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Context of 'November 8, 2001: President Bush Calls for Volunteer Civil-Defense Service'

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The military liaison at the FAA’s Cleveland Center calls NORAD’s Northeast Air Defense Sector (NEADS) and alerts it to the hijacked Flight 93. According to the 9/11 Commission, this is the first notification NEADS receives about Flight 93, but it comes too late, since the plane has already crashed (see (10:06 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 30; 9/11 Commission 8/26/2004, pp. 46)
'Bomb on Board' Flight 93 - At 10:05 a.m., the military liaison at the Cleveland Center, who is unaware that Flight 93 has just crashed, calls NEADS to inform it that Flight 93 is heading toward Washington, DC. Even though communicating with NEADS is not one of his responsibilities, he wants to make sure it is in the loop. (Spencer 2008, pp. 224) At NEADS, the call is answered by Tech Sergeant Shelley Watson. Shortly into the call, at 10:07, the military liaison tells her: “We got a United 93 out here. Are you aware of that?” He continues, “That has a bomb on board.” Watson asks: “A bomb on board? And this is confirmed? You have a mode three [beacon code], sir?” The military liaison replies, “No, we lost his transponder” (see (9:40 a.m.) September 11, 2001). The news about Flight 93 is shouted out to Major Kevin Nasypany, the NEADS mission crew commander. Nasypany responds: “Gimme the call sign. Gimme the whole nine yards.… Let’s get some info, real quick. They got a bomb?”
Liaison Wants Fighters Sent toward Flight 93 - The military liaison continues, asking Watson if NEADS scrambled fighter jets in response to Delta 1989, an aircraft that was mistakenly reported as having been hijacked (see (9:28 a.m.-9:33 a.m.) September 11, 2001 and 9:39 a.m. September 11, 2001). Watson replies: “We did. Out of Selfridge and Toledo” (see (9:55 a.m.) September 11, 2001 and 10:01 a.m. September 11, 2001), and says these jets are airborne. When the military liaison asks if the fighters can be directed to where Flight 93 is, Watson asks him if the Cleveland Center has latitude and longitude coordinates for this aircraft. The military liaison replies that he has not got this information available right now. All he knows is that Flight 93 has “got a confirmed bomb on board… and right now, his last known position was in the Westmoreland area.… Which is… in the Pittsburgh, Pennsylvania, area.” (North American Aerospace Defense Command 9/11/2001; Bronner 8/1/2006)
NEADS Searches on Radar - The news of a bomb on board Flight 93 spreads quickly at NEADS, and personnel there search for the aircraft’s primary return on their radar screens. But because the plane has already crashed, they will be unable to locate it. NEADS will only learn that Flight 93 has crashed at 10:15 a.m., during a call with the FAA’s Washington Center (see 10:15 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 30-31)
FAA Failed to Notify Military Earlier - The Cleveland Center’s notification to NEADS about Flight 93 comes 39 minutes after the plane was hijacked (see (9:28 a.m.) September 11, 2001) and 33 minutes after FAA headquarters was alerted to the hijacking (see 9:34 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 11, 28) At the time NEADS is alerted to Flight 93, NORAD is similarly uninformed about this aircraft, according to the 9/11 Commission. The Commission will state, “At 10:07, its representative on the air threat conference call stated that NORAD had ‘no indication of a hijack heading to DC at this time.’” According to the Commission, the National Military Command Center (NMCC) at the Pentagon learned about the Flight 93 hijacking slightly earlier on, at 10:03 a.m. (see 10:03 a.m. September 11, 2001). However, the NMCC was notified by the White House, not the FAA. (9/11 Commission 7/24/2004, pp. 42) A former senior FAA executive, speaking on condition of anonymity, will later try to explain why it takes the FAA so long to alert NEADS to Flight 93. He will say, “Our whole procedures prior to 9/11 were that you turned everything [regarding a hijacking] over to the FBI.” (Bronner 8/1/2006) Yet military instructions contradict this, stating, “In the event of a hijacking, the NMCC will be notified by the most expeditious means by the FAA.” (US Department of Defense 7/31/1997 pdf file; US Department of Defense 6/1/2001 pdf file)
NORAD Commanders Claim Earlier Awareness of Flight 93 - Two senior NORAD officials will contradict the 9/11 Commission’s conclusion, and claim they were aware of Flight 93 well before it crashed (see Shortly Before 9:36 a.m. September 11, 2001 and (9:36 a.m.-10:06 a.m.) September 11, 2001). (Filson 2003, pp. 68, 71-73) Colonel Robert Marr, the NEADS battle commander, will tell the Commission that, while the flight was still airborne, “his focus was on UAL 93, which was circling over Chicago,” and he “distinctly remembers watching the flight UAL 93 come west, and turn over Cleveland.” (9/11 Commission 10/27/2003 pdf file; 9/11 Commission 1/23/2004 pdf file) Major General Larry Arnold, the commander of the Continental US NORAD Region, will recall, “[W]e watched the [Flight] 93 track as it meandered around the Ohio-Pennsylvania area and started to turn south toward DC.” (Filson 2003, pp. 71)

Flight 93 crashed in the Pennsylvania countryside. Resue vehicles arrive in the distance.Flight 93 crashed in the Pennsylvania countryside. Resue vehicles arrive in the distance. [Source: Keith Srakocic/ Associated Press]Flight 93 crashes into an empty field just north of the Somerset County Airport, about 80 miles southeast of Pittsburgh, 124 miles or 15 minutes from Washington, D.C. Presumably, hijackers Ziad Jarrah, Ahmed Alhaznawi, Ahmed Alnami, Saeed Alghamdi, and all the plane’s passengers are killed instantly. (CNN 9/12/2001; North American Aerospace Defense Command 9/18/2001; Ellison 10/17/2001; Hillston 10/28/2001; Levin, Adams, and Morrison 8/12/2002; Associated Press 8/21/2002; MSNBC 9/3/2002) The point of impact is a reclaimed coal mine, known locally as the Diamond T Mine, that was reportedly abandoned in 1996. (Pittsburgh Tribune-Review 9/12/2001; Zapinski 9/12/2001; Frederick 9/11/2002) Being “reclaimed” means the earth had been excavated down to the coal seam, the coal removed, and then the earth replaced and planted over. (Kashurba 2002, pp. 121) A US Army authorized seismic study times the crash at five seconds after 10:06 a.m. (Kim and Baum 2002 pdf file; Perlman 12/9/2002) As mentioned previously, the timing of this crash is disputed and it may well occur at 10:03 a.m., 10:07 a.m., or 10:10 a.m.

The FAA’s Cleveland Center, which had the last contact with Flight 93 before it crashed, suggests that no distress signal indicating a plane crash has occurred was picked up at the time Flight 93 went down. (Federal Aviation Administration 9/11/2001; Federal Aviation Administration 9/11/2001) Flight 93 reportedly crashed in rural Pennsylvania at 10:03 a.m. (see (10:03 a.m.-10:10 a.m.) September 11, 2001). (National Transportation Safety Board 2/19/2002 pdf file; 9/11 Commission 7/24/2004, pp. 30; Levin 9/11/2008) An air traffic controller at the Cleveland Center now says, apparently over an FAA teleconference, that someone has reported seeing black smoke in the vicinity of Flight 93’s last known position, near Johnstown, Pennsylvania. The controller then says, “We’re trying to see if we can get an ELT check.” (Federal Aviation Administration 9/11/2001; Federal Aviation Administration 9/11/2001) An “ELT” is an emergency locator transmitter, a device carried on most general aviation aircraft in the US that is designed to automatically start transmitting a distress signal if a plane should crash, so as to help search and rescue efforts in locating the downed aircraft. (Federal Aviation Administration 3/23/1990; Federal Aviation Administration 7/12/2001; Aircraft Owners and Pilots Association 1/22/2009) The Cleveland Center controller’s information, as an FAA timeline will later state, therefore indicates that “[n]o ELT” signal has been picked up in the area where Flight 93 apparently crashed “at this time.” (Federal Aviation Administration 9/11/2001) Someone at the FAA’s Command Center in Herndon, Virginia, acknowledges the controller’s communication, responding, “Copy that, Command Center.” (Federal Aviation Administration 9/11/2001) Whether anyone will subsequently report picking up an ELT signal in the area where Flight 93 apparently crashed is unclear. Major Allan Knox, who works at the Air Force Rescue Coordination Center, which is “the contact for credible” ELT signals, will tell the 9/11 Commission that he “does not recall an ELT detection being brought to his attention” today. (9/11 Commission 10/1/2003 pdf file; 9/11 Commission 10/6/2003 pdf file) However, an ELT signal was picked up in the New York area by the pilot of an aircraft minutes before Flight 11 crashed into the North Tower of the World Trade Center (see 8:44 a.m. September 11, 2001) and another ELT signal was picked up in the New York area by the same pilot minutes before Flight 175 crashed into the South Tower (see 8:58 a.m. September 11, 2001). (Federal Aviation Administration 9/11/2001 pdf file; New York Times 10/16/2001)

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

An officer at NORAD’s operations center in Cheyenne Mountain, Colorado, calls NORAD’s Northeast Air Defense Sector (NEADS) and asks it to stop “exercise inputs” being sent to the operations center.
NORAD Calls Chief of Exercises at NEADS - The NORAD officer, a “Captain Taylor,” calls NEADS, where the phone is answered by Captain Brian Nagel. (North American Aerospace Defense Command 9/11/2001) Nagel is chief of NEADS live exercises. (Filson 2003, pp. 74) After introducing himself, Taylor says, “What we need you to do right now is to terminate all exercise inputs coming into Cheyenne Mountain.” Nagel gives Taylor an extension number and suggests that he call it to get the exercise inputs stopped. Taylor replies, “I’ll do that.” (North American Aerospace Defense Command 9/11/2001) According to an article in Vanity Fair, “inputs” are simulated scenarios that are put into play for training exercises. (Bronner 8/1/2006) NORAD has been conducting a major exercise this morning called Vigilant Guardian (see (6:30 a.m.) September 11, 2001). (Arkin 2005, pp. 545)
Exercise Includes Simulated Radar Information - Taylor is presumably referring specifically to false tracks that have been transmitted onto NORAD radar screens for the exercise. NORAD has the capability to inject simulated material, including mass attacks, into the system during exercises, “as though it was being sensed for the first time by a radar site.” (US Department of Defense 1/15/1999) All of the operations personnel at NEADS have been instructed to “have their sim switches turned ‘on’” (presumably to allow simulated information to appear on their radar screens) from September 6 until the end of Vigilant Guardian, on September 13. An information page on the exercise stated that a “sim test track will be in place and forward told [i.e. transferred to a higher level of command] to both NORAD and CONR,” NORAD’s Continental United States Region. (Northeast Air Defense Sector 8/23/2001)
Exercise Supposedly Called Off Earlier - More than 50 members of the battle staff at the NORAD operations center have been participating in Vigilant Guardian this morning. (Tudor 3/2002; 9/11 Commission 3/1/2004 pdf file) Some accounts will claim this exercise was canceled shortly after 9:03 a.m., when the second World Trade Center tower was hit (see (Shortly After 9:03 a.m.) September 11, 2001). (Tudor 3/2002; Filson 2003, pp. 59) And a report in the Toronto Star will state, “Any simulated information” for the exercise was “purged from the [radar] screens” at the operations center shortly before the second tower was hit (see (9:00 a.m.) September 11, 2001). (Simmie 12/9/2001) But a member of staff at NEADS complained at 9:30 a.m. about simulated material still appearing on radar screens there, and at 9:34 a.m. the NEADS surveillance technicians were instructed to turn off their “sim switches” (see 9:34 a.m. September 11, 2001). (North American Aerospace Defense Command 9/11/2001; North American Aerospace Defense Command 9/11/2001; 9/11 Commission 2004)

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

With reports of another airplane headed toward Washingon, fire and rescue workers were directed to temporarily move away from the Pentagon.With reports of another airplane headed toward Washingon, fire and rescue workers were directed to temporarily move away from the Pentagon. [Source: Jon Culberson]At around 10:15 a.m., fire and rescue workers at the Pentagon in response to the attack there are evacuated away from the site, due to a warning of another hijacked aircraft flying towards Washington, DC, currently 20 minutes away. The warning is passed on by Special Agent Chris Combs, the FBI’s representative at the Pentagon crash site. Assistant Fire Chief James Schwartz then orders the fire and rescue personnel to evacuate to a highway overpass several hundred yards from the Pentagon. Combs receives the information about the inbound aircraft from the FBI’s Washington Field Office, which is in direct contact with the FAA. He then confirms it with the control tower at Washington’s Reagan National Airport. According to a report put out by the government of Arlington County, Virginia, updates are announced of the approaching aircraft “until the last warning when [it] went below radar coverage in Pennsylvania, an estimated 4 minutes flying time from the Pentagon.” (US Department of Health and Human Services 7/2002, pp. A16 and A30 pdf file; 9/11 Commission 7/24/2004, pp. 315) Yet if the timing of this account is correct, the approaching plane could not have been Flight 93, which crashed in Pennsylvania considerably earlier (see (10:03 a.m.-10:10 a.m.) September 11, 2001). Finally, Combs is informed by Jim Rice, his boss at the Washington Field Office, “You’re all clear.” Rice adds, incorrectly, “The plane hit Camp David.” (Creed and Newman 2008, pp. 131) At 10:38, firefighters and rescue workers are allowed to return to the Pentagon and resume their activities. (Eversburg 11/2002) There will be two more evacuations of the Pentagon site in the following 24 hours, also due to false alarms over reports of unidentified inbound aircraft (see (2:00 p.m.) September 11, 2001 and (10:00 a.m.) September 12, 2001).

Two Pentagon police officers see people—some of them members of the military—stealing crash debris from in front of the Pentagon. After the Pentagon was hit, Lt. Robbie Turner had been helping the injured at a triage area. When, at around 10:15 a.m., reports are received of a possible second plane heading for the Pentagon (see (10:15 a.m.-10:38 a.m.) September 11, 2001), he sets about evacuating people away from there. As this is going on, he later recalls: “[W]e had to try to collect up evidence, as much of the evidence as we possibly could. Take pictures of it or whatever.” However, some people are apparently trying to steal plane debris from the road in front of the Pentagon. According to Turner, “[W]e had to try to stop other people from pilfering the wreckage because, believe it or not, there were people—military personnel involved—you know, included, rather, that was picking up the wreckage of the plane from off the highway as we were running away.” (Turner 12/3/2001) Later on in the day, around 3:00 p.m., another Pentagon police officer, Roosevelt Roberts Jr., is called to the heliport near where the Pentagon was hit, and remains there for the next 13 hours. He will recall that, during this time, “we had a lot of people vandalizing, stealing evidence.” He does not specify who these people are, or what this “evidence” is that is being stolen and vandalized. (Roberts 11/30/2001)

A representative of the FAA finally joins an emergency teleconference being conducted by the National Military Command Center (NMCC) at the Pentagon, after NMCC personnel have repeatedly been unable to connect the FAA to the conference. In response to the terrorist attacks, the NMCC began a “significant event conference” at 9:29 a.m., to gather and disseminate information from government agencies (see 9:29 a.m.-9:34 a.m. September 11, 2001), and eight minutes later upgraded this to an “air threat conference” (see 9:37 a.m.-9:39 a.m. September 11, 2001). However, according to the 9/11 Commission Report, because of “equipment problems and difficulty finding secure phone numbers,” operators at the NMCC have been unable to connect the FAA to the conference (see (9:29 a.m.-12:00 p.m.) September 11, 2001). (9/11 Commission 7/21/2003 pdf file; 9/11 Commission 7/24/2004, pp. 37)
FAA Representative Has 'No Situational Awareness' - The air threat conference is now joined by FAA employee Rayford Brooks. (9/11 Commission 7/24/2004, pp. 463) Brooks is on duty in the Central Altitude Reservation Function (CARF) at the FAA’s Command Center in Herndon, Virginia. This office is responsible for processing and separating altitude reservations, and coordinates military requests for priority airspace activity with FAA facilities and international agencies. (9/11 Commission 4/5/2004; 9/11 Commission 4/15/2004) However, Brooks has “no familiarity with or responsibility for hijackings, no access to decisionmakers, and none of the information available to senior FAA officials,” according to the 9/11 Commission Report. (9/11 Commission 7/24/2004, pp. 37) Brooks will later recall having had “no situational awareness” of the current crisis. He only arrived at the Command Center at around 9:30 a.m. and had not been listening to the radio while driving to work. Those on the Command Center floor have not given him any instructions regarding the NMCC conference or other operational matters.
Brooks on Conference instead of Military Cell Officer - Brooks will tell the 9/11 Commission that the Air Traffic Services Cell (ATSC)—a small office located next to the CARF at the Command Center, manned by military reservists (see (Between 9:04 a.m. and 9:25 a.m.) September 11, 2001)—has asked the CARF to monitor the NMCC’s air threat conference on its behalf for three or four hours, because the ATSC does not have a working STU-III secure phone. (9/11 Commission 4/15/2004) (A chronology of the ATSC’s actions on this day will state that the keys for the ATSC’s secure phones are recalibrated at some point, and these phones then “worked fine.” (US Air Force 9/11/2001) )
NORAD and FAA Leaders out of Contact - Three times before 10:03 a.m., when the last hijacked plane reportedly crashed (see (10:03 a.m.-10:10 a.m.) September 11, 2001), NORAD asked for confirmation of the FAA’s presence on the NMCC’s conference, so the FAA could provide an update on the hijackings, but the FAA had not been connected at those times. As a result of the FAA’s absence from the conference, the leaders of NORAD and the FAA have effectively been out of contact with each other. (9/11 Commission 6/17/2004; 9/11 Commission 7/24/2004, pp. 37-38)
FAA's Absence Caused Confusion over Identities of Hijacked Planes - General Richard Myers, the acting chairman of the Joint Chiefs of Staff, will later write that the lack of communication between the NMCC and the FAA has contributed to confusion at the NMCC over the flight numbers of the aircraft that were hijacked. However, according to Myers, the NMCC could not contact the FAA over ordinary phone lines because “[t]errorists who could hijack aircraft so readily could probably also eavesdrop on unsecured phone lines.” (Myers 2009, pp. 153)

An aircraft at Cleveland Hopkins International Airport.An aircraft at Cleveland Hopkins International Airport. [Source: Cleveland Plain Dealer]Delta Air Lines Flight 1989, a Boeing 767 out of Boston that is wrongly suspected of being hijacked (see 9:39 a.m. September 11, 2001 and (Shortly After 9:44 a.m.) September 11, 2001), lands at Cleveland Hopkins Airport in Ohio, and is directed to a remote area of the airport. (Federal Aviation Administration 9/16/2001; Adams, Levin, and Morrison 8/13/2002; 9/11 Commission 7/24/2004, pp. 27-28; O'Mara 9/11/2006)
Plane Flies Long Path toward Airport - Delta Air Lines had been concerned about Flight 1989, and ordered it to land as soon as possible in Cleveland (see (9:42 a.m.) September 11, 2001). (Spencer 2008, pp. 167; Levin 9/11/2008) As it was heading in to land, air traffic controllers instructed Delta 1989 to follow a trajectory that initially took it far past Cleveland Airport. Unknown to the plane’s pilots, the controllers incorrectly believe the flight has been hijacked and contains a bomb, and they were therefore making time to evacuate the airport before the plane landed (see (9:50 a.m. and After) September 11, 2001). (Spencer 2008, pp. 191)
Plane Directed to Remote Area - Once Delta 1989 is on the ground, the Cleveland Terminal Radar Approach Control (TRACON) informs the FAA’s Cleveland Center that Delta 1989 is “on the ground at 1418,” where “1418” means 10:18 a.m. Cleveland Center asks, “Very safely too, I hope?” The TRACON responds that the plane is being taken to the bomb area to check. (Federal Aviation Administration 9/16/2001) Delta 1989 is directed to “taxi left onto taxiway Bravo and wait there.” This taxiway leads to a remote part of the airport that is far away from the terminal. The pilot does as instructed. (Spencer 2008, pp. 229)
Passengers Not Allowed Off - The pilots radio the airport’s air traffic control tower and say: “Just to make sure we don’t have any misunderstandings here, our flaps are up, we are landing only as a precaution at the company’s request. You understand that?” They ask if they are going to get to their gate soon, but the controller responds that city authorities are in charge and he believes people will be coming to search the aircraft. The controller advises that city authorities have said to keep the plane’s passengers on the aircraft for now. (Federal Aviation Administration 9/16/2001) The passengers and crew will have to remain on board for perhaps a couple of hours, until FBI agents allow them off (see 11:28 a.m.-12:23 p.m. September 11, 2001). (O'Mara 9/11/2006; Spencer 2008, pp. 270-271)
Conflicting Reports of Landing Time - Subsequent accounts will give conflicting times for when Delta 1989 lands at Cleveland Airport. According to a detailed timeline provided by the airport’s control tower, the aircraft is “on the ground” at 10:18 a.m. (Federal Aviation Administration 9/16/2001) Several accounts will give similar landing times of between 10:05 a.m. and 10:10 a.m. (Federal Aviation Administration 1/2/2002; Adams, Levin, and Morrison 8/13/2002) But a NORAD official will tell the 9/11 Commission that Delta 1989 landed at 9:47 a.m. (9/11 Commission 5/23/2003) Other accounts will say it lands at between 10:33 a.m. and 10:45 a.m. (Singer 9/11/2001; Singer 9/11/2001; Federal Aviation Administration 9/17/2001 pdf file)

Jon Treacy.Jon Treacy. [Source: US Air Force]Otis Air National Guard Base in Cape Cod, Massachusetts, receives the order from NORAD’s Northeast Air Defense Sector (NEADS) to launch all its available fighter jets.
Commander Briefs Pilots - A number of Otis pilots that were recalled from a training mission about an hour earlier (see (9:25 a.m.-9:45 a.m.) September 11, 2001) and other pilots that have recently come to the base from their homes are gathered in front of the operations desk. Squadron commander Lieutenant Colonel Jon Treacy tells them: “This is what we know. This is clearly a national emergency. Two aircraft have been hijacked and flown into the World Trade Center. The Pentagon has been attacked. We need to get all our jets ready to go because we’re not sure where this is heading. We have information that there are more coming.” He instructs the pilots: “You must be prepared to meet any surprise.… You may be taking out an airliner. You must engage. You cannot fail. Our nation is relying on us.” He gives them their assignments, saying whether they are required to fly now or whether they will be needed later on, to take over when other pilots have landed.
Launch Order Received - Just after Treacy finishes giving his briefing, someone comes into the room yelling out that NEADS has called the base with important orders. The person says, “We have to get everything we have airborne now!” (Spencer 2008, pp. 244-245) NEADS started contacting Air National Guard bases around the Northeast US by about 10:00 a.m., with the instruction to get their fighters airborne (see (Between 9:50 a.m. and 10:00 a.m.) September 11, 2001). (Sallah and Mahr 12/9/2001; Spencer 2008, pp. 180)
Pilots Head Out, but Most Jets Not Yet Armed - Treacy yells at his men, “Go, go, go!” and then the pilots run out to their aircraft. But, according to author Lynn Spencer, since the time the group of pilots returned from their training mission, “there has not been time to do much more than fuel their jets.” Most of the base’s fighters “are still unarmed. Despite the furious pace of the weapons handlers, only a handful of jets have been uploaded with some armament.” The first two F-15s that take off from Otis Air Base in response to the NEADS order will both be unarmed (see (10:30 a.m.) September 11, 2001). (Spencer 2008, pp. 245-246) Another two F-15s will take off shortly after them with their guns loaded, but one of them will have only one missile loaded instead of two (see (Shortly After 10:30 a.m.) September 11, 2001). (Lehmert 9/11/2006; Richard 2010, pp. 15-16, 18) Two F-15s that are kept on alert at Otis Air Base took off at 8:46 a.m. in response to the hijacking of Flight 11 (see 8:46 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 20)

The Moncton Area Control Center.The Moncton Area Control Center. [Source: Nav Canada]Colin Scoggins, the military liaison at the FAA’s Boston Center, contacts NORAD’s Northeast Air Defense Sector (NEADS) and a Canadian air traffic control facility, to let them know that the Boston Center is shutting down its airspace and being evacuated, due to a possible airborne threat.
Scoggins Does Not Immediately Evacuate - The Boston Center in Nashua, New Hampshire, has just received a call from the FAA’s New England regional office, alerting it to an unidentified aircraft heading its way. In response, the center’s managers ordered the evacuation of the facility (see (Shortly After 10:20 a.m.) September 11, 2001) and declared “ATC zero,” which completely shuts down the center’s airspace (see (Shortly After 10:20 a.m.) September 11, 2001). But while others leave the building, Scoggins stays behind to make two phone calls.
Scoggins Calls Canadian Facility and NEADS - His first call is to the Moncton Center, which is the Canadian air traffic control facility that handles flights arriving from over the Atlantic. He tells a supervisor there, “We’re going to ATC zero and evacuating.” Scoggins then calls NEADS with the same information. He says: “I wanted to let you know, Boston Center has declared ATC zero and we are evacuating due to an airborne threat. It’s approaching Martha’s Vineyard and it’s coming our way.” Before hanging up, he gives NEADS the speed and coordinates of the approaching aircraft. Scoggins then heads out of the building. According to the account of author Lynn Spencer, Scoggins’s call prompts NEADS to immediately call Otis Air National Guard Base in Cape Cod, Massachusetts, and order it: “Get everything you’ve got in the air! Now!” (see (10:20 a.m.) September 11, 2001).
FBI and SWAT Teams Surround Center - By the time Scoggins is outside the Boston Center, FBI and SWAT teams are surrounding the facility. Scoggins will later recall that he sees the “Nashua SWAT team in the parking lot with automatic weapons, [and] the FBI running with the audio tapes with Bob Jones [a quality assurance specialist at the Boston Center] by their side.” (Federal Aviation Administration 9/20/2001; Spencer 2008, pp. 243-245) (The FBI reportedly arrived at the Boston Center “minutes after Flight 11 crashed into the World Trade Center,” and seized tape recordings of radio transmissions from the hijacked plane (see Soon after 8:46 a.m. September 11, 2001). (Clayton 9/13/2001) )
Scoggins Tracking Other Unidentified Plane - Before the Boston Center received the call from the FAA regional office about the approaching aircraft, Scoggins was tracking another unidentified target on his radar screen: a slow-moving aircraft also flying toward the center from the east (see (10:20 a.m.) September 11, 2001). Whether he alerts NEADS to that aircraft when he calls it is unclear. (Spencer 2008, pp. 242-243)

United Airlines contacts American Airlines and notifies it of the crash of Flight 93. (9/11 Commission 8/26/2004, pp. 47) Flight 93 crashed in Pennsylvania shortly after 10:00 a.m. (see (10:06 a.m.) September 11, 2001). United Airlines received confirmation of this by 10:15 (see (10:07 a.m.-10:15 a.m.) September 11, 2001).

Brigadier General Montague Winfield finally returns to his post as the deputy director for operations (DDO) in the National Military Command Center (NMCC) at the Pentagon, after leaving a colleague, who only recently qualified to take over the position, to stand in for him throughout the terrorist attacks. (9/11 Commission 4/29/2004 pdf file; 9/11 Commission 6/17/2004) At 8:30 a.m. Winfield left his post to attend a pre-scheduled meeting that was unrelated to the morning’s attacks and had been convened by the Air Force. Since that time, Captain Charles Leidig has replaced him as the DDO (see 8:30 a.m. September 11, 2001). Leidig, the deputy for Command Center operations, only qualified to stand in as the DDO in the NMCC about a month ago. Even though officers in the NMCC realized the US was under terrorist attack when the second plane hit the World Trade Center at 9:03 a.m., Winfield did not return to his post at that time (see (Shortly After 9:03 a.m.) September 11, 2001). (9/11 Commission 7/21/2003 pdf file; 9/11 Commission 4/29/2004 pdf file; 9/11 Commission 6/17/2004 pdf file)
Winfield Returns to His Post, but Timing Unclear - Now Winfield finally relieves Leidig and resumes his duties as DDO. This happens after Flight 93 has crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001), although the exact time is unclear. In a private interview with the 9/11 Commission, Leidig will say he is “certain that Winfield returned [from the meeting] after the Pentagon was hit” at 9:37 a.m. (see 9:37 a.m. September 11, 2001), but he “is not certain of Winfield’s arrival in relationship with the vice chairman” of the Joint Chiefs of Staff, General Richard Myers. (9/11 Commission 4/29/2004 pdf file) (According to the 9/11 Commission Report, Myers arrived at the NMCC shortly before 10:00 a.m. (see (Between 9:55 a.m. and 10:25 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 38) ) Winfield then takes over as DDO “at some point in relation to the report of the Pennsylvania crash,” according to Leidig. As the 9/11 Commission will point out, since the crash of Flight 93 happened around 10:03 a.m., “any reporting would be after that time.” (9/11 Commission 4/29/2004 pdf file) During a public hearing of the 9/11 Commission, Leidig will similarly say that Winfield takes over from him “[r]ight after we resolved what was going on with United 93.” He will also say that a report over the NMCC’s air threat conference at 10:37 a.m., about an anonymous threat against Air Force One (see (10:32 a.m.) September 11, 2001), occurs “right after I was relieved on the watch by General Winfield.” (9/11 Commission 6/17/2004) This would indicate that Winfield takes over from Leidig at around 10:30 a.m.
Unclear If Winfield Returns to Post Immediately after Meeting - It is also unclear whether Winfield returns to his position as DDO immediately after leaving the Air Force-convened meeting, or he allowed Leidig to continue in his place even while he was available to resume his duties. A 9/11 Commission memorandum will state, “Winfield transitioned into the position [of DDO] upon his return to the NMCC,” following the meeting. (9/11 Commission 7/21/2003 pdf file) Leidig will recall that he “looked up at one point and General Winfield was standing next to him.” He will also recall that Myers “looked at him at one time and realized the coordinator [i.e. the DDO] was not a general as the position called for, and asked who the general or admiral was that had duty that day.” The guidance that was subsequently given was “to get General Winfield briefed up and in the chair.”
Leidig Listens to Conference before Returning to Post - After Winfield returns to his position as DDO, Leidig initially “stands next to him and listens to the [NMCC’s air threat] conference.” Leidig will then transition into his regular job, which involves making sure the NMCC operates properly, and start dealing with the smoke coming into the center and other issues effecting operations there. (9/11 Commission 4/29/2004 pdf file)

Two F-15s take off from Otis Air National Guard Base in Massachusetts, becoming the second pair of fighter jets to take off from the base after NORAD’s Northeast Air Defense Sector (NEADS) ordered it to launch all of its available aircraft. (9/11 Commission 10/14/2003 pdf file; Spencer 2008, pp. 245-246; Richard 2010, pp. 18) The fighters belong to the 102nd Fighter Wing, which is based at Otis Air Base, and are piloted by Major Martin Richard and Major Robert Martyn. (102nd Fighter Wing 2001; Lehmert 9/11/2006) The 102nd Fighter Wing launched its two F-15s that are kept on “alert”—ready for immediate takeoff—at 8:46 a.m., in response to the hijacked Flight 11 (see 8:46 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 20) Another two of the unit’s F-15s have just taken off (see (10:30 a.m.) September 11, 2001). (Spencer 2008, pp. 245-246) Richard is one of several 102nd Fighter Wing pilots who were out for a training mission over the Atlantic Ocean earlier this morning (see (9:00 a.m.-9:24 a.m.) September 11, 2001). The pilots were called back to their base following the attacks in New York (see (9:25 a.m.-9:45 a.m.) September 11, 2001). It is unclear whether Martyn also participated in the training. (Lehmert 9/11/2006)
Pilot Doesn't Know What Is Going On - After landing back at Otis Air Base, Richard headed into the operations building and phoned his wife. He told her, “I don’t know what’s going on, but I am going flying.” Richard will later recall: “My feelings were of trepidation. I didn’t know what was going on and didn’t know what the two scrambled aircraft [i.e. the two fighters launched from his base in response to Flight 11] were doing.” Richard and Martyn had then been called to the operations desk, where Lieutenant Colonel Jon Treacy, their unit’s supervisor of flying, told them they would be flying two of the first four fighters to be subsequently taking off from the base. (102nd Fighter Wing 2001; Richard 2010, pp. 14-15) Around that time, NEADS called the unit and instructed it to launch all of its available fighters, and the pilots had then been sent out to their aircraft (see (10:20 a.m.) September 11, 2001). (Spencer 2008, pp. 245)
Fighter Only Has One Missile Loaded - When he arrived at his fighter, Richard found Technical Sergeant Matthew Jackson loading the second of two AIM-9 heat-seeking missiles onto it. Dennis Mills, the crew chief, told Richard that his plane was fueled up and had a “hot gun with bullets,” meaning the 20mm gun was loaded and armed for use. Richard, who was impatient to get airborne, instructed Jackson to not bother loading the second missile onto his aircraft.
Intelligence Officer Warns of Eight Suspicious Aircraft - Then, Sergeant Joe Kelleher, the unit’s intelligence specialist, arrived, out of breath. Kelleher said: “There are up to eight airliners airborne with bombs on board. We know of an American [Airlines] jet out of Dulles [International Airport] and a United [Airlines] jet. I think you are going after the United jet.” The United Airlines aircraft he referred to, according to Richard, was Flight 93. (Richard 2010, pp. 15-16) However, this plane crashed in Pennsylvania shortly after 10:00 a.m. (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 30) Richard will comment, “We were finding out real-time what the actual air picture was, and the information was not accurate.” Kelleher continued: “They are turning jets away from Europe and the rumor is some have crashed because they’ve run out of fuel. It’s friggin’ chaos!”
Fighters Take Off from Base - In their fighters, Richard and Martyn now taxi to the runway and take off from Otis Air Base. While climbing to altitude, Richard keeps his fighter’s engines in afterburner so as to gather the most speed he can. (Richard 2010, pp. 16, 18) Richard and Martyn will be directed to intercept a C-130 military cargo plane (see (After 10:35 a.m.) September 11, 2001), and will subsequently be sent over New York to intercept and identify aircraft there (see (11:00 a.m.-6:00 p.m.) September 11, 2001). (102nd Fighter Wing 2001; Lehmert 9/11/2006; Roughton 9/3/2011)

Russian President Vladimir Putin phones the White House, wanting to speak with the US president. With Bush not there, Condoleezza Rice takes the call. Putin tells her that the Russians are voluntarily standing down a military exercise they are conducting, as a gesture of solidarity with the United States. (Balz and Woodward 1/27/2002) The Russian exercise began on September 10 in the Russian arctic and North Pacific oceans, and was scheduled to last until September 14. (North American Aerospace Defense Command 9/9/2001; Gertz 9/11/2001) It involved Russian bombers staging a mock attack against NATO planes that are supposedly planning an assault on Russia. (BBC 2001, pp. 161) Subsequently, Putin manages to talk to Bush while he is aboard Air Force One (see (After 11:15 a.m.) September 11, 2001).

A Secret Service agent at the White House calls the District of Columbia Air National Guard (DCANG) at Andrews Air Force Base, near Washington, and asks it to launch fighter jets immediately. According to author Lynn Spencer, a report has been received at the White House from the FAA “that there are three planes unaccounted for,” and the Secret Service has therefore determined “it needs fighters up now.” It calls the DCANG to request these jets. (Spencer 2008, pp. 236) Apparently around the same time, the DCANG receives a call from someone else at the White House—presumably another Secret Service agent—declaring the Washington area “a free-fire zone.” Lieutenant Colonel Marc Sasseville, one of the DCANG pilots, will later comment, “That meant we were given authority to use force, if the situation required it, in defense of the nation’s capital, its property, and people.” (Scott 9/9/2002) Between 10:38 a.m. and 11:11 a.m., five DCANG fighter jets will take off from Andrews to defend Washington (see (10:38 a.m.) September 11, 2001, 10:42 a.m. September 11, 2001, and 11:11 a.m. September 11, 2001). (9/11 Commission 2004; 9/11 Commission 2/17/2004; Vogel 2007, pp. 446) The Secret Service contacted the DCANG several times earlier on, requesting that it launch fighters (see (Shortly After 9:04 a.m.) September 11, 2001, (Shortly After 9:33 a.m.) September 11, 2001, and (Shortly After 9:35 a.m.) September 11, 2001). (Filson 2003, pp. 78; 9/11 Commission 7/24/2004, pp. 465) Brigadier General David Wherley, the commander of the DC Air National Guard, has been on the phone with Secret Service agents at the White House, who have told him his jets should “turn away any airplane that attempts to fly within 20 miles of the Washington area,” and the pilots can use “whatever force is necessary” to prevent another aircraft hitting a building (see (10:15 a.m.) September 11, 2001 and (Between 10:16 a.m. and 10:35 a.m.) September 11, 2001). (9/11 Commission 8/28/2003; 9/11 Commission 7/24/2004, pp. 44; Spencer 2008, pp. 218)

Westover Air Reserve Base.Westover Air Reserve Base. [Source: Andrew Biscoe / US Air Force]Two fighter jets launched from Otis Air National Guard Base in Massachusetts intercept a C-130 military cargo plane returning to the US from England, which has failed to check in with air traffic controllers and whose pilot is apparently unaware of the crisis taking place in the United States. (102nd Fighter Wing 2001; Allocco 10/2001 pdf file; Richard 2010, pp. 19-20) The two F-15s, which belong to the 102nd Fighter Wing of the Massachusetts Air National Guard, are piloted by Major Martin Richard and Major Robert Martyn. They recently took off from Otis Air Base (see (Shortly After 10:30 a.m.) September 11, 2001) after NORAD’s Northeast Air Defense Sector (NEADS) ordered the base to launch all of its available fighters (see (10:20 a.m.) September 11, 2001). (Spencer 2008, pp. 245; Richard 2010, pp. 18)
Suspect Aircraft Has Not Checked in with FAA - NEADS now gives Richard the details of his first target, an aircraft that failed to check in with the FAA’s Boston Center as expected and is therefore under suspicion. Richard locks his radar to the target and passes on the details to Martyn, telling him the suspect aircraft is 38 miles northeast of them and at an altitude of 17,000 feet. The two fighters fly toward the aircraft at supersonic speed. They intercept it just east of Boston’s Logan International Airport, Richard will later recall. (Richard 2010, pp. 19-20) But according to a report written by the 102nd Fighter Wing’s historian, they intercept it 150 miles out over the Atlantic Ocean. (102nd Fighter Wing 2001) And according to the Westover Patriot, a military newspaper, they intercept it about 75 miles north of Springfield, Massachusetts. (Allocco 10/2001 pdf file)
Pilot Unaware of Attacks in the US - As Richard and Martyn close in on the aircraft, they see that it is a C-130 military transport plane. They take up positions just off its wings. The plane’s pilot is apparently unaware of the terrorist attacks in the US. Richard will describe, “The pilot sitting in the left seat of the C-130,” who is “enjoying his boxed lunch,” is “unaware that the world below was on fire.”
Fighters Signal to C-130 that It Has Been Intercepted - The pilot looks to the left and suddenly notices Richard’s fighter off his wing. Richard and Martyn then rock their wings, signifying to the pilot that his plane has been intercepted, and he acknowledges the signal by rocking his wings back. The pilot then contacts Richard and Martyn on the universal emergency radio frequency known as “guard,” which can be heard by all aircraft, regardless of what other frequency they are on. In a panicked voice he says, “F-15s intercepting the C-130 over Boston, state intentions.” Martyn tells him, “Contact [the FAA’s] Boston Center immediately.” Then, Richard will recall, “[W]e were off.” (Richard 2010, pp. 20)
C-130 Returning from England - The C-130 is from Texas and is returning to the US from England. It will subsequently land at Westover Air Reserve Base, Massachusetts. Its commander will comment, “I’d never had an escort like that before in my career.” (102nd Fighter Wing 2001; Allocco 10/2001 pdf file) Richard will reflect, “It was amazing to me that in the beginning moments of the most important mission of my life, our formation was scrambled to intercept a United States military C-130.” (Richard 2010, pp. 20-21) Richard and Martyn will subsequently be sent over New York to intercept and identify aircraft there (see (11:00 a.m.-6:00 p.m.) September 11, 2001). (102nd Fighter Wing 2001; Lehmert 9/11/2006; Roughton 9/3/2011)

Billy Hutchison.Billy Hutchison. [Source: Family photo]The first fighter jet to launch from Andrews Air Force Base, 10 miles southeast of Washington, takes off in response to the attacks. (9/11 Commission 6/17/2004; GlobalSecurity (.org) 1/21/2006) The F-16 belongs to the 121st Fighter Squadron, which is part of the 113th Wing of the District of Columbia Air National Guard, and is piloted by Major Billy Hutchison. It is one of three F-16s that were flying on a training mission in North Carolina, over 200 miles from Andrews (see 8:36 a.m. September 11, 2001), and which have finally been recalled to the base (see (9:30 a.m.) September 11, 2001 and (9:50 a.m.) September 11, 2001). (Scott 9/9/2002; Miles 5/12/2005) Although the three jets met with a refueling plane, they did not fill their tanks up completely. (Spencer 2008, pp. 216-217) Hutchison’s aircraft is the only one of them with enough fuel remaining to take off again immediately, though he only has 2,800 pounds, which is equivalent to one-eighth of a tank in a car. His jet has no missiles, and only training ammunition.
Pilot Takes Off, Instructed to Protect Washington - Immediately after landing at Andrews at 10:36 a.m., Hutchison takes off again at the instruction of Brigadier General David Wherley, the commander of the DC Air National Guard. He is instructed “to intercept an aircraft coming toward DC and prevent it from reaching DC,” he will later recall. (Vogel 4/8/2002; Filson 2003, pp. 79-81; 9/11 Commission 2/17/2004) According to author Lynn Spencer, Lieutenant Colonel Phil Thompson, the supervisor of flying (SOF) at Andrews, tells Hutchison to “use whatever force is necessary to prevent [the aircraft] from getting to DC.” Thompson adds: “You are weapons free. Do you understand?” “Weapons free” means the decision to shoot at a target now rests solely with Hutchison. (Spencer 2008, pp. 219) However, according to the 9/11 Commission, the “weapons free” instruction goes out to other pilots that launch from Andrews at 10:42 and after, but apparently not to Hutchison. (9/11 Commission 7/24/2004, pp. 44) Thompson will tell Aviation Week and Space Technology magazine simply that he instructs Hutchison “to ‘do exactly what [air traffic control] asks you to do.’ Primarily, he was to go ID [identify] that unknown [aircraft] that everybody was so excited about” (see (10:30 a.m.-10:40 a.m.) September 11, 2001). (Scott 9/9/2002) Hutchison takes off “without afterburner to conserve fuel, go across the White House over the Georgetown area and continue northwest up the Potomac,” he will recall (see 10:39 a.m.-10:45 a.m. September 11, 2001). (Filson 2003, pp. 81)
Conflicting Timelines - Conflicting times will later be given for when Hutchison takes off from Andrews. The pilots with the 121st Fighter Squadron will admit that their own recollection of the morning’s timeline “is fuzzy.” (Scott 9/9/2002) According to 113th Wing operations desk records, Hutchison takes off at 10:33 a.m. (Filson 2003, pp. 81, 89) Based on an interview with David Wherley, the 9/11 Commission states he is airborne at 10:38 a.m. (9/11 Commission 7/24/2004, pp. 44, 465) Recordings of air traffic controller transmissions confirm this time. (9/11 Commission 2004; 9/11 Commission 2/17/2004) But in her 2008 book Touching History, Lynn Spencer will claim Hutchison took off significantly earlier, some time after 9:50 but before Flight 93 crashed (which was just after 10:00 a.m.). (Spencer 2008, pp. 216-220) (However, she will later amend her claim, saying instead, “Radio data indicates that Hutchison’s flight did not depart from Andrews… until just after 10:35.” (Lynn Spencer 2008) ) Two more fighters will take off from Andrews at 10:42 a.m. (see 10:42 a.m. September 11, 2001) and another two take off at 11:11 a.m. (see 11:11 a.m. September 11, 2001). Due to his plane’s limited fuel, Hutchison will only be airborne for about 10 minutes, and he lands back at Andrews at 10:47 a.m. (see 10:47 a.m. September 11, 2001). (9/11 Commission 8/28/2003; 9/11 Commission 2004; 9/11 Commission 2/17/2004; Vogel 2007, pp. 446)
One Jet Landed Already - The first of the three F-16s to return from the training mission over North Carolina landed at Andrews at 10:14 a.m., but did not take off again to defend Washington (see 10:14 a.m. September 11, 2001). The other F-16, piloted by Lou Campbell, landed with Hutchison’s jet at 10:36 a.m. (9/11 Commission 2004; 9/11 Commission 2/17/2004; 9/11 Commission 2/27/2004) The 113th Wing is not part of NORAD’s air sovereignty force and, according to the 1st Air Force’s book about 9/11, does not have an alert mission. (Filson 2003, pp. 76) According to Phil Thompson, “We’ve never been an air defense unit,” but “We practice scrambles, we know how to do intercepts and other things.” (Scott 9/9/2002)

Having taken off after returning from a training mission, a pilot with the District of Columbia Air National Guard (DCANG) flies two loops up the Potomac River, reversing course near Georgetown and the Pentagon, but is unable to locate a suspicious approaching aircraft, and heads back to base less than 10 minutes after launching. (Scott 9/9/2002; 9/11 Commission 2/17/2004; 9/11 Commission 2/27/2004; 9/11 Commission 3/11/2004 pdf file; Spencer 2008, pp. 219-221)
No Rules of Engagement - Major Billy Hutchison, a pilot with the 121st Fighter Squadron of the DCANG, had landed back at Andrews Air Force Base, 10 miles from Washington, but was ordered to take off again immediately (see (10:38 a.m.) September 11, 2001). (Scott 9/9/2002) His plane has no missiles, and only training ammunition, and he has been given no specific rules of engagement other than being told to identify an aircraft that is coming down the river. (Vogel 4/8/2002; 9/11 Commission 3/11/2004 pdf file; Vogel 2007, pp. 446) Because the DCANG is not in the communication and command loops of NORAD or its Northeast Air Defense Sector (NEADS), Hutchison is unaware that three fighter jets NEADS ordered into the air from Langley Air Force Base (see 9:24 a.m. September 11, 2001) are also flying over Washington, albeit at a much higher altitude than he is. (Vogel 4/8/2002; Scott 9/9/2002; 9/11 Commission 2/27/2004)
Controller Directs Hutchison - Hutchison calls the Terminal Radar Approach Control (TRACON) at Washington’s Reagan National Airport. He says, “Bully 1 [his call sign] is looking for a contact.” Victor Padgett, the operations supervisor at the TRACON, replies, “We have an intercept for you northwest of here and coming down the Potomac.” (Spencer 2008, pp. 219) Hutchison knows he is meant to be searching for a civilian aircraft, and will later recall that he is told it is coming from Pennsylvania. (9/11 Commission 2/27/2004) In order to conserve fuel and gain airspeed, he flies low over the White House and Georgetown, reportedly staying between 500 and 1,000 feet above ground level. (Scott 9/9/2002; Spencer 2008, pp. 219) After Padgett gives him details of the approaching aircraft’s location, Hutchison spots it on his jet’s radar screen, but it quickly disappears. The aircraft reappears a minute later, but then both Hutchison and Padgett lose sight of it.
Aircraft Claimed to Be Flight 93 - Some accounts will suggest the approaching aircraft is thought to be Flight 93 (see (10:30 a.m.-10:40 a.m.) September 11, 2001), even though that plane has already crashed (see (10:06 a.m.) September 11, 2001). (Vogel 4/8/2002; Spencer 2008, pp. 219-221) Hutchison will later recall that the TRACON at Reagan Airport is “frantic with what they seem to think are aircraft coming their way.… There is another aircraft, and it’s United Flight 93. They… apparently have been given information that it’s coming their way.” (Filson 2003, pp. 81) Major David McNulty, the senior intelligence officer of the DCANG, will recall, “[I]t wasn’t until later that they realized the plane [coming down the river] might be UAL 93.” (9/11 Commission 3/11/2004 pdf file) However, John Farmer, John Azzarello, and Miles Kara, who are all staff members of the 9/11 Commission, subsequently rebut this claim. They will write: “[R]adar records of the day [of 9/11] indicate that Major Hutchison did not take off until more than a half-hour after United 93 had crashed near Shanksville, PA, and a good 20 minutes after the wreckage had been located. He could not have seen United 93 on his scope, and could not have intercepted it.” (Farmer, Azzarello, and Kara 9/13/2008)
Told to Investigate Other Aircraft - After the aircraft disappears off Hutchison’s radar screen, Dan Creedon, an air traffic controller at the TRACON at Reagan Airport, is concerned about planes and helicopters that are taking off and landing across Washington, and tells Hutchison, “We have more contacts!” Hutchison confirms that he will investigate the targets Creedon alerts him to, but he keeps losing them among the ground clutter on his radar screen. According to author Lynn Spencer, “The flights are too close to the surface and, from what he can see, appear to be mostly helicopters flying medevac from the Pentagon.”
Flies over the Pentagon - Hutchison, who’d noticed the burning Pentagon before he landed at Andrews Air Force Base (see (9:50 a.m.) September 11, 2001), then decides he should investigate it. He descends and flies a steep turn over the Pentagon. (Spencer 2008, pp. 234-235) He will later recall: “I circled at a couple of hundred feet at the most just to, one, investigate, and two, give the people on the ground some semblance of security of an American fighter coming by. And apparently it changed the mood for a lot of people when they saw that” (see (10:40 a.m.) September 11, 2001).
Running out of Fuel - By now, Hutchison is almost out of fuel. He will recall, “After that point, I’m emergency fuel, the lowest I’ve ever been in an F-16, and tell [the FAA’s] Washington Center I must leave, and they say I’m cleared to return to base and that two more aircraft are coming out of Andrews.” (Filson 2003, pp. 81-82) Hutchison will land at Andrews at 10:47 a.m. (see 10:47 a.m. September 11, 2001). (9/11 Commission 2004; 9/11 Commission 2/17/2004)

Mike Walter.Mike Walter. [Source: CNN]According to a number of witnesses on the ground, a US Air Force F-16 flies low over the Pentagon at this time; apparently becoming the first fighter to arrive over the scene of the third attack. (Garamone 10/11/2001; Creed and Newman 2008, pp. 130-131) Firefighters and other emergency responders at the Pentagon recently evacuated away from the crash site, due to reports of another supposedly hijacked aircraft flying toward Washington (see (10:15 a.m.-10:38 a.m.) September 11, 2001). (US Department of Health and Human Services 7/2002, pp. A30 pdf file)
bullet Steve Carter, the assistant building manager, is in the Pentagon’s center courtyard, expecting this plane to hit the building. He then sees an F-16 zoom “low and fast over the courtyard.” (Creed and Newman 2008, pp. 130)
bullet On Washington Boulevard, where many fire and rescue personnel relocated during the evacuation, cheers go up when the F-16 flies over. Firefighter Mike Smith shouts out: “Thank God that guy’s there! Where has he been?” (Creed and Newman 2008, pp. 130-131)
bullet Lieutenant Commander Dale Rielage will recall that an “arriving combat air patrol F-16 thundered overhead” after the alleged second hijacked plane was said to be approaching the Pentagon. (Rielage 11/1/2002)
bullet John Jester, the chief of the Defense Protective Service, which guards the Pentagon, says that, following the evacuation, “It wasn’t until an F-15 fighter jet crossed in the sky that we realized the danger had passed.” (Murphy 2002, pp. 246-247)
bullet USA Today reporter Mike Walter, who has been at the Pentagon since the attack there, recalls that, after the evacuation, an “F-16 came screaming by the Pentagon, and people cheered.” (People 9/24/2001)
bullet Staff Sergeant Edwin Rotger Jr. will also describe seeing fighters arriving over the Pentagon at this time. However, he says there are two of them, not one. (Office of Medical History 9/2004, pp. 49)
bullet According to the New York Times, “witnesses, including a reporter for the New York Times who was headed toward the building, did not see any [fighter jets over the Pentagon] until closer to 11 [o’clock].” (Sanger and van Natta 9/16/2001)
According to some accounts, the fighter that flies over the Pentagon at this time is Major Billy Hutchison’s F-16 from Andrews Air Force Base (see (10:38 a.m.) September 11, 2001). (Spencer 2008, pp. 235) Hutchison will recall, “I circled at a couple of hundred feet at the most just to, one, investigate, and two, give the people on the ground some semblance of security of an American fighter coming by” (see 10:39 a.m.-10:45 a.m. September 11, 2001). (Filson 2003, pp. 81-82) However, some accounts contradict this. Major Dean Eckmann, from Langley Air Force Base, suggests his F-16 is the first to fly over the Pentagon, and this was at some time shortly after 9:45 a.m. (see (9:45 a.m.) September 11, 2001). He will say: “I heard stories that people went back in [the Pentagon] after seeing me fly over to help others out.… Now they knew they were safe.” (Filson 2003, pp. 66) Other accounts similarly suggest that the first fighter jet (or jets) arrived over the Pentagon significantly earlier than is described by the witnesses on the ground, between 9:49 and 10:00 a.m. (see (Between 9:49 a.m. and 11:00 a.m.) September 11, 2001). (CNN 9/17/2001; 9/11 Commission 8/26/2004, pp. 34)

Heather Penney Garcia.Heather Penney Garcia. [Source: Johnathon Orrell]Two F-16 fighter jets belonging to the District of Columbia Air National Guard (DCANG) take off from Andrews Air Force Base, near Washington, but they have no missiles and only training bullets for their guns. The pilots are Lieutenant Colonel Marc Sasseville and Lieutenant Heather Penney Garcia. (Filson 2003, pp. 82; 9/11 Commission 2004; Vogel 2007, pp. 446)
Possibly Given Shootdown Authorization - Before they headed to their jets, Sasseville and Penney Garcia were given a short briefing by Brigadier General David Wherley, the commander of the DC Air National Guard. Wherley will later recall telling Sasseville that he has “weapons free flight-lead control,” meaning he is responsible for deciding whether to fire on hostile aircraft (see (Between 9:40 a.m. and 10:35 a.m.) September 11, 2001). (Filson 2003, pp. 82; 9/11 Commission 7/24/2004, pp. 44; Vogel 2007, pp. 446) But Sasseville will say he does not recall receiving any such rules of engagement until after he has taken off. (9/11 Commission 3/8/2004 pdf file)
Jets Only Have Training Ammunition - The two pilots run out to their jets and climb into the cockpits. But their F-16s are armed only with “hot” guns and 511 rounds of non-explosive training practice (TP) ammunition. According to Sasseville: “They had two airplanes ready to go, and were putting missiles on numbers three and four. Maintenance wanted us to take the ones with missiles, but we didn’t have time to wait on those.”
Rookie Pilot 'Never Scrambled Before' - Penney Garcia, who is a rookie pilot, will later say: “I’d never scrambled before, I’d never done this. I was screaming to the maintainers to pull the chocks, and the guys were pulling the pins to arm the guns. We were going without INS [inertial navigation system].” Sasseville and Penney Garcia are airborne about six minutes after reaching their jets. They are unaware that fighters launched from Langley Air Force Base are also flying over Washington, at around 20,000 feet (see (Between 9:49 a.m. and 11:00 a.m.) September 11, 2001). (Scott 9/9/2002; Filson 2003, pp. 82)
Told to Look for Hijacked Plane - Over their radios, Sasseville and Penney Garcia receive instructions from their squadron to look for a hijacked aircraft approaching from the northwest and heading toward Georgetown (see (10:30 a.m.-10:40 a.m.) September 11, 2001). But, Sasseville will later recall, “We didn’t know what we were looking for—how high he was coming, or low, or where he was going.” (Vogel 2007, pp. 446) He will say, “I don’t have the whole picture, but have word from Washington National Approach that something is coming.”
Pilot 'Making Things Up on the Fly' - The two jets will fly over Washington at low altitudes, around 5,000 or 6,000 feet. Sasseville will later say, “I didn’t want to get too low for a good radar angle, and not too high, so we could get somewhere fast.” He will admit that he is “making things up on the fly,” as he has no precedent to draw upon. (Scott 9/9/2002; Filson 2003, pp. 82) Another DCANG pilot, Billy Hutchison, launched from Andrews four minutes before Sasseville and Penney Garcia take off, but he is airborne for less than 10 minutes (see (10:38 a.m.) September 11, 2001 and 10:47 a.m. September 11, 2001). The next DCANG jets to take off, which will be armed with missiles, launch at 11:11 a.m. (see 11:11 a.m. September 11, 2001). (9/11 Commission 2004; 9/11 Commission 2/17/2004; Vogel 2007, pp. 446)

The first fighter jet that launched from Andrews Air Force Base, just outside Washington, in response to the morning’s attacks lands at its base less than 10 minutes after taking off. (9/11 Commission 2004; 9/11 Commission 2/17/2004) The F-16, which is piloted by Major Billy Hutchison, was ordered to take off immediately after arriving back at Andrews from a training mission in North Carolina (see (10:38 a.m.) September 11, 2001). Hutchison has made two loops up the Potomac River, and flown over the burning Pentagon (see 10:39 a.m.-10:45 a.m. September 11, 2001). (Scott 9/9/2002; Spencer 2008, pp. 235) His aircraft had only 2,800 pounds of fuel—equivalent to one-eighth of a tank in a car—remaining when he took off, and he’d subsequently noticed his fuel gauge pegged at the lowest level it can indicate, 400 pounds. He announced to the air traffic controller he was communicating with, “I’ve got to go.” (Filson 2003, pp. 79; Spencer 2008, pp. 248) Hutchison will later recall that his plane is “on vapors” when he lands. (9/11 Commission 2/27/2004) By now, two more F-16s have taken off from Andrews (see 10:42 a.m. September 11, 2001). (Filson 2003, pp. 82; Vogel 2007, pp. 446) Hutchison’s jet is refueled and loaded with weapons, and he will then take off again to defend Washington. (9/11 Commission 2/27/2004; Spencer 2008, pp. 249)

Two F-15 fighter jets from Otis Air National Guard Base, Massachusetts, patrol the airspace over New York, first assisting and then later replacing another pair of F-15s that arrived over the city earlier on. (9/11 Commission 10/14/2003 pdf file; Lehmert 9/11/2006; Richard 2010, pp. 25-26, 88) The two fighters belong to the 102nd Fighter Wing, and are piloted by Major Martin Richard and Major Robert Martyn. They took off from Otis Air Base at around 10:30 a.m. (see (Shortly After 10:30 a.m.) September 11, 2001) and have already intercepted a military cargo plane that was returning to the US from England (see (After 10:35 a.m.) September 11, 2001). (102nd Fighter Wing 2001; Allocco 10/2001 pdf file; 9/11 Commission 10/14/2003 pdf file; Richard 2010, pp. 18-20)
Fighters Directed toward New York - The fighters were flying southwest toward New York when their pilots received orders from NORAD’s Northeast Air Defense Sector (NEADS), instructing them to “continue southwest and set up a combat air patrol over bull’s-eye.” “Bull’s-eye”—the reference point from which all positional reporting originates—had been set as the location of the now-collapsed World Trade Center towers. The fighters therefore continued toward the city.
FAA's New York Center Does Not Respond to Communication - Richard and Martyn tried checking in with the FAA’s New York Center, but received no reply. NEADS therefore instructed them to instead check in with the FAA’s New York Terminal Radar Approach Control. As they were flying to New York, NEADS also told the two pilots that their mission was “to intercept, divert, or, if unsuccessful in those, to call them for authorization to shoot down” aircraft. Richard will later comment, “That certainly got our attention.” (102nd Fighter Wing 2001; Richard 2010, pp. 24)
Fighters Join Two Aircraft Already over New York - Two fighters that took off from Otis Air Base at 8:46 a.m. in response to the hijacked Flight 11 (see 8:46 a.m. September 11, 2001), piloted by Lieutenant Colonel Timothy Duffy and Major Daniel Nash, arrived over New York earlier in the morning (see 9:25 a.m. September 11, 2001 and (9:45 a.m.-10:45 a.m.) September 11, 2001) and established a combat air patrol over the city. (9/11 Commission 7/24/2004, pp. 20, 24; Viser 9/11/2005) Richard and Martyn arrive, joining these two fighters over New York, at approximately 11:00 a.m., Nash will say. (9/11 Commission 10/14/2003 pdf file)
Fighters Set Up a 'Point Defense' around New York - Martyn then calls Duffy over the radio. Referring to his own fighter by its call sign, Martyn says, “Panta one is on station at 15,000 feet.” Duffy instructs him, “Panta one, orbit over bull’s-eye and stand by.” Richard will describe the tactic the four fighters then employ, writing: “Duff decided to set up a point defense around the city.… Ground Zero was our reference point and the targets in the area were called out in reference to it.… Since we were flying in a void of actionable information, we decided that the most effective way to win this battle was to let the enemy come to us.” (Richard 2010, pp. 25-26) While Duffy and Nash fly about 10,000 feet above New York, Richard and Martyn fly at around 18,000 feet. (Nash 10/2/2002)
Fighters Intercept and Identify Aircraft - Richard will recall that he and Martyn “darted around the city, chasing down airliners, helicopters, and anything else in the air,” making sure that “everything in the air was visually identified, intercepted, and guided to land at the closest airfield.” (Richard 2010, pp. 36) They spend several hours identifying helicopters that have no flight plans and are heading for Ground Zero. Many of these helicopters belong to organizations that want to help, and are there to provide relief and aid. (102nd Fighter Wing 2001; Richard 2010, pp. 74) When necessary, the two fighters are able to refuel from a KC-135 tanker plane that is orbiting above them at 20,000 feet.
Fighters Replaced by Other Aircraft from Otis Air Base - After Duffy and Nash head back to Otis Air Base (see (2:15 p.m.) September 11, 2001), Richard and Martyn continue clearing the skies over New York and eastern New Jersey. Richard will describe the following few hours as “mostly boredom interspersed with moments of sheer terror.” (Richard 2010, pp. 72, 74, 88) Richard and Martyn finally return to Otis Air Base at around 6:00 p.m. (102nd Fighter Wing 2001) Another two F-15s belonging to the 102nd Fighter Wing take their place patrolling the airspace above New York. These fighters are flown by pilots that Richard will only refer to by their nicknames, “Psycho Davis” and “Doo Dah Ray.” These pilots participated, along with Richard, in a training mission over the Atlantic Ocean early this morning (see (9:00 a.m.-9:24 a.m.) September 11, 2001). (Richard 2010, pp. 88)

Weapons load crew members from the District of Columbia Air National Guard arming an F-16 on September 11.Weapons load crew members from the District of Columbia Air National Guard arming an F-16 on September 11. [Source: Corensa Brooks / District of Columbia Air National Guard] (click image to enlarge)Two District of Columbia Air National Guard (DCANG) fighter jets take off from Andrews Air Force Base, near Washington, to defend the capital, the first DCANG planes to launch armed with missiles as well as bullets. (Scott 9/9/2002; 9/11 Commission 2004; 9/11 Commission 2/17/2004; 9/11 Commission 3/11/2004 pdf file) The two F-16s are piloted by Captain Brandon Rasmussen and Major Daniel Caine. (Scott 9/9/2002) Although Caine was his unit’s supervisor of flying (SOF) this morning, he decided earlier on that he was going to get airborne, and so Lieutenant Colonel Phil Thompson has taken his place as SOF (see (Shortly After 9:35 a.m.) September 11, 2001). (Filson 2003, pp. 76; Spencer 2008, pp. 184)
Commander Supposedly Gave Shootdown Authority - As Caine and Rasmussen were passing the SOF area on the way to their fighters, they were quickly briefed by Brigadier General David Wherley, the commander of the DC Air National Guard. Wherley had by then received instructions from the Secret Service for his fighter jets to follow (see (10:15 a.m.) September 11, 2001 and (Between 10:16 a.m. and 10:35 a.m.) September 11, 2001). According to author Lynn Spencer, he told the two pilots: “You need to establish a CAP [combat air patrol] over Washington. Intercept any incoming aircraft 60 miles out and use whatever force necessary to keep it from targeting buildings downtown.” Wherley said, “You will be weapons free,” which means the decision whether to fire on a hostile aircraft rests with the lead pilot, and added, “Just be careful.” (9/11 Commission 7/24/2004, pp. 44; Spencer 2008, pp. 238) However, Rasmussen will contradict this account, saying that once he is airborne, “we still haven’t been told, ‘You are clear to engage anybody.’ They just said, ‘Get airborne as quick as you can.’” But while the two pilots were getting suited up ready to fly, Caine, who will be the flight lead, had reassured Rasmussen that he would take responsibility for firing on any hostile planes. He’d said: “Whatever you do, don’t be the first one to shoot.… Let me be the first one to shoot, if it comes to that, and then do what I do.” (Rasmussen 9/18/2003)
Fighters Loaded with Missiles - Three DCANG jets took off from Andrews earlier on, but none of them were armed with missiles (see (10:38 a.m.) September 11, 2001 and 10:42 a.m. September 11, 2001). (Vogel 2007, pp. 446) Missiles were loaded onto Caine and Rasmussen’s F-16s while they were sitting in the cockpits. (Scott 9/9/2002) Rasmussen will later recall that “we were probably 20 to 30 minutes behind” the previous two jets to launch, “because they were loading heat-seeking missiles on the aircraft.… Once they armed us up, we just rolled right down the runway and blasted off.” The jets take off with hot guns and two AIM-9 Sidewinder missiles each. According to Rasmussen, this is the first time he has flown with live missiles. He will say, “I had never flown with real missiles and had never so much as seen them on the jet.”
Communicate with FAA Controllers - After taking off, Caine and Rasmussen communicate with the FAA’s Washington Center, “primarily to control us and give us an idea of the air picture,” according to Rasmussen. The Washington Center normally controls all of the air traffic in the area. However, its controllers are not trained as weapons controllers. Rasmussen will say: “[W]e’re used to working with AWACS [Airborne Warning and Control System] weapons controllers or GCI [ground control intercept].” GCI is “a ground-based radar facility with weapons controllers who will give you the tactical air picture; control and coordinate who is targeting what aircraft; and run the air war that way.” (Filson 2003, pp. 84; Rasmussen 9/18/2003)
Airborne for 3-4 Hours - DCANG pilot Marc Sasseville, who took off at 10:42 a.m., was initially the CAP commander, but Caine takes over this responsibility from him once he is in the air. (9/11 Commission 3/8/2004 pdf file; Vogel 2007, pp. 446) Caine and Rasmussen will remain airborne for three or four hours, which is at least twice as long as the usual maximum duration for an air-to-ground sortie, of about an hour and a half. (Rasmussen 9/18/2003)

Russian President Vladimir Putin phones President Bush while he is aboard Air Force One. Putin is the first foreign leader to call Bush following the attacks. He earlier called the White House to speak with the president, but had to speak with Condoleezza Rice instead (see Between 10:32 a.m. and 11:45 a.m. September 11, 2001). Putin tells Bush he recognizes that the US has put troops on alert, and makes it clear that he will stand down Russian troops. US forces were ordered to high alert some time between 10:10 and 10:46 a.m. (see (Between 10:10 a.m. and 10:35 a.m.) September 11, 2001) Bush later describes, “In the past… had the President put the—raised the DEF CON levels of our troops, Russia would have responded accordingly. There would have been inevitable tension.” Bush therefore describes this phone call as “a moment where it clearly said to me, [President Putin] understands the Cold War is over.” (US President 10/1/2001; US President 11/19/2001; Dougherty 9/10/2002) Putin also sends a telegram to Bush today, stating: “The series of barbaric terrorist acts, directed against innocent people, has evoked our anger and indignation.… The whole international community must rally in the fight against terrorism.” (Russian Embassy 9/17/2001)

United Airlines issues a press release confirming that Flight 93 has crashed. Flight 93 went down in Pennsylvania shortly after 10:00 a.m. (see (10:06 a.m.) September 11, 2001). The release states: “United Airlines has confirmed one of its flights has crashed near Pittsburgh, Pennsylvania. United Flight 93, a Boeing 757 aircraft, is the flight number involved. The flight originated in Newark and was bound for San Francisco.” The release adds, “United is deeply concerned about a further flight, United Flight 175, a Boeing 767, which was bound from Boston to Los Angeles.” (United Airlines 9/11/2001) Although Flight 175 hit the World Trade Center at 9:03 (see 9:03 a.m. September 11, 2001), United Airlines will not publicly confirm it has crashed until 11:53 a.m. (see 11:53 a.m. September 11, 2001).

American Airlines issues a statement confirming that it has lost two of its aircraft in “tragic incidents this morning.” The statement identifies the aircraft as “Flight 11, a Boeing 767 en route from Boston to Los Angeles,” and “Flight 77, a Boeing 757 operating from Washington Dulles to Los Angeles.” The statement adds, “Because of the heightened security due to the nature of today’s events, American said it is working closely with US government authorities and will not release more information at this time.” (Associated Press 2001 pdf file; Associated Press 9/11/2001; CNN 9/12/2001) Flight 11 hit the North Tower of the World Trade Center at 8:46 a.m. (see 8:46 a.m. September 11, 2001) and Flight 77 hit the Pentagon at 9:37 a.m. (see 9:37 a.m. September 11, 2001). (9/11 Commission 6/17/2004)

United Airlines finally issues a press release confirming that Flight 175 has crashed, nearly three hours after this aircraft hit the World Trade Center (see 9:03 a.m. September 11, 2001). The release states, “United Airlines has now confirmed that two of its aircraft have crashed.” These include “United Flight 175, a Boeing 767 aircraft, [that] departed from Boston at 7:58 a.m. local time, bound for Los Angeles, with 56 passengers onboard, two pilots and seven flight attendants.” (United Airlines 9/11/2001) United Airlines previously issued a press release, at 11:17, confirming the crash of Flight 93 (see 11:17 a.m. September 11, 2001), but this had stated that the airline was, at that time, only “deeply concerned” about Flight 175. (United Airlines 9/11/2001) However, at 9:22, the United Airlines System Operations Control manager had issued an advisory to all the airline’s facilities, stating that Flight 175 had been in an accident in New York (see 9:22 a.m. September 11, 2001). (9/11 Commission 8/26/2004, pp. 26) And Colin Scoggins, the military liaison at the FAA’s Boston Center, will later claim that United confirmed to the center that Flight 175 was down, “within two or three minutes” (see (9:06 a.m.) September 11, 2001). (Bronner 8/1/2006)

David Israelite.David Israelite. [Source: Publicity photo]The plane carrying Attorney General John Ashcroft finally arrives in Washington, DC, landing at Reagan National Airport. (Eggen 9/28/2001; Federal Aviation Administration 3/21/2002 pdf file) Ashcroft has wanted his plane, a small government Cessna jet, to return to Washington since he learned of the attacks in New York while flying out to Milwaukee (see Shortly After 9:03 a.m. September 11, 2001 and After 9:37 a.m. September 11, 2001). (Brill 3/10/2003; Ashcroft 2006, pp. 115-118) Despite his plane being instructed to land on more than one occasion (see 10:40 a.m. September 11, 2001 and 11:11 a.m. September 11, 2001), Ashcroft has insisted on returning to the capital. (Adams, Levin, and Morrison 8/13/2002; Spencer 2008, pp. 258, 272)
Plane Lands, Passengers Met by Agents with Machine Guns - Ashcroft’s plane has finally been cleared to land in Washington, and an F-16 fighter jet escorts it in to Reagan Airport. (Eggen 9/28/2001; 9/11 Commission 12/1/2003) After touching down, the plane taxies to the tarmac near Signature Aviation, the private executive aircraft terminal. When Ashcroft and the other individuals with him get off, they are met by numerous agents, some with machine guns at the ready. Apparently concerned about possible snipers, the agents quickly cover Ashcroft with a bulletproof trench coat and pass out bulletproof vests to the others with him. All of them are hustled into a hangar, where several vans are waiting. Ashcroft and his deputy chief of staff, David Israelite, get into a heavily reinforced SUV, while their colleagues disperse to other vehicles.
Ashcroft Advised to Go to Classified Site - Ashcroft calls the White House Situation Room to ask where he should go to set up operations. He is connected to National Security Adviser Condoleezza Rice, who suggests that he head to the remote, classified site, where other Justice Department personnel have gone, until it is known if any more attacks are forthcoming. Ashcroft’s vehicle heads toward the site, but due to the roads being clogged with traffic, it turns around and goes instead to the FBI’s Strategic Information and Operations Center in Washington, where Ashcroft will spend much of the rest of the day. (9/11 Commission 12/17/2003 pdf file; Ashcroft 2006, pp. 118-120, 129)
Conflicting Accounts of Landing Time - The time when Ashcroft’s plane lands at Reagan Airport is unclear. According to a 2002 FAA report, it lands “just before noon.” (Federal Aviation Administration 3/21/2002 pdf file) According to USA Today, it does not arrive in Washington “until afternoon.” (Adams, Levin, and Morrison 8/13/2002) And a federally funded report on the emergency response to the Pentagon attack will claim that an unidentified aircraft—later determined to be Ashcroft’s plane—is approaching Washington and leads to an evacuation of the Pentagon site at around 2:00 p.m. (see (2:00 p.m.) September 11, 2001). (US Department of Health and Human Services 7/2002, pp. A30 pdf file; Vogel 2007, pp. 453) Ashcroft’s plane is one of the last aircraft to land in the United States on this day, according to the Washington Post. (Eggen 9/28/2001)

The Federal Aviation Administration (FAA) sends a fax to the White House Situation Room, giving positive identification of the four hijacked aircraft involved in the morning’s attacks. However, two of the four flight numbers it provides are wrong. (Draper 2007, pp. 143) Yet, by late morning, American Airlines and United Airlines had already issued press releases confirming that the four planes that crashed were flights 11, 175, 77, and 93 (see 11:17 a.m. September 11, 2001, (11:18 a.m.) September 11, 2001, and 11:53 a.m. September 11, 2001). (Associated Press 9/11/2001; United Airlines 9/11/2001; United Airlines 9/11/2001) Journalist and author Robert Draper will later comment that, while there is much heroism on September 11, the FAA’s erroneous fax is an example of how the day is also “marred by appalling haplessness.” (Draper 2007, pp. 143)

The Navy Annex, located next to the Virginia State Police Barracks.The Navy Annex, located next to the Virginia State Police Barracks. [Source: Arlington County After-Action Report]The FBI establishes a command post for its response to the Pentagon attack at the Virginia State Police Barracks, overlooking the Pentagon. (Eversburg 11/2002) Around midday, Assistant Special Agent in Charge Robert Blecksmith arrived at the Pentagon and took over from Special Agent Chris Combs as the FBI’s on scene commander. He had quickly decided that the area around the Arlington County Fire Department’s incident command post by the Pentagon was too crowded and lacked support facilities. He therefore decides it will be safer for the FBI to carry out its operations at the Virginia State Police Barracks, located next to the Navy Annex, a few hundred yards from the Pentagon. Along with Combs, Blecksmith establishes the FBI’s command post there, and starts moving the FBI up to it. The two men will spend most of the afternoon at the barracks, where they work on establishing a Joint Operations Center (JOC) at nearby Fort Myer. (US Department of Health and Human Services 7/2002, pp. A23 and C50 pdf file; Creed and Newman 2008, pp. 178) The JOC will open early the following morning (see September 12, 2001). (Goldberg et al. 2007, pp. 161)

Deena Burnett is visited at her home in San Ramon, California, by three FBI agents, and questioned about the calls she received from her husband, Tom Burnett, who was a passenger on Flight 93. Deena has now learned of the plane crashing in Pennsylvania, and a police officer staying with her informed her that this was her husband’s plane. The FBI agents spend over an hour with Deena, asking her about her husband and what he’d said in his four calls from Flight 93. (Burnett and Giombetti 2006, pp. 71-72 and 74-75) She describes to them how Tom called her using his cell phone and told her his flight had been hijacked. In his final call he’d described how a group of the passengers was going to “do something.” She says her husband was a former college football player and very intelligent, so if he’d concluded he was going to die, he would have taken action. (Federal Bureau of Investigation 9/11/2001 pdf file) Deena remembers that she’d taken notes, writing down the details of her husband’s calls. But she does not want the agents to have these, saying, “You wouldn’t be able to read it anyway.” They do not take the notes with them when they leave. They will return later in the day and tell Deena specifically not to say anything to anyone—especially the media—about her cell phone conversations with her husband, because it is part of their investigation. (Burnett and Giombetti 2006, pp. 75 and 81)

GTE customer service supervisor Lisa Jefferson had spoken with Flight 93 passenger Todd Beamer for 13 minutes before his plane crashed (see 9:45 a.m.-9:58 a.m. September 11, 2001). Before heading home from work at 1 p.m., she is questioned by phone by three FBI agents, who asked her scores of questions about her conversation with Beamer. Later in the afternoon, an FBI agent phones her at home. He provides her with several numbers to call, should she remember further details about her conversation with Beamer. He also tells her to maintain secrecy about the call. Jefferson later describes, “In fact, he stressed the importance of keeping the matter under wraps.” (Jefferson and Middlebrooks 2006, pp. 61-62 and 69) It is not until three days later that the FBI first releases information on the call, and that Beamer’s wife learns of it (see September 14, 2001). (Beamer and Abraham 2002, pp. 185-186) It is unclear why the FBI wants it kept secret until then. Phone calls made by several other passengers from Flight 93 will be reported within a day of the attacks. (Associated Press 9/11/2001; van Derbeken 9/12/2001; Goldstein and Thompson 9/12/2001)

Deena Burnett, whose husband Tom Burnett was on Flight 93, is told by United Airlines it isn’t aware this plane has crashed. Deena had earlier on learned of an aircraft crashing in Pennsylvania, and a police officer with her informed her that this was her husband’s flight. Yet in her own book, published in 2006, Deena Burnett will describe that she now calls “United Airlines and asked about Flight 93. ‘Were there any survivors?’” She will recall: “They said they didn’t know the plane had even crashed. They suggested I call back or they would contact me when they knew something.” According to her own description, Deena appears to make this call shortly before 11:00 a.m. Pacific Time, meaning close to 2:00 p.m. Eastern Time. (Burnett and Giombetti 2006, pp. 71-72 and 79) Yet by 10:15 a.m. ET, United Airlines’ headquarters had confirmed that an aircraft had crashed in Pennsylvania, and believed this was Flight 93 (see (10:07 a.m.-10:15 a.m.) September 11, 2001). (9/11 Commission 8/26/2004, pp. 47) And at 11:17 a.m. ET, the airline had issued a press release confirming the crash of Flight 93 (see 11:17 a.m. September 11, 2001). (United Airlines 9/11/2001) At what time Deena Burnett hears back from United Airlines after making this call is unstated.

James Schwartz.James Schwartz. [Source: Arlington County, Virginia]Firefighting and other operations are severely disrupted when the Pentagon site is evacuated due to a report of an unidentified aircraft heading toward the Pentagon. Firefighters have to abandon their equipment and run several hundred yards to protected areas. (US Department of Health and Human Services 7/2002, pp. A16 and A30 pdf file) Assistant Fire Chief James Schwartz orders the evacuation after the control tower at Washington’s Reagan National Airport notifies the Arlington County Emergency Communications Center (ECC) of an inbound aircraft that is not identifying itself and is heading up the Potomac River at a high rate of speed. It is not known if this is a hijacked plane, but no aircraft other than military jets are now supposed to be in the air. The ECC then notifies Schwartz at the Pentagon. By the time he orders the evacuation, the aircraft is reportedly just two minutes away. (US Department of Health and Human Services 7/2002, pp. A30 and A52 pdf file; Creed and Newman 2008, pp. 187) At one point, the controllers at Reagan Airport are reporting that the plane has disappeared from radar, though they do not say why they think this is. (Creed and Newman 2008, pp. 191)
Approaching Aircraft Is 'Friendly' - The unidentified aircraft is soon determined to be “friendly.” (Eversburg 11/2002; Creed and Newman 2008, pp. 193) According to the Arlington County After-Action Report, it turns out to have been a government aircraft flying Attorney General John Ashcroft back to Washington. (US Department of Health and Human Services 7/2002, pp. A30 and C52 pdf file; Vogel 2007, pp. 453) However, a 2002 FAA report will state that Ashcroft’s plane landed in Washington “just before noon” (see (12:00 p.m.) September 11, 2001). (Federal Aviation Administration 3/21/2002 pdf file) If that report is correct, then the identity of the approaching aircraft is unclear.
Emergency Operations Disrupted - The firefighters and other emergency responders return to the Pentagon and resume their activities, but the evacuation has significantly disrupted firefighting operations, giving fires in some areas 30 minutes to gain ground. (US Department of Health and Human Services 7/2002, pp. A16 pdf file; Creed and Newman 2008, pp. 193-194) The FBI’s evidence recovery operation has also been disrupted. (Creed and Newman 2008, pp. 191)
Evacuation Avoidable, Caused by Loss of FBI Presence - This evacuation is later determined to have been avoidable, and only necessary because of the loss of a senior FBI presence at the incident command post (ICP) at the Pentagon, which means there is no way for the ICP to verify whether the approaching aircraft is “friendly” or not. This loss is due to the FBI having relocated to the Virginia State Police Barracks shortly after midday (see (12:15 p.m.) September 11, 2001). The Arlington County After-Action Report will later conclude, “Friendly aircraft, carrying US government executives and escorted by fighter aircraft, should not have been cause for evacuation.” A previous evacuation of the Pentagon site due to reports of an approaching unidentified aircraft occurred around 10:15 a.m. (see (10:15 a.m.-10:38 a.m.) September 11, 2001), and a third similar evacuation will occur on the morning of September 12 (see (10:00 a.m.) September 12, 2001). (US Department of Health and Human Services 7/2002, pp. A30-A31 pdf file; Eversburg 11/2002)

No relatives of the Flight 93 passengers are waiting at San Francisco International Airport at the time when the plane is scheduled to have arrived there. A counseling center has been set up at the airport for any relatives that might show up, and dozens of clergy members gave gathered at United Airlines’ VIP lounge to await the families. San Francisco Mayor Willie Brown has arranged to come and meet them. But at 11:15 a.m. Pacific Time (2:15 p.m. Eastern Time), when Flight 93 was scheduled to arrive, no family members have shown up, nor have any arrived by midday (3:00 p.m. ET). Willie Brown cancels his trip to meet the families when it appears none will show up. Knight Ridder will suggest the reason no relatives have come is that United Airlines employees contacted many of them before they left home. (Wong 9/12/2001; Rogers and Fernandez 9/12/2001) Also, United Airlines publicly confirmed that Flight 93 had crashed several hours earlier (see 11:17 a.m. September 11, 2001), so passengers’ relatives may have realized for themselves what has happened by now. (United Airlines 9/11/2001) Another possible factor could be that many of the passengers—at least 16 out of a mere 33—were not originally scheduled to be on Flight 93, and only arranged to be on it at the last minute or switched from another flight (see Shortly Before September 11, 2001-Early Morning September 11, 2001), so their relatives may not initially realize they had been on the plane. (Longman 9/11/2002) In contrast, some relatives of passengers on the other three hijacked planes have gone to Los Angeles International Airport, the destination of those planes: The New York Times will describe “a few grieving relatives” there, and the Associated Press describes, “In Los Angeles, several dozen relatives met grief counselors at an airport hotel.” (Associated Press 9/11/2001; Glaberson 9/12/2001)

One of the pilots of the two F-15s from the 102nd Fighter Wing that took off in response to the hijacked Flight 11 (see 8:46 a.m. September 11, 2001) is told by a colleague that the military has shot down an aircraft over Pennsylvania. After the fighter pilots, Major Daniel Nash and Lieutenant Colonel Timothy Duffy, land at Otis Air National Guard Base in Cape Cod, Massachusetts, having spent the past few hours flying a combat air patrol over New York (see (2:15 p.m.) September 11, 2001), a “bunch of people” at the base start telling them “what was going on,” Nash will later recall. A crew chief tells Nash that an F-16 fighter jet shot down a fourth airliner over Pennsylvania. Nash will comment, “Obviously that wasn’t true, so there were lots of rumors floating around.” (Dennehy 8/21/2002; Nash 10/2/2002) Some early news reports suggested the possibility of a plane having been shot down by the US military (see 11:28 a.m.-11:50 a.m. September 11, 2001). (Dukcevich 9/11/2001; TCM Breaking News 9/11/2001) But the Pentagon has by now informed the White House that the military did not shoot down Flight 93 over Pennsylvania (see (Shortly After 12:00 p.m.) September 11, 2001). (Balz and Woodward 1/27/2002; Mineta 9/11/2002)

Two F-15 fighter jets that have been patrolling the airspace above New York are instructed to investigate a supposedly suspicious aircraft, but upon inspection find it to be the tanker plane that has been providing them with fuel. (Richard 2010, pp. 130-131) The two fighters, which belong to the 102nd Fighter Wing at Otis Air National Guard Base, Massachusetts, are piloted by Major Martin Richard and Major Robert Martyn. (102nd Fighter Wing 2001) They arrived over New York at around 11:00 a.m., after being instructed to set up a combat air patrol over the city (see (11:00 a.m.-6:00 p.m.) September 11, 2001). (9/11 Commission 10/14/2003 pdf file; Richard 2010, pp. 24)
NEADS Reports Suspect Aircraft over Long Island - After patrolling the New York airspace for several hours, the two pilots are preparing to fly back to Otis Air Base. Suddenly, a controller at NORAD’s Northeast Air Defense Sector (NEADS) calls and alerts them to a suspicious aircraft in the area. The controller says, “We have a report of a light aircraft flying erratically, 15 west of your position over Long Island.” After Martyn acknowledges the message, the two fighters bank hard to the left and descend. Richard reaches an altitude of about 500 feet, but, as his plane’s radar sweeps, he looks around and sees nothing there. He calls out, “Picture clear,” and then reports back to NEADS. The NEADS controller then tells Richard to “skip it,” and says the suspect aircraft is now “20 northeast of your position, at 30,000 feet.” He asks if the two fighters have enough fuel to investigate it and Richard responds, “Affirmative.” Richard and Martyn then reform and increase their power. However, Richard will later write, “It didn’t make any sense that a large aircraft would make it from the city, head northeast, and climb to 30,000 feet undetected.”
Pilot Inspects Aircraft, Finds It Is Tanker Plane - Martyn asks the NEADS controller, “Are you sure that’s not the tanker we just used over Ground Zero?” but the controller retorts, “Unknown.” Martyn says to Richard over the radio, “That’s the tanker we just were refueling with,” and asks him if he has enough fuel left to go and identify the target. Richard says he has and then flies above Martyn. He closes in to within about three miles of the aircraft NEADS identified, and can see the engines and the boom, revealing it to indeed be the tanker that has been providing them with fuel. He thinks to himself, “How could [NEADS] have screwed this up?” He will later reflect, “It was incredible to me that they didn’t know this was the tanker we had just left!” Richard calls NEADS and tells the controller there, “It’s the tanker.” Sheepishly, the controller confirms the message. (Richard 2010, pp. 130-131) Richard and Martyn then return to Otis Air Base at around 6:00 p.m. (102nd Fighter Wing 2001)

Despite having been told by the FBI not to do so, Deena Burnett decides to speak to several groups of reporters about the four calls her husband Tom Burnett made to her from Flight 93, before it crashed in Pennsylvania. The FBI visited Deena the previous evening and, she later recalls, “told me specifically not to say anything to anyone about my cell phone conversations with Tom, especially the media, because it was part of their investigation.” (Burnett and Giombetti 2006, pp. 81) But by this morning, she will comment, “everything I would have told the media had been reported on the news by the FBI, police, and Father Frank” Colacicco, from the church where her family worships. “If they could tell their stories, I knew now I could tell mine. There would be no harm to ‘the evidence’ in answering [reporters’] questions.” (van Derbeken 9/12/2001; Burnett and Giombetti 2006, pp. 93-94) Throughout the day, she has six “media waves” separately come into her home to interview her. The reporters are interested in the cell phone calls she received from her husband. She recalls: “I had to be very cautious about everything I said. I didn’t want to say anything that would interfere with the FBI investigation. I verified the calls had taken place, but gave no specific information about what Tom and I had discussed.” The FBI visits Deena around 3:00 p.m. to ask some follow-up questions to their interviews with her the previous day (see (12:30 p.m.) September 11, 2001). In her 2006 book, Deena Burnett makes no mention of them complaining about her having talked to the media. (Burnett and Giombetti 2006, pp. 97-104)

Firefighting operations at the Pentagon are disrupted when the crash site there is evacuated in response to a report of an approaching unidentified plane. (US Department of Health and Human Services 7/2002, pp. A16 and A30 pdf file; Eversburg 11/2002) Air traffic controllers at Washington’s Reagan National Airport have noticed an aircraft on their radar scopes that is not identifying itself and is flying fast up the Potomac River. (Creed and Newman 2008, pp. 333) They notify the Arlington County Emergency Communications Center, which passes the information on to Assistant Fire Chief James Schwartz, the incident commander at the Pentagon, and he orders the evacuation. Firefighters have to abandon their operations and run several hundred yards to protected areas. (US Department of Health and Human Services 7/2002, pp. A16 and C52 pdf file) The unidentified aircraft is soon determined to be “friendly,” and firefighters then return to work. (Eversburg 11/2002; Creed and Newman 2008, pp. 335) The plane was a government aircraft with FEMA Director Joseph Allbaugh on board. (US Department of Health and Human Services 7/2002, pp. A30 and C52 pdf file) The Pentagon was similarly evacuated two times on September 11, due to false alarms over reports of unidentified aircraft heading for Washington (see (10:15 a.m.-10:38 a.m.) September 11, 2001 and (2:00 p.m.) September 11, 2001). (Eversburg 11/2002)

Larry Ellison.Larry Ellison. [Source: Mike Kepka / San Francisco Chronicle]The head of the company for which Flight 93 passenger Todd Beamer worked appears to be aware of Beamer’s call from the plane before its existence has been made public, and before even Beamer’s wife has been informed of it. Larry Ellison is the CEO of software company Oracle Corporation. In a memo sent out to the company’s employees, he writes, “We know Todd Beamer is dead. We believe he died when he and other passengers aboard Flight 93 tried to recover the hijacked airplane from the terrorists.… Considering the devastation wrought by the other aircraft, it is unquestionable that Todd’s brave actions, and [those] of his fellow passengers, saved countless lives on the ground.” Beamer’s wife Lisa later writes, “Clearly Larry was convinced that Todd had been involved. How did Larry know that? The FBI hadn’t made any announcement to that effect. Todd’s name had not shown up in any reports indicating that he might have been involved in some way.” The explanation she proposes is that “Larry, like many of us, couldn’t imagine Todd Beamer sitting idly by while terrorists threatened to hurt others.” (Cowley 9/13/2001; Associated Press 9/14/2001; Beamer and Abraham 2002, pp. 184-185) Todd Beamer had spoken for 13 minutes to GTE supervisor Lisa Jefferson before Flight 93 crashed (see 9:45 a.m.-9:58 a.m. September 11, 2001). Yet the FBI has instructed Jefferson not to inform Beamer’s wife of the call, and only lifts this restriction on September 14. Lisa Beamer first learns of her husband’s call from Flight 93 on September 14, in a phone call from United Airlines (see September 14, 2001). (McKinnon 9/22/2001; Breslau, Clift, and Thomas 12/3/2001; Jefferson 2006) Ellison and Oracle long have had close ties to US intelligence agencies, and in fact the company’s name originated from a CIA project code-named “Oracle.” (Wallack 5/20/2002)

Lisa Beamer.Lisa Beamer. [Source: NBC]Since 9/11, Lisa Beamer—whose husband Todd Beamer died on Flight 93—has reportedly had one “nagging question.” According to Newsweek, she’d wondered, “Why had her husband, a man so attached to his cell phone that [she] had to confiscate it when they went on vacation, not called her from the plane? Other passengers had called home from Flight 93 to say goodbye and talk to their loved ones. Why not Todd?” (Breslau, Clift, and Thomas 12/3/2001) This evening, she receives a call from her family liaison with United Airlines, informing her that the FBI has released information that Todd made a call from the flight: Using a GTE Airfone, he’d spoken to an operator in the Chicago area. The FBI had been keeping the information private until it reviewed the material. The liaison reads her a summary of the call written by Lisa Jefferson, the GTE supervisor with whom Todd had spoken (see 9:45 a.m.-9:58 a.m. September 11, 2001). (Beamer and Abraham 2002, pp. 185-186) During the call, Jefferson had asked Todd if he’d wanted to be connected to his wife. However, as Jefferson later recalls, he’d “said no, that he did not want to upset her as they were expecting their third child in January.” (Smith 9/5/2002) Instead, he’d asked Jefferson to contact his family if he didn’t “make it out of this.” (Longman 2002, pp. 200) In her book, published in 2002, Lisa Beamer writes that she was “so glad he didn’t” contact her from the plane, because, “Had I learned about Todd’s circumstances by hearing his voice from the plane, I no doubt would have lost it.” While Lisa Beamer only learns of her husband’s call from Flight 93 on this day, the CEO of the company for which he’d worked appears to have been aware of its details a day earlier (see September 13, 2001). (Beamer and Abraham 2002, pp. 184-185 and 201-202)

The Federal Aviation Administration (FAA) produces a chronology of the events of September 11, which it uses when it briefs the White House today, but the document fails to mention when NORAD’s Northeast Air Defense Sector (NEADS) was alerted to two of the hijacked planes. The FAA’s chronology, titled “Summary of Air Traffic Hijack Events,” incorporates “information contained in the NEADS logs, which had been forwarded, and on transcripts obtained from the FAA’s Cleveland Center, among others,” according to John Farmer, the senior counsel to the 9/11 Commission.
Document Includes Notification Times for First Two Hijacked Flights - The chronology refers “accurately to the times shown in NEADS logs for the initial notifications from FAA about the hijacking of American 11 and the possible hijacking of United 175,” according to the 9/11 Commission. It gives 8:40 a.m. as the time at which the FAA alerted NEADS to Flight 11, the first plane to be hijacked (see (8:37 a.m.) September 11, 2001), and 9:05 a.m. as the time when the FAA alerted NEADS to Flight 175, the second plane to be hijacked (see (9:03 a.m.) September 11, 2001). However, it makes no mention of when the FAA alerted NEADS to Flight 77 and Flight 93, the third and fourth planes to be hijacked. The FAA’s omission of these two notification times is “suspicious,” according to the 9/11 Commission, “because these are the two flights where FAA’s notification to NEADS was significantly delayed.”
Document Omits Notification Times for Flights 77 and 93 - The chronology, as Farmer will later point out, “makes no mention… of the notification to NEADS at 9:33 that American 77 was ‘lost’ (see 9:34 a.m. September 11, 2001) or of the notification to NEADS at 9:34 of an unidentified large plane six miles southwest of the White House (see 9:36 a.m. September 11, 2001), both of which are in the NEADS logs that the FAA reviewed” when it was putting together the timeline. It also fails to mention the call made by the FAA’s Cleveland Center to NEADS in which, at 10:07 a.m., the caller alerted NEADS to Flight 93 and said there was a “bomb on board” the plane (see 10:05 a.m.-10:08 a.m. September 11, 2001), even though this information was also “duly noted in the NEADS logs” that the FAA has reviewed.
Chronology Omits Other Key Information - The chronology, Farmer will write, reflects “a time at which the FAA was notified that the Otis [Air National Guard Base] fighters were scrambled” in response to the hijacking of Flight 11 (see 8:46 a.m. September 11, 2001), but it gives “no account of the scramble of the fighters from Langley Air Force Base” (see 9:24 a.m. September 11, 2001). It also fails to mention the report that NEADS received after Flight 11 crashed, in which it was incorrectly told the plane was still airborne and heading toward Washington, DC (see 9:21 a.m. September 11, 2001). Despite lacking information about the times when the FAA alerted NEADS to Flights 77 and 93, the FAA’s chronology is one of the documents used to brief the White House about the 9/11 attacks today (see September 17, 2001).
Investigators Were Told to Determine Exact Notification Times - The chronology is the product of investigations that began promptly in response to the 9/11 attacks. According to senior FAA officials, FAA Administrator Jane Garvey and Deputy Administrator Monte Belger “instructed a group of FAA employees (an ‘after-action group’) to reconstruct the events of 9/11.” This group, according to the 9/11 Commission, “began its work immediately after 9/11 and reviewed tape recordings, transcripts, handwritten notes, logs, and other documents in an effort to create an FAA chronology of events.” The group, according to one witness, “was specifically asked to determine exactly when the FAA notified the military that each of the four planes had been hijacked,” and “[s]everal people worked on determining correct times for FAA notifications to the military.” (Federal Aviation Administration 9/17/2001 pdf file; 9/11 Commission 7/29/2004; Farmer 2009, pp. 245-247) NORAD will release a timeline of the events of September 11 and its response to the attacks a day after the FAA chronology is published (see September 18, 2001). (North American Aerospace Defense Command 9/18/2001; 9/11 Commission 7/29/2004)

The North American Aerospace Defense Command (NORAD) releases a chronology of the events of September 11 and its response to the terrorist attacks that day, but the accuracy of this account will later be challenged by the 9/11 Commission. (North American Aerospace Defense Command 9/18/2001; 9/11 Commission 7/24/2004, pp. 34; 9/11 Commission 7/29/2004)
NORAD Learned of First Hijackings Too Late to Defend the WTC - The chronology provides the times at which NORAD’s Northeast Air Defense Sector (NEADS) was alerted to the hijackings and when fighter jets were scrambled in response to the hijackings. It states that the Federal Aviation Administration (FAA) notified NEADS about Flight 11, the first hijacked aircraft, at 8:40 a.m. In response, the order was given to scramble two F-15 fighters from Otis Air National Guard Base in Cape Cod, Massachusetts, at 8:46 a.m. (see 8:46 a.m. September 11, 2001), the same time that Flight 11 crashed into the World Trade Center (see 8:46 a.m. September 11, 2001), and the fighters were airborne at 8:52 a.m. (see 8:53 a.m. September 11, 2001). The FAA notified NEADS about Flight 175, the second hijacked aircraft, at 8:43 a.m., according to the chronology. When Flight 175 crashed into the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001), the chronology states, the Otis fighters were 71 miles away from New York.
Fighters Were Scrambled in Response to Flight 77 Hijacking - NEADS was alerted to Flight 77, the third hijacked aircraft, at 9:24 a.m., according to the chronology. In response, the order was given to scramble two F-16 fighters from Langley Air Force Base in Virginia (see 9:24 a.m. September 11, 2001) and these were airborne at 9:30 a.m. (see (9:25 a.m.-9:30 a.m.) September 11, 2001). But the F-16s were 105 miles from the Pentagon when it was hit at 9:37 a.m. (see 9:37 a.m. September 11, 2001). Regarding the fourth hijacked aircraft, Flight 93, the chronology gives “N/A” as the time the FAA alerted NEADS, but it also states that the FAA and NEADS discussed the flight on “a line of open communication.” At 10:03 a.m., when Flight 93 crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001), the chronology states, the F-16s launched from Langley Air Force Base in response to the hijacking of Flight 77 were “in place to protect DC.” (North American Aerospace Defense Command 9/18/2001)
9/11 Commission Disputes NORAD's Account - The 9/11 Commission Report, released in 2004, will highlight what it says are inaccuracies in NORAD’s timeline of the events of September 11. It will state that NORAD’s claim that NEADS was alerted to Flight 77 at 9:24 a.m. was incorrect. The notice NEADS received at that time, according to the report, was the incorrect claim that Flight 11 “had not hit the World Trade Center and was heading for Washington, DC” (see 9:21 a.m. September 11, 2001). “NEADS never received notice that American 77 was hijacked,” the report will state. “It was notified at 9:34 that American 77 was lost (see 9:34 a.m. September 11, 2001). Then, minutes later, NEADS was told that an unknown plane was six miles southwest of the White House” (see 9:36 a.m. September 11, 2001). The report will state that NORAD’s claim that the Langley fighters were scrambled in response to the notification about Flight 77 is also incorrect. Instead, it will state, the fighters were scrambled in response to the incorrect report that Flight 11 was still airborne and heading south. (9/11 Commission 7/24/2004, pp. 34)
9/11 Commission Disputes NORAD's Account regarding Flights 175 and 93 - Furthermore, whereas NORAD’s chronology claims that NEADS discussed Flight 93 with the FAA on “a line of open communication,” the 9/11 Commission Report will state that NEADS “first received a call about United 93 from the military liaison at [the FAA’s] Cleveland Center at 10:07,” by which time the plane “had already crashed” (see 10:05 a.m.-10:08 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 30) And while NORAD states that the FAA notified NEADS about Flight 175 at 8:43 a.m., according to the report, the first notification came “in a phone call from [the FAA’s] New York Center to NEADS at 9:03” (see (9:03 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 23)
Military Has Been Slow to Provide Details of Its Response on September 11 - US military officials, according to the Washington Post, “have been slow to respond to press inquiries for a timeline that would establish the exact times that civil aviation authorities became aware of the hijackings, when US military commanders were notified, and when US fighter jets took to the air.” (Graham 9/15/2001) On September 13, Air Force General Richard Myers was questioned about the military’s response to the 9/11 attacks before the Senate Armed Services Committee, but his answers were vague and confused (see September 13, 2001). (US Congress 9/13/2001; Farmer 2009, pp. 241-242) A day later, Major General Paul Weaver, director of the Air National Guard, provided reporters with details of the military’s response to the hijackings in an “impromptu hallway interview” at the Pentagon (see September 14, 2001). (Whittle 9/14/2001)

The on-line Wall Street Journal article discussing the connections between Lt. Gen. Mahmood Ahmed, Saeed Sheikh, and Mohamed Atta.The on-line Wall Street Journal article discussing the connections between Lt. Gen. Mahmood Ahmed, Saeed Sheikh, and Mohamed Atta. [Source: Public domain]ISI Director Lt. Gen. Mahmood Ahmed is replaced in the face of US pressure after links are discovered between him, Saeed Sheikh, and the funding of the 9/11 attacks. Mahmood instructed Saeed to transfer $100,000 into hijacker Mohamed Atta’s bank account prior to 9/11. This is according to Indian intelligence, which claims the FBI has privately confirmed the story. (Press Trust of India 10/8/2001; Joshi 10/9/2001; Gupta and Mehkri 10/15/2001; Kak 10/18/2001) The story is not widely reported in Western countries, though it makes the Wall Street Journal. (Zubrzycki 10/10/2001; Agence France-Presse 10/10/2001; Taranto 10/10/2001) It is reported in Pakistan as well. (Dawn (Karachi) 10/8/2001) The Northern Alliance also repeats the claim in late October. (Federal News Service 10/31/2001) In Western countries, the usual explanation is that Mahmood is fired for being too close to the Taliban. (Hussain 10/9/2001; Harding 10/9/2001) The Times of India reports that Indian intelligence helped the FBI discover the link, and says, “A direct link between the ISI and the WTC attack could have enormous repercussions. The US cannot but suspect whether or not there were other senior Pakistani Army commanders who were in the know of things. Evidence of a larger conspiracy could shake US confidence in Pakistan’s ability to participate in the anti-terrorism coalition.” (Joshi 10/9/2001) There is evidence some ISI officers may have known of a plan to destroy the WTC as early as July 1999. Two other ISI leaders, Lt. Gen. Mohammed Aziz Khan and Lt. Gen. Muzaffar Usmani, are sidelined on the same day as Mahmood (see October 8, 2001). (Kaplan 10/8/2001) Saeed had been working under Khan. The firings are said to have purged the ISI of its fundamentalists. However, according to one diplomat, “To remove the top two or three doesn’t matter at all. The philosophy remains.… [The ISI is] a parallel government of its own. If you go through the officer list, almost all of the ISI regulars would say, of the Taliban, ‘They are my boys.’” (Hersh 10/29/2001) It is believed Mahmood has been living under virtual house arrest in Pakistan (which would seem to imply more than just a difference of opinion over the Taliban), but no charges have been brought against him, and there is no evidence the US has asked to question him. (Shahzad 1/5/2002) He also has refused to speak to reporters since being fired (Gannon 2/21/2002) , and outside India and Pakistan, the story has only been mentioned infrequently in the media since. (Mackay 2/24/2002; Fielding 4/21/2002) He will reemerge as a businessman in 2003, but still will not speak to the media (see July 2003).

Wayne Allard.Wayne Allard. [Source: Publicity photo]General Ralph Eberhart, the commander of the North American Aerospace Defense Command (NORAD), appears before the Senate Armed Services Committee and gives NORAD’s account of the events of September 11 and the military’s response to the terrorist attacks that day, but the 9/11 Commission will later find that some of the information he provides is incorrect. (US Congress. Senate 10/25/2001; 9/11 Commission 7/29/2004; Farmer 2009, pp. 248) Eberhart was at NORAD headquarters at Peterson Air Force Base, Colorado, and then went to NORAD’s operations center in Cheyenne Mountain when the 9/11 attacks were taking place. (9/11 Commission 3/1/2004 pdf file; 9/11 Commission 3/1/2004) NORAD released a timeline of its response to the hijackings on September 18 (see September 18, 2001) and Eberhart’s testimony is consistent with that account. (North American Aerospace Defense Command 9/18/2001)
Eberhart Says Fighters Were Scrambled in Response to First Hijacking - During the hearing, Eberhart tells Senator Wayne Allard (R-CO) that after the Federal Aviation Administration (FAA) alerted NORAD to the first hijacking, of Flight 11 (see (8:37 a.m.) September 11, 2001), NORAD ordered two F-15 fighter jets to take off from Otis Air National Guard Base in Cape Cod, Massachusetts (see 8:46 a.m. September 11, 2001), “almost simultaneously to the first crash” at the World Trade Center (see 8:46 a.m. September 11, 2001). Eberhart says that after he learned a plane had hit the WTC, he was initially unsure if that plane was Flight 11. “I’m sitting there hoping that someone has made a mistake; there has been an accident; that this isn’t the hijacked airplane [that hit the WTC], because there is confusion,” he recalls. He says he was informed that “it was a light commuter airplane” that hit the WTC, although, he says, it “didn’t look like that was caused by a light commuter airplane.”
Fighters Didn't Have Enough Time to Stop Second Crash - Eberhart says the FAA notified NORAD that there was “a second hijacked plane”—referring to Flight 175—“somewhere in there,” but although the Otis fighters were “flying toward New York” after being scrambled, they were still eight minutes away from the city when Flight 175 crashed into the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001). “Tragically, there was just too much distance between Otis and New York City to get there in time,” Eberhart comments.
Eberhart Says NORAD Learned Flight 77 Was Hijacked before It Crashed - Eberhart says the first documented instance NORAD has of the FAA notifying it about Flight 77, the third aircraft to be hijacked, was at 9:24 a.m. After the hearing, in responses submitted for the record, Eberhart adds that the FAA notified NORAD’s Northeast Air Defense Sector (NEADS) that Flight 77 “was headed towards Washington, DC.” NEADS, he states, “then passed this information to NORAD’s Air Warning Center and Command Center in Cheyenne Mountain, and to the Continental US NORAD Region’s Regional Air Operations Center.”
Fighters Were Scrambled Too Late to Prevent the Pentagon Attack - Eberhart says NORAD launched two F-16 fighters from Langley Air Force Base in Virginia “as soon as” the FAA alerted it to the hijacking of Flight 77 (see 9:24 a.m. September 11, 2001). However, he says, these fighters were still “approximately 13 minutes away from Washington, DC, when that tragic crash [at the Pentagon] occurred.”
Eberhart Is Unaware of Reason for FAA's Delay in Contacting NORAD - Senator Carl Levin (D-MI) tells Eberhart: “The timeline that we’ve been given is that at 8:55 on September 11, American Airlines Flight 77 began turning east, away from its intended course. And at 9:10, Flight 77 was detected by the FAA radar over West Virginia heading east. That was after the two planes had struck the World Trade Center towers. Then 15 minutes later, at 9:25, the FAA notified NORAD that Flight 77 was headed toward Washington.” In light of this, he asks, “[D]o you know why it took 15 minutes for the FAA to notify NORAD?” Eberhart replies: “I do not know, sir, why it took that amount of time for FAA. I hate to say it, but you’ll have to ask FAA.” Senator John Warner (R-VA), who has an extensive military background, tells Eberhart he is “a little bit stunned that you don’t know why that delay occurred.” He continues, saying, “I would have thought by now all of you in this chain would have gone back, rehearsed these things, figured out what happened, what went wrong, so that we ensure it won’t happen again.” In his responses submitted for the record, Eberhart suggests possible reasons for the delay, stating that after the FAA lost radar contact with Flight 77, it “began to receive calls from outside agencies with reports of a possible downed aircraft. Additionally, the loss of radio contact with the aircraft added to the confusion.” Consequently, he states, “I believe the FAA was faced with conflicting information, which hindered them from making an accurate assessment of the actual location of the aircraft.”
Eberhart Says NORAD Was Following Flight 93 before It Crashed - Eberhart says NORAD was aware of the problems with Flight 93, the fourth hijacked plane, before it crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). He tells Allard that the FAA “knew before it deviated its flight pattern” that Flight 93 “was hijacked.” He says NORAD had been “trying to decide, initially, if that flight was going to continue west and if there was some other target for that flight. Was it Chicago? Was it St. Louis? And what might we do to launch an aircraft to intercept it.” But he says that after the FAA reacquired Flight 93 on radar, NORAD thought the plane “was headed probably for Washington, DC, but maybe New York.” He says NORAD decided at that time to keep the Otis and Langley fighters in place over New York and Washington. If another suspicious plane was approaching, he says, “our intent was to go out and meet that aircraft and destroy it if we needed to, if it entered either Washington, DC, or New York City airspace.” However, in his responses submitted for the record, Eberhart states that the “data/log entries received by NORAD from the FAA [after September 11] do not show a time or entry indicating the FAA specifically notified the Pentagon that United Airlines Flight 93 was hijacked.” He also states that NORAD “did not notify” the National Military Command Center (NMCC) at the Pentagon that Flight 93 had been hijacked.
9/11 Commission Disputes Some of Eberhart's Claims - Several claims Eberhart makes in the hearing will be contradicted by evidence uncovered by the 9/11 Commission during its investigation of the terrorist attacks. Whereas Eberhart says the military was first notified about the hijacking of Flight 77 at 9:24 a.m. and implies that this notification prompted the scrambling of fighters from Langley Air Force Base, according to John Farmer, the senior counsel to the 9/11 Commission, “[T]he first notification regarding American 77 occurred at 9:34, when it was reported ‘lost’” (see 9:34 a.m. September 11, 2001). (US Congress. Senate 10/25/2001; Farmer 2009, pp. 248-254) The notice NEADS received at 9:24 a.m., according to the 9/11 Commission Report, was the incorrect claim that Flight 11 “had not hit the World Trade Center and was heading for Washington, DC” (see 9:21 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 34) Consequently, Farmer will write, “the scramble of the Langley fighters did occur as an immediate reaction to a notification about hijacking, but that notification was not, as [Eberhart’s] testimony implies, a report that American 77 was hijacked, but the report that American 11 was still airborne and heading for Washington.” And while Eberhart claims the FAA told NEADS that Flight 77 was heading toward Washington, according to Farmer: “The FAA never notified NEADS that American 77 was heading for Washington, DC. There is no such notification recorded on any tape or in any log maintained at NEADS or at NORAD.” Furthermore, while Eberhart claims the military was following Flight 93 on radar before it crashed and was in position to shoot it down if it approached Washington, Farmer will write that “in fact, NEADS never located United 93 on radar, because the plane had already crashed by the time NEADS was notified.” (Farmer 2009, pp. 251, 254-255)

President Bush follows up Attorney General John Ashcroft’s declaration of victory over terrorism (see November 8, 2001) with a prime-time speech calling for the formation of a volunteer civil-defense service and a larger National Guard presence at airports, both to keep Americans safe from future terror attacks. Bush gives the speech in front of a backdrop emblazoned with the words, “United We Stand.” Bush ends his speech with the exhortation, “Let’s roll!” thought to be the final words of Flight 93 passenger Todd Beamer before he and his fellow passengers attacked their plane’s hijackers (see Shortly Before 9:58 a.m. September 11, 2001). Of the four major news networks, only ABC airs Bush’s speech live. (Rich 2006, pp. 36-37)

According to a 2009 Senate Armed Services Committee report (see April 21, 2009), the Pentagon begins asking the Joint Personnel Recovery Agency (JPRA) for assistance in developing a set of procedures for “harsh interrogations”—torture—to be used against suspected terrorists captured by US soldiers and intelligence operatives. JPRA has “reverse-engineered” a training program, Survival, Evasion, Resistance, and Escape (SERE), which trains US soldiers to resist torture techniques if captured by an enemy, to produce harsh techniques to be used in interrogating suspected terrorists. (Warrick and Finn 4/22/2009)
Methods Already in Use - Military interrogators have already begun using the methods inflicted on them during SERE training on their prisoners, and SERE instructors—often having no training in interrogation procedures and no experience with other cultures—have been reassigned as interrogators. (Savage 2007, pp. 216) The JPRA program will result in the personal approval of 15 “harsh” techniques by Defense Secretary Donald Rumsfeld. The policies will be adopted by US interrogators in Afghanistan, at Abu Ghraib prison in Baghdad, and at Guantanamo. (Knowlton 4/21/2009) In a June 2004 press conference, General James T. Hill, the commander of the US Southern Command (SOCOM), which oversees the Guantanamo detention facility, will say that US officials tapped the “SERE School and developed a list of techniques.” Hill will say that he was reassured by Pentagon officials that the techniques were “legally consistent with our laws.”
Methods Devised to Produce Propaganda, Not Reliable Information - Trained interrogators are, in the words of reporter Charlie Savage, “aghast at this policy.” Savage will write that unlike many Pentagon officials, Special Forces troops, and even SERE instructors, they know full well where SERE techniques originated: from the techniques used by Chinese and North Korean interrogators to torture and brutalize US soldiers during the Korean War. The Koreans and Chinese were experts at coercing American captives to “confess” to “war crimes” and other offenses; those confessions were used for propaganda purposes. “After the war,” Savage will write, the captured soldiers “all told the same story: Chinese interrogators, working with the North Koreans, had put them through a series of sustained torments” identical to those used in SERE training “until their minds had bent and they had made the false confessions.” The stories led to the concept of Chinese “brainwashing” techniques made famous by such books and films as The Manchurian Candidate. In 1963, the CIA concluded that the techniques were virtually useless at producing reliable intelligence, but worked very well in coercing victims to say whatever interrogators wanted them to say. “[U]nder sufficient pressure subjects usually yield but their ability to recall and communicate information accurately is as impaired as the will to resist.” Savage will write, “Neither SERE trainers, who run scenarios by following the instructions in basic military manuals, nor their Special Forces trainees understood that the coercive techniques used in the program were designed to make prisoners lose touch with reality so that they will falsely confess to what their captors want to hear, not for extracting accurate and reliable information.” Colonel Steve Kleinman, the former head of the Air Force’s strategic interrogation program, will later comment: “People who defend this say ‘we can make them talk.’ Yes, but what are they saying? The key is that most of the training is to try to resist the attempts to make you comply and do things such as create propaganda, to make these statements in either written or videotaped form. But to get people to comply, to do what you want them to do, even though it’s not the truth—that is a whole different dynamic than getting people to produce accurate, useful intelligence.” (Savage 2007, pp. 216-217)

Two psychologists, James Mitchell and Bruce Jessen, draft a paper on the use of harsh interrogations to break suspected al-Qaeda terrorists. Mitchell, a retired Air Force psychologist, and Jessen, the senior psychologist in charge of the Joint Personnel Recovery Agency (JPRA)‘s Survival, Evasion, Resistance, and Escape (SERE) training program, will soon begin consulting for both the Pentagon and a variety of US intelligence agencies on the harsh methods—torture—they advocate. Jessen proposes an interrogation program similar to those later adopted by the CIA and Pentagon. His proposal recommends creating what he calls an “exploitation facility,” off-limits to outside observers including journalists and representatives of the International Committee of the Red Cross, the agency detailed to ensure that captives in the custody of other nations are being treated properly in accordance with the Geneva Conventions. In the “exploitation facility,” interrogators would use such tactics as sleep deprivation, physical violence, and waterboarding to break the resistance of captured terrorism suspects. JPRA officials will later add their own suggestions to Jessen’s initial list, including sexually provocative acts by female interrogators and the use of military dogs. Most of these techniques are considered torture under the Geneva Conventions and the Convention Against Torture. (Warrick and Finn 4/22/2009)

Reporter Daniel Pearl moments before he is killed.Reporter Daniel Pearl moments before he is killed. [Source: Associated Press]Wall Street Journal reporter Daniel Pearl is murdered. He is reported dead on February 21; his mutilated body is found months later. Police investigators say “there were at least eight to ten people present on the [murder] scene” and at least 15 who participated in his kidnapping and murder. “Despite issuing a series of political demands shortly after Pearl’s abduction four weeks ago, it now seems clear that the kidnappers planned to kill Pearl all along.” (Anderson and Baker 2/23/2002) Some captured participants later claim 9/11 mastermind Khalid Shaikh Mohammed is the one who cuts Pearl’s throat. (MSNBC 9/17/2002; McGirk 1/26/2003) The land on which Pearl was held and murdered reportedly belongs to either the Al Rashid Trust, or one of its supporters, Saud Memon. The Al Rashid Trust, an ostensibly charitable organization that US intelligence linked to the financing of al-Qeada, is closely linked to the jihadi organization Jaish-i-Mohammed and was one of the very first organizations to have its assets frozen after 9/11. It may have been used to funnel money to the 9/11 hijackers in the US (see Early August 2001 and September 24, 2001). (McGirk 1/26/2003; Ansari 5/9/2004; Mir 4/2/2006)

FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” (Eban 7/17/2007; Mayer 2008, pp. 155; Soufan 4/22/2009; Isikoff 4/25/2009)
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). (Johnston 9/10/2006; Isikoff 4/25/2009)
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. (Johnston 9/10/2006) In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). (Esposito and Ross 12/10/2007; Kiriakou 12/10/2007 pdf file)
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). (Eban 7/17/2007)

The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington.The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington. [Source: Brian Plonka / Spokesman-Review]The FBI has been interrogating captured al-Qaeda leader Abu Zubaida at a secret CIA prison in Thailand and learning valuable intelligence information (see Late March through Early June, 2002). However, the prison is controlled by the CIA and the FBI is only in control until a team of CIA interrogators arrives, which apparently happens around mid-April 2002. The FBI has been using humane rapport-building techniques, but the new CIA team immediately abandons this approach. The team is lead by psychologist James Mitchell, who runs a consulting business in Washington State with psychologist Bruce Jessen (see January 2002 and After). Both worked in SERE (Survival, Evasion, Resistance, Escape), a classified US military training program which trains soldiers to endure being tortured by the enemy. Mitchell and Jessen reverse-engineered the techniques inflicted in the SERE training so they could be used on Zubaida and other detainees. (Eban 7/17/2007) SERE trainees are subjected to “waterboarding (simulated drowning), sleep deprivation, isolation, exposure to temperature extremes, enclosure in tiny spaces, bombardment with agonizing sounds, and religious and sexual humiliation.” One European official knowledgeable about the SERE program will say of Mitchell and Jessen: “They were very arrogant, and pro-torture.… They sought to render the detainees vulnerable—to break down all of their senses.” The use of these psychologists also helps to put a veneer of scientific respectability over the torture techniques favored by top officials. One former US intelligence community adviser will later say: “Clearly, some senior people felt they needed a theory to justify what they were doing. You can’t just say, ‘We want to do what Egypt’s doing.’ When the lawyers asked what their basis was, they could say, ‘We have PhD’s who have these theories.’” (Mayer 8/6/2007) But Mitchell and Jessen have no experience in conducting interrogations and have no proof that their techniques are effective. In fact, the SERE techniques are based on Communist interrogation techniques from the Korean War, designed not to get valuable intelligence but to generate propaganda by getting US prisoners to make statements denouncing the US (see December 2001). Air Force Reserve colonel Steve Kleinman, an expert in human intelligence operations, will later say he finds it astonishing the CIA “chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation… to do something that had never been proven in the real world.” FBI official Michael Rolince calls their techniques “voodoo science.” In 2006, a report by the best-known interrogation experts in the US will conclude that there is no evidence that reverse-engineered SERE tactics are effective in obtaining useful intelligence. But nonetheless, from this time forward Zubaida’s interrogations will be based on these techniques. (Eban 7/17/2007)

R. Scott Shumate.R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. (Eban 7/17/2007) Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).

The FBI allows relatives of passengers on Flight 93 to listen to the 31-minutes of tape from the plane’s cockpit voice recorder and see a written transcript of the recording. About 70 relatives do so. They are allowed to take notes, but not to make recordings because the tape might be used in the trial of Zacarias Moussaoui. (Hirschkorn and Mattingly 4/19/2002; Burkeman 4/19/2002; Levin 4/21/2002) The San Francisco Chronicle responds: “Is there even a dollop of logic in that explanation? It’s like saying we can’t watch video of the planes crashing into the World Trade Center because that video might be used in a trial.” (Sorensen 6/3/2002) Much of the tape is reportedly unintelligible. According to the Pittsburgh Post-Gazette, “the voices were muddled and the ambient noise of the wind rushing by the speeding plane often made it impossible to distinguish individuals, even when they were yelling.” (Leith 4/20/2002; Levin 4/21/2002) New York Times reporter Jere Longman writes the book Among The Heroes based in part on interviews with relatives who hear the cockpit voice recording, along with several government officials and investigators. The recording reveals new details of the passengers’ struggle on board Flight 93, but the government still has not officially stated if it believes they took over the plane or not. (Snyder 4/19/2002; MSNBC 7/30/2002; Harnden 7/31/2002)

Instructors from the Joint Personnel Recovery Agency (JPRA), which oversees the military’s Survival, Evasion, Resistance, and Escape (SERE) training program, conduct a training seminar for intelligence officials. JPRA officials, including senior psychologist Bruce Jessen, have proposed a set of interrogation procedures that amounts to torture (see January 2002 and After and April 16, 2002), and the JPRA instructors are now training CIA and other agency officials in those procedures. Two JPRA legal advisers tell the group that such harsh interrogation methodologies are already deemed acceptable, even though the Justice Department has not yet issued such approval (see August 1, 2002). The lawyers tell the seminar participants, “They [interrogators] could use all forms of psychological pressure discussed, and all the physiological pressures with the exception of the ‘water board.’” The lawyers say that waterboarding might also be permitted, but interrogators “would need prior approval.” (Warrick and Finn 4/22/2009) During the seminar, CIA agents are given two days of training in waterboarding (see July 1-2, 2002). In 2009, the media learns that Jessen and his partner, James Mitchell, are paid $1,000 a day for the training (see April 30, 2009).

Military interrogators at Guantanamo begin inquiring about the lengths to which they can go to question suspected terrorists. They are particularly interested in Mohamed al-Khatani, a Saudi captured in the Afghan-Pakistan border region in December 2001 (see December 2001). When they learn that al-Khatani was denied entry to the US in 2001 (see August 4, 2001), they decide he may be the so-called “20th hijacker” for the 9/11 attacks, especially after the FBI cajoles him into confessing to being an al-Qaeda operative (see July 2002). But al-Khatani will not, or cannot, divulge information about upcoming terror attacks, and interrogators want to increase the pressure on him (see August 8, 2002-January 15, 2003). They also wonder if, since they have found one apparently high-level al-Qaeda operative among the crowd of low-level prisoners shipped from Afghanistan, there might be others lurking in the group and pretending to be ordinary peasants. (Savage 2007, pp. 177-178)

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” (Mayer 2/27/2006; Sands 5/2008)
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” (Sands 5/2008)

Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. (Sands 5/2008)

One of the key variables in the computer simulations used by the National Institute of Standards and Technology (NIST) (see (October 2002-October 2005)) to explain the WTC collapses is the speed of the aircraft that hit the towers. However, there is no consensus on how fast the planes were traveling. The first estimate was contained in an initial research paper by engineers Zdenek Bazant and Yong Zhou, who stated that the planes were traveling at 342 miles per hour. (Bazant and Zhou 1/2002 pdf file) However, the Federal Emergency Management Agency (FEMA) and American Society of Civil Engineers (ASCE) report said that the plane that hit the North Tower was traveling at 470 miles per hour, whereas the plane that hit the South Tower was traveling at 590 miles per hour (see May 1, 2002). (Federal Emergency Management Agency 5/1/2002, pp. 31) NIST initially estimates speeds of 435 miles per hour for the plane that hit the North Tower and 497 miles per hour for the plane that hit the South Tower. These estimates closely match figures produced by the Massachusetts Institute of Technology, which finds speeds of 429 miles per hour and 503 miles per hour for the two planes. However, NIST is dissatisfied with these results and does a second study, which finds speeds of 466 and 545 miles per hour. It then uses speeds of 472 and 570 miles per hour in its severe case model, on which its final report is based. In this model, the simulation of the planes traveling faster means greater damage to the towers’ structure, making them more unstable. (Kausel 5/2002 pdf file; National Institute of Standards & Technology 9/2005, pp. 152-165 pdf file; National Institute of Standards and Technology 9/2005, pp. 109)

Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. (Mayer 2/27/2006)
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” (Sands 5/2008)

Matthys Levy.Matthys Levy. [Source: PBS]A report is made publicly available, which the Engineering News-Record calls the “most comprehensive study yet on the destruction of the World Trade Center.” The study was commissioned by WTC leaseholder Silverstein Properties Inc. to support a $7 billion insurance claim, and conducted by a team of engineers from several leading firms, including Weidlinger Associates, LZA Technology/Thornton-Tomasetti, and ARUPFire. It is intended to build on a previous study sponsored by FEMA (see May 1, 2002). The report’s findings are based on an analysis of original structural drawings, thousands of photos, and dozens of videos. Investigators used fire evaluation techniques and powerful computer software to simulate the condition of each tower at critical times between the planes’ impacts and the towers’ collapses. The earlier FEMA investigators had no access to such computer modeling. Matthys Levy, the chairman of Weidlinger Associates and one of the engineers on the study team, says, “The buildings had tremendous reserve capacity and that was reflected in all of the elements we analyzed. In fact, because there were so much excess capacity, the columns even in the impact floors did not buckle immediately, but failed as the result of the fire.” The report states that failure of the WTC’s steel floor supports (“trusses”) did not contribute to the collapses. Instead, the collapses were caused by the failure of steel structural columns that were either destroyed when the planes hit or lost fireproofing, leaving them vulnerable to the weakening effects of the ensuing fires. It says that debris and dust distributed by the plane crashes inhibited the fires, such that the average air temperatures on the impact floors were between 400 and 700°C (750-1,300°F): significantly lower than those associated with typical “fully developed” office fires. However, says Matthys Levy, “By the time the temperature inside the buildings reached 400 degrees, the steel would have lost approximately 50% of its strength. Eventually, gravity took over and the towers began to fall.” Then, according to the analysis led by researchers from LZA Technology/Thornton-Tomasetti, “Once collapse initiated in each tower, essentially all of the interior structure of the tower fell straight down with floors pancaking on top of one another. The network of perimeter steel columns and spandrels acted like a chute to funnel the interior contents into the tower footprint.” According to the computer simulations, the damage to the South Tower’s steel core columns was so severe that the tower should have collapsed immediately after the plane hit. Civil engineer John Osteraas says this incorrect result casts doubt upon some of the study’s predictions. The report concludes that the collapse of the South Tower did not cause or contribute to the subsequent collapse of the North Tower, thus supporting Silverstein Properties’ claim that the terrorist attack represented two occurrences, entitling it to two $3.5 billion insurance policy limits. A separate study commissioned by the insurers contradicts this (see October 23, 2002). The Silverstein report apparently does not examine the collapse of WTC Building 7, a 47-story skyscraper that also collapsed on 9/11 (see (5:20 p.m.) September 11, 2001). It has been passed on to the National Institute of Standards and Technology (NIST), which is undertaking its own investigation of the WTC collapses (see August 21, 2002). (Glanz and Lipton 9/30/2002; McLeod 10/23/2002; Silverstein Properties, Inc. 10/23/2002 pdf file; Post 10/25/2002; Glanz and Lipton 10/29/2002; Post 11/4/2002; Misonzhnik 4/30/2003)

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” (Sands 5/2008)

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns disturbing information about detainees in US custody being abused at the Guantanamo detention facility. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals. Brant, an experienced law enforcement officer, finds what his task force agents tell him about interrogations at Guantanamo troubling. According to his agents, who have examined the interrogation logs, the military intelligence interrogators seem poorly trained and frustrated by their lack of success. Brant learns that the interrogators are engaging in ever-escalating levels of physical and psychological abuse, using tactics that Brant will later describe as “repugnant.” Much of his information comes from NCIS psychologist Michael Gelles, who has access to the Army’s top-secret interrogation logs at Guantanamo. (Mayer 2/27/2006; Sands 5/2008) Gelles learned of the torture techniques being used at Guantanamo while reading through those logs for an internal study. He is taken aback at what author and reporter Charlie Savage will later call “a meticulously bureaucratic, minute-by-minute account of physical torments and degradation being inflicted on prisoners by American servicemen and women.” (Savage 2007, pp. 178) Brant will later recall that Gelles “is phenomenal at unlocking the minds of everyone from child abusers to terrorists.” Therefore, when Gelles tells Brant that he finds the logs “shocking,” Brant takes it seriously. One of the most horrific cases is that of Mohamed al-Khatani (see December 17, 2002). (Mayer 2/27/2006; Sands 5/2008) Brant says that NCIS will pull its interrogators out of Guantanamo if the abuses continue, and goes to the Navy’s general counsel, Alberto Mora, for help (see December 17-18, 2002). (Savage 2007, pp. 178)

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. (Lindlaw 6/23/2004) He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. (Jehl 8/25/2004) The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. (MSNBC 6/23/2004)

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” (Mayer 2/27/2006)

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). (Mayer 2/27/2006; Sands 5/2008)

The government reveals in a closed-door court hearing that recent interrogations of top al-Qaeda prisoners indicate that Zacarias Moussaoui may have been part of a plot to hijack a fifth plane on the day of 9/11, perhaps with the White House as its target. This is in contrast to the government’s original accusation that Moussaoui was to be the “20th hijacker” on Flight 93. Because Moussaoui does not have a security clearance, he cannot see the classified evidence against him, but he later learns of this “fifth-jet theory” while reading a transcript of the hearing that was not thoroughly redacted. (Bohn and Bernardini 8/8/2003; Novak 10/19/2003) At Moussaoui’s 2006 trial (see March 6-May 4, 2006), the prosecution will support the fifth jet theory—which Moussaoui both admits (see March 27, 2006) and denies (see April 22, 2005)—arguing that he engaged in parallel conduct with the hijackers (see February 23-August 16, 2001) and was supported by the same people (see July 29, 2001-August 3, 2001 and June 13-September 25, 2000). The theory is also supported by the hearsay of what one of the hijackers reportedly told a relative. In February 2001, Khalid Almihdhar told a cousin that Osama bin Laden was planning to launch five attacks against the US (see Late October 2000-July 4, 2001). But during interrogations, some captured al-Qaeda leaders will reportedly insist that Moussaoui was only a back-up (see November 20, 2002), while others will claim that he was part of a follow-up operation (see Before 2008).

The 9/11 Commission holds a public hearing at which it takes testimony from military officials about the timeline of events on the day of 9/11. The key witness is retired Air Force General Larry Arnold, who commanded NORAD’s Continental US Region on the day of 9/11. Under questioning from commissioner Richard Ben-Veniste, Arnold says, “I believe that to be a fact: that 9:24 was the first time that we had been advised of American 77 as a possible hijacked airplane.” However, the Commission will later conclude that the military was not notified of the hijacking at this time, although it had been mistakenly advised Flight 11 was inbound to Washington three minutes previously (see 9:21 a.m. September 11, 2001 and (9:24 a.m.) September 11, 2001). Arnold adds that if the military was slow in responding to Flight 77, it was because “our focus—you have got to remember that there’s a lot of other things going on simultaneously here—was on United 93.” However, Flight 93 was not hijacked until a few minutes after 9:24 (see (9:28 a.m.) September 11, 2001). Arnold adds: “It was our intent to intercept United Flight 93. And in fact, my own staff, we were orbiting now over Washington, DC, by this time, and I was personally anxious to see what 93 was going to do, and our intent was to intercept it.” However, the Commission will later conclude that the military did not learn that Flight 93 had been hijacked until around 10:00 a.m. (see 10:03 a.m. September 11, 2001). Prior to the hearing, the Commission’s staff had been concerned about the inaccuracy of timelines offered by the military. Author Philip Shenon will write: “It seemed all the more remarkable to [Commission staffer John Farmer] that the Pentagon could not establish a clear chronology of how it responded to an attack on the Pentagon building itself. Wouldn’t the generals and admirals want to know why their own offices—their own lives—had been put at risk that morning?” Therefore, Farmer thought that the hearing should clear things up, but, according to Shenon, he and his colleagues are “astonished” when they analyze what Arnold says, although he is not under oath on this day. Shenon will add, “It would later be determined that almost every one of those assertions by General Arnold in May 2003 was flat wrong.” (Shenon 2008, pp. 119-121)

At Guantanamo, detainee Mohamed al-Khatani is given a tranquilizer, fitted with blackened goggles, and put on a plane. He is told he is being sent to a Middle Eastern country. What happens next is probably equivalent to the technique authorized under the description “false flag” by Defense Secretary Donald Rumsfeld’s April 16, 2003 memo on interrogation methods (see April 16, 2003). The plane returns to Guantanamo several hours later and he is taken to an isolation cell in the base’s brig where he is subjected to harsh interrogation procedures. He is led to believe that his interrogators are Egyptian national security operatives. In order to maintain the deception, the International Committee of the Red Cross (ICRC) is not permitted to visit Khatani during this time. (Lewis 1/1/2005)

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

Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” (White House 7/22/2004; Sands 5/2008)

Author Mike Ruppert.Author Mike Ruppert. [Source: From the Wilderness]Mike Ruppert, a former detective with the Los Angeles Police Department, publishes Crossing the Rubicon, in which he argues that al-Qaeda lauched the 9/11 attacks, but certain individuals within the Bush administration, the US Secret Service, and the CIA not only failed to stop the attacks but prevented others within government from stopping them. In contrast to other prominent skeptic literature (see, for example, November 8, 2005 and March 20, 2006), Ruppert focuses on non-physical evidence. He believes that those responsible for the attacks intended to use it as a pretext for war in the Middle East with the intention to gain control of a large amount of the planet’s oil reserves, which he thinks will soon start to run out, forcing prices higher. He also discusses the various war games on 9/11 (see (9:00 a.m.) September 11, 2001 and (9:40 a.m.) September 11, 2001), allegations of insider trading before the attacks (see Early September 2001), whether the CIA had a hand in thwarting the Moussaoui investigation (see August 20-September 11, 2001), and US relations with Pakistan and Saudi Arabia (see October 7, 2001 and January 2000)). (Ruppert 2004)

Shyam Sunder.Shyam Sunder. [Source: NIST]The National Institute of Standards and Technology (NIST) releases nearly 500 pages of documents, detailing the latest findings of its investigation of the WTC collapses on 9/11. These include its hypotheses for the collapse sequences of each of the Twin Towers; details of their analysis of interviews with nearly 1,200 building occupants, emergency responders, and victims’ relatives; and information from their analysis of the emergency response and evacuation procedures. Their investigation into the collapses is based upon an analysis of thousands of photos and videos, examination of many of the elements used to construct the towers, and computer-enhanced modeling of the plane impacts and the spreading of the fires. Their hypothesis is that the towers collapsed ultimately due to the fires they suffered: As the fires burned, the buildings’ steel core columns buckled and shortened. This shifted more load to the buildings’ perimeter columns, which were already affected by the heat of the fires, and caused them to give way under the increased stress. Investigators have conducted a test with a reconstructed section of the WTC floor, and found that the original fireproofing was sufficient to meet the New York City building code. They say that had a typical office fire occurred in the towers, without the structural damage and the loss of some fireproofing caused by the plane impacts, it is likely the buildings would have remained standing. Lead investigator Dr. Shyam Sunder says, “The buildings performed as they should have in the airplane impact and extreme fires to which they were subjected. There is nothing there that stands out as abnormal.” NIST’s theories of why the WTC buildings collapsed conflict with an earlier investigation by FEMA, which claimed the collapse of the North Tower had begun in its core, rather than its perimeter columns (see May 1, 2002). (National Institute of Standards and Technology 10/19/2004; Lipton 10/20/2004)

Dr. Michael Gelles, the head psychologist for the Naval Criminal Investigative Service (NCIS), says that torture and coercion do not produce reliable information from prisoners. Gelles adds that many military and intelligence specialists share his view. Gelles warned of problems with torture and abuse at Guantanamo nearly three years ago (see Early December, 2002 and December 18, 2002). And he is frustrated that Bush administration officials have “dismissed” critics of coercive techniques as weaklings and “doves” who are too squeamish to do what is necessary to obtain information from terror suspects. In reality, Gelles says, many experienced interrogators are convinced that torture and coercion do more harm than good. Gelles has extensive experience with interrogations in Iraq, Afghanistan, and Guantanamo, and notes that NCIS had interrogated Muslim terror suspects well before 9/11, including investigations into the 2000 bombing of the USS Cole (see October 12, 2000) and the 1983 bombing of a Marine barracks in Lebanon (see April 18-October 23, 1983).
'Rapport-Building' - The best way to extract reliable intelligence from a Muslim extremist, Gelles says, is through “rapport-building”—by engaging the suspect in conversations that play on his cultural sensitivities. Similar techniques worked on Japanese soldiers during the height of battles during World War II (see July 17, 1943). Gelles says he and others have identified patterns of questioning that can elicit accurate information from Islamist radicals, but refuses to discuss them specifically. “We do not believe—not just myself, but others who have to remain unnamed—that coercive methods with this adversary are… effective,” he says. “If the goal is to get ‘information,’ then using coercive techniques may be effective. But if the goal is to get reliable and accurate information, looking at this adversary, rapport-building is the best approach.”
Conflict between Experts, Pentagon Civilians - Gelles describes a sharp division between interrogation specialists such as himself, and civilian policymakers at the Pentagon. Many government specialists, including fellow psychologists, intelligence analysts, linguists, and interrogators who have experience extracting information from captured Islamist militants, agree with Gelles that coercion is not effective, but top civilians in the Office of the Secretary of Defense disagree. Coercive interrogations try to “vacuum up all the information you can and figure out later” what is true and what is not, he says. This method jams the system with false and misleading data. Gelles compares it to “coercive tactics leading to false confessions” by suspects in police custody. Many at the Pentagon and elsewhere mistake “rapport-building” techniques for softness or weakness. Just because those interrogations are not humiliating or physically painful, Gelles says, the techniques are not necessarily “soft.” Telling a detainee that he is a reprehensible murderer of innocents is perfectly acceptable, Gelles says: “Being respectful doesn’t mean you don’t confront, clarify, and challenge the detainee when he gives the appearance of being deceptive.” On the other hand, coercive techniques induce detainees to say anything to make the pain and discomfort stop. “Why would you terrify them with a dog?” Gelles asks, referring to one technique of threatening detainees with police dogs. “So they’ll tell you anything to get the dog out of the room?” Referring to shackling prisoners in “stress positions” for hours on end, Gelles adds: “I know there is a school of thought that believes [stress positions] are effective. In my experience, I’ve never seen it be of any value.” Innocent suspects will confess to imagined crimes just to stop the abuse, Gelles says.
Other Harmful Consequences - Gelles also notes that coercive techniques undermine the possibility of building rapport with the prisoner to possibly gain information from him. And, he says, unless the prisoner is either killed in custody or detained for life, eventually he will be released to tell the world of his captivity, damaging America’s credibility and moral authority. (Savage 3/31/2005; Savage 2007, pp. 217-218)

The National Institute of Standards and Technology (NIST), which is conducting an investigation into the WTC collapses on 9/11, releases three new reports. Investigators say that the Twin Towers would probably have remained standing if the fireproofing material that surrounded the buildings’ structural steel had not been stripped away when the planes hit. Their report states that “[t]he jet fuel, which ignited the fires, was mostly consumed within the first few minutes after impact. The fires that burned for almost the entire time that the buildings remained standing were due mainly to burning building contents and, to a lesser extent, aircraft contents, not jet fuel.” However, they claim, without the loss of fireproofing during the planes’ impacts, the heat from the fires would have been insufficient to cause the buildings to collapse. They say that although the architects had in 1964 tested the impact of a Boeing 707 airplane crashing into the 80th floor of one of the towers, they never envisioned the intense fires that ensued. NIST also reports that the time taken by survivors from the North Tower to descend a flight of stairs was about double the slowest evacuation speed estimated in a standard fire engineering text. They state: “approximately 87 percent of the WTC tower occupants, including more than 99 percent below the floors of impact, were able to evacuate successfully.” However, they say, if each tower had been full when they were hit, as many as 14,000 people could have died. (National Institute of Standards and Technology 4/5/2005; Matthews 4/5/2005; Williams 4/5/2005; Barrett 4/6/2005)

Zacarias Moussaoui.
Zacarias Moussaoui. [Source: Sherburne County Sheriffs Office]In an unexpected move, Zacarias Moussaoui pleads guilty to all six terrorism conspiracy charges against him. Moussaoui had been arrested weeks before 9/11, and was formally charged in December 2001 for his role in the 9/11 plot. He says it is “absolutely correct” that he is guilty of the charges: conspiracy to commit acts of terrorism transcending national boundaries; to commit aircraft piracy; to destroy aircraft; to use weapons of mass destruction; to murder US government employees; and to destroy US government property. However, he says, “I was not part of 9/11,” but rather claims he was part of a “broader conspiracy” aimed at post-9/11 attacks. He says he was personally directed by bin Laden to pilot a 747 and “strike the White House” with it, but as part of a “different conspiracy than 9/11.” His plea means there will be no trial to determine guilt, but there will still be a trial to determine his sentencing, which could be as severe as the death penalty. He promises to fight in the sentencing phase, stating he doesn’t deserve death because he was not directly connected to the 9/11 plot. (Arena and Hirschkorn 4/23/2005; Markon 4/23/2005) A CNN legal analyst notes that Moussaoui’s guilty plea “makes little sense.” Moussaoui may have actually had a chance to be proven not guilty because of the many thorny legal issues his case raises (two suspected members of the al-Qaeda Hamburg cell have been found not guilty in German courts because they have not been allowed access to testimony from al-Qaeda prisoners who might exonerate them, and Moussaoui so far has been denied access to those same prisoners (see March 22, 2005)). It is pointed out that Moussaoui gave a guilty plea without “any promise of leniency in exchange for his plea,” and that he is unlikely to gain any sympathetic advantage from it in the death penalty trial. CNN’s analyst notes that the statements in his plea “suggest that Moussaoui [mistakenly] thought he had tricked the prosecution.” Doubts still remain whether Moussaoui is fully mentally sound and capable of legally defending himself. (Dorf 4/28/2005) A counterterrorism expert for RAND Corporation says of Moussaoui’s rather confusing statements, “If we thought by the end of the day we would find the holy grail as to exactly what the genesis of 9/11 was and what Moussaoui’s role in it was, we have been sorely disappointed. This contradiction in his behavior raises more questions than it answers.” The Washington Post notes that, “It remains uncertain” whether the death penalty trial “will divulge much new information about the plot.” (Eggen 4/23/2005)

A report is secretly delivered to Congress by the Pentagon’s Office of Inspector General, regarding the inaccuracy of statements made by Defense Department officials on the military’s response to the September 11 hijackings. The 9/11 Commission made a formal request in summer 2004 for the inspector general to investigate the matter, because military officials had given testimony that was later proved to have been false (see Shortly before July 22, 2004). For example, they claimed that NORAD had been tracking Flight 93 on 9/11 and was ready to shoot it down if it threatened Washington (see Shortly Before 9:36 a.m. September 11, 2001 and (9:36 a.m.-10:06 a.m.) September 11, 2001). Yet audiotapes obtained under subpoena showed NORAD was unaware of this flight until after it crashed. In its report, the inspector general’s office states that it found “the inaccuracies, in part, resulted because of inadequate forensic capabilities.” It says that commanders found it difficult to create an accurate timeline of the events of 9/11 due to the lack of a well-coordinated system in logging information about air defense operations. At the time, air defense watch centers had used handwritten logs, and these could be unreliable. Following the attacks, the report claims, commanders failed to press hard enough for an accurate timeline to be produced for the benefit of investigations, like the 9/11 Commission. Yet, as some of the Commission’s staff will later point out, the military had already reviewed the NORAD audiotapes chronicling the events of 9/11 prior to its officials giving their incorrect testimonies. In response to a freedom of information request by the New York Times, the inspector general’s report will be publicly released in August 2006, but the equivalent of several pages will be blacked out on national security grounds. (Bronner 8/1/2006; Eggen 8/2/2006; Shenon and Dwyer 8/5/2006; Reuters 8/5/2006; US Department of Defense 9/12/2006 pdf file)
9/11 Staff Member Criticizes Report - In his 2009 book The Ground Truth, John Farmer, who served as senior counsel to the 9/11 Commission, will criticize the inspector general’s report. Farmer says the report mischaracterizes the 9/11 Commission’s referral by saying the Commission had alleged officials knowingly made false statements, when instead it had simply “documented the facts concerning what occurred on 9/11, the disparity between those facts and what the government had been telling the public with total assurance since 9/11, and the relative ease with which anyone looking could have uncovered those facts.” He faults the inspector general for interpreting the issue narrowly, by focusing on statements made to the 9/11 Commission; ignoring the larger context in which the events of 9/11 were extremely significant and so it should have been extremely important for the military to understand the truth of what happened, in order to correct any problems, as well as to be able to present an accurate account to the White House and to the public; and failing to address the question of whether the false accounts had served anyone’s interests. The inspector general’s report affirms the claims of top NORAD commanders that, in Farmer’s words, they had been “simply too busy fixing the system and fighting the war on terror to concern themselves with piecing together the facts of 9/11.” Farmer will ask, “[H]ow… could the Department of Defense identify and correct operational weaknesses without knowing precisely what had occurred that morning?” He will question the report’s determination that the Defense Department lacked the forensic capabilities for maintaining logs, video and audio recordings, and storing radar information, and had not coordinated with the FAA on reconstructing the events of 9/11, as the Commission had documented evidence that the two agencies had indeed coordinated while developing their reconstructions of events. Farmer will write that “it is impossible to conclude honestly, from the two inspector general reports, that the official version of the events of 9/11 was the result of mere administrative incompetence; too many questions remain unanswered.” He will add, “History should record that whether through unprecedented administrative incompetence or orchestrated mendacity, the American people were misled about the nation’s response to the 9/11 attacks.” (Farmer 2009, pp. 283-289)

Donald Shepperd, on the June 24 CNN broadcast.Donald Shepperd, on the June 24 CNN broadcast. [Source: CNN]Within hours of returning from a Pentagon-sponsored “fact-finding” trip to the Guantanamo detention facility (see June 24-25, 2005), CNN military analyst Don Shepperd, as planned (see June 25, 2005), extolls the virtues of the Pentagon’s handling of detainees on a lineup of CNN news broadcasts. As per his most recent briefing, he does not mention the case of Mohammed al-Khatani (see August 8, 2002-January 15, 2003), who has suffered extensive brutality at the hands of his captors. Instead, his “analyses” are so uniformly laudatory that, as commentator Glenn Greenwald will observe, they are “exactly what it would have been had [Defense Secretary Donald] Rumsfeld himself written the script.” After returning from his half-day visit, he participates in a live telephone interview with CNN anchor Betty Nguyen. He opens with the observation: “I tell you, every American should have a chance to see what our group saw today. The impressions that you’re getting from the media and from the various pronouncements being made by people who have not been here, in my opinion, are totally false. What we’re seeing is a modern prison system of dedicated people, interrogators and analysts that know what they are doing. And people being very, very well-treated. We’ve had a chance to tour the facility, to talk to the guards, to talk to the interrogators and analysts. We’ve had a chance to eat what the prisoners eat. We’ve seen people being interrogated. And it’s nothing like the impression that we’re getting from the media. People need to see this, Betty.… I have been in prisons and I have been in jails in the United States, and this is by far the most professionally-run and dedicated force I’ve ever seen in any correctional institution anywhere.” Shepperd watched an interrogation, and he describes it thusly: “[T]hey’re basically asking questions. They just ask the same questions over a long period of time. They get information about the person’s family, where they’re from, other people they knew. All the type of things that you would want in any kind of criminal investigation. And these were all very cordial, very professional. There was laughing in two of them that we…” Nguyen interrupts to ask, “Laughing in an interrogation?” and Shepperd replies: “In the two of them that we watched. Yes, indeed. It’s not—it’s not like the impression that you and I have of what goes on in an interrogation, where you bend people’s arms and mistreat people. They’re trying to establish a firm professional relationship where they have respect for each other and can talk to each other. And yes, there were laughing and humor going on in a couple of these things. And I’m talking about a remark made where someone will smirk or laugh or chuckle.” In another CNN interview three days later, Shepperd reiterates and expands upon his initial remarks, and says of the detainees: “[W]e have really gotten a lot of information to prevent attacks in this country and in other countries with the information they’re getting from these people. And it’s still valuable.” CNN does not tell its viewers that Shepperd is president of The Shepperd Group, a defense lobbying and consulting firm. (CNN 6/24/2005; Greenwald 5/9/2008)

Retired Air Force General Donald Shepperd, a CNN news analyst, returns from a “fact-finding” trip to Guantanamo Bay (see June 24-25, 2005) prepared to provide Pentagon talking points to CNN audiences. Shepperd is remarkably candid about his willingness to serve as a Pentagon propagandist, writing in a “trip report” he files with his handlers, “Did we drink the ‘Government Kool-Aid?’—of course, and that was the purpose of the trip.” He acknowledges that “a one day visit does not an expert make” (Shepperd and his fellow analysts spent less than four hours touring the entire facility, all in the company of Pentagon officials), and notes that “the government was obviously going to put its best foot forward to get out its message.” He adds that “former military visitors are more likely to agree with government views than a more appropriately skeptical press.” Shepperd also sends an e-mail to Pentagon officials praising the trip and asking them to “let me know if I can help you.” He signs the e-mail, “Don Shepperd (CNN military analyst).” Shepperd’s e-mail is forwarded to Larry Di Rita, a top public relations aide to Secretary of Defense Donald Rumsfeld. Di Rita’s reply shows just how much control the Pentagon wields over the analysts. Di Rita replies, “OK, but let’s get him briefed on al-Khatani so he doesn’t go too far on that one.” Di Rita is referring to detainee Mohammed al-Khatani (see August 8, 2002-January 15, 2003), who had been subjected to particularly brutal treatment. Shepperd will, as planned, praise the Guantanamo detainee program on CNN in the days and hours following his visit to the facility (see June 24-25, 2005). (Greenwald 5/9/2008) He will say in May 2008: “Our message to them as analysts was, ‘Look, you got to get the importance of this war out to the American people.’ The important message is, this is a forward strategy, it is better to fight the war in Iraq than it is a war on American soil.” (Folkenflik 5/1/2008)

Gordon Cucullu.Gordon Cucullu. [Source: The Intelligence Summit]“Independent military analyst” Gordon Cucullu, a former Green Beret, is an enthusiastic participant in the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). Cucullu has just returned from a half-day tour of the Guantanamo detention facility (see June 24-25, 2005), and is prepared to give the Pentagon’s approved message to the media.
Talking Points Covered in Fox Appearance - In an e-mail to Pentagon official Dallas Lawrence, he alerts the department to a new article he has written for conservative Website FrontPage, and notes that he has appeared on an early-morning broadcast on Fox News and delivered the appropriate talking points: “I did a Fox & Friends hit at 0620 this morning. Good emphasis on 1) no torture, 2) detainees abuse guards, and 3) continuing source of vital intel.” (Greenwald 5/9/2008)
Op-Ed: Pampered Detainees Regularly Abuse Guards - In the op-ed for FrontPage, entitled “What I Saw at Gitmo,” he writes that the US is being “extraordinarily lenient—far too lenient” on the detainees there. There is certainly abuse going on at Guantanamo, Cucullu writes—abuse of soldiers by the detainees. Based on his three-hour tour of the facility, which included viewing one “interrogation” and touring an unoccupied cellblock, Cucullu says that the detainees “fight their captors at every opportunity” and spew death threats against the soldiers, their families, and Americans in general. The soldiers are regularly splattered with “feces, urine, semen, and spit.” One detainee reportedly told another, “One day I will enjoy sucking American blood, although their blood is bitter, undrinkable.” US soldiers, whom Cucullu says uniformly treat the detainees with courtesy and restraint (see August 8, 2002-January 15, 2003), are constantly attacked by detainees who wield crudely made knives, or try to “gouge eyes and tear mouths [or] grab and break limbs as the guards pass them food.” In return, the detainees are given huge meals of “well-prepared food,” meals which typically overflow from two styrofoam containers. Many detainees insist on “special meal orders,” and throw fits if their meals are not made to order. The level of health care they are granted, Cucullu says, would suit even the most hypochondriac American. Cucullu writes that the detainees are lavished with ice cream treats, granted extended recreational periods, live in “plush environs,” and provided with a full array of religious paraphernalia. “They are not abused, hanged, tortured, beheaded, raped, mutilated, or in any way treated the way that they once treated their own captives—or now treat their guards.” The commander, Brigadier General Jay Hood, tells Cucullu that such pampered treatment provides better results than harsher measures. “Establishing rapport” is more effective than coercion, Hood says, and, in Cucullu’s words, Hood “refers skeptics to the massive amount of usable intelligence information [the detainees] produce even three years into the program.” In conclusion, Cucullu writes, the reader is “right to worry about inhumane treatment” at Guantanamo, but on behalf of the soldiers, not the detainees. (Cucullu 6/27/2005)

National Institute of Standards and Technology (NIST) releases a 12-page appendix to its final reports on the WTC collapses (see October 26, 2005) detailing tests it conducted on samples of the type of fireproofing used in the WTC. An earlier NIST report had concluded that loss of fireproofing was a major factor in the collapses (see April 5, 2005). The appendix was not included in earlier drafts of the report (see June 23, 2005) (National Institute of Standards and Technology 6/23/2005 pdf file; National Institute of Standards & Technology 9/2005, pp. 263-274 pdf file; National Institute of Standards and Technology 9/2005, pp. 149) NIST conducted a series of fifteen tests. In the tests projectiles were fired at fireproofing mounted on 12 inch x 12 inch plates, and steel bars with a one inch diameter. The fireproofing used in the tests was Blazeshield DC/F, one of the two grades of fireproofing used on the impact floors. In thirteen of the tests the projectiles were buckshot, which was fired at the steel samples from a modified shotgun at a distance of 29.5 ft. The other two tests used steel bolts and hexagon nuts, fired with less velocity and at closer range. According to NIST, “The test results support the assumption that, within the debris field created by the aircraft impact into WTC 1 and WTC 2, the SFRM [i.e., fireproofing] used for thermal insulation of structural members was damaged and dislodged.” (National Institute of Standards & Technology 9/2005, pp. 83, 263-274 pdf file)

Steven E. Jones.Steven E. Jones. [Source: Publicity photo]Steven E. Jones, a 20-year physics professor at Brigham Young University in Utah, posts a 9,000-word academic paper on the Internet, in which he says it is likely there were explosives in the three WTC towers that collapsed on 9/11. In his paper, which has been accepted for peer-reviewed publication in 2006, he states, “It is quite plausible that explosives were pre-planted in all three buildings and set off after the two plane crashes—which were actually a diversion tactic.… Muslims are (probably) not to blame for bringing down the WTC buildings after all.” He says the official explanation for the collapses—that fires and structural damage caused them—cannot be backed up by either testing or history. The Pittsburgh Tribune-Review will comment, “Jones isn’t the first to make this shocking/unbelievable claim… But it’s hard to imagine anyone making it clearer.” Jones, who conducts research in fusion and solar energy, wants a new, independent investigation into what caused the collapses. (Jarvik 11/10/2005; KUTV 2 (Salt Lake City) 11/10/2005; MSNBC 11/16/2005; Pittsburgh Tribune-Review 11/20/2005)

Zacarias Moussaoui.Zacarias Moussaoui. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui becomes the first and only person charged in direct connection with the 9/11 attacks to stand trial in the US. (Sniffen and Barakat 3/17/2006) He was preparing to hijack an aircraft and fly it into a target when he was arrested 26 days before 9/11 (see August 16, 2001 and April 22, 2005). Although there has been disagreement whether Moussaoui was to take part in the actual attack of 9/11 or a follow-up plot (see January 30, 2003), the prosecution alleges that Moussaoui had information related to the attacks (see August 16, 2001) and facilitated them by lying and not disclosing everything he knew to the FBI. He is charged with six counts, including conspiracy to commit acts of terrorism and conspiracy to commit aircraft piracy. (US District Court for the Eastern District of Virginia, Alexandria Division 12/11/2001 pdf file) The trial receives much media coverage and the highlights include the playing of United 93’s cockpit recorder (see April 12, 2006), a row over a government lawyer coaching witnesses (see March 13, 2006), and testimony by FBI agent Harry Samit (see March 9 and 20, 2006), former FBI assistant director Michael Rolince (see March 21, 2006), and Moussaoui himself (see March 27, 2006). Moussaoui is forced to wear a stun belt, controlled by one of the marshalls, under his jumpsuit. The belt is to be used if Moussaoui lunges at a trial participant. (Lewis 4/17/2006) He has already pleaded guilty (see April 22, 2005) and the trial is divided into two phases; in the first phase the jury decides that Moussaoui is eligible for the death penalty, but in the second phase it fails to achieve unanimity on whether Moussaoui should be executed (see May 3, 2006). (Barakat 4/3/2006; Lewis 4/17/2006)

FBI agent Harry Samit testifying at the Moussaoui trial.FBI agent Harry Samit testifying at the Moussaoui trial. [Source: Agence France-Presse]FBI agent Harry Samit testifies at the trial of Zacarias Moussaoui (see March 6-May 4, 2006). Samit was one of the main agents involved in Moussaoui’s arrest and bombarded his superiors with messages about the danger Moussaoui posed (see August 21, 2001 and August 21, 2001). Under direct examination he relates what happened in August 2001 (see August 22, 2001). The prosecutor asks Samit several times what he would have done if Moussaoui had told the truth, and Samit is usually allowed by the judge to say how it would have helped the investigation and made 9/11 less likely. (US District Court for the Eastern District of Virginia, Alexandria Division 3/9/2006) However, under cross examination Samit says he was not fooled by Moussaoui’s lies and that he immediately suspected him of preparing to hijack an airplane, but the investigation was thwarted by FBI headquarters, and the Radical Fundamentalist Unit in particular. He admits that he told the Justice Department’s Office of Inspector General that FBI headquarters was guilty of “obstructionism, criminal negligence, and careerism,” and that its opposition blocked “a serious opportunity to stop the 9/11 attacks.” (Sniffen 3/20/2006) Samit says he warned his supervisors more than 70 times that Moussaoui was an al-Qaeda operative who might be plotting to hijack an airplane and fly it into a building, and that he was regularly thwarted by two superiors, David Frasca and Michael Maltbie. Reporting Samit’s testimony, the London Times will conclude that “the FBI bungled the Moussaoui investigation.” (Reid 4/25/2006) Similar charges were made by one of Samit’s colleagues, Coleen Rowley, after 9/11 (see May 21, 2002). The Los Angeles Times will comment, “His testimony appeared to undermine the prosecution’s case for the death penalty.” (Serrano 3/20/2006)

Judge Leonie Brinkema halts the trial of Zacarias Moussaoui (see March 6-May 4, 2006) after it is discovered that Transportation Security Administration lawyer Carla J. Martin violated a court order prohibiting witnesses from following the trial. Martin e-mailed transcripts to seven witnesses and coached them on their testimony. Brinkema calls it “the most egregious violation of the court’s rules on witnesses [I have seen] in all the years I’ve been on the bench.” Even the prosecution says, “We frankly cannot fathom why she engaged in such conduct.” (Markon and Dwyer 3/14/2006; Sniffen and Barakat 3/17/2006) Brinkema allows the prosecution to continue to seek the death penalty, but initially removes the aviation security portion of evidence from its case. However, after the prosecution complains this makes the proceedings pointless, she reinstates some of it, allowing the trial to continue. (Sniffen 3/15/2006; Hirschkorn 3/16/2006; Sniffen and Barakat 3/17/2006) As a result of her actions, Martin is placed on paid leave. Additionally, Pennsylvania’s lawyer disciplinary board begins an investigation and federal prosecutors explore charges. (Markon 7/10/2006) Martin’s e-mails also reveal that she has been communicating with attorneys for United and American Airlines. This prompts seven victims’ relatives, who are suing the airlines for being negligent on 9/11, to file a civil action against her alleging that she is trying to help the airline industry avoid civil liability. (CBS News 4/7/2006; Hirschkorn 4/26/2006)

Charlie SheenCharlie Sheen [Source: Publicity photo]Well-known Hollywood actor Charlie Sheen reveals that he believes there is a massive US government coverup of what really occurred on 9/11. Appearing on the Alex Jones radio show, he says, “It seems to me like 19 amateurs with boxcutters taking over four commercial airliners and hitting 75 percent of their targets, that feels like a conspiracy theory. It raises a lot of questions.” (Zwecker 3/23/2006) He says, “I saw the South Tower hit live, that famous wide shot where it disappears behind the building and then we see the tremendous fireball,” and comments, “it didn’t look like any commercial jetliner I’ve flown on any time in my life.” He questions how a commercial plane could have performed the elaborate maneuvers necessary to hit the Pentagon, as Flight 77 reportedly did, and also says the collapses of the Twin Towers looked like a “controlled demolition.” (CNN 3/22/2006) In response, some newspaper columnists ridicule him, with the New York Post accusing him of joining the “9/11 gone-bonkers brigade,” and a columnist with the London Guardian calling him “insane.” (Johnson 3/23/2006; Hyde 3/25/2006) However, CNN’s daily entertainment news show Showbiz Tonight gives him more sympathetic attention, and covers the story four shows in succession. Several celebrities defend Sheen’s right to express his views. Bestselling author Erica Jong says he has “done his homework, and he’s asking questions. He’s speaking truth to power, which is a brave thing to do.” (CNN 3/22/2006; CNN 3/23/2006; CNN 3/24/2006; CNN 3/27/2006)

Michael Rolince, who headed the FBI’s International Terrorism Operations Section when Zacarias Moussaoui was arrested, testifies at Moussaoui’s trial (see March 6-May 4, 2006). He initially states that he was only informed of the Moussaoui case before 9/11 in two brief hallway conversations (see Late August 2001) and did not read a memo sent to him by the Minneapolis field office. However, under cross-examination he admits he also discussed a plan to deport Moussaoui to France, where his belongings could be searched (see (August 30-September 10, 2001)). (Barakat 3/21/2006; Sniffen 3/21/2006) According to Newsday, Rolince appears “red-faced and flustered” at the end of the cross-examination and makes the court burst out laughing when he says he did not approve a briefing to FBI field offices about bin Laden threats in the US (see Before April 13, 2001), even though the briefing states he approved it. He says one of his subordinates may have approved it. (Sniffen 3/21/2006; Riley 3/22/2006) Rolince is called by the prosecution, which wants him to give a list of steps the FBI would have taken if Moussaoui had confessed. However, Judge Brinkema states that, “Juries cannot decide cases on speculation… Nobody knows what would have happened.” (Sniffen 3/21/2006; Barakat 3/22/2006)

During the trial of Zacarias Moussaoui (see also March 6-May 4, 2006), the prosecution claims that if Zacarias Moussaoui had not lied when arrested and questioned (see August 16, 2001) and had provided information about the plot (see August 16, 2001), the FAA could have altered its security procedures to deal with the suicide hijacker threat. Prosecution witness Robert Cammaroto, an aviation security officer, says that security measures in effect before 9/11 were designed to cope with different types of threats, such as “the homesick Cuban,” rather than suicide hijackings. He says that if the FAA had more information about Moussaoui, its three dozen air marshals could have been moved from international to domestic flights, security checkpoints could have been tightened to detect short knives like the ones Moussaoui had, and flight crews could have been instructed to resist rather than cooperate with hijackers. Most of these steps could have been implemented within a matter of hours. However, Cammarato admits that the FAA was aware before 9/11 that terrorists considered flying a plane into the Eiffel Tower and that al-Qaeda has performed suicide operations on land and sea. (Sniffen 3/22/2006)

Ahmed Alnami’s youth hosteling card found in the Flight 93 crash site.Ahmed Alnami’s youth hosteling card found in the Flight 93 crash site. [Source: FBI]During the trial of Zacarias Moussaoui (see March 6-May 4, 2006), the Reporters Committee for Freedom of the Press publishes a significant portion of the exhibits used during the trial. (Reporters Committee for Freedom of the Press 12/4/2006) Previously, only a few items of the evidence linking the attacks to al-Qaeda were made public. For example, the 9/11 Commission’s Terrorist Travel Monograph contained 18 documents of the alleged hijackers and their associates. (9/11 Commission 8/21/2004, pp. 171-195 pdf file) The published exhibits include:
bullet Items belonging to the alleged hijackers that were recovered from the crash sites and Logan airport;
bullet Some details of the hijackers’ movements in the US;
bullet Graphic photos of dead victims and body parts in the Pentagon and WTC ruins;
bullet Substitutions for testimony from some of the main plotters such as Khalid Shaikh Mohammed;
bullet The missing chapter from the Justice Department’s Office of Inspector General’s review of the FBI’s performance before 9/11 (see June 9, 2005); and
bullet FBI and CIA documents. (Reporters Committee for Freedom of the Press 12/4/2006)
At the end of July, the US District Court for the Eastern District of Virginia, Alexandria Division, publishes more of the exhibits used in the trial. The additionally published exhibits include, for example:
bullet Documents of the hijackers found at the crash sites and Logan airport, such as Satam Al Suqami’s passport (see After 8:46 a.m. September 11, 2001), Ahmed Alnami’s youth hosteling card, and old correspondence between Mohamed Atta and the German authorities;
bullet Recordings of calls made by the passengers from the flights and recordings of the hijacker pilots talking to the passengers;
bullet Documents about the alleged hijackers prepared by the FBI such as a True Name Usage Chart for 2001 and chronologies for eleven of the hijackers from August 16-September 11, 2001;
bullet Documents from the hijackers’ flight schools;
bullet A small sample of the hijackers’ banking and phone records.
However, some of the exhibits are not disclosed. For example, the cockpit voice recording from United 93 is sealed and only a transcript is made available. (US District Court for the Eastern District of Virginia 7/31/2006)

Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11.Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11. [Source: Mirrorpix(.com)]Against the will of his defense attorneys, Zacarias Moussaoui takes the stand at his trial (see March 6-May 4, 2006) and claims that he was supposed to fly a fifth plane on 9/11. He says the plane would have targeted the White House and one of the muscle hijackers would have been shoe-bomber Richard Reid (see December 22, 2001). However, he claims not to have known the details of the other hijackings, only that the WTC would be hit. He does not mention any other collaborators aside from Reid, who has already been sentenced to a long prison term. When the prosecution asks him whether he lied to FBI investigators so the plan could go forward he replies, “That’s correct.” An Associated Press expert calls this, “a stunning revelation that would help prosecutors rather than him.” (Sniffen 3/27/2006) In what the New York Times calls a “bizarre moment,” the defense team, aware of the damage this admission could do, subject Moussaoui to tough questioning and the chief prosecutor objects that one of the defense attorneys is badgering his own client. (Lewis 4/17/2006)
Uncertainty over Fifth Jet - There is some dispute over whether Moussaoui was indeed to have flown a fifth plane (see January 30, 2003 and Before 2008). Following the testimony, the defense reads statements made by al-Qaeda leaders who are in custody, but are not permitted to testify at the trial (see May 14, 2003 and March 22, 2005). The statements say that Moussaoui was not part of 9/11, but a follow-up operation. (Associated Press 3/28/2006; US District Court for the Eastern District of Virginia 7/31/2006 pdf file) However, these statements were obtained using torture (see June 16, 2004). The government later concedes that there is no evidence linking Richard Reid to 9/11. (Barakat 4/20/2006)
"Complete Fabrication" - Moussaoui had denied being part of 9/11 before the trial (see April 22, 2005). By the end of the trial he will do so again, calling the confession he makes on this day “a complete fabrication.” (Sniffen 5/8/2006)

The cockpit voice recorder tape from United 93, which crashed in Shanksville, Pennsylvania (see (10:06 a.m.) September 11, 2001), is played at the trial of Zacarias Moussaoui (see March 6-May 4, 2006) just before the prosecution rests its case. Translations are displayed on a screen along with information taken from the plane’s flight data recorder, such as speed, altitude, and steering yoke position. (Sniffen 4/12/2006; Naughton and Knight 4/12/2006) The recording is sealed by the judge and a transcript is made available to the public. (US District Court for the Eastern District of Virginia, Alexandria Division 7/31/2006) This is a big media event and it receives lots of coverage. CNN, for example, calls it “an absolutely spellbinding, unforgettable day in court.” Many of the passages are unintelligible, but the recording seems to indicate that the hijackers murdered a flight attendant. (CNN 4/12/2006; US District Court for the Eastern District of Virginia, Alexandria Division 7/31/2006 pdf file) Some of the victims’ relatives previously heard the recording at a private meeting (see April 18, 2002).

Zacarias Moussaoui on his way to the Supermax prison.Zacarias Moussaoui on his way to the Supermax prison. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” (Dwyer 5/12/2006) As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” (Sniffen 5/8/2006)

Actor Kiefer Sutherland as ‘Jack Bauer.’Actor Kiefer Sutherland as ‘Jack Bauer.’ [Source: Stuff.co.nz]Law professor Phillippe Sands begins a series of interviews with the former staff judge advocate for the US Army in Guantanamo, Lieutenant Colonel Diane Beaver. She is the author of a legal analysis that was used by the Bush administration to justify its extreme interrogation techniques (see October 11, 2002). Sands describes her as “coiled up—mistreated, hung out to dry.” She is unhappy with the way the administration used her analysis, and notes that she was guided in her work at Guantanamo by personnel from the CIA and Defense Intelligence Agency. She believes that some of the interrogation techniques were “reverse-engineered” from a training program called SERE—Survival, Evasion, Resistance, and Escape—though administration officials have denied this. Several Guantanamo personnel were sent to Fort Bragg, SERE’s home, for a briefing on the program (see December 2001, January 2002 and After, Mid-April 2002, Between Mid-April and Mid-May 2002, July 2002, July 2002, July 2002, and August 1, 2002). Military training was not the only source of inspiration. Fox’s television drama 24 came to a conclusion in the spring of 2002, Beaver recalls. One of the overriding messages of that show is that torture works. “We saw it on cable,” Beaver remembers. “People had already seen the first series. It was hugely popular.” The story’s hero, Jack Bauer, had many friends at Guantanamo, Beaver adds. “He gave people lots of ideas.” She recalls in graphic terms how excited many of the male personnel became when extreme interrogation methods were discussed. “You could almost see their d_cks getting hard as they got new ideas,” she will say. “And I said to myself, You know what? I don’t have a d_ck to get hard—I can stay detached.” The FBI and the Naval Criminal Investigative Service refused to become involved in aggressive interrogations, she says (see Late March through Early June, 2002 and December 17, 2002). (Sands 5/2008)

President Bush signs the Military Commissions Act into law.President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. (White House 10/17/2006) The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). (Mariner 10/9/2006) It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. (Cohen 10/19/2006) However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). (Savage 2007, pp. 319, 322)
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” (Babington and Weisman 10/19/2006) After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” (New York Times 10/19/2006)
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. (Mariner 10/9/2006) Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. (Savage 2007, pp. 322)
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. (Mariner 10/9/2006)
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” (Parry 10/19/2006)
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. (Mariner 10/9/2006)
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. (Mariner 10/9/2006) The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. (Goodman 10/4/2006) Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. (Benjamin 5/22/2007)
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. (Mariner 10/25/2006)
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. (Dean 2007, pp. 239-240)

The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are:
bullet Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding.
bullet Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US.
bullet Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training.
bullet Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998).
bullet Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks.
bullet Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan.
Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.”
Treatment of Detainees an Issue - While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture.
Details of Forthcoming Tribunals - While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients.
'Kangaroo Court' - British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. (Gumbel 2/12/2008) The charges against al-Khahtani are dropped several months later (see May 13, 2008).

The Congressional Quarterly reports on a growing body of evidence that indicates US interrogators are using mind-altering drugs on prisoners suspected of terrorist ties. The evidence is not yet conclusive, but reporter Jeff Stein writes: “There can be little doubt now that the government has used drugs on terrorist suspects that are designed to weaken their resistance to interrogation. All that’s missing is the syringes and videotapes.”
Connection to Yoo Memo - The idea that the US might be using hallucinogenic or other drugs on detainees in Guantanamo and other US detention facilities was bolstered by the recent revelation of another “torture memo,” this one written in 2003 by then-Justice Department lawyer John Yoo (see March 14, 2003). Yoo wrote that US interrogators could use mind-altering drugs on terror suspects as long as the drugs did not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” Yoo first rationalized the use of drugs on prisoners in earlier “torture memos” (see January 9, 2002 and August 1, 2002).
Criticism - Stephen Miles, a bioethicist and author of a recent book detailing medical complicity in US torture of suspected terrorists, notes: “The new Yoo memo, along with other White House legal memoranda, shows clearly that the policy foundation for the use of interrogational drugs was being laid. The recent memo on mood-altering drugs does not extend previous work on this area. The use of these drugs was anticipated and discussed in the memos of January and February 2002 by [Defense Department, Justice Department], and White House counsel using the same language and rationale. The executive branch memos laid a comprehensive and reiterated policy foundation for the use of interrogational drugs.” Jeffrey Kaye, a clinical psychologist who works with torture victims through Survivors International, says plainly: “Yes, I believe [drugs] have been used. I came across some evidence that they were using mind-altering drugs, to regress the prisoners, to ascertain if they were using deception techniques, to break them down.”
Varieties of Drugs and Placebos Being Used? - It is well known that US military personnel often use sedatives on shackled and hooded prisoners on “rendition” flights from Middle Eastern countries to Guantanamo. There is no hard evidence to support claims that US interrogators are using hallucinogenic drugs such as LSD on detainees. However, Michael Caruso, who represents suspected al-Qaeda operative Jose Padilla (see May 8, 2002), filed a motion last year asserting that his client “was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.” Caruso had no proof to back up his claim.
KUBARK - Stein notes that a 1963 CIA interrogation manual, code-named KUBARK, advocated the use of placebos as well as real drugs on prisoners. And Michael Gelles, a psychologist with the Naval Criminal Investigative Institute who has spoken out against the abuse of prisoners at Guantanamo, says that he never saw anything related to drugs. “I never saw that raised as an issue,” he says. Hallucinogens such as LSD do not make subjects tell the truth. According to KUBARK, “Their function is to cause capitulation, to aid in the shift from resistance to cooperation.”
Winging It - In July 2003, the CIA, the RAND Corporation, and the American Psychological Association hosted a workshop that explored the question of using drugs to “affect apparent truth-telling behavior” (see June 17-18, 2003). After 9/11, top Bush administration officials pushed military commanders for quick intelligence but, according to a recent study, the interrogators unsure how to use harsher methodologies (see December 2006) and began “mak[ing] it up on the fly.”
Guantanamo - Guantanamo staff judge advocate Lieutenant Colonel Diane Beaver says that some of the interrogators drew inspiration from the popular TV drama 24 (see Fall 2006). Beaver makes no mention of drugs being used, but Ewe Jacobs, the director of Survivors International, says she may not have seen or heard about their use. “The Guantanamo camps were isolated from one another,” he says. What happened in one part of the facility may not have been known in other areas. Miles adds, “I suspect that most of the use of interrogational drugs was by CIA and Special Ops interrogators, and thus still remains classified.”
Credibility Issues - As with victims of the CIA’s MK-ULTRA program from the 1960s and 70s, when unwitting subjects were dosed with hallucinogenic drugs and their reactions catalogued and observed, the detainees who may have been forcibly given such drugs will likely not be believed by many. Absent hard evidence, many will consider the detainees either “looney,” in Stein’s words, or liars. Few believe that Padilla was drugged. And, Stein concludes, “Even fewer will believe the other prisoners, a number of whom are deranged from prolonged interrogation—if they ever get out.” (Stein 4/4/2008)

The US military dismisses charges against Mohammed al-Khatani. In February 2008, al-Khatani was part of a small group of detainees held at the Guantanamo prison charged before a military tribunal with involvement in the 9/11 attacks (see February 11, 2008). Al-Khatani is said to be the would-be “20th hijacker” who was refused entry to the US in August 2001 (see August 4, 2001). However, he was later captured and subjected to months of torture at Guantanamo (see August 8, 2002-January 15, 2003). The Pentagon official who announces the dismissal of charges against him, Convening Authority Susan Crawford, gives no explanation. The charges are dismissed “without prejudice,” which means they could be reinstated at any time. However, many believe that the charges against him are dismissed because of the torture he underwent, as well as the fact that he appears to have only been a unsuccessful low-level figure in the plot. (Glaberson 5/14/2008) In 2006, MSNBC predicted that he would never face trial due to the way he was tortured (see October 26, 2006). However, he still remains imprisoned at Guantanamo. In January 2009, Crawford will confirm that she dismissed the case against al-Khatani because he was indeed tortured (see January 14, 2009). She will say that the treatment suffered by al-Khatani “did shock me,” and will continue: “I was upset by it. I was embarrassed by it. If we tolerate this and allow it, then how can we object when our servicemen and women, or others in foreign service, are captured and subjected to the same techniques? How can we complain? Where is our moral authority to complain? Well, we may have lost it.” Crawford will lay much of the blame for al-Khatani being tortured at the feet of then-Defense Secretary Donald Rumsfeld. “A lot of this happened on his watch,” she will say. (Woodward 1/14/2009)

Mohamed al-Khatani in September 2009.Mohamed al-Khatani in September 2009. [Source: US Defense Department]Military prosecutors at Guantanamo say they are going to file new war crimes charges against Mohamed al-Khatani, the so-called “20th hijacker” in the 9/11 plot. The senior official in charge of prosecutions at Guantanamo, Susan Crawford, dismissed similar charges against al-Khatani six months before (see May 13, 2008). Military officials now say that even though al-Khatani was originally interrogated using previously approved, then later disapproved, techniques (see August 8, 2002-January 15, 2003 and October 11, 2002), those previous interrogations will not make it impossible to try him. Speculation has been rife that Crawford dismissed the charges against al-Khatani over concerns that he was tortured at Guantanamo. (In 2009, Crawford will verify that al-Khatani was indeed tortured—see January 14, 2009). Colonel Lawrence Morris, the chief prosecutor at Guantanamo, says of al-Khatani, “His conduct is significant enough that he falls into the category of people who ought to be held accountable by being brought to trial.” According to evidence compiled by the 9/11 Commission, al-Khatani was slated to have been one of the “muscle hijackers” (see August 4, 2001). Lieutenant Colonel Bryan Broyles, al-Khatani’s defense lawyer, says new charges filed against his client would be disturbing. “It speaks about the moral bankruptcy of this whole process,” Broyles says, “that there’s nothing we can do to these people that is too much, that there are no consequences for our own misconduct.” (Glaberson 11/18/2008)

Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. (Woodward 1/14/2009; Glaberson 1/14/2009) His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. (Glaberson 1/14/2009)
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” (Woodward 1/14/2009)
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” (Woodward 1/14/2009)
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” (Woodward 1/14/2009)

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