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Context of '1996-2008: FBI Uses InfraGard to Train Private Citizens to Cooperate with Government, Potentially Enforce Martial Law'

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Headline from the New York Times regarding the ‘Roe’ decision.Headline from the New York Times regarding the ‘Roe’ decision. [Source: RubeReality (.com)]The US Supreme Court, in a 7-2 decision, legalizes abortion on a federal level in the landmark case of Roe v. Wade. The majority opinion is written by Justice Harry Blackmun; he is joined by Chief Justice Warren Burger and Justices William O. Douglas, William Brennan, Potter Stewart, Thurgood Marshall, and Lewis Powell. Justices Byron “Whizzer” White and William Rehnquist dissent from the opinion. Blackmun’s majority opinion finds that the 14th Amendment’s guarantees of personal liberty and previous decisions protecting privacy in family matters include a woman’s right to terminate her pregnancy. White’s dissent argues that the Court has “fashion[ed] and announce[d] a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invest[ed] that right with sufficient substance to override most existing state abortion statutes.” The decision does not make abortion freely available to women in any stage of pregnancy. It places the following constraints:
bullet No restrictions on availability are made during the first trimester (three months) of a woman’s pregnancy.
bullet Because of increased risks to a woman’s health during the second trimester, the state may regulate the abortion procedure only “in ways that are reasonably related to maternal health.”
bullet In the third and final trimester, since the rate of viability (live birth) is markedly greater than in the first two trimesters, the state can restrict or even prohibit abortions as it chooses, “except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”
Originally brought to challenge a Texas law prohibiting abortions, the decision disallows a host of state and federal restrictions on abortion, and sparks an enormous controversy over the moral, religious, and legal viability of abortion that continues well into the 21st century. (ROE v. WADE, 410 US 113 (1973) 1/22/1973; Mears and Franken 1/22/2003; National Abortion Federation 2010) In a related case, Roe v. Bolton, the Court strikes down restrictions on facilities that can be used to provide abortions. The ruling leads to the establishment of so-called “abortion clinics.” (CBS News 4/19/2007)

Bomb damage in underground levels of the WTC in 1993.Bomb damage in underground levels of the WTC in 1993. [Source: Najlah Feanny/ Corbis]An attempt to topple the World Trade Center fails, but six people are killed and over 1000 are injured in the misfired blast. An FBI explosives expert later states that, “If they had found the exact architectural Achilles’ heel or if the bomb had been a little bit bigger, not much more, 500 pounds more, I think it would have brought her down.” Ramzi Yousef, who has close ties to bin Laden, organizes the attempt. (Friedman 3/30/1993; US Congress 2/24/1998) The New York Times later reports on Emad Salem, an undercover agent who will be the key government witness in the trial against Yousef. Salem testifies that the FBI knew about the attack beforehand and told him they would thwart it by substituting a harmless powder for the explosives. However, an FBI supervisor called off this plan, and the bombing was not stopped. (Blumenthal 10/28/1993) Other suspects were ineptly investigated before the bombing as early as 1990. Several of the bombers were trained by the CIA to fight in the Afghan war, and the CIA later concludes, in internal documents, that it was “partly culpable” for this bombing (see January 24, 1994). (Marshall 11/1/1998) 9/11 mastermind Khalid Shaikh Mohammed is an uncle of Yousef and also has a role in the WTC bombing (see March 20, 1993). (Gumbel 6/6/2002; McDermott 9/1/2002) One of the attackers even leaves a message which will later be found by investigators, stating, “Next time, it will be very precise.” (Neumeister 9/30/2001)

InfraGard logo.InfraGard logo. [Source: Progressive.org]Twenty-three thousand executives and employees of various private firms work with the FBI and the Department of Homeland Security. The group, called InfraGard, receives secret warnings of terrorist threats well in advance of public notification, and sometimes before elected officials. In return, InfraGard provides information to the government. InfraGard is a quiet quasi-governmental entity which wields an unknown, but extensive, amount of power and influence. Michael Hershman, the chairman of the advisory board of the InfraGard National Members Alliance (INMA) and the CEO of an international consulting firm, calls InfraGard “a child of the FBI.” The organization started in Cleveland in 1996, when business members cooperated with the FBI to investigate cyber-threats. The FBI then “cloned it,” according to Phyllis Schneck, chairman of the board of directors of the INMA. Schneck is one of the biggest proponents of InfraGard. As of February 2008, 86 chapters of InfraGard exist in each of the 50 states, operating under the supervision of local FBI agents. “We are the owners, operators, and experts of our critical infrastructure, from the CEO of a large company in agriculture or high finance to the guy who turns the valve at the water utility,” says Schneck. According to the InfraGard website, “At its most basic level, InfraGard is a partnership between the Federal Bureau of Investigation and the private sector. InfraGard chapters are geographically linked with FBI Field Office territories.” After the 9/11 attacks, InfraGard experiences explosive growth—from 1,700 members in November 2001 to 23,682 members in January 2008. 350 members of the Fortune 500 have members in InfraGard. Prospective members are sponsored by existing members, then vetted by the FBI. The organization accepts members from agriculture, banking and finance, and chemical industry, defense, energy, food, information and telecommunications, law enforcement, public health, and transportation industries.
Controlled Exposure - InfraGard’s inner workings are not available to the general public; its communications with the FBI and DHS are not accessible through the Freedom of Information Act under the “trade secrets” exemption. And InfraGard carefully controls its exposure and contact with the media. According to the InfraGard website: “The interests of InfraGard must be protected whenever presented to non-InfraGard members. During interviews with members of the press, controlling the image of InfraGard being presented can be difficult. Proper preparation for the interview will minimize the risk of embarrassment.… The InfraGard leadership and the local FBI representative should review the submitted questions, agree on the predilection of the answers, and identify the appropriate interviewee.… Tailor answers to the expected audience.… Questions concerning sensitive information should be avoided.”
Advance Warning from the FBI - InfraGard members receive quick alerts on any potential terrorist threat or a possible disruption of US infrastructure. Its website boasts that its members can “[g]ain access to an FBI secure communication network complete with VPN encrypted website, webmail, listservs, message boards, and much more.” Hershman says members receive “almost daily updates” on threats “emanating from both domestic sources and overseas.” Schneck adds, “We get very easy access to secure information that only goes to InfraGard members. People are happy to be in the know.” Shortly after the 9/11 attacks, an InfraGard member passed along an FBI warning about a potential threat to California’s bridges to then-Governor Gray Davis, who had not yet heard anything from the FBI (see November 1, 2001). In return, InfraGard members cooperate with FBI and DHS operations. Schneck says: “InfraGard members have contributed to about 100 FBI cases. What InfraGard brings you is reach into the regional and local communities. We are a 22,000-member vetted body of subject-matter experts that reaches across seventeen matrixes. All the different stovepipes can connect with InfraGard.” The relationships between the FBI and InfraGard members are key, she says. “If you had to call 1-800-FBI, you probably wouldn’t bother,” she says. “But if you knew Joe from a local meeting you had with him over a donut, you might call them. Either to give or to get. We want everyone to have a little black book.” InfraGard members have phone numbers for DHS, the FBI, and to report cyber-threats. InfraGard members who call in “will be listened to,” she says; “your call [will] go through when others will not.” The American Civil Liberties Union, who has warned about the potential dangers of Infragard to constitutional liberties (see August 2004), retorts, “The FBI should not be creating a privileged class of Americans who get special treatment. There’s no ‘business class’ in law enforcement. If there’s information the FBI can share with 22,000 corporate bigwigs, why don’t they just share it with the public? That’s who their real ‘special relationship’ is supposed to be with. Secrecy is not a party favor to be given out to friends.… This bears a disturbing resemblance to the FBI’s handing out ‘goodies’ to corporations in return for folding them into its domestic surveillance machinery.”
Preparing for Emergencies, Martial Law - InfraGard members are “very much looped into our readiness capability,” says a DHS spokeswoman. Not only does DHS “provide speakers” and do “joint presentations” with the FBI, but “[w]e also train alongside them, and they have participated in readiness exercises.” InfraGard members are involved with the Bush administration’s “National Continuity Policy,” which mandates that DHS coordinate with “private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.” InfraGard members participate in “national emergency preparation drills,” Schneck says, sometimes by the hundreds. InfraGard members are drilling in preparation for martial law, members say. One business owner recently attended a meeting conducted by FBI and DHS officials. He recalls, “The meeting started off innocuously enough, with the speakers talking about corporate espionage. From there, it just progressed. All of a sudden we were knee deep in what was expected of us when martial law is declared. We were expected to share all our resources, but in return we’d be given specific benefits.” In the event of martial law being declared, Infragard members will have the ability to travel in restricted areas and to evacuate citizens. But they will have other abilities and duties as well. InfraGard members, says the business owner, will be authorized to “shoot to kill” if necessary to maintain order and “protect our portion of the infrastructure. [I]f we had to use deadly force to protect it, we couldn’t be prosecuted.… We were assured that if we were forced to kill someone to protect our infrastructure, there would be no repercussions. It gave me goose bumps. It chilled me to the bone.” Other InfraGard members deny that they have ever been told such; Schneck says InfraGard members will have no civil patrol or law enforcement responsibilities. The FBI calls such assertions “ridiculous.” But the business owner’s story has been corroborated by other InfraGard members. “There have been discussions like that, that I’ve heard of and participated in,” says Christine Moerke, an InfraGard member from Wisconsin. (InfraGard 2008; Rothschild 2/7/2008)

The US military and other government agencies conduct a military exercise called “Eligible Receiver 97” to ascertain the nation’s vulnerability to electronic attacks by other states or terrorists. A Red Team of “hackers” from the NSA penetrates military computers and civilian infrastructure in the telecommunications and electricity industries. While the details are classified, officials say that the exercise shows that the US could suffer a catastrophic attack in the form of an “electronic Pearl Harbor.” The electricity could be shut down and the 911 emergency phone service could be disrupted. These fears will find confirmation after 9/11 when evidence of possible cyber attacks by al-Qaeda will be uncovered (see Summer 2001 and 2002). (Thomas 11/7/1997; Gertz 4/16/1998; Graham 5/24/1998; Christensen 4/6/1999; Hebert 12/2005) However, George Smith, a computer security expert, discounts the threat. An electronic Pearl Harbor, he says, is “not likely.” Computer viruses and other forms of computer attack are not effective weapons and the vulnerability of the civilian infrastructure is exaggerated. (Smith 1998)

Giuliani’s emergency command center.Giuliani’s emergency command center. [Source: CNN]New York City Mayor Rudolph Giuliani opens a $13 million emergency command center on the 23rd floor of World Trade Center Building 7. (MacGowan 9/12/2001) The center is intended to coordinate responses to various emergencies, including natural disasters like hurricanes or floods, and terrorist attacks. The 50,000 square foot center has reinforced, bulletproof, and bomb-resistant walls, its own air supply and water tank, beds, showers to accommodate 30 people, and three backup generators. It also has rooms full of video monitors from where the mayor can oversee police and fire department responses. It is to be staffed around the clock and is intended as a meeting place for city leaders in the event of an act of terrorism. (CNN 6/7/1999; Bone 9/12/2001; Glanz and Lipton 2004, pp. 233) The center is ridiculed as “Rudy’s bunker.” (Pooley 12/22/2001) Author Philip Shenon will later comment that it “seemed the supreme example of how Giuliani’s ego and arrogance knew no bounds after four years in office,” and: “WABC Radio mocked Giuliani with a name-that-bunker contest for its listeners. Among the most popular entries: ‘Rudy’s Nuclear Winter Palace’ and ‘The Nut Shell.’” It is criticized because of the cost and because of the location, next to the WTC towers, one of the city’s top terrorist targets. In addition, the high floor it is on means it is vulnerable to power, water, and elevator outages. (Shenon 2008, pp. 346-347) Most controversial is the 6,000-gallon fuel tank. In 1998 and 1999, Fire Department officials warn that the fuel tank violates city fire codes and poses a hazard. According to one Fire Department memorandum, if the tank were to catch fire it could produce “disaster.” Building 7 will be destroyed late in the day on 9/11; some suspect this tank helps explains why. (Glanz and Lipton 12/20/2001)

An anti-terrorist training session for the millennium celebration is held at the World Trade Center in New York. There are fears around this time that Osama bin Laden may want to launch attacks on the millennium, including within the US (see December 8, 1999). Representatives of 40 law enforcement and military agencies attend the meeting, which is chaired by counterterrorism “tsar” Richard Clarke. During two hours of brainstorming, no one envisages terrorists flying passenger planes into skyscrapers. New York City Deputy Mayor Rudy Washington is at the session, and will utilize what he learns on 9/11, so as to develop an emergency strategy in response to the attacks (see After 9:59 a.m. September 11, 2001). (Crouch 5/20/2004)

A police officer with the Mountain View Police Department in California uncovers a pattern of suspicious electronic probing of the computer systems of public utilities and government offices in the San Francisco Bay area. He notifies the FBI’s computer intrusion squad. The investigation reveals that the intruders are operating from the Middle East and South Asia. They are targeting the computer systems used to control the physical infrastructure of water systems and power plants throughout the US, suggesting a plan for a cyber attack. For many experts who have long warned against cyber terrorism or warfare, the “Mountain View case” as it is called, should be seen as a wake-up call for the government as well as the private sector (see 1996-2008). In a later interview, Richard Clarke, the national presidential adviser on cyberspace security from 2001 to 2003, will say: “The bottom line on the Mountain View case is the ease with which people can do virtual reconnaissance from overseas on our physical infrastructure and our cyber infrastructure.… We were lucky… that there were good people watching.” (Gellman 6/27/2002) Despite fears that al-Qaeda may be behind the intrusions (see 2002), the identity of the hackers will not be established. In 2003, Ron Dick, who was the head of the FBI’s National Infrastructure Protection Center (NIPC) at the time, will say that the “case is still pending.… We never were… able to tie it back to any terrorist organizations.” (Dick 3/18/2003)

Richard SheirerRichard Sheirer [Source: Publicity photo]Richard Sheirer is in a meeting at New York City Hall when he is informed by telephone of the first plane hitting the World Trade Center. Sheirer is the director of the Mayor’s Office of Emergency Management (OEM), which was set up in 1996 to coordinate the city’s overall response to major incidents, including terrorism (see 1996). It has an emergency command center on the 23rd floor of WTC 7, specially intended for coordinating the response to catastrophes such as terrorist attacks (see June 8, 1999). Yet instead of going to this, Sheirer heads to the North Tower, and arrives at the fire command post set up in its lobby before the second crash at 9:03 a.m. (Griscom 10/15/2001; 9/11 Commission 5/18/2004 pdf file) John Odermatt, Sheirer’s top deputy, also goes to the North Tower and says that, after the first plane hit, he leaves only two staffers at the command center. John Farmer, who heads the 9/11 Commission unit that assesses the city response to the attacks, will find it “strange that Sheirer, four OEM deputies, and a field responder went straight to the North Tower… rather than to the nearby emergency command center.” Journalists Wayne Barrett and Dan Collins will conclude, “[T]he command center was out of business from the outset.” (Barrett and Collins 2006, pp. 31 and 34) Sheirer stays at the North Tower lobby until soon after 9:30 a.m., when Mayor Giuliani requests he joins him at the temporary command post at 75 Barclay Street (see (9:50 a.m.-10:10 a.m.) September 11, 2001). (9/11 Commission 5/18/2004 pdf file) John Farmer will later complain, “We [the 9/11 Commission] tried to get a sense of what Sheirer was really doing. We tried to figure it out from the videos. We couldn’t tell. Everybody from OEM was with him, virtually the whole chain of command. Some of them should have been at the command center.” Fire Captain Kevin Culley, who works as a field responder at OEM, is later asked why most of the OEM’s top brass were with him at the scene of the incident. He says, “I don’t know what they were doing. It was Sheirer’s decision to go there on his own. The command center would normally be the focus of a major event and that would be where I would expect the director to be.” When the 9/11 Commission later investigates OEM’s shortcomings on 9/11, “No rationale for Sheirer’s prolonged lobby stay, no information conveyed to commanders, and no steps to coordinate the response” will be discovered. (Barrett and Collins 2006, pp. 31-32 and 34)

After the first World Trade Center tower is hit, Barry Jennings, a City Housing Authority worker, and Michael Hess, New York’s corporation counsel, head up to the emergency command center of the Mayor’s Office of Emergency Management (OEM), which is on the 23rd floor of WTC 7. (Associated Press 9/11/2001) The center, opened in 1999, is intended to coordinate responses to various emergencies, including terrorist attacks (see June 8, 1999). (CNN 6/7/1999) However, Hess and Jennings find no one there. (National Institute of Standards and Technology 9/2005, pp. 109-110; BBC 7/6/2008)
Center Is Empty; Jennings Warned to Leave - Jennings will describe that, when he arrives at the emergency command center, “To my amazement, nobody’s there.” He says: “I saw coffee that was still hot, that was still smoldering. They had screens all over the place, but the screens were blank. So I didn’t know what was going on.” He then phones several individuals, including one of his superiors. When Jennings says where he is, the superior responds: “Get out of there. Get out of there now.” Hess then runs back into the center, after having found the stairwell, and says: “We’re the only ones up here. We gotta get out of here.” (Dylan Avery 2007; BBC 7/6/2008)
9/11 Commission Claims Command Center Not Evacuated until Later - Yet, according to the 9/11 Commission, “After the South Tower was hit [at 9:03], OEM senior leadership decided to remain in its ‘bunker’ and continue conducting operations, even though all civilians had been evacuated from 7 WTC.” The Commission will claim the emergency command center is not evacuated until 9:30 a.m. (see (9:30 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 305) But according to the London Independent, Hess and Jennings arrive there by the time the South Tower is hit, which suggests the center is evacuated earlier than officially claimed. (Vallely 9/13/2001) Jennings himself will recall, “I had to be inside on the 23rd floor when the second plane hit.” (Dylan Avery 2007) The possibility that the emergency command center is evacuated earlier than the 9/11 Commission claims is partly confirmed by OEM Commissioner John Odermatt, who later says that after the first plane hit the WTC, he left only two staffers there (see (Soon After 8:46 a.m.-9:35 a.m.) September 11, 2001). (Barrett and Collins 2006, pp. 34) Jennings and Hess subsequently head down the stairs, but will become trapped in WTC 7, and have to be rescued by firefighters (see 12:10 p.m.-12:15 p.m. September 11, 2001). (National Institute of Standards and Technology 9/2005, pp. 109-110)

In the lobby of the north WTC tower, just after the South Tower is hit, Fire Commissioner Thomas Von Essen speaks briefly to Fire Chief Ray Downey. According to Von Essen, Downey—who is a highly respected expert on building collapses—says to him, “You know, these buildings can collapse.” Von Essen later recalls, “He just said it in passing, not that these buildings will collapse in 40 minutes and we have to get everybody out of here, or not that they’ll collapse by tomorrow, or not that they necessarily will collapse at all. Just that they can collapse.” (Fink and Mathias 2002, pp. 229; 9/11 Commission 5/18/2004) But other firefighters do not appear to have shared this concern. According to the National Institute of Standards and Technology (NIST), the Fire Department command officers who are planning for operations inside the Twin Towers expect that there will “be localized collapse conditions on the damaged fire floors,” but do “not expect that there [will] be any massive collapse conditions or complete building collapse.” At the end of its three-year investigation of the WTC collapses, NIST will report, “No one interviewed indicated that they thought that the buildings would completely collapse.” (National Institute of Standards and Technology 9/2005, pp. 72 and 75-76) In fact, Deputy Fire Commissioner Lynn Tierney will meet up with Downey and others—including Von Essen—slightly later, on the south lawn of the WTC complex, where a new command center is set up. At that time, according to Tierney, Downey will only be concerned that the 360-foot antenna atop the North Tower will fall, and “No one ever thought the towers were going to come down.” (Wereschagin 9/11/2006) However, shortly before the first tower comes down, EMT Richard Zarrillo will be asked to relay a message to some senior firefighters that the mayor’s Office of Emergency Management “says the buildings are going to collapse” (see (Before 9:59 a.m.) September 11, 2001). And later in the day, Mayor Giuliani will recount that around the same time, he had been told “that the World Trade Center was going to collapse” (see (Before 9:59 a.m.) September 11, 2001). The 9/11 Commission will state, “The best estimate of one senior [fire] chief, provided to the chief of the department sometime between 9:25 and 9:45, was that there might be a danger of collapse [of the South Tower] in a few hours, and therefore units probably should not ascend above floors in the sixties.” The Commission does not state, however, whether this fire chief was referring to a total building collapse or just a localized collapse. (9/11 Commission 5/19/2004) Ray Downey is killed when the second tower collapses at 10:28 a.m. (Dwyer and O'Donnell 9/9/2005)

The New York City Port Authority closes all bridges and tunnels in New York City. (CNN 9/12/2001; New York Times 9/12/2001; MSNBC 9/22/2001; Associated Press 8/21/2002)

Thomas Von Essen.Thomas Von Essen. [Source: Publicity photo]The headquarters of New York’s Office of Emergency Management (OEM), which is on the 23rd floor of WTC Building 7, is evacuated at approximately 9:30 a.m., according to the 9/11 Commission. The headquarters was opened in 1999 and was specifically intended to coordinate the city’s response to disasters such as terrorist attacks (see June 8, 1999). A senior OEM official orders the evacuation after being told by a Secret Service agent that additional commercial planes are unaccounted for (see (9:30 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 283-284 and 305) OEM personnel do not initially respond to the evacuation order with a sense of urgency. According to a 2003 report by the Mineta Transportation Institute, “They calmly collected personal belongings and began removing OEM records, but they were urged to abandon everything and leave the building quickly.” (Jenkins and Edwards-Winslow 9/2003, pp. 16) However, there are contradictory accounts of when the OEM command center is evacuated. The National Institute of Standards of Technology (NIST) claims the evacuation happens slightly later than stated by the 9/11 Commission, at “approximately 9:44 a.m.” (National Institute of Standards and Technology 9/2005, pp. 109) Other accounts suggest it may have happened before 9:03, when the second attack occurred (see (Soon After 8:46 a.m.-9:35 a.m.) September 11, 2001 and (Shortly Before 9:03 a.m.) September 11, 2001). Fire Commissioner Thomas Von Essen will arrive at WTC 7 shortly before the collapse of the South Tower, looking for Mayor Giuliani. Learning that the OEM headquarters has been evacuated, he later claims that he thinks, “How ridiculous. We’ve got a thirteen-million-dollar command center and we can’t even use it.” (Essen 2002, pp. 26) He says in frustration, “How can we be evacuating OEM? We really need it now.” He will later tell an interviewer that he’d headed for the OEM headquarters because, “I thought that was where we should all be because that’s what [it] was built for.” (Fink and Mathias 2002, pp. 230) All civilians were evacuated from WTC 7 earlier on, around the time the second WTC tower was hit (see (9:03 a.m.) September 11, 2001).

The OEM command bus.The OEM command bus. [Source: New York City Office of Emergency Management]Personnel from New York’s Office of Emergency Management (OEM) use the OEM command bus as their command post after their command center in World Trade Center Building 7 has been evacuated. (Jenkins and Edwards-Winslow 9/2003, pp. 20; 9/11 Commission 4/7/2004) The OEM command center, on the 23rd floor of WTC 7, is intended to coordinate the city’s response to emergencies, including terrorist attacks. (Miller 6/8/1999) However, it was evacuated at around 9:30 a.m., according to the 9/11 Commission Report, although other accounts will suggest the evacuation occurs at an earlier or later time (see (Soon After 8:46 a.m.-9:35 a.m.) September 11, 2001, (Shortly Before 9:03 a.m.) September 11, 2001, and (9:30 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 305; National Institute of Standards and Technology 9/2005, pp. 109; Barrett and Collins 2006, pp. 34) OEM personnel therefore now have to operate from the their command bus. (Jenkins and Edwards-Winslow 9/2003, pp. 20; 9/11 Commission 4/7/2004) The bus, known as the Interagency Command Center (ICC), is equipped with computers, a state-of-the-art communications system, and on-board electrical generation. It also has its own conference room. (Sandberg 9/21/2001; Jenkins and Edwards-Winslow 9/2003, pp. 20; Power 2004, pp. 172) It can be deployed to the location of a major emergency, to serve as an on-scene command post for coordinating interagency operations and communications. (City of New York 2001, pp. 8 pdf file) The OEM’s emergency plans and vital records are kept in WTC 7, and, due to the evacuation of the command center, are now inaccessible. Fortunately, after they move to the ICC, OEM personnel are able to implement their emergency action plans from memory and by utilizing their combined knowledge. (Jenkins and Edwards-Winslow 9/2003, pp. 20) After the Twin Towers collapse, the ICC will move to a firehouse on Houston Street, to provide support to Mayor Rudolph Giuliani and his entourage, who have set up a temporary headquarters at that location (see (After 10:28 a.m.-12:00 pm.) September 11, 2001). (Sandberg 9/21/2001; 9/11 Commission 4/7/2004)

According to the accounts of numerous witnesses on the ground near the World Trade Center, military fighter jets are first noticed flying over Manhattan either shortly before or soon after the second collapse, at 10:28 a.m. Some witnesses recall fighters arriving just before this collapse:
bullet Emergency medical technicians Dulce McCorvey and Michael D’Angelo hear fighters flying over Manhattan at unspecified times after the first tower’s collapse. (McCorvey 10/3/2001; D'Angelo 10/24/2001)
bullet Fire Lieutenant Sean O’Malley and firefighters Pete Giudetti and Dan Potter notice jet fighters flying overhead soon before the second collapse. (Guidetti 10/12/2001; O'Malley 12/6/2001; Smith 2002, pp. 49-50)
Other witnesses say the fighters arrive soon after this collapse:
bullet Deputy Fire Chief Robert Browne, police officer Peter Moog, and emergency medical technicians Richard Zarrillo and Jason Katz notice fighters overhead immediately after, or fairly soon after, the second tower’s collapse. (Browne 10/24/2001; Zarrillo 10/25/2001; Katz 12/20/2001; Fink and Mathias 2002, pp. 79-80)
bullet Mayor Rudolph Giuliani, Police Commissioner Bernard Kerik, and Office of Emergency Management Director Richard Sheirer are heading north together after leaving their temporary command post on Barclay Street (see (9:50 a.m.-10:10 a.m.) September 11, 2001). In some accounts, all three of them recollect hearing the first military jets overhead soon after the second tower’s collapse. (Kerik 2001, pp. 339-340; Giuliani 2002, pp. 14; 9/11 Commission 5/18/2004 pdf file) However, according to another account, Giuliani hears the first jet slightly earlier, at around 10:20 a.m. And, in his private testimony before the 9/11 Commission, Kerik claims to have heard a fighter jet coming when he was heading to the temporary command post on Barclay Street, i.e. shortly before 9:50 a.m. (Barrett and Collins 2006, pp. 348-349)
A few witnesses claim the fighters arrive earlier on, before the first collapse at 9:59 a.m.:
bullet Emergency medical technician Frank Puma and Port Authority Freedom of Information Administrator Cathy Pavelec say they see fighter jets overhead at unspecified times before the first collapse. (Puma 12/12/2001; Fink and Mathias 2002, pp. 68)
The fighter(s) are presumably the F-15s launched from Otis Air Force Base at 8:46 a.m. (see 8:46 a.m. September 11, 2001). However, the 9/11 Commission will claim that these arrived over Manhattan at 9:25 a.m. (see 9:25 a.m. September 11, 2001), which is significantly earlier than most of the witnesses on the ground recall.

After spending about 40 minutes at the disaster scene, on the World Trade Center site, New York City Mayor Rudolph Giuliani relocates to a small office building at 75 Barclay Street, about two blocks from the WTC, hoping to establish a command post there. His usual command center, in WTC 7, was evacuated at around 9:30 a.m. (see (9:30 a.m.) September 11, 2001). With him are several colleagues, including Police Commissioner Bernard Kerik and Office of Emergency Management Director Richard Sheirer. (Kerik 2001, pp. 334; Giuliani 2002, pp. 10; 9/11 Commission 5/18/2004 pdf file; 9/11 Commission 5/19/2004; Barrett and Collins 2006, pp. 10) While at Barclay Street, Giuliani is able to get in touch with the White House, and speaks to Chris Henick, the deputy political director to President Bush (see 9:58 a.m. September 11, 2001). Immediately afterwards, he receives a phone call from Vice President Cheney, though this is cut off before either one is able to speak. Giuliani also claims he is given advance warning of the South Tower’s collapse while at this command post (see (Before 9:59 a.m.) September 11, 2001). After the South Tower collapses outside, Giuliani and his colleagues all decide to evacuate, going through the basement into a neighboring building, 100 Church Street. They will then leave this and head north, being joined by cameras and press. (Fink and Mathias 2002, pp. 112; 9/11 Commission 5/19/2004; Barrett and Collins 2006, pp. 348)

According to New York City Mayor Rudolph Giuliani’s 9/11 Commission testimony in 2004, about one minute before the first WTC tower falls, he is able to reach the White House by phone. Speaking to Chris Henick, deputy political director to President Bush, Giuliani learns the Pentagon has been hit and he asks about fighter cover over New York City. Henick replies, “The jets were dispatched 12 minutes ago and they should be there very shortly, and they should be able to defend you against further attack.” (9/11 Commission 5/19/2004) If this is true, it means fighters scramble from the Otis base around 9:46 a.m., not at 8:52 a.m., as most other accounts have claimed. While Giuliani’s account may seem wildly off, it is consistent with reports shortly after 9/11. In the first few days, acting Joint Chiefs of Staff Chairman Richard Myers, and a NORAD spokesman, Marine Corps Major Mike Snyder, claimed no fighters were scrambled anywhere until after the Pentagon was hit. (US Congress 9/13/2001; Johnson 9/15/2001) This story only changed on the evening of September 14, 2001, when CBS reported, “contrary to early reports, US Air Force jets did get into the air on Tuesday while the attacks were under way.” (CBS News 9/14/2001)

Mayor Rudolph Giuliani will become well known for his walking press conferences in the middle of the 9/11 crisis.Mayor Rudolph Giuliani will become well known for his walking press conferences in the middle of the 9/11 crisis. [Source: Time Magazine/ Salient Stills]Between 9:25 a.m. and 9:45 a.m., one senior New York fire chief recommends to the Fire Department Chief of Department that there might be a WTC collapse in a few hours, and, therefore, fire units probably shouldn’t ascend much above the sixtieth floor (presumably this assumes the collapse would be gradual so those on lower floors would still have time to evacuate). This advice is not followed or not passed on. Apparently, no other senior fire chiefs mention or foresee the possibility of the WTC towers falling. (9/11 Commission 5/19/2004) However, New York City Mayor Rudolph Giuliani later recounts, “I went down to the scene and we set up headquarters at 75 Barclay Street, which was right there, with the police commissioner, the fire commissioner, the head of emergency management, and we were operating out of there when we were told that the World Trade Center was going to collapse. And it did collapse before we could actually get out of the building, so we were trapped in the building for ten, 15 minutes, and finally found an exit and got out, walked north, and took a lot of people with us.” (ABC News 9/11/2001) As can be seen by another account of similar events, this happens before the first WTC tower falls, not the second. (9/11 Commission 5/19/2004) It is not clear who tells Giuliani to evacuate when no fire chiefs were considering the possibility of an imminent collapse. However, an EMT is also given a message around this time, warning that the towers are going to collapse. The origin of this information is apparently the Mayor’s Office of Emergency Management, so this may also have been from where Giuliani heard of the imminent collapse (see (Before 9:59 a.m.) September 11, 2001).

Robert Natter.Robert Natter. [Source: CBS]Rudy Washington, who is one of Rudolph Giuliani’s deputy mayors, had earlier on called Admiral Robert Natter, the commander of the US Atlantic Fleet at Norfolk Naval Station, Virginia, and requested air cover over New York (see (Between 8:46 a.m. and 9:03 a.m.) September 11, 2001). After the WTC’s South Tower collapses at 9:59, Washington heads to City Hall, where he again communicates with Natter. Natter informs him that the Pentagon has been hit, and says he has now gotten permission from NORAD to send some fighter jets over the city. (Crouch 5/20/2004) However, when exactly these jets are launched and when they arrive over New York is unstated. Patrick Burns, who is currently at the Norfolk Naval Station for his two-week Naval Reserve obligation, later recalls, “Air cover was already up with Navy jets out of Naval Air Station Oceana.” Naval Air Station Oceana, in Virginia Beach, Virginia, is home to F-14 Tomcat and F/A-18 Hornet fighters. But Burns does not state a time for when these fighters are airborne. (Riley 9/22/2001; Richards 10/2001; Burns 4/2007) The 9/11 Commission Report will make no mention of any Naval fighters. (9/11 Commission 7/24/2004)

Rudy Washington.Rudy Washington. [Source: Congress of Racial Equality]After being caught in the dust plume when the WTC’s South Tower collapses at 9:59, Rudy Washington, who is one of Rudolph Giuliani’s deputy mayors, heads to City Hall, where he coordinates the city’s emergency response to the attacks. He is in contact with New York Governor George Pataki, high-ranking New York Police Department officers, and Navy Admiral Robert Natter, the commander of the US Atlantic Fleet (see (Shortly After 9:59 a.m.) September 11, 2001). He orders the closing of bridges. (Though, according to some accounts, the New York Port Authority ordered all bridges to be closed earlier on, at 9:21 (see 9:21 a.m. September 11, 2001).) As New York Daily News columnist Stanley Crouch later describes, Washington also finds “heavy machinery to get downtown for the cleanup and got the Navy to guard against a seaborne attack. He evacuated City Hall, which shook like crazy when the second tower fell. He gathered people who could give medical help, gave the order to find lights that could be used at Ground Zero and worked out new phone communications, since power was being lost. Accompanied by city engineers, he went into the streets around the fallen towers, testing the ground to make sure it would hold when the heavy equipment came in.” Washington’s efforts at developing an emergency strategy are reportedly aided by what he learned at an anti-terrorist training session chaired by counterterrorism “tsar” Richard Clarke and held at the WTC, in preparation for the millennium celebration (see (Late 1999)). Stanley Crouch later credits Rudy Washington with having “ran New York for the first few hours after the attack during a period when Giuliani was thought to have been killed inside the first building that went down.” (Crouch 5/20/2004) During the initial hours following the attacks, between around 9:50 a.m. and midday, Mayor Giuliani is moving around between a series of temporary command posts (see (9:50 a.m.-10:10 a.m.) September 11, 2001 and (After 10:28 a.m.-12:00 pm.) September 11, 2001).

The North Tower collapses in a matter of seconds.The North Tower collapses in a matter of seconds. [Source: Ray Stubblebine/ Reuters/ Landov] (click image to enlarge)The North Tower of the World Trade Center tilts to the south and then collapses. Its north side was hit by Flight 11 at 8:46, 102 minutes earlier. (CNN 9/12/2001; New York Times 9/12/2001; MSNBC 9/22/2001; Kim and Baum 2002 pdf file; Associated Press 8/21/2002; National Institute of Standards and Technology 9/2005, pp. 33) After the antenna starts to move (see (10:28 a.m. September 11, 2001)), the next sign that the top section of the building is moving downward is on floor 98, at the top of the impact zone. (National Institute of Standards and Technology 9/2005, pp. 22, 87) The angle of the tilt will be disputed after 9/11 (see September-November 2005), as will the time it takes the towers to fall to the ground (see September 12, 2001-September 2005). (Ashley 10/9/2001; Eagar and Musso 12/2001; PBS Nova 5/2002; National Institute of Standards and Technology 8/30/2006) The death toll could have been much worse—an estimated 15,000 people made it out of the WTC to safety after 8:46 a.m. (St. Petersburg Times 9/8/2002)

Bernard Kerik.Bernard Kerik. [Source: Publicity photo]After leaving 75 Barclay Street (see (9:50 a.m.-10:10 a.m.) September 11, 2001), New York City Mayor Giuliani and the group accompanying him search for somewhere to establish a new temporary headquarters. Soon after the North Tower’s collapse, they break into a vacant firehouse at the corner of Houston Street and Sixth Avenue. Police Commissioner Bernard Kerik, who is part of the group, wants the location kept secret. He gives out the order, “Okay, we’re going to establish a command center [here]. We’re not going to let anybody know. I don’t want it over the radio. We don’t know what’s happening. We don’t want them [presumably meaning the attackers] to know where we’re all going to be.” Giuliani is able to find a phone, and speaks with New York Governor George Pataki, the White House, and the Defense Department. At around 10:57, he speaks to the television channel New York 1 and offers a message of reassurance to the people of New York City. (Fink and Mathias 2002, pp. 108; Giuliani 2002, pp. 15-16; 9/11 Commission 5/19/2004; Barrett and Collins 2006, pp. 13) Deciding that they need to be somewhere larger and more secure, Kerik suggests they move to the Police Academy on East 20th Street. (Kerik 2001, pp. 342) Thus, Giuliani’s group—which now numbers more than twenty people plus a press contingent—gets into cars and drives to the academy, arriving around midday. (Giuliani 2002, pp. 18-19; Barrett and Collins 2006, pp. 13) This will remain as the city’s command center for several days, until it is replaced later in the week by a larger space at Pier 92 on the Hudson River. (Cohen 2/3/2003; 9/11 Commission 5/19/2004)

Venton Hollifield.Venton Hollifield. [Source: ABC News / Associated Press]A man who was found behaving suspiciously in the World Trade Center and arrested is passed on to the FBI, but the detective who arrested him is subsequently told to stay quiet about what has happened. (Appel 2009, pp. 174-175) Several officers belonging to New York Police Department’s Emergency Service Unit (ESU) encountered the suspicious man as they were making their way down the stairs of the North Tower of the WTC. The man, who looked Middle Eastern, behaved aggressively toward the ESU officers and so one of them, Detective Timothy Morley, arrested and handcuffed him (see (Between 10:00 a.m. and 10:25 a.m.) September 11, 2001). (Appel 2009, pp. 125-128)
Detective Headed out to Find the FBI - When the ESU officers reached the bottom of the North Tower, Morley told his colleagues, “I’m gonna take this guy and hand him over to the first FBI agent I see.” He then headed out with the suspicious man, accompanied by his colleague, Lieutenant Venton Hollifield, and a Port Authority Police Department (PAPD) sergeant who carried the man’s belongings. The men soon encountered Police Chief Allen Hale from Manhattan North. Hollifield told Hale about the man they were escorting and his strange behavior in the WTC. Some intelligence officers with Hale talked to Morley about the suspicious man and took notes.
Suspicious Man Tried to Pull Away When the North Tower Collapsed - When the North Tower started to collapse, at 10:28 a.m. (see 10:28 a.m. September 11, 2001), Morley and the PAPD sergeant grabbed their prisoner and tried to run with him for cover. But the man dug his heels into the ground and tried to pull away from them. Morley was eventually able to drag the man along and find protection behind a fire truck. (Appel 2009, pp. 131-133) Sometime after the collapse, Morley encountered Hale again. Surprised to see that Morley was still escorting the suspicious man, Hale fetched a van, and drove Morley and his prisoner to Stuyvesant High School, where the ESU has set up a command post.
FBI Agents Interview the Prisoner - Now, at the school, some FBI agents show up to debrief Morley’s prisoner and they take him to an office to do so. They also ask Morley to write down for them everything that has happened. After a time, the FBI agents decide they want to take the man to the Police Academy. Morley, Hale, the FBI agents, and the prisoner therefore go to the Police Academy, where Mayor Rudy Giuliani and Police Commissioner Bernard Kerik are now based (see (After 10:28 a.m.-12:00 pm.) September 11, 2001).
Unidentified Official Tells the Detective to Keep Quiet - After they arrive at the academy, the prisoner is taken away to be debriefed by some intelligence officers. Meanwhile, Hale walks over to Giuliani and talks to him. He apparently tells the mayor about how Morley came to arrest the suspicious man in the WTC, as Giuliani subsequently walks over to Morley, shakes his hand, and says to him, “Good job.” A police inspector nearby then approaches Morley and asks him why the mayor had been shaking his hand. Morley starts telling the inspector about his encounter with the suspicious man in the North Tower. However, before he finishes his account of what happened, a man who has been standing across from him and eavesdropping on the conversation steps forward and interrupts. The man is dressed in a dark suit and is presumably some kind of government agent. He says to Morley, “If you know what’s good for you, I wouldn’t repeat that story.” Morley is astonished. He asks the man who he is, but the man only replies, “Never mind who I am.” In his anger, Morley decides he will go and tell his story to Kerik. He enters the room where Kerik is seated, but is unable to get the police commissioner’s attention and eventually gives up his attempt to talk to him. (Appel 2009, pp. 173-176) The following day, the suspicious man that the ESU officers encountered in the WTC will have his arrest voided and be released from custody. (Appel 2009, pp. 339) Further details of who he is and what he was doing in the North Tower are unknown.

The FBI alerts InfraGard members (see 1996-2008) of a potential terrorist threat to bridges in California. Officials of Enron are also notified. However, the FBI does not immediately notify California governor Gray Davis, who learns of the threat from his brother, Barry Davis, an employee of the financial firm Morgan Stanley. Davis’s press secretary, Steve Maviglio, later recalls: “[Governor Davis] said his brother talked to him before the FBI. And the governor got a lot of grief for releasing the information. In his defense, he said, ‘I was on the phone with my brother, who is an investment banker. And if he knows, why shouldn’t the public know?‘… You’d think an elected official would be the first to know, not the last.” (Rothschild 2/7/2008)

An analysis of the contents of a laptop computer belonging to al-Qaeda obtained by US forces in Afghanistan in January 2002 shows that the organization may be plotting attacks on the US infrastructure by seizing control of the computer systems used to run power plants, dams, or subways. The laptop was used to visit a site that offers a “Sabotage Handbook” for would-be hackers. Other visited sites are devoted to SCADA software (Systems Control And Data Acquisition), which have largely replaced manual controls to operate plants and machinery. The Washington Post reports that Al-Qaeda detainees interrogated at Guantanamo have revealed plans to use such tools although details are not available. The information obtained is strikingly reminiscent of a recent case of electronic intrusion (see Summer 2001). (Gellman 6/27/2002; Dick 3/18/2003; Blum 3/11/2005)

When the secretary of homeland security and the attorney general announce that the national terror level is being raised from yellow to orange (see February 7-13, 2003), InfraGard members are specifically mentioned. InfraGuard is a program in which private companies work with the FBI and the Department of Homeland Security, which provides these companies with information not available to the public (see 1996-2008). In their listing of “additional steps” that federal agencies are taking to “increase their protective measures,” one of those steps is to “provide alert information to InfraGard program.” (Rothschild 2/7/2008)

Author Rajiv Chandrasekaran, holding a copy of his 2006 book, ‘Imperial Life in the Emerald City.’Author Rajiv Chandrasekaran, holding a copy of his 2006 book, ‘Imperial Life in the Emerald City.’ [Source: Daylife (.com)]Americans who want to work for the Coalition Provisional Authority (CPA) in the so-called “Green Zone,” the fenced-off area of Baghdad also called “Little America” and the hub of US governmental and corporate activities, are routed through Jim O’Beirne, a political functionary in the Pentagon whose wife is prominent conservative columnist Kate O’Beirne.
Focus on Ideology, Not Experience or Expertise - O’Beirne is less interested in an applicant’s expertise in Middle Eastern affairs or in post-conflict resolution than he is in an applicant’s loyalty to the Bush administration. Some of the questions asked by his staff to applicants: Did you vote for George W. Bush in 2000? Do you support the way the president is fighting the war on terror? According to author Rajiv Chandrasekaran, two applicants were even grilled about their views on abortion and Roe v. Wade (see January 22, 1973). While such questions about political beliefs are technically illegal, O’Beirne uses an obscure provision in federal law to hire most staffers as “temporary political appointees,” thus allowing him and his staff to skirt employment regulations that prohibit such questioning. The few Democrats who are hired are Foreign Service employees or active-duty soldiers, and thus protected from being questioned about their politics.
Unskilled Applicants - The applicants chosen by O’Beirne and his staff often lack the most fundamental skills and experience. The applicant chosen to reopen Baghdad’s stock exchange is a 24-year old with no experience in finance, but who had submitted an impressively loyalist White House job application (see April 2003 and After). The person brought in to revamp Iraq’s health care system is chosen for his work with a faith-based relief agency (see April 2003 and After). The man chosen to retool Iraq’s police forces is a “hero of 9/11” who completely ignores his main task in favor of taking part in midnight raids on supposed criminal hangouts in and around Baghdad (see May 2003 - July 2003). And the manager of Iraq’s $13 billion budget is the daughter of a prominent neoconservative commentator who has no accounting experience, but graduated from a favored evangelical university for home-schooled children.
Selection Process - O’Beirne seeks resumes from the offices of Republican congressmen, conservative think tanks, and Republican activists. He thoroughly weeds out resumes from anyone he deems ideologically suspect, even if those applicants speak Arabic or Farsi, or possess useful postwar rebuilding experience. Frederick Smith, currently the deputy director of the CPA, will later recall O’Beirne pointing to one young man’s resume and pronouncing him “an ideal candidate.” The applicant’s only real qualification is his job working for the Republican Party in Florida during the 2000 presidential recount.
Comment by Employee - A CPA employee writes a friend about the recruitment process: “I watched resumes of immensely talented individuals who had sought out CPA to help the country thrown in the trash because their adherence to ‘the president’s vision for Iraq’ (a frequently heard phrase at CPA) was ‘uncertain.’ I saw senior civil servants from agencies like Treasury, Energy… and Commerce denied advisory positions in Baghdad that were instead handed to prominent RNC (Republican National Committee) contributors.”
Result: Little Reconstruction, Billions Wasted or Disappeared - In 2006, Chandrasekaran will write: “The decision to send the loyal and the willing instead of the best and the brightest is now regarded by many people involved in the 3 1/2-year effort to stabilize and rebuild Iraq as one of the Bush administration’s gravest errors. Many of those selected because of their political fidelity spent their time trying to impose a conservative agenda on the postwar occupation, which sidetracked more important reconstruction efforts and squandered goodwill among the Iraqi people, according to many people who participated in the reconstruction effort.” Smith will later say: “We didn’t tap—and it should have started from the White House on down—just didn’t tap the right people to do this job. It was a tough, tough job. Instead we got people who went out there because of their political leanings.” The conservative ideologues in the CPA will squander much of the $18 billion in US taxpayer dollars allocated for reconstruction, some on pet projects that suit their conservative agenda but do nothing for Iraqi society, and some never to be traced at all. “Many of the basic tasks Americans struggle to accomplish today in Iraq—training the army, vetting the police, increasing electricity generation—could have been performed far more effectively in 2003 by the CPA,” Chandrasekaran will write.
Projects - Instead of helping rebuild Iraq—and perhaps heading off the incipient insurgency—CPA ideologues will spend billions on, among other things, rewriting Iraqi tax law to incorporate the so-called “flat tax,” selling off billions of dollars’ worth of government assets, terminating food ration distribution, and other programs.
Life in Green Zone - Most spend almost all of their time “cloistered” in the Green Zone, never interacting with real Iraqi society, where they create what Chandrasekaran later calls “a campaign war room” environment. “Bush-Cheney 2004” stickers, T-shirts, and office desk furnishings are prominently displayed. “I’m not here for the Iraqis,” one staffer tells a reporter. “I’m here for George Bush.” Gordon Robison, then an employee in the Strategic Communications office, will later recall opening a package from his mother containing a book by liberal economist Paul Krugman. The reaction among his colleagues is striking. “It was like I had just unwrapped a radioactive brick,” he will recall. (Chandrasekaran 9/17/2006)

Bernard Kerik in the Green Zone, July 2003.Bernard Kerik in the Green Zone, July 2003. [Source: Associated Press / Dario Lopez-Mills]Former New York City police commissioner, Bernard Kerik, the newly appointed head of Iraq’s Interior Ministry and the man chosen to rebuild Iraq’s police forces (see Early May, 2003), does not make a strong impression on the State Department’s Robert Gifford, a senior adviser to the Interior Ministry and an expert on international law enforcement. Kerik is in Iraq to take over Gifford’s job. He tells Gifford that his main function is to “bring more media attention to the good work on police,” and he doubts “the situation is… as bad as people think it is.” When Gifford briefs Kerik, he quickly realizes that Kerik isn’t listening. “He didn’t listen to anything,” Gifford will later recall. “He hadn’t read anything except his e-mails. I don’t think he read a single one of our proposals.” Kerik is not in Baghdad to do the heavy lifting of leading the rebuilding. He intends to leave that to Gifford. Kerik will brief American officials and reporters. And, he says, he will go out on some law enforcement missions himself. Kerik garners much network air time by telling reporters that he has assessed the situation in Iraq and it is improving. Security in Baghdad, he says, “is not as bad as I thought. Are bad things going on? Yes. But is it out of control? No. Is it getting better? Yes.” He tells a Time reporter that “people are starting to feel more confident. They’re coming back out. Markets and shops that I saw closed one week ago have opened.” Kerik parades around the Green Zone with a team of South African mercenaries as his personal bodyguard force, and packs a 9mm handgun under his safari vest.
Ignoring Basic Processes - The first few months after the overthrow of the Hussein government are a critical time. Police officers need to be called back to work and screened for Ba’ath Party connections. They must be retrained in due process, in legal (non-torture) interrogation procedures, and other basic law enforcement procedures. New police chiefs need to be selected. Tens of thousands of new police officers must be hired and trained. But Kerik has no interest in any of this. He only holds two staff meetings, and one of these is a show for a New York Times reporter. Kerik secures no funding for police advisers. He leaves the chores of organizing and training Iraqi police officers to US military policemen, most of whom have no training in civilian law enforcement. Gerald Burke, a former Massachusetts State Police commander who participated in the initial Justice Department assessment mission, will later say: “He was the wrong guy at the wrong time. Bernie didn’t have the skills. What we needed was a chief executive-level person.… Bernie came in with a street-cop mentality.”
Night Adventures - What Kerik does do is organize a hundred-man Iraqi police paramilitary unit to chase down and kill off members of the black market criminal syndicates that have sprung up after the invasion. He often joins the group on nighttime raids, leaving the Green Zone at midnight and returning at dawn, appearing at CPA administrator L. Paul Bremer’s morning staff meetings to regale his audience with tales of the night’s adventures. Kerik’s hit squad does put a few car-theft and kidnapping gangs out of business, and Kerik makes sure to get plenty of press coverage for these successes. But he leaves the daily work of rebuilding the Iraqi police to others: he sleeps during the day so he can go out at night. Many members of the Interior Ministry become increasingly distressed at Kerik’s antics and his systematic ignorance of his duties, but realize that they can do nothing. “Bremer’s staff thought he was the silver bullet,” a member of the Justice Department assessment mission will later say. “Nobody wanted to question the [man who was] police chief during 9/11.” When Kerik leaves three months later, virtually nothing has been done to rebuild Iraq’s police forces. (Kerik will blame others for the failures, saying he was given insufficient funds to hire police advisers or to establish large-scale training programs.) He will later recall his service in Baghdad: “I was in my own world. I did my own thing.” (Chandrasekaran 9/17/2006)
'Irresponsible' - In 2007, Senator John McCain (R-AZ) will say that Kerik was “irresponsible” in his tenure as head of Iraq’s Interior Ministry (see November 9, 2007). “Kerik was supposed to be there to help train the police force,” McCain will say. “He stayed two months and one day left, just up and left.” (Associated Press 11/9/2007)

The 9/11 Commission’s staff team that is investigating the emergency response on 9/11 comes to the conclusion that New York City was, in author Philip Shenon’s words, “shockingly ill-prepared for the attacks.” It is clear to the investigators that former Mayor Rudy Giuliani was largely responsible for what went wrong.
Two Major Problems - One problem was that New York’s emergency command center, based on the 23rd floor of World Trade Center 7, was knocked out early in the attacks, leaving the emergency response without a focal point, and the police and fire departments set up separate command posts (see (9:05 a.m.) September 11, 2001, (9:50 a.m.-10:10 a.m.) September 11, 2001, and (After 10:28 a.m.-12:00 pm.) September 11, 2001). The command center, sometimes referred to as “Rudy’s bunker,” was criticized when it was built precisely because this problem was foreseen (see June 8, 1999). In addition, the radios used by firefighters in the World Trade Center failed to work on 9/11. The same problem was encountered during the response to the 1993 WTC bombing (see February 26, 1993), but the solution that was implemented—a repeater to boost the radios’ signal—did not work on the day of the attacks. This problem was especially grave, as many firefighters were instructed to flee the about-to-collapse towers, but did not hear the instruction due to the poor radio system and died as a result (see (Between 9:59 a.m. and 10:28 a.m.) September 11, 2001).
Tempering Criticism - However, the team, led by former New Jersey attorney general John Farmer, is aware that Giuliani’s image as a global hero after the attacks could complicate matters. Shenon will describe their thinking: “But would the Commission be willing to take on the most popular political figure in the country—the president-in-waiting, it seemed?… [Giuliani] was a hero, the embodiment of everything Americans wanted to believe about themselves about 9/11.” Therefore, “Farmer and his team always qualif[y] their criticism of the former mayor.” Nevertheless, the Commission’s two staff statements issued during the hearings about this topic in New York will be extremely critical of Giuliani. (Shenon 2008, pp. 347-350)

The 9/11 commissioners meet with John Farmer, head of the Commission’s team investigating the emergency response on 9/11, to discuss their strategy for hearings in New York on the next two days, when former New York City Mayor Rudy Giuliani’s performance before the attacks will be discussed. Farmer and his team have worked up a list of pages and pages of questions (see Before May 17, 2004) about why Guiliani built his emergency response center next to a top terrorist target, about city radios that failed to work on 9/11, miscommunication between the police and the fire departments, and 911 telephone operators who told people trapped in the Word Trade Center to remain where they were, instead of trying to escape. However, Farmer is aware that tough questioning could be fraught with danger, given Giuliani’s hero status after the attacks. According to author Philip Shenon, he tells the commissioners that “they need[…] to be careful; they need[…] to remember where they [are],” because “[New York]‘s not Washington. It’s different here.” Shenon will add: “Farmer told the commissioner[s] that they should ask tough questions, but they should be careful not to give a platform to Giuliani and his loyalists to counterattack; John Ashcroft’s campaign against [commissioner] Jamie Gorelick (see April 13-April 29, 2004) would look like a ‘garden party’ by comparison. The city’s take-no-prisoners tabloid newspapers were Giuliani’s defenders, and they could be expected to weigh in to defend him if the Commission’s questioning of the former mayor became too fierce.” (Shenon 2008, pp. 350-351)

The first of two days of 9/11 Commission hearings in New York is overshadowed by a row between commissioner John Lehman and two subordinates of former New York Mayor Rudy Giuliani, former Police Commissioner Bernard Kerik and former Fire Commissioner Thomas Von Essen. Despite Giuliani’s hero status after the attacks, the Commission’s staff discovered serious errors in New York’s preparations for a potential terrorist attack before 9/11 (see Before May 17, 2004), but realized the commissioners had to be sensitive in how these errors were handled in public (see May 17, 2004).
Aggressive Beginning - When Lehman has his turn to put questions to a panel, he makes an aggressive beginning, saying that New York’s police, fire, and Port Authority police departments are the finest in the world but also “the proudest,” and adds, “But pride runneth before the fall.” He then calls the command, control, and communications “a scandal,” and says the emergency response system was “not worthy of the Boy Scouts, let alone this great city.” This draws some applause from the crowd and Lehman adds: “I think it’s a scandal that the fire commissioner has no line authority. It’s a scandal that there’s nobody that has clear line authority and accountability for a crisis of the magnitude that we’re going to have to deal with in the years ahead. It’s a scandal that after laboring for eight years, the city comes up with a plan for incident management that simply puts in concrete this clearly dysfunctional system.”
Counterattack - Kerik and Von Essen, both now partners in Giuliani’s consulting firm, push back. Von Essen says: “I couldn’t disagree with you more. I think that one of the criticisms of this committee has been statements like you just made, talking about scandalous procedures and scandalous operations and rules and everything else. There’s nothing scandalous about the way that New York City handles its emergencies.… You make it sound like everything was wrong about September 11th or the way we function. I think it’s outrageous that you make a statement like that.” Kerik and Von Essen also make similar comments for the press after the hearing, when Von Essen calls Lehman’s questioning “despicable” and adds, “If I had the opportunity, I probably would have choked him because that’s what he deserved.”
Chance to Meaningfully Question Giuliani Lost - The commissioners and the Commission’s staff immediately realize Lehman has destroyed any chance the Commission had of getting to the bottom of why things went badly with the emergency response in New York on 9/11. Author Philip Shenon will comment: “Any hope of forcing Giuliani to answer hard questions the next day had evaporated. The dynamic would now turn in Giuliani’s favor.”
Lehman Claims He Was Set Up - According to Shenon: “[Lehman] was certain he had been set up by Kerik and Von Essen on behalf of Giuliani. He suspected they had come to the hearing with a script. They were waiting for the right question from one of the commissioners that would allow them to launch a pre-scripted fusillade of insults back at the Commission, turning the hearing into an us-versus-them fight that the city’s tabloids would devour.” (Shenon 2008, pp. 351-354)

Rudolph Giuliani testifying before the 9/11 Commission.Rudolph Giuliani testifying before the 9/11 Commission. [Source: Gotham Gazette]The second day of the 9/11 Commission hearings about the emergency response on the day of the attacks is dominated by questioning of former New York Mayor Rudy Giuliani, which Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will describe as the Commission’s “low point.” (Kean and Hamilton 2006, pp. 226-228) Giuliani had become a hero after the attacks, winning the Time magazine Person of the Year award, and the Commission was aware that it had to be careful about how it handled material it had uncovered putting him in a bad light (see Before May 17, 2004 and May 18, 2004). (Pooley 12/22/2001) However, commissioner John Lehman had attacked the city’s preparedness the previous day, leading to a major row (see May 18, 2004). Author Philip Shenon will describe the hearing as a “Rudy Giuliani lovefest,” pointing out that, “Many of the questions directed at Giuliani by the commissioners barely qualified as softballs, they were so gentle.” (Shenon 2008, pp. 355-356)
'The Captain Was on the Bridge' - Kean and Hamilton will admit that every commissioner “opens his or her questioning with lavish praise.” For instance, Richard Ben-Veniste says, “Your leadership on that day and in the days following gave the rest of the nation, and indeed the world, an unvarnished view of the indomitable spirit and the humanity of this great city, and for that I salute you.” Jim Thompson thanks Giuliani for “setting an example to us all.” Lehman says: “There was no question the captain was on the bridge.” Kean says, “New York City on that terrible day in a sense was blessed because it had you as a leader.” (Kean and Hamilton 2006, pp. 226-228)
'Stop Kissing Ass!' - However, Giuliani suggests that hundreds of firefighters died when the North Tower collapsed because they had chosen to remain in the building, not because they had not received the order to evacuate due to problems with their radio system. This angers some of the audience members, who shout out, “Talk about the radios!” “Put one of us on the panel—just one of us!” “Stop kissing ass!” and: “My brother was a fireman, and I want to know why three hundred firemen died. And I’ve got some real questions. Let’s ask some real questions. Is that unfair?” (Shenon 2008, pp. 355-356)
'We Did Not Ask Tough Questions' - Kean and Hamilton will later write: “The questioning of Mayor Giuliani was a low point in terms of the Commission’s questioning of witnesses at our public hearings. We did not ask tough questions, nor did we get all of the information we needed to put on the public record. We were affected by the controversy over Lehman’s comments, and by the excellent quality of the mayor’s presentation.” (Kean and Hamilton 2006, pp. 226-228)

The American Civil Liberties Union warns that InfraGard, the private organization that cooperates with the FBI in law enforcement and other areas (see 1996-2008), is a potential threat to constitutional freedoms. “There is evidence that InfraGard may be closer to a corporate TIPS program [TIPS is a program proposed by the Bush administration to encourage Americans to spy on one another], turning private-sector corporations—some of which may be in a position to observe the activities of millions of individual customers—into surrogate eyes and ears for the FBI,” the ACLU says in its report, “The Surveillance-Industrial Complex: How the American Government Is Conscripting Businesses and Individuals in the Construction of a Surveillance Society.” (Rothschild 2/7/2008)

In Lebanon, Ohio, Warren County officials decide behind closed doors that they will close the county administration building to the public on election night (see After 7:30pm, November 2, 2004). (Solvig 11/5/2004) Email memos dated October 25 and October 26 indicate that detailed discussion about the proposed measure began earlier. (Solvig 11/16/2004) The decision follows a recommendation by Warren County Emergency Services Director Frank Young based on information allegedly received from the US Department of Homeland Security and the Federal Bureau of Investigation during recent weeks. However officials from both those agencies later say they are unaware of any specific information relating to Warren County that would have caused the lockdown (see November 9, 2004). The public will not be informed of the decision to close the administration building until election night, after the polls close. (Solvig 11/5/2004)

In Lebanon, Ohio, Warren County officials close the county administration building to the public where the vote is being tallied. The lockdown—the only one to occur in the state—is a result of a decision that was made during a closed-door meeting the previous week (See October 28, 2004). Warren County Emergency Services Director Frank Young had recommended the increased security because of information received from the US Department of Homeland Security and the Federal Bureau of Investigation. (Solvig 11/5/2004) An FBI agent reportedly said that Warren County ranked a “10” on a terrorism scale of 1 to 10. The threat was said to be of domestic origins. (Solvig and Horn 11/10/2004) But these claims are later challenged when officials from the FBI and DHS say that they were not aware of any such threats. Media organizations protest the lockdown, arguing that the officials are violating the law and the public’s rights. “The media should have been permitted into the area where there was counting,” Enquirer attorney Jack Greiner complains. “This is a process that should be done in complete transparency and it wasn’t.” In other Ohio counties, such as Butler County, people are permitted to observe ballot checkers through a window. In past elections, the Warren County commissioners’ room was open to the public so they could observe the process. (Solvig 11/3/2004; Solvig 11/5/2004) The news director at WCPO-TV, Bob Morford, says he’s suspicious of the decision to close the building to the public. I’ve “never seen anything like it,” he says. “Frankly, we consider that a red herring…. That’s something that’s put up when you don’t know what else to put up to keep us out.” (Solvig 11/5/2004) Additionally, election officials fail to set up an area with telephones for the media as they were supposed to. When reporters attempt to enter the building, they are refused, although they are later permitted into the building’s lobby located two floors below the elections office. The Associated Press, which has reporters at every Ohio board of elections site, says that Warren County is the only county to implement such tight restrictions. County Prosecutor Rachel Hutzel claims that having reporters and photographers around could interfere with the vote count. (Solvig 11/5/2004) It is later explained that these restrictions were also due to homeland security concerns. (Solvig and Horn 11/10/2004)

FBI officials and homeland security officials at both the state and federal level say they are not aware of any specific election day threats against Ohio’s Warren County where local election officials had locked down the county administration building on election day citing security concerns. County officials had claimed that the move had been prompted by information they had received from the FBI and Homeland Security. But FBI officials, charged with overseeing anti-terrorism activities in southern Ohio, tell the Cincinnati Enquirer that they received no information about a terror threat in the county. “The FBI did not notify anyone in Warren County of any specific terrorist threat to Warren County before Election Day,” FBI spokesman Michael Brooks explains. And a spokeswoman for Ohio’s top homeland security official, Public Safety Director Ken Morckel, likewise contends that they knew of no heightened terror warning for the Greater Cincinnati area on election night. (Solvig and Horn 11/10/2004)

President Bush nominates former New York City Police Commissioner Bernard Kerik to head the Department of Homeland Security, replacing outgoing DHS head Tom Ridge. Kerik is a close friend and political ally of former New York Mayor Rudolph Giuliani, who pushed Kerik for the position. Kerik also actively campaigned for Bush in the recent presidential campaign. “Bernie Kerik is one of the most accomplished and effective leaders of law enforcement in America,” Bush says. “In every position, he has demonstrated a deep commitment to justice, a heart for the innocent, and a record of great success. I’m grateful he’s agreed to bring his lifetime of security experience and skill to one of the most important positions in the American government.” Kerik recently returned from a stint in Iraq, where he trained Iraqi police officials (see May 2003 - July 2003). Kerik was also in charge of New York City police activities during the 9/11 attacks (see (After 10:28 a.m.-12:00 pm.) September 11, 2001). Kerik says: “I know what is at stake. On September 11, 2001, I witnessed firsthand the very worst of humanity and the very best.… I saw hatred claim the lives of 2,400 innocent people, and I saw the bravest men and women I will ever know rescue more than 20,000 others.” Bush says of Kerik: “He was there when the Twin Towers collapsed—he knew the faces of the rescuers who rushed toward danger, he attended the funerals for the officers who didn’t come back. Bernie Kerik understands the duties that came to America on September 11. The resolve he felt that morning will guide him every day on his job and every first responder defending our homeland will have a faithful ally in Bernie Kerik.” Congressional Republicans laud Kerik’s nomination. Senator Susan Collins (R-ME), the chair of the Senate Governmental Affairs Committee, which oversees DHS, calls Kerik a “strong candidate” for the post. “He knows first hand the challenges this country faces in guarding against terrorist attacks,” Collins says. House Homeland Security Committee Chairman Christopher Cox (R-CA) calls Kerik “the perfect choice for the job,” and goes on to say: “There is no doubt that Bernie is a strong, no-nonsense manager who is intimately familiar with the homeland security mission. The new standing Committee on Homeland Security will work closely with him to build on the strong foundations laid by Tom Ridge to secure America against terrorism.” Some Democrats, including Senator Charles Schumer (D-NY), also praise Kerik’s nomination. “Coming from New York, Bernie Kerik knows the great needs and challenges this country faces in homeland security,” Schumer says. “He has a strong law enforcement background and I believe will do an excellent job in fighting for the resources and focus that homeland security needs and deserves in our post-9/11 world.” Kerik’s biggest drawback as the choice to head DHS may be his lack of experience in managing a federal bureaucracy, some observers say. Former New York Police Commissioner Howard Safire says of Kerik: “Bernie is a very good operational person, he knows how to run the operation. What he needs to learn and what he’s going to need help with is the Washington bureaucracy.” DHS is an umbrella department overseeing and managing 22 separate federal agencies and some 200,000 employees and contract workers. (Stevenson and Drew 12/2/2004; Porteus 12/3/2004; McClellan 2008, pp. 245-246) “People here are waiting to find out who this guy is and what changes he’ll bring,” says an anonymous Homeland Security senior official. “He’s really an unknown factor here in Washington.” (Lichtblau and Stevenson 12/4/2004) In 2008, Scott McClellan, the current White House press secretary, will describe DHS as “still in its infancy and still struggling to define its identity,” and will call it a “vast, unwieldy agglomeration of dozens of formerly independent agencies, now bundled together under one name, and with a new focus (physical threats to the American ‘homeland’) that sometimes contradicted the old mandates. Homeland Security was hampered by bureaucratic infighting, incredibly complex coordination challenges, and slumping employee morale.” (McClellan 2008, pp. 245-246) Less than two weeks later, Kerik will withdraw his name from consideration, ostensibly over a problem with an illegal immigrant he hired to babysit his children (see December 13, 2004), though some believe his withdrawal is spurred by the media’s interest in his business dealings (see December 9-10, 2004).

Some are quietly expressing criticism or a lack of surety about the recent nomination of former New York Police Commissioner Bernard Kerik to head the Department of Homeland Security (DHS—see December 3, 2004). The New York Times questions Kerik’s qualifications for the post and what it calls “some troubling parts of his record.” The Times says, “A homeland security secretary should be above politics and respectful of civil liberties,” and that Kerik is neither, as he campaigned for the reelection of President George W. Bush, and suggested that criticism of the Iraq War was tantamount to aiding the enemy, and that the election of Kerry would result in a terrorist attack. It is also unclear why Kerik abruptly left Iraq in the summer of 2003, just when he should have been settling into his new job of training security forces (see May 2003 - July 2003). The Times says the public should know more about Kerik’s duties at Giuliani-Kerik LLC, a consulting firm Kerik operates with former New York Mayor Rudolph Giuliani, and raises questions about potential conflicts of interest: “Mr. Kerik should offer assurances that former clients and colleagues will not get preferential treatment. He has had difficulty with ethical lines in the past. In 2002, he paid a fine for using a police sergeant and two detectives to research his autobiography.” The Times also notes Kerik’s “enormously profitable” stint as a board member of Taser International, the stun-gun manufacturer, saying this deserves scrutiny. (New York Times 12/9/2004) Kerik will be doing business with some of the firms that made him wealthy, Times reporter Eric Lipton observes, particularly Taser International, even though he has promised to resign from that firm’s board of directors and sell his remaining stock if he is confirmed as DHS secretary. The price of Taser stock has risen sharply in recent months, largely because Kerik has done an excellent job of pitching the company’s product to police departments around the country. Kerik has also led the push to bring federal business to Taser, including contracts offered by DHS. Taser president Thomas Smith says: “Anyone in a federal law enforcement position is a potential customer. And we are going to continue to go after that business.” Kerik refuses to discuss his position with Taser with the press. Bush administration spokesman Brian Besanceney promises Kerik will adhere to “the highest ethical standards” and ensure there are no conflicts of interest. “In order to avoid even an appearance of a conflict, he will comply with all ethics laws and rules to avoid acts that might affect former clients or organizations where he served as a director,” Besanceney says. Under Kerik, the New York Police Department became one of the first departments in the country to purchase large amounts of Taser stun guns. (Lipton 12/10/2004)

Bernard Kerik, the former New York City police commissioner, withdraws his name from consideration to become the nation’s next head of the Department of Homeland Security (DHS—see December 3, 2004). Kerik says he found information showing that a woman he had hired as a housekeeper and nanny was an illegal immigrant; DHS oversees the Immigration and Customs Enforcement (ICE) agency. Kerik says that the discovery prompted him to withdraw his name from consideration. In a letter to President Bush, Kerik writes that although it is “the honor of a lifetime” to be nominated to head the department, “I am convinced that, for personal reasons, moving forward would not be in the best interests of your administration, the Department of Homeland Security, or the American people.… I uncovered information that now leads me to question the immigration status of a person who had been in my employ as a housekeeper and nanny. It has also been brought to my attention that for a period of time during such employment required tax payments and related filings had not been made.” He says that he cannot allow personal matters to “distract from the focus and progress of the Department of Homeland Security and its crucial endeavors.”
Questionable Stock Transactions May Be behind Kerik's Withdrawal - Some Democrats believe that the real reason for Kerik’s withdrawal may be questions about his involvement with Taser International, a stun gun company that does business with DHS; Kerik recently made $6.2 million by exercising stock options in that firm (see December 9-10, 2004). Kerik’s close friend and business colleague, former New York Mayor Rudolph Giuliani, says of Kerik’s choice: “I’m disappointed that this had to happen, but I think it’s the right decision, the only decision given the kind of issue that’s involved here. I don’t think this would be as major an issue if it were a different department of government.… When an issue like this emerges, it makes it impossible to go forward.” Kerik’s lawyer, Joseph Tacopina, says Kerik is the one who decided to withdraw his name. “It was Bernie Kerik who uncovered this [the information about the nanny] on his own. He brought it to the White House,” says Tacopina. “He wanted to put the country first. He didn’t want to distract the president and distract the important mission that Homeland Security has.” As he withdraws his name from consideration, Kerik has still not completed his ethics filings, which will disclose his sources of income and financial liabilities, and the FBI has not yet completed its background investigation of him. (Associated Press 12/13/2004; Lipton and Rashbaum 12/13/2004) A Democratic Senate staff member says he is unsure whether the nanny issue is the only reason why Kerik withdrew his name from consideration. “Multiple media organizations were pursuing multiple stories” that would be potentially damaging to Kerik, the staffer says. Because many of these questions had not yet been answered by the administration, “fundamentally, he was a bad pick.… The process worked here.” (Bumiller and Lipton 12/12/2004) The press has begun looking into other aspects of Kerik’s financial life, including the possibility that Kerik, while serving as police commissioner, helped a close friend, Frank DiTommaso, with suspected ties to the Gambino crime family get a construction license from the city in return for over $7,000 in cash and gifts. DiTommaso denies having any ties to organized crime, but city regulators later denied the license, citing their suspicions of just such ties. The White House denies knowing about any such connections between Kerik and DiTommaso. (Rashbaum and Flynn 12/13/2004) Other ethical, financial, and perhaps criminal questions surround Kerik’s withdrawal, though they will not surface until months or years later. (McClellan 2008, pp. 245-246)
Kerik Unqualified for Position? - The New York Press’s editorial staff writes that Kerik was never qualified for the job, and that his candidacy is built upon what the editorial staff calls “the myth of Rudy Giuliani and 9/11.… The Rudy-9/11 myth is crucial to Kerik’s nomination, because without this myth there is no Rudy the National Player, and without Rudy the National Player there is no nomination of brusque outsider Bernie Kerik to a major cabinet post in Washington.” Kerik himself, the Press notes, is a senior vice president at Giuliani Partners LLC, where his reputation and manner help sell security-related products: “Because Kerik was acting chief of police when the planes slammed into the towers, and because Kerik embodies the Rudy myth by association, he is a golden moustache on the terror-business circuit, where he tells corporations and government agencies that another attack is on the way—especially if Democrats are in power—and that Nextel (or whoever) is the company to help them prepare for it.” Nothing in Kerik’s career, the Press observes, has prepared him to lead a sprawling federal bureaucracy, nor does he have any grounding in the world of international intelligence, “a critical field of knowledge for the incoming secretary.” The Press writes: “Homeland Security is meant to act as the ‘fusion center’ for all US intelligence operations. Whatever Kerik knows about this stuff, he likely gleaned from [action novelist] Tom Clancy.” (New York Press 12/14/2004)
Media Did Its Job in Exposing Kerik's Flaws - In 2008, Scott McClellan, the current White House press secretary, will write: “After Bush nominated Kerik for secretary of Homeland Security… revelations about his behavior began flying. This was one episode in which the media illustrated the vital role the press can play in uncovering genuine malfeasance by public officials. Frankly, the media did a better job of vetting Bernard Kerik than the Bush administration did. Kerik was left with no choice but to resign.” (McClellan 2008, pp. 245-246)

FBI Director Robert Mueller tells an audience at an InfraGard convention, “Those of you in the private sector are the first line of defense.” InfraGard is an organization made up of private business executives and employees who work with the FBI in counterterrorism, surveillance, and other areas (see 1996-2008). Mueller urges InfraGard members to contact the FBI if they “note suspicious activity or an unusual event.” And he urges members to inform the FBI about “disgruntled employees who will use knowledge gained on the job against their employers.” After the convention, Muller says of InfraGard, “It’s a great program.” (Rothschild 2/7/2008)

Senator John McCain (R-AZ), considered a leading candidate for the Republican presidential nomination, says former New York Police Commissioner Bernard Kerik did an irresponsible job training police officers in Iraq (see May 2003 - July 2003). McCain’s criticism of Kerik is an indirect means of attacking former New York City Mayor Rudolph Giuliani, another Republican presidential contender. Kerik withdrew his name from consideration for head of the Department of Homeland Security—a position Giuliani recommended him for—amid questions about his corrupt business practices (see December 13, 2004). McCain, whose comments are made the same day Kerik surrenders to face federal corruption charges in New York, says Giuliani’s longtime friendship and business relationships with Kerik are reason to doubt Giuliani’s judgment. McCain says of Kerik’s job performance in Iraq: “I don’t know Mr. Kerik. I do know that I went to Baghdad shortly after the initial victory and met in Baghdad with [then-ambassador Paul] Bremer and [Lieutenant General Ricardo] Sanchez. And Kerik was there. Kerik was supposed to be there to help train the police force. He stayed two months and one day left, just up and left.… That’s why I never would’ve supported him to be the head of homeland security because of his irresponsible act when he was over in Baghdad to try and help train the police. One of the reasons why we had so much trouble with the initial training of the police was because he came, didn’t do anything, and then went out to the airport and left.” McCain is joined on the campaign trail by former DHS Secretary Tom Ridge, who says of Giuliani: “It was clear the mayor and I had a different view what the department does and the kind of leadership it needed. His judgment would’ve been different than mine.… We’re not talking about some urban city patronage job. That’s not what a Cabinet secretary’s about.” (Associated Press 11/9/2007)


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