Hostettler, Edmund Giambastiani, Mac Thornberry, Pete Geren, Paul Wolfowitz, Thomas E. White, Roger Wicker, Mark Steven Kirk, Robin Hayes, Randall (“Duke”) Cunningham, John Shimkus, John Mica

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Secretary of State Colin Powell leaves his Lima, Peru hotel after hearing news of the attacks.Secretary of State Colin Powell leaves his Lima, Peru hotel after hearing news of the attacks. [Source: Agence France-Presse]Just prior to learning about the 9/11 attacks, top US leaders are scattered across the country and overseas:
bullet President Bush is in Sarasota, Florida. [Washington Post, 1/27/2002]
bullet Secretary of State Colin Powell is in Lima, Peru. [Washington Post, 1/27/2002]
bullet General Henry Shelton, chairman of the Joint Chiefs of Staff, is flying across the Atlantic on the way to Europe. [Washington Post, 1/27/2002; Giesemann, 2008, pp. 19-40]
bullet Attorney General John Ashcroft is flying to Milwaukee, Wisconsin. [Washington Post, 1/27/2002]
bullet Federal Emergency Management Agency Director Joe Allbaugh is at a conference in Montana. [ABC News, 9/14/2002] Others are in Washington:
bullet Vice President Dick Cheney and National Security Adviser Condoleezza Rice are at their offices in the White House. [Washington Post, 1/27/2002]
bullet Defense Secretary Donald Rumsfeld is at his office in the Pentagon, meeting with a delegation from Capitol Hill. [Washington Post, 1/27/2002]
bullet CIA Director George Tenet is at breakfast with his old friend and mentor, former Senator David Boren (D-OK), at the St. Regis Hotel, three blocks from the White House. [Washington Post, 1/27/2002]
bullet FBI Director Robert Mueller is in his office at FBI headquarters on Pennsylvania Avenue, Washington, DC. [Washington Post, 1/27/2002]
bullet Transportation Secretary Norman Mineta is at his office at the Department of Transportation. [US Congress, 9/20/2001]
bullet Counterterrorism “tsar” Richard Clarke is at a conference in the Ronald Reagan Building, three blocks from the White House. [Clarke, 2004, pp. 1]

Entity Tags: John Ashcroft, Joseph M. Allbaugh, Richard A. Clarke, Henry Hugh Shelton, Norman Mineta, George W. Bush, Donald Rumsfeld, Richard (“Dick”) Cheney, Colin Powell, Condoleezza Rice, David Boren, George J. Tenet, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Larry Di Rita.Larry Di Rita. [Source: US Department of Defense]Larry Di Rita, a special assistant to Defense Secretary Donald Rumsfeld, has sent a note to Rumsfeld to inform him of the first plane hitting the World Trade Center. Although some initial reports suggest the WTC may have been hit by just a small plane, according to Victoria Clarke, the assistant secretary of defense for public affairs, “Even in the accidental crash scenario, the military might be involved in some way. Rumsfeld needed to know.” Rumsfeld, who is currently hosting a breakfast meeting with several members of Congress (see (8:00 a.m.-8:50 a.m.) September 11, 2001), later acknowledges having received this note. Yet apparently he does nothing in response. He recalls, “Everyone assumed it was an accident, the way it was described.” He says only that “we adjourned the meeting, and I went in to get my CIA briefing.” [US Department of Defense, 12/5/2001; 9/11 Commission, 3/23/2004; Clarke, 2006, pp. 217-218; Vogel, 2007, pp. 428]

Entity Tags: Larry Di Rita, Victoria (“Torie”) Clarke, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CIA Director George Tenet has just learned of the first attack on the WTC while having breakfast with former Senator David Boren (D-OK) at the St. Regis Hotel in Washington, DC. He later says, “It was obvious to us both that I had to leave immediately.” Along with Tim Ward, the head of his security detail, he gets into his car and, with lights flashing, hurries back to the CIA headquarters in Langley. Tenet later recalls that in these first minutes after the attack, “All the random dots we had been looking at started to fit into a pattern.… [M]y head was exploding with connections. I immediately thought about the ‘Bojinka’ plot to blow up twelve US airliners over the Pacific and a subsequent plan to fly a small airplane into CIA headquarters, which was broken up in 1994.” During his journey, he calls John Moseman, his chief of staff, and instructs him to assemble the senior CIA staff and key people from the Counterterrorist Center in the conference room next to his office. However, Tenet claims, it is difficult for him to get calls through on the secure phone, meaning he is “Essentially… in a communications blackout between the St. Regis and Langley, the longest twelve minutes of my life.” He only learns that a second plane hit the World Trade Center when he arrives at CIA headquarters. Tenet enters the conference room at around 9:15 a.m. By that time, he says, “I don’t think there was a person in the room who had the least doubt that we were in the middle of a full-scale assault orchestrated by al-Qaeda.” [Tenet, 2007, pp. 161-163]

Entity Tags: George J. Tenet, Central Intelligence Agency

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

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

Entity Tags: World Trade Center, Marwan Alshehhi, Fayez Ahmed Banihammad, Hamza Alghamdi, National Institute of Standards and Technology, Ahmed Alghamdi, Mohand Alshehri

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

NEADS commander Robert Marr.NEADS commander Robert Marr. [Source: Dick Blume]Numerous reports incorrectly claiming that aircraft have been hijacked are received while the terrorist attacks are taking place and into the afternoon. [Code One Magazine, 1/2002; Newhouse News Service, 3/31/2005; Politico Magazine, 9/9/2016] There are “multiple erroneous reports of hijacked aircraft” during the morning, according to the 9/11 Commission Report. [9/11 Commission, 7/24/2004, pp. 28] At around 9:09 a.m., the FAA Command Center reports that 11 aircraft are either not communicating with FAA facilities or flying unexpected routes. [Aviation Week and Space Technology, 6/3/2002] Major General Larry Arnold, the commander of the Continental United States NORAD Region, will later claim that during the “four-hour ordeal” of the attacks, a total of 21 planes are identified as possible hijackings. [Filson, 2002; Code One Magazine, 1/2002; Filson, 2003, pp. 71] Colonel Robert Marr, the battle commander at NORAD’s Northeast Air Defense Sector (NEADS), will say, “At one time I was told that across the nation there were some 29 different reports of hijackings.” [Newhouse News Service, 3/31/2005] Secret Service agent Dave Wilkinson, who travels with President Bush on Air Force One after it leaves Sarasota, Florida (see 9:54 a.m. September 11, 2001), will recall that by the time the plane reaches Offutt Air Force Base in Nebraska, at 2:50 p.m. (see 2:50 p.m. September 11, 2001), “there were like 15 to 20 planes still unaccounted for” nationwide. “For everything we knew, they were all hijacked,” he will say. [Politico Magazine, 9/9/2016] Officials will claim that these false reports cause considerable confusion. Arnold will recall that particularly during the time between the Pentagon being hit at, 9:37 a.m., and Flight 93 going down, at around 10:03 a.m., “a number of aircraft are being called possibly hijacked.… There was a lot of confusion, as you can imagine.” [Filson, 2003, pp. 71-73] He will say: “We were receiving many reports of hijacked aircraft. When we received those calls, we might not know from where the aircraft had departed. We also didn’t know the location of the airplane.” [Code One Magazine, 1/2002] Marr will comment: “There were a number of false reports out there. What was valid? What was a guess? We just didn’t know.” [Filson, 2003, pp. 73] Assistant Secretary of Defense for Public Affairs Victoria Clarke, who is in the Pentagon during the attacks and for most of the rest of the day, will recall: “There were lots of false signals out there. There were false hijack squawks, and a great part of the challenge was sorting through what was a legitimate threat and what wasn’t.” [CNN, 6/17/2004; Clarke, 2006, pp. 215-231]

Entity Tags: Federal Aviation Administration, Robert Marr, Dave Wilkinson, Victoria (“Torie”) Clarke, Larry Arnold

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

Timothy Flanigan.Timothy Flanigan. [Source: C-SPAN]Timothy Flanigan, the deputy White House counsel, talks on the phone with Deputy Attorney General Larry Thompson and is told what the Justice Department currently knows about the crashes at the World Trade Center, but he is surprised to hear that the FBI is treating them as crimes, rather than acts of war. Deputy National Security Adviser Stephen Hadley has just come into the White House Situation Room (see (9:15 a.m.) September 11, 2001). Wanting to learn more about the crashes in New York, he instructs Flanigan to contact the Justice Department and find out what it knows. “We need everything they’ve got,” he says. Flanigan picks up a phone and calls the Justice Department’s command center. His call is answered by a retired FBI agent who helps run the center. Flanigan introduces himself and says, “I need to speak to the deputy attorney general right away.” (Attorney General John Ashcroft is currently away from Washington, DC (see Shortly After 9:03 a.m. September 11, 2001), and so Thompson, his deputy, is filling in for him.) Flanigan’s call is forwarded to the Strategic Information and Operations Center (SIOC) at FBI headquarters. [C-SPAN, 2/28/2009; Eichenwald, 2012, pp. 23-25] Thompson was in the Justice Department’s command center earlier on, but left there in response to the attacks on the WTC. [Washingtonian, 6/8/2011] He has just entered the SIOC and is told that someone in the Situation Room wants to talk to him. He picks up a phone and hears Flanigan’s voice. “Larry, it’s Tim,” Flanigan says, adding: “I need information. People are starving for it here. Tell me whatever you have.” Thompson tells Flanigan to hold on while he finds out. He turns to FBI Director Robert Mueller, who has been monitoring the information about the attacks that is being gathered by FBI agents in New York, and says, “The White House wants an update on what we’ve got.” Mueller tells him everything is in motion and criminal investigators are already at the attack site. Thompson then gets back on the phone with Flanigan and says, “The FBI is on the scene and they’re treating it as a crime scene.” As he glances at the coverage from New York on television, however, Flanigan is surprised that the FBI is treating the crashes as crimes, rather than acts of war. “We have no information about possible perpetrators and no info about casualties at this point,” Thompson adds. Flanigan thanks him for the information and ends the call. He then turns to Hadley. He is about to tell the deputy national security adviser that the FBI is treating the WTC as a crime scene but then stops himself. “That was my moment of realization that this was not a crime scene,” he will later recall. He therefore simply tells Hadley, “The FBI’s there and we’ll be getting reports from the scene.” [C-SPAN, 2/28/2009; Eichenwald, 2012, pp. 24-25]

Entity Tags: Larry D. Thompson, Robert S. Mueller III, Federal Bureau of Investigation, Timothy E. Flanigan, Stephen J. Hadley, US Department of Justice

Timeline Tags: Complete 911 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 his own account, during a video conference with top officials that he is directing, counterterrorism “tsar” Richard Clarke asks acting Joint Chiefs of Staff Chairman Richard Myers, “I assume NORAD has scrambled fighters and AWACS. How many? Where?” Myers, who is at the Pentagon, replies, “Not a pretty picture, Dick. We are in the middle of Vigilant Warrior, a NORAD exercise, but… Otis has launched two birds toward New York. Langley is trying to get two up now [toward Washington]. The AWACS are at Tinker and not on alert.” Vigilant Warrior may be a mistaken reference to either the on-going war game Vigilant Guardian, or perhaps another exercise called Amalgam Warrior (see 9:28 a.m. September 11, 2001). Otis Air National Guard Base is in Massachusetts, 188 miles east of New York City; Langley is in Virginia, 129 miles south of Washington; Tinker Air Force Base is in Oklahoma. Clarke asks, “Okay, how long to CAP [combat air patrol] over DC?” Myers replies, “Fast as we can. Fifteen minutes?” [Clarke, 2004, pp. 5] The first fighters don’t reach Washington until perhaps more than 30 minutes later (see (Between 9:49 a.m. and 11:00 a.m.) September 11, 2001). However, this account—or at least the time Clarke alleges the conversation occurs—is contradicted by Myers himself and Senator Max Cleland (D-GA). Myers claims he has been at a meeting on Capitol Hill with Cleland since about 9:00 a.m., and does not arrive back at the Pentagon until after it is hit, which is at 9:37 a.m. [American Forces Press Service, 10/23/2001; MSNBC, 9/11/2002; CNN, 4/15/2003; American Forces Press Service, 9/8/2006] Cleland confirms the existence of this meeting, and claims that Myers is with him until around the time of the Pentagon attack. [CNN, 11/20/2001; Atlanta Journal-Constitution, 6/16/2003] (There are, though, some inconsistencies in Myers and Cleland’s accounts of this period—see (Shortly After 9:03 a.m.) September 11, 2001).

Entity Tags: Vigilant Warrior, Vigilant Guardian, Otis Air National Guard Base, Richard B. Myers, North American Aerospace Defense Command, Richard A. Clarke, Amalgam Warrior, Max Cleland

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Secretary of Defense Donald Rumsfeld and Denny Watson, his CIA briefer, see a helicopter flying very close to the Pentagon, just outside the window of Rumsfeld’s office, shortly before the Pentagon is attacked. [Priess, 2016, pp. 244-245] Watson has been giving Rumsfeld his daily intelligence briefing in his office at the Pentagon and they are both aware of the crashes at the World Trade Center (see (Shortly After 9:03 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 37; Rumsfeld, 2011, pp. 335] Rumsfeld is skimming through a copy of the President’s Daily Brief when the sound of a helicopter outside causes him to stop what he is doing. The helicopter, which is blue and white, is “hovering so close to the window that I could see what one of the men in it looked like,” Watson will later recall. He has “dark hair, a beard and a mustache, and reflector sunglasses.” Rumsfeld and Watson talk about how easy it would be for the pilot to turn the helicopter and crash into Rumsfeld’s office. Finally, the helicopter pulls away from the Pentagon. As it does, Rumsfeld and Watson feel the building shake due to it being attacked (see 9:37 a.m. September 11, 2001). [Priess, 2016, pp. 244-245] A number of other people will recall seeing a helicopter flying close to the Pentagon around this time (see (9:35 a.m.-9:36 a.m.) September 11, 2001). [CNN, 9/11/2001; Washington Post, 9/5/2002] One of them, Jeffrey Mark Parsons, will describe the helicopter he sees as being blue and white, so it is presumably the helicopter that Rumsfeld and Watson see. The helicopter belongs to the US Park Police and its pilot has been directed to try and intercept a plane, presumably Flight 77, that was approaching the Pentagon, according to US Navy historian John Darrell Sherwood (see Shortly Before 9:35 a.m. September 11, 2001). [US Naval Historical Center, 12/13/2001]

Entity Tags: Donald Rumsfeld, Denny Watson, United States Park Police

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

According to his own account, acting Chairman of the Joint Chiefs of Staff Richard Myers was in a meeting on Capitol Hill with Senator Max Cleland (D-GA) since just before 9:00 a.m. (see Shortly Before 9:00 a.m. September 11, 2001). [MSNBC, 9/11/2002] It is unclear exactly when this meeting ended. But Myers says he first learns of the Pentagon attack (which occurs at 9:37) around the time he is leaving the building for the drive back to the Pentagon. In an early interview, he says he hears somebody say the Pentagon has been hit just after he comes out of his meeting with Cleland. [Armed Forces Radio And Television Service, 10/17/2001] In some accounts, he says he hears that the Pentagon has been hit just as he is leaving Capitol Hill. [MSNBC, 9/11/2002; 9/11 Commission, 6/17/2004 pdf file] In a meeting in 2006, he says, “my security guy got the call the Pentagon had been hit,” as he is making his way out of the building. [Council on Foreign Relations, 6/29/2006] Myers says that, as his car crosses the 14th Street Bridge across the Potomac River, he can see all the black smoke rising up out of the Pentagon. [MSNBC, 9/11/2002; 9/11 Commission, 7/24/2004, pp. 463; American Forces Press Service, 9/8/2006] Max Cleland later confirms that Myers meets with him on this morning, and is with him until the time of the Pentagon attack, or slightly before. [US Congress, 9/13/2001; CNN, 11/20/2001; Atlanta Journal-Constitution, 6/16/2003] However, counterterrorism “tsar” Richard Clarke gives a contradictory account. He claims that Myers is back at the Pentagon, speaking to him over a video conference, around ten minutes before the Pentagon is struck (see 9:28 a.m. September 11, 2001). [Clarke, 2004, pp. 5]

Entity Tags: Richard B. Myers

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Rumsfeld show on a video broadcast on CNN helping carry a stretcher shortly after the Pentagon attack. He is in the center of the picture, wearing a dark jacket.Rumsfeld show on a video broadcast on CNN helping carry a stretcher shortly after the Pentagon attack. He is in the center of the picture, wearing a dark jacket. [Source: CNN]Within seconds of the Pentagon being hit, Defense Secretary Donald Rumsfeld rushed out of his office and headed toward the crash scene (see 9:38 a.m. September 11, 2001). According to Officer Aubrey Davis, who is currently accompanying Rumsfeld as his bodyguard, when they reach the site, “There were the flames, and bits of metal all around. The secretary picked up one of the pieces of metal. I was telling him he shouldn’t be interfering with a crime scene when he looked at some inscription on it and said, ‘American Airlines.’” According to Rumsfeld, a person who’d seen the attack on the Pentagon informs him a plane had flown into it. Rumsfeld later recalls: “I saw people on the grass, and we just, we tried to put them in stretchers and then move them out across the grass towards the road and lifted them over a jersey wall so the people on that side could stick them into the ambulances. I was out there for a while, and then people started gathering, and we were able to get other people to do that, to hold IVs for people. There were people lying on the grass with clothes blown off and burns all over them.” [Parade Magazine, 10/12/2001; Cockburn, 2007, pp. 1-2] Versions of this story will appear elsewhere. [Star-Tribune (Minneapolis), 9/12/2001; US Department of Defense, 12/5/2001; ABC News, 9/11/2002; Vanity Fair, 5/9/2003] Video footage confirms that Rumsfeld helps carry a stretcher at the crash scene. [CNN, 8/17/2002] One report will even describe him pulling budget analyst Paul Gonzales to safety from the burning wreckage. [Daily Telegraph, 9/16/2001] However, Gonzales later offers his own detailed recollections of pulling other people to safety, which fail to involve Rumsfeld in any way. [Washington Post, 3/11/2002] Assistant Secretary of Defense for Public Affairs Victoria Clarke will say Rumsfeld is gone from the building for “about half an hour.” [WBZ Radio 1030 (Boston), 9/15/2001] A Pentagon spokesperson has Rumsfeld helping at the crash site for “15 minutes or so.” [Reuters, 9/11/2001] Another account will claim he loads the wounded onto stretchers for 15 minutes. [Scripps Howard News Service, 9/11/2001] However, considering the time it would have taken to walk to the crash site—each side of the enormous Pentagon is the length of three football fields—journalist Andrew Cockburn later concludes that Rumsfeld could only have been at the crash scene for a brief period. [Cockburn, 2007, pp. 3] Rumsfeld reportedly heads back into the Pentagon at the urging of a security agent, though in an interview soon after 9/11 he will claim the decision to go back inside was his own, saying, “I decided I should be in [the building] figuring out what to do, because your brain begins to connect things, and there were enough people there to worry about that.” [Parade Magazine, 10/12/2001; Washington Post, 1/27/2002] He tells the 9/11 Commission, “I was back in the Pentagon with a crisis action team shortly before or after 10:00 a.m.” (see (10:00 a.m.-10:30 a.m.) September 11, 2001). [9/11 Commission, 3/23/2004] While Rumsfeld is at the crash scene, others are frantically trying to get in touch with him but are unable to do so (see (9:38 a.m.-10:00 a.m.) September 11, 2001).

Entity Tags: Pentagon, Victoria (“Torie”) Clarke, Aubrey Davis, Paul Gonzales, Donald Rumsfeld

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

National Security Adviser Condoleezza Rice is escorted toward the Presidential Emergency Operations Center (PEOC), the bunker below the White House, by Carl Truscott, the Secret Service special agent in charge of the presidential protective division. [United States Secret Service, 10/1/2001; White House, 11/1/2001; Felix, 2002, pp. 227] Rice was in the White House Situation Room when the Pentagon was hit at 9:37 a.m., according to her own later recollections, and had subsequently looked up and seen the television footage of the burning building. [White House, 11/1/2001; Bumiller, 2007, pp. xiii]
Rice Told She Must Go to the PEOC - “[T]he picture had just come up on television of the plane lodged in the side of the Pentagon,” Rice will recall. “And no one had told me. I literally turned and looked at the picture and saw it.” She will say: “And then there were incoming reports that there had been a car bomb at the State Department, that there was a large fire on the Mall near the Washington Monument, and [I was] just trying to sort through the information when a Secret Service agent [i.e. Truscott] came and said: ‘You have to go to the bunker. The vice president is already there. There may be planes heading for the White House.’” [MSNBC, 9/11/2002] Rice will say Truscott is “quite firm” when he talks to her. [White House, 8/7/2002]
Secret Service Agent Is Heading to the PEOC from Nearby Building - Truscott has just come from his office in the Eisenhower Executive Office Building, next to the White House, where he was meeting with other Secret Service agents to discuss security matters. One issue the agents discussed was providing protection for Rice (see (9:18 a.m.) September 11, 2001). During the meeting, Truscott learned that a suspicious aircraft was flying toward Washington, DC (see (Shortly After 9:35 a.m.) September 11, 2001), and instructed a “security representative” to evacuate the White House. He then left his office and headed toward the PEOC, meeting Rice on his way there. [United States Secret Service, 10/1/2001]
Rice Is 'Pushed Along' toward the PEOC - Rice briefly talks on the phone with President Bush and warns him not to return to Washington before she leaves the Situation Room (see (9:45 a.m.) September 11, 2001). [Felix, 2002, pp. 227; White House, 8/2/2002; White House, 8/6/2002] She is then escorted down toward the PEOC. [White House, 11/1/2001] She will recall being “pushed along” the corridors by Truscott as she heads there. [White House, 8/2/2002] Truscott and Rice will encounter Vice President Dick Cheney and his wife, Lynne Cheney, in the underground tunnel leading to the PEOC, and then enter the PEOC shortly before 10:00 a.m. (see (Shortly Before 9:59 a.m.) September 11, 2001). [United States Secret Service, 10/1/2001; Bumiller, 2007, pp. xiii] White House counterterrorism chief Richard Clarke will contradict Rice’s account, however, indicating that Rice headed to the PEOC significantly earlier, roughly around 9:15 a.m. (see (9:15 a.m.) September 11, 2001). [Clarke, 2004, pp. 3-4]

Entity Tags: Condoleezza Rice, George W. Bush, Carl Truscott

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Defense Secretary Donald Rumsfeld’s office, and acting Joint Chiefs of Staff Chairman Richard Myers’ office, report to the NMCC teleconference that they are still trying to track down Rumsfeld and Myers, respectively, and bring them into the conference. [9/11 Commission, 6/17/2004] Rumsfeld is apparently outside the Pentagon looking at the Flight 77 crash site (see Between 9:38 a.m. and 10:00 a.m. September 11, 2001), though counterterrorism “tsar” Richard Clarke suggests Rumsfeld is elsewhere in the Pentagon for much of the time (see (Between 9:38 a.m. and 9:45 a.m.) September 11, 2001). Myers’ whereabouts in the period after the Pentagon crash have not been fully explained (see (Between 9:55 a.m. and 10:25 a.m.) September 11, 2001). Rumsfeld and Myers do not enter the NMCC until about 10:30 a.m. (see (10:30 a.m.) September 11, 2001).

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

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

General Henry Shelton, the chairman of the Joint Chiefs of Staff, talks over the phone with General Richard Myers, the vice chairman of the Joint Chiefs of Staff, who is at the Pentagon, and is given information about the Pentagon attack and the military’s response to the terrorist attacks. Shelton took off at 7:15 a.m. to fly to Europe for a NATO conference (see 7:15 a.m. September 11, 2001). He learned of the attacks in New York while his plane was over the Atlantic Ocean, and has just been told of a “big explosion at the Pentagon” (see (8:50 a.m.-10:00 a.m.) September 11, 2001).
First Report Is of a Hand Grenade Going Off at Pentagon - Shelton heads to the communications console just behind the plane’s cockpit. From there, he talks over a secure, encrypted phone line with Myers, who is in the National Military Command Center (NMCC) at the Pentagon. Myers updates Shelton on what is known about the explosion at the Pentagon. He says the first report is that a hand grenade went off in the Pentagon parking lot.
Myers Updates Shelton on Military Response to Attacks - Myers then gives Shelton a complete status report. He says: “We’ve transitioned the SIEC [significant event conference] into an air threat conference call, which is in progress as we speak (see 9:29 a.m.-9:34 a.m. September 11, 2001 and 9:37 a.m.-9:39 a.m. September 11, 2001). FAA has requested that NORAD take over control of US airspace. Fighters have scrambled to escort Air Force One (see (After 9:56 a.m.) September 11, 2001) and we’re sending AWACS up to provide further monitoring (see Before 9:55 a.m. September 11, 2001). We’ve escalated to Threatcon Delta and are about to launch the NAOC [National Airborne Operations Center plane]. Bases around the world are locked tight, [Deputy Secretary of Defense Paul] Wolfowitz has been relocated to Site R (see (11:00 a.m.) September 11, 2001), plus, [Deputy National Security Adviser Stephen] Hadley has requested we implement full ‘Continuity of Government measures’ (see 9:59 a.m. September 11, 2001), and we are proceeding along those lines.”
Myers Says Plane Hit the Pentagon - Myers is then interrupted by some commotion in the background. When he returns to the line, he tells Shelton, “Okay, we just got the word: the prior report was incorrect; it was not a hand grenade that exploded, it was another commercial airline that struck the Pentagon.” He then continues with his status report, saying, “[P]er the president, we’ve gone weapons free in the event of a hijacked aircraft or one that threatens the White House.” [Giesemann, 2008, pp. 20, 22-24; Shelton, Levinson, and McConnell, 2010, pp. 430-433]
Shelton Wants to Return to Washington - Myers will tell the 9/11 Commission that after he arrives at the NMCC—presumably referring to the time of this phone call—he “recommended General Shelton return to Washington, DC.” [9/11 Commission, 6/17/2004 pdf file] But Shelton will recall that he tells Myers, “I need you to call Ed Eberhart [General Ralph Eberhart, the commander of NORAD] at NORAD and let him know that we’re coming back [to Washington] on Speckled Trout [the nickname of the plane he is on], and tell him that I would consider it a personal favor if he would see to it that the chairman and his crew are not shot down on their way back to Andrews.” Myers confirms, “Will do.” According to Shelton, his plane is called back 10 minutes later “with confirmation that we had been officially cleared to fly through the shutdown airspace.” [Shelton, Levinson, and McConnell, 2010, pp. 433] But according to Captain Rob Pedersen, the flight navigator on Shelton’s plane, it is several hours before the plane is cleared to enter the US airspace (see (After 9:45 a.m.) September 11, 2001). [Air Force Magazine, 9/2011 pdf file] The plane will therefore only land at Andrews Air Force Base, near Washington, at 4:40 p.m. (see 4:40 p.m. September 11, 2001) and Shelton will only arrive at the NMCC an hour after that (see 5:40 p.m. September 11, 2001). [Federal Aviation Administration, 9/11/2001 pdf file; Myers, 2009, pp. 159] The exact time of the call between Shelton and Myers is unclear, though it would be at some time after about 10:00 a.m., when Myers arrives at the NMCC (see (Between 9:55 a.m. and 10:25 a.m.) September 11, 2001). [9/11 Commission, 2/17/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 38]

Entity Tags: Rob Pedersen, Henry Hugh Shelton, Richard B. Myers

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

US military installations are placed on the highest state of alert, known as Force Protection Condition Delta (FPCON Delta), in response to the terrorist attacks in New York and at the Pentagon. The raised threat level applies to every US military installation across the country and around the world, and every member of the US armed forces. [Associated Press, 9/11/2001; US Department of Defense, 9/11/2001; New York Times, 9/12/2001] Measures that are taken once FPCON Delta has been declared include placing more guards on duty at installations, having all vehicles on installations identified, and having all personnel positively identified. Additionally, all suitcases, briefcases, and packages brought into an installation must be searched. [Slate, 9/12/2001]
Rumsfeld and Myers Decide to Raise FPCON - The decision to raise the force protection condition is apparently made by Secretary of Defense Donald Rumsfeld and/or acting Chairman of the Joint Chiefs of Staff Richard Myers. Rumsfeld will tell the 9/11 Commission that after he arrives at the Pentagon’s National Military Command Center (NMCC) (see (10:30 a.m.) September 11, 2001), he and Myers “discussed, and I recommended… increasing the force protection level.” [9/11 Commission, 3/23/2004] Myers will later write that after he arrives at the NMCC (see (Between 9:55 a.m. and 10:25 a.m.) September 11, 2001), he “recommended that all American military commands and units worldwide go to [FPCON] Delta.” He will add: “Terrorists had staged major attacks in New York and Washington. Although we did not yet have reliable intelligence on when and where they would strike next, it seemed likely that they would.” [Myers, 2009, pp. 153] But White House counterterrorism chief Richard Clarke will write that he gave the instruction to raise the force protection condition, at around 9:30 a.m. (see (9:29 a.m.) September 11, 2001). [Clarke, 2004, pp. 5-6]
Conflicting Times Given for Raising of FPCON - The exact time at which the force protection condition is raised is unclear. CNN’s Barbara Starr will report that “all US military forces [are] ordered to Condition Delta” at 10:10 a.m. [CNN, 9/4/2002] However, other evidence indicates the force protection condition is raised at a later time, around 10:35 a.m. Rumsfeld only enters the NMCC at about 10:30 a.m., indicating it is raised after that time. [9/11 Commission, 7/24/2004, pp. 43-44] And at 10:38 a.m., after Vice President Dick Cheney asks him on the air threat conference call if US forces are on “heightened alert,” Rumsfeld will reply, “Yes,” and say they are at FPCON Delta. [US Department of Defense, 9/11/2001 pdf file]
Some Areas Already at FPCON Delta - Although the entire US military is now under the same FPCON level, usually, different locations can have different FPCON levels. [Slate, 9/12/2001] US forces in some parts of the world, particularly the Middle East and the Persian Gulf region, are in fact already at FPCON Delta. [New York Times, 9/12/2001] (The force protection condition was raised in those areas in late June, after intelligence reports suggested that terrorists might attack American military or civilian targets in the region (see June 21, 2001). [Los Angeles Times, 6/23/2001; National Public Radio, 5/23/2002; 9/11 Commission, 7/24/2004, pp. 257] ) Shortly after the force protection condition is raised, Rumsfeld will order that the defense readiness condition also be raised (see (10:43 a.m.-10:52 a.m.) September 11, 2001). [US Department of Defense, 9/11/2001 pdf file; 9/11 Commission, 7/24/2004, pp. 326, 554]
Five Possible Force Protection Conditions - The force protection condition is a “chairman of the Joint Chiefs of Staff-approved standard for identification of, and recommended responses to, terrorist threats against US personnel and facilities,” according to the Department of Defense. [US Department of Defense, 11/8/2011 pdf file] It was created in June 2001 and replaced the “terrorist threat condition,” or “Threatcon.” [Los Angeles Times, 1/22/2002] There are five possible force protection conditions. The lowest, FPCON Normal, means no threat of terrorist activity is present. The other conditions are Alpha, Bravo, Charlie, up to the highest, FPCON Delta, which means a terrorist attack has occurred or intelligence has been received indicating that action against a specific location is likely. [Associated Press, 9/11/2001; Slate, 9/12/2001]

Entity Tags: Richard A. Clarke, Donald Rumsfeld, Richard B. Myers, US Department of Defense

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Defense Secretary Donald Rumsfeld, missing for at least 30 minutes, finally enters the NMCC, where the military’s response to the 9/11 attacks is being coordinated. [CNN, 9/4/2002; 9/11 Commission, 6/17/2004] Rumsfeld later claims that he only started to gain a situational awareness of what was happening after arriving at the NMCC. [9/11 Commission, 6/17/2004] Rumsfeld was in his office only 200 feet away from the NMCC until the Pentagon crash at 9:37 a.m. (see 9:37 a.m. September 11, 2001). His activities during this period are unclear. He went outside to the Flight 77 crash site and then stayed somewhere else in the Pentagon until his arrival at the NMCC. Brigadier General Montague Winfield later says, “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] Winfield himself apparently only shows up at the NMCC around 10:30 a.m. as well.

Entity Tags: Donald Rumsfeld, National Military Command Center, Montague Winfield

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

Counterterrorism “tsar” Richard Clarke, who is in the White House Situation Room, is informed that Vice President Dick Cheney wants him to come down to the Presidential Emergency Operations Center (PEOC), located below the East Wing of the White House. Clarke heads down and, after being admitted by Cheney’s security detail, enters the PEOC. In addition to the vice president and his wife Lynne Cheney, the PEOC contains National Security Adviser Condoleezza Rice, political adviser Mary Matalin, Cheney’s chief of staff I. Lewis “Scooter” Libby, deputy White House chief of staff Josh Bolten, and White House counselor Karen Hughes. Clarke can see the White House Situation on a screen. But Army Major Mike Fenzel, who is also in the PEOC, complains to him, “I can’t hear the crisis conference [that Clarke has been leading] because Mrs. Cheney keeps turning down the volume on you so she can hear CNN… and the vice president keeps hanging up the open line to you.” Clarke later describes that Lynne Cheney is, like her husband, “a right-wing ideologue,” and is offering her advice and opinions while in the PEOC. When Clarke asks the vice president if he needs anything, Cheney replies, “The [communications] in this place are terrible.” His calls to President Bush keep getting broken off. By the time Clarke heads back upstairs to the Situation Room, it is 12:30 p.m. [Clarke, 2004, pp. 17-19]

Entity Tags: Richard (“Dick”) Cheney, Richard A. Clarke, Mike Fenzel, Lynne Cheney, Condoleezza Rice, Joshua Bolten, Mary Matalin, Karen Hughes, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, 9/11 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

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper's, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]

Entity Tags: George J. Tenet, Central Intelligence Agency, Abd al-Rahim al-Nashiri, Hambali, Khalid Shaikh Mohammed, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Philip Zelikow, who will later be appointed director of the 9/11 Commission (see Shortly Before January 27, 2003), makes public comments supporting the forthcoming invasion of Iraq. Zelikow says that “we’re now beginning to understand that we can’t wait for these folks to deliver the weapons of mass destruction and see what they do with them before we act.” He adds, “We’re beginning to understand that we might not want to give people like Saddam Hussein advance warning that we’re going to strike.” Zelikow will later help draft a policy paper used as justification for the invasion (see September 20, 2002) and will attempt to link Iraq to 9/11 when appointed to head the commission’s staff (see July 9, 2003, January 2004 and January 2004). [Shenon, 2008, pp. 128-129, 429]

Entity Tags: Philip Zelikow

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

The Bush administration submits to Congress a 31-page document entitled “The National Security Strategy of the United States.”
Preemptive War - The National Security Strategy (NSS) openly advocates the necessity for the US to engage in “preemptive war” against nations it believes are likely to become a threat to the US’s security. It declares: “In an age where the enemies of civilization openly and actively seek the world’s most destructive technologies, the United States cannot remain idle. The United States will, if necessary, act preemptively.” The declaration that the US will engage in preemptive war with other nations reverses decades of American military and foreign policy stances; until now, the US has held that it would only launch an attack against another nation if it had been attacked first, or if American lives were in imminent danger. President Bush had first mentioned the new policy in a speech in June 2002 (see June 1, 2002), and it echoes policies proposed by Paul Wolfowitz during the George H. W. Bush administration (see March 8, 1992). [Shenon, 2008, pp. 128]
US Must Maintain Military 'Beyond Challenge' - The National Security Strategy states that the ultimate objective of US national security policy is to “dissuade future military competition.” The US must therefore “build and maintain our defenses beyond challenge. Our forces will be strong enough to dissuade potential adversaries from pursuing a military build-up in hopes of surpassing, or equaling, the power of the United States.” [London Times, 9/21/2002]
Ignoring the International Criminal Court - The NSS also states, “We will take the actions necessary to ensure that our efforts to meet our global security commitments and protect Americans are not impaired by the potential for investigations, inquiry, or prosecution by the International Criminal Court (ICC), whose jurisdiction does not extend to Americans and which we do not accept.” [US President, 9/2002]
Declaring War on Terrorism Itself - It states: “The enemy is not a single political regime or person or religion or ideology. The enemy is terrorism—premeditated, politically motivated violence perpetrated against innocents.” Journalism professor Mark Danner will later comment in the New York Times: “Not Islamic terrorism or Middle Eastern terrorism or even terrorism directed against the United States: terrorism itself. ‘Declaring war on “terror,”’ as one military strategist later remarked to me, ‘is like declaring war on air power.’” [New York Times Magazine, 9/11/2005]
Fundamental Reversal of Containment, Deterrence Principles - Washington Post reporter Tim Reich later describes the NSS as “revers[ing] the fundamental principles that have guided successive presidents for more than 50 years: containment and deterrence.” Foreign policy professor Andrew Bacevich will write that the NSS is a “fusion of breathtaking utopianism [and] barely disguised machtpolitik.” Bacevich continues, “It reads as if it were the product not of sober, ostensibly conservative Republicans but of an unlikely collaboration between Woodrow Wilson and the elder Field Marshal von Moltke.” [American Conservative, 3/24/2003]
Written by Future Executive Director of 9/11 Commission - The document is released under George W. Bush’s signature, but was written by Philip D. Zelikow, formerly a member of the previous Bush administration’s National Security Council, and currently a history professor at the University of Virginia and a member of the Foreign Intelligence Advisory Board. Zelikow produced the document at the behest of his longtime colleague National Security Adviser Condoleezza Rice (see June 1, 2002). His authorship of the document will not be revealed until well after he is appointed executive director of the 9/11 commission (see Mid-December 2002-March 2003). Many on the Commission will consider Zelikow’s authorship of the document a prima facie conflict of interest, and fear that Zelikow’s position on the Commission will be used to further the Bush administration’s doctrine of preemptive war (see March 21, 2004). [US Department of State, 8/5/2005; Shenon, 2008, pp. 128]

Entity Tags: Tim Reich, University of Virginia, National Security Council, Bush administration (43), Issuetsdeah, 9/11 Commission, Andrew Bacevich, Condoleezza Rice, George W. Bush, Philip Zelikow

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations, 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


Henry Kissinger.
Henry Kissinger. [Source: Public domain]President Bush names Henry Kissinger as Chairman of the 9/11 Commission. Congressional Democrats appoint George Mitchell, former Senate majority leader and peace envoy to Northern Ireland and the Middle East, as vice chairman. Their replacements and the other eight members of the commission are chosen by mid-December. Kissinger served as Secretary of State and National Security Adviser for Presidents Nixon and Ford. [New York Times, 11/29/2002] Kissinger’s ability to remain independent is met with skepticism. [Sydney Morning Herald, 11/29/2002; CNN, 11/30/2002; Pittsburgh Post-Gazette, 12/3/2002; Washington Post, 12/17/2002] He has a very controversial past. For instance, “Documents recently released by the CIA, strengthen previously-held suspicions that Kissinger was actively involved in the establishment of Operation Condor, a covert plan involving six Latin American countries including Chile, to assassinate thousands of political opponents.” He is also famous for an “obsession with secrecy.” [BBC, 4/26/2002] It is even difficult for Kissinger to travel outside the US. Investigative judges in Spain, France, Chile, and Argentina seek to question him in several legal actions related to his possible involvement in war crimes, particularly in Latin America, Vietnam, Cambodia (see March 1969), Laos (see 1969-1973), Bangladesh, Chile, and East Timor (see December 7, 1976). [Village Voice, 8/15/2001; BBC, 4/18/2002; Chicago Tribune, 12/1/2002] The New York Times suggests, “Indeed, it is tempting to wonder if the choice of Mr. Kissinger is not a clever maneuver by the White House to contain an investigation it long opposed.” [New York Times, 11/29/2002] The Chicago Tribune notes that “the president who appointed him originally opposed this whole undertaking.” Kissinger is “known more for keeping secrets from the American people than for telling the truth” and asking him “to deliver a critique that may ruin friends and associates is asking a great deal.” [Chicago Tribune, 12/5/2002]

Entity Tags: George Mitchell, 9/11 Commission, Henry A. Kissinger, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline


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

Richard Ben-Veniste.Richard Ben-Veniste. [Source: C-SPAN]The 10 members of the new 9/11 Commission are appointed by this date, and are: Republicans Thomas Kean (chairman), Slade Gorton, James Thompson, Fred Fielding, and John Lehman, and Democrats Lee Hamilton (vice chairman), Max Cleland, Tim Roemer, Richard Ben-Veniste, and Jamie Gorelick. [Chicago Tribune, 12/12/2002; Associated Press, 12/16/2002; New York Times, 12/17/2002] Senators Richard Shelby (R-AL) and John McCain (R-AZ) had a say in the choice of one of the Republican positions. They and many 9/11 victims’ relatives wanted former Senator Warren Rudman (R-NH), who co-wrote an acclaimed report about terrorism before 9/11 (see January 31, 2001). But, possibly under pressure from the White House, Senate Republican leader Trent Lott (R-MS) blocked Rudman’s appointment and chose John Lehman instead. [St. Petersburg Times, 12/12/2002; Associated Press, 12/13/2002; Reuters, 12/16/2002; Shenon, 2008, pp. 55-56] It will slowly emerge over the next several months that at least six of the 10 commissioners have ties to the airline industry. [CBS News, 3/5/2003] Henry Kissinger (see December 13, 2002) and his replacement Thomas Kean (see December 16, 2002) both caused controversy when they were named. In addition, the other nine members of the Commission are later shown to all have potential conflicts of interest. Republican commissioners:
bullet Fred Fielding also works for a law firm lobbying for Spirit Airlines and United Airlines. [Associated Press, 2/14/2003; CBS News, 3/5/2003]
bullet Slade Gorton has close ties to Boeing, which built all the planes destroyed on 9/11, and his law firm represents several major airlines, including Delta Air Lines. [Associated Press, 12/12/2002; CBS News, 3/5/2003]
bullet John Lehman, former secretary of the Navy, has large investments in Ball Corp., which has many US military contracts. [Associated Press, 3/27/2003]
bullet James Thompson, former Illinois governor, is the head of a law firm that lobbies for American Airlines and has previously represented United Airlines. [Associated Press, 1/31/2003; CBS News, 3/5/2003] Democratic commissioners:
bullet Richard Ben-Veniste represents Boeing and United Airlines. [CBS News, 3/5/2003] He also has other curious connections, according to a 2001 book on CIA ties to drug running written by Daniel Hopsicker, which has an entire chapter called “Who is Richard Ben-Veniste?” Lawyer Ben-Veniste, Hopsicker says, “has made a career of defending political crooks, specializing in cases that involve drugs and politics.” He has been referred to in print as a “Mob lawyer,” and was a long-time lawyer for Barry Seal, one of the most famous drug dealers in US history who is also alleged to have had CIA connections. [Hopsicker, 2001, pp. 325-30]
bullet Max Cleland, former US senator, has received $300,000 from the airline industry. [CBS News, 3/5/2003]
bullet James Gorelick is a director of United Technologies, one of the Pentagon’s biggest defense contractors and a supplier of engines to airline manufacturers. [Associated Press, 3/27/2003]
bullet Lee Hamilton sits on many advisory boards, including those to the CIA, the president’s Homeland Security Advisory Council, and the US Army. [Associated Press, 3/27/2003]
bullet Tim Roemer represents Boeing and Lockheed Martin. [CBS News, 3/5/2003]

Entity Tags: American Airlines, Fred F. Fielding, Jamie Gorelick, 9/11 Commission, James Thompson, John McCain, John Lehman, Trent Lott, Richard Shelby, Lee Hamilton, Richard Ben-Veniste, United Airlines, Warren Rudman, Slade Gorton, Tim Roemer, Max Cleland

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

After experiencing some problems at its inception due to the resignation of its chair and vice-chair (see December 11, 2002 and December 13, 2002), the 9/11 Commission spends much of the next four months hiring staff, getting security clearances (see March 27, 2003), finding office space, and asking for a budget increase (see March 26, 2003). One of the first employees hired is executive director Philip Zelikow, but disputes within the Commission over who will be general council last until March, when Dan Marcus is hired. The Commission is unable to even have a telephone until February, when it finds an official security facility for its offices, and until then the cell phone of staffer Stephanie Kaplan is used as the commission’s initial operations center. However, most of the Commission’s staff cannot then enter their offices, because they do not have the relevant security clearances yet, even though there are no secret documents actually in the offices at this point. Author Philip Shenon will comment: “The commission’s early logistical problems were more than a little humiliating to men like [commission Chairman Tom] Kean and [Vice Chairman Lee] Hamilton, who had commanded vast staffs and virtually unlimited office space during their years in power in government. Now they were at the mercy of others if they wanted second-hand office furniture for the commission’s cramped offices in Washington.” [Kean and Hamilton, 2006, pp. 34-45; Shenon, 2008, pp. 92]

Entity Tags: Daniel Marcus, 9/11 Commission, Stephanie Kaplan, Philip Zelikow, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vice President Dick Cheney unilaterally exempts his office from Executive Order 12958, which established government-wide procedures for safeguarding classified national security information. [White House, 4/17/1995; Congress Committee On Oversight And Government Reform, 6/21/2007] It was amended by President Bush’s Executive Order 13292 (see March 25, 2003) to require that all agencies or “any other entity within the executive branch that comes into the possession of classified information” regularly report on their activities to the Information Security Oversight Office. [White House, 3/25/2003]
Vice President Not Part of Executive Branch, Cheney Argues - Cheney’s argument is that the vice president’s office is not part of the executive branch, and therefore has no legal obligation to report on its classification decisions as mandated by the order. Cheney justifies his position by noting that the vice president has a role in both the executive and legislative branches—the vice president is also president of the Senate—and the vice president’s office is not an agency. In May 2006, Cheney spokeswoman Lea Anne McBride will say, “This has been thoroughly reviewed and it’s been determined that the reporting requirement does not apply to [the office of the vice president], which has both legislative and executive functions.” (McBride does not say who reviewed the claim.)
Criticism - Others, such as government secrecy expert Steven Aftergood of the Federation of American Scientists, disagree. “It undermines oversight of the classification system and reveals a disdain for presidential authority,” he says. “It’s part of a larger picture of disrespect that this vice president has shown for the norms of oversight and accountability.” Around 80 agencies and entities must report annually to the National Archives; besides the Office of the Vice President, only the president’s Homeland Security Council and the president’s Foreign Intelligence Advisory Board have as yet failed to report on their activities. Aftergood will say: “Somebody made a decision that they don’t want to do what they used to do.… They have to explain why they stopped doing it, and they haven’t done that.” [ABC News, 6/21/2007] Law professor Garrett Epps observes: “The vice president is saying he doesn’t have to follow the orders of the president. That’s a very interesting proposition.” And Judicial Watch’s Paul Orfanedes says Cheney’s claim “seems most disingenuous.” [Cox News Service, 6/21/2007]
Retaliation For Attempt To Force Compliance - The National Archives’ Information Security Oversight Office (ISOO) will attempt in 2004 to conduct an inspection of Cheney’s offices pursuant to the executive order; Cheney’s staff will block the inspection, the first time since the ISOO’s inception in 1978 that one of its inspections has been thwarted. The National Archives will protest Cheney’s decision (see June 8, 2006 and January 9, 2007); Cheney will respond by attempting to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 pdf file; ABC News, 6/21/2007] In June 2007, President Bush will announce that he never intended for either his or Cheney’s office to have to comply with the directive. [USA Today, 6/24/2007; Newsweek, 12/27/2007]
Issue Nothing More Than 'Kerfuffle' - In December 2007, Cheney will call the entire issue a “kerfuffle… is he or isn’t he; is he part of the executive branch, part of the legislative branch? And the answer really is, you’ve got a foot in both camps. I obviously work for the president. That’s why I’m sitting here in the West Wing of the White House. But I also have a role to play in the Congress as the president of the Senate. I actually get paid—that’s where my paycheck comes from, is the Senate. So I try to keep lines open to both sides of the Congress, both the House and the Senate.” [White House, 12/6/2007] However, Cheney sometimes asserts executive privilege, a function of the executive branch (see June 26, 2007 and June 29, 2007).

Entity Tags: Information Security Oversight Office, Richard (“Dick”) Cheney, National Archives and Records Administration, Homeland Security Advisory Council, Lea Anne McBride, George W. Bush, Federation of American Scientists (FAS), Issuetsdeah, Garrett Epps, Steven Aftergood, Office of the Vice President, Paul Orfanedes

Timeline Tags: Civil Liberties

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 Family Steering Committee, an organization formed to represent some of the interests of the relatives of victims of the 9/11 attacks, writes a letter to 9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton about Philip Zelikow, the Commission’s executive director. The committee has lost its trust in Zelikow, because it has gradually found out more and more about him and his links to National Security Adviser Condoleezza Rice, as well as others the Commission is supposed to be investigating (see 1995, September 20, 2002, and September 16, 2003 or Shortly After). In addition, members of the committee have an extremely poor personal relationship with Zelikow, who they feel is dismissive of them and their concerns. The letter says that Kean and Hamilton should either force Zelikow to resign, or recuse himself from all the parts of the investigation linked to the National Security Council. Kean and Hamilton write back to the committee, saying they are aware of Zelikow’s ties to the administration, although it is unclear if they are aware of all of them at this point (see Shortly Before January 27, 2003). [Shenon, 2008, pp. 166-168] However, the Commission will later interview Zelikow about his role in counterterrorism before 9/11 (see October 8, 2003) and he will be recused from dealing with the Bush administration transition (see October 9, 2003 or Shortly After), on which he worked (see January 3, 2001).

Entity Tags: 9/11 Commission, 9/11 Family Steering Committee, Lee Hamilton, Thomas Kean, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 9/11 Commission interviews its own executive director, Philip Zelikow, over his role in counterterrorism affairs before 9/11 and his links to the Bush administration. The interview occurs shortly after victims’ relatives call for Zelikow’s removal from sensitive parts of the Commission’s investigation (see October 3, 2003).
Insists on Interview - Zelikow actually requests the interview himself and insists that he be placed under oath, as he thinks this will be proof of his eagerness to tell the truth. It is conducted by Dan Marcus, the Commission’s lawyer and one of Zelikow’s subordinates, and lasts for 90 minutes. Zelikow talks about his role in the Bush transition, when he authored a review of operations run by counterterrorism “tsar” Richard Clarke that led to Clarke’s demotion and the downgrading of terrorism as a priority for the new administration (see January 3, 2001). Zelikow also admits writing a strategy document that was later used to justify the invasion of Iraq (see September 20, 2002). While the information was known before in outline, author Philip Shenon will say that it is “especially shocking when heard in this much detail.”
Serious Conflicts of Interest - Marcus notes that Zelikow’s resume mentions neither his role in the transition, nor his authorship of the pre-emptive war document. He forms the opinion that Commission Chairman Tom Kean and Vice Chairman Lee Hamilton may not have known all this before. “I have no idea whether they were deliberately blindsided or not,” he will say. Shenon will add: “Marcus and others on the staff tried to imagine how Zelikow’s conflicts could be any worse. They tried to imagine a comparable conflict on other important blue-ribbon commissions. It became a little parlor game in the office. Would the commission that investigated the Challenger disaster have hired a staff director who was a NASA lobbyist or an executive of one of the contractors that built the faulty shuttle? Would the Warren Commission have hired the chairman of the Dallas tourism board?” [Shenon, 2008, pp. 168-170]
Recusal - Following the interview, Zelikow will be recused from the Commission’s investigation of the Bush transition as well as interviews of senior Bush officials (see October 9, 2003 or Shortly After).

Entity Tags: Philip Shenon, Daniel Marcus, Philip Zelikow, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 Commission Executive Director Philip Zelikow is recused from some parts of the Commission’s investigation, specifically its examination of the Bush transition, on which he worked (see January 3, 2001), and interviews of senior Bush aides, including his associate, National Security Adviser Condoleezza Rice (see September 2003). This follows a complaint by victims’ relatives about Zelikow’s conflicts of interest (see October 3, 2003) and his interview by one of his own subordinates under oath (see October 8, 2003).
Only Recused from Some Aspects - The subordinate, the Commission’s counsel Daniel Marcus, recommended that, due to the conflicts, Zelikow should be recused from the Commission’s work on the transition and anything to do with the National Security Council (NSC). This is what the families wanted and, in the words of author Philip Shenon, “would have effectively ended Zelikow’s involvement in the parts of the investigation that were most important to him.” Zelikow will later say this recusal proposal “would have had the prompt and foreseeable effect of forcing my resignation.” However, Commission Chairman Tom Kean and Vice Chairman Lee Hamilton water the proposal down, allowing Zelikow to continue to work on most aspects of the NSC investigation.
Decision to Keep Zelikow Already Taken - According to Shenon, the decision to stick with Zelikow had been taken before Marcus interviewed him: “Kean and Hamilton made it clear to Marcus that they wanted to keep Zelikow on, regardless of what Marcus found. It was too late to find a new executive director. Besides, Zelikow had made himself indispensible, if only because he had so tightly controlled the flow of the information within the Commission that only he really knew all that was going on among the teams of investigators.” Marcus will say: “I think [Kean and Hamilton] basically made the decision that they were going to stick with this guy, that it was too late in the game to make a change.… [I]t was pretty clear that my instructions were to do what we needed to do on the recusal front and to make it work.”
Lack of Appreciation of Zelikow's Importance - One reason behind the decision to keep Zelikow may be that Kean and, in particular, Hamilton do not fully appreciate how important Zelikow’s role is in shaping the Commission’s final output. Marcus will comment, “Lee had this view, which was somewhat unrealistic, that the staff was not important.” Shenon will add, “In Hamilton’s view, Marcus thought, Zelikow might be the most important person on the staff, but he was still a ‘staffer’ and was not capable of ‘sneaking something’ by the commissioners.” [Shenon, 2008, pp. 168-171]

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

Timeline Tags: Complete 911 Timeline, 9/11 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

The 9/11 Commission suspects that the CIA is using harsh techniques on high-ranking al-Qaeda detainees who are being interviewed about the 9/11 plot. The commission does not interview the detainees itself, but submits questions to the CIA, and the CIA then puts them to the detainees. However, commission staffers will later be reported to have “guessed” that harsh techniques are being used, and are worried these techniques affect the detainees’ credibility. Executive Director Philip Zelikow will later say, “We were not aware, but we guessed, that things like that were going on.” According to senior US intelligence officials, the detainees used as sources by the 9/11 Commission are “subjected to the harshest of the CIA’s methods,” including “physical and mental abuse, exposure to extreme heat and cold, sleep deprivation and waterboarding.” [MSNBC, 1/30/2008] One of the detainees, alleged 9/11 mastermind Khalid Shaikh Mohammed, whose interrogations are mentioned hundreds of times in the report (see After January 2004), was extensively waterboarded (see Shortly After February 29 or March 1, 2003), and a CIA manager will say that up to 90% of the information he provides under questioning is unreliable (see August 6, 2007).

Entity Tags: Central Intelligence Agency, 9/11 Commission, Philip Zelikow, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 Commissioner Bob Kerrey threatens to resign from the commission after discovering a memo written by the commission’s Executive Director Philip Zelikow outlining Zelikow’s ties to National Security Adviser Condoleezza Rice (see 1995). Kerrey, who was recently appointed to the commission (see December 9, 2003), makes this discovery on his first day at the commission’s offices.
Conflict of Interests - Kerrey will later say that, although he was aware Zelikow and Rice were friends, he “just could not believe” the more detailed information the memo contains. For example, Zelikow had been responsible for downgrading terrorism as a priority in the Bush administration (see January 3, 2001) and had authored a pre-emptive war doctrine that amounted to the “gene code” for the administration’s policy on Iraq (see September 20, 2002). Author Philip Shenon will write, “Kerrey wondered how [9/11 Commission Chairman Tom] Kean and [Vice Chairman Lee] Hamilton could have agreed to put someone with such an obvious conflict of interest in charge of the investigation.”
Persuaded to Remain - The next day, Kerrey meets Kean and tells him, “Look, Tom, either he goes or I go.” Kean tries to talk Kerrey out of it, saying he and Hamilton are keeping a close eye on Zelikow for signs of partisanship. However, he only convinces Kerrey to continue to think over his decision. Shenon will comment, “For Kean, it was hard to see which would be worse, the loss of Zelikow so late in the investigation or the angry resignation of a newly arrived commissioner because of Zelikow’s conflicts of interest.” Soon after this, Kean convinces Kerrey to drop his threat to resign entirely, and both Kerrey and Zelikow remain on the commission. [Shenon, 2008, pp. 164-165]

Entity Tags: 9/11 Commission, Bob Kerrey, Philip Zelikow, Thomas Kean

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

Colonel Robert Marr, the battle commander at NORAD’s Northeast Air Defense Sector (NEADS), makes some surprising comments about the US military’s response to the 9/11 attacks during an interview with the 9/11 Commission. Marr played an important role in NEADS’s response to the 9/11 attacks. A memorandum summarizing the interview will reveal some hints by Marr that others in the US military doctored the data describing the Air Force’s response to the hijackings, perhaps to show that the US military did not shoot down Flight 93.
Log Doesn't 'Look Right' - For instance, the memorandum will state: “Marr noted that one of the chat logs presented to him by Commission staff ‘doesn’t look right.’ [Commission staff noted this beforehand, but did not present to Marr as such.]” There is no further explanation in the interview account to explain what this means.
Timelines Conflict - After Marr is presented with a transcript of the 9/11 Commission’s May 23, 2003 hearing (see May 23, 2003), “Marr noted that the Dictaphone DAT times are off, and this led to a misconception with the time frame. He commented that NORAD asked for details to prove that they did not shoot down [United Airlines Flight] 93 shortly after 9/11. He noted that [two military officials] worked towards putting the initial information together. But because of the damage that occurred to the tapes during the transcription process (see September 21, 2001) they did not re-examine the tapes until very recently. Commission staff presented Marr with a timeline that was created by NORAD. Marr speculated that some of the discrepancies on this timeline were because of inaccurate computer timing.”
Mistakes Were Made to Show Flight 93 Was Not Shot Down - The memorandum will conclude, “Marr was emphatic that the mistakes in the data points were specifically made to show that they did not shoot down Flight 93.” [9/11 Commission, 1/23/2004 pdf file] However, there will be no hint of these allegations in the 9/11 Commission’s final report, and no hint about any data manipulation or discrepancies.

Entity Tags: Robert Marr, 9/11 Commission, North American Aerospace Defense Command, Northeast Air Defense Sector

Timeline Tags: Complete 911 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 has a private meeting with National Security Adviser Condoleezza Rice. The meeting is held in the White House’s Situation Room, the location apparently chosen by Rice in an attempt to impress the commissioners.
Questioning Is 'Polite but Pointed' - The White House has insisted that the encounter be described as a “meeting” rather than an “interview,” because that would sound too formal and prosecutorial. In addition, there is to be no recording of the interview and Rice is not placed under oath. The time limit on the interview is two hours, but it actually lasts four. Rice’s close associate Philip Zelikow, the 9/11 Commission’s executive director, attends, but is not allowed to say anything because he has been recused from this part of the investigation. The questioning is led by Daniel Marcus, the Commission’s lawyer, and will be described as “polite but pointed” by author Philip Shenon.
Commissioners Privately Critical of Rice - The commissioners are aware of allegations that Rice performed poorly in the run-up to 9/11 (see Before December 18, 2003), but are unwilling to aggressively attack an accomplished black woman. However, they think the allegations are well-founded. Commission Chairman Tom Kean will say, “obviously Rice bears a tremendous amount of responsibility for not understanding how serious this threat [of terrorist attacks] was.” Commissioner John Lehman will say that he has “no doubt” former National Security Adviser Henry Kissinger would have paid more attention to the warnings of a forthcoming attack. Fellow commissioner Slade Gorton will say that the administration’s failure to act on the urgent warnings was “spectacularly wrong.” Commissioner Jamie Gorelick will comment that Rice “assumed away the hardest part of her job,” and that she should have focused on keeping the president up to date on events, rather than trying to put his intentions into action. Commissioner Bob Kerrey will agree with this and will later recall one of Rice’s comments at this meeting, “I took the president’s thoughts and I helped the president describe what he was thinking.” According to Kerrey, this shows how Rice performed her job incorrectly. She should have been advising the president on what to do, not packaging his thoughts. [Shenon, 2008, pp. 230-239]

Entity Tags: Richard Ben-Veniste, Thomas Kean, Slade Gorton, Philip Zelikow, Daniel Marcus, Jamie Gorelick, 9/11 Commission, Bob Kerrey, Condoleezza Rice, John Lehman

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

Philip Zelikow.Philip Zelikow. [Source: Miller Center]The 9/11 Family Steering Committee and 9/11 Citizens Watch demand the resignation of Philip Zelikow, executive director of the 9/11 Commission. The demand comes shortly after former counterterrorism “tsar” Richard Clarke told the New York Times that Zelikow was present when he gave briefings on the threat posed by al-Qaeda to National Security Adviser Condoleezza Rice from December 2000 to January 2001. The Family Steering Committee, a group of 9/11 victims’ relatives, writes: “It is clear that [Zelikow] should never have been permitted to be a member of the Commission, since it is the mandate of the Commission to identify the source of failures. It is now apparent why there has been so little effort to assign individual culpability. We now can see that trail would lead directly to the staff director himself.” Zelikow has been interviewed by his own Commission because of his role during the transition period. But a spokesman for the Commission claims that having Zelikow recluse himself from certain topics is enough to avoid any conflicts of interest. [New York Times, 3/20/2004; United Press International, 3/23/2004] 9/11 Commission Chairman Thomas Kean defends Zelikow on NBC’s Meet the Press, calling him “one of the best experts on terrorism in the whole area of intelligence in the entire country” and “the best possible person we could have found for the job.” [NBC, 4/4/2004] Commission Vice Chairman Lee Hamilton adds, “I found no evidence of a conflict of interest of any kind.” Author Philip Shenon will comment: “If there had been any lingering doubt that Zelikow would survive as executive director until the end of the investigation, Kean and Hamilton had put it to rest with their statements of support… on national television. Zelikow would remain in charge.” [Shenon, 2008, pp. 263] However, Salon points out that the “long list” of Zelikow’s writings “includes only one article focused on terrorism,” and he appears to have written nothing about al-Qaeda. [Salon, 4/6/2004]

Entity Tags: Philip Zelikow, Thomas Kean, Philip Shenon, Richard A. Clarke, Lee Hamilton, Al-Qaeda, 9/11 Commission, 9/11 Citizens Watch, Condoleezza Rice, 9/11 Family Steering Committee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The White House discloses to Fox News that former counterterrorism “tsar” Richard Clarke was the anonymous official who gave a background briefing to reporters in August 2002 praising the Bush administration’s record on terrorism (see August 22, 2002). This move, which violates a longstanding confidentiality policy, is made hours before Clarke is to testify to the 9/11 Commission (see March 24, 2004). Clarke recently went public with criticism of the administration (see March 21, 2004) and is being attacked by it (see March 22, 2004 and Shortly After). Author Philip Shenon will comment, “In agreeing to allow Fox News to reveal that Clarke had given the 2002 briefing, the White House was attempting to paint him as a liar—a one-time Bush defender who had become a Bush critic in order to sell a book.” National Security Adviser Condoleezza Rice says to the media: “There are two very different stories here. These stories can’t be reconciled.” [Fox News, 3/24/2004; Washington Post, 3/25/2004; Washington Post, 3/26/2004; Shenon, 2008, pp. 280-281]
Opposing Spin? - Shenon will add that in the briefing Clarke was “spin[ning] the facts” in order to try to knock down an article unfavorable to the administration published by Time magazine, although “the spin took him perilously close to dishonesty, albeit the sort of dishonesty practiced every day in official Washington.” Philip Zelikow, the 9/11 Commission’s executive director and a long-term opponent of Clarke (see January 3, 2001 and January 27, 2003), is delighted by the story and tells a Commission staffer that it might be enough to end the Clarke “circus,” adding, “Does it get any better than this?” [Shenon, 2008, pp. 280-281] Later trying a similar line of attack, Republican Senate leader Bill Frist will ask “[i]f [Clarke] lied under oath to the United States Congress” in closed testimony in 2002, and also ask if Clarke is attempting to promote his book. According to media critic Frank Rich, Frist’s credibility is undermined by his use of his Senate status to promote his own book, a virtually worthless primer entitled When Every Moment Counts: What You Need to Know About Bioterrorism from the Senate’s Only Doctor. Frist’s accusation that Clarke revealed classified information in his book falls flat when Clarke notes that the White House vetted his book for possible security transgressions before publication. [Washington Post, 3/27/2004; Rich, 2006, pp. 114-119]
No Evidence of Contradiction - A review of declassified citations from Clarke’s 2002 testimony provides no evidence of contradiction, and White House officials familiar with the testimony agree that any differences are matters of emphasis, not fact. [Washington Post, 4/4/2004]

Entity Tags: Philip Shenon, Richard A. Clarke, Condoleezza Rice, Philip Zelikow, Washington Times, Frank Rich, Bill Frist

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

Richard Clarke sworn in before the 9/11 Commission.Richard Clarke sworn in before the 9/11 Commission. [Source: CBC]Former counterterrorism “tsar” Richard Clarke testifies before the 9/11 Commission. Due to publicity generated by the publication of his book and a controversial appearance on 60 Minutes (see March 21, 2004), it is, in the words of author Philip Shenon, a “true Washington spectacle” and “one of those moments in the capital when anyone of importance in the city [is] in front of a television set.” Shenon will add, “It was being compared by reporters to the sort of drama that John Dean’s testimony provided in Watergate or Lieutenant Colonel Oliver North’s testimony offered in the Iran-Contra affair.” [Shenon, 2008, pp. 281-282]
Clarke Offers Apology - Clarke’s opening statement consists of little more than an apology to the relatives of the 9/11 victims. He says: “Your government failed you, those entrusted with protecting you failed you, and I failed you. For that failure, I would ask… for your understanding and forgiveness.” This leads to a moment of silence, then gasps and sobs. Shenon will point out, “It was the first apology that the 9/11 families had heard from anybody of importance in the Bush administration,” adding that it “was the moment of catharsis that many of the wives and husbands and children of the victims had been waiting for.”
Praises Clinton, Criticizes Bush - Under questioning, Clarke praises the Clinton administration, saying, “My impression was that fighting terrorism, in general, and fighting al-Qaeda, in particular, were an extraordinarily high priority in the Clinton administration—certainly no higher priority.” But he is very critical of the Bush administration, stating, “By invading Iraq… the president of the United States has greatly undermined the war on terrorism.” He says that under Bush before 9/11, terrorism was “an important issue, but not an urgent issue.… [CIA Director] George Tenet and I tried very hard to create a sense of urgency by seeing to it that intelligence reports on the al-Qaeda threat were frequently given to the president and other high-level officials. But although I continue to say it was an urgent problem, I don’t think it was ever treated that way.” He points out that he made proposals to fight al-Qaeda in late January 2001. While the gist of them was implemented after 9/11, he complains, “I didn’t really understand why they couldn’t have been done in February [2001].” He says that with a more robust intelligence and covert action program, “we might have been able to nip [the plot] in the bud.”
Republican Commissioners Ask Tough Questions - However, Clarke faces tough questioning from some of the Republican commissioners. Jim Thompson, who had been in contact with the White House before the hearing (see Morning, March 24, 2004), challenges Clarke over a briefing he gave in 2002 (see August 22, 2002 and March 24, 2004), which, according to Thompson, contradicts what Clarke is saying now. In addition, fellow Republican John Lehman confronts Clarke over what he sees as discrepancies between Clarke’s book and his private interviews with the Commission. Clarke replies that the differences arose because the Commission did not ask him about all the issues he covered in his book, such as his opposition to the invasion of Iraq. He adds that he will not accept any position in any administration formed by Democratic presidential candidate John Kerry.
Clarke Approved Saudi Flights - Clarke also clears up a mystery about the departure of Saudi Arabian nationals after the attacks, which has caused some controversy (see September 14-19, 2001), saying that he was the White House official that approved them. He did this after clearing it with the FBI, although he does not know “what degree of review the FBI did over those names.” [Washington Post, 3/24/2004; New York Times, 3/24/2004; 9/11 Commission, 3/24/2004; Shenon, 2008, pp. 282-289]
Testimony 'Arresting' - Author and media critic Frank Rich will later call Clarke’s testimony “arresting.” Rich will write that Clarke’s forceful, confident demeanor—“sonorous voice, secret-agent aura, and vaguely intimidating body language”—serves to brush back antagonistic Republicans such as Lehman and Thompson. Rich will write that the juxtaposition of Clarke’s damning testimony with President Bush’s bizarre comedy routine that same evening (pretending to hunt for Iraqi WMD under the Oval Office furniture—see March 24, 2004) is jarring. [Rich, 2006, pp. 114-119]

Entity Tags: John Lehman, Clinton administration, Richard A. Clarke, Bush administration (43), Frank Rich, 9/11 Commission, James Thompson

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

CIA Director George Tenet orders a suspension of waterboarding and some other aggressive interrogation techniques. Intelligence officials will later claim that the Abu Ghraib scandal publicized in April 2004 (see April 28, 2004), is a major factor in the decision. Additionally, the CIA’s Inspector General finishes a secret report around the same time the Abu Ghraib scandal breaks, an it suggests that many aggressive techniques may violate an international treaty against torture that the US has signed (see May 7, 2004). NBC News will later claim that the biggest reason is the worry: “Could CIA officials, including both the interrogators and their superiors, ultimately be prosecuted?” [MSNBC, 9/13/2007] The CIA approved a list of about 10 aggressive techniques, including waterboarding, in March 2002 (see Mid-March 2002), and used them on many high-ranking al-Qaeda detainees until this time (see March 28, 2002-Mid-2004). But the CIA suspends their use until the Justice Department can conduct a legal review. One former senior CIA official will say in June 2004, “Everything’s on hold. The whole thing has been stopped until we sort out whether we are sure we’re on legal ground.” [Washington Post, 6/27/2004] In December 2004, the Justice Department will publicly issue a new and public memo allowing the use of some aggressive techniques (see December 30, 2004). Then, in February 2005, it will secretly issue another memo that goes further, and will even allow the CIA to use waterboarding again. The New York Times will later call it “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency” (see February 2005). The CIA presumably then resumes using most of these techniques but it does not resume waterboarding, as it had already stopped doing that in 2003 (see May 2002-2003).

Entity Tags: Central Intelligence Agency, George J. Tenet

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Condoleezza Rice and Philip Zelikow in Tel Aviv, October 2006.Condoleezza Rice and Philip Zelikow in Tel Aviv, October 2006. [Source: Matty Stern/U.S. Embassy via Getty Images]9/11 Commission Executive Director Philip Zelikow tells the staff team working on the Bush administration’s response to terrorist threats in the summer of 2001 that their drafts must be rewritten to cast National Security Adviser Condoleezza Rice in a better light. Rice’s testimony about the administration’s prioritizing of terrorism has been contradicted by former counterterrorism “tsar” Richard Clarke, who said that al-Qaeda was not a high priority for the White House. The Commission staffers think that Clarke is telling the truth, because, in the words of author Philip Shenon, Clarke had left a “vast documentary record” about the White House’s inattention to terrorism. Clarke’s account is also corroborated by other National Security Council (NSC) members, the CIA, and the State Department.
Zelikow's Reaction - However, Zelikow, a close associate of Rice (see 1995 and January 3, 2001), tells the staffers their version is “too Clarke-centric” and demands “balance.” Shenon will comment: “He never said so explicitly, but Zelikow made clear to [the staffers] that the Commission’s final report should balance out every statement of Clarke’s with a statement from Rice. The team should leave out any judgment on which of them was telling the truth.”
Support from Commission Lawyer - Zelikow is supported to a point in this dispute by Daniel Marcus, the Commission’s lawyer. Marcus thinks that the staffers are making Clarke into a “superhero,” and that there were some “limitations and flaws” in his performance. Marcus also sees that the staff’s suspicions of Zelikow and his ties to Rice are no longer hidden, but will later say, “In a sense they overreacted to Philip because they were so worried about him they pushed and pushed and pushed, and sometimes they were wrong.”
Staffer Regrets Not Resigning Earlier - One of the key staffers involved in the dispute, Warren Bass, had previously considered resigning from the Commission due to what he perceived as Zelikow’s favoring of Rice. At this point he regrets not resigning earlier, but does not do so now. Bass and his colleagues merely console themselves with the hope that the public will read between the lines and work out that Clarke is telling the truth and Rice is not.
"Tortured Passages" - Shenon will comment: “[T]he results of the team’s work were some of the most tortured passages in the final report, especially in the description of the performance of the NSC in the first months of the Bush presidency. It was written almost as a point, counterpoint—Clarke says this, Rice says the opposite—with no conclusion about what the truth finally was.” [Shenon, 2008, pp. 394-396]

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

As the 9/11 Commission report is being finalized, the consultant charged with drafting it, Ernest May, comes to favor an account of the Bush administration’s treatment of terrorism before 9/11 given by former counterterrorism “tsar” Richard Clarke. Clarke has said that the administration did not pay enough attention to the problem of terrorism, whereas his former superior, National Security Adviser Condoleezza Rice, had argued the administration did what it could, but the attacks were unstoppable. May comes to this conclusion after reviewing the documentation obtained by the commission, despite the fact that he is close to the commission’s executive director Philip Zelikow, who had worked with Rice in the past (see 1995 and January 3, 2001) and is trying to downplay Clarke’s role. The language of the draft report reflects May’s views, but others working on the report, including an unnamed prominent Democrat on the staff, say the language is “inflammatory,” and get it taken out of the report. According to May, the report is then written in such a way as to avoid “even implicit endorsement of Clarke’s public charge.” [Shenon, 2008, pp. 390-391]

Entity Tags: 9/11 Commission, Condoleezza Rice, Ernest May, Philip Zelikow, Richard A. Clarke

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

Philip Zelikow (second from left) with Secretary of State Condoleezza Rice (left), and Israeli Prime Minister Ehud Olmert (right).Philip Zelikow (second from left) with Secretary of State Condoleezza Rice (left), and Israeli Prime Minister Ehud Olmert (right). [Source: Ron Sachs/Consolidated News Photos]Philip Zelikow, formerly the executive director of the 9/11 Commission, will serve as a senior adviser for Condoleezza Rice in her new position as secretary of state. His position, counselor of the United States Department of State, is considered equal to undersecretary of state. [Richmond Times-Dispatch, 2/28/2005] Rice says: “Philip and I have worked together for years. I value his counsel and expertise. I appreciate his willingness to take on this assignment.” According to author Philip Shenon, Zelikow tells his new colleagues at the State Department that it is “the sort of job he had always wanted.” [Shenon, 2008, pp. 418] 9/11 victims’ relatives groups had demanded Zelikow’s resignation from the 9/11 Commission, claiming conflict of interest, including being too close to Rice (see March 21, 2004).

Entity Tags: Philip Zelikow, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Philip Zelikow, the chief adviser to Secretary of State Condoleezza Rice (see February 28, 2005) and the former executive director of the 9/11 Commission (see Shortly Before January 27, 2003), writes a classified memo challenging the Justice Department’s legal justifications for its authorizations of torture. Zelikow writes his memo after gaining access to four secret memos from the Justice Department’s Office of Legal Counsel (see April 16, 2009), in his role as Rice’s policy representative to the National Security Council’s Deputies Committee. Rice and her legal adviser, John Bellinger, are the only others besides Zelikow to have been briefed on the memos. Zelikow was aware of what many of the suspected terrorists did, or were alleged to have done, through his experience on the 9/11 Commission. The evidence against most of them is “damning,” he will later write: “But the issue is not about who or what they are. It is about who or what we are.” In the memo, which he will publicly discuss four years later (see April 21, 2009), Zelikow focuses on three main areas of contention.
bullet First, the question should not be whether waterboarding (or any other particular technique) is torture, but on the idea of a program of authorized torture. The program used numerous well-planned, carefully considered methods of physical coercion to gain information from detainees, or as Zelikow will write, “to disorient, abuse, dehumanize, and torment individuals over time.” Waterboarding is only one of many objectionable, and illegal, techniques being used against prisoners.
bullet Second, the question of torture should not first be settled by lawyers. The moral and professional aspects of such an issue should be dealt with before asking lawyers to justify such actions. Better questions would be: Are these methods reliable in getting important information? And does the garnering of such information, even if such can be proven, justify the moral position of using torture? In 2009, Zelikow will write: “There is an elementary distinction, too often lost, between the moral (and policy) question—‘What should we do?’—and the legal question: ‘What can we do?’ We live in a policy world too inclined to turn lawyers into surrogate priests granting a form of absolution. ‘The lawyers say it’s OK.’ Well, not really. They say it might be legal. They don’t know about OK.”
bullet Finally, the legal opinions themselves have what Zelikow calls “grave weaknesses.” Many of the OLC opinions, particularly the May 30, 2005 opinion (see May 30, 2005), “presented the US government with a distorted rendering of relevant US law.” He goes on: “The case law on the ‘shocks the conscience’ standard for interrogations would proscribe the CIA’s methods,” in his view. Moreover, the OLC position ignores “standard 8th Amendment ‘conditions of confinement’ analysis (long incorporated into the 5th Amendment as a matter of substantive due process and thus applicable to detentions like these). That case law would regard the conditions of confinement in the CIA facilities as unlawful.” And, while “the use of a balancing test to measure constitutional validity (national security gain vs. harm to individuals) is lawful for some techniques… other kinds of cruel treatment should be barred categorically under US law—whatever the alleged gain.” The logical extension of the OLC’s position is that since the “substantive standard is the same as it is in analogous US constitutional law… the OLC must argue, in effect, that the methods and the conditions of confinement in the CIA program could constitutionally be inflicted on American citizens in a county jail. In other words, Americans in any town of this country could constitutionally be hung from the ceiling naked, sleep deprived, waterboarded, and all the rest—if the alleged national security justification was compelling. I did not believe our federal courts could reasonably be expected to agree with such a reading of the Constitution.”
White House Orders Copies Destroyed - Zelikow will admit he has no standing to offer a legal opinion. However, he will write: “I felt obliged to put an alternative view in front of my colleagues at other agencies, warning them that other lawyers (and judges) might find the OLC views unsustainable. My colleagues were entitled to ignore my views. They did more than that: The White House attempted to collect and destroy all copies of my memo.” Zelikow will say he believes that copies still exist in State Department archives. [Foreign Policy, 4/21/2009; Politico, 4/21/2009]

Entity Tags: Office of Legal Counsel (DOJ), Central Intelligence Agency, Bush administration (43), 9/11 Commission, Condoleezza Rice, National Security Council, US Department of State, Philip Zelikow, John Bellinger, US Department of Justice

Timeline Tags: Torture of US Captives

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Vice President Cheney demanding an explanation for his decision not to comply with executive orders (see 2003). Cheney’s office, like other executive branch entities, is required to annually report on the amount of documents it is classifying, and how those documents are being kept secure. The annual requests are made in pursuance of an executive order, last updated by President Bush in 2003. The order states that it applies to any “entity within the executive branch that comes into the possession of classified information.” Cheney has justified the decision by saying that because the Vice President is also the president of the Senate, the vice president’s office is not strictly a part of the executive branch, and therefore is not subject to the president’s executive orders; he cites as evidence his Constitutional role as a tie breaker in the Senate. Waxman writes, “Your decision to exempt your office from the President’s order is problematic because it could place national security secrets at risk. It is also hard to understand given the history of security breaches involving officials in your office.” Waxman’s point is that, if Cheney’s office is not part of the executive branch, then it is not authorized to view many of the classified documents it routinely receives; therefore the viewing of these documents by Cheney and his officials constitutes a breach of security. Waxman writes, “I question both the legality and the wisdom of your actions. In May 2006, an official in your office [Leandro Aragoncillo] pled guilty to passing classified information to individuals in the Philippines [as part of a plot to overthrow President Gloria Macapagal Arroyo… Aragoncillo reportedly disclosed numerous secret and top secret documents to Philippine officials over several years while working in your office.… In March 2007, your former chief of staff, Lewis ‘Scooter’ Libby, was convicted of perjury, obstruction of justice, and false statements for denying his role in disclosing the identity of a covert CIA agent (see November 20, 2007). In July 2003, you reportedly instructed Mr. Libby to disclose information from a National lntelligence Estimate to Judith Miller, a former New York Times reporter. This record does not inspire confidence in how your office handles the nation’s most sensitive security information. Indeed, it would appear particularly irresponsible to give an office with your history of security breaches an exemption from the safeguards that apply to all other executive branch officials.… Your office may have the worst record in the executive branch for safeguarding classified information.” Waxman notes that Cheney’s office is notorious for declassifying information for purely political reasons, as in the Libby case. Waxman concludes, “Given this record, serious questions can be raised about both the legality and the advisability of exempting your office from the rules that apply to all other executive branch officials.” [Congress Committee On Oversight And Government Reform, 6/21/2007; New York Times, 6/22/2007] The next day, when asked what he believes about Cheney’s position, Senate Majority Leader Harry Reid will quip, “I always thought that he was president of this administration.” [Cox News Service, 6/22/2007] Five days later, Waxman will say, “I know the vice president wants to operate with unprecedented secrecy, but this is absurd. This order is designed to keep classified information safe. His argument is really that he’s not part of the executive branch, so he doesn’t have to comply.… He doesn’t have classified information because of his legislative function. It’s because of his executive function.” [New York Times, 6/22/2007]

Entity Tags: Richard (“Dick”) Cheney, Judith Miller, Information Security Oversight Office, Gloria Macapagal Arroyo, Harry Reid, Henry A. Waxman, Leandro Aragoncillo, Lewis (“Scooter”) Libby

Timeline Tags: Civil Liberties

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