9/11 Commission Executive Director Philip Zelikow rewrites a commission staff statement to imply there are ties between al-Qaeda and Iraq. Zelikow often rewrites many of the staff statements, but usually mainly to improve the style (see January 2004), and the addition of the Iraq-related material is unusual. The statement dealing with Iraq was originally compiled by international law expert Scott Allan, a member of the 9/11 Commission’s counterterrorism investigation, which is a strong focus of Zelikow’s attention. Allan writes the statement on the history of US diplomatic efforts to monitor and counteract al-Qaeda during the Clinton years, and the difficulties encountered by the government in working with “friendly” Arab nations such as Saudi Arabia to keep al-Qaeda at bay. Allan and other members of Team 3 are horrified at Zelikow’s rewrite of this report. Zelikow inserts sentences that allege direct ties between Iraq and al-Qaeda (see July 9, 2003), suggest that al-Qaeda officials were in systematic contact with Iraqi government officials in the years before 9/11, and even allege that Osama bin Laden had seriously considered moving to Iraq after the Clinton administration pressured the Taliban to oust him from Afghanistan (see April 4, 2000 and December 29, 2000). Zelikow’s additions are subtle and never directly state that Iraq and al-Qaeda had any sort of working relationship, but the import is clear. The effect of Zelikow’s rewrite would be to put the commission on record as strongly suggesting that such a connection between Iraq and al-Qaeda—long a White House argument to justify the war in Iraq—existed before 9/11, and therefore Iraq bore some of the responsibility for the attacks. Allan never made any such allegations in his original draft. Moreover, he knows from his colleagues who have pored over the archives at the CIA that no evidence of such a connection exists. Allan and the other Team 3 staffers confront Zelikow on the rewrite (see January 2004), and Zelikow eventually backs down (see January 2004). [Shenon, 2008, pp. 317-324]
January 2004: Karl Rove Orders Poll to Determine Public Interest in 9/11 Commission
White House adviser Karl Rove orders a Republican Party poll to determine public interest in a number of issues: Martha Stewart’s insider trading case, Enron’s collapse, and the 9/11 Commission’s investigation. The poll suggests that the public is not that interested in the Commission, which, according to author Philip Shenon, is “a relief at the White House.” Apparently, this is not the only poll Rove orders about the 9/11 Commission. Shenon will add that Rove “would have been a fool not to keep an eye on the Commission, given the potential trouble it could create for Bush on the eve of his reelection campaign—a campaign that would be centered almost entirely on the president’s record on terrorism.” Perhaps partly because of this, the Commission and its staff have “a sense of being watched” by Rove, and commissioner John Lehman will say that Rove views the Commission as a “mortal threat” to Bush’s reelection chances. [Shenon, 2008, pp. 175-176]
January-June 2004: 9/11 Commission Staffer Discovers Material Possibly Linking Iran to 9/11 Figures Unnoticed in NSA Archives
9/11 Commission staffer Lorry Fenner, who is reading through NSA material related to al-Qaeda on her own initiative (see January 2004), finds material possibly linking Iran and Hezbollah to al-Qaeda. [Shenon, 2008, pp. 157, 370-1] The material indicates that between eight and ten of the future hijackers traveled between Saudi Arabia, Afghanistan, and other destinations via Iran. For example, in November 2000, one of the hijackers, Ahmed Alghamdi, took the same flight as a senior Hezbollah official (see November 2000), although the 9/11 Commission report will say this may be a “coincidence.” An associate of a senior Hezbollah operative took the same flight as another three of the hijackers in November 2000, and Hezbollah officials were expecting an undefined group to arrive at the same time. However, the hijackers’ families will say they were in Saudi Arabia at this time (see Mid-November, 2000). Based on information such as this, the commission will conclude that Iran helped al-Qaeda operatives transit Iran by not stamping their passports, but that neither it nor Hezbollah had any knowledge of the 9/11 plot. Under interrogation, detainees Khalid Shaikh Mohammed and Ramzi bin al-Shibh say that some of the hijackers did transit Iran, but that they had no assistance from the Iranian authorities. However, such statements were apparently made after they were tortured, bringing their reliability into question (see June 16, 2004 and August 6, 2007). [9/11 Commission, 7/24/2004, pp. 240-1] The NSA intelligence reports the information about Iranian and Hezbollah is based on were mostly drafted between October and December 2001, so it is possible that the NSA was monitoring Hezbollah in 2000 and then matched up travel by that organization’s operatives with the 9/11 hijackers’ travel, ascertained from airlines, for example, after 9/11. One of the reports, entitled “operative’s claimed identification of photos of two Sept. 11 hijackers,” is dated August 9, 2002. It is unclear who the operative is or how he allegedly came into contact with the alleged 9/11 hijackers. [9/11 Commission, 7/24/2004, pp. 529]
Early January 2004: Able Danger Intelligence Officer Tries Contacting 9/11 Commission
Following an October 2003 meeting with three members of the 9/11 Commission’s staff (see October 21, 2003), Lt. Col. Anthony Shaffer tries contacting Philip Zelikow, the commission’s executive director, as requested by Zelikow himself. Shaffer is an Army intelligence officer who worked closely with a military intelligence unit called Able Danger, which identified Mohamed Atta and three other future 9/11 hijackers in early 2000 (see January-February 2000). He phones Zelikow’s number the first week of January 2004. The person who replies tells him, “I will talk to Dr. Zelikow and find out when he wants you to come in.” However, Shaffer receives no call back, so a week later he phones again. This time, the person who answers him says, “Dr. Zelikow tells me that he does not see the need for you to come in. We have all the information on Able Danger.”
[Government Security News, 9/2005] Yet the commission doesn’t even receive the Able Danger documentation they had previously requested from the Defense Department until the following month (see February 2004). [Thomas H. Kean and Lee H. Hamilton, 8/12/2005 
]
Early 2004: 9/11 Commission Staffer Wants to Quit over Executive Director Zelikow’s Alleged Protection of Rice
Some months after he begins working on National Security Council (NSC) files (see August 2003), 9/11 Commission staffer Warren Bass decides that he should quit the commission, or at least threaten to quit. The main reason for this is because he feels the commission’s executive director, Philip Zelikow, is distorting the commission’s work to favor National Security Adviser Condoleezza Rice, to whom Zelikow is close (see January 3, 2001, Before December 18, 2003, May-June 2004, and February 28, 2005).
‘Zelikow Is Making Me Crazy’ – Bass tells Daniel Marcus, the commission’s lawyer, “I cannot do this,” and “Zelikow is making me crazy.” According to author Philip Shenon, Bass is “outraged” by Zelikow’s conduct and thinks the White House is trying to “sabotage” his work by limiting his access to certain documents. Zelikow will later admit that he had a conflict with Bass, but will say that it was just an honest difference of opinion between historians. However, colleagues will say Bass saw it differently. Shenon will write: “[Bass] made it clear to colleagues that he believed Zelikow was interfering in his work for reasons that were overtly political—intended to shield the White House, and Rice in particular, from the commission’s criticism. For every bit of evidence gathered by Bass and [the commission team investigating US counterterrorism policy] to bolster [former counterterrorism “tsar” Richard] Clarke’s allegation that the White House had ignored terrorist threats in 2001, Zelikow would find some reason to disparage it.”
Talked Out of It – However, Marcus and Michael Hurley, Bass’ immediate superior on the commission, persuade Bass not to resign. Shenon will say that his resignation “would have been a disaster for the commission; Bass was the team’s institutional memory on the NSC, and his writing and editing skills seemed irreplaceable.” Hurley thinks that part of the problem is that Bass, as well as the other members of his team, have a heavy workload, so he gets Zelikow’s consent to hire another staffer, Leonard Hawley. [Shenon, 2008, pp. 149-150]
Before January 14, 2004: CIA Managers Falsely Claim There Was No Pre-9/11 Program to Assassinate Bin Laden
In interviews with the 9/11 Commission, unnamed deputies for CIA director George Tenet repeatedly claim that, before 9/11, they were never given a clear instruction to assassinate Osama bin Laden. This is false, as President Bill Clinton issued such an order following the 1998 embassy bombings (see December 24, 1998). According to author Philip Shenon, the deputies tell the commission “again and again” that they had not been given clear orders to assassinate bin Laden, but “that the CIA had instead been given a confusing set of presidential orders that allowed for bin Laden’s capture, but not his death.” Officers at the CIA apparently blamed this on “overly cautious” lawyers at the White House and Justice Department. The commission learns the deputies’ claims are false from Clinton’s former National Security Adviser Sandy Berger in January 2004 (see January 14, 2004). [Shenon, 2008, pp. 253-4]
January 14, 2004: 9/11 Commission First Learns of Clinton Order to Assassinate Bin Laden
The 9/11 Commission first learns that the US had a program to assassinate Osama bin Laden before 9/11 (see December 24, 1998). The program, which is disclosed to the commission’s staff by former National Security Adviser Sandy Berger, was a response to the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The commission was not previously aware of the order and when Berger tells them about it they are confused, because the CIA has been telling them there was no such order for months. When the commission tells Berger what the CIA has said, he assures them that there is an explicit document, a memorandum of notification concerning Afghanistan, that gives the CIA the authority to kill bin Laden, not just capture him. It is unclear why CIA managers repeatedly told the commission there was no such order (see Before January 14, 2004). [Shenon, 2008, pp. 253-254]
Mid-December 2003-Mid-January 2004: Political Considerations Determine Length of Extension Requested by 9/11 Commission
The 9/11 Commission realizes that it will not meet its reporting deadline of May 2004 and decides it will have to ask for an extension. Any extension would have to be approved by Congressional leaders and the White House. In order to determine how much extra time the commission will need, Chairman Tom Kean and Vice Chairman Lee Hamilton poll the other commissioners and staff members to gauge their opinions. Commissioners Slade Gorton and Tim Roemer suggest six months, but this would push the reporting date back after the presidential election in November. Kean and Hamilton are aware that this will probably not be permitted by Republicans, as they will be worried that parts of the report critical of Bush will be leaked to the press. In addition, Kean wants the report out during the presidential campaign, in the hopes that the two candidates will have a “bidding war” over who will implement more of the commission’s recommendations. In the end, the commission decides to ask for a two-month extension, meaning the report will be issued in July. [Shenon, 2008, pp. 226-227] The extension is initially opposed by the White House (see January 19, 2004), but the administration changes its mind (see February 5, 2004), and the extension is finally granted (see March 2, 2004).
January 19, 2004: White House Opposes 9/11 Commission Extension
The Washington Post reports, “A growing number of [9/11 Commission] members [have] concluded that the panel needs more time to prepare a thorough and credible accounting of missteps leading to the terrorist attacks.” As a result, the commission is asking Congress to vote on approving a several month extension to finish their report. “But the White House and leading Republicans have informed the panel that they oppose any delay, which raises the possibility that Sept. 11-related controversies could emerge during the heat of the presidential campaign.” [Washington Post, 1/19/2004] The White House will reverse its stance a month later (see February 5, 2004).
January-March 22, 2004: National Security Adviser Rice Privately Regrets 9/11 Comments, Then Publicly Repeats Them
The New York Times later reports that in private discussions with the 9/11 Commission in January 2002, National Security Adviser Condoleeza “Rice [is] asked about statements she made in 2001 and 2002 [(see May 16, 2002)] that ‘we could not have imagined’ that terrorists would use aircraft as weapons by piloting them into buildings. She [tells] the commission that she regret[s] those comments, because at the time she was not aware of intelligence, developed in the late 1990s, that some terrorists were thinking of using airplanes as guided missiles. She told the commission in the private session that she should have said, ‘I could not have imagined,’ according to one official familiar with the testimony, making it clear that some in the intelligence community knew about those threats but that she did not.” [New York Times, 4/6/2004] However, in a March 22, 2004 op-ed for the Washington Post entitled “For the Record,” she essentially repeats her 2002 comments, claiming, “Despite what some have suggested, we received no intelligence that terrorists were preparing to attack the homeland using airplanes as missiles, though some analysts speculated that terrorists might hijack airplanes to try to free US-held terrorists.” [Washington Post, 3/22/2004]
