Recently hired 9/11 Commission Executive Director Philip Zelikow assumes responsibility for hiring the rest of the commission’s staff. According to an agreement with the commission’s chairman and vice chairman, Tom Kean and Lee Hamilton, the two of them can veto the people he chooses, or even insist that a person Zelikow does not want is hired. However, these powers are exercised rarely, if at all, and, according to author Philip Shenon, it is “left mostly to Zelikow to choose who would conduct the investigations and how their responsibilities would be divided.” In one instance, Zelikow puts potential hire Navy lieutenant Kevin Shaeffer, who was badly injured at the Pentagon on 9/11, through a grueling interview before offering him a job. Shenon will comment that Zelikow did this “to make it clear to everyone that he was in charge; the people being hired for the commission worked for him.” The fact that commissioners do not have their own staffers also enhances Zelikow’s power. Zelikow will comment: “If commissioners have their own personal staff, this empowers commissioners to pursue their own agenda. [If there is a single nonpartisan staff it] doesn’t mean that the commissioners are powerless, It means that they are powerless individually and powerful together.” Shenon will point out: “It also meant that, ultimately, the staff answered to Zelikow. Every one of them. If information gathered by the staff was to be passed to the commissioners, it would have to go through Zelikow.” [Shenon, 2008, pp. 81-83]
Around February 2003: 9/11 Commission Executive Director Zelikow Assumes Close Control of Key Commission Team
After the 9/11 Commission’s staff is divided into nine teams, the commission’s executive director, Philip Zelikow, begins to closely supervise the work done by the commission’s team 3, which is investigating counterterrorism policy. Author Philip Shenon will later point out that this team is responsible for the “most politically sensitive” portion of the commission’s work, because it is to “review the performance of the Bush and Clinton administrations in dealing with al-Qaeda threats before 9/11.” It will have access to CIA and NSC files, and is tasked with determining whether the Clinton administration did enough to destroy al-Qaeda and why “the Bush administration had seemed to do so little in response to the flood of terrorism warnings in the months before 9/11.” Zelikow soon makes it clear that this team is his priority, carefully checking the lists of documents and interviews the commission is asking the Bush administration for. He also announces that he wants to be present at all the major interviews. Shenon will comment: “At first, members of the team found it flattering that Zelikow wanted to spend so much of his own time and energy on the work of Team 3. Their suspicion of his motives grew later.” As time goes on, the team members are startled to discover that he wants to “be involved in the smallest details of their work” to such an extent that he “ignore[s] the work of other teams of investigators,” who are even moved out of the commission’s main building and into separate “dark, claustrophobic” offices known as “the Cave.” [Shenon, 2008, pp. 86-87, 145]
March 2003: Zelikow and 9/11 Commission Consultant Complete Outline of Final Report before Staff Start Writing It
9/11 Commission Executive Director Philip Zelikow and Ernest May, a long-time associate of Zelikow and consultant to the commission, complete an outline of the commission’s final report, although the commission has barely began its work and will not report for another 16 months. The outline is detailed and contains chapter headings, subheadings, and sub-subheadings. The outline anticipates a 16-chapter report (note: the final report only has 13) that starts with a history of al-Qaeda and Osama bin Laden’s 1998 fatwa against the US. There will then be chapters on US counterterrorism policy, threat reporting leading up to 9/11, and the attacks themselves will be in chapter seven (in the final report, the day of 9/11 chapter is moved to the start).
“Blinding Effects of Hindsight” – Zelikow and May even have a chapter ten entitled “Problems of Foresight—And Hindsight,” with a sub-chapter on “the blinding effects of hindsight,” (actually chapter 11 in the final report, slightly renamed “Foresight—And Hindsight;” the “blinding effects” sub-heading does not appear in the final version, but the chapter starts with a meditation on the value of hindsight).
Kept Secret – Zelikow shows the report to Commission Chairman Tom Kean and Vice-chairman Lee Hamilton and they like it, but think it could be seen as evidence that they have pre-determined the outcome. Therefore, they all decide it should be kept secret from the commission’s staff. According to May it is “treated as if it were the most classified document the commission possessed.” Zelikow comes up with his own internal classification system, labeling it “Commission Sensitive,” a phrase that appears on the top and bottom of each page.
Staff Alarmed – When the staff find out about it and are given copies over a year later, they are alarmed. They realize that the sections of the report about the Bush administration’s failings will be in the middle of the report, and the reader will have to wade past chapters on al-Qaeda’s history to get to them. Author Philip Shenon will comment: “Many assumed the worst when they saw that Zelikow had proposed a portion of the report entitled ‘The Blinding Effects of Hindsight.’ What ‘blinding hindsight’? They assumed Zelikow was trying to dismiss the value of hindsight regarding the Bush administration’s pre-9/11 performance.” In addition, some staffers begin circulating a parody entitled “The Warren Commission Report—Preemptive Outline.” One of the parody’s chapter headings is “Single Bullet: We Haven’t Seen the Evidence Yet. But Really. We’re Sure.” [9/11 Commission, 7/24/2004; Shenon, 2008, pp. 388-389]
February 2003 or After: 9/11 Commission Staff Set up ‘Back-Channel Network’ to Report on Executive Director Zelikow’s Behavior
Members of the 9/11 Commission’s staff who are suspicious of the partisanship of the Commission’s executive director, Philip Zelikow, establish what author Philip Shenon calls a “back-channel network” through which reports of Zelikow’s behavior can be passed. The staff members are suspicious of Zelikow because they think he is close to the Bush administration, in particular National Security Adviser Condoleezza Rice (see January 3, 2001), whose interests he defends on the Commission (see May-June 2004). The network’s aim is to “alert the Democratic commissioners when [staff] thought Zelikow was up to no good.” Commissioner Tim Roemer will say that he often gets phone calls late at night or on weekends at home from staffers who want to talk about Zelikow. “It was like Deep Throat,” he will later say (see May 31, 2005). Richard Ben-Veniste is another one of the Democratic commissioners involved in the network. [Shenon, 2008, pp. 375]
March 2, 2003: 9/11 Commission Executive Director Zelikow Tries to Prevent Staff Talking Directly to Commissioners
The 9/11 Commission’s executive director Philip Zelikow issues a five-page memo, entitled “What Do I Do Now?” telling newly hired staff members how to go about their jobs on the Commission. The most controversial part of the memo prevents staffers from returning calls from commissioners, stating: “If you are contacted by a commissioner, please contact [deputy executive director] Chris [Kojm] or me. We will be sure that the appropriate members of the Commission’s staff are responsive.” Author Philip Shenon will write that the staffers are surprised by this: “It occurred to several of the staff members, especially those with experience on other federal commissions, that Zelikow was trying to cut off their contact with the people they really worked for—the commissioners.”
Part of Memo Rescinded – When commissioner Jamie Gorelick learns of the restriction, she calls the Commission’s chairman and vice chairman, Tom Kean and Lee Hamilton, and tells them this is unacceptable. Fellow commissioner Max Cleland also thinks the order is a bad idea, and will later say, “It violates the spirit of an open look at what the hell happened on 9/11.” Zelikow is forced to rescind this portion of the memo, allowing commissioners free access to the staff.
Other Restrictions – Other rules in the memo include: 
Commission staff should not disclose the exact location of the Commission’s offices for security reasons; Staffers should never talk to reporters about the Commission’s work, because “there are no innocent conversations with reporters.” Zelikow or his deputy should be notified of such calls. A breach of this rule can get a staffer fired; and All staffers have to prepare a confidential memo describing potential conflicts of interest. Shenon will comment, “Staff members who knew some of Zelikow’s own conflicts of interest found it amusing that he was so worried about theirs.” [9/11 Commission, 3/2/2003; Shenon, 2008, pp. 83-85]
2:00 p.m. March 31, 2003: First Expert Witness for 9/11 Commission Promotes Iraq War
Abraham Sofaer of the Hoover Institution, a conservative think tank, becomes the first expert witness to testify before the 9/11 Commission. He uses this opportunity to express his support for the war in Iraq. Sofaer, a former federal judge and State Department legal adviser, will later say that he was pleased to testify before the Commission and that he knew what an honor it was to be the first expert witness. According to author Philip Shenon, the witness list was drawn up by Philip Zelikow, the Commission’s executive director, who appears to be a supporter of the Iraq war (see June 14, 2002). Despite Sofaer’s experience, Shenon will think it “odd” that he is the first expert witness, as he has “no special expertise on the events of September 11.” Instead, he advocates the recent US invasion of Iraq and champions the concept of “preemptive defense” or “preemptive war,” even against a country that poses no imminent military threat. “The president’s principles are strategically necessary, morally sound, and legally defensible,” Sofaer says. He also criticizes the perceived policy of former President Bill Clinton, saying, “The notion that criminal prosecution could bring a terrorist group like al-Qaeda to justice is absurd.” In the future, he says, when an enemy “rises up to kill you,” the US should “rise up and kill him first.” He calls on the Commission to endorse the preemptive war concept, and, in effect, the invasion of Iraq. [Shenon, 2008, pp. 103-104]
April 2003: 9/11 Commission’s Zelikow Refuses to Approve Half of Interview Requests for ‘Saudi Connection’ Investigators
Two investigators on the 9/11 Commission, Mike Jacobson and Dana Leseman, compile a list of interviews they want to do to investigate leads indicating that two of the 9/11 hijackers, Khalid Almihdhar and Nawaf Alhazmi, were linked to elements of the Saudi government. The list is submitted to Philip Zelikow, the commission’s executive director, for approval. However, a few days later Zelikow replies that the twenty interviews requested is too much, and they can only do half the interviews. Leseman, a former Justice Department lawyer, is unhappy with this, as it is traditional to demand the widest range of documents and interviews early on, so that reductions can be made later in negotiations if need be.
‘We Need the Interviews’ – Leseman tells Zelikow that his decision is “very arbitrary” and “crazy,” adding: “Philip, this is ridiculous. We need the interviews. We need these documents. Why are you trying to limit our investigation?” Zelikow says that he does not want to overwhelm federal agencies with document and interview requests at an early stage of the investigation, but, according to author Philip Shenon, after this, “Zelikow was done explaining. He was not in the business of negotiating with staff who worked for him.”
More Conflicts – This is the first of several conflicts between Zelikow and Leseman, who, together with Jacobson, had been on the staff of the 9/11 Congressional Inquiry and had researched this issue there. Shenon will write: “Leseman was that rare thing on the commission: She was not afraid of Zelikow; she would not be intimidated by him. In fact, from the moment she arrived at the commission’s offices on K Street, she seemed to almost relish the daily combat with Zelikow, even if she wondered aloud to her colleagues why there had to be any combat at all.” [Shenon, 2008, pp. 109-111]
Later Fired, Evidence Deleted from Final Report – Zelikow will later fire Leseman from the commission for mishandling classified information (see April 2003 and (April 2003)) and will have the evidence of the Saudi connection gathered by Jacobson and Leseman’s successor, Raj De, deleted from the main text of the commission’s report (see June 2004).
April 2003: 9/11 Commission’s Zelikow Blocks Access to Key Document by ‘Saudi Connection’ Investigators
9/11 Commission Executive Director Philip Zelikow prevents two investigators, Mike Jacobson and Dana Leseman, from viewing a key document they need for their work. Jacobson and Leseman are working on the ‘Saudi Connection’ section of the commission’s investigation, researching leads that there may have been a link between two of the 9/11 hijackers, Khalid Almihdhar and Nawaf Alhazmi, and elements of the government of Saudi Arabia. Zelikow is also involved in another, related dispute with Leseman at this time (see April 2003).
28 Pages – The classified document in question is part of the 9/11 Congressional Inquiry, 28 pages that were redacted in the final report and concerned possible Saudi government support for two of the 9/11 hijackers (see August 1-3, 2003). The 28 pages were actually written by Jacobson and are obviously relevant to his and Leseman’s work at the 9/11 Commission, but Jacobson cannot remember every detail of what he wrote.
Stalled – Leseman therefore asks Zelikow to get her a copy, but Zelikow fails to do so for weeks, instead concluding a deal with the Justice Department that bans even 9/11 commissioners from some access to the Congressional Inquiry’s files (see Before April 24, 2003). Leseman confronts Zelikow, demanding: “Philip, how are we supposed to do our work if you won’t provide us with basic research material?” Zelikow apparently does not answer, but storms away. [Shenon, 2008, pp. 110-112]
Leseman Later Fired – Leseman later obtains the document through a channel other than Zelikow, and will be fired for this (see (April 2003)).
April 2003: Zelikow Fires ‘Saudi Connection’ Investigator from 9/11 Commission in Dispute over 28 Redacted Pages from Congressional Inquiry
9/11 Commission Executive Director Philip Zelikow fires one of the commission’s investigators, Dana Leseman, with whom he has had a number of conflicts (see April 2003). Leseman and a colleague were researching a possible link between two of the 9/11 hijackers, Khalid Almihdhar and Nawaf Alhazmi, and elements of the government of Saudi Arabia.
Blocked – The firing stems from a dispute over the handling of classified information. Leseman asked Zelikow to provide her with a document she needed for her work, 28 redacted pages from the 9/11 Congressional Inquiry report she had helped research herself, but Zelikow had failed to do so for some time (see April 2003 and August 1-3, 2003). Leseman then obtained a copy of the report through a channel other than Zelikow, which is a breach of the commission’s rules on handling classified information. Some colleagues will later say that this is just a minor infraction of the rules, as the document is relevant to Leseman’s work, she has the security clearance to see it, and she keeps it in a safe in the commission’s offices. However, she does not actually have authorisation to have the document at this point.
‘Zero-Tolerance Policy’ – Zelikow will later say she violated the commission’s “zero-tolerance policy on the handling of classified information,” and that she “committed a set of very serious violations in the handling of the most highly classified information.” Zelikow is supported by the commission’s lawyer Daniel Marcus, as they are both worried that a scandal about the mishandling of classified information could seriously damage the commission’s ability to obtain more classified information, and will be used as a stick to beat the commission by its opponents.
Fired, Kept Secret – Zelikow is informed that Leseman has the document by a staffer on one of the commission’s other teams who has also had a conflict with Leseman, and fires her “only hours” after learning this. Luckily for the commission and Leseman, no word of the firing reaches the investigation’s critics in Congress. Author Philip Shenon will comment, “The fact that the news did not leak was proof of how tightly Zelikow was able to control the flow of information on the commission.”
‘Do Not Cross Me’ – Shenon will add: “To Leseman’s friends, it seemed that Zelikow had accomplished all of his goals with her departure. He had gotten rid of the one staff member who had emerged early on as his nemesis; he had managed to eject her without attracting the attention of the press corps or the White House. And he had found a way to send a message to the staff: ‘Do not cross me’.” [Shenon, 2008, pp. 110-113] Zelikow will later be investigated for mishandling classified information himself, but will apparently be exonerated (see Summer 2004).
Before April 24, 2003: 9/11 Commission Executive Director Zelikow Cuts off Commissioners’ Access to Congressional Inquiry Files
9/11 Commission Executive Director Philip Zelikow strikes a deal with the Justice Department to cut the 9/11 Commission’s access to files compiled by the 9/11 Congressional Inquiry (see July 24, 2003) until the White House is able to review them. However, he keeps the agreement secret from the commissioners and, when Commissioner Tim Roemer, who had actually sat on the Congressional Inquiry and already seen the material, goes to Capitol Hill to read the files on April 24, he is turned away. Roemer is furious and asks: “Why is our executive director making secret deals with the Justice Department and the White House? He is supposed to be working for us.” [Associated Press, 4/26/2003; Shenon, 2008, pp. 90] He adds, “No entity, individual, or organization should sift through or filter our access to material.” [Associated Press, 4/30/2003] Author Philip Shenon will comment, “Roemer believed, correctly, that it was a sign of much larger struggles to come with Zelikow.” [Shenon, 2008, pp. 90]
