Based on concerns that the US is unprepared for a terrorist attack on its soil, the Republican chairmen of three Senate committees—appropriations, armed services and intelligence—arrange three days of hearings to explore how to better coordinate efforts at preventing and responding to terrorist attacks within the United States. Eighteen government officials testify, including CIA Director George Tenet, Secretary of State Colin Powell, Treasury Secretary Paul O’Neill, Attorney General John Ashcroft, and Deputy Defense Secretary Paul Wolfowitz. Before the hearings commence, Senator Pat Roberts (R-Kan) tells reporters, “The United States is very likely to suffer, on our soil, an attack by a weapon of mass destruction, by a terrorist group or cell. It should come as no surprise this nation is not prepared for such an attack.” [Washington Post, 5/9/2001; Red Cross, 5/10/2001] In his testimony at the hearings, John Ashcroft warns, “It is clear that American citizens are the target of choice of international terrorists. Americans comprise only about 5 percent of the world’s population. However, according to State Department statistics, during the decade of the 1990s, 36 percent of all worldwide terrorist acts were directed against US interests. Although most of these attacks occurred overseas, international terrorists have shown themselves willing to reach within our borders to carry out their cowardly acts.” [US Congress. Senate. Appropriations Committee, 5/9/2001] Yet in a letter describing the agenda of the new administration that he sends to department heads the day after giving this testimony, Ashcroft does not mention terrorism (see May 10, 2001). [New York Times, 2/28/2002] Also testifying at the hearings, FEMA Director Joe Allbaugh announces he will soon be establishing an Office of National Preparedness to coordinate efforts at responding to terrorist attacks. [Washington Post, 5/9/2001] On the day the hearings start, President Bush announces that he is putting Vice President Dick Cheney in charge of overseeing a coordinated effort to address the threat posed to the United States by chemical, biological, and nuclear weapons (see May 8, 2001). [White House, 5/8/2001]
September 2002: Congressional Leaders Allegedly Briefed on CIA Interrogation Techniques, but Do Not Complain
Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised – Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information – Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway – The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]
October 21, 2002: 13 Hijackers Were Never Interviewed by US Consular Officials
The General Accounting Office, the nonpartisan investigative arm of Congress, releases a report asserting that at least 13 of the 19 9/11 hijackers were never interviewed by US consular officials before being granted visas to enter the US. This contradicts previous assurances from the State Department that 12 of the hijackers had been interviewed. It also found that, for 15 hijackers whose applications could be found, none had filled in the documents properly. Records for four other hijackers (the four non-Saudis, i.e., Ziad Jarrah, Mohamed Atta, Fayez Ahmed Banihammad, and Marwan Al Shehhi) could not be checked because they were accidentally destroyed. [National Review Online, 10/21/2002; United States General Accounting Office, 10/21/2002 
; Washington Post, 10/22/2002] The State Department maintains that visa procedures were properly followed. In December 2002, Senators Jon Kyl (R-AZ) and Pat Roberts (R-KS) state in a chapter of the 9/11 Congressional Inquiry that “if State Department personnel had merely followed the law and not granted non-immigrant visas to 15 of the 19 hijackers in Saudi Arabia… 9/11 would not have happened.” [Associated Press, 12/19/2002; US Congress, 7/24/2003, pp. pp. 653-673 ]
June 3, 2004: CIA Director George Tenet Resigns
Citing personal reasons, CIA Director George Tenet announces he will be stepping down in the next month. President Bush praises Tenet’s service, but there is widespread agreement that significant intelligence failures occurred during his tenure, most strikingly 9/11 itself. Sources also suggest that Tenet, originally a Clinton appointee, has been made a convenient scapegoat for Bush administration intelligence failures in Iraq and elsewhere. [CNN, 6/4/2004; Independent, 6/4/2004] Tenet and the Bush administration are expecting harsh criticism from several reports expected to find serious failures in intelligence gathering and analysis related to the 9/11 attacks. Most damaging is an upcoming Senate Intelligence Committee report expected to single out the CIA for errors in its judgments before the Iraq war (see June-November 2004). Committee chairman Pat Roberts (R-KS) has warned the administration that the report will be so harsh that questions will be raised as to whether senior CIA officials should be held accountable. Tenet will be replaced by Deputy Director John McLaughlin until a replacement is named, and will eventually be replaced by Porter Goss (see September 24, 2004). A friend of Tenet’s, former Deputy Director Richard Kerr, says that Tenet “may have believed that he was hurting the president. He’s an honorable person, and he may have had that as a consideration.” Former Democratic senator David Boren, a close friend and mentor of Tenet’s, says Tenet is not leaving because of criticisms likely to be leveled at either him or the agency: “If criticism either actual or anticipated was a factor, he would have left a long time ago. It’s been months of his desiring to leave.” Bush has asked Tenet to remain in the job several times over the past few months. When Tenet told Bush of his intentions to leave on June 2, Bush asked him to stay through the end of the year. Tenet replied that summer is a natural break point and a good time for him to depart. All the camaraderie and mutual praise between the two men aside, many believe that Tenet is departing in part because he is seen as a possible political liability for Bush. Senator Richard Shelby (R-AL) says, “I don’t think there are any tears over there” in the White House over Tenet’s departure. Former Senator Bob Graham (D-FL) believes that Tenet was in some way pushed to leave. “This president has been enamored of George Tenet, and has been reluctant to hold him or anyone else accountable, and that failure was becoming a bigger and bigger liability,” he says. According to Graham, Bush announces Tenet’s resignation for his own political well-being, “under circumstances where he is at the crime scene as short as possible.” Apparently, senior White House officials such as Vice President Dick Cheney and Secretary of State Colin Powell learn of Tenet’s resignation just a few moments before it is announced to the press. Two Congressmen who knew last night of the resignation were Goss (R-FL) and John Warner (R-VA), the chairmen of the House Intelligence and Senate Armed Services Committees, respectively. [New York Times, 6/4/2004]
