Steve Ovens

Personnel on the operations floor at NORAD’s Northeast Air Defense Sector (NEADS) are confused over the nature and effect of an order they have received, which states that the military can shoot down aircraft that do not respond to its directions, and they do not pass this order on to fighter pilots under their command. [9/11 Commission, 7/24/2004, pp. 42-43; 9/11 Commission, 8/26/2004, pp. 47; Spencer, 2008, pp. 240-241; Farmer, 2009, pp. 228-229] NEADS has just received a message over the NORAD computer chat system from Larry Arnold, the commander of the Continental United States NORAD Region (CONR), stating that Vice President Dick Cheney has authorized NORAD to shoot down suspicious aircraft (see 10:31 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 42]
Weapons Director Alerted to Order – Major Steve Ovens sees the chat message and alerts Major James Fox, the leader of the NEADS weapons team, to it. Ovens says: “We need to read this. Region commander has declared that we can shoot down tracks that do not respond to our direction. Okay?” Fox replies, “Okay,” but Ovens is unconvinced that he has understood Arnold’s message, so he says again, “The region commander has declared that we can shoot down aircraft that do not respond to our directions, okay?” Fox replies, “Copy that.”
NEADS Director Opposes Order – Ovens continues, “So if you’re trying to divert somebody and he won’t divert…” but Fox says, “DO [the director of operations] is saying no.” According to author Lynn Spencer, Fox means that Colonel Lanny McNeely, the NEADS director of operations, is indicating “no.” McNeely has “understood that the battle staff wanted to keep shootdown authority in the [NEADS] battle cab. The commanders were not prepared to pass such authorizations to airborne fighters.” [North American Aerospace Defense Command, 9/11/2001; Spencer, 2008, pp. 240-241] However, a 9/11 Commission memorandum will state that McNeely is away from NEADS on this day, in Texas, and no one is currently sitting in the director of operations position. [9/11 Commission, 10/30/2003 ] According to John Farmer, the senior counsel to the 9/11 Commission, Fox is instead referring to Colonel Robert Marr, the NEADS battle commander, saying “no,” not McNeely. [Farmer, 2009, pp. 229]
Fox Agrees to Pass on Order to Commander – Ovens responds: “No? It came over the chat.… You got a conflict on that direction?” Fox replies, “Right now, no, but…” Showing Fox the chat message, Ovens says: “Okay. You read that from the vice president, right? Vice president has cleared…” Fox reads the message out loud, saying, “Vice president has cleared us to intercept traffic and shoot them down if they do not respond, per CONR CC.” Finally, he says, “Okay, I will pass it to MCC,” meaning Major Kevin Nasypany, the NEADS mission crew commander. [North American Aerospace Defense Command, 9/11/2001; Spencer, 2008, pp. 241]
NEADS Does Not Pass on Order to Pilots – NEADS personnel will later express to the 9/11 Commission their “considerable confusion over the nature and effect” of this shootdown order, and explain why they fail to pass it on to the fighter jets from Otis Air National Guard Base (see 8:46 a.m. September 11, 2001) and Langley Air Force Base (see 9:24 a.m. September 11, 2001) that are under their command. Nasypany and Fox indicate to the Commission that “they did not pass the order to the fighters circling Washington and New York because they were unsure how the pilots would, or should, proceed with this guidance.” Consequently, “while leaders in Washington believed that the fighters above them had been instructed to ‘take out’ hostile aircraft, the only orders actually conveyed to the pilots were to ‘ID type and tail.’” [9/11 Commission, 7/24/2004, pp. 43; Farmer, 2009, pp. 229]