Attorney General John Ashcroft’s testimony before the 9/11 Commission (see April 13, 2004) sparks a wave of attacks against 9/11 Commissioner Jamie Gorelick, who was Deputy Attorney General during the Clinton administration. In 1995 Gorelick played a leading role in extending the “wall,” a set of procedures that regulated the passage of information from FBI intelligence agents to FBI criminal agents and prosecutors (see March 4, 1995 and July 19, 1995). Ashcroft calls the wall “the single greatest structural cause for September 11.” The attacks include: 
On April 14 James Sensenbrenner, chairman of the House Judiciary Committee, calls on Gorelick to resign because of her “crippling conflict of interest.” He says “the public cannot help but ask legitimate questions about her motives” and argues that the commission will be “fatally damaged” if she continues. Other Republican congresspersons repeat this call; On April 16 House Majority Leader Tom Delay writes to Commission Chairman Tom Kean saying Gorelick has a conflict of interest and accusing the commission of “partisan mudslinging, circus-atmosphere pyrotechnics, and gotcha-style questioning,” as well as undermining the war effort and endangering the troops; Criticism of Gorelick also appears in several media publications, including the New York Times, New York Post, National Review, Washington Times, and Wall Street Journal. For example, an op-ed piece published in the New York Times by former terrorism commissioners Juliette Kayyem and Wayne Downing says the commissioners are talking too much and should “shut up.” [National Review, 4/13/2004; National Review, 4/19/2004; Kean and Hamilton, 2006, pp. 200-203] On April 22 Senator Christopher Boyd and ten other Republican senators write to the commission calling on Gorelick to testify in public; On April 26 Congressman Lamar Smith and 74 other Republicans write to Gorelick demanding answers to five questions about her time as deputy attorney general; On April 28 the Justice Department declassifies other memos signed by Gorelick; In addition to hate mail, Gorelick receives a bomb threat, requiring a bomb disposal squad to search her home.
Commission Chairmen Tom Kean and Lee Hamilton will call this an “onslaught” and say her critics used the wall “as a tool to bludgeon Jamie Gorelick, implicate the Clinton administration, and undermine the credibility of the commission before we had even issued our report.” Gorelick offers to resign, but the other commissioners support her and she writes a piece for the Washington Post defending herself. [Washington Post, 4/18/2004; Kean and Hamilton, 2006, pp. 200-205] When the commission meets President Bush and Vice President Cheney at the end of the month (see April 29, 2004), Bush tells Kean and Hamilton he does not approve of memos being declassified and posted on the Justice Department’s website. At this point, the commissioners realize “the controversy over Jamie Gorelick’s service on the commission was largely behind us.” That afternoon, the White House publicly expresses the president’s disappointment over the memos and the effort to discredit Gorelick loses momentum. [Kean and Hamilton, 2006, pp. 208, 210]
August 2004: Criticism of the Homeland Security Terror Alert System
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.” [Christian Science Monitor, 8/4/2004]
