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“The American military is built to dominate all phases and mediums of combat. We must acknowledge that our way of war requires superiority in all mediums of conflict, including space. Thus, we must plan for, and execute to win, space superiority.” [Foreign Service Journal, 4/2001]
General Richard B. Myers takes over as commander in chief of the North American Aerospace Defense Command (NORAD), commander in chief of the US Space Command, and commander of the Air Force Space Command. He replaces General Howell M. Estes III. (North American Aerospace Defense Command 6/3/1998; Air Force News 8/19/1998) Myers will serve in these positions until February 22, 2000, when he will be replaced by General Ralph E. Eberhart. (Air Force News 2/22/2000) On 9/11, Myers will serve as the acting chairman of the Joint Chiefs of Staff. (Myers 2009, pp. 10)
At some point during his tenure as commander in chief of NORAD (see August 14, 1998), General Richard Myers expresses concerns about the adequacy of the radar system over the US, which NORAD shares with the Federal Aviation Administration (FAA) in what is called the Joint Surveillance System. Myers will later tell the 9/11 Commission that NORAD is unable to “correlate” over 50 percent of the unknown radar tracks it picks up, either because it cannot launch an interceptor aircraft in time or because it cannot deal with the tracks appropriately. Some of them disappear from radar before NORAD can correlate them with the FAA. Myers makes Pentagon officials aware of the problem, telling them, “don’t think we’re providing 100 percent air sovereignty here… we’re looking outward, and a number of those tracks are never correlated.” He will recall that in connection with the internal radar issue, “I saw a letter I put out talking about a potential terrorist issue… that’s why you would want these radars up… it’s kind of a future issue.” According to Myers, there is talk about the future potential of a terrorist threat as a rationale for “trying to get people to address the FAA/[Air Force] radar funding issue in a more robust way.” Myers also finds NORAD’s command and control software inadequate. He will tell the 9/11 Commission that the “system was very old and was contracted to be replaced, but the contractor did not perform. The issue was how many tracks the system could handle at once; NORAD kept modifying the equipment to allow more inputs but it needed a new system.” However, Myers will also confirm to the 9/11 Commission that “from a technical radar standpoint, NORAD had pretty good coastal range, and that the activity on 9/11 was within the radar area that was accessible to NORAD.” (9/11 Commission 2/17/2004 ; 9/11 Commission 6/9/2004)
The North American Aerospace Defense Command (NORAD) practices a scenario in which five terrorists take over a transcontinental aircraft with the intention of crashing it into the United Nations headquarters building in New York. The simulation takes place during a command post exercise conducted by the Continental United States NORAD Region, called Falcon Indian. NORAD’s three air defense sectors in the continental US, including the Northeast Air Defense Sector based in Rome, New York, take part in this exercise. General Richard Myers, currently the commander in chief of NORAD, will reveal the details of the scenario during an August 2004 hearing of the Senate Armed Services Committee. According to Myers, the scenario is based around a China Air aircraft flying from Los Angeles to JFK International Airport in New York, which is “hijacked east of Colorado Springs by five terrorists.” If the plane is not intercepted by the US military, the terrorists intend “to crash into [the] United Nations building.” (North American Aerospace Defense Command 8/25/1989; US Congress. Senate. Committee on Armed Services 8/17/2004; Arkin 2005, pp. 362) The UN headquarters building is a 39-story high-rise, located a few miles from the World Trade Center. (Arena 12/2/1999; Evening Standard 9/11/2002) In response to the simulated crisis, exercise participants have to follow hijack checklists, exercise command and control, coordinate with external agencies, and carry out a handover of responsibilities between NORAD sectors. (US Congress. Senate. Committee on Armed Services 8/17/2004) Like in this scenario, the teams of hijackers that take over three of the four aircraft targeted in the 9/11 attacks will comprise of five terrorists. And all four of the aircraft targeted on 9/11 will be making transcontinental flights, like the plane hijacked in this scenario, although they will be flying from the east coast to the west rather than from the west to the east. (Schmemann 9/12/2001; CNN 9/20/2001; 9/11 Commission 7/24/2004, pp. 4, 11) A subsequent Falcon Indian exercise in June 2000 will include scenarios in which hijackers plan to crash aircraft into the White House and the Statue of Liberty (see June 5, 2000). (US Congress. Senate. Committee on Armed Services 8/17/2004)
General Richard Myers, chief of Space Command, states: “The American military is built to dominate all phases and mediums of combat. We must acknowledge that our way of war requires superiority in all mediums of conflict, including space. Thus, we must plan for, and execute to win, space superiority.” (Moore 1/2001; Moore 2001; Moore 4/2001)
The North American Aerospace Defense Command (NORAD) practices two scenarios in which aircraft are hijacked, and in one scenario the hijackers plan to crash the plane into the Statue of Liberty in New York Harbor, while in the other the hijackers plan to crash into the White House in Washington, DC. The scenarios are included in a command post exercise conducted by the Continental United States NORAD Region called Falcon Indian. NORAD’s three air defense sectors in the continental United States, including the Northeast Air Defense Sector based in Rome, New York, are participating in this exercise. (North American Aerospace Defense Command 8/25/1989; US Congress. Senate. Committee on Armed Services 8/17/2004; Arkin 2005, pp. 362)
Hijackers Take Over Learjet, Plan to Crash into White House - The two hijacking scenarios will be described by General Richard Myers, currently the vice chairman of the Joint Chiefs of Staff, during a hearing of the Senate Armed Services Committee in August 2004. According to Myers, one of the scenarios involves a Learjet being hijacked and maintaining a “tight formation with [a] Canadair airliner, loaded with explosives.” (From Myers’s description it is unclear whether the Learjet or the Canadair airliner is the plane carrying explosives.) According to Myers, the “Learjet planned to crash into the White House.” In response to the simulated crisis, exercise participants have to follow hijack checklists, exercise command and control, and coordinate with external agencies.
Communist Group Plans to Crash Plane into Statue of Liberty - The other scenario is based around a “Communist Party faction” that hijacks an aircraft “bound from [the] western to [the] eastern United States,” according to Myers. There are “[h]igh explosives on board” the aircraft and the fictitious hijackers intend “to crash into the Statue of Liberty.” During the simulation, the FAA requests assistance from the military. Exercise participants have to again follow hijack checklists, exercise command and control, and coordinate with external agencies, as well as carrying out a handover of responsibilities between NORAD sectors. (US Congress. Senate. Committee on Armed Services 8/17/2004) Even though these two NORAD exercise scenarios involve hijackers attempting to use planes as weapons, the 9/11 Commission will claim in its final report, “The threat of terrorists hijacking commercial airliners within the United States—and using them as guided missiles—was not recognized by NORAD before 9/11.” (9/11 Commission 7/24/2004, pp. 17) A previous Falcon Indian exercise in November 1999 included a scenario of hijackers planning to crash an aircraft into the United Nations headquarters building in New York (see November 6, 1999). (US Congress. Senate. Committee on Armed Services 8/17/2004)
The North American Aerospace Defense Command (NORAD) practices scenarios based around suicidal pilots planning to deliberately crash stolen aircraft into the United Nations headquarters—a skyscraper in New York. The two scenarios are practiced on October 16 and October 23 as part of NORAD’s annual command post exercise called Vigilant Guardian. All of NORAD, including its Northeast Air Defense Sector based in Rome, New York, participates in this exercise. (US Congress. Senate. Committee on Armed Services 8/17/2004; Arkin 2005, pp. 545; GlobalSecurity (.org) 4/27/2005)
Simulation Involves Planned Suicide Plane Attack - General Richard Myers, currently the vice chairman of the Joint Chiefs of Staff, will later describe the scenario practiced on October 16: “Due to recent arrests involving illegal drug trafficking in Maine, an individual steals a Federal Express plane and plans a suicide attack into the United Nations building in New York City.” In response to the simulated crisis, exercise participants follow hijack checklists, exercise command and control, and coordinate with external agencies.
Simulation Involves WMD Directed at the UN - The October 23 scenario, according to Myers, is based around “[w]eapons of mass destruction directed at the United Nations. An individual steals a Federal Express aircraft and plans a suicide attack on the United Nations building in New York City.” In response, exercise participants practice command and control, and coordinate with external agencies, and fighter jets conduct an interception of the stolen aircraft. (US Congress. Senate. Committee on Armed Services 8/17/2004) Federal Express currently flies mostly the DC-10 and the MD-11, which are both large jet planes, so presumably one of these kinds of aircraft is considered in the exercise scenarios. (Schneider 1/17/2001) The UN headquarters building—the target in the scenarios—is a 39-story high-rise, located just a few miles from the World Trade Center. (Arena 12/2/1999; Evening Standard 9/11/2002)
Scenarios Revealed in 2004 - The details of these two scenarios will come to light in August 2004 during a hearing of the Senate Armed Services Committee. They will be revealed by Myers, at that time the chairman of the Joint Chiefs of Staff, after Senator Mark Dayton (D-MN) asks him, “Did NORAD conduct exercises or develop scenarios, prior to September 11, 2001, to test a military reaction to an aircraft hijacking which appeared destined to result in a suicide crash into a high-value target?” (US Congress. Senate. Committee on Armed Services 8/17/2004) NORAD will state in 2004 that, until 9/11, it conducts four major exercises each year. Most of these include a hijack scenario, but not all of them involve planes being used as weapons. (Komarow and Squitieri 4/18/2004; Starr 4/19/2004) NORAD’s next Vigilant Guardian exercise, in 2001, will actually be several days underway on 9/11 (see (6:30 a.m.) September 11, 2001). It will include a number of scenarios based around plane hijackings, with the fictitious hijackers targeting New York in at least one of those scenarios (see September 6, 2001, September 9, 2001, September 10, 2001, and (9:40 a.m.) September 11, 2001). (9/11 Commission 2004; Bronner 8/1/2006)
The Bush White House holds its first National Security Council meeting. The focus is on Iraq and the Israeli-Palestinian conflict. (Bamford 2004, pp. 261) This meeting sets the tone for how President Bush intends to handle foreign affairs. Counterterrorism chief Richard Clarke wants to focus on the threat from al-Qaeda and Islamist terrorism, especially in light of the recent attack on the USS Cole (see October 12, 2000). But Bush isn’t interested in terrorism. (Unger 2007, pp. 201)
Israeli-Palestinian Conflict to be 'Tilted Back Towards Israel' - Instead, Bush channels his neoconservative advisers, particularly incoming Deputy Defense Secretary Paul Wolfowitz (see February 18, 1992 and April-May 1999), in taking a new approach to Middle East affairs, particularly the Israeli-Palestinian conflict. Referring to President Clinton’s efforts to make peace between the Israelis and the Palestinians, Bush declares: “Clinton overreached, and it all fell apart. That’s why we’re in trouble. If the two sides don’t want peace, there’s no way we can force them. I don’t see much we can do over there at this point. I think it’s time to pull out of the situation.… We’re going to correct the imbalance of the previous administration on the Mideast conflict. We’re going to tilt it back towards Israel.” His view is that the Israeli government, currently headed by Ariel Sharon, should be left alone to deal as it sees fit with the Palestinians. “I’m not going to go by past reputations when it comes to Sharon. I’m going to take him at face value. We’ll work on a relationship based on how things go.” Justifying his position, he recalls a recent trip he took to Israel with the Republican Jewish Coalition. “We flew over the Palestinian camps. Looked real bad down there.… I don’t see much we can do over there at this point.” Secretary of State Colin Powell, surprised by Bush’s intended policy towards the 50-year old Israeli-Palestinian conflict, objects. According to Secretary of the Treasury Paul O’Neil, Powell “stresse[s] that a pullback by the United States would unleash Sharon and the Israeli army.” When Powell warns the president that the “consequences of that [policy] could be dire, especially for the Palestinians,” Bush shrugs. “Sometimes a show of strength by one side can really clarify things,” he suggests. (Bamford 2004, pp. 265-266; Lang 6/2004) In this and subsequent meetings, Bush’s National Security Adviser, Condoleezza Rice, “parrot[s]… the neocon line,” in author Craig Unger’s words, by discussing Iraq. “Iraq might be the key to reshaping the entire region,” she says, clearly alluding to regime change and overthrow in that nation (see March 8, 1992, Autumn 1992, July 8, 1996, Late Summer 1996, Late Summer 1996, 1997-1998, January 26, 1998, February 19, 1998, September 2000, Late December 2000 and Early January 2001, and Shortly after January 20, 2001). (Unger 2007, pp. 201)
Possible WMD Sites in Iraq Spark Bush to Order Plans for Ground Assaults - The meeting then moves on to the subject of Iraq. Rice begins noting “that Iraq might be the key to reshaping the entire region.” She turns the meeting over to CIA Director George Tenet who summarizes current intelligence on Iraq. He mentions a factory that “might” be producing “either chemical or biological materials for weapons manufacture.” The evidence he provides is a picture of the factory with some truck activity, a water tower, and railroad tracks going into a building. He admits that there is “no confirming intelligence” on just what is going on at these sites. Bush orders Defense Secretary Donald Rumsfeld and Joint Chiefs of Staff Chairman General Hugh Shelton to begin preparing options for the use of US ground forces in Iraq’s northern and southern no-fly zones in support of a native-based insurgency against the Hussein regime. (Bamford 2004, pp. 267; Lang 6/2004) Author Ron Suskind later sums up the discussion: “Meeting adjourned. Ten days in, and it was about Iraq. Rumsfeld had said little, Cheney nothing at all, though both men clearly had long entertained the idea of overthrowing Saddam.” Defense Intelligence Agency official Patrick Lang later writes: “If this was a decision meeting, it was strange. It ended in a presidential order to prepare contingency plans for war in Iraq.” (Lang 6/2004)
Regime Change Intended from the Outset - US Secretary of the Treasury Paul O’Neill, later recalls: “From the very beginning, there was a conviction, that Saddam Hussein was a bad person and that he needed to go.… From the very first instance, it was about Iraq. It was about what we can do to change this regime. Day one, these things were laid and sealed.” O’Neill will say officials never questioned the logic behind this policy. No one ever asked, “Why Saddam?” and “Why now?” Instead, the issue that needed to be resolved was how this could be accomplished. “It was all about finding a way to do it,” O’Neill will explain. “That was the tone of it. The president saying ‘Go find me a way to do this.’” (CBS News 1/10/2004; Stevenson 1/12/2004; Borger 1/12/2004; Burrough et al. 5/2004, pp. 234) Another official who attends the meeting will later say that the tone of the meeting implied a policy much more aggressive than that of the previous administration. “The president told his Pentagon officials to explore the military options, including use of ground forces,” the official will tell ABC News. “That went beyond the Clinton administration’s halfhearted attempts to overthrow Hussein without force.” (Cochran 1/13/2004) Unger later writes, “These were the policies that even the Israeli right had not dared to implement.” One senior administration official says after the meeting, “The Likudniks are really in charge now.” (Unger 2007, pp. 201)
Funding the Iraqi National Congress - The council does more than just discuss Iraq. It makes a decision to allow the Iraqi National Congress (INC), an Iraqi opposition group, to use $4 million to fund efforts inside Iraq to compile information relating to Baghdad’s war crimes, military operations, and other internal developments. The money had been authorized by Congress in late 2004. The US has not directly funded Iraqi opposition activities inside Iraq itself since 1996. (Kettle 2/3/2005)
White House Downplays Significance - After Paul O’Neill first provides his account of this meeting in 2004, the White House will attempt to downplay its significance. “The stated policy of my administration toward Saddam Hussein was very clear,” Bush will tell reporters during a visit to Mexico In January 2004. “Like the previous administration, we were for regime change.… And in the initial stages of the administration, as you might remember, we were dealing with desert badger or fly-overs and fly-betweens and looks, and so we were fashioning policy along those lines.” (Stevenson 1/12/2004)
The Bush White House holds its second National Security Council meeting. Like the first meeting (see January 30, 2001), the issue of regime change in Iraq is a central topic. (CBS News 1/10/2004; Stevenson 1/12/2004) Officials discuss a memo titled “Plan for post-Saddam Iraq,” which talks about troop requirements, establishing war crimes tribunals, and divvying up Iraq’s oil wealth. ( [Sources: Paul O’Neill) Defense Secretary Donald Rumsfeld interrupts Colin Powell’s discussion of UN-based sanctions against Iraq, saying, “Sanctions are fine. But what we really want to discuss is going after Saddam.” He continues, “Imagine what the region would look like without Saddam and with a regime that’s aligned with US interests. It would change everything in the region and beyond it. It would demonstrate what US policy is all about.” (Suskind 2004, pp. 85-86 Sources: Paul O’Neill) According to Treasury Secretary Paul O’Neill, Rumsfeld talks at the meeting “in general terms about post-Saddam Iraq, dealing with the Kurds in the north, the oil fields, the reconstruction of the country’s economy, and the ‘freeing of the Iraqi people.’” (Stevenson 1/12/2004 Sources: Paul O’Neill) Other people, in addition to O’Neill, Bush, and Rumsfeld, who are likely in attendance include Vice President Dick Cheney, Secretary of State Colin Powell, National Security Adviser Condoleezza Rice, Director of Central Intelligence George Tenet and the Chairman of the Joint Chiefs of Staff General Richard B. Myers. (US President 2/13/2001)
This is one of only two dates that Bush’s national security leadership discusses terrorism. (The other discussion occurs on September 4.) Apparently, the topic is only mentioned in passing and is not the focus of the meeting. This group, made up of the national security adviser, CIA director, defense secretary, secretary of state, Joint Chiefs of staff chairman and others, met around 100 times before 9/11 to discuss a variety of topics, but apparently rarely terrorism. The White House “aggressively defended the level of attention [to terrorism], given only scattered hints of al-Qaeda activity.” This lack of discussion stands in sharp contrast to the Clinton administration and public comments by the Bush administration. (Elliott 8/12/2002) Bush said in February 2001, “I will put a high priority on detecting and responding to terrorism on our soil.” A few months earlier, Tenet told Congress, “The threat from terrorism is real, it is immediate, and it is evolving” (see February 7, 2001). (Bridis 6/28/2002)
President George W. Bush appoints Gen. Richard Myers, an expert in hi-tech computer and space warfare, as the new chairman of the Joint Chiefs of Staff. Observers say that Bush’s nomination of Myers, a former head of the US Space Command, reflects the Bush administration intent to develop a missile defense system and weaponize space. (Kellerhals 8/24/2001; PBS 8/24/2001; Christie 8/30/2001)
General Henry Shelton, the chairman of the Joint Chiefs of Staff, takes off to fly to Europe for a NATO conference, and will therefore be away from the US when the 9/11 terrorist attacks occur. (Giesemann 2008, pp. 20, 22; Shelton, Levinson, and McConnell 2010, pp. 430-433) Shelton is scheduled to attend a meeting of the Military Committee—NATO’s highest military authority—in Budapest, Hungary, on September 12, to discuss the situation in the Balkans, the European Security and Defense Identity, and NATO’s new force structure. On his return journey, he is set to stop in London, Britain, to be knighted by the Queen. (North Atlantic Treaty Organization 9/10/2001; North Atlantic Treaty Organization 9/11/2001; Shelton, Levinson, and McConnell 2010, pp. 430) Shelton takes off from Andrews Air Force Base, just outside Washington, DC, on a specially modified C-135 (the military version of a Boeing 707) nicknamed “Speckled Trout.” Normally he flies on a VIP Boeing 757 often used by the vice president, but that aircraft is presently unavailable, so he is flying instead on the C-135, which is usually reserved for the Air Force chief of staff. Those accompanying Shelton on the flight include his wife, Carolyn; his executive assistant, Colonel Doug Lute; his aides, Master Sergeant Mark Jones and Lieutenant Commander Suzanne Giesemann; and his personal security agent, Chief Warrant Officer Marshall McCants. (Giesemann 2008, pp. 20-22; Shelton, Levinson, and McConnell 2010, pp. 431, 434) When Shelton is out of the country, General Richard Myers, the vice chairman of the Joint Chiefs of Staff, is designated by law as acting chairman of the Joint Chiefs of Staff in his place. Shelton will later recall, “Until I crossed back into United States airspace, all the decisions would be [Myers’s] to make, in conjunction with Secretary [of Defense Donald] Rumsfeld and the president.” (Myers 2009, pp. 10; Shelton, Levinson, and McConnell 2010, pp. 432) After learning of the attacks in New York, Shelton will give the order for his plane to return to the US (see (8:50 a.m.-10:00 a.m.) September 11, 2001). (Giesemann 2008, pp. 22-23; Shelton, Levinson, and McConnell 2010, pp. 431) However, the plane will repeatedly be denied permission to enter US airspace (see (After 9:45 a.m.) September 11, 2001) and will only land back in the US at 4:40 p.m. (see 4:40 p.m. September 11, 2001). Shelton will only arrive at the National Military Command Center at the Pentagon an hour after that (see 5:40 p.m. September 11, 2001). (Federal Aviation Administration 9/11/2001 ; Myers 2009, pp. 159; McCullough 9/2011 )
Secretary of Defense Donald Rumsfeld hosts a breakfast meeting in his private dining room at the Pentagon. (Burns 9/12/2001; Rumsfeld 12/5/2001; 9/11 Commission 3/23/2004) The meeting, which is attended by several members of Congress, is intended to discuss the Department of Defense’s Quadrennial Defense Review. As well as the secretary of defense, others in attendance include Rumsfeld’s senior military assistant, Navy Vice Admiral Edmund Giambastiani Jr.; Deputy Defense Secretary Paul Wolfowitz; Pete Geren, a special assistant to Rumsfeld; and Representatives John Mica (R-FL), Mark Steven Kirk (R-IL), Mac Thornberry (R-TX), Roger Wicker (R-MS), Robin Hayes (R-NC), Doug Bereuter (R-NE), John Hostettler (R-IN), Kay Granger (R-TX), John Shimkus (R-IL), Randy “Duke” Cunningham (R-CA), and Christopher Cox (R-CA). (Powell Moore 9/10/2001 ; Mahlburg 9/14/2001; Hasson 3/31/2003; Wolfowitz 5/9/2003; Powell Moore 9/19/2003 ; Rumsfeld 9/10/2004; Miles 9/8/2006) Secretary of the Army Thomas White, who is at the meeting, appears to say it is also attended by numerous key military figures, later telling PBS: “Don Rumsfeld had a breakfast, and virtually every one of the senior officials of the Department of Defense—service chiefs, secretary, deputy, everybody, chairman of the Joint Chiefs of Staff. And as that breakfast was breaking up, the first plane had hit the World Trade tower.” (White 10/26/2004; PBS 10/26/2004) By “chairman of the Joint Chiefs of Staff,” White presumably means Richard Myers, who is the acting chairman on this day, in place of Henry Shelton who is out of the country (see 7:15 a.m. September 11, 2001). (Garamone 9/8/2006) During the course of the meeting Rumsfeld predicts that some kind of “shocking” world event will occur in the near future (see (Before 8:46 a.m.) September 11, 2001). Most accounts suggest the meeting is adjourned soon after the time the first World Trade Center tower is hit, presumably around 8:50 a.m., though one report says it ends at about 9:00 a.m. Just prior to the meeting ending, Rumsfeld is handed a note informing him of the crash (see Shortly After 8:46 a.m. September 11, 2001). Giambastiani also sees this note. Whether the other people in attendance are notified of the crash at this time is unknown. (Rumsfeld 12/5/2001; Rumsfeld 8/12/2002; PBS 10/26/2004; Miles 9/8/2006) White will later recall, “We all went on with the day’s business,” after leaving the meeting. White heads off to give a speech at the nearby Army Navy Country Club. (White 10/26/2004) Rumsfeld, Wolfowitz, and Giambastiani return to their offices. (Wolfowitz 5/9/2003; Miles 9/8/2006) The members of Congress leave the building. (Rumsfeld 1/9/2002) If Myers is at the meeting, as White appears to say, he must head promptly to Capitol Hill, as he enters another meeting in the offices of Senator Max Cleland (D-GA) before the time when the second WTC tower is hit (see Shortly Before 9:00 a.m. September 11, 2001). (Armed Forces Radio And Television Service 10/17/2001; Rhem 10/23/2001)
The Joint Chiefs of Staff (JCS) activates its Crisis Action Team (CAT) at the Pentagon to respond to the terrorist attacks, although the time this occurs at is unclear. (US Congress 9/13/2001; 9/11 Commission 7/21/2003 ; Foley 9/9/2003) General Richard Myers, the vice chairman of the JCS, will later tell a congressional hearing that in response to the attacks on the World Trade Center: “We stood up our Crisis Action Team.… And we started talking to the federal agencies.” (US Congress 9/13/2001) The JCS’s CAT apparently assembles in the National Military Command Center (NMCC), which is located in the JCS area of the Pentagon and is responsible for monitoring worldwide events for the JCS. (9/11 Commission 7/21/2003 ; GlobalSecurity (.org) 7/24/2011; Willms 9/12/2011) Myers will state that the CAT is activated just after 8:46 a.m., when the first hijacked plane crashed into the WTC (see 8:46 a.m. September 11, 2001). He will say it is activated “[a]t the time of the first impact on the World Trade Center.” “That was done immediately,” he will add. (US Congress 9/13/2001) However, other accounts will indicate that the CAT is activated after 9:37 a.m., when the Pentagon attack occurs (see 9:37 a.m. September 11, 2001). Lieutenant Colonel Lyndon Willms is an Air Force officer currently assigned to the Pentagon, working as a joint strategic planner for the JCS. After he and his colleagues in the Joint Vision and Transformation Division of the JCS learn from television reports of the second hijacked plane hitting the WTC, at 9:03 a.m. (see 9:03 a.m. September 11, 2001), they “knew a decision would be made to either send us to augment one of the crisis action teams forming in the National Military Command Center across the hall or be evacuated to another site,” Willms will recall. It appears from Willms’s account, however, that the CAT is only activated later on. By around 9:51 a.m., Willms will state, the CAT is forming in the NMCC, but he and his colleagues are “a bit confused because we thought we would be going in to augment” it. Instead, they are evacuated from the Pentagon. (Willms 9/12/2011) Lieutenant Colonel James Foley, the NMCC operations officer, will also indicate that the CAT is only activated after the Pentagon is hit. He will state that “a Joint Staff Crisis Action Team assembled… within the first two hours, while the situation was entirely uncertain and the Pentagon was burning.” (Foley 9/9/2003) And when they visit the NMCC in 2003, members of the 9/11 Commission staff will be told that a CAT “was stood up” in the NMCC “sometime in the afternoon on 9/11.” (9/11 Commission 7/21/2003 ) It is apparently standard procedure for the JCS to activate its CAT during a terrorist attack. A Department of Defense memorandum sent in March 2001, about how the US military responds to terrorism, will state that in a crisis, the operations directorate of the JCS “establishes a Crisis Action Team (CAT) to prepare and coordinate deployment, and execute orders.” (US Department of Defense 3/15/2001)
According to his own account, Air Force General Richard Myers, the vice chairman of the Joint Chiefs of Staff, sees reports of the first WTC crash on television. Myers is acting chairman of the US military during the 9/11 crisis because Chairman of the Joint Chiefs of Staff Army General Henry Shelton is flying across the Atlantic for a NATO meeting in Europe. (ABC News 9/11/2002; Garamone 9/8/2006) Myers has a 9 o’clock appointment with Senator Max Cleland (D-GA) in one of the Senate office buildings. He is heading into this meeting and sees a television in Cleland’s outer office showing the burning North Tower, with the commentator suggesting it has been hit by an airplane. (Myers 9/11/2002) Myers later recalls, “They thought it was a small plane or something like that.” (Armed Forces Radio And Television Service 10/17/2001; Rhem 10/23/2001) He says, “And we’re standing around saying, ‘What in the world happened?’ I remember the day being beautiful. I said, ‘How could a pilot be that stupid, to hit a tower? I mean, what’—but then you think, ‘Well, whatever.’” So he goes ahead and walks into the meeting, and is with Cleland at the time the second tower is hit (see (Shortly After 9:03 a.m.) September 11, 2001). (Myers 6/29/2006) On several occasions, Cleland will confirm that Myers had this meeting with him. (US Congress 9/13/2001; CNN 11/20/2001; Baxter and Galloway 6/16/2003) But counterterrorism “tsar” Richard Clarke seems to contradict this account. He claims that, when he joins a video teleconference shortly after arriving at the White House, he sees Myers on screen, indicating that Myers is at the Pentagon rather than with Cleland (see (9:10 a.m.) September 11, 2001). (Clarke 2004, pp. 1-3)
General Ralph Eberhart, the commander of NORAD, realizes the US is under attack after he sees Flight 175 crashing into the World Trade Center on television and then considers whether he should go to NORAD’s Cheyenne Mountain Operations Center (CMOC). Eberhart was at his home in Colorado when he learned about the hijacking of Flight 11 and then went to his office at NORAD’s headquarters at Peterson Air Force Base in Colorado Springs (see (8:45 a.m.-9:00 a.m.) September 11, 2001). In his office, he sees the second hijacked plane, Flight 175, crashing into the WTC live on television at 9:03 a.m. (see 9:03 a.m. September 11, 2001). He is unaware that a second aircraft has been hijacked, but realizes immediately that a coordinated terrorist attack is taking place. Right away, he tries to contact General Henry Shelton, the chairman of the Joint Chiefs of Staff, but is unable to do so, because Shelton is currently airborne, being flown to Hungary for a NATO conference (see 7:15 a.m. September 11, 2001). Eberhart then tries contacting General Richard Myers, the vice chairman of the Joint Chiefs of Staff, and is able to reach him on Capitol Hill, where he has been meeting Senator Max Cleland (D-GA) (see (9:37 a.m.) September 11, 2001). Eberhart then focuses his attention on determining whether he should stay at NORAD headquarters or go to the CMOC, which is about 30 minutes’ drive away from Peterson Air Force Base. He initially decides to stay in his office. This, he will say, is because the CMOC is already well manned and also because there are “dead spots” in which he would be out of phone coverage for five to 10 minutes at a time during the drive to the operations center. However, Eberhart subsequently decides to go to the CMOC. He will tell the 9/11 Commission that he leaves his office to head there at approximately 9:30 a.m., during a lull in transmissions on a teleconference, which he is presumably listening to. (9/11 Commission 3/1/2004; 9/11 Commission 3/1/2004 ; 9/11 Commission 3/1/2004; 9/11 Commission 3/1/2004) He will experience problems receiving phone calls while he is traveling to the CMOC (see (Between 9:35 a.m. and 10:35 a.m.) September 11, 2001). (Zubeck 6/16/2006; Finley 7/28/2006)
Acting Chairman of the Joint Chiefs of Staff Richard Myers learns of the second attack on the World Trade Center. According to some reports, Myers entered a meeting on Capitol Hill with Senator Max Cleland (D-GA) just minutes before the second plane hit the WTC (see Shortly Before 9:00 a.m. September 11, 2001). There are confused accounts of when he learns of this second attack and what he does in response. Myers later tells NBC News, “[S]omewhere in the middle of that meeting, they came in and said the second tower has been hit… and I think that’s when we figured out something—that America or at least the World Trade Center is under attack.” He adds, “And then I left the office,” and, he says, NORAD Commander Ralph Eberhart then calls him. (Myers 9/11/2002) Similarly, in his 2009 memoirs, Myers will write that Cleland “had started preparing a pot of tea, but we hadn’t taken a sip when a staff person came in from the outer office and informed us that the second tower had been hit. We both knew the interview was over and started out to the TV to see the South Tower erupting with smoke and flame.” (Myers 2009, pp. 8) In testimony on September 13, 2001, Myers will state, “[A]fter the second tower was hit, I spoke to the commander of NORAD, General Eberhart.” (US Congress 9/13/2001) In a speech in 2006, Myers says that after the second attack occurs, “The meeting was over very quickly.” (Myers 6/29/2006) He will tell CNN, “[W]hen the second target was hit, we knew something was up, so we rushed back to the Pentagon.” (CNN 4/15/2003) Yet in an interview five weeks after 9/11, Myers claims, “Nobody informed us” when the second tower was hit, “But when we came out [of our meeting], that was obvious.” (Armed Forces Radio And Television Service 10/17/2001; Rhem 10/23/2001) And, according to several accounts, he does not leave Capitol Hill until around the time the Pentagon is hit, which is more than 30 minutes after the second attack happens (see (Shortly After 9:37 a.m.) September 11, 2001). In a speech in 2003, Cleland will recall: “Gen. Myers bolted from his seat. We rushed into an adjoining office as we saw on TV the second plane slam into the second tower. Gen. Myers rushed out of my office, headed for the Pentagon. At that moment, the Pentagon was hit.” (Baxter and Galloway 6/16/2003) But on a couple of other occasions, Cleland says he is still meeting with Myers in his office at the time the Pentagon is hit. (US Congress 9/13/2001; CNN 11/20/2001) Contradicting both Cleland and Myers, counterterrorism “tsar” Richard Clarke will claim that when he joins a video teleconference shortly after the time of the second attack, he can see Myers on screen, meaning Myers is at the Pentagon at that time rather than on Capitol Hill (see (9:10 a.m.) September 11, 2001). (Clarke 2004, pp. 1-3)
Around this time, according to his own account, counterterrorism “tsar” Richard Clarke reaches the Secure Video Conferencing Center just off the main floor of the Situation Room in the West Wing of the White House. From there, he directs the response to the 9/11 attacks and stays in contact with other top officials through video links. Clarke claims that on video he can see Defense Secretary Donald Rumsfeld, CIA Director George Tenet, FBI Director Robert Mueller, FAA Administrator Jane Garvey, Deputy Attorney General Larry Thompson (filling in for the traveling Attorney General John Ashcroft), Deputy Secretary of State Richard Armitage (filling in for the traveling Secretary of State Colin Powell), and Vice Chairman of the Joint Chiefs of Staff Richard Myers (filling in for the traveling Chairman Henry Shelton). National Security Adviser Condoleezza Rice is with Clarke, but she lets him run the crisis response, deferring to his longer experience on terrorism matters. Clarke is also told by an aide, “We’re on the line with NORAD, on an air threat conference call.” (Clarke 2004, pp. 2-4; Australian 3/27/2004) According to the 9/11 Commission, logs indicate that Clarke’s video teleconference only begins at 9:25 a.m. (see 9:25 a.m. September 11, 2001), which is later than Clarke suggests, and CIA and FAA representatives only join it at 9:40 a.m. (9/11 Commission 7/24/2004, pp. 36 and 462) Other accounts claim that, rather than being involved in Clarke’s teleconference at this time, Donald Rumsfeld is still in his office waiting for his intelligence briefing (see (Shortly After 9:03 a.m.) September 11, 2001), and Richard Myers is in a meeting on Capitol Hill (see (Shortly After 9:03 a.m.) September 11, 2001). (Armed Forces Radio And Television Service 10/17/2001; Clarke 2006, pp. 218-219) The 9/11 Commission claims that, “While important,” Clarke’s conference has “no immediate effect on the emergency defense efforts.” (9/11 Commission 6/17/2004) Yet, as the Washington Post puts it, “everyone seems to agree” Clarke is the chief crisis manager on 9/11. (Achenbach 3/28/2004) Even Clarke’s later opponent, National Security Adviser Rice, calls him 9/11’s “crisis management guy.” (Waterman 4/9/2004) The conference is where the government’s emergency defense efforts are concentrated.
According to the 9/11 Commission, NEADS is contacted by the FAA’s Boston Center. Colin Scoggins, Boston Center’s military liaison, tells it: “I just had a report that American 11 is still in the air, and it’s on its way towards—heading towards Washington.… That was another—it was evidently another aircraft that hit the tower. That’s the latest report we have.… I’m going to try to confirm an ID for you, but I would assume he’s somewhere over, uh, either New Jersey or somewhere further south.” The NEADS official asks: “He—American 11 is a hijack?… And he’s heading into Washington?” Scoggins answers yes both times and adds, “This could be a third aircraft.” Somehow Boston Center has been told by FAA headquarters that Flight 11 is still airborne, but the 9/11 Commission will say it hasn’t been able to find where this mistaken information came from.
Scoggins Makes Error - Vanity Fair magazine will later add, “In Boston, it is Colin Scoggins who has made the mistaken call.” Scoggins will explain why he believes he made this error: “With American Airlines, we could never confirm if [Flight 11] was down or not, so that left doubt in our minds.” He says he was monitoring a conference call between FAA centers (see 8:28 a.m. September 11, 2001), “when the word came across—from whom or where isn’t clear—that American 11 was thought to be headed for Washington.” However, Boston Center was never tracking Flight 11 on radar after losing sight of it near Manhattan: “The plane’s course, had it continued south past New York in the direction it was flying before it dipped below radar coverage, would have had it headed on a straight course toward DC. This was all controllers were going on.” Scoggins says, “After talking to a supervisor, I made the call and said [American 11] is still in the air.” (Northeast Air Defense Sector 9/11/2001; 9/11 Commission 6/17/2004; Bronner 8/1/2006)
Myers Refers to Mistaken Report - In the hours following the attacks, acting Chairman of the Joint Chiefs of Staff Richard Myers will apparently refer to this erroneous report that Flight 11 is still airborne and heading toward Washington, telling the Associated Press that “prior to the crash into the Pentagon, military officials had been notified that another hijacked plane had been heading from the New York area to Washington.” Myers will say “he assumed that hijacked plane was the one that hit the Pentagon, though he couldn’t be sure.” (Fournier 9/11/2001)
According to former counterterrorism “tsar” Richard Clarke, around this time the acting Chairman of the Joint Chiefs of Staff Richard Myers speaks to him via video link (see 9:28 a.m. September 11, 2001). During their conversation, Myers mentions, “We are in the middle of Vigilant Warrior, a NORAD exercise.” (Clarke 2004, pp. 5) However, no other references have been found to this exercise, “Vigilant Warrior.” Considering that exercise terms are “normally an unclassified nickname,” (Chairman of the Joint Chiefs of Staff 4/23/1998 ) this is perhaps a little odd. Could Richard Clarke have mistakenly been referring to the Vigilant Guardian exercise (see (6:30 a.m.) September 11, 2001), which is taking place on 9/11? According to a later news report though, NORAD confirms that “it was running two mock drills on Sept. 11 at various radar sites and Command Centers in the United States and Canada,” one of these being Vigilant Guardian. (Kelly 12/5/2003) If this is correct then there must be another NORAD exercise on 9/11. If not “Vigilant Warrior,” a possibility is that the exercise referred to by Richard Clarke is in fact “Amalgam Warrior,” which is a NORAD-sponsored, large-scale, live-fly air defense and air intercept field training exercise. Amalgam Warrior usually involves two or more NORAD regions and is held twice yearly, in the spring for the West Coast and in the autumn for the East Coast. (US Congress n.d.; McKenna 1/1996; Arkin 2005, pp. 254; GlobalSecurity (.org) 4/27/2005) Is it possible that in 2001 the East Coast Amalgam Warrior is being held earlier than usual (like Global Guardian (see 8:30 a.m. September 11, 2001)) and is taking place on 9/11? In support of this possibility is a 1997 Defense Department report that describes the Stratcom exercise Global Guardian, saying it “links with other exercise activities sponsored by the Chairman, Joint Chiefs of Staff, and the Unified Commands.” The exercises it links with are Crown Vigilance (an Air Combat Command exercise), Apollo Guardian (a US Space Command exercise), and—significantly—the NORAD exercises Vigilant Guardian and Amalgam Warrior. (US Department of Defense 5/1997; GlobalSecurity (.org) 4/27/2005) Since in 2001, Vigilant Guardian (see (6:30 a.m.) September 11, 2001) is occurring the same time as Global Guardian, might Amalgam Warrior be as well? In his book Code Names, William Arkin says that Amalgam Warrior is “sometimes combined with Global Guardian.” (Arkin 2005, pp. 254) Amalgam Warrior tests such activities as tracking, surveillance, air interception, employing rules of engagement, attack assessment, electronic warfare, and counter-cruise-missile operations. A previous Amalgam Warrior in 1996 involved such situations as tracking unknown aircraft that had incorrectly filed their flight plans or wandered off course, in-flight emergencies, terrorist aircraft attacks, and large-scale bomber strike missions. Amalgam Warrior 98-1 was NORAD’s largest ever exercise and involved six B-1B bombers being deployed to Eielson Air Force Base, Alaska, to act as an enemy threat by infiltrating the aerial borders of North America. (McKenna 1/1996; Arkin 2005, pp. 254; GlobalSecurity (.org) 4/27/2005) Another Amalgam Warrior in fall 2000 similarly involved four B-1 bombers acting as enemy forces trying to invade Alaska, with NORAD going from tracking the unknown aircraft to sending up “alert” F-15s in response. (Price 10/27/2000; Associated Press 10/29/2000) If either one (or both) of these exercises ending with the name “Warrior” is taking place on 9/11, this could be very significant, because the word “Warrior” indicates that the exercise is a Joint Chiefs of Staff-approved, Commander in Chief, NORAD-sponsored field training exercise. (North American Aerospace Defense Command 8/25/1989) Real planes would be pretending to be threats to the US and real fighters would be deployed to defend against them.
According to his own account, during a video conference with top officials that he is directing, counterterrorism “tsar” Richard Clarke asks acting Joint Chiefs of Staff Chairman Richard Myers, “I assume NORAD has scrambled fighters and AWACS. How many? Where?” Myers, who is at the Pentagon, replies, “Not a pretty picture, Dick. We are in the middle of Vigilant Warrior, a NORAD exercise, but… Otis has launched two birds toward New York. Langley is trying to get two up now [toward Washington]. The AWACS are at Tinker and not on alert.” Vigilant Warrior may be a mistaken reference to either the on-going war game Vigilant Guardian, or perhaps another exercise called Amalgam Warrior (see 9:28 a.m. September 11, 2001). Otis Air National Guard Base is in Massachusetts, 188 miles east of New York City; Langley is in Virginia, 129 miles south of Washington; Tinker Air Force Base is in Oklahoma. Clarke asks, “Okay, how long to CAP [combat air patrol] over DC?” Myers replies, “Fast as we can. Fifteen minutes?” (Clarke 2004, pp. 5) The first fighters don’t reach Washington until perhaps more than 30 minutes later (see (Between 9:49 a.m. and 11:00 a.m.) September 11, 2001). However, this account—or at least the time Clarke alleges the conversation occurs—is contradicted by Myers himself and Senator Max Cleland (D-GA). Myers claims he has been at a meeting on Capitol Hill with Cleland since about 9:00 a.m., and does not arrive back at the Pentagon until after it is hit, which is at 9:37 a.m. (Rhem 10/23/2001; Myers 9/11/2002; CNN 4/15/2003; Garamone 9/8/2006) Cleland confirms the existence of this meeting, and claims that Myers is with him until around the time of the Pentagon attack. (CNN 11/20/2001; Baxter and Galloway 6/16/2003) (There are, though, some inconsistencies in Myers and Cleland’s accounts of this period—see (Shortly After 9:03 a.m.) September 11, 2001).
FAA Administrator Jane Garvey notifies the video conference chaired by counterterrorism “tsar” Richard Clarke that all aircraft have been ordered to land at the nearest field and reads a list of potential hijacks including Delta 1989 and United 93. (Clarke 2004, pp. 5) Although, according to Clarke’s account, both General Richard Myers and Secretary of Defense Donald Rumsfeld are present at the conference at this point, the 9/11 Commission will later claim that the military was not notified about the hijacking of United 93 until over half an hour later (see 10:03 a.m. September 11, 2001).
According to the later claims of several senior officials, the US military is tracking Flight 93 as it heads east and is ready to shoot it down if necessary.
According to Brigadier General Montague Winfield, the Pentagon’s National Military Command Center (NMCC) has “received the report from the FAA that Flight 93 had turned off its transponder, had turned, and was now heading towards Washington, DC.” Winfield will add, “The decision was made to try to go intercept Flight 93.” (ABC News 9/11/2002)
General Richard Myers, the acting chairman of the Joint Chiefs of Staff, will write that in the NMCC, “We learned that there was apparently a fourth hijacked aircraft, United Airlines Flight 93 out of Newark, bound nonstop for San Francisco. Like the other planes, it had switched off its transponder, making it much harder if not impossible to track on ground radar.” (Myers 2009, pp. 152)
Major General Larry Arnold, the commander of the Continental United States NORAD Region, will say, “I was personally anxious to see what 93 was going to do, and our intent was to intercept it.” Three fighters have taken off from Langley Air Force Base in Virginia (see (9:25 a.m.-9:30 a.m.) September 11, 2001). According to Arnold, “we launched the aircraft out of Langley to put them over top of Washington, DC, not in response to American Airline 77, but really to put them in position in case United 93 were to head that way.” (9/11 Commission 5/23/2003) He says, “as we discussed it in the conference call, we decided not to move fighters toward 93 until it was closer because there could have been other aircraft coming in,” but adds, “I had every intention of shooting down United 93 if it continued to progress toward Washington, DC… whether we had authority or not.” (Filson 2003, pp. 73)
Colonel Robert Marr, the battle commander at NORAD’s Northeast Air Defense Sector (NEADS), is reportedly “focused on United Flight 93, headed straight toward Washington.” He will concur with Arnold, saying: “United Airlines Flight 93 would not have hit Washington, DC. He would have been engaged and shot down before he got there.” (Filson 2003, pp. 73) Marr and Arnold will both say they were tracking Flight 93 even earlier on, while it was still heading west (see Shortly Before 9:36 a.m. September 11, 2001).
Yet, contradicting these claims, the 9/11 Commission will conclude that the military only learns about Flight 93 around the time it crashes. It says the NMCC learns of the hijacking at 10:03 a.m. (see 10:03 a.m. September 11, 2001). Based upon official records, including recordings of the NEADS operations floor, it says NEADS never follows Flight 93 on radar and is first alerted to it at 10:07 a.m. (see 10:05 a.m.-10:08 a.m. September 11, 2001). (9/11 Commission 7/24/2004, pp. 30-31, 34 and 42; Farmer 4/30/2006; Bronner 8/1/2006)
At some time after the second attack in New York, Richard Myers, the acting chairman of the Joint Chiefs of Staff, receives a call from NORAD Commander Ralph Eberhart. According to his own account, Myers is on Capitol Hill, where he has been meeting with Senator Max Cleland (D-GA). Apparently soon after he leaves this meeting, his military aide, Army Captain Chris Donahue, hands him a cell phone on which Eberhart is calling. Myers will later comment, “In this emergency, I had to forgo the luxury of a secure encrypted red switch phone and use Donahue’s cell.” Myers will recall that Eberhart “said, you know, we’ve got several hijack codes, meaning that the transponders in the aircraft are talking to the ground, and they’re saying we’re under, we’re being hijacked, several hijack codes in the system, and we’re responding with, with fighter aircraft.” (Rhem 10/23/2001; Myers 9/11/2002; Myers 2009, pp. 8-9) (However, none of the pilots of the four hijacked flights this morning keyed the emergency four-digit code that would indicate a hijacking into their plane’s transponder (see (8:13 a.m.-9:28 a.m.) September 11, 2001). (CNN 9/11/2001) It is therefore unclear what “hijack codes” Eberhart is referring to.) Eberhart also tells Myers, “The decision I’m going to make is, we’re going to land everybody, and we’ll sort it out when we get them on the ground.” (Myers 6/29/2006) He is presumably referring to a plan called SCATANA, which clears the skies and gives the military control over US airspace. However, Eberhart does not implement this until around 11:00 a.m. (see (11:00 a.m.) September 11, 2001). (9/11 Commission 6/17/2004) It is unclear exactly when this call takes place, but it appears to be just before the time the Pentagon is hit, or just before Myers is informed of the Pentagon attack. (Myers 9/11/2002; 9/11 Commission 6/17/2004 ; 9/11 Commission 6/17/2004; Myers 6/29/2006; Garamone 9/8/2006) In his 2009 memoirs, Myers will place it after he is informed of the second attack on the World Trade Center (see (Shortly After 9:03 a.m.) September 11, 2001), but not give a specific time. (Myers 2009, pp. 8-9) Cleland will confirm that Myers meets with him on this morning, and is with him up to the time of the Pentagon attack, or shortly before. (US Congress 9/13/2001; CNN 11/20/2001; Baxter and Galloway 6/16/2003) However, according to counterterrorism “tsar” Richard Clarke, Myers is back at the Pentagon speaking over a video conference around 10 minutes before the Pentagon is struck (see 9:28 a.m. September 11, 2001). (Clarke 2004, pp. 5)
According to his own account, acting Chairman of the Joint Chiefs of Staff Richard Myers was in a meeting on Capitol Hill with Senator Max Cleland (D-GA) since just before 9:00 a.m. (see Shortly Before 9:00 a.m. September 11, 2001). (Myers 9/11/2002) It is unclear exactly when this meeting ended. But Myers says he first learns of the Pentagon attack (which occurs at 9:37) around the time he is leaving the building for the drive back to the Pentagon. In an early interview, he says he hears somebody say the Pentagon has been hit just after he comes out of his meeting with Cleland. (Armed Forces Radio And Television Service 10/17/2001) In some accounts, he says he hears that the Pentagon has been hit just as he is leaving Capitol Hill. (Myers 9/11/2002; 9/11 Commission 6/17/2004 ) In a meeting in 2006, he says, “my security guy got the call the Pentagon had been hit,” as he is making his way out of the building. (Myers 6/29/2006) Myers says that, as his car crosses the 14th Street Bridge across the Potomac River, he can see all the black smoke rising up out of the Pentagon. (Myers 9/11/2002; 9/11 Commission 7/24/2004, pp. 463; Garamone 9/8/2006) Max Cleland later confirms that Myers meets with him on this morning, and is with him until the time of the Pentagon attack, or slightly before. (US Congress 9/13/2001; CNN 11/20/2001; Baxter and Galloway 6/16/2003) However, counterterrorism “tsar” Richard Clarke gives a contradictory account. He claims that Myers is back at the Pentagon, speaking to him over a video conference, around ten minutes before the Pentagon is struck (see 9:28 a.m. September 11, 2001). (Clarke 2004, pp. 5)
Defense Secretary Donald Rumsfeld’s office, and acting Joint Chiefs of Staff Chairman Richard Myers’ office, report to the NMCC teleconference that they are still trying to track down Rumsfeld and Myers, respectively, and bring them into the conference. (9/11 Commission 6/17/2004) Rumsfeld is apparently outside the Pentagon looking at the Flight 77 crash site (see Between 9:38 a.m. and 10:00 a.m. September 11, 2001), though counterterrorism “tsar” Richard Clarke suggests Rumsfeld is elsewhere in the Pentagon for much of the time (see (Between 9:38 a.m. and 9:45 a.m.) September 11, 2001). Myers’ whereabouts in the period after the Pentagon crash have not been fully explained (see (Between 9:55 a.m. and 10:25 a.m.) September 11, 2001). Rumsfeld and Myers do not enter the NMCC until about 10:30 a.m. (see (10:30 a.m.) September 11, 2001).
Acting Chairman of the Joint Chiefs of Staff Richard Myers wants clear rules of engagement for military fighter pilots, according to counterterrorism “tsar” Richard Clarke. In his book Against All Enemies, Clarke will describe hearing that the president has authorized the military to shoot down hostile aircraft some time between about 9:45 and 9:56 (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). From the White House Situation Room, where he is located, he then gets the attention of those on the video conference screen for the Pentagon, and informs them of this decision. Myers asks, “Okay, shoot down aircraft, but what are the ROE [rules of engagement]?” As Clarke will comment, “It was one thing to say it’s okay to shoot down a hijacked aircraft threatening to kill people on the ground, but we needed to give pilots more specific guidelines than that.” Clarke asks his colleague Franklin Miller and Marine Colonel Tom Greenwood—a member of Miller’s staff—to ensure that the Defense Department has “an answer to that question quickly.” He tells them, “I don’t want them delaying while they lawyer that to death.” Clarke recalls that he is then informed: “CNN says car bomb at the State Department. Fire on the Mall near the Capitol.” (Clarke 2004, pp. 8-9) It is therefore unclear exactly what time he is describing, as CNN first makes the incorrect report of the State Department car bomb at 10:33, but it reports the fire on the Mall at 9:45. (CNN 9/11/2001; CNN 9/11/2001; Miller 8/26/2002) Defense Secretary Donald Rumsfeld will tell the 9/11 Commission that he works on fashioning the rules of engagement for fighter pilots, in collaboration with Myers, after he enters the Pentagon’s National Military Command Center (NMCC) at around 10:30 (see (10:30 a.m.-1:00 p.m.) September 11, 2001). (9/11 Commission 3/23/2004) Yet he does not complete and issue these rules until 1:00 p.m. (9/11 Commission 7/24/2004, pp. 465; Cockburn 2007, pp. 7; Myers 2009, pp. 157-158)
Acting Chairman of the Joint Chiefs of Staff Richard Myers enters the National Military Command Center (NMCC) within the Pentagon, though exactly when this happens remains unclear. According to his own statements, he was on Capitol Hill, in the offices of Senator Max Cleland (D-GA), from just before 9:00 a.m. until around the time the Pentagon was hit. He’d then headed back to the Pentagon (see Shortly Before 9:00 a.m. September 11, 2001 and (Shortly After 9:37 a.m.) September 11, 2001). (Armed Forces Radio And Television Service 10/17/2001; Myers 9/11/2002; Myers 6/29/2006) According to the 9/11 Commission, Myers joins the air threat conference call from the NMCC at “shortly before 10:00.” (9/11 Commission 7/24/2004, pp. 38) But the American Forces Press Service reports that he arrives at the NMCC “about 15 minutes” before Secretary of Defense Donald Rumsfeld (who arrives around 10:30), meaning at about 10:15 a.m. (Garamone 9/8/2006) Rumsfeld claims that, as he enters the NMCC, Myers has “just returned from Capitol Hill.” (9/11 Commission 3/23/2004) Cleland verifies that Myers was with him on Capitol Hill until around the time of the Pentagon attack. (CNN 11/20/2001; Baxter and Galloway 6/16/2003) But counterterrorism “tsar” Richard Clarke claims that Myers has been taking part in a video conference since shortly after the second attack on the WTC, and has been visible on the Pentagon screen (see (9:10 a.m.) September 11, 2001 and 9:28 a.m. September 11, 2001), thereby implying Myers has been at the Pentagon all along. (Clarke 2004, pp. 3 and 5) Myers tells the 9/11 Commission, “After I reached the National Military Command Center (NMCC), I asked questions to determine where Secretary Rumsfeld was, how the FAA was handling airborne flights, and the status of fighters prepared to intercept any hijacked aircraft inbound to Washington.” (9/11 Commission 6/17/2004 )
According to New York City Mayor Rudolph Giuliani’s 9/11 Commission testimony in 2004, about one minute before the first WTC tower falls, he is able to reach the White House by phone. Speaking to Chris Henick, deputy political director to President Bush, Giuliani learns the Pentagon has been hit and he asks about fighter cover over New York City. Henick replies, “The jets were dispatched 12 minutes ago and they should be there very shortly, and they should be able to defend you against further attack.” (9/11 Commission 5/19/2004) If this is true, it means fighters scramble from the Otis base around 9:46 a.m., not at 8:52 a.m., as most other accounts have claimed. While Giuliani’s account may seem wildly off, it is consistent with reports shortly after 9/11. In the first few days, acting Joint Chiefs of Staff Chairman Richard Myers, and a NORAD spokesman, Marine Corps Major Mike Snyder, claimed no fighters were scrambled anywhere until after the Pentagon was hit. (US Congress 9/13/2001; Johnson 9/15/2001) This story only changed on the evening of September 14, 2001, when CBS reported, “contrary to early reports, US Air Force jets did get into the air on Tuesday while the attacks were under way.” (CBS News 9/14/2001)
General Henry Shelton, the chairman of the Joint Chiefs of Staff, talks over the phone with General Richard Myers, the vice chairman of the Joint Chiefs of Staff, who is at the Pentagon, and is given information about the Pentagon attack and the military’s response to the terrorist attacks. Shelton took off at 7:15 a.m. to fly to Europe for a NATO conference (see 7:15 a.m. September 11, 2001). He learned of the attacks in New York while his plane was over the Atlantic Ocean, and has just been told of a “big explosion at the Pentagon” (see (8:50 a.m.-10:00 a.m.) September 11, 2001).
First Report Is of a Hand Grenade Going Off at Pentagon - Shelton heads to the communications console just behind the plane’s cockpit. From there, he talks over a secure, encrypted phone line with Myers, who is in the National Military Command Center (NMCC) at the Pentagon. Myers updates Shelton on what is known about the explosion at the Pentagon. He says the first report is that a hand grenade went off in the Pentagon parking lot.
Myers Updates Shelton on Military Response to Attacks - Myers then gives Shelton a complete status report. He says: “We’ve transitioned the SIEC [significant event conference] into an air threat conference call, which is in progress as we speak (see 9:29 a.m.-9:34 a.m. September 11, 2001 and 9:37 a.m.-9:39 a.m. September 11, 2001). FAA has requested that NORAD take over control of US airspace. Fighters have scrambled to escort Air Force One (see (After 9:56 a.m.) September 11, 2001) and we’re sending AWACS up to provide further monitoring (see Before 9:55 a.m. September 11, 2001). We’ve escalated to Threatcon Delta and are about to launch the NAOC [National Airborne Operations Center plane]. Bases around the world are locked tight, [Deputy Secretary of Defense Paul] Wolfowitz has been relocated to Site R (see (11:00 a.m.) September 11, 2001), plus, [Deputy National Security Adviser Stephen] Hadley has requested we implement full ‘Continuity of Government measures’ (see 9:59 a.m. September 11, 2001), and we are proceeding along those lines.”
Myers Says Plane Hit the Pentagon - Myers is then interrupted by some commotion in the background. When he returns to the line, he tells Shelton, “Okay, we just got the word: the prior report was incorrect; it was not a hand grenade that exploded, it was another commercial airline that struck the Pentagon.” He then continues with his status report, saying, “[P]er the president, we’ve gone weapons free in the event of a hijacked aircraft or one that threatens the White House.” (Giesemann 2008, pp. 20, 22-24; Shelton, Levinson, and McConnell 2010, pp. 430-433)
Shelton Wants to Return to Washington - Myers will tell the 9/11 Commission that after he arrives at the NMCC—presumably referring to the time of this phone call—he “recommended General Shelton return to Washington, DC.” (9/11 Commission 6/17/2004 ) But Shelton will recall that he tells Myers, “I need you to call Ed Eberhart [General Ralph Eberhart, the commander of NORAD] at NORAD and let him know that we’re coming back [to Washington] on Speckled Trout [the nickname of the plane he is on], and tell him that I would consider it a personal favor if he would see to it that the chairman and his crew are not shot down on their way back to Andrews.” Myers confirms, “Will do.” According to Shelton, his plane is called back 10 minutes later “with confirmation that we had been officially cleared to fly through the shutdown airspace.” (Shelton, Levinson, and McConnell 2010, pp. 433) But according to Captain Rob Pedersen, the flight navigator on Shelton’s plane, it is several hours before the plane is cleared to enter the US airspace (see (After 9:45 a.m.) September 11, 2001). (McCullough 9/2011 ) The plane will therefore only land at Andrews Air Force Base, near Washington, at 4:40 p.m. (see 4:40 p.m. September 11, 2001) and Shelton will only arrive at the NMCC an hour after that (see 5:40 p.m. September 11, 2001). (Federal Aviation Administration 9/11/2001 ; Myers 2009, pp. 159) The exact time of the call between Shelton and Myers is unclear, though it would be at some time after about 10:00 a.m., when Myers arrives at the NMCC (see (Between 9:55 a.m. and 10:25 a.m.) September 11, 2001). (9/11 Commission 2/17/2004 ; 9/11 Commission 7/24/2004, pp. 38)
Counterterrorism “tsar” Richard Clarke is told by White House Situation Room Deputy Director Ralph Seigler, “Secret Service reports a hostile aircraft ten minutes out.” Two minutes later, he is given an update: “Hostile aircraft eight minutes out.” In actual fact, when Flight 93 crashed at 10:06 a.m., it was still about 15 minutes away from Washington. Clarke is also told that there are 3,900 aircraft still in the air over the continental US (which is roughly accurate); four of those aircraft are believed to be piloted by terrorists (which is inaccurate by this time). Joint Chiefs of Staff Vice Chairman Richard Myers then reports: “We have three F-16s from Langley over the Pentagon. Andrews is launching fighters from the DC Air National Guard. We have fighters aloft from the Michigan Air National Guard, moving east toward a potential hostile over Pennsylvania. Six fighters from Tyndall and Ellington are en route to rendezvous with Air Force One over Florida. They will escort it to Barksdale.” (North American Aerospace Defense Command 9/18/2001; Clarke 2004, pp. 8-9) However, fighters do not meet up with Air Force One until about an hour later (see (11:29 a.m.) September 11, 2001). Franklin Miller, a senior national security official who is working alongside Clarke on 9/11, and another official who is also in the Situation Room, will later fail to recall hearing any warning that a plane could be only minutes away. (Sanger 3/30/2004) The time of this incident is unstated, but the Michigan fighters are not diverted until after 10:06 a.m. (see (After 10:06 a.m.) September 11, 2001). If it takes place after 10:06 a.m., this would parallel similar warnings about Flight 93 after it has already crashed provided to Vice President Dick Cheney elsewhere in the White House (see (Between 10:10 a.m. and 10:15 a.m.) September 11, 2001).
US military installations are placed on the highest state of alert, known as Force Protection Condition Delta (FPCON Delta), in response to the terrorist attacks in New York and at the Pentagon. The raised threat level applies to every US military installation across the country and around the world, and every member of the US armed forces. (Associated Press 9/11/2001; US Department of Defense 9/11/2001; Shanker and Schmitt 9/12/2001) Measures that are taken once FPCON Delta has been declared include placing more guards on duty at installations, having all vehicles on installations identified, and having all personnel positively identified. Additionally, all suitcases, briefcases, and packages brought into an installation must be searched. (Suellentrop 9/12/2001)
Rumsfeld and Myers Decide to Raise FPCON - The decision to raise the force protection condition is apparently made by Secretary of Defense Donald Rumsfeld and/or acting Chairman of the Joint Chiefs of Staff Richard Myers. Rumsfeld will tell the 9/11 Commission that after he arrives at the Pentagon’s National Military Command Center (NMCC) (see (10:30 a.m.) September 11, 2001), he and Myers “discussed, and I recommended… increasing the force protection level.” (9/11 Commission 3/23/2004) Myers will later write that after he arrives at the NMCC (see (Between 9:55 a.m. and 10:25 a.m.) September 11, 2001), he “recommended that all American military commands and units worldwide go to [FPCON] Delta.” He will add: “Terrorists had staged major attacks in New York and Washington. Although we did not yet have reliable intelligence on when and where they would strike next, it seemed likely that they would.” (Myers 2009, pp. 153) But White House counterterrorism chief Richard Clarke will write that he gave the instruction to raise the force protection condition, at around 9:30 a.m. (see (9:29 a.m.) September 11, 2001). (Clarke 2004, pp. 5-6)
Conflicting Times Given for Raising of FPCON - The exact time at which the force protection condition is raised is unclear. CNN’s Barbara Starr will report that “all US military forces [are] ordered to Condition Delta” at 10:10 a.m. (CNN 9/4/2002) However, other evidence indicates the force protection condition is raised at a later time, around 10:35 a.m. Rumsfeld only enters the NMCC at about 10:30 a.m., indicating it is raised after that time. (9/11 Commission 7/24/2004, pp. 43-44) And at 10:38 a.m., after Vice President Dick Cheney asks him on the air threat conference call if US forces are on “heightened alert,” Rumsfeld will reply, “Yes,” and say they are at FPCON Delta. (US Department of Defense 9/11/2001 )
Some Areas Already at FPCON Delta - Although the entire US military is now under the same FPCON level, usually, different locations can have different FPCON levels. (Suellentrop 9/12/2001) US forces in some parts of the world, particularly the Middle East and the Persian Gulf region, are in fact already at FPCON Delta. (Shanker and Schmitt 9/12/2001) (The force protection condition was raised in those areas in late June, after intelligence reports suggested that terrorists might attack American military or civilian targets in the region (see June 21, 2001). (Richter 6/23/2001; National Public Radio 5/23/2002; 9/11 Commission 7/24/2004, pp. 257) ) Shortly after the force protection condition is raised, Rumsfeld will order that the defense readiness condition also be raised (see (10:43 a.m.-10:52 a.m.) September 11, 2001). (US Department of Defense 9/11/2001 ; 9/11 Commission 7/24/2004, pp. 326, 554)
Five Possible Force Protection Conditions - The force protection condition is a “chairman of the Joint Chiefs of Staff-approved standard for identification of, and recommended responses to, terrorist threats against US personnel and facilities,” according to the Department of Defense. (US Department of Defense 11/8/2011 ) It was created in June 2001 and replaced the “terrorist threat condition,” or “Threatcon.” (Arkin 1/22/2002) There are five possible force protection conditions. The lowest, FPCON Normal, means no threat of terrorist activity is present. The other conditions are Alpha, Bravo, Charlie, up to the highest, FPCON Delta, which means a terrorist attack has occurred or intelligence has been received indicating that action against a specific location is likely. (Associated Press 9/11/2001; Suellentrop 9/12/2001)
A representative of the FAA finally joins an emergency teleconference being conducted by the National Military Command Center (NMCC) at the Pentagon, after NMCC personnel have repeatedly been unable to connect the FAA to the conference. In response to the terrorist attacks, the NMCC began a “significant event conference” at 9:29 a.m., to gather and disseminate information from government agencies (see 9:29 a.m.-9:34 a.m. September 11, 2001), and eight minutes later upgraded this to an “air threat conference” (see 9:37 a.m.-9:39 a.m. September 11, 2001). However, according to the 9/11 Commission Report, because of “equipment problems and difficulty finding secure phone numbers,” operators at the NMCC have been unable to connect the FAA to the conference (see (9:29 a.m.-12:00 p.m.) September 11, 2001). (9/11 Commission 7/21/2003 ; 9/11 Commission 7/24/2004, pp. 37)
FAA Representative Has 'No Situational Awareness' - The air threat conference is now joined by FAA employee Rayford Brooks. (9/11 Commission 7/24/2004, pp. 463) Brooks is on duty in the Central Altitude Reservation Function (CARF) at the FAA’s Command Center in Herndon, Virginia. This office is responsible for processing and separating altitude reservations, and coordinates military requests for priority airspace activity with FAA facilities and international agencies. (9/11 Commission 4/5/2004; 9/11 Commission 4/15/2004) However, Brooks has “no familiarity with or responsibility for hijackings, no access to decisionmakers, and none of the information available to senior FAA officials,” according to the 9/11 Commission Report. (9/11 Commission 7/24/2004, pp. 37) Brooks will later recall having had “no situational awareness” of the current crisis. He only arrived at the Command Center at around 9:30 a.m. and had not been listening to the radio while driving to work. Those on the Command Center floor have not given him any instructions regarding the NMCC conference or other operational matters.
Brooks on Conference instead of Military Cell Officer - Brooks will tell the 9/11 Commission that the Air Traffic Services Cell (ATSC)—a small office located next to the CARF at the Command Center, manned by military reservists (see (Between 9:04 a.m. and 9:25 a.m.) September 11, 2001)—has asked the CARF to monitor the NMCC’s air threat conference on its behalf for three or four hours, because the ATSC does not have a working STU-III secure phone. (9/11 Commission 4/15/2004) (A chronology of the ATSC’s actions on this day will state that the keys for the ATSC’s secure phones are recalibrated at some point, and these phones then “worked fine.” (US Air Force 9/11/2001) )
NORAD and FAA Leaders out of Contact - Three times before 10:03 a.m., when the last hijacked plane reportedly crashed (see (10:03 a.m.-10:10 a.m.) September 11, 2001), NORAD asked for confirmation of the FAA’s presence on the NMCC’s conference, so the FAA could provide an update on the hijackings, but the FAA had not been connected at those times. As a result of the FAA’s absence from the conference, the leaders of NORAD and the FAA have effectively been out of contact with each other. (9/11 Commission 6/17/2004; 9/11 Commission 7/24/2004, pp. 37-38)
FAA's Absence Caused Confusion over Identities of Hijacked Planes - General Richard Myers, the acting chairman of the Joint Chiefs of Staff, will later write that the lack of communication between the NMCC and the FAA has contributed to confusion at the NMCC over the flight numbers of the aircraft that were hijacked. However, according to Myers, the NMCC could not contact the FAA over ordinary phone lines because “[t]errorists who could hijack aircraft so readily could probably also eavesdrop on unsecured phone lines.” (Myers 2009, pp. 153)
After he finally arrives at the National Military Command Center in the Pentagon (see (10:30 a.m.) September 11, 2001), Donald Rumsfeld’s primary concern, according to the 9/11 Commission, is “ensuring that the [military fighter] pilots [have] a clear understanding of their rules of engagement.” (9/11 Commission 7/24/2004, pp. 44) Rumsfeld later recalls, “It was clear they needed rules of engagement telling them what they should and should not do. They needed clarity. And there were no rules of engagement on the books for this first-time situation where civilian aircraft were seized and were being used as missiles.” By this time, the president has supposedly already given authorization for the military to shoot down hijacked aircraft (see (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001), and Dick Cheney informs Rumsfeld of this over the air threat conference at 10:39 (see 10:39 a.m. September 11, 2001). Rumsfeld says that, “Throughout the course of the day,” along with acting Joint Chiefs of Staff Chairman Richard Myers, he “returned to further refine those rules.” (9/11 Commission 3/23/2004) As journalist Andrew Cockburn will later remark though, Rumsfeld’s work on the rules of engagement “was an irrelevant exercise for he did not complete and issue them until 1:00 p.m., hours after the last hijacker had died.” (9/11 Commission 7/24/2004, pp. 465; Cockburn 2007, pp. 7)
The US military’s defense readiness condition is raised from Defcon 5, the lowest possible level, to Defcon 3, an intermediate level that requires a heightened alert status for US armed forces worldwide, and which is the highest the defense readiness condition has been for 28 years. (Giambastiani 7/18/2002; 9/11 Commission 7/24/2004, pp. 326, 554; Goldberg et al. 2007, pp. 131; Rumsfeld 2011, pp. 338)
Rumsfeld Recommends Raising Defcon - The decision to go to Defcon 3 is reportedly made by Secretary of Defense Donald Rumsfeld. (Rumsfeld 8/12/2002) Rumsfeld will later recall that after he arrives at the Pentagon’s National Military Command Center (NMCC) (see (10:30 a.m.) September 11, 2001), he talks with General Richard Myers, the vice chairman of the Joint Chiefs of Staff, and “[w]e discussed and I recommended raising the defense condition level from five to three.” (9/11 Commission 3/23/2004)
Teleconference Participants Told to 'Hold Off' on Defcon 3 - Rumsfeld directs that the US military go to Defcon 3. At 10:43 a.m., it is announced on the air threat conference call that the secretary of defense “has directed that we go to Defcon 3 and be prepared to go to [Defcon] 2.” However, a minute later, Rumsfeld talks to Vice President Dick Cheney on the conference call, and Cheney says he will have to run the decision to go to Defcon 3 by the president, “and let him make the call.” Therefore, at 10:45 a.m., those on the conference call are told to “hold off on Defcon 3.”
Order to Raise Defcon Reinstated - But Rumsfeld believes raising the defense readiness condition is urgent. (US Department of Defense 9/11/2001 ; 9/11 Commission 7/24/2004, pp. 326, 554) There is therefore a “historical discussion about how the move to Defcon 3 went during previous crises, Cuba specifically [i.e. the Cuban missile crisis in 1962],” Captain Charles Leidig, who is also in the NMCC, will later recall. With their reference being “a book on the shelf,” according to Leidig, Myers is shown that he has “approval authority to go to Defcon 3.” (9/11 Commission 4/29/2004 ) After consulting Defense Department directives, Rumsfeld concludes that he has the authority to issue the order to raise the defense readiness condition. (9/11 Commission 7/24/2004, pp. 554) Therefore, at 10:46 a.m., those on the air threat conference call are told: “Override last instructions. The vice chairman [i.e. Myers] is directing we go to Defcon 3.” A few minutes later, an announcement is made on the conference call, “Emergency action message released at 14:52 [Zulu time, i.e. 10:52 a.m. Eastern time], re: Defcon 3.” (US Department of Defense 9/11/2001 ; 9/11 Commission 2004)
Raising Defcon Is a 'Huge Move' - Rumsfeld will later agree with an interviewer that raising the defense readiness condition is “a very serious step for the nation.” (Rumsfeld 8/12/2002) It was last raised to Defcon 3 during the 1973 Arab-Israeli war, when Rumsfeld had been the United States ambassador to NATO. Regarding the decision to raise it, Myers tells Rumsfeld, “It’s a huge move, but it’s appropriate.” (Rumsfeld 1/9/2002; Paltrow 3/22/2004 ; Rumsfeld 2011, pp. 338)
President Later Told of Decision - The decision to go to Defcon 3 will soon be communicated within NORAD (see 11:03 a.m.-11:12 a.m. September11, 2001). (9/11 Commission 6/17/2003; 9/11 Commission 2004; 9/11 Commission 2/3/2004 ) Rumsfeld will brief President Bush on the decision (see (11:15 a.m.) September 11, 2001). (9/11 Commission 7/24/2004, pp. 554; Bush 2010, pp. 133) Apparently around the time the defense readiness condition is raised, Rumsfeld and/or Myers also decide to raise the force protection condition of US military installations (see (Between 10:10 a.m. and 10:35 a.m.) September 11, 2001). (US Department of Defense 9/11/2001 ; 9/11 Commission 3/23/2004; Myers 2009, pp. 153)
Defcon 3 Intended for Cold War - Some individuals will later be critical of the decision to raise the defense readiness condition at this time. John Farmer, the senior counsel to the 9/11 Commission, will write that Defcon 3 is in fact “a Cold War-era designation, devised to respond to a nuclear threat.” (Farmer 2009, pp. 235) According to Farmer and other 9/11 Commission staffers, it is “suited more to a Cold War conflict than to al-Qaeda’s attack.” (et al. 9/7/2011 ) General Ralph Eberhart, the commander of NORAD, will similarly say that Defcon 3 is “not intended for [events like] the attacks of 9/11 and thus could have complicated the response to the attacks.” He will say he does not think that raising the condition would have “done anything for us” within the continental United States. (9/11 Commission 3/1/2004 )
Defcons Are Phased Increases in Combat Readiness - The defense readiness condition is a “uniform system of progressive alert postures for use between the chairman of the Joint Chiefs of Staff and the commanders of unified and specified commands, and for use by the [armed] services,” according to the Department of Defense. (US Department of Defense 11/8/2011 ) Defcons are phased increases in combat readiness and are graduated to match situations of varying military severity. They are numbered, from Defcon 5, which means “normal peacetime readiness,” down to Defcon 1, which means “maximum force readiness.” The current level, Defcon 3, represents an “increase in force readiness above normal readiness.” (Federation of American Scientists 4/29/1998) The defense readiness condition will remain at Defcon 3 until three days later, when it will be reduced one notch, to Defcon 4 (see September 14, 2001). (Balz and Woodward 1/30/2002)
The director of the Defense Intelligence Agency informs military leaders in the National Military Command Center (NMCC) at the Pentagon that al-Qaeda is responsible for the morning’s attacks. General Richard Myers, the vice chairman of the Joint Chiefs of Staff, will later describe: “At noon, Vice Admiral Tom Wilson, director of the Defense Intelligence Agency, confirmed what everybody at the conference table had already surmised: The attacks had undoubtedly come from al-Qaeda.” (Myers 2009, pp. 156) Later in the day, Wilson will inform General Henry Shelton, the chairman of the Joint Chiefs of Staff, of a single piece of intelligence that had suggested a terrorist attack may have been imminent (see 5:40 p.m. September 11, 2001). (Myers 2009, pp. 159)
General Henry Shelton, the chairman of the Joint Chiefs of Staff, finally arrives at the National Military Command Center (NMCC) at the Pentagon after returning to the US when his flight to Europe was aborted.
Vice Chairman Updates Shelton - After Shelton enters the NMCC, General Richard Myers, the vice chairman of the Joint Chiefs of Staff, briefs him. Myers says that Air National Guard and regular Air Force combat air patrols are flying above major US cities under AWACS control, the entire US military is on Threatcon level Delta, and the Joint Forces Command is sending headquarters units to New York and Washington, DC.
Intelligence Director Says Only One 'Hint' Indicated Possible Attack - Shelton then turns to Vice Admiral Tom Wilson, the director of the Defense Intelligence Agency, and Rear Admiral Lowell Jacoby, the director of intelligence for the Joint Staff, and asks them, “Have we had any intel ‘squeaks’ on an attack like this—anything at all?” Wilson replies: “The only possible hint of this coming was several months ago when we got a single intercept requesting jumbo jet training. Since then, there’s been nothing.” Myers will later comment that Wilson is “referring to the vast electronic signals data-mining operations of our intelligence community that targeted known terrorist networks, such as al-Qaeda and their allies.” (Myers 2009, pp. 159)
Shelton Flying to Europe at Time of Attacks - Shelton was flying across the Atlantic Ocean to Hungary for a NATO conference when he learned of the terrorist attacks in the US, and had ordered that his plane return to Washington (see (8:50 a.m.-10:00 a.m.) September 11, 2001). However, the plane was repeatedly denied permission to enter US airspace (see (After 9:45 a.m.) September 11, 2001) and only landed at Andrews Air Force Base, just outside Washington, at 4:40 p.m. (see 4:40 p.m. September 11, 2001). From there, three patrol cars and about a dozen motorcycle cops escorted the chairman and his accompanying staff members as they were driven to the Pentagon. Once at the Pentagon, Shelton initially went to his office and then visited the site of the attack, to see the wreckage there. After returning to the building, he headed to the NMCC. (Federal Aviation Administration 9/11/2001 ; Giesemann 2008, pp. 22-32; Shelton, Levinson, and McConnell 2010, pp. 430-436; McCullough 9/2011 )
Chairman in Office for Much of Evening - Shelton will spend much of the evening in his office with staff, preparing for meetings of the National Security Council later this evening and the following day (see (9:00 p.m.-10:00 p.m.) September 11, 2001 and September 12, 2001). At 6:42 p.m., he will join Secretary of Defense Donald Rumsfeld and Senators Carl Levin (D-MI) and John Warner (R-VA) to give a news briefing (see 6:42 p.m. September 11, 2001), and at around 9:00 p.m. he will head to the White House for the National Security Council meeting there. (CNN 9/12/2001; Priest 2003, pp. 37; Shelton, Levinson, and McConnell 2010, pp. 436)
Air Force General Richard Myers is questioned about the US military’s response to the 9/11 attacks when he appears before the Senate Armed Services Committee for his confirmation hearing as chairman of the Joint Chiefs of Staff, but his answers are vague and confused, and he claims, incorrectly, that no fighter jets were scrambled in response to the hijackings until after the Pentagon was hit. (Shenon 2008, pp. 119; Farmer 2009, pp. 241-243) Myers has been the vice chairman of the Joint Chiefs of Staff since March 2000. (US Air Force 9/2005) With General Henry Shelton, the chairman of the Joint Chiefs of Staff, flying toward Europe on the morning of September 11 (see (8:50 a.m.-10:00 a.m.) September 11, 2001), he served as the acting chairman of the Joint Chiefs of Staff during the 9/11 attacks. (Myers 2009, pp. 10; Shelton, Levinson, and McConnell 2010, pp. 431-433)
Myers Says Fighters Were Only Scrambled after the Pentagon Attack - During the hearing, Senator Carl Levin (D-MI) asks if the Department of Defense was contacted by “the FAA or the FBI or any other agency” after the first two hijacked aircraft crashed into the World Trade Center, at 8:46 a.m. and 9:03 a.m. (see 8:46 a.m. September 11, 2001 and 9:03 a.m. September 11, 2001), but before 9:37 a.m., when the Pentagon was hit (see 9:37 a.m. September 11, 2001). Myers replies, “I don’t know the answer to that question.” Levin then asks if the military was “asked to take action against any specific aircraft” during the attacks. Myers answers, “When it became clear what the threat was, we did scramble fighter aircraft, AWACS, radar aircraft, and tanker aircraft to begin to establish orbits in case other aircraft showed up in the FAA system that were hijacked.” Myers elaborates later in the hearing, telling Senator Bill Nelson (D-FL): “[A]fter the second tower was hit, I spoke to the commander of NORAD, General [Ralph] Eberhart (see (9:37 a.m.) September 11, 2001). And at that point, I think the decision was at that point to start launching aircraft.” But he tells Levin that “to the best of my knowledge,” the order to scramble fighters was only given “after the Pentagon was struck.”
Flight 93 Was Not Shot Down, Myers Says - Myers addresses the military’s response to Flight 93, the fourth hijacked plane, which crashed in a field in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). He says: “[I]f my memory serves me… we had launched on the one that eventually crashed in Pennsylvania. I mean, we had gotten somebody close to it, as I recall.” However, he adds, “I’ll have to check that out.” When Levin mentions that there have been “statements that the aircraft that crashed in Pennsylvania was shot down,” Myers responds, “[T]he armed forces did not shoot down any aircraft.” He says, “[W]e never actually had to use force.” Although Myers appears unclear about when the North American Aerospace Defense Command (NORAD) launched fighters in response to the hijackings, he is more confident when he states: “At the time of the first impact on the World Trade Center, we stood up our Crisis Action Team. That was done immediately. So we stood it up. And we started talking to the federal agencies.” (US Congress 9/13/2001)
NORAD and the 9/11 Commission Contradict Myers's Account - Myers’s claim that fighters were only launched in response to the hijackings after the Pentagon was hit will later be contradicted by the accounts of NORAD and the 9/11 Commission, which state that fighters were ordered to take off from Otis Air National Guard Base in Cape Cod, Massachusetts, at 8:46 a.m. (see 8:46 a.m. September 11, 2001) and from Langley Air Force Base in Virginia at 9:24 a.m. (see 9:24 a.m. September 11, 2001). (North American Aerospace Defense Command 9/18/2001; 9/11 Commission 7/24/2004, pp. 20, 27) The 9/11 Commission will also contradict Myers’s claim that the military launched fighters in response to Flight 93 and “had gotten somebody close to it.” “By the time the military learned about the flight,” the 9/11 Commission Report will state, “it had crashed.” (9/11 Commission 7/24/2004, pp. 34)
Myers's Testimony Prompts Criticism in the Media - Journalist and author Philip Shenon will question why Myers, a veteran Air Force fighter pilot, would give such an inaccurate account of the military’s response to the 9/11 attacks during the hearing. “It seemed obvious that Myers, of all people at the Pentagon, would want to know—would demand to know—how jet fighters under NORAD’s control had responded on the morning of September 11 to the threat in the skies,” he will write. (US Congress 9/13/2001; Shenon 2008, pp. 119) John Farmer, the senior counsel to the 9/11 Commission, will comment that “Myers’s evident confusion about precisely what had occurred prompted criticism in the media and a quick, if contradictory, response from the administration.” (Farmer 2009, pp. 243) Major General Paul Weaver, director of the Air National Guard, will provide a more detailed account of the military’s response to the hijackings in an “impromptu hallway interview” at the Pentagon on September 14 (see September 14, 2001). (Whittle 9/14/2001) And four days later, NORAD will release a timeline of its response to the hijackings (see September 18, 2001). (North American Aerospace Defense Command 9/18/2001)
Officials deny that Flight 93 was shot down, but propose the theory that the hijackers had a bomb on board and blew up the plane. (Gazarik and Acton 9/14/2001) Later in the month, it is reported that the “FBI has determined from the on site investigation that no explosive was involved.” (Gullo 9/25/2001)
CBS News announces that “contrary to early reports, US Air Force jets did get into the air on Tuesday while the attacks were under way.” According to this new account, the first fighters got airborne toward New York City at 8:52 a.m. (CBS News 9/14/2001) The day before this announcement, acting Chairman of the Joint Chiefs of Staff Richard Myers in Congressional testimony stated that the first fighters got airborne only after the Pentagon was hit at 9:37 a.m. (see September 13, 2001). (US Congress 9/13/2001) NORAD spokesman Marine Corps Major Mike Snyder also claimed no fighters launched anywhere until after the Pentagon was hit. (Johnson 9/15/2001) Four days later, the official NORAD timeline is changed to include this new account. (North American Aerospace Defense Command 9/18/2001) New York City Mayor Rudolph Giuliani later testifies before the 9/11 Commission that he found out from the White House at about 9:58 a.m. that the first fighters were not launched toward New York City until twelve minutes earlier—9:46 a.m. (9/11 Commission 5/19/2004) This would correspond to Myers’ and Snyder’s accounts that no fighters are scrambled until after the Pentagon is hit. But the 9/11 Commission later agrees with this CBS report and by their account the first fighters launch around 8:52. (9/11 Commission 6/17/2004)
On September 15, 2001, President Bush says of bin Laden: “If he thinks he can hide and run from the United States and our allies, he will be sorely mistaken.” (Gerstenzang and Miller 9/16/2001) Two days later, he says, “I want justice. And there’s an old poster out West, I recall, that says, ‘Wanted: Dead or Alive.’” (ABC News 9/17/2001) On December 28, 2001, even as the US was declaring victory in Afghanistan, Bush says, “Our objective is more than bin Laden.” (Associated Press 8/21/2002) Bush’s January 2002 State of the Union speech describes Iraq as part of an “axis of evil” and fails to mention bin Laden at all. On March 8, 2002, Bush still vows: “We’re going to find him.” (Washington Post 10/1/2002) Yet, only a few days later on March 13, Bush says, “He’s a person who’s now been marginalized.… I just don’t spend that much time on him.… I truly am not that concerned about him.” Instead, Bush is “deeply concerned about Iraq.” (US President 3/18/2002) The rhetoric shift is complete when Joint Chiefs of Staff Chairman Richard Myers states on April 6, “The goal has never been to get bin Laden.” (Myers 4/6/2002) In October 2002, the Washington Post notes that since March 2002, Bush has avoided mentioning bin Laden’s name, even when asked about him directly. Bush sometimes uses questions about bin Laden to talk about Saddam Hussein instead. In late 2001, nearly two-thirds of Americans say the war on terrorism could not be called a success without bin Laden’s death or capture. That number falls to 44 percent in a March 2002 poll, and the question has since been dropped. (Washington Post 10/1/2002) Charles Heyman, editor of Jane’s World Armies, later points out: “There appears to be a real disconnect” between the US military’s conquest of Afghanistan and “the earlier rhetoric of President Bush, which had focused on getting bin Laden.” (Smucker 3/4/2002)
The Washington Post reports in late 2004 that, shortly after Richard Myers officially becomes Joint Chiefs of Staff Chairman on October 1, 2001, he raises doubts about the military plan to topple the Taliban in Afghanistan. General Tommy Franks, the chief of US Central Command, plans a single thrust towards the capital, Kabul, from the north. Myers urges Franks to open a southern front. A brigade of the Army’s 10th Mountain Division in Uzbekistan and two Marine Expeditionary Forces in the Arabian Sea are prepared and in position for the role. However, Franks does not position a blocking force to meet any retreating forces. The Washington Post reports, “Some Bush administration officials now acknowledge privately they consider that a costly mistake.” Franks later claims that it would have taken too much time to put a force into position and would have antagonized the country’s Pashtun majority. Most of al-Qaeda and the Taliban’s leaders are eventually able to escape the country. “A high-ranking war planner [later] likened the result to throwing a rock at a nest of bees, then trying to chase them down, one by one, with a net.” (Gellman 10/22/2004)
Gen. Richard Myers, acting Joint Chiefs of Staff Chairman on 9/11, says of 9/11, “You hate to admit it, but we hadn’t thought about this.” He was promoted from Vice-Chairman to Chairman three days after 9/11. (Rhem 10/23/2001)
Defense Secretary Donald Rumsfeld authorizes the creation of a “special-access program,” or SAP, with “blanket advance approval to kill or capture and, if possible, interrogate ‘high value’ targets in the Bush administration’s war on terror.” The operation, known as “Copper Green,” is approved by Condoleezza Rice and known to President Bush. A SAP is an ultra secret project, the contents of which are known by very few officials. “We’re not going to read more people than necessary into our heart of darkness,” a former senior intelligence official tells investigative reporter Seymour Hersh. The SAP is brought up occasionally within the National Security Council (NSC), chaired by the president and members of which are Rumsfeld, Cheney, and Powell. The former intelligence official tells Hersh, “There was a periodic briefing to the National Security Council giving updates on results, but not on the methods.” He also says he believes NSC members know about the process by which these results are acquired. This official claims that fewer than two hundred operatives and officials, including Rumsfeld and Joint Chiefs of Staff Chairman Gen. Richard Myers were “completely read into the program.” Under-Secretary of Defense for Intelligence Stephen Cambone is generally in charge of running such operations. Motive for the SAP comes from an initial freeze in the results obtained by US agents from their hunt for al-Qaeda. Friendly foreign intelligence services on the other hand, from countries in the Middle East and South-East Asia, which employ more aggressive tactics on prisoners, are giving up much better information by the end of 2001. By authorizing the SAP, Rumsfeld, according to Hersh, desires to adopt these tactics and thus increase intelligence results. “Rumsfeld’s goal was to get a capability in place to take on a high-value target—a stand-up group to hit quickly,” the former intelligence official tells Hersh. The program’s operatives were recruited from among Delta Force, Navy Seals, and CIA’s paramilitary experts. They are permitted to carry out “instant interrogations—using force if necessary—at secret CIA detention centers scattered around the world.” Information obtained through the program is sent to the Pentagon in real-time. The former intelligence official tells Hersh: “The rules are ‘Grab whom you must. Do what you want.’” The operation, according to Seymour Hersh, “encouraged physical coercion and sexual humiliation.” (Hersh 5/24/2004; Hersh 9/13/2004) Both the Defense Department and CIA deny the existence of Copper Green. One Pentagon spokesman says of Hersh’s article about it, “This is the most hysterical piece of journalist malpractice I have ever observed.” (CNN 5/17/2004)
Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. (Dawn (Karachi) 12/28/2001) Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. (GlobalSecurity (.org) 1/15/2005) The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” (Dawn (Karachi) 12/28/2001) Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” (Savage 2007, pp. 145)
The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. (Reuters 1/11/2002) The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. (Goldenberg 1/11/2002; Savage 2007, pp. 142-143)
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. (Associated Press 11/9/2002)
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). (Knox 9/5/2002) It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. (Savage 2007, pp. 143-144)
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” (Reuters 1/11/2002) There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” (Golden and van Natal 6/21/2004)
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” (Norton-Taylor 6/13/2002)
Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. (Golden 10/24/2004)
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). (Gellman and Becker 6/24/2007)
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).
Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” (US Department of Defense 1/19/2002 ) The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. (Chairman of the Joint Chiefs of Staff 1/19/2002 )
White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. (US Department of Justice 1/25/2004 ; Barry, Hirsh, and Isikoff 5/24/2004) The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). (Savage 2007, pp. 146)
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. (Golden 10/24/2004) But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” (Barry, Hirsh, and Isikoff 5/24/2004) Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” (Lewis 5/21/2004; Barry, Hirsh, and Isikoff 5/24/2004)
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” (Gellman and Becker 6/24/2007)
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). (Barry, Hirsh, and Isikoff 5/24/2004)
Marine General Carlton W. Fulford Jr., deputy commander of the US European Command, arrives in Niger on a scheduled refueling stop. At the request of US Ambassador to Niger Barbro Owens-Kirkpatrick, Fulford joins the ambassador at a meeting with Niger’s President Mamadou Tandja and Foreign Minister Aichatou Mindaoudou. He explains the importance of keeping Niger’s ore deposits secure. At the meeting, President Tandja assures the ambassador and General Fulford that Niger is determined to keep its uranium “in safe hands.” (Priest and Milbank 7/15/2003; Belida 7/15/2003; Burrough et al. 5/2004, pp. 282; US Congress 7/7/2004) After the meeting, Fulford concludes that Niger’s uranium is securely under the control of a French consortium and that there is little risk that the material will end up in the wrong hands. These findings are passed on to General Joseph Ralston who provides them to General Richard B. Myers, chairman of the Joint Chiefs of Staff. (Priest and Milbank 7/15/2003; Belida 7/15/2003; Burrough et al. 5/2004, pp. 282) The Pentagon will later say that Defense Secretary Donald Rumsfeld was not informed about the trip or its conclusions. (Belida 7/15/2003)
After the existence of the Defense Department’s new Nuclear Posture Review (NPR) (see December 31, 2001) is leaked to the media, the chairman of the Joint Chiefs of Staff, Richard Myers, goes on CNN to claim that the document has little real meaning in an operational sense, but instead is just a policy document that outlines the general US deterrence strategies towards nations with weapons of mass destruction. Nuclear weapons are just one part of that strategy, Myers says. Myers says that the document merely preserves the president’s options “in case this country or our friends and allies were attacked with weapons of mass destruction, be they nuclear, biological, chemical, or for that matter high explosives.” He adds: “It’s been the policy of this country for a long time that the president would always reserve the right up to and including the use of nuclear weapons if that was appropriate. So that continues to be the policy.” (CNN 3/10/2002) Myers’ attempts to downplay the NPR are inaccurate, as it is a new operational policy that plans for pre-emptive nuclear strikes against countries attempting to create weapons of mass destruction, if the White House deems such strikes necessary. (Kristensen 11/5/2007)
Joint Chiefs of Staff Chairman Richard Myers states, “The goal has never been to get bin Laden.” He adds, “Obviously, that’s desirable,” but then he hints it won’t be desirable to do so soon, saying, “I just read a piece by some analysts that said you may not want to go after the top people in these organizations. You may have more effect by going after the middlemen, because they’re harder to replace. I don’t know if that’s true, or not, and clearly we would like to eventually get bin Laden.” (Myers 4/6/2002) In early 2005, the recently retired Executive Director of the CIA will explicitly state that it is better to let bin Laden remain free (see January 9, 2005).
General Tommy Franks, commander of US troops in Central Asia, says, “It does not surprise me that someone would say, ‘Oh gosh, the military is going to be in Afghanistan for a long, long time.’ Sure we will be.” He likens the situation to South Korea, where the US has stationed troops for over 50 years. A few days earlier, Joint Chiefs of Staff Chairman Richard Myers said the war on terrorism “could last years and years.” (CBS News 8/16/2002)
In May 2002, the commander of British forces in Afghanistan declared that the war in Afghanistan would be over within weeks (see May 8, 2002). The perception amongst many in the US is that the war is over. However, it appears that US leaders begin to believe the war is going to last longer and be more difficult than previously believed. On October 8, the US ambassador says, “The war is certainly not over. Military operations are continuing, especially in the eastern part of the country and they will continue until we win.” Most of the country is controlled by warlords who are now being supplied with weapons and money by the US government. (Blair and Harnden 10/8/2002) On November 8, 2002, Joint Chiefs of Staff Chairman Richard B. Myers says of Afghanistan, “I think in a sense we’ve lost a little momentum there, to be frank. They’ve made lots of adaptations to our tactics, and we’ve got to continue to think and try to out-think them and to be faster at it.” (Ricks and Loeb 11/8/2002) A few days after Myers’ remarks, Time magazine reports, “The fear of failure in Afghanistan has lately prompted some hard new thinking in both Washington and Kabul. General Myers’ candid remarks to the Brookings Institution suggests the Pentagon is trying to be more creative in its pursuit of stability in Afghanistan.” One strategy is to put more resources into reconstruction. (McGirk and Ware 11/11/2002)
Gen. James T. Hill, commander of the Southern Command, sends a memo to Chairman of the Joint Chiefs of Staff Richard Myers providing him information on the new interrogation techniques that have been requested for use at Guantanamo (see October 11, 2002). He says that new methods are needed because, “despite our best efforts, some detainees have tenaciously resisted our current interrogation methods.” He says he thinks Categories I and II techniques are “legal and humane.” He only questions the legality of category three techniques, recommending additional legal advice from lawyers at the Pentagon and the Justice Department. Hill writes: “I am particularly troubled by the use of implied or expressed threats of death of the detainee or his family. However, I desire to have as many options as possible at my disposal….” (US Department of Defense 10/25/2002 ) Hill later says, “We weren’t sure in the beginning what we had; we’re not sure today what we have. There are still people who do not talk to us. We could have the keys to the kingdom and not know it.” (Golden and van Natal 6/21/2004)
Shortly after the October 11, 2002, request by Guantanamo commander Major General Michael Dunlavey for approval of new, harsh interrogation techniques, and after Guantanamo legal counsel Diane Beaver submitted her analysis justifying the use of those techniques (see October 11, 2002), General James T. “Tom” Hill forwards everything to General Richard Myers, the chairman of the Joint Chiefs of Staff. Hill includes a letter that contains the sentence, “Our respective staffs, the Office of the Secretary of Defense, and Joint Task Force 170 [the Army unit in charge of interrogating Guantanamo detainees] have been trying to identify counter-resistant techniques that we can lawfully employ.” In the letter, Hill is clearly ambivalent about the use of severe interrogation methods. He wants the opinion of senior Pentagon lawyers, and requests that “Department of Justice lawyers review the third category [the most severe] of techniques.” But none of this happens. The Joint Chiefs should have subjected the request to a detailed legal review, including scrutiny by Myers’s own counsel, Jane Dalton, but instead, Pentagon general counsel William J. Haynes short-circuits the approval process. Navy General Counsel Alberto Mora recalls Dalton telling him: “Jim pulled this away. We never had a chance to complete the assessment.” Myers later recalls being troubled that the normal procedures had been circumvented. Looking at the “Haynes Memo,” Myers will point out, “You don’t see my initials on this.” He notes that he “discussed it,” but never signed off on it. “This was not the way this should have come about.” Myers will come to believe that there was “intrigue” going on “that I wasn’t aware of, and Jane wasn’t aware of, that was probably occurring between [William J.] Haynes, White House general counsel [Alberto Gonzales], and Justice.” Instead of going through the proper channels, the memo goes straight to Haynes, who merely signs off with a note that says, “Good to go.” (Sands 5/2008)
Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” (Human Rights Watch 8/19/2004) Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” (Sands 5/2008)
President Bush signs a classified presidential directive that defines the “Global Strike” program, formalized as Contingency Plan 8022, or CONPLAN-8022, as US policy. Global Strike implements nuclear weapons as part of a possible US preemptive strike against envisioned enemies. In the order, Bush defines Global Strike as “a capability to deliver rapid, extended range, precision kinetic (nuclear and conventional) and non-kinetic (elements of space and information operations) effects in support of theater and national objectives.” He orders that Global Strike be turned over to the US Strategic Command (STRATCOM), the entity in charge of deploying and using the nation’s nuclear arsenal, telling it to “be ready to strike at any moment’s notice in any dark corner of the world.” A month later, General Richard Myers, chairman of the Joint Chiefs of Staff, will tell the House Armed Services Committee, “With its Global Strike responsibilities, the Command will provide a core cadre to plan and execute nuclear, conventional, and information operations anywhere in the world.” (Scoblic 2008, pp. 179-180) The plan is not revealed until May 2005, when defense analyst William Arkin writes of the program for the Washington Post. (Arkin 5/15/2005) In 2008, author J. Peter Scoblic will write: “Global Strike represented the next—some might say the ultimate—manifestation of this principle [domination and isolationism], allowing for the possibility of purely unilateral military action. There was no need for allies and no need for nation building. Just as missile defense could protect us from having to engage the world, so Global Strike could allow the United States to dominate the world while standing utterly apart from it.” (Scoblic 2008, pp. 183)
US Secretary of Defense Donald Rumsfeld and General Richard Myers, chairman of the US Joint Chiefs of Staff, inform the House of Representatives Armed Services Committee that they intend to seek permission from George Bush to use calmative agents (see February 12, 2001-March 30, 2001) against Iraqi civilians, in cave systems or to take prisoners. (Brennan 2/6/2003; Carrell 2/16/2003) Rumsfeld calls the 1993 Chemical Weapons Convention (CWC) a “straightjacket” (Harris 3/27/2003; Monbiot 4/8/2003) and insists that “there are times when the use of non-lethal riot agents is perfectly appropriate.” (Brennan 2/6/2003; Knickerbocker 2/14/2003; Hay 3/12/2003; Monbiot 4/8/2003) Under the provisions of the CWC, military use of chemicals—including non-lethal gases like tear gas—is prohibited. The treaty only permits the use of non-lethal agents for law enforcement purposes. (Brennan 2/6/2003; Knickerbocker 2/14/2003)
US Special Forces working with local Kurdish forces overrun the small border region of Iraq controlled by the militant group Ansar al-Islam. This is where Secretary of State Colin Powell alleged militant leader Abu Musab al-Zarqawi had a ‘poison factory’ near the town of Khurmal where chemical weapons of mass destruction capable of killing thousands were made. Joint Chiefs of Staff Chairman Gen. Richard Myers says, “We think that’s probably where the ricin that was found in London probably came; at least the operatives and maybe some of the formulas came from this site.” Defense Secretary Donald Rumsfeld comments, “We’re not certain what we’ll find but we should know more in the next three days - three or four days.” (Rose 3/31/2003) In a 2007 book, CIA Director George Tenet will claim, “Shortly after the invasion of Iraq, al-Zarqawi’s camp in Khurmal was bombed by the US military. We obtained reliable human intelligence reporting and forensic samples confirming that poisons and toxins had been produced at the camp.” (Tenet 2007, pp. 277-278) He will further claim that the camp “engaged in production and training in the use of low-level poisons such as cyanide. We had intelligence telling us that al-Zarqawi’s men had tested these poisons on animals and, in at least one case, on one of their own associates. They laughed about how well it worked.” (Tenet 2007, pp. 350) But Tenet’s claims seem wildly overblown compared to other subsequent news reports about what was found at the camp. In late April 2003, the Los Angeles Times will report that, “Documents obtained by the Los Angeles Times, along with interviews with US and Kurdish intelligence operatives, indicate [Ansar al-Islam] was partly funded and armed from abroad; was experimenting with chemicals, including toxic agents and a cyanide-based body lotion; and had international aspirations. But the documents, statements by imprisoned Ansar guerrillas, and visits to the group’s strongholds before and after the war produced no strong evidence of connections to Baghdad and indicated that Ansar was not a sophisticated terrorist organization. The group was a dedicated, but fledgling, al-Qaeda surrogate lacking the capability to muster a serious threat beyond its mountain borders.” A crude chemical laboratory is found in the village of Sargat, but no evidence of any sophisticated equipment is found. “Tests have revealed the presence of hydrogen cyanide and potassium cyanide, poisons normally used to kill rodents and other pests. The group, according to Kurdish officials, had been experimenting on animals with a cyanide-laced cream. Several jars of peach body lotion lay at the site beside chemicals and a few empty wooden birdcages.” While a lot of documentation is found showing intention to create chemical weapons, the actual capability appears to have been quite low. (Fleishman 4/27/2003) As the Christian Science Monitor will later conclude, the “‘poison factory’ proved primitive; nothing but substances commonly used to kill rodents were found there.” (Peterson 10/16/2003) Journalist Jason Burke will also later comment, “As one of the first journalists to enter the [al-Qaeda] research facilities at the Darunta camp in eastern Afghanistan in 2001, I was struck by how crude they were. The Ansar al-Islam terrorist group’s alleged chemical weapons factory in northern Iraq, which I inspected the day after its capture in 2003, was even more rudimentary.” (Burke 5/2004)
In a press briefing, Defense Secretary Donald Rumsfeld dismisses the wave of looting and vandalism throughout much of Iraq (see April 9, 2003 and After April 9, 2003) with the comment, “Stuff happens.” The looting is “part of the price” for freedom and democracy, he says, and blames “pent-up feelings” from years of oppression under the rule of Saddam Hussein. He goes on to note that the looting is not as bad as some television and newspaper reports are trying to make it out to be (see Late April-Early May, 2003 and May 20, 2003). “Freedom’s untidy, and free people are free to make mistakes and commit crimes and do bad things,” he tells reporters. “They’re also free to live their lives and do wonderful things. And that’s what’s going to happen here.” General Richard Myers, chairman of the Joint Chiefs of Staff, who is with Rumsfeld at the press briefing, agrees. “This is a transition period between war and what we hope will be a much more peaceful time,” he says. CNN describes Rumsfeld as “irritated by questions about the looting.” Rumsfeld says that the images of Iraqi citizens ransacking buildings gives “a fundamental misunderstanding” of what is happening in Iraq. “Very often the pictures are pictures of people going into the symbols of the regime, into the palaces, into the boats and into the Ba’ath Party headquarters and into the places that have been part of that repression,” he explains. “And while no one condones looting, on the other hand one can understand the pent-up feelings that may result from decades of repression and people who’ve had members of their family killed by that regime, for them to be taking their feelings out on that regime.” (US Department of Defense 4/11/2003; Loughlin 4/12/2003)
Accuses the Media of Exaggeration - Rumsfeld accuses the media of exaggerating the violence and unrest throughout the country: “I picked up a newspaper today and I couldn’t believe it. I read eight headlines that talked about chaos, violence, unrest. And it just was Henny Penny—‘The sky is falling.’ I’ve never seen anything like it! And here is a country that’s being liberated, here are people who are going from being repressed and held under the thumb of a vicious dictator, and they’re free. It’s just unbelievable how people can take that away from what is happening in that country! Do I think those words are unrepresentative? Yes.” (US Department of Defense 4/11/2003) “Let me say one other thing,” he adds. “The images you are seeing on television you are seeing over, and over, and over, and it’s the same picture of some person walking out of some building with a vase, and you see it 20 times, and you think: ‘My goodness, were there that many vases? Is it possible that there were that many vases in the whole country?’” (Mitchell 4/11/2009)
'Looting, Lawlessness, and Chaos on the Streets of Iraq' - The next day, Toronto Star columnist Antonia Zerbiasias reports: “All day long, all over the dial, the visuals revealed looting, lawlessness, and chaos on the streets of Iraq. Nothing was off-limits, not stores, not homes, not embassies, certainly not Saddam Hussein’s palaces nor government buildings and, most disgustingly, not even hospitals.” She is “astonished” at Rumsfeld’s words, and observes that “the only free anything the Iraqis are going to get in the next little while is going to be whatever they can ‘liberate’ from electronics shops. Maybe Rumsfeld’s marketing people can come up with a slogan for that.” (Zerbisias 4/12/2003)
Archaelogists Outraged at Rumsfeld's Remarks - Historians and archaeologists around the world are outraged at Rumsfeld’s remarks. Jane Waldbaum, the president of the Archaeological Institute of America, says her agency warned the US government about possible looting as far back as January 2003. She says she is as horrified by Rumsfeld’s cavalier attitude towards the looting as she is with the looting itself. “Donald Rumsfeld in his speech basically shrugged and said: ‘Boys will be boys. What’s a little looting?’” she says. “Freedom is messy, but freedom doesn’t mean you have the freedom to commit crimes. This loss is almost immeasurable.” (Witt 4/17/2003)
Failure to Protect Hospitals, Museums - Four days after Rumsfeld makes his remarks, progressive columnist John Nichols notes that had a Democratic or liberal government official made such remarks, Republicans and conservatives would be “call[ing] for the head” of that official. Nichols notes what Rumsfeld failed to: that looters stripped hospitals, government buildings, and museums to the bare walls. He also asks why US soldiers did not stop the looting, quoting the deputy director of the Iraqi National Museum, Nabhal Amin, as saying: “The Americans were supposed to protect the museum. If they had just one tank and two soldiers nothing like this would have happened.” Nichols notes the irony in the selection of the Oil Ministry as the only government building afforded US protection. He concludes: “When US and allied troops took charge of the great cities of Europe during World War II, they proudly defended museums and other cultural institutions. They could have done the same in Baghdad. And they would have, had a signal come from the Pentagon. But the boss at the Pentagon, Donald Rumsfeld, who had promised to teach the Iraqi people how to live in freedom, was too busy explaining that rioting and looting are what free people are free to do.” (Nichols 4/15/2003)
Fired for Confronting Rumsfeld over Remark - Kenneth Adelman, a neoconservative member of the Defense Policy Board (DPB) who before the war said that the invasion of Iraq would be a “cakewalk” (see February 13, 2002), later confronts Rumsfeld over the “stuff happens” remark. In return, according to Adelman’s later recollection, Rumsfeld will ask him to resign from the DPB, calling him “negative.” Adelman will retort: “I am negative, Don. You’re absolutely right. I’m not negative about our friendship. But I think your decisions have been abysmal when it really counted. Start out with, you know, when you stood up there and said things—‘Stuff happens.‘… That’s your entry in Bartlett’s [Famous Quotations]. The only thing people will remember about you is ‘Stuff happens.’ I mean, how could you say that? ‘This is what free people do.’ This is not what free people do. This is what barbarians do.… Do you realize what the looting did to us? It legitimized the idea that liberation comes with chaos rather than with freedom and a better life. And it demystified the potency of American forces. Plus, destroying, what, 30 percent of the infrastructure.” Adelman will recall: “I said, ‘You have 140,000 troops there, and they didn’t do jack sh_t.’ I said, ‘There was no order to stop the looting.’ And he says, ‘There was an order.’ I said, ‘Well, did you give the order?’ He says, ‘I didn’t give the order, but someone around here gave the order.’ I said, ‘Who gave the order?’ So he takes out his yellow pad of paper and he writes down—he says, ‘I’m going to tell you. I’ll get back to you and tell you.’ And I said, ‘I’d like to know who gave the order, and write down the second question on your yellow pad there. Tell me why 140,000 US troops in Iraq disobeyed the order. Write that down, too.’ And so that was not a successful conversation.” (Murphy and Purdum 2/2009)
Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). (Roth and Malinowski 5/3/2004; Priest and Stephens 5/11/2004; Priest and Stephens 5/13/2004; Roth 5/13/2004; Hendron 5/22/2004; Barry, Hirsh, and Isikoff 5/24/2004; Bravin 6/7/2004; MSNBC 6/23/2004; Cohn 6/28/2004) Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). (Risen, Johnston, and Lewis 5/13/2004)
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. (Priest and Stephens 5/11/2004; Roth 5/13/2004) Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). (USA Today 6/22/2004) The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” (Savage 2007, pp. 181) The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. (Lindlaw 6/23/2004)
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 (Cohn 6/28/2004) , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. (Washington File 6/23/2004) One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). (Priest and Stephens 5/11/2004; Roth 5/13/2004)
The US takes part in another round of multilateral negotiations over North Korea’s nuclear weapons program (see April 2003). The US has failed to destabilize the North Korean government, and the North Koreans have been unsuccessful in luring the US into bilateral talks. Instead, both sides agree to “six-way” talks that include Japan, China, Russia, and South Korea.
Heavy Restrictions on US Negotiators - US chief negotiator Jim Kelly is finally permitted to meet one-on-one with his North Korean counterpart Li Gun—for only 20 minutes, and only in the presence of the other delegates. This time, Kelly is allowed to chat briefly with Li in a corner. Kelly is also forbidden from making any offers or even suggesting the possibility of direct negotiations. Kelly’s fellow negotiator, Charles Pritchard, will later recall that Kelly was told to start the chat with Li by saying: “This is not a negotiating session. This is not an official meeting.” Foreign affairs journalist Fred Kaplan will later write: “For the previous year-and-a-half, the State Department had favored a diplomatic solution to the Korea crisis while the Pentagon and key players in the [National Security Council] opposed it. The August meeting in Beijing was Bush’s idea of a compromise—a middle path that constituted no path at all. He let Kelly talk, but didn’t let him say anything meaningful; he went to the table but put nothing on it.” But even this level of negotiation is too much for some administration hawks. During the meetings in Beijing, Undersecretary of State John Bolton gives a speech in Washington where he calls North Korea “a hellish nightmare” and Kim Jong Il “a tyrannical dictator.” Kaplan will observe, “True enough, but not the sort of invective that senior officials generally issue on the eve of a diplomatic session.” An exasperated Pritchard resigns in protest from the administration. He will later say: “My position was the State Department’s envoy for North Korean negotiations, yet we were prohibited from having negotiations. I asked myself, ‘What am I doing in government?’” Pritchard had also learned that White House and Pentagon officials did not want him involved in the talks, dismissing him as “the Clinton guy.” (Pritchard had helped successfully negotiate earlier agreements with the North Koreans during the Clinton administration.) (Kaplan 5/2004) A Chinese diplomat says, “The American policy towards DRPK [North Korea]—this is the main problem we are facing.” (Scoblic 2008, pp. 241)
Cheney Source of Restrictions - According to Larry Wilkerson, chief of staff to Secretary of State Colin Powell, the restrictions on Kelly come directly from Vice President Cheney. “A script would be drafted for Jim, what he could say and what he could not say, with points elucidated in the margins,” Wilkerson will later explain. The process involves President Bush, Cheney, Powell, Defense Secretary Donald Rumsfeld, National Security Adviser Condoleezza Rice, and the chairman of the Joint Chiefs of Staff, General Richard Myers. On at least two occasions, Cheney rewrites the script for Kelly without consulting with the other principals, even Bush. According to Wilkerson, Cheney “put handcuffs on our negotiator, so he could say little more than ‘welcome and good-bye.’” In the words of authors Lou Dubose and Jake Bernstein, Cheney’s “negotiating position was that there would be no negotiations.” (Dubose and Bernstein 2006, pp. 185-186)
The Pentagon sends a group of retired military generals and other high-ranking officers—part of its team of “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond) on a carefully arranged tour of Iraq (see Summer 2003). The idea is to have the analysts counter the negative images being reported from Iraq about the upsurge in violence from the burgeoning insurgency. The Pentagon also wants the analysts to present a positive spin on Iraq in time to bolster President Bush’s request to Congress for $87 billion in emergency war financing. The group includes four analysts from Fox News, the Pentagon’s go-to media outlet for promulgating its propaganda and spin, one analyst from CNN and ABC, and several prominent members of research groups whose opinion articles appear regularly in the editorial pages of the largest US newspapers. The Pentagon promises that the analysts will be given a look at “the real situation on the ground in Iraq.”
Two Very Different Views of Reality - While the situation is rapidly deteriorating for the US—the American administrator, L. Paul Bremer, later writes that the US only has “about half the number of soldiers we needed here,” and has told Bush, “We’re up against a growing and sophisticated threat” at a dinner party that takes place on September 24, while the analysts are in Iraq (see September 24, 2003)—the story promoted by the analysts is starkly different. Their official presentation as constructed on a minute-by-minute basis by Pentagon officials includes a tour of a model school, visits to a few refurbished government buildings, a center for women’s rights, a mass grave from the early 1990s, and a tour of Babylon’s gardens. Mostly the analysts attend briefings, where one Pentagon official after another provide them with a very different picture of Iraq. In the briefings, Iraq is portrayed as crackling with political and economic energy. Iraqi security forces are improving by the day. No more US troops are needed to combat the small number of isolated, desperate groups of thugs and petty criminals that are spearheading the ineffective insurgency, which is perpetually on the verge of being eliminated. “We’re winning,” a briefing document proclaims. ABC analyst William Nash, a retired general, later calls the briefings “artificial,” and calls the tour “the George Romney memorial trip to Iraq,” a reference to former Republican governor George Romney’s famous claim that US officials had “brainwashed” him into supporting the Vietnam War during a tour there in 1965. Yet Nash, like the other analysts, will provide the talking points the Pentagon desires to his network’s viewers. Pentagon officials worry, for a time, about whether the analysts will reveal the troubling information they learn even on such a well-groomed and micromanaged junket, including the Army’s use of packing poorly armored Humvees with sandbags and Kevlar blankets, and the almost laughably poor performance of the Iraqi security forces. One Fox analyst, retired Army general Paul Vallely, later says, “I saw immediately in 2003 that things were going south.” But the Pentagon has no need to worry about Vallely or any of the other analysts. “You can’t believe the progress,” Vallely tells Fox News host Alan Colmes upon his return. Vallely predicts that the insurgency would be “down to a few numbers” within months. William Cowan, a retired Marine colonel, tells Fox host Greta Van Susteren, “We could not be more excited, more pleased.” Few speak about armor shortages or poor performances by Iraqi security forces. And all agree with retired general Carlton Shepperd’s conclusion on CNN: “I am so much against adding more troops.”
'Home Run' - The Iraq tour is viewed as what reporter David Barstow will call “a masterpiece in the management of perceptions.” Not only does it successfully promote the administration’s views on Iraq, but it helps fuel complaints that “mainstream” journalists are ignoring what administration officials and war supporters call “the good news” in Iraq. “We’re hitting a home run on this trip,” a senior Pentagon official says in an e-mail to the chairman and vice chairman of the Joint Chiefs of Staff, Richard Myers and Peter Pace. The Pentagon quickly begins planning for future trips, not just to Iraq but to Afghanistan and Guantanamo Bay (see June 24-25, 2005) as well. These trips, and the orchestrated blitz of public relations events that follow, are strongly supported by the White House.
Countering 'Increasingly Negative View' of Occupation - Pentagon spokesman Lawrence Di Rita will later explain that a “conscious decision” was made to use the analysts to counteract what Di Rita calls “the increasingly negative view of the war” coming from journalists in Iraq. The analysts generally have “a more supportive view” of the administration and the war; and the combination of their military expertise and their tremendous visibility make them ideal for battling what Di Rita and other Pentagon and administration see as unfairly negative coverage. On issues such as troop morale, detainee interrogations, inadequate equipment, and poorly trained Iraqi forces, Di Rita will say the analysts “were more likely to be seen as credible spokesmen.”
Business Opportunities - Many of the analysts are not only in Iraq to take part in the Pentagon’s propaganda efforts, but to find out about business opportunities for the firms they represent. They meet with civilian and military leaders in Iraq and Kuwait, including many who will make decisions about how the $87 billion will be spent. The analysts gather inside information about the most pressing needs of the US military, including the acute shortage of “up-armored” Humvees, the billions needed to build new military bases, the dire shortage of translators, and the sprawling and expensive plans to train Iraqi security forces. Analysts Cowan and Sherwood are two of the analysts who have much to gain from this aspect of their tour. Cowan is the CEO of a new military firm, the wvc3 Group. Sherwood is the executive vice president of the firm. The company is seeking contracts worth tens of millions of dollars to supply body armor and counterintelligence services in Iraq. The company has a written agreement to use its influence and connections to help Iraqi tribal leaders in Al-Anbar province win reconstruction contracts from the Americans. “Those sheiks wanted access to the CPA,” Cowen later recalls, referring to the Coalition Provisional Authority. And he is determined to provide that access. “I tried to push hard with some of Bremer’s people to engage these people of Al-Anbar,” he recalls. Fox military analyst Charles Nash, a retired Navy captain, works as a consultant for small companies who want to land fat defense contracts. As a military analyst, he is able to forge ties with senior military leaders, many of whom he had never met before. It is like being “embedded” with the Pentagon leadership, he will recall. He will say, “You start to recognize what’s most important to them…. There’s nothing like seeing stuff firsthand.” An aide to the Pentagon’s chief of public relations, Brent Krueger, will recall that he and other Pentagon officials are well aware of their analysts’ use of their access as a business advantage. Krueger will say, “Of course we realized that. We weren’t naïve about that…. They have taken lobbying and the search for contracts to a far higher level. This has been highly honed.” (Di Rita will deny ever thinking that analysts might use their access to their business advantage, and will say that it is the analysts’ responsibility to comply with ethical standards. “We assume they know where the lines are,” he will say.) (Barstow 4/20/2008)
Defense Secretary Donald Rumsfeld, at the request of CIA Director George Tenet, orders military officials in Iraq to keep an unnamed high-value detainee being held at Camp Cropper off the records. The order is passed down to Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff, then to Gen. John P. Abizaid, the commander of American forces in the Middle East, and finally to Lt. Gen. Ricardo S. Sanchez, the ground commander in Iraq. “At each stage, lawyers reviewed the request and their bosses approved it,” the New York Times will report. “This prisoner and other ‘ghost detainees’ were hidden largely to prevent the International Committee of the Red Cross from monitoring their treatment, and to avoid disclosing their location to an enemy,” the newspaper will report, citing top officials. The prisoner—in custody since July 2003—is suspected of being a senior officer of Ansar al-Islam, an Islamic group with ties to al-Qaeda. Shortly after being captured by US forces, he was deemed an “enemy combatant” and thus denied protection under the Geneva conventions. Up until this point, the prisoner has only been interrogated once. As a result of being kept off the books, the prison system looses track of the detainee who will spend the next seven months in custody. “Once he was placed in military custody, people lost track of him,” a senior intelligence official will tell the New York Times. “The normal review processes that would keep track of him didn’t.” (Schmitt and Shanker 6/17/2004; Aldinger 6/17/2004; Fox News 6/17/2004)
On January 15, 2004, Lieutenant General Bantz Craddock, Defense Secretary Donald Rumsfeld’s senior military assistant, and Vice-Admiral Timothy Keating, director of the Joint Staff of the Joint Chiefs of Staff, are e-mailed a summary of the Abu Ghraib abuses depicted on a CD-ROM recently given to an army investigative unit two days before (see January 13, 2004). The summary says that about ten soldiers are shown in the pictures and are involved in acts including: “Having male detainees pose nude while female guards pointed at their genitals; having female detainees exposing themselves to the guards; having detainees perform indecent acts with each other; and guards physically assaulting detainees by beating and dragging them with choker chains.” On January 20, Central Command sends another e-mail to Keating, Craddock, and Lieutenant General Ricardo Sanchez, the top US Army commander in Iraq. It confirms the detainee abuse took place, is well-documented with photos, and says that “currently [we] have 4 confessions implicating perhaps 10 soldiers.” General Richard Myers, chairman of the Joint Chiefs of Staff, will later acknowledge in testimony that around this time, information about the abuse and the photographs had been given “to me and the Secretary [Rumsfeld] up through the chain of command.… And the general nature of the photos, about nudity, some mock sexual acts and other abuse, was described.” (Hersh 6/17/2007)
Defense Secretary Donald Rumsfeld says he cannot remember anyone making the claim that Iraq could launch weapons of mass destruction within 45 minutes. British Prime Minister Tony Blair made the claim over six months before the US-British invasion of Iraq (see September 24, 2002). The claim was later revealed to have come from a single, anonymous, unverified source (see August 16, 2003 and December 7, 2003). Some British newspapers ran banner headlines saying that the claim meant British troops in Cyprus could be attacked with Iraqi WMD within 45 minutes. Rumsfeld tells reporters at a Pentagon briefing, “I don’t remember the statement being made, to be perfectly honest.” (Department of Defense 2/10/2004; BBC 2/11/2004) General Richard Myers, the chairman of the Joint Chiefs of Staff who accompanies Rumsfeld in the press conference, adds, “I don’t remember the statement, either.” (Department of Defense 2/10/2004)
The Abu Ghraib prison photos are leaked to CBS. The network informs the Pentagon that it will broadcast a story on the prison abuses and include the photos. But the network delays broadcasting the story at the request of Gen. Richard Myers. (Hann 4/30/2004; CBS News 5/6/2004; Scheer 5/6/2004; CNS News 5/7/2004)
Maj. Gen. Antonio Taguba, author of a hard-hitting report on Abu Ghraib prison abuse, is summoned to meet Defense Secretary Donald Rumsfeld for the first time. Rumsfeld is scheduled to testify about Abu Ghraib before Congress the next day (see May 7, 2004). Also attending the meeting is Deputy Defense Secretary Paul Wolfowitz, Under-Secretary of Defense for Intelligence Stephen Cambone, Joint Chiefs of Staff Chairman Gen. Richard Myers, Army chief of staff Gen. Peter Schoomaker, Rumsfeld’s senior military assistant Lt. Gen. Bantz Craddock, and others. According to Taguba, when he walks in, Rumsfeld declares in a mocking voice, “Here… comes… that famous General Taguba—of the Taguba report!” Asked if there was torture at Abu Ghraib, Taguba recalls, “I described a naked detainee lying on the wet floor, handcuffed, with an interrogator shoving things up his rectum, and said, ‘That’s not abuse. That’s torture.’ There was quiet.” Rumsfeld asks who leaked Taguba’s report to the public, but Taguba says he doesn’t know. Rumsfeld then complains that he has not seen a copy of his report or the Abu Ghraib abuse photographs and yet he has to testify to Congress tomorrow. Taguba is incredulous, because he sent over a dozen copies of his report to the Pentagon and Central Command headquarters, and had just spent several weeks briefing senior military leaders about it. He also was aware that Rumsfeld, Myers, Craddock, and others were notified about the abuse and the photographs back in January, before Taguba even began his investigation (see January 15-20, 2004). Taguba will later suspect that the military leaders were trying to remain ignorant of the scandal to avoid responsibility and accountability. For instance, when Taguba urged one lieutenant general to look at the photographs, he got the reply, “[I] don’t want to get involved by looking, because what do you do with that information, once you know what they show?” Taguba will later complain of the meeting, “I thought they wanted to know. I assumed they wanted to know. I was ignorant of the setting.” (Hersh 6/17/2007)
In public testimony under oath before the Senate and the House Armed Services Committees, Defense Secretary Donald Rumsfeld claims he had no early knowledge of the Abu Ghraib detainee abuse. He says, “It breaks our hearts that in fact someone didn’t say, ‘Wait, look, this is terrible. We need to do something.’ I wish we had known more, sooner, and been able to tell you more sooner, but we didn’t.” He claims that when reports about the hard-hitting Taguba report on Abu Ghraib (see February 26, 2004) first appeared publicly just days before his testimony, “it was not yet in the Pentagon, to my knowledge.” Regarding the shocking Abu Ghraib photos, seen by millions on the television program 60 Minutes on April 28 (see April 28, 2004), Rumsfeld claims, “I say no one in the Pentagon had seen them.” He adds that “I didn’t see them until last night at 7:30.” Asked when he’d first heard of them, he replies, “There were rumors of photographs in a criminal prosecution chain back sometime after January 13th… I don’t remember precisely when, but sometime in that period of January, February, March.… The legal part of it was proceeding along fine. What wasn’t proceeding along fine is the fact that the President didn’t know, and you didn’t know, and I didn’t know. And, as a result, somebody just sent a secret report to the press, and there they are.” But General Richard Myers, chairman of the Joint Chiefs of Staff, will later acknowledge in testimony that just days after the photos were given to US Army investigators on January 13, information had been given “to me and the Secretary [Rumsfeld] up through the chain of command.… And the general nature of the photos, about nudity, some mock sexual acts and other abuse, was described” (see January 15-20, 2004). Major General Antonio M. Taguba, author of the Taguba report, will later claim that he was appalled by Rumfeld’s testimony. “The photographs were available to him—if he wanted to see them.… He’s trying to acquit himself, and a lot of people are lying to protect themselves.” Congressman Kendrick Meek (D-FL) will later comment, “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything, and what he was giving us was hard to believe.” (Hersh 6/17/2007)
During the 9/11 Commission’s twelfth public hearing, Commissioner Jamie Gorelick is sharply critical of NORAD’s failure to protect the US on 9/11. NORAD failed because it “defined out of the job,” she says. “[W]here was our military when it should have been defending us?” she asks General Richard Myers, who was the acting Joint Chiefs of Staff chairman on 9/11. “And the response… is that NORAD was not postured to defend us domestically unless someone was coming at us from abroad.… That’s why I come back to this word posture, we were postured against an external threat.” But, says Gorelick, the military’s own directives clearly state that NORAD has an “air sovereignty” mission that is not limited to watching the borders. “[T]he foundation documents for NORAD, they do not say defend us only against a threat coming in from across the ocean, or across our borders. It has two missions, and one of them is control of the airspace above the domestic United States, and aerospace control is defined as providing surveillance and control of the airspace of Canada and the United States. To me that air sovereignty concept means that you have a role which, if you were postured only externally you defined out of the job.”
Posse Comitatus - Gorelick also dismisses the Posse Comitatus Act of 1876, which prohibits the military from acting in a law enforcement capacity, as one of the reasons for the military’s failure. When Myers invokes the act, she quickly interrupts him. Myers says, “What we try to do is follow the law, and the law is pretty clear on Posse Comitatus and that is whether or not the military should be involved in domestic law enforcement.” Gorelick replies: “Let me just interrupt, when I was general counsel of the Defense Department, I repeatedly advised, and I believe others have advised that the Posse Comitatus says, you can’t arrest people. It doesn’t mean that the military has no authority, obligation, or ability to defend the United Sates from attacks that happen to happen in the domestic United States.”
Unanswered Questions - Gorelick then pointedly asks Myers, a former NORAD commander, how the military came to neglect its air sovereignty mission: “[B]y what process was it decided to only posture us against a foreign threat?… [I]s it your job, and if not whose job is it, to make current assessments of a threat, and decide whether you are positioned correctly to carry out a mission, which at least on paper NORAD had?” She adds that on several occasions, such as the 1996 Olympics (see January 20, 1997) and the G8 summit in Genoa (see July 20-22, 2001), the government had prepared for air attacks. While Myers offers a general assurance that the US military is now better prepared for “non-traditional” attacks, he does not provide specific answers to Gorelick’s questions. (9/11 Commission 6/17/2004)
Newsweek prints an item in its “Periscope” section that reports an American guard at Guantanamo Bay flushed a detainee’s Koran down a toilet. According to the report, the US Southern Command intends to mount an investigation into the desecration, which violates US and international laws. The report sparks widespread rioting in Pakistan and Afghanistan that results in the deaths of at least 17 people. The Pentagon and the Bush administration immediately blame Newsweek for the riots and the deaths; Lieutenant General Karl Eikenberry, the senior commander of US forces in Afghanistan, says the report did not spark the Afghan rioting, as does Afghan President Hamid Karzai. Newsweek says the information came from an American official who remains unidentified. “We regret that we got any part of our story wrong, and extend our sympathies to victims of the violence and to the US soldiers caught in its midst,” Mark Whitaker, Newsweek’s editor, writes in a subsequent article. Whitaker adds: “We’re not retracting anything. We don’t know what the ultimate facts are.” The Pentagon denies the report; spokesman Bryan Whitman says: “Newsweek hid behind anonymous sources, which by their own admission do not withstand scrutiny. Unfortunately, they cannot retract the damage they have done to this nation or those that were viciously attacked by those false allegations.” The report is “demonstrably false” and “irresponsible.” Whitman says the report has “had significant consequences that reverberated throughout Muslim communities around the world.” Senior Pentagon spokesman Lawrence Di Rita calls Whitaker’s note “very tepid and qualified.… They owe us all a lot more accountability than they took.” White House press secretary Scott McClellan says, “Our United States military personnel go out of their way to make sure that the Holy Koran is treated with care.” State Department spokesman Richard Boucher says Newsweek is wrong to use “facts that have not been substantiated.” And Defense Secretary Donald Rumsfeld issues the admonishment, “[P]eople need to be careful what they say… just as people need to be careful what they do.” According to Whitaker, while the magazine tries to avoid using unnamed sources when it can, there are instances where sources will not speak to reporters unless their anonymity is guaranteed. The administration source has been reliable in the past, Whitaker says, and, moreover, the reporters of the story, Michael Isikoff and John Barry, received confirmation from both the source and a senior Pentagon official. Whitaker’s explanation notes that Newsweek has chosen not to publish previous reports of Koran desecration at Guantanamo because the sources are former detainees whom it considers unreliable. General Richard Myers, the chairman of the Joint Chiefs of Staff, says that guards and officials at Guantanamo have looked for documentation of the reported Koran-flushing and cannot find it. (Seelye 5/16/2005; Rich 2006, pp. 164) The Pentagon will conclude that the Newsweek report is indeed responsible for the riots; Isikoff and Barry’s source for the story will back off on his original claim (see May 15, 2005). A month later, the Pentagon will confirm that at least five instances of Koran desecration at Guantanamo did indeed occur (see June 3, 2005).
Rear Admiral Frank Thorp, who falsely told reporters that captured Private Jessica Lynch “fired her weapon” at her captors “until she had no more ammunition” in initial military press briefings (see April 3, 2003), discusses his misleading statements with staffers of the House Oversight Committee, which is investigating the possibility that the US military used the Lynch story as propaganda (see April 24, 2007). Thorp, who was later promoted and became the chief public relations officer for then-Joint Chief Chairman Richard Myers, writes: “As I recall, this was a short interview and media desperately wanted me to confirm the story that was running in the States.… I never said that I had seen any intel or even intimated the same.… I may have said I am familiar with ‘the reports’ meaning the press reports, but as you can see I did not confirm them.… We did have reports of a battle and that a firefight had occurred.… That is what I stated.” Thorp says he does not recall ever seeing any classified battlefield intelligence reports concerning Lynch, and says he does not now remember if his remarks were based on such reports. When asked if he knew at the time that Lynch had, in fact, not gotten off a shot at her attackers, Thorp replies, “I would absolutely never, ever, ever, ever say anything that I knew to not be true.” At the time of the Lynch rescue, the chief public affairs official for CENTCOM briefings was Jim Wilkinson, the director of strategic communications for CENTCOM commander, General Tommy Franks. Wilkinson tells the committee that he was not a source for the media reporting concerning Lynch, and that he didn’t know any details of her capture and rescue: “I still, to this day, don’t know if those details are right or wrong. I just don’t know. I don’t remember seeing any operational report.” Thorp and Wilkinson claim not to know who provided such misleading information to reporters. And neither can explain why initial reports were relatively accurate (see March 23, 2003) but subsequent reports were so suddenly, and so luridly, inaccurate. (Mitchell 7/14/2008)
US News and World Report interviews three US soldiers once held captive in the first days of the Iraq invasion: Private Jessica Lynch, Specialist Shoshana Johnson, and Private Patrick Miller. Lynch was captured and held for nine days in an Iraqi hospital before being rescued (see June 17, 2003); her story was quickly inflated by military public relations officials and eager media representatives into a fabricated tale of torture and derring-do (see April 3, 2003). Johnson and Miller received much less press coverage during their 22 days in captivity. Rear Admiral Frank Thorp, then a captain and a senior military spokesman, told reporters when Lynch was rescued that “she fired until she had no more ammunition.” That report was untrue. Thorp now says, “There was never, ever any intentional deception involving Lynch.” But the Pentagon and the news media alike were hungry for a telegenic hero, he notes. “That’s America. We want heroes, in baseball, in politics, in our day-to-day life.” (Mulrine 3/18/2008) Thorp, now a rear admiral, became the top public affairs official for then-Joint Chiefs Chairman General Richard Myers. (Mitchell 7/14/2008)
Lynch: Weathering the Controversy - Lynch, who has weathered years of controversy about her unwitting involvement in a Pentagon PR campaign, is not convinced that there was no deception, as Thorp insists. “They wanted to make people think that maybe this war was a good thing,” she says. “Instead, people were getting killed, and it was going downhill fast. They wanted a hero.” All three say that they were no more heroic than any of the soldiers who fight every day. “It’s nice that people remember and stuff, but the way I look at it was I was just doing my job as a soldier,” says Miller, whom Lynch has cited as displaying outstanding bravery the day of their capture. Johnson adds: “I think we tossed around the hero word a little too much. I got shot and caught, and that’s it. [T]here are loads of soldiers out there who deserve all the props, and they don’t get enough.” Lynch, who was discharged from the Army months after her rescue (see August 22, 2003), does not watch television coverage of the war. “Honestly, it’s hard; it’s depressing,” she says. Five years after her capture, she still faces numerous physical disabilities and more surgery in the weeks and months ahead.
Miller: Wants to Return to Iraq - Miller, who shot several Iraqi soldiers before being, in his words, “gang-tackled” and captured, is still in the Army, having refused a medical discharge and needing to continue his wife’s medical insurance coverage. He recalls one conversation with an Iraqi during his captivity: “There was one who asked me why I came to Iraq, and I told him that I was told to come. He was like, ‘Why didn’t you just tell them no?’ I told him that if I tell them no, I go to jail. He couldn’t understand that.” Miller, now a staff sergeant, wants to return to Iraq, though Army regulations forbid a soldier once kept as a POW from returning to the country of his capture.
Johnson: Permanent Disability - Like Miller, Johnson’s captivity was relatively uneventful. She recalls one doctor in particular, “an old man with two wives and 11 children, who was really nice to me.” He protected her during her stay, even sleeping outside her door. “I don’t know if he thought somebody would come in, or something would happen to me,” she says. “When people start talking to me about Islam, that’s who I think of—a very nice man who took a big chance.” Johnson was going to write a book about her captivity, but her publishers backed out after Johnson did not give them the story they wanted. “They wanted this really religious book,” she says. “I’m a Catholic and my faith is important to me, but as a single mom with tattoos, I can’t be writing a book telling people how to live their life.” Diagnosed with post-traumatic stress disorder, she has succeeded in winning permanent disability status from the Army after a long, bitter struggle (see October 24, 2003). She is raising her 7-year old daughter, studying to be a caterer, and says that in general she is coping well. (Mulrine 3/18/2008)
Legal experts and media observers react with shock and anger at former Justice Department lawyer John Yoo’s defense of his March 2003 torture defense (see April 2, 2008). Eugene Fidell, who teaches military justice at Yale and American University, says: “This is a monument to executive supremacy and the imperial presidency. It’s also a road map for the Pentagon for fending off any prosecutions.” (Mazzetti 4/2/2008) Thomas J. Romig, the Army’s judge advocate general at the time the memo was issued, says that Yoo’s memo seems to argue that there are no rules in a time of war, an argument Romig finds “downright offensive.” (Eggen and White 4/2/2008) Retired Air Force General Richard B. Myers, chairman of the Joint Chiefs of Staff when the memo was written, says that he never saw the document authorizing harsh military interrogations and that its narrow definition of torture is “absolutely ludicrous.” Myers adds: “I frankly don’t know anyone in the military who bought into that as a good definition of when you cross the line. In the end, you want to do the right thing. I worry most about reciprocity, how other countries will treat us.” (Eggen and White 4/4/2008) Legal experts (see April 2-6, 2008) and media observers (see April 4, 2008) join in criticizing Yoo’s rationale for the torture memo.
The Senate Armed Services Committee releases a classified 261-page report on the use of “harsh” or “enhanced interrogation techniques”—torture—against suspected terrorists by the US. The conclusion of the report will be released in April 2009 (see April 21, 2009). The report will become known as the “Levin Report” after committee chairman Carl Levin (D-MI). Though the report itself is classified, the committee releases the executive summary to the public.
Top Bush Officials Responsible for Torture - One of the report’s findings is that top Bush administration officials, and not a “few bad apples,” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere.
Began Shortly after 9/11 - The report finds that US officials began preparing to use “enhanced interrogation” techniques just a few months after the 9/11 attacks, and well before Justice Department memos declared such practices legal. The program used techniques practiced in a US military program called Survival, Evasion, Resistance, and Escape (SERE—see December 2001), which trains US military personnel to resist questioning by foes who do not follow international bans on torture. As part of SERE training, soldiers are stripped naked, slapped, and waterboarded, among other techniques. These techniques were “reverse-engineered” and used against prisoners in US custody. Other techniques used against prisoners included “religious disgrace” and “invasion of space by a female.” At least one suspected terrorist was forced “to bark and perform dog tricks” while another was “forced to wear a dog collar and perform dog tricks” in a bid to break down their resistance.
Tried to 'Prove' Links between Saddam, Al-Qaeda - Some of the torture techniques were used before the March 2003 invasion of Iraq (see March 19, 2003). Much of the torture of prisoners, the report finds, was to elicit information “proving” alleged links between al-Qaeda and the regime of Saddam Hussein. US Army psychiatrist Major Paul Burney says of some Guantanamo Bay interrogations: “Even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq. We were not being successful in establishing a link between al-Qaeda and Iraq. The more frustrated people got in not being able to establish this link… there was more and more pressure to resort to measures that might produce more immediate results.” Others did not mention such pressure, according to the report. (Senate Armed Services Committee 12/11/2008 ; Agence France-Presse 4/21/2009) (Note: Some press reports identify the quoted psychiatrist as Major Charles Burney.) (Landay 4/21/2009) A former senior intelligence official later says: “There were two reasons why these interrogations were so persistent, and why extreme methods were used. The main one is that everyone was worried about some kind of follow-up attack [after 9/11]. But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al-Qaeda and Iraq that [former Iraqi exile leader Ahmed] Chalabi (see November 6-8, 2001) and others had told them were there.… There was constant pressure on the intelligence agencies and the interrogators to do whatever it took to get that information out of the detainees, especially the few high-value ones we had, and when people kept coming up empty, they were told by Cheney’s and Rumsfeld’s people to push harder.” (Landay 4/21/2009)
Warnings of Unreliability from Outset - Almost from the outset of the torture program, military and other experts warned that such techniques were likely to provide “less reliable” intelligence results than traditional, less aggressive approaches. In July 2002, a memo from the Joint Personnel Recovery Agency (JRPA), which oversees the SERE training program, warned that “if an interrogator produces information that resulted from the application of physical and psychological duress, the reliability and accuracy of this information is in doubt. In other words, a subject in extreme pain may provide an answer, any answer, or many answers in order to get the pain to stop” (see July 2002). (Senate Armed Services Committee 12/11/2008 ; Agence France-Presse 4/21/2009)
Ignoring Military Objections - When Pentagon general counsel William Haynes asked Defense Secretary Donald Rumsfeld to approve 15 of 18 recommended torture techniques for use at Guantanamo (see December 2, 2002), Haynes indicated that he had discussed the matter with three officials who agreed with him: Deputy Defense Secretary Paul Wolfowitz, Undersecretary of Defense Douglas Feith, and General Richard Myers. Haynes only consulted one legal opinion, which senior military advisers had termed “legally insufficient” and “woefully inadequate.” Rumsfeld agreed to recommend the use of the tactics. (Senate Armed Services Committee 12/11/2008 )