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Context of 'Early March 2004: Executive Director Zelikow Demands 9/11 Commission Subpoena Forthcoming Book by Former Counterterrorism ‘Tsar’'

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

Entity Tags: Condoleezza Rice, Philip Shenon, Philip Zelikow

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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’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

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