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Context of 'Before December 18, 2003: 9/11 Commission Executive Director Zelikow Says Former Counterterrorism ‘Tsar’ Clarke Cannot Be Trusted to Tell Truth, Must Be Placed under Oath'

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

Entity Tags: Condoleezza Rice, Philip Shenon, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Clinton creates the new post of National Coordinator for Security, Infrastructure, Protection, and Counterterrorism. He names Richard Clarke for the job, and due to the length of the title, Clarke soon becomes known as the counterterrorism “tsar.” [New York Times, 5/23/1998; Washington Post, 4/2/2000] This position is outlined in a new presidential directive on counterterrorism, Presidential Decision Directive 62 (PDD-62), which also outlines goals of fighting terrorism and attempts to strengthen interagency coordination of counterterrorism efforts. [9/11 Commission, 3/24/2004] Clarke, who had been working on terrorism issues since the start of the Clinton administration, has more symbolic than actual power in the new position. For instance, he only has a staff of 12, compared to a staff of hundreds for the drug “tsar,” and by law he is not allowed to order law enforcement agents, soldiers, or spies to do anything. He does not have any control over budgets. But he is allowed to sit on Cabinet level meetings that involve terrorism. [Clarke, 2004, pp. 170; 9/11 Commission, 7/24/2004, pp. 101] Clarke has a long record of prior government service, beginning in 1973 as a nuclear weapons analyst in the Office of the Secretary of Defense. [CBS News, 3/30/2004] He came to prominence in the Reagan administration as the deputy assistant secretary of state for intelligence from 1985 to 1989. Having left the State Department in 1992, he has spent the past six years on the National Security Council staff. [Washington Post, 3/13/2003; BBC, 3/22/2004; Associated Press, 3/27/2004] After 9/11 Clarke will become well known for his criticisms of the George W. Bush administration (see March 21, 2004 and March 24, 2004), but some who know him consider him to be politically conservative. [Boston Globe, 3/29/2004] According to the Washington Post, many within the Clinton administration view Clarke as a hawk. [Washington Post, 3/23/2004] Robert Gelbard, who worked with him at the State Department in the early 1990s, says he is “no liberal. He is very hawkish.” [US News and World Report, 4/5/2004] Vince Cannistraro, a former CIA official who worked with Clarke in the 1980s, says, “You can’t accuse him of being passive or too liberal on foreign policy.” [Washington Post, 3/23/2004] At the time of the 2000 election he will be a registered Republican, and he votes that year for John McCain in the Republican presidential primary. [New York Times, 3/23/2004; Salon, 3/24/2004; Time, 4/5/2004] Larry DiCara, the former president of the Boston City Council who knew Clarke when he was younger, later recalls: “He was fiercely conservative at a time when just about everyone in Boston was a Democrat.… I’m amazed he worked for [President] Clinton.” Clarke, however, will later praise Clinton, and in an interview in 2002 will describe himself as “not a partisan figure.” [Boston Globe, 3/29/2004]

Entity Tags: Vincent Cannistraro, Larry DiCara, Robert Gelbard, Richard A. Clarke, William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Andrew Card, Karl C. Rove, Philip Shenon, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White House counterterrorism chief Richard Clarke sends a memo to National Security Adviser Condoleezza Rice in which he warns that hundreds of Americans could die in an attack by al-Qaeda and complains that the Bush administration is not doing enough to combat the threat posed by the terrorist network. [9/11 Commission, 3/24/2004; Washington Post, 3/25/2004] The National Security Council’s principals committee—a group of senior officials who advise the president on issues of national security policy—is set to meet today to discuss al-Qaeda. Before the meeting takes place, Clarke sends a memo to Rice in which he criticizes US counterterrorism efforts.
Al-Qaeda Could Kill 'Hundreds of Americans' - The “real question” before the members of the principals committee, Clarke writes in the memo, is, “[A]re we serious about dealing with the al-Qaeda threat?” He suggests: “Decision makers should imagine themselves on a future day when the [White House Counterterrorism Security Group] has not succeeded in stopping al-Qaeda attacks and hundreds of Americans lay dead in several countries, including the US. What would those decision makers wish that they had done earlier?” “That future day could happen at any time,” he adds.
Clarke Complains about the Lack of Response to the USS Cole Bombing - Clarke criticizes the US military for failing to respond to the attack on the USS Cole in Yemen, in October 2000 (see October 12, 2000). “Many in al-Qaeda and the Taliban may have drawn the wrong lesson from the Cole: that they can kill Americans without there being a US response, without there being a price,” he writes. He states that he cannot understand “why we continue to allow the existence of large-scale al-Qaeda bases where we know people are being trained to kill Americans.”
Clarke Warns of a Possible 'Big Attack, with Lots of Casualties' - Clarke complains that without adequate funding: “You are left with a modest effort to swat flies, to try to prevent specific al-Qaeda attacks by using [intelligence] to detect them, and friendly governments’ police and intelligence officers to stop them. You are left waiting for the big attack, with lots of casualties, after which some major US retaliation will be in order.” [9/11 Commission, 7/24/2004, pp. 212-213]
Rice Later Says Memo Is 'Not a Warning about September 11th' - Rice will later say of Clarke’s memo: “It would not be appropriate or correct to characterize what Dick [Clarke] wrote to me on September 4th as a warning of an impending attack. What he was doing was, I think, trying to buck me up so that when I went into this principals meeting, I was sufficiently on guard against the kind of bureaucratic inertia that he had fought all of his life.” The memo, she will say, “was a warning to me not to get dragged down by the bureaucracy, not a warning about September 11th.” [9/11 Commission, 4/8/2004] The principals committee’s meeting today is the committee’s first meeting on al-Qaeda issues. [9/11 Commission, 3/24/2004; 9/11 Commission, 7/24/2004, pp. 212] Clarke had “urgently” called for such a meeting back in January this year (see January 25, 2001). [Clarke, 2004, pp. 237]

Entity Tags: Richard A. Clarke, Condoleezza Rice, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Rice is scheduled to deliver a speech claiming to address “the threats and problems of today and the day after, not the world of yesterday.” The speech is never given due to the 9/11 attacks earlier in the day, but the text is later leaked to the media. The Washington Post calls the speech “telling Insight into the administration’s thinking” because it promotes missile defense and contains no mention of al-Qaeda, bin Laden, or Islamic extremist groups. The only mention of terrorism is in the context of the danger of rogue nations such as Iraq. In fact, there are almost no public mentions of bin Laden or al-Qaeda by Bush or other top Bush administration officials before 9/11, and the focus instead is on missile defense. [Washington Post, 4/1/2004; Washington Post, 4/1/2004]

Entity Tags: Osama bin Laden, Central Intelligence Agency, Al-Qaeda, Bush administration (43), Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Khalil bin Laden at the Orlando, Florida, airport, about to be flown out of the country in the days after 9/11.Khalil bin Laden at the Orlando, Florida, airport, about to be flown out of the country in the days after 9/11. [Source: Lions Gate Films]Following a secret flight inside the US that is in violation of a national private airplane flight ban, members of the bin Laden family and Saudi royalty quietly depart the US. The flights are only publicly acknowledged after all the Saudis have left. [Boston Globe, 9/21/2001; New York Times, 9/30/2001] About 140 Saudis, including around 24 members of the bin Laden family, are passengers in these flights. The identities of most of these passengers are not known. However, some of the passengers include:
bullet The son of the Saudi Defense Minister Prince Sultan. Sultan is sued in August 2002 for alleged complicity in the 9/11 plot. [Tampa Tribune, 10/5/2001] He is alleged to have contributed at least $6 million since 1994 to four charities that finance al-Qaeda. [Vanity Fair, 10/2003]
bullet Khalil bin Laden. He has been investigated by the Brazilian government for possible terrorist connections. [Vanity Fair, 10/2003]
bullet Abdullah bin Laden and Omar bin Laden, cousins of bin Laden. Abdullah was the US director of the Muslim charity World Assembly of Muslim Youth (WAMY). The governments of India, Pakistan, Philippines, and Bosnia have all accused WAMY of funding terrorism. These two relatives were investigated by the FBI in 1996 (see February-September 11, 1996) in a case involving espionage, murder, and national security. Their case is reopened on September 19, right after they leave the country. [Vanity Fair, 10/2003] Remarkably, four of the 9/11 hijackers briefly lived in the town of Falls Church, Virginia, three blocks from the WAMY office headed by Abdullah bin Laden. [BBC, 11/6/2001]
bullet Saleh Ibn Abdul Rahman Hussayen. He is a prominent Saudi official who was in the same hotel as three of the hijackers the night before 9/11. He leaves on one of the first flights to Saudi Arabia before the FBI can properly interview him about this. [Washington Post, 10/2/2003]
bullet Akberali Moawalla. A Pakistani and business partner of Osama’s brother Yeslam bin Laden. In 2000, a transfer of over $250 million was made from a bank account belonging jointly to Moawalla and Osama bin Laden (see 2000). [Washington Post, 7/22/2004]
There is a later dispute regarding how thoroughly the Saudis are interviewed before they leave and who approves the flights. Counterterrorism “tsar” Richard Clarke says he agrees to the flights after the FBI assures him none of those on board has connections to terrorism and that it is “a conscious decision with complete review at the highest levels of the State Department and the FBI and the White House.” [US Congress, 9/3/2003] Clarke says the decision to approve the flights “didn’t get any higher than me.” [Hill, 5/18/2004] According to Vanity Fair, both the FBI and the State Department “deny playing any role whatsoever in the episode.” However, Dale Watson, the head of the FBI’s Counterterrorism Division, says the Saudis on the planes “[are] identified, but they [are] not subject to serious interviews or interrogations” before they leave. [Vanity Fair, 10/2003] An FBI spokesperson says the bin Laden relatives are only interviewed by the FBI “at the airport, as they [are] about to leave.” [National Review, 9/11/2002] There are claims that some passengers are not interviewed by the FBI at all. [Vanity Fair, 10/2003] Abdullah bin Laden, who stays in the US, says that even a month after 9/11, his only contact with the FBI is a brief phone call. [Boston Globe, 9/21/2001; New Yorker, 11/5/2001] The FBI official responsible for coordinating with Clarke is Assistant Director Michael Rolince, who is in charge of the Bureau’s International Terrorism Operations Section and assumes responsibility for the Saudi flights. Rolince decides that the Saudis can leave after their faces are matched to their passport photos and their names are run through various databases, including some watch lists, to check the FBI has no derogatory information about them.” [9/11 Commission, 8/21/2004, pp. 196-197, 209 pdf file] Numerous experts are surprised that the bin Ladens are not interviewed more extensively before leaving, pointing out that interviewing the relatives of suspects is standard investigative procedure. [National Review, 9/11/2002; Vanity Fair, 10/2003] MSNBC claims that “members of the Saudi royal family met frequently with bin Laden—both before and after 9/11” [MSNBC, 9/5/2003] , and many Saudi royals and bin Laden relatives are being sued for their alleged role in 9/11. The Boston Globe opines that the flights occur “too soon after 9/11 for the FBI even to know what questions to ask, much less to decide conclusively that each Saudi [royal] and bin Laden relative [deserve] an ‘all clear,’ never to be available for questions again.” [Boston Globe, 9/30/2003] Senator Charles Schumer (D-NY) says of the secret flights: “This is just another example of our country coddling the Saudis and giving them special privileges that others would never get. It’s almost as if we didn’t want to find out what links existed.” [New York Times, 9/4/2003] Judicial Watch will disclose FBI documents that say, “Osama bin Laden may have chartered one of the Saudi flights.” [Judicial Watch, 6/20/2007]

Entity Tags: Abdullah bin Laden, Al-Qaeda, Bush administration (43), Omar bin Laden, Bin Laden Family, Dale Watson, Charles Schumer, Michael Rolince, Richard A. Clarke, Federal Bureau of Investigation, Counterterrorism Division (FBI), Osama bin Laden, World Assembly of Muslim Youth, Sultan bin Abdul Aziz Al Saud, US Department of State, Khalil bin Laden, Saleh Ibn Abdul Rahman Hussayen

Timeline Tags: Complete 911 Timeline

Richard Clarke, who was counterterrorism “tsar” in the run-up to 9/11, briefs the 9/11 Congressional Inquiry about counterterrorism before the attacks.
Clarke's Status - Normally, a White House official such as Clarke would not be allowed to testify before Congress, but the administration makes an exception for him, although the testimony is behind closed doors and is classified. In addition, Clarke is not placed under oath and is not even considered a witness before the inquiry, just a briefer. Clarke’s boss, National Security Adviser Condoleezza Rice, will not testify before the inquiry, and it is unable to obtain access to National Security Council files, which are privileged as they relate to advice given to the president.
Content of Briefing - House Intelligence Committee member Tim Roemer will say that Clarke is riveting during the six-hour briefing. According to author Philip Shenon, Roemer thinks that Clarke is “intelligent, articulate, seemingly candid in discussing his own failings as White House counterterrorism [‘tsar’].” Clarke will later be extremely critical of President George Bush and Rice (see March 21, 2004 and March 24, 2004), but now he is “coy about certain questions—especially about President Bush and Condoleezza Rice.” Shenon will add: “[I]f anyone knew whether Bush and Rice had reacted appropriately to the threats reaching the Oval office before 9/11, it was Clarke. Yet in front of these lawmakers, Clarke seemed unwilling to make any judgments about the president and Rice. He was certainly volunteering little about his bosses. He was still on the [National Security Council’s] payroll. Perhaps it was understandable that Clarke would want to hold his tongue for now.” [Shenon, 2008, pp. 195-196]
Later Positive Briefing about Administration's Record - Two months later, Clarke will give journalists a positive briefing about the Bush administration’s record on terrorism (see August 22, 2002).

Entity Tags: Richard A. Clarke, 9/11 Congressional Inquiry, Philip Shenon, Tim Roemer

Timeline Tags: Complete 911 Timeline

Although he will later come to prominence for accusing it of failing to adequately address the al-Qaeda threat before 9/11 (see March 21, 2004), in a background briefing to reporters, former counterterrorism “tsar” Richard Clarke appears to praise the Bush administration for aggressively pursuing al-Qaeda from the outset. [CNN, 3/24/2004]
'Rapid Elimination' - During the briefing, Clarke says that when the Bush administration came into office in January 2001, it had “decided then” to “vigorously pursue the existing policy” on al-Qaeda, “including all of the lethal covert action findings.” He says that in the first week of February 2001, the administration decided in principle “to add to the existing Clinton strategy and to increase CIA resources, for example, for covert action, five-fold, to go after al-Qaeda.” He says the strategy was changed “from one of rollback with al-Qaeda over the course of five years, which it had been, to a new strategy that called for the rapid elimination of al-Qaeda.”
Response to Time Magazine - Clarke responds to a recent Time magazine article that suggested the Bush administration was unwilling to adopt suggestions made in the Clinton administration because of a general animus against its foreign policy. He says: “This is the one issue where the National Security Council leadership decided continuity was important and kept the same guy around, the same team in place. That doesn’t sound like animus against, uh, the previous team to me.” He is asked, “You’re saying that the Bush administration did not stop anything that the Clinton administration was doing while it was making these decisions, and by the end of the summer had increased money for covert action five-fold?” Clarke replies, “All of that’s correct.”
No Plan, No Delay - One reporter asks about an alleged Clinton administration plan against al-Qaeda, to which Clarke responds, “There was never a plan.” Regarding problems the Clinton administration faced in dealing with the al-Qaeda threat, a reporter asks, “And none of that really changed until we were attacked [on 9/11]?” Clarke says: “No, that’s not true. In the spring, the Bush administration changed—began to change Pakistani policy, um, by a dialogue that said we would be willing to lift sanctions.… So that’s really how it started.” He is asked, “[W]hat you’re saying is that… one, there was no plan; two, there was no delay; and that actually the first changes since October of ‘98 were made in the spring months just after the [Bush] administration came into office?” Clarke replies: “You got it. That’s right.” [Fox News, 3/24/2004]
Comments Published - In March 2004, the White House will violate a long-standing confidentiality policy by authorizing Fox News to publish these comments that Clarke has made off the record (see March 24, 2004). [Columbia Journalism Review, 3/25/2004; FindLaw, 4/9/2004]
Clarke's Explanation - Around that time, when Clarke appears before the 9/11 Commission (see March 24, 2004), Commissioner James Thompson will ask him about the apparent discrepancies between his comments during this briefing and the criticisms he makes of the Bush administration in his book Against All Enemies. Clarke will explain that his briefing was in the context of Time magazine’s critical story. He will say, “So I was asked by several people in senior levels of the Bush White House to do a press backgrounder to try to explain that set of facts in a way that minimized criticism of the administration.” He will add, “I was asked to highlight the positive aspects of what the administration had done, and to minimize the negative aspects of what the administration had done.” [9/11 Commission, 3/24/2004] Former Nixon White House counsel John Dean will defend Clarke, writing, “The truth is that the background briefing simply does not conflict with anything Clarke says openly, if more bluntly, in his book.” [FindLaw, 4/9/2004]
Previous Briefing for 9/11 Congressional Inquiry - Two months before this, Clarke had briefed the 9/11 Congressional Inquiry on the Bush administration’s counterterrorism record and had been largely uncritical of its policies (see June 11, 2002).

Entity Tags: Richard A. Clarke, Clinton administration, Bush administration (43), John Dean, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism “tsar” Richard Clarke is extremely surprised when he learns the 9/11 Commission has hired Philip Zelikow as its executive director (see Shortly Before January 27, 2003). According to author Philip Shenon, he says aloud, “The fix is in,” and wonders why anybody would have hired a friend of National Security Adviser Condoleezza Rice to investigate her, amongst others. Clarke had previously thought that the 9/11 Commission might get to the truth of how President George Bush and Rice had ignored the intelligence in the run-up to 9/11, but Zelikow’s appointment dashes these hopes. Shenon will describe Clarke’s reaction as: “[T]here [is] no hope that the Commission would carry out an impartial investigation of the Bush administration’s bungling of terrorist threats in the months before September 11. Could anyone have a more obvious conflict of interest than Zelikow?” Clarke, who dislikes Zelikow personally, wonders whether he has told the commissioners that he was one of the architects of Clarke’s demotion at the start of the Bush administration (see January 3, 2001). He is certain that Zelikow will not want a proper investigation of the transition to the Bush administration, as he was such a central part of it. [Shenon, 2008, pp. 63-65]

Entity Tags: Richard A. Clarke, Philip Zelikow, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Members of the 9/11 Commission’s staff who are suspicious of the partisanship of the Commission’s executive director, Philip Zelikow, establish what author Philip Shenon calls a “back-channel network” through which reports of Zelikow’s behavior can be passed. The staff members are suspicious of Zelikow because they think he is close to the Bush administration, in particular National Security Adviser Condoleezza Rice (see January 3, 2001), whose interests he defends on the Commission (see May-June 2004). The network’s aim is to “alert the Democratic commissioners when [staff] thought Zelikow was up to no good.” Commissioner Tim Roemer will say that he often gets phone calls late at night or on weekends at home from staffers who want to talk about Zelikow. “It was like Deep Throat,” he will later say (see May 31, 2005). Richard Ben-Veniste is another one of the Democratic commissioners involved in the network. [Shenon, 2008, pp. 375]

Entity Tags: Richard Ben-Veniste, 9/11 Commission, Philip Zelikow, Tim Roemer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Warren Bass, the 9/11 Commission staffer allocated to review National Security Council documentation, comes to favor an account of events in the Bush administration given by former counterterrorism “tsar” Richard Clarke over one given by National Security Adviser Condoleezza Rice. Clarke has claimed that the administration did not take the risk of an al-Qaeda attack seriously enough in the summer of 2001, whereas Rice claims the administration did everything it could to prevent one.
Documentation, Speeches, Briefings - Bass comes to this judgment partly because of the small amount of Rice’s e-mails and internal memos about terrorism from the spring and summer of 2001: there is, in author Philip Shenon’s words, “almost nothing to read.” In addition, she made very few references to terrorism in speeches and public appearances. For example, a speech she was to give on 9/11 itself about national security contained only a passing reference to terrorism (see September 11, 2001). On the contrary, Clarke left a pile of documents and a “rich narrative” of events at the White House concerning al-Qaeda, including warnings about an upcoming catastrophic terrorist attack in the summer of 2001. Bass also sees that Clarke was not allowed to brief President Bush on al-Qaeda before 9/11, whereas he repeatedly talked to President Bill Clinton about it.
Memo Warned of Attacks One Week before 9/11 - He is especially astounded to find a memo dated September 4, 2001 warning of a forthcoming attack by Osama bin Laden (see September 4, 2001). However, when he shows this to his team leader, Michael Hurley, they both realize it may be difficult to get this memo included in the commission’s report due to expected opposition from 9/11 Commission Executive Director Philip Zelikow, who the staff suspects is biased towards Rice (see January 3, 2001, Before December 18, 2003, May-June 2004 and February 28, 2005). [Shenon, 2008, pp. 146-149]
Memo Called a "Jeremiad" - The September 4 memo is mentioned in the commission’s final report, but is followed by a comment from Rice saying she saw it as a warning “not to get dragged down by bureaucratic inertia.” The report then calls the memo a “jeremiad” (a prolonged lamentation) and attributes it to Clarke’s inability “to persuade [the CIA and Pentagon] to adopt his views, or to persuade his superiors to set an agenda of the sort he wanted or that the whole government could support.” [Shenon, 2008, pp. 212-213]

Entity Tags: Philip Zelikow, Michael Hurley, Warren Bass, Richard A. Clarke, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Philip Zelikow, executive director of the 9/11 Commission, goes to the White House to have lunch with National Security Adviser Condoleezza Rice and her staff. Zelikow is close to Rice and defends her interests on the Commission (see 1995, Before December 18, 2003, and May-June 2004). Zelikow’s White House passes are arranged by Karen Heitkotter, an executive secretary on the Commission. According to author Philip Shenon, during the Commission’s life, “More than once she [is] asked to arrange a gate pass so Zelikow [can] enter the White House to visit the national security adviser in her offices in the West Wing.” Allegedly, at the same time, “Zelikow [is] telling people how upset he [is] to cut off contact with his good friend Rice.” [Shenon, 2008, pp. 107]

Entity Tags: Karen Heitkotter, 9/11 Commission, Condoleezza Rice, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Clarke, counterterrorism “tsar” from 1998 until October 2001, ignites a public debate by accusing President Bush of doing a poor job fighting al-Qaeda before 9/11. In a prominent 60 Minutes interview, he says: “I find it outrageous that the president is running for re-election on the grounds that he’s done such great things about terrorism. He ignored it. He ignored terrorism for months, when maybe we could have done something to stop 9/11.… I think he’s done a terrible job on the war against terrorism.” He adds: “We had a terrorist organization that was going after us! Al-Qaeda. That should have been the first item on the agenda. And it was pushed back and back and back for months.” He complains that he was Bush’s chief adviser on terrorism, yet he never got to brief Bush on the subject until after 9/11. [CBS News, 3/21/2004; CBS News, 3/21/2004; Guardian, 3/23/2004; Salon, 3/24/2004] Author Philip Shenon will call the interview “gripping” and comment that Clarke is “made for television.” This is because of his “urgent speaking style” and his “shock of white hair and ghostly pallor,” which makes it look like he has “emerged from years of hiding in sunless back rooms of the West Wing to share the terrible secrets he ha[s] learned.” [Shenon, 2008, pp. 277] The next day, his book Against All Enemies is released and becomes a bestseller. [Washington Post, 3/22/2004] He testifies before the 9/11 Commission a few days later (see March 24, 2004).

Entity Tags: George W. Bush, Richard A. Clarke, Philip Shenon

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

The White House responds aggressively to comments made the previous day by former counterterrorism “tsar” Richard Clarke (see March 24, 2004), who accused the Bush administration of doing little about terrorism prior to 9/11 (see March 21, 2004). Author Philip Shenon will characterize the situation at the White House following the comments as a “near panic” and “genuine alarm,” because Clarke’s allegations are “a direct threat to [President] Bush’s reelection hopes.”
Rice Leads Response - White House chief of staff Andy Card will say that the most upset person is Clarke’s former boss Condoleezza Rice, who takes the lead in responding. She appears on several television shows, claiming—in what Shenon calls a “remarkably angry tone”—on 60 Minutes: “Dick Clarke just does not know what he’s talking about.… Richard Clarke had plenty of opportunities to tell us in the administration that he thought the war on terrorism was moving in the wrong direction, and he chose not to.” Vice President Dick Cheney says that Clarke has a “grudge” against the administration because he did not get a position at the Department of Homeland Security that he wanted, adding that Clarke “wasn’t in the loop, frankly” and “clearly missed a lot of what was going on.” Shenon will comment, “Cheney’s remarks had unintentionally proved exactly what Clarke was saying—that his authority was so diminished in the Bush administration that he had no ability to reach the decision makers in the White house when threats emerged.” [Shenon, 2008, pp. 277-279]
Having It Both Ways? - “You can’t have it both ways,” adds retired General Wesley Clark, the former commander of NATO forces in Bosnia. He was “either the counterterrorism czar and was responsible and knew what was going on, or the administration gave him a title and didn’t put any emphasis on terrorism and that’s why he wasn’t in the loop.” [Rich, 2006, pp. 114-119]
Surrogate Smears - Surrogates try dirty tactics, for example conservative columnist Robert Novak suggests that Clarke is motivated by racial prejudice against Rice, a “powerful African-American woman,” and conservative commentator Laura Ingraham asks why “this single man” is such a “drama queen.” Although Clarke anticipated attacks, he is surprised at their ferocity. [Shenon, 2008, pp. 277-279] Former White House communications director Karen Hughes interrupts her book tour to criticize Clarke for supposedly promoting his own book, Against All Enemies. Right-wing bloggers, perhaps given direction by White House officials, begin swapping lascivious and baseless rumors about Clarke’s sexual orientation. [Rich, 2006, pp. 114-119] The Washington Times accuses Clarke of being “a political chameleon who is starved for attention after years of toiling anonymously in government bureaucracies.” Neoconservative columnist Charles Krauthammer calls Clarke “a partisan perjurer.” At the extreme edge of the attack is conservative author Ann Coulter, who with no evidence whatsoever, accuses Clarke of racism: she portrays him as thinking of Condoleezza Rice, “[T]he black chick is a dummy” whom Bush promoted from “cleaning the Old Executive Office Building at night.” [Salon, 3/29/2004] Senator John McCain (R-AZ) calls the attacks “the most vigorous offensive I’ve ever seen from the administration on any issue.” [Washington Post, 3/28/2004]
Clarke's Counters - Republican leaders also threaten to release testimony Clarke gave in 2002, and Clarke says he welcomes the release. The testimony remains classified. [Associated Press, 3/26/2004; Associated Press, 3/28/2004] Clarke calls on Rice to release all e-mail communications between the two of them before 9/11; these are not released either. [Guardian, 3/29/2004] Despite the attacks, Clarke’s partners in a consulting business stick with him, as does ABC News, which recently hired him as a terrorism consultant. [Shenon, 2008, pp. 277-279]
Mishandled Response? - According to Reuters, a number of political experts conclude, “The White House may have mishandled accusations leveled by… Clarke by attacking his credibility, keeping the controversy firmly in the headlines into a second week.” [Reuters, 3/29/2004]
No Evidence of Contradiction - However, a review of declassified citations from Clarke’s 2002 testimony provides no evidence of contradiction, and White House officials familiar with the testimony agree that any differences are matters of emphasis, not fact. [Washington Post, 4/4/2004]

Entity Tags: Robert Novak, John McCain, Karen Hughes, Philip Shenon, Condoleezza Rice, Charles Krauthammer, Laura Ingraham, Andrew Card, Ann Coulter, Wesley Clark, Richard (“Dick”) Cheney, Richard A. Clarke, Washington Times

Timeline Tags: Complete 911 Timeline

One of the slides in President Bush’s presentation during the evening’s entertainment.One of the slides in President Bush’s presentation during the evening’s entertainment. [Source: Nicholas Roberts / Getty Images]President Bush, the guest of honor at the annual Radio and Television News Correspondents Association black-tie dinner, shows a slide show for his portion of the evening’s entertainment. As is the tradition of the dinner, powerful lawmakers and media figures poke fun at themselves and the issues of the day, usually with little political fallout. But many are offended by Bush’s humor in the slide show. One picture shows Bush looking under a piece of furniture in the Oval Office, with his accompanying remark, “Those weapons of mass destruction have got to be here somewhere.” A second slide shows him looking in the corner of a room, and the voiceover says, “No, no weapons over there.” A third picture has him leaning over and saying, “Maybe under here?” While most participants at the dinner laugh appreciatively, many others are offended, seeing Bush as making light of the rationale for a war that has led to the death of almost 600 American soldiers by this time. [BBC, 3/26/2004; Associated Press, 3/26/2004] Bush’s humor draws an onslaught of criticism from Democrats, soldiers, and the families of US soldiers slain in Iraq (see March 25, 2004 and March 25, 2004).

Entity Tags: George W. Bush, Radio and Television News Correspondents Association

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

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

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

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

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

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

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

At a campaign appearance in New Hampshire, President Bush refers to the 9/11 attacks, saying, “Had I known that the enemy was going to use airplanes to strike America, to attack us, I would have used every resource, every asset, every power of this government to protect the American people.” He also suggests that his predecessor, Democrat Bill Clinton, was more to blame for the attacks than he was, as the 9/11 Commission is looking at “eight months of my administration and the eight years of the previous administration.” This speech comes one day after his former counterterrorism “tsar,” Richard Clarke, had given damaging high-profile testimony to the Commission (see March 24, 2004). Author Philip Shenon will comment that Bush “was apparently hoping that his audience would forget that the August 6 [Presidential Daily Brief item (see August 6, 2001)] had warned specifically that planes might be hijacked by al-Qaeda within the United States.” [Shenon, 2008, pp. 289]

Entity Tags: George W. Bush, Philip Shenon

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

Former counterterrorism “tsar” Richard Clarke, lambasted by Bush administration supporters (see March 24, 2004) for his criticism of the administration’s foreign policies (see March 21, 2004 and March 24, 2004), counters some of that criticism by noting that when he resigned from the administration a year earlier, he was highly praised by President Bush (see January 31, 2003).
Differing Characterizations from Administration - On Meet the Press, Clarke reads aloud the handwritten note from Bush that lauds his service, telling host Tim Russert: “This is his writing. This is the president of the United States’ writing. And when they’re engaged in character assassination of me, let’s just remember that on January 31, 2003: ‘Dear Dick, you will be missed. You served our nation with distinction and honor. You have left a positive mark on our government.’ This is not the normal typewritten letter that everybody gets. This is the president’s handwriting. He thinks I served with distinction and honor. The rest of his staff is out there trying to destroy my professional life, trying to destroy my reputation, because I had the temerity to suggest that a policy issue should be discussed. What is the role of the war on terror vis-a-vis the war in Iraq? Did the war in Iraq really hurt the war on terror? Because I suggest we should have a debate on that, I am now being the victim of a taxpayer-paid—because all these people work for the government—character assassination campaign.”
Never Briefed Bush on Terrorism - Clarke also notes that the letter proves he never briefed Bush on terrorism because he was not allowed to provide such a briefing (see Early January 2001). He tells Russert: “You know, they’re saying now that when I was afforded the opportunity to talk to him about cybersecurity, it was my choice. I could have talked about terrorism or cybersecurity. That’s not true. I asked in January to brief him, the president, on terrorism, to give him the same briefing I had given Vice President Cheney, Colin Powell, and [Condoleezza] Rice. And I was told, ‘You can’t do that briefing, Dick, until after the policy development process.’” [MSNBC, 3/28/2004; Salon, 3/29/2004]
Administration Should Declassifiy August 2002 Briefing - Clarke also calls on the administration to declassify “all six hours” of the briefing he gave to top officials in August 2002 about the impending threat of a terrorist attack (see August 22, 2002). The administration has selectively declassified material from that briefing to impugn Clarke’s honesty and integrity. “I would welcome it being declassified,” Clarke says. “But not just a little line here and there—let’s declassify all six hours of my testimony.” He also asks that the administration declassify the strategy reports from 2001 that he authored, and all of his e-mails between January 2001 and September 2001, to prove that the charges laid against him by the administration are false. He calls on the White House to end what he calls the “vicious personal attacks” and “character assassination,” and focus on issues. “The issue is not about me,” he tells a CNN reporter. “The issue is about the president’s performance in the war on terrorism.” [MSNBC, 3/28/2004; CNN, 3/28/2004]

Entity Tags: Colin Powell, George W. Bush, Condoleezza Rice, Richard (“Dick”) Cheney, Bush administration (43), Richard A. Clarke, Tim Russert

Timeline Tags: Complete 911 Timeline, 2004 Elections

The Bush administration bows to growing pressure in the wake of former counterterrorism “tsar” Richard Clarke’s testimony before the 9/11 Commission (see March 21, 2004) and agrees to allow National Security Adviser Condoleezza Rice to testify before the Commission in public and under oath. It also agrees that President Bush and Vice President Dick Cheney can be interviewed in private by the whole Commission. However, according to the New York Times, “In exchange for her appearance, the [9/11 Commission] agreed not to seek testimony from other White House aides at public hearings, although it can continue to question them in private.” [New York Times, 3/31/2004] There was some debate in the administration over whether Rice would testify or not. As she is national security adviser and there are no allegations of criminal wrongdoing, there are good grounds for Rice refusing to testify under the doctrine of executive privilege, and this argument is made in particular by White House counsel Alberto Gonzales and David Addington, Vice President Cheney’s counsel. However, Rice insists that she wants to testify. According to author Philip Shenon, she is “uncharacteristically frantic” over the issue. White House chief of staff Andy Card will say, “Condi desperately wanted to do it.” Shenon will write of the decision, which is made by President Bush: “The political pressure on the White House was too great, and Rice’s persuasive powers with the president were more than a match for Alberto Gonzales’s. Rice was as strong-willed as any member of the White house staff. Gonzales was strong-willed until the president told him otherwise.” [Shenon, 2008, pp. 289-292] Author and media critic Frank Rich will later write: “The dirty little secret about the uproar over Clarke’s revelations were that many of them had been previously revealed by others, well before he published his book. But as the Bush administration knew better than anyone, perception was all, and perception began with images on television. Clarke had given the charges a human face.” The administration is sending Rice to testify publicly before the Commission, Rich will write, in part because she is the most telegenic of Bush’s top advisers, and has the best chance of “rebranding” the story with her face and testimony. [Rich, 2006, pp. 119]

Entity Tags: White House, Frank Rich, Philip Shenon, George W. Bush, Condoleezza Rice, Bush administration (43), Alberto R. Gonzales, 9/11 Commission, David S. Addington, Andrew Card

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

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White House chief of staff Andy Card learns what the 9/11 Commission Report contains before it is published, as the various chapters are sent to the White House for classification review before the publication date. Card then hears back from the review teams. Despite fears about allegations made by former counterterrorism “tsar” Richard Clarke (see March 21, 2004) and a key Presidential Daily Brief item (see August 6, 2001), in the words of author Philip Shenon, Card can see “that the Commission’s final report posed no threat to [President] Bush’s re-election.” This is because the report does not “single out individuals for blame. Certainly not George Bush.” The allegations by Clarke, related in a “he-said, she-said” manner in the report, also do not damage National Security Adviser Condoleezza Rice. [Shenon, 2008, pp. 411]

Entity Tags: 9/11 Commission, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Philip Zelikow, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Torture of US Captives

In late September 2006, a new book by Bob Woodward reveals that CIA Director Tenet and CIA counterterrorism chief Cofer Black gave National Security Adviser Rice their most urgent warning about a likely upcoming al-Qaeda attack (see July 10, 2001 and September 29, 2006). Tenet detailed this meeting to the 9/11 Commission in early 2004 (see January 28, 2004), but it was not mentioned in the 9/11 Commission’s final report later that year. According to the Washington Post, “Though the investigators had access to all the paperwork on the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about.” [Washington Post, 10/1/2006] The 9/11 Commissioners initially vigorously deny that they were not told about the meeting. For instance, 9/11 Commissioner Jamie Gorelick says she checked with commission staff who told her they were never told about a meeting on that date. She says, “We didn’t know about the meeting itself. I can assure you it would have been in our report if we had known to ask about it.” [Washington Post, 9/30/2006] Commissioner Tim Roemer says, “None of this was shared with us in hours of private interviews, including interviews under oath, nor do we have any paper on this. I’m deeply disturbed by this. I’m furious.” Commissioner Richard Ben-Veniste says the meeting “was never mentioned to us.” Philip Zelikow, the executive director of the 9/11 Commission, says the commissioners and their staff had heard nothing in their private interviews with Tenet and Black to suggest that they made such a dire presentation to Rice. “If we had heard something that drew our attention to this meeting, it would have been a huge thing.” [New York Times, 10/2/2006] However, on October 3, 2006, a transcript of Tenet’s private testimony to the 9/11 Commission is leaked to reporters and clearly shows that Tenet did warn Rice of an imminent al-Qaeda threat on July 10, 2001. Ben-Veniste, who attended the meeting along with Zelikow and other staff members, now confirms the meeting did take place and claims to recall details of it, even though he, Zelikow, and other 9/11 Commissioners had denied the existence of the meeting as recently as the day before. In the transcript, Tenet says “the system was blinking red” at the time. This statement becomes a chapter title in the 9/11 Commission’s final report but the report, which normally has detailed footnotes, does not make it clear when Tenet said it. [Washington Post, 10/3/2006] Zelikow had close ties to Rice before joining the 9/11 Commission, having co-written a book with her (see March 21, 2004), and became one of her key aides after the commission disbanded (see February 28, 2005). Zelikow does not respond to requests for comments after Tenet’s transcript surfaces. [McClatchy Newspapers, 10/2/2006; Washington Post, 10/3/2006]

Entity Tags: Richard Ben-Veniste, Tim Roemer, Jamie Gorelick, George J. Tenet, Condoleezza Rice, 9/11 Commission, Philip Zelikow, Cofer Black

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Former 9/11 Commission executive director Philip Zelikow (see Shortly Before January 27, 2003), a former adviser to then-Secretary of State Condoleezza Rice (see February 28, 2005), calls for the US to launch a military strike against North Korea in order to remove that nation’s nuclear weapons capability. Zelikow dismisses Secretary of State Hillary Clinton’s reservations about North Korea’s nuclear program (see February 15, 2009) and writes, “To accept the combination of nuclear weapons and IRBMs or ICBMs in the hands of North Korea is a gamble, betting on deterrence of one of the least well understood governments on earth, in a country now undergoing high levels of internal stress.” Zelikow refers directly to the 2006 call from two former Defense Department officials, Ashton Carter and William Perry, for a military strike against North Korea’s nuclear weapons program (see June 22, 2006), and writes that at the time he believed the call for military action was “premature.” Now, however, “political predicate for the Carter-Perry recommendations has been well laid.” Zelikow recommends that the Obama administration issue the requisite warnings to dismantle the nuclear weapons, and if North Korea refuses to heed the warnings, the US should destroy them. [Foreign Policy, 2/17/2009; Foreign Policy, 10/22/2010]

Entity Tags: Hillary Clinton, Ashton Carter, Philip Zelikow, William Perry, Obama administration

Timeline Tags: US International Relations

MSNBC host Rachel Maddow interviews former State Department official Philip Zelikow.MSNBC host Rachel Maddow interviews former State Department official Philip Zelikow. [Source: Crooks and Liars (.com)]Former State Department adviser Philip Zelikow (see February 28, 2005) reveals that in June 2005, he wrote a secret memo challenging the Bush administration’s legal reasoning behind its decision to authorize torture (see June 2005). Zelikow writes that until now he has never publicly discussed the memo, but with the recent release of four Office of Legal Counsel memos (see April 16, 2009), he feels he can now do so without fear of breaking the law. [Foreign Policy, 4/21/2009] The memos were ordered destroyed by someone in the White House. Zelikow later says that while he has no proof, his “supposition at the time” was that the office of Vice President Dick Cheney was behind the suppression. Cheney’s office had no authority to request that his memo be suppressed or destroyed, Zelikow will say: “They didn’t run the interagency process. Such a request would more likely have come from the White House counsel’s office or from NSC [National Security Council] staff.” Zelikow will say he never saw any written order pertaining to his memo being suppressed, but he knew of it: “It was conveyed to me, and I ignored it,” he will say. Zelikow will call his memo “a more direct assault on [the Bush Justice Department’s] own interpretation of American law.” [Mother Jones, 5/6/2009] Discussing his memo with MSNBC’s Rachel Maddow, Zelikow recalls that when he first read the memos, he was struck by how “deeply unsound” the legal reasoning in them was. “I wasn’t sure that the president and his advisers understood just how potentially questionable and unreasonable many lawyers and judges would find this reasoning.… They [the memos’ authors] were using an interpretation of how to comply with that standard that I didn’t think any judges or lawyers outside of the administration would find plausible, and I wasn’t sure other folks realized just how implausible it was.” Maddow asks if Zelikow believes, as she does, that the White House wanted “to erase any evidence of the existence of a dissenting view within the administration because it would undercut the legal authority of the advice in those memos, the advice that those techniques would be legal”; Zelikow responds: “That is what I thought at the time. I had the same reaction you did. But I don’t know why they wanted to do it.” [MSNBC, 4/21/2009]

Entity Tags: National Security Council, Rachel Maddow, Bush administration (43), Office of the Vice President, Office of Legal Counsel (DOJ), Philip Zelikow

Timeline Tags: Torture of US Captives

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