NORAD is already planning for the Amalgam Virgo 02 exercise. This exercise, scheduled for June 2002, will involve the simulation of two simultaneous commercial aircraft hijackings. One plane, a Delta 757, flown by Delta pilots, will fly from Salt Lake City, Utah, to Elmendorf Air Force Base in Anchorage, Alaska. It will be “hijacked” by FBI agents posing as terrorists. The other plane will be a Navy C-9 bound from Oak Harbor, Washington, to Vancouver, British Columbia, and will be “hijacked” by Royal Canadian Mounted Police. On both planes, military personnel will act as civilian passengers. US and Canadian fighters are to respond, and either force the planes to land or simulate shooting them down. Describing Amalgam Virgo 02 to the 9/11 Commission, NORAD’s Major General Craig McKinley later says, “Threats of killing hostages or crashing were left to the script writers to invoke creativity and broaden the required response for players.” About 1,500 people will participate in the exercise. USA Today will note that this is an exception to NORAD’s claim that, prior to 9/11, it focused only on external threats to the US and did not consider the possibility of threats arising from within the US. 9/11 Commissioner Richard Ben-Veniste will similarly comment that this planned exercise shows that, despite frequent comments to the contrary, the military considered simultaneous hijackings before 9/11. [CNN, 6/4/2002; American Forces Press Service, 6/4/2002; Associated Press, 6/5/2002; 9/11 Commission, 5/23/2003; USA Today, 4/18/2004]
August 4, 2001: Possible 20th Hijacker Al-Khatani Is Denied Entry to US
A Saudi named Mohamed al-Khatani is stopped at the Orlando, Florida, airport and denied entry to the US. Jose Melendez-Perez, the customs official who stops him, later says he was suspicious of al-Khatani because he had arrived with no return ticket, no hotel reservations, spoke little English, behaved menacingly, and offered conflicting information on the purpose of his travel. At one point, al-Khatani said that someone was waiting for him elsewhere at the airport. After 9/11, surveillance cameras show that Mohamed Atta was at the Orlando airport that day. 9/11 Commissioner Richard Ben-Veniste says: “It is extremely possible and perhaps probable that [al-Khatani] was to be the 20th hijacker.” Al-Khatani boards a return flight to Saudi Arabia. He is later captured in Afghanistan and sent to a US military prison at Guantanamo Bay, Cuba (see December 2001). Melendez-Perez says that before 9/11, customs officials were discouraged by their superiors from hassling Saudi travelers, who were seen as big spenders. [Los Angeles Times, 1/27/2004; Time, 6/12/2005] Al-Khatani will later confess to being sent to the US by 9/11 mastermind Khalid Shaikh Mohammed (KSM) (see July 2002), and in June 2001 US intelligence was warned that KSM was sending operatives to the US to meet up with those already there (see June 12, 2001).
December 16, 2002: Members of 9/11 Commission Have Potential Conflicts of Interest
The 10 members of the new 9/11 Commission are appointed by this date, and are: Republicans Thomas Kean (chairman), Slade Gorton, James Thompson, Fred Fielding, and John Lehman, and Democrats Lee Hamilton (vice chairman), Max Cleland, Tim Roemer, Richard Ben-Veniste, and Jamie Gorelick. [Chicago Tribune, 12/12/2002; Associated Press, 12/16/2002; New York Times, 12/17/2002] Senators Richard Shelby (R-AL) and John McCain (R-AZ) had a say in the choice of one of the Republican positions. They and many 9/11 victims’ relatives wanted former Senator Warren Rudman (R-NH), who co-wrote an acclaimed report about terrorism before 9/11 (see January 31, 2001). But, possibly under pressure from the White House, Senate Republican leader Trent Lott (R-MS) blocked Rudman’s appointment and chose John Lehman instead. [St. Petersburg Times, 12/12/2002; Associated Press, 12/13/2002; Reuters, 12/16/2002; Shenon, 2008, pp. 55-56] It will slowly emerge over the next several months that at least six of the 10 commissioners have ties to the airline industry. [CBS News, 3/5/2003] Henry Kissinger (see December 13, 2002) and his replacement Thomas Kean (see December 16, 2002) both caused controversy when they were named. In addition, the other nine members of the Commission are later shown to all have potential conflicts of interest. Republican commissioners: Fred Fielding also works for a law firm lobbying for Spirit Airlines and United Airlines. [Associated Press, 2/14/2003; CBS News, 3/5/2003]
Slade Gorton has close ties to Boeing, which built all the planes destroyed on 9/11, and his law firm represents several major airlines, including Delta Air Lines. [Associated Press, 12/12/2002; CBS News, 3/5/2003]
John Lehman, former secretary of the Navy, has large investments in Ball Corp., which has many US military contracts. [Associated Press, 3/27/2003]
James Thompson, former Illinois governor, is the head of a law firm that lobbies for American Airlines and has previously represented United Airlines. [Associated Press, 1/31/2003; CBS News, 3/5/2003] Democratic commissioners:
Richard Ben-Veniste represents Boeing and United Airlines. [CBS News, 3/5/2003] He also has other curious connections, according to a 2001 book on CIA ties to drug running written by Daniel Hopsicker, which has an entire chapter called “Who is Richard Ben-Veniste?” Lawyer Ben-Veniste, Hopsicker says, “has made a career of defending political crooks, specializing in cases that involve drugs and politics.” He has been referred to in print as a “Mob lawyer,” and was a long-time lawyer for Barry Seal, one of the most famous drug dealers in US history who is also alleged to have had CIA connections. [Hopsicker, 2001, pp. 325-30]
Max Cleland, former US senator, has received $300,000 from the airline industry. [CBS News, 3/5/2003]
James Gorelick is a director of United Technologies, one of the Pentagon’s biggest defense contractors and a supplier of engines to airline manufacturers. [Associated Press, 3/27/2003]
Lee Hamilton sits on many advisory boards, including those to the CIA, the president’s Homeland Security Advisory Council, and the US Army. [Associated Press, 3/27/2003]
Tim Roemer represents Boeing and Lockheed Martin. [CBS News, 3/5/2003]
January 26, 2003: Some 9/11 Commission Members Unhappy with Staffing Arrangements, Executive Director Zelikow’s Appointment and Degree of Control
When all ten members of the 9/11 Commission meet for the first time, in an informal setting, some of them are already unhappy about the way the commission is being run. Some of the Democratic members are unhappy about the selection of Republican Philip Zelikow as executive director (see Shortly Before January 27, 2003), a decision made solely by chairman Tom Kean and vice chairman Lee Hamilton. Commissioner Richard Ben-Veniste will say Zelikow’s appointment was “presented as a fait accompli.” Ben-Veniste is also alarmed by Zelikow’s links to National Security Adviser Condoleezza Rice (see 1995 and January 3, 2001), and he and fellow commissioner Max Cleland are upset about the proposed staff structure (see Around February 2003). There is to be a single staff led by Zelikow, and the commissioners will not have personal staffers, although this is usual on such commissions. Ben-Veniste proposes that each commissioner develop an expertise in a specific field, but this plan is blocked by Kean, Hamilton, and Zelikow. Kean and Hamilton also say that the commissioners can visit the commission’s offices, but cannot have a permanent presence there. Indeed, not even Kean and Hamilton will have an office in the commission’s building. Author Philip Shenon will comment: “To Ben-Veniste, the way the staff was being organized guaranteed that the commissioners’ involvement in the details of the investigation would be limited. It centralized control in Zelikow’s hands.” [Shenon, 2008, pp. 69-70]
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]
May 23, 2003: General Claims Military Notified of Flights 77 and 93 Earlier than Apparently Happened
The 9/11 Commission holds a public hearing at which it takes testimony from military officials about the timeline of events on the day of 9/11. The key witness is retired Air Force General Larry Arnold, who commanded NORAD’s Continental US Region on the day of 9/11. Under questioning from commissioner Richard Ben-Veniste, Arnold says, “I believe that to be a fact: that 9:24 was the first time that we had been advised of American 77 as a possible hijacked airplane.” However, the Commission will later conclude that the military was not notified of the hijacking at this time, although it had been mistakenly advised Flight 11 was inbound to Washington three minutes previously (see 9:21 a.m. September 11, 2001 and (9:24 a.m.) September 11, 2001). Arnold adds that if the military was slow in responding to Flight 77, it was because “our focus—you have got to remember that there’s a lot of other things going on simultaneously here—was on United 93.” However, Flight 93 was not hijacked until a few minutes after 9:24 (see (9:28 a.m.) September 11, 2001). Arnold adds: “It was our intent to intercept United Flight 93. And in fact, my own staff, we were orbiting now over Washington, DC, by this time, and I was personally anxious to see what 93 was going to do, and our intent was to intercept it.” However, the Commission will later conclude that the military did not learn that Flight 93 had been hijacked until around 10:00 a.m. (see 10:03 a.m. September 11, 2001). Prior to the hearing, the Commission’s staff had been concerned about the inaccuracy of timelines offered by the military. Author Philip Shenon will write: “It seemed all the more remarkable to [Commission staffer John Farmer] that the Pentagon could not establish a clear chronology of how it responded to an attack on the Pentagon building itself. Wouldn’t the generals and admirals want to know why their own offices—their own lives—had been put at risk that morning?” Therefore, Farmer thought that the hearing should clear things up, but, according to Shenon, he and his colleagues are “astonished” when they analyze what Arnold says, although he is not under oath on this day. Shenon will add, “It would later be determined that almost every one of those assertions by General Arnold in May 2003 was flat wrong.” [Shenon, 2008, pp. 119-121]
July 9, 2003: Mylroie Testifies Before 9/11 Commission, Airs Theories of Connections between Iraq and al-Qaeda
The 9/11 Commission holds its first set of public hearings on al-Qaeda and its connections to other nations and terrorist groups. [Shenon, 2008, pp. 130-134]
‘Political Theater’ – The first person to testify is Laurie Mylroie, of the conservative American Enterprise Institute. Mylroie’s testimony is, in the words of author Philip Shenon, “a bizarre bit of political theater.” Mylroie, considered by some to be “one of the most influential political academics of her generation, whose research was cited by the United States government to justify a war,” sits in front of the Commission, “spouting what would later be shown to be—and what many experts in the field already knew to be—nonsense.” Mylroie says that both the 1993 WTC bombing (see February 26, 1993) and 9/11 were planned and carried out by Iraqi intelligence agents, and the planner of the 1993 attacks, Ramzi Yousef (see December 1991-May 1992 and Late July or Early August 2001), and the chief 9/11 planner, Khalid Shaikh Mohammed (see 1987-1991), were both Iraqi spies. Iraq had planted phony identification documents—“legends”—in Kuwaiti government offices during the Iraqi occupation of Kuwait in 1990, she says. [Shenon, 2008, pp. 130-134] “The odds are high that these people are not whom they claim to be, and demonstrating that would constitute a clear link between Iraq and the 9/11 attack, as reasonably only Iraq could have created these legends while it occupied Kuwait,” she states. Al-Qaeda was a front group for Iraq in the same way that Hezbollah is a front group for Syria, she claims, and tells the Commission, “We went to war because senior administration officials believe Iraq was involved in 9/11” (see July 31, 2002). [Shenon, 2008, pp. 130-134]
Discrediting Mylroie – Several members of the Commission and its staff are dubious about Mylroie’s claims (see July 9, 2003). Commissioner Richard Ben-Veniste, one of those who believes her appearance is part of the Bush administration’s efforts to justify the war with Iraq, forces her to admit that “95 percent” of Middle East experts do not accept her theories about a connection between Iraq and al-Qaeda. Testimony later the same day by CIA expert Judith Yaphe further discredits Mylroie’s theories (see July 9, 2003). Both Yaphe and Ben-Veniste feel that Mylroie’s theories are shown to be little more than wild speculations with no evidence to bolster them, but the media coverage of her testimony is far different. She is given great credence by almost all of the mainstream media reports of her appearance before the Commission. [Shenon, 2008, pp. 130-134] Additionally, many of those who lost family members in the attacks are angered by Mylroie’s testimony (see July 9, 2003). Shortly after her testimony, Mylroie’s new book Bush vs. the Beltway will be published, expounding further on her theories. [Washington Monthly, 12/2003]
January 22, 2004: CIA Director Tenet’s Memory Losses Alarm 9/11 Commission
The 9/11 Commission interviews CIA Director George Tenet, but, due to frequent evasive answers, the commission doubts that he is telling them the full truth. The commission, represented at the interview by Executive Director Philip Zelikow, Commissioner Richard Ben-Veniste, and some staffers, takes the unusual step of putting Tenet under oath before questioning him, because, in the words of author Philip Shenon, “The CIA’s record was full of discrepancies about the facts of its operations against bin Laden before 9/11, and many of the discrepancies were Tenet’s.”
“I Don’t Recall” – The commission immediately begins to doubt Tenet’s veracity, as he keeps saying, “I don’t remember,” “I don’t recall,” and “Let me go through the documents and get back to you with an answer.” This is despite the fact that Tenet spent a long time revising for his discussions with the commission beforehand (see Before January 22, 2004). Author Philip Shenon will summarize: “Tenet remembered certain details, especially when he was asked the sorts of questions he was eager to answer… But on many other questions, his memory was cloudy. The closer the questions came to the events of the spring and summer of 2001 and to the 9/11 attacks themselves, the worse his memory became.” In addition, the memory lapses concern not only details, but also “entire meetings and key documents.” Tenet even says he cannot recall what was discussed at his first meeting with President George Bush after his election in 2000, which the commission finds “suspicious.” Neither can he recall what he told Bush in the morning intelligence briefings in the months leading up to 9/11.
“We Just Didn’t Believe Him” – Zelikow will later say that there was no one “a-ha moment” when they realize Tenet is not telling them the full truth, but his constant failure to remember key aspects disturbs them, and in the end, Zelikow will say, “we just didn’t believe him.” After the meeting, Zelikow, who seemed to have decided that the CIA had failed in the run up to 9/11 at the very start of the investigation (see Late January 2003), basically reports to the commissioners that Tenet perjured himself. The staff and most of the commissioners come to believe that, in Shenon’s words, Tenet is “at best, loose with the facts,” and at worst “flirting with a perjury charge.” Even Commission Chairman Tom Kean, “who found it difficult to say anything critical of anyone,” comes to believe that Tenet is a witness that will “fudge everything.”
CIA View – CIA staffers will later dispute this, saying that Tenet’s inability to remember some things was perfectly normal. CIA staffer Rudy Rousseau will say, “I’m surprised he remembered as much as he did.” Tenet’s chief of staff John Moseman will say, “Neither he [Tenet], nor we, held anything back… To suggest so now is not honorable.” [Shenon, 2008, pp. 257-260]
January 28, 2004: CIA Director Tenet Privately Tells 9/11 Commission about Urgent Pre-9/11 Warning, but His Testimony Is Kept Secret
Former CIA Director George Tenet privately testifies before the 9/11 Commission. He provides a detailed account of an urgent al-Qaeda warning he gave to the White House on July 10, 2001 (see July 10, 2001). According to three former senior intelligence officials, Tenet displays the slides from the PowerPoint presentation he gave the White House and even offers to testify about it in public. According to the three former officials, the hearing is attended by commissioner Richard Ben-Veniste, the commission’s executive director Philip Zelikow, and some staff members. When Tenet testifies before the 9/11 Commission in public later in the year, he will not mention this meeting. The 9/11 Commission will neglect to include Tenet’s warning to the White House in its July 2004 final report. [McClatchy Newspapers, 10/2/2006] Portions of a transcript of Tenet’s private testimony will be leaked to reporters in 2006. According to the transcript, Tenet’s testimony included a detailed summary of the briefing he had with CIA counterterrorism chief Cofer Black on July 10 (see July 10, 2001). The transcript also reveals that he told the commission that Black’s briefing had prompted him to request an urgent meeting with Rice about it. This closely matches the account in Woodward’s 2006 book that first widely publicized the July meeting (see September 29, 2006). [Washington Post, 10/3/2006] Shortly after Woodward’s book is published, the 9/11 Commission staff will deny knowing that the July meeting took place. Zelikow and Ben-Veniste, who attended Tenet’s testimony, will say they are unable to find any reference to it in their files. But after the transcript is leaked, Ben-Veniste will suddenly remember details of the testimony (see September 30-October 3, 2006) and will say that Tenet did not indicate that he left his meeting with Rice with the impression he had been ignored, as Tenet has alleged. [New York Times, 10/2/2006] Woodward’s book will describe why Black, who also privately testified before the 9/11 Commission, felt the commission did not mention the July meeting in their final report: “Though the investigators had access to all the paperwork about the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about. It was what happened in investigations. There were questions they wanted to ask, and questions they didn’t want to ask.” [Woodward, 2006, pp. 78]
February 7, 2004: 9/11 Commission Has Private Meeting with National Security Adviser Rice; She Is Not Put under Oath, No Transcript Is Made
The 9/11 Commission has a private meeting with National Security Adviser Condoleezza Rice. The meeting is held in the White House’s Situation Room, the location apparently chosen by Rice in an attempt to impress the commissioners.
Questioning Is ‘Polite but Pointed’ – The White House has insisted that the encounter be described as a “meeting” rather than an “interview,” because that would sound too formal and prosecutorial. In addition, there is to be no recording of the interview and Rice is not placed under oath. The time limit on the interview is two hours, but it actually lasts four. Rice’s close associate Philip Zelikow, the 9/11 Commission’s executive director, attends, but is not allowed to say anything because he has been recused from this part of the investigation. The questioning is led by Daniel Marcus, the Commission’s lawyer, and will be described as “polite but pointed” by author Philip Shenon.
Commissioners Privately Critical of Rice – The commissioners are aware of allegations that Rice performed poorly in the run-up to 9/11 (see Before December 18, 2003), but are unwilling to aggressively attack an accomplished black woman. However, they think the allegations are well-founded. Commission Chairman Tom Kean will say, “obviously Rice bears a tremendous amount of responsibility for not understanding how serious this threat [of terrorist attacks] was.” Commissioner John Lehman will say that he has “no doubt” former National Security Adviser Henry Kissinger would have paid more attention to the warnings of a forthcoming attack. Fellow commissioner Slade Gorton will say that the administration’s failure to act on the urgent warnings was “spectacularly wrong.” Commissioner Jamie Gorelick will comment that Rice “assumed away the hardest part of her job,” and that she should have focused on keeping the president up to date on events, rather than trying to put his intentions into action. Commissioner Bob Kerrey will agree with this and will later recall one of Rice’s comments at this meeting, “I took the president’s thoughts and I helped the president describe what he was thinking.” According to Kerrey, this shows how Rice performed her job incorrectly. She should have been advising the president on what to do, not packaging his thoughts. [Shenon, 2008, pp. 230-239]