Future 9/11 Commission vice chairman Lee Hamilton (D-IN), at this time chairman of the House Intelligence Committee, fails to properly investigate Iran-Contra allegations. He learns of press reports indicating that the Reagan administration is illegally funneling weapons and money to the anti-Communist rebels in Nicaragua, but when the White House denies the story, Hamilton believes it. Hamilton will later acknowledge that he has been gullible, and will say of his political style, “I don’t go for the jugular.” It is during the Iran-Contra investigation that Hamilton becomes friends with Dick Cheney, at this time a Republican congressman. [Shenon, 2008, pp. 33] Cheney is the ranking Republican on the House Intelligence Committee and so must work closely with Hamilton, including on the Iran-Contra investigation. [PBS, 6/20/2006] Hamilton calls Cheney “Dick” and they will remain friends even after Cheney becomes vice president in 2001 and Hamilton, as vice chairman of the 9/11 Commission, begins to investigate Cheney’s actions as a part of the Commission’s work. [Shenon, 2008, pp. 33] Hamilton will also fail to properly investigate “October Surprise” allegations (see 1992-January 1993).
1992-January 1993: Future Democratic 9/11 Commission Co-Chair Leads Cover-up of Republican Plot
In 1992, a House of Representatives task force chaired by Lee Hamilton (D-NH) conducts a ten-month investigation into the “October Surprise”—an alleged Republican plot to delay the release of US hostages held in Iran in 1980 until after that year’s US presidential election. The investigation concludes in 1993 that there is “no credible evidence” of any such plot. But Robert Parry, a journalist writing for the Associated Press and Newsweek, gains access to the stored records of Hamilton’s task force. He finds clear evidence of a major cover up. For instance, William Casey, CIA Director in the early 1980s, was alleged to have been involved in the plot, and Hamilton’s investigators discovered a CIA created index of Casey’s papers made after Casey’s death in 1987. When investigators searched Casey’s possessions, they found all the papers mentioned in the index, except for all the ones relevant to the alleged October Surprise plot. But the disappearance of such evidence was not mentioned in Hamilton’s findings. [Scott, 2007, pp. 101] In addition, an official Russian intelligence report placing Casey in Europe in order to arrange a politically favorable outcome to the hostage crisis arrived in Washington shortly before Hamilton’s task force issued their conclusions, but this Russian information was not mentioned by the task force. [Scott, 2007, pp. 106-107] Hamilton will later be appointed co-chair of the 9/11 Commission (see December 11, 2002).
1995: Condoleezza Rice and Future 9/11 Commission Executive Director Zelikow Co-author Book on European Politics
Future National Security Adviser and Secretary of State Condoleezza Rice and Philip Zelikow, who, as executive director of the 9/11 Commission, will investigate her performance in the run-up to 9/11, co-author a book about the implications of German reunification. The two had worked together on the National Security Council in the 1980s and early 90s, but are both now working at universities. Zelikow is a professor at the Kennedy School of Government at Harvard University, and Rice is the provost at Stanford. The book, entitled Germany Unified and Europe Transformed: A Study in Statecraft, is mostly written by Zelikow, who is, in author Philip Shenon’s words, “pleased to share credit with such an obvious up-and-comer as Rice.” [Shenon, 2008, pp. 40-41]
October 15, 1998: Future 9/11 Commission Executive Director Zelikow Says ‘Public Assumptions’ Shape Views of History
In his opening remarks at a conference on contemporary political history organized by the Miller Center of Public Affairs at the University of Virginia, future 9/11 Commission Executive Director Philip Zelikow emphasizes that the public understanding of history is shaped by what are sometimes referred to as “public myths.” “[U]nderstanding contemporary political history is extremely important and constantly alive in public discourse. ‘Contemporary’ is defined functionally by those critical people and events that go into forming the public’s presumptions about its immediate past. This idea of ‘public presumption’ is akin to William McNeill’s notion of ‘public myth’ but without the negative implication sometimes invoked by the word ‘myth.’ Such presumptions are beliefs (1) thought to be true (although not necessarily known to be true with certainty), and (2) shared in common within the relevant political community. The sources for such presumptions are both personal (from direct experience) and vicarious (from books, movies, and myths).” Zelikow says that public assumptions often grow out of “searing events”: “particularly ‘searing’ or ‘molding’ events take on ‘transcendent’ importance and, therefore, retain their power even as the experiencing generation passes from the scene.” [Zelikow, 1999 ] In a previous publication, Zelikow had written about how a “catastrophic terrorism” event could constitute a momentous, history-shaping milestone: “An act of catastrophic terrorism that killed thousands or tens of thousands of people… would be a watershed event in America’s history.… Like Pearl Harbor, such an event would divide our past and future into a ‘before’ and ‘after’” (see November 1997-August 1998).
May 2000: Future Authors of 9/11 Report Produce John F. Kennedy Book Riddled with Errors
An eminent historian finds serious flaws in a historical treatise about former President John F. Kennedy. The book, The Kennedy Tapes: Inside the White House During the Cuban Missile Crisis, was written in 1997 by conservative historians Ernest May and Philip D. Zelikow, and purports to be an unprecedentedly accurate representation of the events of 1962’s Cuban Missile Crisis based on transcriptions of recorded meetings, conferences, telephone conversations, and interviews with various participants. [Atlantic Monthly, 5/2000] Zelikow is a former member of George H. W. Bush’s National Security Council and a close adviser to future National Security Adviser Condoleezza Rice. [US Department of State, 8/5/2005] May is a Harvard professor. Both will participate heavily in the creation of the 2004 report by the 9/11 Commission. [Shenon, 2008, pp. 387-393] Almost three years after the Kennedy book’s publication, Sheldon M. Stern, the historian for the John F. Kennedy Library from 1977 through 1999, pores over it and the May/Zelikow transcripts. In the original edition, May and Zelikow admitted that their final product was not perfect: “The reader has here the best text we can produce, but it is certainly not perfect. We hope that some, perhaps many, will go to the original tapes. If they find an error or make out something we could not, we will enter the corrections in subsequent editions or printings of this volume.” But when Stern checks the book against the tapes, he finds hundreds of errors in the book, some quite significant. Stern concludes that the errors “significantly undermine [the book’s] reliability for historians, teachers, and general readers.” May and Zelikow have corrected a few of the errors in subsequent editions, but have not publicly acknowledged any errors. Stern concludes, “Readers deserve to know that even now The Kennedy Tapes cannot be relied on as an accurate historical document.” [Atlantic Monthly, 5/2000] One error has then-Attorney General Robert F. Kennedy talking about the planned “invasion” of Russian ships heading to Cuba, when the tapes actually show Kennedy discussing a far less confrontational “examination” of those vessels. May and Zelikow imply that the Kennedy administration was discussing just the kind of confrontation that it was actually trying to avoid. Another error has CIA Director John McCone referring to the need to call on former President Dwight D. Eisenhower as a “facilitator,” where McCone actually said “soldier.” May and Zelikow will be rather dismissive of Stern’s findings, saying that “none of these amendments are very important.” Stern will express shock over their response, and respond, “When the words are wrong, as they are repeatedly, the historical record is wrong.” [Shenon, 2008, pp. 42]
January 2001: Future 9/11 Commission Executive Director Zelikow Not Offered Full-time Job with Bush Administration, Returns to University
Future 9/11 Commission Executive Director Philip Zelikow is not offered a job in the Bush administration, and returns to the Miller Center of Public Affairs at the University of Virginia to teach. Zelikow had worked on the transition team (see January 3, 2001), and thought he would receive an important position in the new administration. He told his friends he thought he was in line for the position of deputy national security adviser to Condoleezza Rice, with whom he had written a book in the mid-1990s (see 1995). Most people in the Bush administration admire his ability, but find him hard to work with. White House Chief of Staff Andrew Card will even describe Zelikow as a “bully” historian. Author Philip Shenon will later comment that Zelikow is “perplexed that his talents had not been recognized by the people who handed out the best jobs in the Bush administration.” After returning to university, Zelikow will lobby the White House to make the university where he works the official repository of its oral history. His point of contact at the White House is political adviser Karl Rove. [Shenon, 2008, pp. 42-44]
January 3, 2001: Counterterrorism ‘Tsar’ Clarke’s Power Is Reduced by Rice and Future 9/11 Commission Executive Director
National Security Adviser Rice decides this day to retain Richard Clarke, counterterrorism “tsar” for the Clinton administration, and his staff. However, she downgrades his official position as National Coordinator for Counterterrorism. While he is still known as the counterterrorism “tsar,” he has less power and now reports to deputy secretaries instead of attending Cabinet-level meetings. He no longer is able to send memos directly to the president, or easily interact with Cabinet-level officials. [Clarke, 2004, pp. 227-30; Guardian, 3/25/2004] Clarke will not be able to meet with President Bush even a single time before 9/11 to discuss al-Qaeda (see January 25, 2001-September 10, 2001). In 2004, Rice will reveal that the person she tasks with considering changes to Clarke and his staff is Philip Zelikow, the future Executive Director of the 9/11 Commission. Zelikow recuses himself from those parts of the 9/11 Commission’s investigation directly relating to his role in this and other matters. However, 9/11 victims’ relatives are not satisfied. For instance, one relative says, “Zelikow has conflicts. I’m not sure that his recusal is sufficient. His fingerprints are all over that decision [to demote Clarke].” [United Press International, 4/9/2004]
July 12, 2001: Attorney General Ashcroft Reportedly Does Not Want to Hear about Al-Qaeda Threat
Acting FBI Director Thomas Pickard attempts to brief Attorney General John Ashcroft on the al-Qaeda terrorist threat for a second time (see June 28, 2001), but Ashcroft is uninterested and says he does not want to hear about it, according to Pickard’s later account.
‘I Don’t Want to Hear about It Anymore’ – According to a June 24, 2004 letter from Pickard to the 9/11 Commission, Pickard opens the briefing by discussing “counterintelligence and counterterrorism matters.” Pickard’s letter will go on to say: “The fourth item I discussed was the continuing high level of ‘chatter’ by al-Qaeda members. The AG [attorney general] told me, ‘I don’t want to hear about it anymore, there’s nothing I can do about it.’ For a few seconds, I did not know what to say, then I replied that he should meet with the director of the CIA to get a fuller briefing on the matter.… I resumed my agenda but I was upset about [Ashcroft’s] lack of interest. He did not tell me nor did I learn until April 2004 that the CIA briefed him on the increase in chatter and level of threat on July 5, 2001” (see July 5, 2001 and July 11-17, 2001). [Pickard, 6/24/2004] In testimony under oath to the 9/11 Commission in 2004, Pickard will affirm that, “at least on two occasions” he briefed Ashcroft on a rising threat level and concerns about an impending attack, which were being reported by the CIA. Commissioner Richard Ben-Veniste will ask Pickard if he has told Commission staff that Ashcroft “did not want to hear about this anymore,” to which Pickard will respond, “That is correct.” [9/11 Commission, 4/13/2004 ] According to Pickard’s later recollection: “Before September 11th, I couldn’t get half an hour on terrorism with Ashcroft. He was only interested in three things: guns, drugs, and civil rights.” [Miller, Stone, and Mitchell, 2002, pp. 293]
Differing Accounts of What Was Said at the Meeting – According to the 9/11 Commission’s June 3, 2004 record of its interview with Watson, “Pickard told Watson that he was briefing Ashcroft on counterterrorism, and Ashcroft told him that he didn’t want to hear ‘anything about these threats,’ and that ‘nothing ever happened.’” [9/11 Commission, 6/3/2004 ] Author Philip Shenon will write about this meeting in his 2008 book, The Commission, based on interviews with Pickard and “Commission investigators who researched his allegations,” but none of the quotes or representations of fact in Shenon’s text will cite a specific source. Shenon will make reference to Mark Jacobson and Caroline Barnes as being the 9/11 Commission staffers who interviewed Pickard. [Shenon, 2008, pp. 240-248, 433] According to Shenon’s version of the meeting, Ashcroft replies to Pickard: “I don’t want you to ever talk to me about al-Qaeda, about these threats. I don’t want to hear about al-Qaeda anymore.” [Shenon, 2008, pp. 247] Ashcroft, in testimony under oath to the 9/11 Commission, will dismiss Pickard’s allegation, saying, “I did never speak to him saying that I did not want to hear about terrorism.” [9/11 Commission, 4/13/2004
] Pickard will respond to Ashcroft’s testimony in his 2004 letter, saying, “What [Ashcroft] stated to the Commission under oath is correct, but they did not ask him, ‘Did he tell me he did not want to hear about the chatter and level of threat?’ which is the conversation to which I testified under oath.” [Pickard, 6/24/2004] The deputy attorney general at the time of the meeting, Larry D. Thompson, and Ashcroft’s chief of staff, David T. Ayres, will sign a letter to the 9/11 Commission on July 12, 2004, in which they say they are responding to Pickard’s allegation that when he briefed Ashcroft “on the al-Qaeda threat prior to September 11, 2001, the attorney general responded that he did not want to hear such information anymore.” The letter will say Thompson and Ayres were present at that and the other regular meetings between Pickard and Ashcroft, and “the attorney general made no such statement in that or any other meeting.” [Ayres, 7/12/2004] The 9/11 Commission Report will conclude, “We cannot resolve this dispute.” [Commission, 2004]
Differing Accounts of Who Was at the Meeting – Pickard’s 2004 letter will state that Ayres is at the meeting, but has left the room prior to that part of the meeting, as he does not have the required level of security clearance. Pickard’s letter indicated that the FBI Assistant Director for Criminal Investigations, Ruben Garcia, is at the meeting and also witnesses the exchange. [Pickard, 6/24/2004] Shenon’s book puts Garcia at the meeting, but does not make reference to Garcia’s account of what is said there. Also, in the notes to Shenon’s book, it will not say that he interviewed Garcia. [Shenon, 2008, pp. 247-248, 433] According to a June 22, 2004 NBC News report: “Commission investigators also tracked down another FBI witness at the meeting that day, Ruben Garcia… Several sources familiar with the investigation say Garcia confirmed to the Commission that Ashcroft did indeed dismiss Pickard’s warnings about al-Qaeda.” Furthermore, “Pickard did brief Ashcroft on terrorism four more times that summer, but sources say the acting FBI director never mentioned the word al-Qaeda again in Ashcroft’s presence—until after Sept. 11.” [MSNBC, 6/22/2004] According to the 9/11 Commission Report, “Ruben Garcia… attended some of Pickard’s briefings of the attorney general but not the one at which Pickard alleges Ashcroft made the statement.” [Commission, 2004, pp. 536n52]
Ashcroft Denies FBI Requests and Appeals, Cuts Counterterrorism Funding – Following the meeting, on July 18, Ashcroft will reject the FBI’s request for an increase in funding for counterterrorism, and instead propose cuts to that division (see July 18, 2001). Pickard will appeal this decision; Ashcroft will reject the appeal on September 10, 2001 (see September 10, 2001). [9/11 Commission, 4/13/2004]
August 30, 2001: 9/11 Hijacker Banihammad Attempts to Get in Airplane Cockpit; Witness Later Ignored
Future 9/11 hijacker Fayez Ahmed Banihammad attempts to get into an airplane cockpit on a test flight across the US, according to flight attendant Gregory McAleer. McAleer is employed by United Airlines. He will later claim to the 9/11 Commission that on August 30, 2001, he is working on Flight 514, a Boeing 737-300 flying from Chicago’s O’Hare Airport to Logan Airport in Boston.
Strange Encounter – Early in the boarding process a Middle Eastern male enters the airplane with a “jump seat” pass. This pass allows the person to sit in the jump seat, an extra seat in the airplane’s cockpit. Typically, only licensed pilots employed by US domestic airlines are given these passes. The man is not dressed in a pilot’s uniform, but wears casual clothes and carries a suitcase. McAleer sees this man entering the cockpit and talking to the pilot and copilot. After a few moments, the man leaves the cockpit and takes a seat in the coach section. McAleer is curious and asks the pilot about the man. The pilot says the man can’t use the jump seat since he doesn’t have the proper ID. Later in the flight, McAleer has a chance to question the man while both of them are waiting to use the lavatory. The man claims to be a pilot for a regional airline, but when McAleer, who has a pilot’s license, asks him questions about his job and his knowledge of flying, the answers don’t add up and the man also asks him some suspicious questions. McAleer finds the man’s behavior so suspicious that he wonders at the time if he could be a terrorist.
FBI and United Airlines Not that Interested – Several days after 9/11, McAleer will contact the FBI’s Chicago field office about the incident. An FBI agent takes his information, but does not seem very interested or even comprehending about the jump seat idea. Several days after that, McAleer describes the incident to a United Airlines flight attendant supervisor. After conferring with a manager, the supervisor tells him: “Do not talk to the FBI again. I went to [United Airlines assistant station manager] Mitch Gross and he told me to tell you not to talk to the FBI again. If you have any concerns you can call the [United Airlines] Crisis Center. The FBI agents are working on the case.” McAleer gives the information by phone to the Crisis Center, but he still is unsatisfied. He later tells the story to Gross, and Gross tells him, “You are not to talk to anyone about this.” On September 27, 2001, McAleer will read a local newspaper article that shows the pictures of all of the 9/11 hijackers for the first time (see September 27, 2001), and he quickly concludes that hijacker Fayez Ahmed Banihammad was the suspicious man who had flown on Flight 514. McAleer continues to try to raise the issue, for instance with United Airlines corporate security, but without much success.
FBI Stops Media Coverage – Eventually, McAleer will come in contact with a USA Today reporter named Blake Morrison. After checking with the FBI, Morrison decides to write a story about McAleer’s experience. However, at the last minute, the FBI contacts Morrison and asks him not to run the article. As a result, the article only runs in the international edition of USA Today, on June 12, 2002. Morrison later tells McAleer that an FBI source told him that Banihammad’s name was not on the flight manifest. This does not surprise McAleer, since people using jump seat passes or companion passes are not usually on the manifest. The 9/11 Commission will not mention McAleer’s story at all, and will dismiss the jumpseating issue in general. [9/11 Commission, 8/12/2003 ]
Legal Implications – There will be reports that other 9/11 hijackers used test flights to try to get into cockpits, and some tried to sit in jump seats (see November 23, 2001 and November 23, 2001). There will also be reports that jump seats were used by the hijackers in the 9/11 attacks (see September 24, 2001 and November 23, 2001).
Jumpseating will become a contentious issue, because if it could be shown that the 9/11 hijackers were able to get into cockpits using jump seats, American Airlines and United Airlines could be sued for significant damages. In fact, McAleer’s account will later be used in a 9/11 negligence lawsuit against United Airlines. In 2011, it will be reported that attorneys in the lawsuit are attempting to depose the agents who interviewed McAleer, but the Justice Department is refusing to let the agents testify. [WBUR NPR Boston, 1/31/2011]
Late-September 2001-August 2004: Reports of Hijackers’ US Spending and Bank Accounts Change over Time
A few weeks after the attacks, US investigators say the hijackers appeared to have spent about $500,000 while in the US. An official says, “This was not a low-budget operation. There is quite a bit of money coming in, and they are spending quite a bit of money.” [Washington Post, 9/29/2001; Guardian, 10/1/2001; Washington Post, 10/7/2001] In a detailed analysis published in the summer of 2002, the FBI will again report that the hijackers had access to a total of $500,000 to $600,000, of which $325,000 flowed through their SunTrust accounts. [New York Times, 7/10/2002; CNN, 7/10/2002 Sources: Dennis Lormel] The same figure is provided by John S. Pistole, FBI Assistant Director, Counterterrorism Division, when he testifies before the Senate Committee on Banking, Housing, and Urban Affairs. “[T]he 9/11 hijackers utilized slightly over $300,000 through formal banking channels to facilitate their time in the US. We assess they used another $200-300,000 in cash to pay for living expenses.” [9/11 Commission, 8/21/2004, pp. 133 ] However, officials later back away from this figure and in August 2004 the 9/11 Commission says that the hijackers’ spending in the US was only “more than $270,000.” [9/11 Commission, 8/21/2004, pp. 143
] In addition, the number of bank accounts the hijackers are said to have opened varies. Shortly after the attacks, investigators believe they had about a dozen accounts at US banks. In July 2002, Dennis Lormel, chief of the FBI unit investigating the money behind the attacks, tells the New York Times they had 35 accounts, including 14 with the SunTrust Bank. [Washington Post, 10/7/2001; New York Times, 7/10/2002 Sources: Dennis Lormel] However, a year after the attacks, FBI Director Robert Mueller tells the 9/11 Congressional Inquiry, “In total, the hijackers opened 24 bank accounts at four different US banks.” [US Congress, 9/26/2002] Not only is Mueller’s assertion contradicted by Lormel’s previous statement, but it is also demonstrably false, as the hijackers had at least 25 US bank accounts with at least 6 different banks (SunTrust Bank, Hudson United Bank, Dime Savings Bank, First National Bank of Florida, Bank of America, and First Union National Bank) (see February 4, 2000, June 28-July 7, 2000, Early September 2000, May 1-July 18, 2001, and June 27-August 23, 2001). [US District Court for the Eastern District of Virginia; Alexandria Division, 7/31/2006, pp. 19
] The 9/11 Commission’s Report and its Terrorist Financing Monograph focus on some of the transfers made to the hijackers (see January 15, 2000-August 2001, June 13-September 25, 2000, June 29, 2000-September 18, 2000, and December 5, 2000), but ignore others (see June 2000-August 2001, May 2001, Early August-August 22, 2001, Summer 2001 and before, and Late August-Early September 2001). Neither the report nor the monograph gives the total number of bank accounts the hijackers opened. [9/11 Commission, 7/24/2004; 9/11 Commission, 8/21/2004
] In addition, the identities of the hijackers’ financiers reportedly change over time (see September 24, 2001-December 26, 2002).