The Bush administration submits to Congress a 31-page document entitled “The National Security Strategy of the United States.”
Preemptive War – The National Security Strategy (NSS) openly advocates the necessity for the US to engage in “preemptive war” against nations it believes are likely to become a threat to the US’s security. It declares: “In an age where the enemies of civilization openly and actively seek the world’s most destructive technologies, the United States cannot remain idle. The United States will, if necessary, act preemptively.” The declaration that the US will engage in preemptive war with other nations reverses decades of American military and foreign policy stances; until now, the US has held that it would only launch an attack against another nation if it had been attacked first, or if American lives were in imminent danger. President Bush had first mentioned the new policy in a speech in June 2002 (see June 1, 2002), and it echoes policies proposed by Paul Wolfowitz during the George H. W. Bush administration (see March 8, 1992). [Shenon, 2008, pp. 128]
US Must Maintain Military ‘Beyond Challenge’ – The National Security Strategy states that the ultimate objective of US national security policy is to “dissuade future military competition.” The US must therefore “build and maintain our defenses beyond challenge. Our forces will be strong enough to dissuade potential adversaries from pursuing a military build-up in hopes of surpassing, or equaling, the power of the United States.” [London Times, 9/21/2002]
Ignoring the International Criminal Court – The NSS also states, “We will take the actions necessary to ensure that our efforts to meet our global security commitments and protect Americans are not impaired by the potential for investigations, inquiry, or prosecution by the International Criminal Court (ICC), whose jurisdiction does not extend to Americans and which we do not accept.” [US President, 9/2002]
Declaring War on Terrorism Itself – It states: “The enemy is not a single political regime or person or religion or ideology. The enemy is terrorism—premeditated, politically motivated violence perpetrated against innocents.” Journalism professor Mark Danner will later comment in the New York Times: “Not Islamic terrorism or Middle Eastern terrorism or even terrorism directed against the United States: terrorism itself. ‘Declaring war on “terror,”’ as one military strategist later remarked to me, ‘is like declaring war on air power.’” [New York Times Magazine, 9/11/2005]
Fundamental Reversal of Containment, Deterrence Principles – Washington Post reporter Tim Reich later describes the NSS as “revers[ing] the fundamental principles that have guided successive presidents for more than 50 years: containment and deterrence.” Foreign policy professor Andrew Bacevich will write that the NSS is a “fusion of breathtaking utopianism [and] barely disguised machtpolitik.” Bacevich continues, “It reads as if it were the product not of sober, ostensibly conservative Republicans but of an unlikely collaboration between Woodrow Wilson and the elder Field Marshal von Moltke.” [American Conservative, 3/24/2003]
Written by Future Executive Director of 9/11 Commission – The document is released under George W. Bush’s signature, but was written by Philip D. Zelikow, formerly a member of the previous Bush administration’s National Security Council, and currently a history professor at the University of Virginia and a member of the Foreign Intelligence Advisory Board. Zelikow produced the document at the behest of his longtime colleague National Security Adviser Condoleezza Rice (see June 1, 2002). His authorship of the document will not be revealed until well after he is appointed executive director of the 9/11 commission (see Mid-December 2002-March 2003). Many on the Commission will consider Zelikow’s authorship of the document a prima facie conflict of interest, and fear that Zelikow’s position on the Commission will be used to further the Bush administration’s doctrine of preemptive war (see March 21, 2004). [US Department of State, 8/5/2005; Shenon, 2008, pp. 128]
October 10, 2002: President Bush Backtracks on Support for Independent 9/11 Commission
A tentative congressional deal to create an independent commission to investigate the 9/11 attacks falls apart hours after the White House objected to the plan (it appears Vice President Cheney called Republican leaders and told them to renege on the agreement [New York Times, 11/2/2002] ). Bush had pledged to support such a commission a few weeks earlier (see September 20, 2002), but doubters who questioned his sincerity appear to have been proven correct. Hours after top Republican leaders announced at a press conference that an agreement had been reached, House Republican leaders said they wouldn’t bring the legislation to the full House for a vote unless the commission proposal was changed. There are worries that if the White House can delay the legislation for a few more days until Congress adjourns, it could stop the creation of a commission for months, if not permanently. [New York Times, 10/11/2002] Another deal is made a few weeks later (see November 15, 2002) and the commission goes forward.
October 17, 2002: Tenet Misinforms Congressional Inquiry about CIA Knowledge of Hijackers’ Entry into US
In sworn testimony to the 9/11 Congressional Inquiry, CIA Director George Tenet repeatedly claims that a March 2000 cable sent to CIA headquarters reporting that hijacker Nawaf Alhazmi had entered the US was not read by anybody. He says, “I know that nobody read that cable,” “Nobody read that cable in the March timeframe,” and “[N]obody read that information only cable.” [New York Times, 10/17/2002] Former Counterterrorist Center Director Cofer Black will also claim that the cable was not read. [US Congress, 7/24/2003, pp. 51 
] However, a later investigation by the CIA Office of Inspector General will find that numerous CIA officers had actually read the cable shortly after it was sent (see March 6, 2000 and After). Nevertheless, the 9/11 Commission will later assert that, “No-one outside the Counterterrorist Center was told any of this” (about Alhazmi’s arrival in the US) and neglect to mention that Tenet had previously misstated the CIA’s knowledge of the hijackers. Neither will the 9/11 Commission investigate the cause of the CIA’s apparent inaction. [9/11 Commission, 7/24/2004, pp. 181]
Late 2002-2004: Imam Al-Awlaki Lives Openly in Britain, despite Growing Evidence of Link to 9/11 Plot
Anwar al-Awlaki, the imam for three of the 9/11 hijackers in the US, lives openly in Britain.
Growing Suspicions about Al-Awlaki in US – After 9/11, US investigators increasingly suspect that al-Awlaki’s links with hijackers Nawaf Alhazmi, Khalid Almihdhar, and Hani Hanjour in the US were more than just a coincidence. In October 2002, al-Awlaki is briefly detained while visiting the US but is not arrested, even though there is an outstanding warrant for his arrest (see October 2002). The FBI as a whole does not believe he was involved in the 9/11 plot. However, some disagree. One detective tells the 9/11 Commission in 2003 or 2004 that al-Awlaki “was at the center of the 9/11 story.” The 9/11 Congressional Inquiry releases its final report in 2003, and it states that al-Awlaki “was a central figure in a support network that aided [Alhazmi and Almihdhar]” (see August 1-3, 2003).
No Attempt to Arrest Him Living Openly in Britain – Al-Awlaki does not visit the US again, after his near arrest. But he lives openly in Britain, a close US ally. He teaches Islam to students in London and adopts an increasingly religious fundamentalist stance. His lectures grow in popularity, especially through sales of CDs of recorded speeches. He travels widely through Britain giving lectures. But despite growing evidence against him in the US, there is no known attempt to have him arrested in Britain. At some point in 2004, he moves to Yemen to preach and study there. [New York Times, 5/8/2010]
November 2002 and After: Karl Rove Concerned about 9/11 Investigation
Presidential adviser Karl Rove is concerned about the 9/11 Commission, which is soon to be established (see November 15, 2002). Author Philip Shenon will say this is because he thinks that “in the wrong hands… [it] could cost President Bush a second term.” According to Democratic Senate Minority Leader Tom Daschle, Republican Senator Trent Lott says that behind-the-scenes opposition to the commission’s creation is orchestrated by Rove and the White House’s political office. “It’s all Rove,” Lott tells Daschle. Rove is also involved in the selection of the Commission’s initial chairman, Henry Kissinger (see November 27, 2002), and his successor Tom Kean (see December 14, 2002). [Shenon, 2008, pp. 15, 29]
November 15, 2002: Congress and President Bush Approve New 9/11 Commission
Congress approves legislation creating an independent commission—the National Commission on Terrorist Attacks Upon the United States—which will later be popularly known as the 9/11 Commission. The Commission’s mandate is to “examine and report on the facts and causes relating to the September 11th terrorist attacks” and “make a full and complete accounting of the circumstances surrounding the attacks.” President Bush signs it into law November 27, 2002. [US Congress, 11/27/2002] Bush originally opposed an independent commission (see May 23, 2002), but changed his mind over the summer (see September 20, 2002) after political pressure. The Democrats conceded several important aspects of the Commission (such as subpoena approval) after the White House threatened to create a Commission by executive order, over which it would have more control. Bush will appoint the Commission chairman and he sets a strict time frame (18 months) for its investigation. [CNN, 11/15/2002] The Commission will only have a $3 million budget. Senator Jon Corzine (D-NJ) and others wonder how the Commission can accomplish much with such a small budget. [Associated Press, 1/20/2003] (In contrast, a 1996 federal commission investigating casino gambling received $5 million; the federal government spent $50 million investigating Bill Clinton and Whitewater; and the investigation into the February 2003 Columbia shuttle explosion will receive $50 million.) [Carter, 2004, pp. 280] Senate Majority Leader Tom Daschle (D-SD) will call the budget “a joke.” [Shenon, 2008, pp. 31] The budget will later be increased (see March 26, 2003).
Before November 27, 2002: Lee Hamilton Considered for Vice Chairmanship of 9/11 Commission, but Republican Ties Count against Him
Former Democratic congressman Lee Hamilton is considered by his party for the position of vice chairman of the 9/11 Commission, but does not get the appointment, which goes to former Senator George Mitchell (see November 27, 2002). Hamilton, who is nonetheless appointed to the Commission as an ordinary member, is rejected as vice chairman by Senate Minority Leader Tom Daschle and other leading Democrats because he is seen as too soft on Republicans—he lacks “a taste for partisan fights,” and seems “always to assume the best about people, Republicans included.” He is also friends with two of the investigation’s targets, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, who he calls “Dick” and “Don,” and Cheney’s White House counsel, David Addington. He got to know Cheney during the Iran-Contra investigation, when Cheney was the ranking Republican on the committee and Hamilton failed to distinguish himself (see Mid-1980s), as he did over the “October Surprise” affair (see 1992-January 1993). Author Philip Shenon will comment, “While [Hamilton] might disagree with Cheney and Rumsfeld on policy, Hamilton trusted both men always to tell the truth.” [Shenon, 2008, pp. 32-33] However, Mitchell will subsequently resign and Hamilton will replace him as vice chairman (see December 11, 2002). In this role Hamilton will have good relations with the Bush White House (see March 2003-July 2004 and Early July 2004).
November 27, 2002: Kissinger Named Chairman of New 9/11 Commission
President Bush names Henry Kissinger as Chairman of the 9/11 Commission. Congressional Democrats appoint George Mitchell, former Senate majority leader and peace envoy to Northern Ireland and the Middle East, as vice chairman. Their replacements and the other eight members of the commission are chosen by mid-December. Kissinger served as Secretary of State and National Security Adviser for Presidents Nixon and Ford. [New York Times, 11/29/2002] Kissinger’s ability to remain independent is met with skepticism. [Sydney Morning Herald, 11/29/2002; CNN, 11/30/2002; Pittsburgh Post-Gazette, 12/3/2002; Washington Post, 12/17/2002] He has a very controversial past. For instance, “Documents recently released by the CIA, strengthen previously-held suspicions that Kissinger was actively involved in the establishment of Operation Condor, a covert plan involving six Latin American countries including Chile, to assassinate thousands of political opponents.” He is also famous for an “obsession with secrecy.”
[BBC, 4/26/2002] It is even difficult for Kissinger to travel outside the US. Investigative judges in Spain, France, Chile, and Argentina seek to question him in several legal actions related to his possible involvement in war crimes, particularly in Latin America, Vietnam, Cambodia (see March 1969), Laos (see 1969-1973), Bangladesh, Chile, and East Timor (see December 7, 1976). [Village Voice, 8/15/2001; BBC, 4/18/2002; Chicago Tribune, 12/1/2002] The New York Times suggests, “Indeed, it is tempting to wonder if the choice of Mr. Kissinger is not a clever maneuver by the White House to contain an investigation it long opposed.”
[New York Times, 11/29/2002] The Chicago Tribune notes that “the president who appointed him originally opposed this whole undertaking.” Kissinger is “known more for keeping secrets from the American people than for telling the truth” and asking him “to deliver a critique that may ruin friends and associates is asking a great deal.”
[Chicago Tribune, 12/5/2002]
Late 2002-July 2004: 9/11 Commission Initially Pays Little Attention to NSA Material
The 9/11 Commission initially pays very little attention to material from the NSA about al-Qaeda, as it is focusing on the CIA, FBI, and other agencies. Colonel Lorry Fenner, a former air force intelligence officer assigned to the commission’s team reviewing the structure of the intelligence community, finds this surprising. Fenner, who had previously worked closely with the NSA, is “dumfounded” when she learns nobody from the commission is making the short trip to the NSA to review its material on 9/11. The NSA tracked al-Qaeda communications for a long time before 9/11, including numerous calls between the hijackers and other al-Qaeda operatives (see Early 2000-Summer 2001), but the 9/11 Commission apparently does not realize or seem to care how important the material is. Author Philip Shenon will comment: “[F]or the Commission’s staff, [the NSA’s Maryland headquarters at] Fort Meade might as well have been Kabul, it seemed so distant.” One reason is that some people at the commission do not really understand what the NSA does, and also, according to Shenon, “[For executive director Philip] Zelikow and other staff on the commission, it was just more interesting—sexier—to concentrate on the CIA.” [Shenon, 2008, pp. 87-88, 155-6]
Between December 2002 and May 2003: Staffer Moves from One 9/11 Inquiry to Another
Barbara Grewe, a key investigator on the Justice Department inspector general’s investigation of the FBI’s failures before 9/11, moves to the 9/11 Commission. [University of Michigan Law School, 3/7/2005] She was recommended to the Commission by a former colleague who worked at the office of inspector general at the Justice Department. [University Record Online, 3/14/2005] As special investigative counsel at the Justice Department’s office of the inspector general between July and December 2002 she had investigated and reported on the FBI’s handling of intelligence prior to 9/11, and directed part of the investigation into information sharing between the FBI and CIA, missed opportunities to locate the hijackers before 9/11, and earlier warnings about terrorists using airplanes as weapons. This is similar to the work she does on the 9/11 Commission. According to a press release for a lecture she will give in 2005, Grewe also “drafted and edited” the “relevant sections” of the Justice Department’s final report. [University of Michigan Law School, 3/7/2005; Center for American Progress Action Fund, 4/16/2008] However, it is unclear how she could have done this, as she left the Justice Department’s investigation in 2003. Although December 2002 is early on in the Justice Department inspector general’s probe, the following important interviews have been conducted by this time: 
Tom Wilshire, a CIA officer later detailed to the FBI who was involved in many pre-9/11 intelligence failures (see 9:30 a.m. – 4:00 p.m. January 5, 2000, March 5, 2000, May 15, 2001, Mid-May 2001, Late May, 2001, July 23, 2001, August 22, 2001, and August 24, 2001); [9/11 Commission, 7/24/2004, pp. 502] “Michael,” a female CIA officer who had blocked notification to the FBI saying that one of the hijackers, Khalid Almihdhar, had a US visa (see Around 7:00 p.m. January 5, 2000 and January 6, 2000); [9/11 Commission, 7/24/2004, pp. 502] Dina Corsi, an FBI official who withheld intelligence information from criminal investigators in the summer of 2001 (see June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 474] Clark Shannon, a CIA officer who withheld information about Almihdhar from the FBI (see June 11, 2001); [9/11 Commission, 7/24/2004, pp. 537] Margaret Gillespie, an FBI agent detailed to the FBI involved in information sharing problems (see (Late May-Early June) and August 21-22, 2001); [9/11 Commission, 7/24/2004, pp. 538] Robert Fuller, an FBI agent who searched for Almihdhar in the US just before the 9/11 attacks, but failed to find him (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001); [9/11 Commission, 7/24/2004, pp. 539] Russell Fincher and Steve Bongardt, FBI agents from whom the CIA withheld information (see June 11, 2001, June 12-September 11, 2001, and August 29, 2001); [9/11 Commission, 7/24/2004, pp. 537] Sherry Sabol, an attorney involved in errors in the Moussaoui and Almihdhar cases (see August 22-28, 2001 and August 28-29, 2001); [9/11 Commission, 7/24/2004, pp. 538] An FBI official who handled an al-Qaeda informer in Pakistan (see January 4, 2001); [9/11 Commission, 7/24/2004, pp. 537] Harry Samit (see August 15-20, 2001), Greg Jones (see August 27, 2001), John Weess (see August 16, 2001), and Coleen Rowley (see May 21, 2002), FBI officials who worked on the Moussaoui case; [9/11 Commission, 7/24/2004, pp. 531, 540] Rodney Middleton, acting head of the FBI’s bin Laden unit before 9/11 (see July 27, 2001 and after); and [9/11 Commission, 7/24/2004, pp. 538] Jennifer Maitner, an FBI official involved in the Phoenix memo and President Bush’s August 6 presidential daily briefing (see July 10, 2001, July 27, 2001 and after, and (August 4-5, 2001)). [9/11 Commission, 7/24/2004, pp. 536]
