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A PROMIS oversight committee is formed at the Justice Department to supervise the implementation of the PROMIS software at US attorneys’ offices. The committee’s members are initially Associate Attorney General Rudolph Giuliani, Associate Deputy Attorney General Stanley E. Morris, Director of the Executive Office for US Attorneys William P. Tyson, and the Justice management division’s Assistant Attorney General for Administration Kevin D. Rooney. The associate attorney general is the chairman of the committee. The date on which the committee is established is unclear, but it will be mentioned in a memo dated August 13, 1981, so it must be at this date at the latest. Lowell Jensen will also be significantly involved in the committee, first as the associate attorney general for the criminal division until early 1983, and then as associate attorney general, meaning he also chairs the committee. The main official who reports to the committee is PROMIS project manager C. Madison “Brick” Brewer, although he will not be hired by the department until the start of the next year (see April 1982). (US Congress 9/10/1992)
New York City Mayor Rudolph Giuliani establishes the city’s Office of Emergency Management (OEM). This is tasked with coordinating the city’s overall response to major incidents, including terrorist attacks. (Robinson 9/12/2001; 9/11 Commission 7/24/2004, pp. 83-284) It will also be involved in responding to routine emergencies on a daily basis. (9/11 Commission 5/18/2004 ) OEM comprises personnel drawn from various City agencies, including police and fire departments, and emergency medical services. It begins with a staff of just 12, but by 9/11 this will have increased to 72. Its first director is counterterrorism expert Jerome Hauer. (Kennedy 7/27/1999) Richard Sheirer will take over from him in February 2000 and will be OEM director on 9/11. (Griscom 10/15/2001; Jenkins and Edwards-Winslow 9/2003, pp. 12; 9/11 Commission 5/18/2004 ) OEM is responsible for improving New York’s response to potential major incidents by conducting regular training exercises involving various city agencies, particularly the police and fire departments (see 1996-September 11, 2001). (9/11 Commission 7/24/2004, pp. 283) According to Steven Kuhr, its deputy director from 1996 to 2000, one of the key focuses of the office is counterterrorism work, “responding to the consequence of a chemical weapons attack, a biological weapons attack, or a high-yield explosive event.” (CNN 1/16/2002) Furthermore, OEM’s Watch Command is able to constantly monitor all the city’s key communications channels, including all emergency services frequencies, state and national alert systems, and local, national, and international news. It also monitors live video feeds from New York Harbor and the city’s streets. (9/11 Commission 5/18/2004 ; 9/11 Commission 7/24/2004, pp. 283, 542) In June 1999, Giuliani will open the OEM’s Command Center on the 23rd floor of World Trade Center Building 7 (see June 8, 1999).
New York City’s Office of Emergency Management (OEM) holds regular interagency training exercises in the years preceding 9/11, aiming to carry out a tabletop or field exercise every eight to 12 weeks. Mayor Rudy Giuliani is personally involved in many of these. The exercises are very lifelike. Giuliani will later recall, “We used to take pictures of these trial runs and they were so realistic that people who saw them would ask when the event shown in the photograph had occurred.” Scenarios drilled include a sarin gas attack in Manhattan, anthrax attacks, and truck bombs. One exercise, which takes place in May 2001, is based on terrorists attacking New York with bubonic plague (see May 11, 2001). Another, conducted in conjunction with the New York Port Authority, includes a simulated plane crash. Just one week before 9/11, the OEM is preparing a tabletop exercise with the Metropolitan Transportation Authority, to develop plans for business continuity in New York’s Financial District—where the World Trade Center is located—after a terrorist attack (see (September 4, 2001)). OEM staffers are actually preparing for a bioterrorism exercise on the morning of 9/11 (see 8:48 a.m. September 11, 2001 and September 12, 2001). Jerome Hauer, OEM director from 1996 to February 2000, will recall, “We looked at every conceivable threat that anyone on the staff could think of, be it natural or intentional, but not the use of aircraft as missiles.” He will tell the 9/11 Commission: “We had aircraft crash drills on a regular basis. The general consensus in the city was that a plane hitting a building… was that it would be a high-rise fire.… There was never a sense, as I said in my testimony, that aircraft were going to be used as missiles.” (Pooley 12/22/2001; Giuliani 2002, pp. 62-63; Jenkins and Edwards-Winslow 9/2003, pp. 15, 30; 9/11 Commission 5/19/2004; 9/11 Commission 5/19/2004 ) The OEM was created in 1996 by Giuliani to manage New York’s response to major incidents, including terrorist attacks (see 1996). (9/11 Commission 7/24/2004, pp. 283-284)
The New York Police Department’s Chief of Department Lou Anemone creates a citywide security plan that ranks 1,500 of the city’s buildings, shopping areas, and transportation hubs as potential terrorist targets. The World Trade Center is rated as “critical”—the highest rating possible—on Anemone’s “vulnerability list.” Other “critical” targets include the New York Stock Exchange, and the Holland and Lincoln tunnels. Anemone later says the WTC “was very much near the top of that [vulnerability] list, certainly in the top 20.” He announces his findings in 1998 at one of Mayor Rudolph Giuliani’s weekly public safety meetings. Yet, he says, after finishing his briefing, Giuliani just “glazed over.” Anemone adds, “We never had any discussion about security at the World Trade Center. We never even had a drill or exercise there.” Anemone will later say that, based upon information from FBI counterterrorism expert John O’Neill, the detectives assigned to the Joint Terrorism Task Force, and other intelligence, he “knew the World Trade Center was a real continuing target.” (Barrett and Collins 2006, pp. 105-106)
New York City’s Office of Emergency Management (OEM) conducts a training exercise called Operation ICE, which is designed to prepare emergency response workers for the possibility of a terrorist attack and includes a simulated chemical attack near the World Trade Center. (City of New York 11/9/1997; Roane 11/9/1997; 9/11 Commission 5/19/2004) Operation ICE is the largest terrorism response exercise ever conducted by the city. Its aim, according to Mayor Rudy Giuliani, is “to see what would happen if in fact there was a chemical attack and to see how police, fire, EMS [emergency medical services], hospitals, the FBI… would all respond.” (Fan and Gershman 11/10/1997; Kennedy 11/10/1997)
Volunteers Go to Hospitals with the Symptoms of Chemical Exposure - Operation ICE incorporates a series of field and tabletop exercises. It consists of three interconnected training events, called MEDEX, FIELDEX, and INFRAEX. MEDEX, apparently the first event to take place, is held on November 8. Forty-one city hospitals are involved in it. The aim is for the emergency workers who participate to learn how to deal with and treat “walk-in, self-referred” patients who arrive at emergency rooms minutes or hours after they have been exposed to a chemical agent. Volunteers, playing the victims, visit the hospitals, complaining about various symptoms. Hospital personnel have to determine the type of chemical exposure that matches the symptoms and decide how to treat the victims. (Roane 11/9/1997; Dittmara 3/1998)
Field Exercise Is Held near the WTC - FIELDEX, which is the centerpiece of Operation ICE, takes place a day later, on November 9. This is an elaborate field training exercise involving a simulated chemical attack at a large public gathering. It is directed by Jerome Hauer, head of the OEM, and more than 600 emergency response workers take part. They belong to agencies including the New York Police Department, the New York Fire Department, the FBI, the Office of the Chief Medical Examiner, and the Departments of Defense, Environmental Protection, Health, and Transportation. (City of New York 11/9/1997; Kennedy 11/10/1997) The exercise is held less than a mile away from the WTC, on Greenwich Street, between Hubert and North Moore Streets. (Fan and Gershman 11/10/1997) It takes place “eerily in the shadow of the Twin Towers,” Giuliani will later comment. (Giuliani 2002, pp. 63)
Islamic Terrorists Release a Lethal Gas in the Simulation - The scenario for the exercise involves a rally held by a controversial political group. This is “a greed-is-good kind of group,” Giuliani will say. A speaker at the rally explains the group’s philosophy, which gets his listeners angry, and two or three of them consequently attack the group. They release VX, a deadly nerve gas, killing 21 people and injuring at least 27. The mock attackers are Islamic terrorists, according to Giuliani. Red Cross volunteers and police cadets pretend to be victims of the attack, while several mannequins represent people who have been killed. FIELDEX lasts for four hours. (Fan and Gershman 11/10/1997; Kennedy 11/10/1997; 9/11 Commission 5/19/2004)
Real Bomb Goes Off before the Exercise Starts - Participating emergency response workers are unaware of the details of the scenario before the exercise begins. “[W]e know to be prepared, that it is going to happen, but haven’t been given any particulars,” one law enforcement official comments. (Roane 11/9/1997) Local residents reportedly approve of the exercise, despite the disruption it causes. One woman remarks that she feels it “needs to be done” because, she says, “Living downtown, we are a direct target for this kind of threat, with the World Trade Center and everything.” (Fan and Gershman 11/10/1997) Ironically, two hours before the exercise commences, a real but crude bomb explodes in front of an office building a few blocks away from where the exercise is held. No advance warning is given but, fortunately, no one is injured. No one will take responsibility for the bombing. (Kennedy 11/10/1997)
Exercise Is Mostly Funded by the Defense Department - The INFRAEX segment of Operation ICE consists of a workshop that considers how the simulated attack would affect the city’s infrastructure, and how any adverse effects could be minimized and corrected. The date when this part of the exercise is held is unstated. (Dittmara 3/1998) Operation ICE is the culmination of a yearlong disaster preparedness project. (City of New York 11/9/1997) Most of the funding for it has come from a grant from the Department of Defense. (Fan and Gershman 11/10/1997; Kennedy 11/10/1997) The exercise is intended to be a model for cities throughout the US. (Dittmara 3/1998)
It is later revealed that, in the years up to 9/11, New York City Mayor Rudolph Giuliani has little knowledge of the threat posed by al-Qaeda. (MSNBC 10/25/2007) In private testimony before the 9/11 Commission in 2004, after being asked about the “flow of information about al-Qaeda threats from 1998-2001,” Giuliani will reply, “At the time, I wasn’t told it was al-Qaeda, but now that I look back at it, I think it was al-Qaeda.” Giuliani will also concede that it was only “after 9/11” that “we brought in people to brief us on al-Qaeda.” Before 9/11, he says, “we had nothing like this… which was a mistake, because if experts share a lot of info,” there would be a “better chance of someone making heads and tails” of the situation. (Barrett 10/23/2007) In a later television interview, he will admit that he “didn’t see the enormity of” the threat al-Qaeda posed to the United States prior to 9/11, and add: “I never envisioned the kind of attack that they did.… [W]hat I envisioned were the kind of suicide bombings that had gone on in, in Israel. I had been briefed on that.… But I had no idea of the kind of level of attack that was in store for us.” (MSNBC 12/9/2007) He blames his lack of knowledge on terrorism partly on the FBI and the Joint Terrorism Task Force (JTTF), a partnership between the FBI and the New York City Police Department. Giuliani will state: “We already had JTTF, and got flow information no one else got. But did we get the flow of information we wanted? No. We would be told about a threat, but not about the underlying nature of the threat. I wanted all the same information the FBI had, and we didn’t get that until after 9/11.” (Barrett 10/23/2007) He will also complain, “I was dependent on the briefings that I was getting from… the [Clinton] administration, and… I don’t think they saw the threat as big as it was.” (MSNBC 12/9/2007) In 2004, the 9/11 Commission asks Thomas Von Essen, who is Giuliani’s fire commissioner, what information he had about terrorism prior to 9/11. He will reply, “I was told nothing at all.” Yet in a speech in 2007, Giuliani will claim that, with the 1993 World Trade Center bombing: “Bin Laden declared war on us.… I thought it was pretty clear at the time, but a lot of people didn’t see it, couldn’t see it.” He also claims to have been “studying terrorism” for more than 30 years. (Associated Press 6/26/2007; Barrett 10/23/2007)
An impromptu rally on New York City’s Fifth Avenue to mourn and protest the recent murder of a gay college student in Wyoming, Matthew Shepard (see October 9, 1998 and After), ends with at least 96 arrests and several injuries after demonstrators face off with police in riot gear and on horseback. No one is seriously injured during the confrontation, which features several short charges by police officers wielding billy clubs and plunging their horses into the crowd. Rally organizers did not secure a permit to march from the city. Over 4,000 people attend the march, billed as a “political funeral” to protest Shepard’s murder. The rally turns confrontational after police refuse to allow the marchers to take to the street. Organizers and marchers will accuse the police of overreacting, and say that the rally would have remained peaceful had they been allowed to complete their march. “The police refused to negotiate with us,” says organizer Sara Pursley. “The police refused even to talk to us. And by doing so, they created far more havoc in the city than we had ever planned to create.” She calls the police response “cruel and brutal.” Police say that the marchers endangered public safety by walking in the street. Police Commissioner Patrick Kelleher says of the police response: “They had a right to gather. But once they left the sidewalk, they were endangering the motorists, they were endangering the pedestrians. And we were forced to make arrests.” Mayor Rudolph Giuliani, who usually takes a hardline stance against civil disturbances, says he understands the marchers’ feelings. “It’s a very worthy cause,” he says. “I can understand why they are so outraged and upset.” However, Giuliani supports the police response. Organizers later say they were surprised to see how many people joined in the rally. Pursley later says she and the other organizers expected 500 people at best. (Collins 10/20/1998; Kifner 10/21/1998) The New York Times editorial board is highly critical of the police response. Marchers should have secured a permit, the editors say in an op-ed, but the police response was excessive. (New York Times 10/21/1998)
New York City Mayor Rudolph Giuliani opens a $13 million emergency command center on the 23rd floor of World Trade Center Building 7. (MacGowan 9/12/2001) The center is intended to coordinate responses to various emergencies, including natural disasters like hurricanes or floods, and terrorist attacks. The 50,000 square foot center has reinforced, bulletproof, and bomb-resistant walls, its own air supply and water tank, beds, showers to accommodate 30 people, and three backup generators. It also has rooms full of video monitors from where the mayor can oversee police and fire department responses. It is to be staffed around the clock and is intended as a meeting place for city leaders in the event of an act of terrorism. (CNN 6/7/1999; Bone 9/12/2001; Glanz and Lipton 2004, pp. 233) The center is ridiculed as “Rudy’s bunker.” (Pooley 12/22/2001) Author Philip Shenon will later comment that it “seemed the supreme example of how Giuliani’s ego and arrogance knew no bounds after four years in office,” and: “WABC Radio mocked Giuliani with a name-that-bunker contest for its listeners. Among the most popular entries: ‘Rudy’s Nuclear Winter Palace’ and ‘The Nut Shell.’” It is criticized because of the cost and because of the location, next to the WTC towers, one of the city’s top terrorist targets. In addition, the high floor it is on means it is vulnerable to power, water, and elevator outages. (Shenon 2008, pp. 346-347) Most controversial is the 6,000-gallon fuel tank. In 1998 and 1999, Fire Department officials warn that the fuel tank violates city fire codes and poses a hazard. According to one Fire Department memorandum, if the tank were to catch fire it could produce “disaster.” Building 7 will be destroyed late in the day on 9/11; some suspect this tank helps explains why. (Glanz and Lipton 12/20/2001)
New York City’s Office of Emergency Management (OEM), which is located in World Trade Center Building 7, organizes a bio-terrorism drill where militant extremists attack the city with bubonic plague and Manhattan is quarantined. The “tabletop exercise” is called RED Ex—meaning “Recognition, Evaluation, and Decision-Making Exercise” —and involves about seventy different entities, agencies, and locales from the New York area. Federal legislation adopted in 1997 requires federal, state, and local authorities to conduct regular exercises as part of the Domestic Preparedness Program (DPP). The US Defense Department chose New York City as the venue for RED Ex due to its size, prominence, and level of emergency preparedness. Various high-level officials take part, including Mayor Rudolph Giuliani, OEM Director Richard Sheirer, Fire Commissioner Thomas Von Essen, and Police Commissioner Bernard Kerik. Agencies and organizations that participate include New York City Fire Department, New York City Police Department, the FBI, and the Federal Emergency Management Agency (FEMA). The exercise is supposedly so intense that, according to one participant, “five minutes into that drill, everybody forgot it was a drill.” (Mindel and Higgins 5/11/2001; New York City Government 9/5/2001, pp. 74 ; Miner 12/20/2003; 9/11 Commission 5/18/2004) According to OEM Director Richard Sheirer, “Operation RED Ex provided a proving ground and a great readiness training exercise for the many challenges the city routinely faces, such as weather events, heat emergencies, building collapses, fires, and public safety and health issues.” (Mindel and Higgins 5/11/2001) In his prepared testimony before the 9/11 Commission, Bernard Kerik later states: “The City, through its OEM, had coordinated plans for many types of emergencies; and those plans were tested frequently.” The types of emergencies they prepared for, he states, included “building collapses” and “plane crashes.” (9/11 Commission 5/18/2004 ) Considering Richard Sheirer’s comments, RED Ex appears to be one example where the city tests for building collapses. Details about training for airplanes crashing into New York City remain unknown. The second part of this exercise, called Tripod, is scheduled to take place in New York on September 12, 2001, but is cancelled due to the 9/11 attacks.
Mayor Rudy Giuliani updates a directive that is intended to eliminate conflict between agencies when they respond to an emergency, such as a terrorist attack, in New York. (City of New York 7/2001; 9/11 Commission 7/24/2004, pp. 284-285) Since at least the late 1970s, New York’s mayors have recognized that the tense relations between the New York Police Department (NYPD) and the New York Fire Department (FDNY) are a potentially serious problem, and have tried, unsuccessfully, to rectify the situation. (Buntin 9/2005) In a new attempt to resolve the problem, Giuliani updates a directive titled “Direction and Control of Emergencies in the City of New York.” This document states that its purpose is to eliminate “potential conflict among responding agencies which may have areas of overlapping expertise and responsibility.”
Specified Agency Would Be the 'Incident Commander' for an Emergency - To achieve this, the directive designates which agency would serve as the “incident commander” for different types of emergencies. The incident commander would be “responsible for the management of the city’s response to the emergency.” Meanwhile, the Office of Emergency Management (OEM), which Giuliani created in 1996 (see 1996), would “coordinate the participation of all city agencies in resolving the event,” and “assist the incident commander in his/her efforts in the development and implementation of the strategy for resolving the event.”
Fire or Police Department Would Be in Command for a Terrorist Attack - The document states that in the event of an “air crash” or a “structural collapse,” the FDNY would be the incident commander. In the event of a terrorist attack, the incident commander would be either the NYPD or the FDNY, depending on the type of terrorist attack that occurs (for example, whether it is an attack involving weapons of mass destruction or one in which just conventional weapons are used). However, the directive notes, the nature of terrorist attacks “is such that the incident command will shift as the event evolves.” Therefore, it continues, “Any conflicts regarding the issue of command at these incidents will be resolved by OEM.” (City of New York 7/2001; 9/11 Commission 7/24/2004, pp. 284-285)
Directive Is Followed 'to Some Degree' on September 11 - The directive will be followed with limited success when the terrorist attacks occur on September 11. “To some degree, the mayor’s directive for incident command was followed on 9/11,” the 9/11 Commission Report will state. The report will continue, “It was clear that the lead response agency was the FDNY and that the other responding local, federal, bistate, and state agencies acted in a supporting role.” The report will note, however, that “the response operations lacked the kind of integrated communications and unified command contemplated in the directive.” “These problems existed both within and among individual responding agencies,” it will add. (9/11 Commission 7/24/2004, pp. 319)
New York City Mayor Rudolph Giuliani is promptly informed of the first WTC crash while having breakfast at the Peninsula Hotel on 55th Street. He later claims that he goes outside and, noticing the clear sky, immediately concludes, “It could not have been an accident, that it had to have been an attack. But we weren’t sure whether it was a planned terrorist attack, or maybe some kind of act of individual anger or insanity.” Only after the second plane hits at 9:03 will he be convinced it is terrorism. After leaving the hotel, he quickly proceeds south. In his 2002 book, Leadership, he will claim that he heads for his emergency command center. This $13 million center is located on the 23rd floor of Building 7 of the WTC, and was opened by Giuliani in 1999, specifically for coordinating responses to emergencies, including terrorist attacks (see June 8, 1999). Referring to it, he writes, “As shocking as [the first] crash was, we had actually planned for just such a catastrophe.” At around 9:07 a.m., Giuliani meets Police Commissioner Bernard Kerik at Barclay Street, on the northern border of the WTC complex. (Giuliani 2002, pp. 3-6; 9/11 Commission 5/19/2004; Barrett and Collins 2006, pp. 7) Yet they do not go to the command center. According to Kerik, “The Mayor and I… determined early on that the City’s pre-designated Command and Control Center… was unsafe because of its proximity to the attack.” (9/11 Commission 5/18/2004 ) Instead, they head to West Street, where the fire department has set up a command post, and arrive there at around 9:20 a.m. However, in his private testimony before the 9/11 Commission in 2004, Giuliani will apparently change his story, claiming he’d never even headed for his command center in the first place. He says, “Even if the Emergency Operations Center had been available, I would not have gone there for an hour or an hour and a half. I would want to spend some time at the actual incident, at operations command posts.” (9/11 Commission 5/19/2004; Barrett and Collins 2006, pp. 44-45 and 340-341) Other accounts indicate that the emergency command center is mostly abandoned from the outset, with emergency managers instead heading to the North Tower (see (Soon After 8:46 a.m.-9:35 a.m.) September 11, 2001).
New York City Mayor Rudolph Giuliani is told by his chief of staff that the White House knows of seven planes that are unaccounted for. He is told that the Pentagon has been hit, but also hears erroneous reports that the Sears Tower and other buildings have been hit. (9/11 Commission 5/19/2004)
According to the accounts of numerous witnesses on the ground near the World Trade Center, military fighter jets are first noticed flying over Manhattan either shortly before or soon after the second collapse, at 10:28 a.m. Some witnesses recall fighters arriving just before this collapse:
Emergency medical technicians Dulce McCorvey and Michael D’Angelo hear fighters flying over Manhattan at unspecified times after the first tower’s collapse. (McCorvey 10/3/2001; D'Angelo 10/24/2001)
Fire Lieutenant Sean O’Malley and firefighters Pete Giudetti and Dan Potter notice jet fighters flying overhead soon before the second collapse. (Guidetti 10/12/2001; O'Malley 12/6/2001; Smith 2002, pp. 49-50)
Other witnesses say the fighters arrive soon after this collapse:
Deputy Fire Chief Robert Browne, police officer Peter Moog, and emergency medical technicians Richard Zarrillo and Jason Katz notice fighters overhead immediately after, or fairly soon after, the second tower’s collapse. (Browne 10/24/2001; Zarrillo 10/25/2001; Katz 12/20/2001; Fink and Mathias 2002, pp. 79-80)
Mayor Rudolph Giuliani, Police Commissioner Bernard Kerik, and Office of Emergency Management Director Richard Sheirer are heading north together after leaving their temporary command post on Barclay Street (see (9:50 a.m.-10:10 a.m.) September 11, 2001). In some accounts, all three of them recollect hearing the first military jets overhead soon after the second tower’s collapse. (Kerik 2001, pp. 339-340; Giuliani 2002, pp. 14; 9/11 Commission 5/18/2004 ) However, according to another account, Giuliani hears the first jet slightly earlier, at around 10:20 a.m. And, in his private testimony before the 9/11 Commission, Kerik claims to have heard a fighter jet coming when he was heading to the temporary command post on Barclay Street, i.e. shortly before 9:50 a.m. (Barrett and Collins 2006, pp. 348-349)
A few witnesses claim the fighters arrive earlier on, before the first collapse at 9:59 a.m.:
Emergency medical technician Frank Puma and Port Authority Freedom of Information Administrator Cathy Pavelec say they see fighter jets overhead at unspecified times before the first collapse. (Puma 12/12/2001; Fink and Mathias 2002, pp. 68)
The fighter(s) are presumably the F-15s launched from Otis Air Force Base at 8:46 a.m. (see 8:46 a.m. September 11, 2001). However, the 9/11 Commission will claim that these arrived over Manhattan at 9:25 a.m. (see 9:25 a.m. September 11, 2001), which is significantly earlier than most of the witnesses on the ground recall.
After spending about 40 minutes at the disaster scene, on the World Trade Center site, New York City Mayor Rudolph Giuliani relocates to a small office building at 75 Barclay Street, about two blocks from the WTC, hoping to establish a command post there. His usual command center, in WTC 7, was evacuated at around 9:30 a.m. (see (9:30 a.m.) September 11, 2001). With him are several colleagues, including Police Commissioner Bernard Kerik and Office of Emergency Management Director Richard Sheirer. (Kerik 2001, pp. 334; Giuliani 2002, pp. 10; 9/11 Commission 5/18/2004 ; 9/11 Commission 5/19/2004; Barrett and Collins 2006, pp. 10) While at Barclay Street, Giuliani is able to get in touch with the White House, and speaks to Chris Henick, the deputy political director to President Bush (see 9:58 a.m. September 11, 2001). Immediately afterwards, he receives a phone call from Vice President Cheney, though this is cut off before either one is able to speak. Giuliani also claims he is given advance warning of the South Tower’s collapse while at this command post (see (Before 9:59 a.m.) September 11, 2001). After the South Tower collapses outside, Giuliani and his colleagues all decide to evacuate, going through the basement into a neighboring building, 100 Church Street. They will then leave this and head north, being joined by cameras and press. (Fink and Mathias 2002, pp. 112; 9/11 Commission 5/19/2004; Barrett and Collins 2006, pp. 348)
According to New York City Mayor Rudolph Giuliani’s 9/11 Commission testimony in 2004, about one minute before the first WTC tower falls, he is able to reach the White House by phone. Speaking to Chris Henick, deputy political director to President Bush, Giuliani learns the Pentagon has been hit and he asks about fighter cover over New York City. Henick replies, “The jets were dispatched 12 minutes ago and they should be there very shortly, and they should be able to defend you against further attack.” (9/11 Commission 5/19/2004) If this is true, it means fighters scramble from the Otis base around 9:46 a.m., not at 8:52 a.m., as most other accounts have claimed. While Giuliani’s account may seem wildly off, it is consistent with reports shortly after 9/11. In the first few days, acting Joint Chiefs of Staff Chairman Richard Myers, and a NORAD spokesman, Marine Corps Major Mike Snyder, claimed no fighters were scrambled anywhere until after the Pentagon was hit. (US Congress 9/13/2001; Johnson 9/15/2001) This story only changed on the evening of September 14, 2001, when CBS reported, “contrary to early reports, US Air Force jets did get into the air on Tuesday while the attacks were under way.” (CBS News 9/14/2001)
Between 9:25 a.m. and 9:45 a.m., one senior New York fire chief recommends to the Fire Department Chief of Department that there might be a WTC collapse in a few hours, and, therefore, fire units probably shouldn’t ascend much above the sixtieth floor (presumably this assumes the collapse would be gradual so those on lower floors would still have time to evacuate). This advice is not followed or not passed on. Apparently, no other senior fire chiefs mention or foresee the possibility of the WTC towers falling. (9/11 Commission 5/19/2004) However, New York City Mayor Rudolph Giuliani later recounts, “I went down to the scene and we set up headquarters at 75 Barclay Street, which was right there, with the police commissioner, the fire commissioner, the head of emergency management, and we were operating out of there when we were told that the World Trade Center was going to collapse. And it did collapse before we could actually get out of the building, so we were trapped in the building for ten, 15 minutes, and finally found an exit and got out, walked north, and took a lot of people with us.” (ABC News 9/11/2001) As can be seen by another account of similar events, this happens before the first WTC tower falls, not the second. (9/11 Commission 5/19/2004) It is not clear who tells Giuliani to evacuate when no fire chiefs were considering the possibility of an imminent collapse. However, an EMT is also given a message around this time, warning that the towers are going to collapse. The origin of this information is apparently the Mayor’s Office of Emergency Management, so this may also have been from where Giuliani heard of the imminent collapse (see (Before 9:59 a.m.) September 11, 2001).
After being caught in the dust plume when the WTC’s South Tower collapses at 9:59, Rudy Washington, who is one of Rudolph Giuliani’s deputy mayors, heads to City Hall, where he coordinates the city’s emergency response to the attacks. He is in contact with New York Governor George Pataki, high-ranking New York Police Department officers, and Navy Admiral Robert Natter, the commander of the US Atlantic Fleet (see (Shortly After 9:59 a.m.) September 11, 2001). He orders the closing of bridges. (Though, according to some accounts, the New York Port Authority ordered all bridges to be closed earlier on, at 9:21 (see 9:21 a.m. September 11, 2001).) As New York Daily News columnist Stanley Crouch later describes, Washington also finds “heavy machinery to get downtown for the cleanup and got the Navy to guard against a seaborne attack. He evacuated City Hall, which shook like crazy when the second tower fell. He gathered people who could give medical help, gave the order to find lights that could be used at Ground Zero and worked out new phone communications, since power was being lost. Accompanied by city engineers, he went into the streets around the fallen towers, testing the ground to make sure it would hold when the heavy equipment came in.” Washington’s efforts at developing an emergency strategy are reportedly aided by what he learned at an anti-terrorist training session chaired by counterterrorism “tsar” Richard Clarke and held at the WTC, in preparation for the millennium celebration (see (Late 1999)). Stanley Crouch later credits Rudy Washington with having “ran New York for the first few hours after the attack during a period when Giuliani was thought to have been killed inside the first building that went down.” (Crouch 5/20/2004) During the initial hours following the attacks, between around 9:50 a.m. and midday, Mayor Giuliani is moving around between a series of temporary command posts (see (9:50 a.m.-10:10 a.m.) September 11, 2001 and (After 10:28 a.m.-12:00 pm.) September 11, 2001).
After leaving 75 Barclay Street (see (9:50 a.m.-10:10 a.m.) September 11, 2001), New York City Mayor Giuliani and the group accompanying him search for somewhere to establish a new temporary headquarters. Soon after the North Tower’s collapse, they break into a vacant firehouse at the corner of Houston Street and Sixth Avenue. Police Commissioner Bernard Kerik, who is part of the group, wants the location kept secret. He gives out the order, “Okay, we’re going to establish a command center [here]. We’re not going to let anybody know. I don’t want it over the radio. We don’t know what’s happening. We don’t want them [presumably meaning the attackers] to know where we’re all going to be.” Giuliani is able to find a phone, and speaks with New York Governor George Pataki, the White House, and the Defense Department. At around 10:57, he speaks to the television channel New York 1 and offers a message of reassurance to the people of New York City. (Fink and Mathias 2002, pp. 108; Giuliani 2002, pp. 15-16; 9/11 Commission 5/19/2004; Barrett and Collins 2006, pp. 13) Deciding that they need to be somewhere larger and more secure, Kerik suggests they move to the Police Academy on East 20th Street. (Kerik 2001, pp. 342) Thus, Giuliani’s group—which now numbers more than twenty people plus a press contingent—gets into cars and drives to the academy, arriving around midday. (Giuliani 2002, pp. 18-19; Barrett and Collins 2006, pp. 13) This will remain as the city’s command center for several days, until it is replaced later in the week by a larger space at Pier 92 on the Hudson River. (Cohen 2/3/2003; 9/11 Commission 5/19/2004)
A man who was found behaving suspiciously in the World Trade Center and arrested is passed on to the FBI, but the detective who arrested him is subsequently told to stay quiet about what has happened. (Appel 2009, pp. 174-175) Several officers belonging to New York Police Department’s Emergency Service Unit (ESU) encountered the suspicious man as they were making their way down the stairs of the North Tower of the WTC. The man, who looked Middle Eastern, behaved aggressively toward the ESU officers and so one of them, Detective Timothy Morley, arrested and handcuffed him (see (Between 10:00 a.m. and 10:25 a.m.) September 11, 2001). (Appel 2009, pp. 125-128)
Detective Headed out to Find the FBI - When the ESU officers reached the bottom of the North Tower, Morley told his colleagues, “I’m gonna take this guy and hand him over to the first FBI agent I see.” He then headed out with the suspicious man, accompanied by his colleague, Lieutenant Venton Hollifield, and a Port Authority Police Department (PAPD) sergeant who carried the man’s belongings. The men soon encountered Police Chief Allen Hale from Manhattan North. Hollifield told Hale about the man they were escorting and his strange behavior in the WTC. Some intelligence officers with Hale talked to Morley about the suspicious man and took notes.
Suspicious Man Tried to Pull Away When the North Tower Collapsed - When the North Tower started to collapse, at 10:28 a.m. (see 10:28 a.m. September 11, 2001), Morley and the PAPD sergeant grabbed their prisoner and tried to run with him for cover. But the man dug his heels into the ground and tried to pull away from them. Morley was eventually able to drag the man along and find protection behind a fire truck. (Appel 2009, pp. 131-133) Sometime after the collapse, Morley encountered Hale again. Surprised to see that Morley was still escorting the suspicious man, Hale fetched a van, and drove Morley and his prisoner to Stuyvesant High School, where the ESU has set up a command post.
FBI Agents Interview the Prisoner - Now, at the school, some FBI agents show up to debrief Morley’s prisoner and they take him to an office to do so. They also ask Morley to write down for them everything that has happened. After a time, the FBI agents decide they want to take the man to the Police Academy. Morley, Hale, the FBI agents, and the prisoner therefore go to the Police Academy, where Mayor Rudy Giuliani and Police Commissioner Bernard Kerik are now based (see (After 10:28 a.m.-12:00 pm.) September 11, 2001).
Unidentified Official Tells the Detective to Keep Quiet - After they arrive at the academy, the prisoner is taken away to be debriefed by some intelligence officers. Meanwhile, Hale walks over to Giuliani and talks to him. He apparently tells the mayor about how Morley came to arrest the suspicious man in the WTC, as Giuliani subsequently walks over to Morley, shakes his hand, and says to him, “Good job.” A police inspector nearby then approaches Morley and asks him why the mayor had been shaking his hand. Morley starts telling the inspector about his encounter with the suspicious man in the North Tower. However, before he finishes his account of what happened, a man who has been standing across from him and eavesdropping on the conversation steps forward and interrupts. The man is dressed in a dark suit and is presumably some kind of government agent. He says to Morley, “If you know what’s good for you, I wouldn’t repeat that story.” Morley is astonished. He asks the man who he is, but the man only replies, “Never mind who I am.” In his anger, Morley decides he will go and tell his story to Kerik. He enters the room where Kerik is seated, but is unable to get the police commissioner’s attention and eventually gives up his attempt to talk to him. (Appel 2009, pp. 173-176) The following day, the suspicious man that the ESU officers encountered in the WTC will have his arrest voided and be released from custody. (Appel 2009, pp. 339) Further details of who he is and what he was doing in the North Tower are unknown.
President Bush is taken to the headquarters of the 8th Air Force at Barksdale Air Force Base, Louisiana, from where he calls government officials in New York and Washington, DC, prepares and records a speech to the nation, and watches television coverage of the terrorist attacks. (Tapper 9/12/2001; Associated Press 10/2/2001; Freeman 10/2006 ) After landing at Barksdale (see 11:45 a.m. September 11, 2001), Bush was initially driven to a conference center on the base, where he made a brief phone call (see (11:55 a.m.) September 11, 2001). (Keen and Carney 9/11/2001; Newseum et al. 2002, pp. 164)
Bush Is Driven to the 8th Air Force Headquarters - Bush emerges from there at 12:11 p.m. accompanied by his senior adviser, Karl Rove, his chief of staff, Andrew Card, his military aide, some other aides, and several Secret Service agents. (Sammon 2002, pp. 112; Freeman 10/2006 ) He is then driven to “Building 245” on the base—the headquarters of the 8th Air Force—in a small motorcade that also includes the pool of reporters who have been traveling with him on Air Force One. Inside the building, they all can see a sheet of paper that has been taped to a door, with words written in large black type, “Defcon Delta”—the highest possible state of military alert. (Keen and Carney 9/11/2001; Sammon 2002, pp. 112) Bush and his staff go to the office of Lieutenant General Thomas Keck, the commander of the 8th Air Force, where they get to work responding to the attacks. (Freeman 10/2006 )
Bush Prepares a Speech to the Nation - Bush and Card together draft a speech to the nation that the president is going to record at the base, according to the New Orleans Times-Picayune. (Villafuerte 9/8/2002) However, according to journalist and author Bill Sammon, the speech is drafted by Bush’s press secretary, Ari Fleischer, who is with the president at Barksdale, and edited by White House counselor Karen Hughes, who is back in Washington. (Sammon 2002, pp. 113) Once the speech is ready, Keck escorts Bush to the building’s conference room to be filmed delivering it. (Freeman 10/2006 ) The reporters traveling on Air Force One go to the conference room after entering the 8th Air Force headquarters building and are there when Bush records his speech at 12:36 p.m. (see 12:36 p.m. September 11, 2001). (Keen and Carney 9/11/2001)
Bush Watches TV, Makes Phone Calls - Bush watches the latest developments on a television in Keck’s office. After recording his speech, he sees the footage, shown on CNN, of the World Trade Center towers collapsing for the first time, according to Keck. He then tells Keck, “I don’t know who this is, but we’re going to find out and we’re going to go after them, and we’re not just going to slap them on the wrist.” Keck replies, “We’re with you.” There is a secure phone in Keck’s office, and, while he is at the base, Bush uses it to talk with Vice President Dick Cheney at the White House (see (12:11 p.m.-1:25 p.m.) September 11, 2001), Defense Secretary Donald Rumsfeld at the Pentagon (see 1:02 p.m. September 11, 2001), and Hughes. He also talks over the secure phone with New York City Mayor Rudolph Giuliani, New York Governor George Pataki, and New York Senator Charles Schumer.
Bush Is Informed of the Intelligence about the Attacks - Keck remains at Bush’s side for the entire time the president is in the 8th Air Force headquarters building. He works intently, monitoring base security and keeping up to date with the latest information from the 8th Air Force Command. He and his team keep Bush and his aides informed about the intelligence coming in via Air Force channels about the morning’s attacks and ongoing events. After nearly two hours at Barksdale, Bush and his entourage prepare to leave the base. Keck will accompany the president as he is driven back to Air Force One. (Associated Press 10/2/2001; Langley 12/16/2001; Freeman 10/2006 ; Graff 9/9/2016)
New York City Mayor Rudolph Giuliani announces that the New York City subway and bus service has been partially restored. (CNN 9/12/2001)
New York City Mayor Rudolph Giuliani urges New Yorkers to stay home the following day. (CNN 9/12/2001)
New York Mayor Rudolph Giuliani says in an interview with CNN’s Larry King: “The Health Department has done tests and at this point it is not a concern. So far, all the tests we have done do not show undue amounts of asbestos or any particular chemical agent that you have to be concerned about.” (CNN 9/11/2001)
Mayor Giuliani announces that New York City schools will be closed the following day. He explains that power is out on west side of Manhattan and that NYC Department of Health (DOH) tests indicate that no airborne chemical agents were released during attack. (CNN 9/12/2001)
Before 9/11, New York City was scheduled to have a major terrorism training exercise on this day, in a large commercial warehouse on the Hudson River. Called Tripod, it was intended to test how well the city’s Office of Emergency Management (OEM) could administer treatment in the event of a biological-terrorism attack. More than 1,000 Police Academy cadets and Fire Department trainees were recruited to act the parts of terrified civilians afflicted with a range of medical conditions. Various individuals were invited to watch, including Mayor Rudolph Giuliani, the police and fire commissioners, and representatives of the FBI and the Federal Emergency Management Agency (FEMA). Presumably many have already arrived for the exercise when the 9/11 attacks occur (see 7:00 a.m. -9:03 a.m. September 11, 2001). Because Pier 92, where Tripod was due to take place, has been set up ready for the exercise, OEM staff are able to move there and quickly convert it into a large emergency operations center when their original command center (in WTC Building 7) is evacuated and later destroyed during 9/11. Thus, within 31 hours of the attacks, OEM has a functional facility able to manage the search and rescue effort, just four miles north-northwest of the WTC site. (Griscom 10/15/2001; Jenkins and Edwards-Winslow 9/2003, pp. 20; 9/11 Commission 5/19/2004) Tripod is the follow-up to a previous training exercise in New York, called RED Ex (see May 11, 2001). (Miner 12/20/2003) Due to the 9/11 attacks, Tripod is called off, but will eventually take place on May 22, 2002. (City of New York 5/22/2002)
The New York City agency that oversees the Ground Zero cleanup operation following the 9/11 attacks is the Department of Design and Construction (DDC). (Glanz and Lipton 2004, pp. 299) This obscure 1,300-man bureaucracy is normally responsible for overseeing municipal construction contracts, such as street repairs and jails. Its two top officials are Kenneth Holden and his lieutenant, Michael Burton. (Langewiesche 2002, pp. 9) Burton is in lower Manhattan the morning of 9/11, instead of in his office in Queens, for a meeting at City Hall, just a few blocks away from the World Trade Center. (Rubin 4/22/2002) That afternoon, he meets Holden and together they begin organizing the cleanup operation. By 5:30 p.m., the group of workers they have assembled gains permission to explore the WTC ruins. Under Burton’s direction, the team of “unbuilders” subsequently undertakes what journalist William Langewiesche describes as “the most aggressive possible schedule of demolition and debris removal.” Yet this appears to go against established procedures. On previous occasions the standard emergency response to natural or man-made disasters in the US, such as the 1995 Oklahoma City bombing, was to rapidly nationalize efforts on the ground, under the direction of FEMA and the Army Corps of Engineers. (Langewiesche 2002, pp. 66, 90, 94, 146) New York’s official emergency plans, which were written before 9/11, in fact require the Department of Sanitation to remove debris after a building collapse. A mid-level official who was involved in writing the latest plans mentions a week after 9/11 that she doesn’t even know quite what the DDC is. DDC’s only previous experiences of dealing with emergencies are a sinking EMS station in Brooklyn, caused by a water leak, and a structural failure at Yankee Stadium. According to Langewiesche, there is no specific moment when Holden and Burton are placed in charge of the Ground Zero cleanup effort. “Rather, there was a shift of power in their direction that was never quite formalized and, indeed, was unjustified by bureaucratic logic or political considerations.” Reportedly, at some point, Mayor Rudolph Giuliani made a “back-room decision to scrap the organization charts, to finesse the city’s own Office of Emergency Management (OEM), and to allow the DDC to proceed.” (Langewiesche 2002, pp. 66, 88 and 118; Rubin 4/22/2002) The Ground Zero cleanup operation officially ends in May 2002. (CBS News 5/16/2002; LeDuff 5/29/2002)
US Health and Human Services (HHS) Secretary Tommy G. Thompson announces after meetings in New York with NY State Governor George Pataki and NYC Mayor Rudolph Giuliani that the CDC Epidemic Intelligence Service (EIS) will send 35 EIS officers to New York hospitals to assist “health officials and physicians monitor diseases, conduct a medical and health needs assessment, identify existing health problems, such as dust or allergic reactions, determine if there are new medical needs, and if already deployed resources are better used elsewhere.” (US Department of Health and Human Services 9/14/2001)
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)
New York City Mayor Rudolph Giuliani bans any photography or video recording at the Ground Zero wreckage zone of the WTC collapses unless authorized by the police commissioner, claiming this is because it is a crime scene. Signs warn the public of a class-B misdemeanor and police keep the press away from the site. (Coletti 9/26/2001) It is unclear how long the ban lasts, but it seems to continue into 2002 (see From September 25, 2001 to Summer 2002).
At a rally in New York City, President Bush is asked whether the federal government will ask the average American to do anything else besides spend money to help battle terrorism and assist the country in recovering from the 9/11 attacks. Bush replies: “Well, I think the average American must not be afraid to travel. We opened Reagan Airport yesterday for a reason—we think it’s safe, and that people ought to feel comfortable about traveling around our country. They ought to take their kids on vacations. They ought to go to ball games.… But people ought to—listen, we ought to be aware in America—we are aware; how can you not be aware that we’ve entered into a new era. The imagery is vivid in people’s minds. But nevertheless, Americans must know that their government is doing everything we can to track down every rumor, every hint, every possible evildoer. And, therefore, Americans ought to go about their business. And they are beginning to do so. The load factors were up on the airlines, which means more people will be going to hotels and restaurants.” (White House 10/3/2001; Roberts 2008, pp. 91) Not only has Bush been exhorting Americans to spend their money on airline tickets and amusement parks (see September 27, 2001), he will take part in a marketing campaign designed to boost the travel industry (see Early 2002). New York Mayor Rudolph Giuliani adds his voice to Bush’s, asking the rhetorical question, “What can you do to help in this crisis?” and answering, “Spend, spend, spend.” Time magazine columnist Margaret Carlson writes that while consumer spending is indeed essential to the country’s economic recovery, it “strike[s] a sour note” for Bush, Giuliani, and other leaders to tell Americans that they can best help their country by spending money on themselves. “In the aftermath of one awful moment, we’ve finally come to understand what our parents meant by a cause larger than ourselves,” she writes. “We’re hungry for a way to help the war effort, honor the dead, and help the survivors. We’re not shunning the perfect marbled steak at Morton’s for want of a tax break but because it feels wrong with planes being shot at in Afghanistan. The fact is there’s going to be no grand mobilization for which we can sacrifice. It’s not our parents’ war, with its visible monsters, quantifiable victories, and necessary sacrifices. The Greatest Generation got to save old tires, dig a Victory Garden, and forgo sugar. The Richest Generation is being asked to shop.” (Carlson 10/15/2001)
New York City Mayor Rudolph Giuliani says NYC government agencies have found that environmental conditions in Lower Manhattan “are not health-threatening… what I’m told is that it is not dangerous to your health.” (Blood 10/27/2001 )
New York City Mayor Rudolph Giuliani angers firefighters when he decides to severely reduce the number of them that can search for remains at Ground Zero. Until now, up to 300 firefighters at a time have been involved in the search and recovery effort. Giuliani’s decision will mean no more than 25 at a time can do so in future. The International Association of Fire Fighters (IAFF) later alleges that, also at this time, Giuliani makes “a conscious decision to institute a ‘scoop-and-dump’ operation to expedite the clean-up of Ground Zero in lieu of the more time-consuming, but respectful, process of removing debris piece by piece in hope of uncovering more remains.” So far, the bodies or remains of 101 firefighters have been recovered, out of the 343 who died at the World Trade Center on 9/11. According to the IAFF, the mayor refuses to even meet with local union presidents about the decision. Due to the ensuing public outcry, Giuliani will modify his policy and allow firefighters back on the pile at Ground Zero. The remains of another 113 firefighters will subsequently be found. The IAFF later alleges that “the mayor’s switch to a scoop-and-dump coincided with the final removal of tens of millions of dollars of gold, silver and other assets of the Bank of Nova Scotia that were buried beneath what was once the towers” (see (Mid-October-mid November 2001)). “Once the money was out, Giuliani sided with the developers that opposed a lengthy recovery effort, and ordered the scoop-and-dump operation so they could proceed with redevelopment.” (Firefighting News (.com) 3/8/2007; Chipman 3/9/2007; Associated Press 3/10/2007) IAFF President Harold Schaitberger later says, “in my opinion, it was more important for him [to] find the gold than it was to continue to find and recover remains.” (MSNBC 7/12/2007)
New York City Mayor Rudolph Giuliani and NYC Health Commissioner Neal Cohen hold a joint press conference in which they state that vehicles contaminated with World Trade Center dust and debris would not be returned because cleaning the vehicles would be “too difficult.” And even if cars were cleaned, safety would be “inconclusive,” they explain. (Steinhauer 12/4/2001)
Soon after leaving his office of mayor of New York City, Rudolph Giuliani opens a consulting company, Giuliani Partners, specializing in security issues. According to a 2007 report, it will earn more than $100 million over the next five years, making Giuliani a wealthy man. Giuliani selects several long-time associates as business partners, including Michael D. Hess, a former corporation counsel for the city of New York and now the senior managing partner of the firm. (Hess was rescued from WTC7 before its collapse.) Giuliani also hires his former police commissioner, Bernard Kerik, despite warnings that Kerik has ties to organized crime figures. Kerik will later be convicted of tax fraud. Some of the firm’s clients will prove controversial. Seisint Inc., a data-mining software company, was advised by Giuliani Partners on how to do business with the federal and state governments. In 2003, press reports will reveal that Seisint’s founder, Hank Asher, is a confessed cocaine smuggler and that Giuliani had touted the company in public speeches without disclosing his financial relationship with Asher. Giuliani also joins a Texas law firm named Blackwell & Patterson, which is then renamed Blackwell & Giuliani. Blackwell is involved in the litigation surrounding both the 2000 and 2004 elections, which were marred by allegations of voting irregularities and fraud. Giuliani’s business deals will prove to be a source of controversy and criticism during his 2007-08 presidential bid. (Solomon and Mosk 5/13/2007; Schnayerson 1/1/2008)
Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), becomes embroiled in a legal conflict involving former New York Police Commissioner Bernard Kerik and his mistress, Judith Regan, a book editor for another arm of Fox News’s parent company News Corporation (NewsCorp). Ailes learns that Kerik has commandeered an apartment overlooking the site of the devastated World Trade Center, intended for the use of rescue and recovery workers, as a “love nest” for his trysts with Regan. Ailes is a close friend and political ally of former New York Mayor Rudolph Giuliani, who recommended Kerik to head the Department of Homeland Security. Kerik is already being pilloried in the press for a number of other ethical and perhaps even criminal activities, and is being vetted for the DHS slot. Ailes and Giuliani do not want the Kerik-Regan affair, and the commandeered apartment, to come to the public’s notice. Court documents later say that Ailes “told Regan that he believed she had information about Kerik that, if disclosed, would harm Giuliani’s presidential campaign.” Ailes “advised Regan to lie to, and to withhold information from, [federal] investigators concerning Kerik.” The attempted cover-up will later be brought to light when NewsCorp fires Regan in 2006, and she brings a wrongful-termination suit that secures a $10.75 million settlement. Regan will not identify Ailes by name, only as a “senior executive” for NewsCorp, but other documents accidentally made public will reveal Ailes’s identity. Reportedly, Regan has her telephone conversations with Ailes on tape. NewsCorp will later claim that Regan has sent it a letter stating that “Mr. Ailes did not intend to influence her with respect to a government investigation.” Regan’s lawyer will say that NewsCorp’s claim does not reflect the entirety of Regan’s letter. Kerik himself will withdraw his name from consideration, and will later be sentenced to four years in prison for tax fraud. (Chait 2/24/2011; Martinez 2/24/2011; Buettner 2/25/2011; Sherman 5/22/2011)
The 9/11 Commission’s staff team that is investigating the emergency response on 9/11 comes to the conclusion that New York City was, in author Philip Shenon’s words, “shockingly ill-prepared for the attacks.” It is clear to the investigators that former Mayor Rudy Giuliani was largely responsible for what went wrong.
Two Major Problems - One problem was that New York’s emergency command center, based on the 23rd floor of World Trade Center 7, was knocked out early in the attacks, leaving the emergency response without a focal point, and the police and fire departments set up separate command posts (see (9:05 a.m.) September 11, 2001, (9:50 a.m.-10:10 a.m.) September 11, 2001, and (After 10:28 a.m.-12:00 pm.) September 11, 2001). The command center, sometimes referred to as “Rudy’s bunker,” was criticized when it was built precisely because this problem was foreseen (see June 8, 1999). In addition, the radios used by firefighters in the World Trade Center failed to work on 9/11. The same problem was encountered during the response to the 1993 WTC bombing (see February 26, 1993), but the solution that was implemented—a repeater to boost the radios’ signal—did not work on the day of the attacks. This problem was especially grave, as many firefighters were instructed to flee the about-to-collapse towers, but did not hear the instruction due to the poor radio system and died as a result (see (Between 9:59 a.m. and 10:28 a.m.) September 11, 2001).
Tempering Criticism - However, the team, led by former New Jersey attorney general John Farmer, is aware that Giuliani’s image as a global hero after the attacks could complicate matters. Shenon will describe their thinking: “But would the Commission be willing to take on the most popular political figure in the country—the president-in-waiting, it seemed?… [Giuliani] was a hero, the embodiment of everything Americans wanted to believe about themselves about 9/11.” Therefore, “Farmer and his team always qualif[y] their criticism of the former mayor.” Nevertheless, the Commission’s two staff statements issued during the hearings about this topic in New York will be extremely critical of Giuliani. (Shenon 2008, pp. 347-350)
The second day of the 9/11 Commission hearings about the emergency response on the day of the attacks is dominated by questioning of former New York Mayor Rudy Giuliani, which Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will describe as the Commission’s “low point.” (Kean and Hamilton 2006, pp. 226-228) Giuliani had become a hero after the attacks, winning the Time magazine Person of the Year award, and the Commission was aware that it had to be careful about how it handled material it had uncovered putting him in a bad light (see Before May 17, 2004 and May 18, 2004). (Pooley 12/22/2001) However, commissioner John Lehman had attacked the city’s preparedness the previous day, leading to a major row (see May 18, 2004). Author Philip Shenon will describe the hearing as a “Rudy Giuliani lovefest,” pointing out that, “Many of the questions directed at Giuliani by the commissioners barely qualified as softballs, they were so gentle.” (Shenon 2008, pp. 355-356)
'The Captain Was on the Bridge' - Kean and Hamilton will admit that every commissioner “opens his or her questioning with lavish praise.” For instance, Richard Ben-Veniste says, “Your leadership on that day and in the days following gave the rest of the nation, and indeed the world, an unvarnished view of the indomitable spirit and the humanity of this great city, and for that I salute you.” Jim Thompson thanks Giuliani for “setting an example to us all.” Lehman says: “There was no question the captain was on the bridge.” Kean says, “New York City on that terrible day in a sense was blessed because it had you as a leader.” (Kean and Hamilton 2006, pp. 226-228)
'Stop Kissing Ass!' - However, Giuliani suggests that hundreds of firefighters died when the North Tower collapsed because they had chosen to remain in the building, not because they had not received the order to evacuate due to problems with their radio system. This angers some of the audience members, who shout out, “Talk about the radios!” “Put one of us on the panel—just one of us!” “Stop kissing ass!” and: “My brother was a fireman, and I want to know why three hundred firemen died. And I’ve got some real questions. Let’s ask some real questions. Is that unfair?” (Shenon 2008, pp. 355-356)
'We Did Not Ask Tough Questions' - Kean and Hamilton will later write: “The questioning of Mayor Giuliani was a low point in terms of the Commission’s questioning of witnesses at our public hearings. We did not ask tough questions, nor did we get all of the information we needed to put on the public record. We were affected by the controversy over Lehman’s comments, and by the excellent quality of the mayor’s presentation.” (Kean and Hamilton 2006, pp. 226-228)
In early August 2004, Bush administration officials make multiple television appearances to defend increased alert levels in three cities during the previous week (see August 1, 2004). They also highlight the administration’s focus on terror threats. National Security Adviser Condoleezza Rice says “You have to go out and warn. You have a duty to warn.” New York City Mayor Rudolph Giuliani, appearing on the same program, says that he takes the warnings “very seriously,” adding that they “helped to make us even more alert.” However, retired General Wesley Clark, former NATO supreme commander and Democratic presidential nominee, says that the way in which the warnings are used “undercut the credibility of the system.” Former counterterrorism “tsar” Richard Clarke says the Bush administration’s warning system is “a laughingstock” among state, local and business officials he has talked to. He says that Secretary of Homeland Security Tom Ridge “is not a good spokesman for this issue. When he says things like ‘Here’s a warning,’ then in the next breath says the president is doing a great job, that just raises suspicions.” (CNN 8/9/2004) Criticism of the terror alert system is wide-ranging. Robert Butterworth, a trauma psychologist in Los Angeles, says the alert system creates “anticipatory anxiety,” in which unnecessary fear is spread among the public. Others believe that the very nature of the system is counter-productive. Robert Pfaltzgraff, a security expert at Tufts University, says that the system could alert terrorists to the information discovered by US officials and could jeopardize sources. The alerts could also be used by terrorists to mislead US officials. “Everyone is looking at truck bombs, car bombs, and suicide bombers,” says Randall Larsen, CEO and founder of Homeland Security Associates; “How about if they planned a different kind of attack?” An increase in the alert level could also be seen as a challenge by a dedicated terrorist cell. “There’s going to be a core group of people who want to do it in any event, and might even view it is a dare to see if they can actually do it,” says Juliette Kayyem, a homeland security specialist at Harvard University. “Basically it’s been a failed system so far.” (Miller 8/4/2004)
President Bush nominates former New York City Police Commissioner Bernard Kerik to head the Department of Homeland Security, replacing outgoing DHS head Tom Ridge. Kerik is a close friend and political ally of former New York Mayor Rudolph Giuliani, who pushed Kerik for the position. Kerik also actively campaigned for Bush in the recent presidential campaign. “Bernie Kerik is one of the most accomplished and effective leaders of law enforcement in America,” Bush says. “In every position, he has demonstrated a deep commitment to justice, a heart for the innocent, and a record of great success. I’m grateful he’s agreed to bring his lifetime of security experience and skill to one of the most important positions in the American government.” Kerik recently returned from a stint in Iraq, where he trained Iraqi police officials (see May 2003 - July 2003). Kerik was also in charge of New York City police activities during the 9/11 attacks (see (After 10:28 a.m.-12:00 pm.) September 11, 2001). Kerik says: “I know what is at stake. On September 11, 2001, I witnessed firsthand the very worst of humanity and the very best.… I saw hatred claim the lives of 2,400 innocent people, and I saw the bravest men and women I will ever know rescue more than 20,000 others.” Bush says of Kerik: “He was there when the Twin Towers collapsed—he knew the faces of the rescuers who rushed toward danger, he attended the funerals for the officers who didn’t come back. Bernie Kerik understands the duties that came to America on September 11. The resolve he felt that morning will guide him every day on his job and every first responder defending our homeland will have a faithful ally in Bernie Kerik.” Congressional Republicans laud Kerik’s nomination. Senator Susan Collins (R-ME), the chair of the Senate Governmental Affairs Committee, which oversees DHS, calls Kerik a “strong candidate” for the post. “He knows first hand the challenges this country faces in guarding against terrorist attacks,” Collins says. House Homeland Security Committee Chairman Christopher Cox (R-CA) calls Kerik “the perfect choice for the job,” and goes on to say: “There is no doubt that Bernie is a strong, no-nonsense manager who is intimately familiar with the homeland security mission. The new standing Committee on Homeland Security will work closely with him to build on the strong foundations laid by Tom Ridge to secure America against terrorism.” Some Democrats, including Senator Charles Schumer (D-NY), also praise Kerik’s nomination. “Coming from New York, Bernie Kerik knows the great needs and challenges this country faces in homeland security,” Schumer says. “He has a strong law enforcement background and I believe will do an excellent job in fighting for the resources and focus that homeland security needs and deserves in our post-9/11 world.” Kerik’s biggest drawback as the choice to head DHS may be his lack of experience in managing a federal bureaucracy, some observers say. Former New York Police Commissioner Howard Safire says of Kerik: “Bernie is a very good operational person, he knows how to run the operation. What he needs to learn and what he’s going to need help with is the Washington bureaucracy.” DHS is an umbrella department overseeing and managing 22 separate federal agencies and some 200,000 employees and contract workers. (Stevenson and Drew 12/2/2004; Porteus 12/3/2004; McClellan 2008, pp. 245-246) “People here are waiting to find out who this guy is and what changes he’ll bring,” says an anonymous Homeland Security senior official. “He’s really an unknown factor here in Washington.” (Lichtblau and Stevenson 12/4/2004) In 2008, Scott McClellan, the current White House press secretary, will describe DHS as “still in its infancy and still struggling to define its identity,” and will call it a “vast, unwieldy agglomeration of dozens of formerly independent agencies, now bundled together under one name, and with a new focus (physical threats to the American ‘homeland’) that sometimes contradicted the old mandates. Homeland Security was hampered by bureaucratic infighting, incredibly complex coordination challenges, and slumping employee morale.” (McClellan 2008, pp. 245-246) Less than two weeks later, Kerik will withdraw his name from consideration, ostensibly over a problem with an illegal immigrant he hired to babysit his children (see December 13, 2004), though some believe his withdrawal is spurred by the media’s interest in his business dealings (see December 9-10, 2004).
Some are quietly expressing criticism or a lack of surety about the recent nomination of former New York Police Commissioner Bernard Kerik to head the Department of Homeland Security (DHS—see December 3, 2004). The New York Times questions Kerik’s qualifications for the post and what it calls “some troubling parts of his record.” The Times says, “A homeland security secretary should be above politics and respectful of civil liberties,” and that Kerik is neither, as he campaigned for the reelection of President George W. Bush, and suggested that criticism of the Iraq War was tantamount to aiding the enemy, and that the election of Kerry would result in a terrorist attack. It is also unclear why Kerik abruptly left Iraq in the summer of 2003, just when he should have been settling into his new job of training security forces (see May 2003 - July 2003). The Times says the public should know more about Kerik’s duties at Giuliani-Kerik LLC, a consulting firm Kerik operates with former New York Mayor Rudolph Giuliani, and raises questions about potential conflicts of interest: “Mr. Kerik should offer assurances that former clients and colleagues will not get preferential treatment. He has had difficulty with ethical lines in the past. In 2002, he paid a fine for using a police sergeant and two detectives to research his autobiography.” The Times also notes Kerik’s “enormously profitable” stint as a board member of Taser International, the stun-gun manufacturer, saying this deserves scrutiny. (New York Times 12/9/2004) Kerik will be doing business with some of the firms that made him wealthy, Times reporter Eric Lipton observes, particularly Taser International, even though he has promised to resign from that firm’s board of directors and sell his remaining stock if he is confirmed as DHS secretary. The price of Taser stock has risen sharply in recent months, largely because Kerik has done an excellent job of pitching the company’s product to police departments around the country. Kerik has also led the push to bring federal business to Taser, including contracts offered by DHS. Taser president Thomas Smith says: “Anyone in a federal law enforcement position is a potential customer. And we are going to continue to go after that business.” Kerik refuses to discuss his position with Taser with the press. Bush administration spokesman Brian Besanceney promises Kerik will adhere to “the highest ethical standards” and ensure there are no conflicts of interest. “In order to avoid even an appearance of a conflict, he will comply with all ethics laws and rules to avoid acts that might affect former clients or organizations where he served as a director,” Besanceney says. Under Kerik, the New York Police Department became one of the first departments in the country to purchase large amounts of Taser stun guns. (Lipton 12/10/2004)
Bernard Kerik, the former New York City police commissioner, withdraws his name from consideration to become the nation’s next head of the Department of Homeland Security (DHS—see December 3, 2004). Kerik says he found information showing that a woman he had hired as a housekeeper and nanny was an illegal immigrant; DHS oversees the Immigration and Customs Enforcement (ICE) agency. Kerik says that the discovery prompted him to withdraw his name from consideration. In a letter to President Bush, Kerik writes that although it is “the honor of a lifetime” to be nominated to head the department, “I am convinced that, for personal reasons, moving forward would not be in the best interests of your administration, the Department of Homeland Security, or the American people.… I uncovered information that now leads me to question the immigration status of a person who had been in my employ as a housekeeper and nanny. It has also been brought to my attention that for a period of time during such employment required tax payments and related filings had not been made.” He says that he cannot allow personal matters to “distract from the focus and progress of the Department of Homeland Security and its crucial endeavors.”
Questionable Stock Transactions May Be behind Kerik's Withdrawal - Some Democrats believe that the real reason for Kerik’s withdrawal may be questions about his involvement with Taser International, a stun gun company that does business with DHS; Kerik recently made $6.2 million by exercising stock options in that firm (see December 9-10, 2004). Kerik’s close friend and business colleague, former New York Mayor Rudolph Giuliani, says of Kerik’s choice: “I’m disappointed that this had to happen, but I think it’s the right decision, the only decision given the kind of issue that’s involved here. I don’t think this would be as major an issue if it were a different department of government.… When an issue like this emerges, it makes it impossible to go forward.” Kerik’s lawyer, Joseph Tacopina, says Kerik is the one who decided to withdraw his name. “It was Bernie Kerik who uncovered this [the information about the nanny] on his own. He brought it to the White House,” says Tacopina. “He wanted to put the country first. He didn’t want to distract the president and distract the important mission that Homeland Security has.” As he withdraws his name from consideration, Kerik has still not completed his ethics filings, which will disclose his sources of income and financial liabilities, and the FBI has not yet completed its background investigation of him. (Associated Press 12/13/2004; Lipton and Rashbaum 12/13/2004) A Democratic Senate staff member says he is unsure whether the nanny issue is the only reason why Kerik withdrew his name from consideration. “Multiple media organizations were pursuing multiple stories” that would be potentially damaging to Kerik, the staffer says. Because many of these questions had not yet been answered by the administration, “fundamentally, he was a bad pick.… The process worked here.” (Bumiller and Lipton 12/12/2004) The press has begun looking into other aspects of Kerik’s financial life, including the possibility that Kerik, while serving as police commissioner, helped a close friend, Frank DiTommaso, with suspected ties to the Gambino crime family get a construction license from the city in return for over $7,000 in cash and gifts. DiTommaso denies having any ties to organized crime, but city regulators later denied the license, citing their suspicions of just such ties. The White House denies knowing about any such connections between Kerik and DiTommaso. (Rashbaum and Flynn 12/13/2004) Other ethical, financial, and perhaps criminal questions surround Kerik’s withdrawal, though they will not surface until months or years later. (McClellan 2008, pp. 245-246)
Kerik Unqualified for Position? - The New York Press’s editorial staff writes that Kerik was never qualified for the job, and that his candidacy is built upon what the editorial staff calls “the myth of Rudy Giuliani and 9/11.… The Rudy-9/11 myth is crucial to Kerik’s nomination, because without this myth there is no Rudy the National Player, and without Rudy the National Player there is no nomination of brusque outsider Bernie Kerik to a major cabinet post in Washington.” Kerik himself, the Press notes, is a senior vice president at Giuliani Partners LLC, where his reputation and manner help sell security-related products: “Because Kerik was acting chief of police when the planes slammed into the towers, and because Kerik embodies the Rudy myth by association, he is a golden moustache on the terror-business circuit, where he tells corporations and government agencies that another attack is on the way—especially if Democrats are in power—and that Nextel (or whoever) is the company to help them prepare for it.” Nothing in Kerik’s career, the Press observes, has prepared him to lead a sprawling federal bureaucracy, nor does he have any grounding in the world of international intelligence, “a critical field of knowledge for the incoming secretary.” The Press writes: “Homeland Security is meant to act as the ‘fusion center’ for all US intelligence operations. Whatever Kerik knows about this stuff, he likely gleaned from [action novelist] Tom Clancy.” (New York Press 12/14/2004)
Media Did Its Job in Exposing Kerik's Flaws - In 2008, Scott McClellan, the current White House press secretary, will write: “After Bush nominated Kerik for secretary of Homeland Security… revelations about his behavior began flying. This was one episode in which the media illustrated the vital role the press can play in uncovering genuine malfeasance by public officials. Frankly, the media did a better job of vetting Bernard Kerik than the Bush administration did. Kerik was left with no choice but to resign.” (McClellan 2008, pp. 245-246)
A book is released that questions the conventional heroic image of then New York City Mayor Rudolph Giuliani on 9/11. Grand Illusion: The Untold Story of Rudy Giuliani and 9/11 is by investigative reporters Wayne Barrett and Dan Collins. Barrett is a senior writer at the Village Voice, and Collins is a senior producer at CBSNews.com. (Roane 8/22/2006) For their book, they had exclusive access to never before seen 9/11 Commission interviews, and managed to get frank statements from some central figures, though Giuliani himself refused to be interviewed. (Barrett and Collins 2006, pp. 363; Henican 8/23/2006) The New York Daily News calls the book an “exhaustively researched and unsentimental peek behind the mythology [that] strongly suggests that Giuliani and his top deputies committed many errors that did grave, even fatal, harm to citizens, emergency responders and recovery teams before, on and after that terrible day.” (Louis 8/22/2006) The book criticizes Giuliani’s claim that, after becoming mayor in 1994, he made preparing New York’s response to a future terrorist attack a priority. According to Barrett and Collins’ research, in the aftermath of the 1993 WTC bombing, he in fact failed to understand the importance of preparing the city for another attack. They write, “The facts—depressing but unavoidable—were that Giuliani had allowed the city to meet the disaster of September 11 unprepared in a myriad of ways.” (Roane 8/22/2006; Henican 8/23/2006) The book criticizes Giuliani’s decision to locate New York’s emergency command center on the 23rd floor of World Trade Center Building 7—across the street from an obvious terrorist target—despite the objections of senior fire and police officials. (Louis 8/22/2006; Barrett 9/11/2006; Mahler 11/12/2006) The inadequacy of fire department radios on 9/11 is examined in detail. These same radios had failed when used at the 1993 WTC bombing. New radios were only provided in March 2001, but these failed in their first week of use and were withdrawn. Also, the fact that the police and fire departments were equipped with incompatible radios meant that many firefighters did not get the mayday call to evacuate the North Tower before it collapsed on 9/11. (Roane 8/22/2006; Barrett 9/11/2006; Democracy Now! 1/3/2007) The book also criticizes the fact that, after 9/11, construction workers and firefighters were permitted to work at Ground Zero without protective respiratory gear. Subsequently, thousands of them became afflicted with upper respiratory illnesses. (Louis 8/22/2006) Grand Illusion receives much praise, though the New York Times criticizes its “relentlessly hostile tone,” which, it claims, “undermines the authors’ case.” (Mahler 11/12/2006)
Norman Podhoretz, one of the founding fathers of neoconservatism, meets with President Bush to urge a military strike against Iran. Podhoretz meets privately with Bush at the Waldorf Astoria hotel in New York City, with Bush’s political adviser Karl Rove taking notes. The meeting is not logged in Bush’s schedule. Podhoretz will become senior foreign policy adviser to presidential candidate Rudolph Giuliani (R-NY) (see October 28, 2007). The London Times characterizes the meeting as evidence of “the enduring influence of the neoconservatives at the highest reaches of the White House, despite some high-profile casualties in the past year.”
Iran Discussed - Podhoretz will say of his meeting with Bush: “I urged Bush to take action against the Iranian nuclear facilities and explained why I thought there was no alternative.… I laid out the worst-case scenario—bombing Iran—versus the worst-case consequences of allowing the Iranians to get the bomb.” Podhoretz recalls telling Bush: “You have the awesome responsibility to prevent another holocaust. You’re the only one with the guts to do it.” Podhoretz recalls Bush looking “very solemn.” Primarily, Bush listens without responding, though Podhoretz will recall both Bush and Rove laughing when he mentions giving “futility its chance,” a phrase used by fellow neoconservative Robert Kagan about the usefulness of pursuing United Nations sanctions against Iran.
No Sign of Agreement - “He gave not the slightest indication of whether he agreed with me, but he listened very intently,” Podhoretz will recall. Podhoretz is convinced that “George Bush will not leave office with Iran having acquired a nuclear weapon or having passed the point of no return”—a reference to the Iranians’ acquisition of sufficient technical capability to produce a nuclear weapon. “The president has said several times that he will be in the historical dock if he allows Iran to get the bomb. He believes that if we wait for threats to fully materialize, we’ll have waited too long—something I agree with 100 percent.”
No Need to Use Nukes - Podhoretz tells Bush that the US could neutralize Iran’s nuclear program without using its own nuclear weapons: “I’m against using nuclear weapons and I don’t think they are necessary.” Podhoretz is preparing a book, World War IV: The Long Struggle Against Islamofascism, which echoes the points he makes with Bush. According to Podhoretz, World War IV is the global struggle against terrorism (World War III was the Cold War between the US and the Soviet Union). “The key to understanding what is happening is to see it as a successor to the previous totalitarian challenge to our civilization,” he says. Podhoretz asserts that Iraq, Afghanistan, and Iran are merely different fronts of the same long war. (Baxter 9/30/2007) Podhoretz says that “the debate [over Iran] is secretly over and the people who are against military action are now preparing to make the case that we can live with an Iranian bomb.” (Harnden 11/1/2007)
Reactions to President Bush’s commutation of Lewis Libby’s prison sentence (see July 2, 2007) are mixed, and split largely along partisan divides.
Democrats: Commutation 'Disgraceful,' 'Tramples' on Principle of Equal Justice - Senate Majority Leader Harry Reid (D-NV) calls the decision “disgraceful” and says history will judge Bush “harshly” for it. Senator Barack Obama (D-IL), a 2008 presidential contender, says, “This is exactly the kind of politics we must change so we can begin restoring the American people’s faith in a government that puts the country’s progress ahead of the bitter partisanship of recent years.” Senator Hillary Clinton (D-NY), another presidential candidate, says Bush’s decision shows that “cronyism and ideology trump competence and justice.” Former Senator John Edwards (D-NC), another presidential contender, says, “Only a president clinically incapable of understanding that mistakes have consequences could take the action he did today.” Senator Joe Biden (D-DE), another presidential hopeful, states, “I call for all Americans to flood the White House with phone calls tomorrow expressing their outrage over this blatant disregard for the rule of law.” Senator Charles Schumer (D-NY) says: “As Independence Day nears, we’re reminded that one of the principles our forefathers fought for was equal justice under the law. This commutation completely tramples on that principle.” House Speaker Nancy Pelosi (D-CA) says Bush has “abandoned all sense of fairness when it comes to justice.… The president’s commutation of Scooter Libby’s prison sentence does not serve justice, condones criminal conduct, and is a betrayal of trust of the American people.” House Judiciary Committee chairman John Conyers (D-MI) says that “until now, it appeared that the president merely turned a blind eye to a high ranking administration official leaking classified information. The president’s action today makes it clear that he condones such activity.”
Republicans: Commutation 'the Right Thing' but Political Damage May Be Severe - While most Republican lawmakers do not issue public comments, House Minority Whip Roy Blunt (R-MO) says: “President Bush did the right thing today in commuting the prison term for Scooter Libby. The prison sentence was overly harsh, and the punishment did not fit the crime.” Former Senator Fred Thompson, also a 2008 presidential hopeful and a long-time supporter of Libby’s (see After October 28, 2005 and March 7, 2007), says Bush should issue a full pardon for Libby, adding, “This will allow a good American who has done a lot for his country to resume his life.” Republican presidential candidate Rudy Giuliani calls the commutation a “reasonable” and “correct” decision. (Allen 7/2/2007; CNN 7/2/2007; Goldstein 7/3/2007) But other Republicans are not so sanguine. “The dirty little secret is that in his own way, Bush has shown as much contempt for the law as [former President Bill] Clinton did,” says Curt Smith, a speechwriter for President George H. W. Bush. An unidentified Washington Republican says, “We have now witnessed the evisceration of the Bush presidency by its own hand.” A senior Republican operative observes: “Thirty months in jail was absolutely excessive, but zero is offensive to the average American. Commuting to 60 days in jail would have made this a lot more palatable to the average person.” (DeFrank 7/8/2007)
Wilson: Libby a 'Traitor' Who 'Endangered ... Country's National Security' - Joseph Wilson, a former ambassador and vehement war critic whose wife, Valerie Plame Wilson, was exposed as a covert CIA agent by Libby, says both he and his wife are “deeply disappointed” by Bush’s decision. “The president’s actions send the message that leaking classified information for political purposes is acceptable,” Wilson says. “Mr. Libby not only endangered Valerie and our family, but also our country’s national security.” Asked if he has anything to say to Libby, Wilson says with apparent anger: “I have nothing to say to Scooter Libby. I don’t owe this administration. They owe my wife and my family an apology for having betrayed her. Scooter Libby is a traitor.”
Law Professor Calls Commutation 'Hypocritical and Appalling' - Law professor Douglas Berman says the commutation is “hypocritical and appalling from a president whose Justice Department is always fighting” attempts by judges and lawmakers to lower the punishment called for under federal sentencing guidelines. Berman says Bush’s message amounted to “My friend Scooter shouldn’t have to serve 30 months in prison because I don’t want him to.” Most polls show overwhelming public support for Libby’s jailing. (Allen 7/2/2007; CNN 7/2/2007; Goldstein 7/3/2007)
Rudolph Giuliani, the former New York City mayor who is running a campaign for the Republican presidential nomination centered on strong national security and aggressive foreign policy, surrounds himself with a group of hardline neoconservative advisers:
Neoconservative eminence Norman Podhoretz (see October 28, 2007). Podhoretz says, “I decided to join Giuliani’s team because his view of the war [on terror]—what I call World War IV—is very close to my own.” Podhoretz has said he “hopes and prays” President Bush attacks Iran. (Hirsh 10/15/2007) Giuliani says of Podhoretz’s advocacy of US military action against Iran, “From the information I do have available, which is all public source material, I would say that that is not correct, we are not at that stage at this point. Can we get to that stage? Yes. And is that stage closer than some of the Democrats believe? I believe it is.” (Cooper and Santora 10/25/2007)
Michael Rubin, a former Pentagon official and current American Enterprise Institute scholar who argues that Secretary of State Condoleezza Rice’s diplomacy is “dangerous” and signals American “weakness” to Tehran and advocates revoking the US ban on assassination;
Stephen Rosen, a Harvard hawk who wants major new defense spending and has close ties to prominent neoconservative Bill Kristol;
Former senator Bob Kasten (R-WI), who often sided with neocons during the Reagan years; and
Daniel Pipes, who opposes a Palestinian state and believes America should “inspire fear, not affection.” Pipes has advocated the racial profiling of Muslim-Americans, argued that the internment of Japanese-Americans during World War II was not morally offensive, and has, in his own words, advocated “razing [Palestinian] villages from which attacks are launched” on Israel. (Hirsh 10/15/2007; Cooper and Santora 10/25/2007; Harnden 11/1/2007) Pipes is even “further out ideologically than Norman Podhoretz,” writes Harper’s Magazine reporter Ken Silverstein. (Silverstein 8/28/2007)
Support for Israel's Likud - Some Giuliani advisers, including Kasten, former State Department aide and political counselor Charles Hill, and Islam expert Martin Kramer (who has attacked US Middle East scholars since 9/11 for being soft on terrorism) indicate Giuliani’s alignment with the right-wing hawks of Israel’s Likud Party, notes Forward Magazine: pro-Israeli lobbyist Ben Chouake says Giuliani is “very serious about his approach to ensuring the security and safety of Israel.” (Siegel 7/18/2007) Giuliani has a long record of supporting Israel’s right wing; as early as 1995, he publicly insulted Palestinian leader Yasser Arafat, and in 2001, told an Israeli audience that the US and Israel are “bound by blood.” (Hirsh 10/15/2007) Giuliani says he wants to expand the North American Treaty Organization (NATO) and invite Israel to join. (Cooper and Santora 10/25/2007) A Republican political operative calls Giuliani’s advisers “red-meat types” chosen to cloak Giuliani’s near-complete lack of foreign experience. The operative says that Giuliani is also trying to head off criticism for his departure from the Iraq Study Group (see December 2006) before it finished its report. Republican attorney Mark Lezell, who supports Giuliani opponent Fred Thompson, says, “The concern with that particular team is that they have been at the forefront of policies that have yet to succeed and could well qualify as political baggage.” (Siegel 7/18/2007)
'Out-Bushing Bush' - Not all of Giuliani’s foreign affairs advisers are neocons. His policy coordinator, Hill, takes a more centrist view and says, perhaps disingenuously, “I don’t really know much about neoconservatives,” adding, “I don’t know of a single person on the campaign besides Norman [Podhoretz] who is a self-identified, card-carrying member of this neocon cabal with its secret handshakes.” Hill says the US should “deliver a very clear message to Iran, very clear, very sober, very serious: they will not be allowed to become a nuclear power,” but stops short of advocating a military solution. Richard Holbrooke, a foreign policy adviser to Democratic candidate Senator Hillary Clinton (D-NY), says jocularly that Giuliani is “positioning himself as the neo-neocon.” Dimitri Simes of the Nixon Center says of Giuliani’s team, “Clearly it is a rather one-sided group of people. Their foreign-policy manifesto seems to be ‘We’re right, we’re powerful, and just make my day.’ He’s out-Bushing Bush.” (Hirsh 10/15/2007; Lake 10/25/2007)
In an op-ed, the New York Times calls the idea that the US has “the best health care system in the world,” as recently stated by President Bush, or provides “the best medical care in the world,” as recently stated by former New York City Mayor Rudolph Giulani, a “delusion.” “That may be true at many top medical centers,” the Times writes. “But the disturbing truth is that this country lags well behind other advanced nations in delivering timely and effective care.” The Times notes that in 2000, the World Health Organization (WHO) ranked the health care systems of 191 nations. France and Italy were first and second; the US came in 37th. The Times notes a more recent study by “the highly regarded Commonwealth Fund,” which “has pioneered in comparing the United States with other advanced nations through surveys of patients and doctors and analysis of other data”; the latest Commonwealth Fund study put the US last among six highly developed nations (see May 15, 2007). “Other comparative studies also put the United States in a relatively bad light,” the Times notes.
Lack of Universal Coverage - Unlike every other major industrialized nation, the US does not provide universal health coverage. In the US, some 45 million people have no health insurance whatsoever, and millions more suffer with poor coverage. The Times writes, “Although the president has blithely said that these people can always get treatment in an emergency room, many studies have shown that people without insurance postpone treatment until a minor illness becomes worse, harming their own health and imposing greater costs.”
Lack of Access - While citizens of foreign nations often face longer waits before they can see specialists or undergo elective surgery than do Americans in comparable situations, “[t]he real barriers here are the costs facing low-income people without insurance or with skimpy coverage.” However, “even Americans with above-average incomes find it more difficult than their counterparts abroad to get care on nights or weekends without going to an emergency room, and many report having to wait six days or more for an appointment with their own doctors.”
Unfair Disparities - The dichotomy between the care provided to economically well-off Americans and their more economically challenged fellows is worse than in any other industrialized nation. “Americans with below-average incomes are much less likely than their counterparts in other industrialized nations to see a doctor when sick, to fill prescriptions, or to get needed tests and follow-up care.”
Unhealthy Living - The US ranks last among 23 nations in its infant mortality rate—more American children die in infancy than in 22 other countries. “But the problem is much broader,” the Times continues. “We rank near the bottom in healthy life expectancy at age 60, and 15th among 19 countries in deaths from a wide range of illnesses that would not have been fatal if treated with timely and effective care. The good news is that we have done a better job than other industrialized nations in reducing smoking. The bad news is that our obesity epidemic is the worst in the world.”
Varying Quality - The Commonwealth Fund study notes that the US ranks first in providing the correct care for a given condition, and does very well in providing preventative care to its citizens. But it does much worse in coordinating the care of chronically ill patients, in protecting the safety of patients, and in meeting the needs and preferences of patients. Overall, the quality of health care in the US is the lowest among the six nations profiled by the study.
Varying Survival Rates - US citizens live longer than their foreign counterparts with breast cancer, and second-longest with cervical cancer and childhood leukemia. But US citizens rank last or next-to-last in life expectancy for patients with kidney transplants, liver transplants, colorectal cancer, circulatory diseases, respiratory diseases, diabetes, bronchitis, asthma, and emphysema.
Poor Patient Satisfaction - Only 40 percent of Americans are satisfied with the nation’s health care system. Of 17 countries surveyed, the US comes in 14th. The US ranks first in negative public perceptions, with a third of Americans calling for a system-wide revamp of American health care.
Poor Use of Information Technology - American health care providers are years behind their foreign counterparts in their use of information technology, electronic medical records, electronic prescriptions, and more. “This makes it harder to coordinate care, spot errors, and adhere to standard clinical guidelines,” the Times writes.
Conclusion - “With health care emerging as a major issue in the presidential campaign and in Congress, it will be important to get beyond empty boasts that this country has ‘the best health care system in the world’ and turn instead to fixing its very real defects,” the Times concludes. “The main goal should be to reduce the huge number of uninsured, who are a major reason for our poor standing globally.… The world’s most powerful economy should be able to provide a health care system that really is the best.” (New York Times 8/12/2007)
Neoconservative founder Norman Podhoretz, a senior foreign adviser to Republican presidential frontrunner Rudolph Giuliani, says the US has no other choice than to bomb Iran. Podhoretz says heavy and immediate strikes against Iran are necessary to prevent that country from developing nuclear weapons. “None of the alternatives to military action—negotiations, sanctions, provoking an internal insurrection—can possibly work,” Podhoretz says. “They’re all ways of evading the terrible choice we have to make which is to either let them get the bomb or to bomb them.” Podhoretz says that such strikes would be effective: “People I’ve talked to have no doubt we could set [Iran’s nuclear program] five or 10 years. There are those who believe we can get the underground facilities as well with these highly sophisticated bunker-busting munitions.” (Podhoretz does not identify the people he has “talked to.”) “I would say it would take five minutes. You’d wake up one morning and the strikes would have been ordered and carried out during the night. All the president has to do is say go.” Giuliani has echoed Podhoretz’s belligerence towards Iran; last month, Giuliani told a London audience that Iran should be given “an absolute assurance that, if they get to the point that they are going to become a nuclear power, we will prevent them or we will set them back five or 10 years.” Podhoretz says he was pleasantly surprised to hear Giuliani make such assertions: “I was even surprised he went that far. I’m sure some of his political people were telling him to go slow…. I wouldn’t advise any candidate to come out and say we have to bomb—it’s not a prudent thing to say at this stage of the campaign.” Podhoretz has given President Bush much the same advice (see Spring 2007).
'Irrational' 'Insanity' - Nation editor Katrina vanden Heuvel blasts the “immorality and illegality” of Podhoretz’s “death wish,” and notes that such “military action would be irrational for both sides. The US military is already stretched to the breaking point. We’d witness unprecedented pandemonium in oil markets. Our troops in Iraq would be endangered.” Vanden Heuvel cites the failure to destroy Saddam Hussein’s Scud missiles during six weeks of bombings in 1991 (see January 16, 1991 and After), and the failure of the Israeli bombing of Iraq’s Osirak reactor (see June 7, 1981) to curb “regional [nuclear] proliferation.” She concludes, “Podhoretz and his insanity will embolden Iranian hardliners, plunge the region into even greater and darker instability and undermine our security.” (Heuvel 10/28/2007)
Giuliani's Stable of Neocons - Since July 2007, Giuliani has surrounded himself with a group of outspoken hardline and neoconservative foreign policy advisers (see Mid-July 2007).
Republican presidential candidates Rudolph Giuliani (R-NY), John McCain (R-AZ), and Mitt Romney (R-MA) come out against the Law of the Sea treaty, saying that the treaty infringes on the natural rights of the United States. That treaty, signed in 1982, is supported by organizations and government entities as disparate as the Sierra Club and the US Navy, and provides what author J. Peter Scoblic will call “a commonsense agreement… that define[s] national responsibilities governing use of an international resource, the oceans.” Explaining his stance, Giuliani says, “I cannot support the creation of yet another unaccountable international bureaucracy that might infringe on American sovereignty and curtail America’s freedoms.” (Scoblic 2008, pp. 267)
Senator John McCain (R-AZ), considered a leading candidate for the Republican presidential nomination, says former New York Police Commissioner Bernard Kerik did an irresponsible job training police officers in Iraq (see May 2003 - July 2003). McCain’s criticism of Kerik is an indirect means of attacking former New York City Mayor Rudolph Giuliani, another Republican presidential contender. Kerik withdrew his name from consideration for head of the Department of Homeland Security—a position Giuliani recommended him for—amid questions about his corrupt business practices (see December 13, 2004). McCain, whose comments are made the same day Kerik surrenders to face federal corruption charges in New York, says Giuliani’s longtime friendship and business relationships with Kerik are reason to doubt Giuliani’s judgment. McCain says of Kerik’s job performance in Iraq: “I don’t know Mr. Kerik. I do know that I went to Baghdad shortly after the initial victory and met in Baghdad with [then-ambassador Paul] Bremer and [Lieutenant General Ricardo] Sanchez. And Kerik was there. Kerik was supposed to be there to help train the police force. He stayed two months and one day left, just up and left.… That’s why I never would’ve supported him to be the head of homeland security because of his irresponsible act when he was over in Baghdad to try and help train the police. One of the reasons why we had so much trouble with the initial training of the police was because he came, didn’t do anything, and then went out to the airport and left.” McCain is joined on the campaign trail by former DHS Secretary Tom Ridge, who says of Giuliani: “It was clear the mayor and I had a different view what the department does and the kind of leadership it needed. His judgment would’ve been different than mine.… We’re not talking about some urban city patronage job. That’s not what a Cabinet secretary’s about.” (Associated Press 11/9/2007)
Republican presidential candidate Rudolph Giuliani and Weekly Standard editor William Kristol say that Iran halted its nuclear weapons program because of the 2003 invasion of Iraq (see December 3, 2007 and December 3-6, 2007). Giuliani says Iran was intimidated into halting its program: “It worked in 2003 to get him [sic] to back off their nuclear program. And what happened in 2003? What big thing happened in 2003? We deposed Saddam Hussein. America showed massive military force in the country right next to Iran called Iraq.” (Simmonds 12/7/2007) Kristol, whose magazine is one of the premier showcases for neoconservative thought and opinion, echoes Giuliani’s belief on Fox News, saying, “I believe we invaded a neighboring country in 2003 and removed their dictator and that sent shock waves through the region and at the time people were quite worried.” Kristol also attributes the end of Libya’s nuclear weapons program to the invasion of Iraq. (Think Progress 12/9/2007) However, the reason Iran’s nuclear weapons program ended in 2003 is not specified in the recently released National Intelligence Estimate that revealed the program’s end. (Director of National Intelligence 12/3/2007 )
MSNBC host Keith Olbermann reveals what may be a personal stake in the Bush administration’s push for immunity for telecommunications companies who helped the NSA spy on Americans (see January 28, 2008). Attorney General Michael Mukasey’s son Marc Mukasey is a partner in the law firm of Bracewell & Giuliani (the same Rudolph Giuliani who up until recently was a candidate for the Republican nomination for president). Marc Mukasey is one of the lawyers representing Verizon, one of the telecom firms being sued for cooperating with the government’s surveillance program (see May 12, 2006 and June 26, 2006). Olbermann says of the Mukasey-Giuliani connection: “Now it begins to look like the bureaucrats of the Third Reich trying to protect the Krupp family industrial giants by literally re-writing the laws for their benefit. And we know how that turned out: Alfred Krupp and eleven of his directors were convicted of war crimes at Nuremburg.” (Olbermann 1/31/2008)
Former New York Mayor Rudy Giuliani tells a group of Republican state legislators in Illinois that “it is natural” to assume that the Democratic health care reform plan will lead to “death panels” making end-of-life decisions for seniors. “This is a real concern not made up by radio talk show hosts,” Giuliani claims. In recent weeks, the claim of so-called “death panels” has energized the conservative anti-reform movement even as it has been roundly debunked (see November 23, 2008, January 27, 2009, February 9, 2009, February 11, 2009, February 18, 2009, May 13, 2009, June 24, 2009, June 25, 2009, July 10, 2009, July 16, 2009, July 17, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 23, 2009, July 23-24, 2009, July 24, 2009, July 28, 2009, July 28, 2009, July 28, 2009, July 31, 2009 - August 12, 2009, August 6, 2009, August 7, 2009, August 10, 2009, August 10, 2009, Shortly Before August 10, 2009, August 11, 2009, August 11, 2009, August 12, 2009, August 12, 2009, August 12, 2009, August 13, 2009, and August 12-13, 2009). Giuliani admits that there are no provisions for “death panels” in the Democratic legislation pending in Congress, but says that “simple economics” tells him the panels will happen. “President Obama says he will cover 30 to 40 to 50 million people who are not covered now—without it costing any money,” he says. “This is absurd. Health care—in case the Obama administration hasn’t noticed, is very expensive. They will have to cut other services, cut programs. They will have to be making decisions about people who are elderly.” He goes on to blame Obama and Congressional Democrats for creating the worry about “death panels” because of “the ambiguity of the legislation.” (Pallasch 8/13/2009)
Former New York City Mayor Rudolph Giuliani, a 2008 contender for the Republican presidential nomination, tells an ABC audience that the US experienced “no domestic attacks” during the Bush administration. Giuliani is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly terrorist attacks in US history, a curious omission considering Giuliani was mayor when two hijacked jetliners struck New York City’s World Trade Center buildings on September 11, 2001, eight months into the Bush administration. In recent months, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has a Nevada newspaper publisher just days ago (see January 3, 2010). Good Morning America host George Stephanopoulos begins by asking Giuliani about his opposition to trying suspected terrorists in civilian courts instead of in military tribunals (see November 13, 2001 and January 29, 2009). Giuliani asks “why stop” torturing suspects instead of putting them on trial, saying that the US may continue to get “good information” from them, presumably about plans for future terrorist attacks. Giuliani says that while Bush “didn’t do everything right” in the “war on terror,” what Obama “should be doing is following the right things [Bush] did. One of the right things he did was treat this as a war on terror, we had no domestic attacks under Bush, we had one under Obama.” Stephanopoulos notes that Obama has “stepped up” actions against terrorists, but does not correct Giuliani’s claim that the US “had no domestic attacks under Bush.” (Media Matters 1/8/2010)
Fox News’s Eric Bolling, hosting The Five, says that he remembers no terrorist attacks on the US during the Bush presidency. Bolling is either ignoring or forgetting that the 9/11 attacks, the most lethal and costly terrorist attacks in US history, occurred eight months into the Bush presidency. Since late 2009, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has former New York City Mayor Rudolph Giuliani, who was mayor when his city was stricken (see January 8, 2010). A Las Vegas newspaper publisher has claimed no terrorist attacks occured during the Bush administration after 9/11, another falsehood perpetrated by Bolling (see January 3, 2010). One of the “five” participants in the roundtable discussion on the show is former Bush administration press secretary Dana Perino, who is one of the former administration officials who denied that 9/11 took place during Bush’s presidency. Bolling and the other participants, save for the single “liberal” at the table, Bob Beckel, are criticizing the Obama administration’s economic policies. The topic goes into a quick repudiation of the fact that the Bush administration used false claims about WMDs to drive the US into a war with Iraq, and Bolling shouts over the crosstalk: “America was certainly safe between 2000 and 2008. I don’t remember any terrorist attacks on American soil during that period of time.” No one involved in the panel discussion corrects his misstatement. (Media Matters 7/13/2011; Huffington Post 7/14/2011) The Five is the newest Fox News offering, replacing the recently canceled show hosted by Glenn Beck. (Huffington Post 7/14/2011) The next day, MSNBC talk show host Chris Matthews derides what he calls Bolling’s “revisionist history” regarding 9/11. He plays a brief clip of Bolling making the statement, then sarcastically invites Bolling to “think back to 2001.” While playing a clip from the coverage of the 9/11 attacks, Matthews asks, “Does that trigger your memory?” (Media Matters 7/14/2011) Hours after Matthews’s correction, Bolling says on The Five: “Yesterday I misspoke when saying that there were no US terror attacks during the Bush years. Obviously I meant in the aftermath of 9/11.” Bolling then swings to the attack, saying: “That’s when the radical liberal left pounced on us and me. [The progressive media watchdog Web site] Media Matters posted my error, saying I forgot about 9/11. No, I haven’t forgotten.” (Bolling is referring to a Media Matters article with the title: “‘Have You Forgotten?’ Conservatives Erase 9/11 From Bush Record,” which cites Bolling’s error among other “misstatements” and omissions by conservatives, and cites the numerous terror attacks that took place on US soil after 9/11 during the Bush presidency.) Bolling continues by saying he was in New York during the attacks, lost friends during the attacks, and comforted the children of friends who were terrified by the attacks. He concludes by saying, “Thank you, liberals, for reminding me how petty you can be.” (Willis 7/14/2009) Shortly after Bolling’s statement on Fox, Media Matters posts another article, again citing the numerous domestic terrorism attacks that took place after 9/11, under the headline, “Eric Bolling Is Still Wrong.” (Schulman 7/14/2011)
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