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Context of 'October 3, 2003: Some Victims’ Relatives Demand Executive Director Zelikow Leave 9/11 Commission or Limit Scope of Involvement'

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

Entity Tags: Condoleezza Rice, Philip Shenon, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

9/11 Commission Executive Director Philip Zelikow is interviewed by New York Times reporter Philip Shenon about contacts between Zelikow and White House adviser Karl Rove. According to Shenon, “Zelikow said that there had been only one exchange of phone calls with Rove months earlier and that they involved questions involving his old job at the Miller Center at the University of Virginia” (see June 23-24, 2003). However, there has recently been another exchange of calls (see September 4-15, 2003) and this is the source of some controversy on the Commission, so it is unclear how Zelikow could have failed to mention it (see September 15, 2003 or Shortly After). Shenon writes a “modest article” about the issue for the Times, but it will not be published due to a number of other, seemingly more important, stories. Shenon will later speculate that there were more than just two exchanges of calls between Rove and Zelikow, pointing out that, although records of some calls into the Commission were kept, outgoing calls were not logged in any way: “The General Services Administration, which maintains some of the telephone records from the 9/11 Commission, would not release records showing the specific telephone numbers called by Zelikow on his cell phone. But the records do show frequent calls to phone numbers in area code 202, which is Washington, that begin with the prefix 456-. That prefix is exclusive to phone numbers at the White House.” However, Shenon will also point out that “many if not most of the calls were almost certainly routine.” [Shenon, 2008, pp. 172-174]

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

Timeline Tags: Complete 911 Timeline, 9/11 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

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