President Bush, after having trouble making a telephone call, instructs Joseph Hagin, the White House deputy chief of staff for operations, to fix the problem and ensure that he is able to make calls at any time, but the issue will not have resolved by September 11, when Bush experiences significant communication problems. While he is being driven through Washington, DC, in his limousine, Bush tries to make a phone call but is unable to get a signal and hears only static. When he arrives at the White House, he calls Hagin over to discuss the problem. [National Journal, 4/11/2011] Hagin is a little known but influential member of the White House staff who, according to Politico, “manages everything around the president and the presidency except politics and policy.” [Politico, 7/3/2008; Washington Post, 7/4/2008] Bush tells him the president should be able to call anyone at any time. “He essentially said to me, ‘We need to fix this and fix it quickly,’” Hagin will later recall. Bush adds, “What would we do if something really serious happened and this didn’t work?” [National Journal, 4/11/2011] Presumably as part of Hagin’s effort to resolve the problem, in the spring of 2001, the White House commissions the Department of Defense to study a communications upgrade. [ABC News, 12/20/2006] However, Hagin’s task will not have been completed by September 11. On that day, Bush and other senior government officials will experience serious communication problems (see (After 8:55 a.m.) September 11, 2001; (9:04 a.m.-9:45 a.m.) September 11, 2001; and (9:34 a.m.-9:43 a.m.) September 11, 2001). [National Journal, 4/11/2011] But the 9/11 attacks, according to the Associated Press, “spurred on the effort to modernize White House communications.” Hagin subsequently “took the White House’s cell phone technology digital, upgraded the systems in the president’s cars, and moved staffers to the BlackBerry wireless communicator, while not freeing them from carrying pagers as well.” [Associated Press, 8/22/2003] According to Thomas Kean, the chairman of the 9/11 Commission, “[T]he fix to the presidential communications was one of the first things that was done after 9/11.” [9/11 Commission, 6/17/2004]
9:54 a.m.-2:50 p.m. September 11, 2001: President Bush Has Problems Communicating with Washington while He Is on Air Force One
President Bush and his staff have difficulty communicating with colleagues in Washington, DC, while they are traveling on Air Force One, after the plane takes off from Sarasota-Bradenton International Airport (see 9:54 a.m. September 11, 2001). [Northwest Indiana Times, 9/22/2002; Canadian Broadcasting Corporation, 9/10/2006; Politico Magazine, 9/9/2016] Bush had problems calling his colleagues at the White House while he was being driven to the airport, after leaving the Emma E. Booker Elementary School in Sarasota, Florida, at around 9:35 a.m. (see (9:34 a.m.-9:43 a.m.) September 11, 2001). [9/11 Commission, 6/17/2004; Canadian Broadcasting Corporation, 9/10/2006]
Air Force One Should Have ‘Outstanding Communications’ – He ought to have more success after he boards Air Force One, at around 9:45 a.m. (see (9:43 a.m.) September 11, 2001), since the plane has state-of-the-art communications systems. [Inside the White House, 9/1998; Hardesty, 2003, pp. 167] Its capabilities are “just as good as the communications from the Oval Office in terms of [the president] being able to call, in a secure way, the secretary of defense, the secretary of state, the generals that might have to fight a war, or the vice president or… the national security adviser,” White House chief of staff Andrew Card will later comment. The plane has the “capacity to have… outstanding communications,” he will say. [White House, 8/12/2002]
Communications Systems Are ‘All Jammed’ – However, Bush and his staff have great difficulty sending and receiving information about the day’s events while they are on Air Force One. [Northwest Indiana Times, 9/22/2002] The “multiple [communications] systems—commercial and terrestrial systems” on the plane are “all jammed,” according to Master Sergeant Dana Lark, superintendent of communications. Lark actually wonders, “Did someone sabotage our comms?” [Politico Magazine, 9/9/2016]
Bush Has Problems Communicating with Vice President Cheney – Bush finds that his calls are successful only intermittently. [Canadian Broadcasting Corporation, 9/10/2006] Attempts are made to establish an open line with Vice President Dick Cheney and National Security Adviser Condoleezza Rice, who are at the White House, but the line keeps dropping. [Bush, 2010, pp. 131] “It was absolutely stunning, standing next to the president as he was talking to the vice president, then holding the phone off his ear because it cut off,” White House press secretary Ari Fleischer will comment. [Politico Magazine, 9/9/2016] At one point, Bush pounds his desk in frustration and shouts: “This is inexcusable. Get me the vice president.” [CBS News, 9/11/2002] He also has difficulty reaching his wife, Laura, since the line keeps dropping when he tries to call her. He eventually talks to her shortly before 11:45 a.m., when Air Force One is approaching Barksdale Air Force Base in Louisiana (see (Shortly Before 11:45 a.m.) September 11, 2001). [Bush, 2010, pp. 132]
Officials in Washington Are Unable to Call the Plane – Some key individuals in Washington are unsuccessful when they try calling Air Force One. Scott Heyer, a communications officer in the White House Situation Room, is unable to contact the plane while it is flying from Sarasota to Barksdale Air Force Base, even when he tries calling its satellite phone (see 9:54 a.m.-11:45 a.m. September 11, 2001). [9/11 Commission, 3/16/2004] And White House counselor Karen Hughes is unable to reach the president when she tries calling him while he is airborne (see (Between 10:31 a.m. and 11:45 a.m.) September 11, 2001). [Washington Post, 1/27/2002; NBC, 4/4/2004]
Bush Has His First Teleconference Hours after Leaving Sarasota – As a result of his problems communicating from the plane, Bush will hold his first teleconference with his principal advisers at around 3:15 p.m. (see (3:15 p.m.) September 11, 2001)—more than five hours after he takes off from Sarasota—after he arrives at Offutt Air Force Base in Nebraska, where there is sophisticated communications equipment (see 2:50 p.m. September 11, 2001). [Northwest Indiana Times, 9/22/2002; Business Week, 11/4/2002; 9/11 Commission, 7/24/2004, pp. 326] By that time, the communication problems will apparently have started to ease. Lark will recall that as Air Force One is flying to Offutt, “some of the commercial systems finally began to become available” and she actually receives a call from her chief. [Politico Magazine, 9/9/2016]
Good Communications Are ‘Critical’ for the President – Bush’s communication problems may have a significant impact on the government’s ability to respond to the terrorist attacks. Thomas Kean, the chairman of the 9/11 Commission, will explain why the president’s ability to communicate during a crisis is so important, saying, “In the case of any kind of attack in the United States, what you’re supposed to do is get the president off the ground and Air Force One then becomes the command center.” Once he is airborne, the president is “commanding the forces of the United States from the air,” Kean will say. [Canadian Broadcasting Corporation, 9/10/2006] “The president literally can’t function in his constitutional role unless he can communicate, so [good communications are] absolutely critical,” Lieutenant Colonel Thomas Herman, a senior presidential communications officer, will similarly comment. [Marist Magazine, 10/2002] The president “is the only one who can give certain orders that need to be given,” Kean will note. [Canadian Broadcasting Corporation, 9/10/2006] However, Mark Rosenker, director of the White House Military Office, will claim that the communication problems have only a limited impact. “[F]or the most part I believe the president had the ability to do what was necessary to be in control and have command of his forces, and talk with his national security structure,” he will say. [White House, 8/29/2002]
Communications Systems Are Supposedly ‘Saturated’ – Lark will learn at a later date that the communication problems occur because, she will say, “the commercial systems were all just saturated.” [Politico Magazine, 9/9/2016] Rosenker will similarly suggest that the problems may be partly due to the fact that communications from Air Force One “have to get through a regular telephone network,” and when there is a crisis, the increased volume of communications “jam and overuse the structure.” [White House, 8/29/2002] On top of their problems making and receiving calls, Bush and his staffers have difficulty monitoring the television coverage of the attacks while they are airborne, because the reception on the plane is poor and intermittent (see (9:54 a.m.-6:54 p.m.) September 11, 2001). [CBS News, 9/11/2002; Northwest Indiana Times, 9/22/2002; Politico Magazine, 9/9/2016]
December 14, 2002: Karl Rove Asks Thomas Kean If He Would Consider 9/11 Commission Chairmanship
Following Henry Kissinger’s resignation as 9/11 Commission chairman the day before (see November 27, 2002), presidential aide Karl Rove calls Thomas Kean, a former Republican governor of New Jersey, to ask if he is willing to be considered as chairman of the Commission. Kean, who does not know Rove well and has been out of politics for some time, is surprised that he is being considered for the job. He is even more surprised that it is Rove making the call, especially given Rove’s reputation as the brain behind the rise of President George W. Bush. However, he says that he may do the job, if chosen. Kean will later speak to the president’s chief of staff Andy Card about the job, and formally accept it in a call from President Bush. Rove will later say that he thinks it was he who first suggested Kean as chairman, but will add that he regrets this, due to later battles with the White House. Card will also say he thinks he was the first to suggest Kean. [Shenon, 2008, pp. 16-7, 25]
December 16, 2002: Ex-Governor Thomas Kean Replaces Kissinger as Chairman of 9/11 Commission
President Bush names former New Jersey governor Thomas Kean as the chairman of the 9/11 Commission after his original choice, Henry Kissinger, resigned (see December 13, 2002). [Washington Post, 12/17/2002] In an appearance on NBC, Kean promises an aggressive investigation. “It’s really a remarkably broad mandate, so I don’t think we’ll have any problem looking under every rock. I’ve got no problems in going as far as we have to in finding out the facts.” [Associated Press, 12/17/2002] However, Kean plans to remain president of Drew University and devote only one day a week to the commission. He also claims he would have no conflicts of interest, stating: “I have no clients except the university.” [Washington Post, 12/17/2002] However, he has a history of such conflicts of interest. Multinational Monitor has previously stated: “Perhaps no individual more clearly illustrates the dangers of university presidents maintaining corporate ties than Thomas Kean,” citing the fact that he is on the Board of Directors of Aramark (which received a large contract with his university after he became president), Bell Atlantic, United Health Care, Beneficial Corporation, Fiduciary Trust Company International, and others. [Multinational Monitor, 11/1997]
After December 16, 2002: 9/11 Commission Chairman Gives Vice Chairman Additional Power
The first time 9/11 Commission Chairman Tom Kean, a Republican, and Vice Chairman Lee Hamilton, a Democrat noted for his bipartisanship (see 1992-January 1993, Before November 27, 2002 and March 2003-July 2004), meet after their appointment to the commission, Kean offers Hamilton extra powers in the investigation. In effect, Kean and Hamilton would be co-chairmen of the inquiry, rather than chairman and vice chairman. Author Philip Shenon will call this a “remarkable gesture,” as it gives Hamilton an equal say in the hiring and structure of the investigation. Kean also proposes that the two of them should be “joined at the hip,” and that they should always appear in public together, especially on television. Hamilton agrees, thinking this will go some way to make up for their lack of stature in Washington in comparison with the two men they replaced on the commission, Henry Kissinger and George Mitchell. [Shenon, 2008, pp. 68]
Late December 2002: White House Tells 9/11 Commission Chairman Kean He Must ‘Stand Up’ for President Bush
Newly appointed 9/11 Commission Chairman Thomas Kean comes to the White House to meet top officials and discuss the 9/11 investigation. Although a Republican, Kean does not like the “message discipline” of the current White House, where spokesmen keep repeating the same thing over and over. Kean will later tell author Philip Shenon that he is surprised when the officials he meets use the same tactic and keep telling him the same things. Kean thinks the officials, including National Security Adviser Condoleezza Rice and chief of staff Andy Card, are sticking to a pre-agreed script and wonders whether they are reading off the same talking points cards. They keep telling him: “We want you to stand up. You’ve got to stand up,” “You’ve got to have courage,” and “We don’t want a runaway commission.” Kean is baffled by this and thinks it might be some sort of code. He decides they must want him to stand up for the truth and have the courage to follow the evidence wherever it leads. However, Kean will later say: “I decided as the process went on, that’s not what they meant at all.… You’ve got to stand up for the president, and you’ve got to protect him in the process. That’s what they meant.” Card also suggests some names for the key position of executive director of the Commission, but the post goes to somebody else, Philip Zelikow, in the end (see Shortly Before January 27, 2003). [Shenon, 2008, pp. 35-39]
Shortly Before January 27, 2003: 9/11 Commission Hires Philip Zelikow as Executive Director Despite His Links to National Security Adviser Rice
The 9/11 Commission hires Philip Zelikow for the key position of executive director, the person actually in charge of the commission’s day-to-day affairs. Zelikow was recommended by Commissioner Slade Gorton, who had worked with Zelikow on an electoral reform commission after the disputed presidential election in 2000. Zelikow, the director of that commission, has powerful friends in Washington; even former president Jimmy Carter praises him. However, according to author Philip Shenon, the staff on the electoral reform commission think he is “arrogant and secretive,” and believe his success as commission director rested on “his ability to serve the needs—and stroke the egos” of the commissioners.
Plans for Commission – Zelikow impresses commission Chairman Tom Kean by saying that he wants the panel’s final report to be written for the general public, in a more readable style than most government documents. After about 20 candidates have been considered, Kean decides that Zelikow is the best choice for the position.
Conflict of Interests – Zelikow has a conflict of interests, as he co-authored a book with National Security Adviser Condoleezza Rice (see 1995) and also served on a special White House intelligence advisory board. Both these facts are listed on his résumé. Zelikow will say that he also mentioned his work with Rice, whom he served on the Bush administration transition team (see January 2001), to Kean and Vice-chairman Lee Hamilton in telephone conversations with them. However, Kean will later say he “wasn’t sure” if he knew of Zelikow’s work on the transition team at the time he was hired, and Hamilton will say that he thought he knew Zelikow had worked on the transition, but did not know the details of what he did. White House Chief of Staff Andrew Card will be extremely surprised by Zelikow’s appointment, because of his personality and the conflicts of interest, or at least the appearance of them.
Omissions from Press Release – Zelikow’s hiring is announced in a press release issued on January 27. Shenon will later point out that the release, written based on information provided by Zelikow and reviewed by him before publication, is “notable for what it did not say.” It does not mention his work for the National Security Council in the 1980s, the book with Rice, his role on the White House transition team, or the fact he has just written a policy paper that is going to be used to justify the invasion of Iraq (see September 20, 2002). In fact, the Bush administration transition team had downgraded the position of counterterrorism “tsar” Richard Clarke, and Zelikow had played a key role in this decision (see January 3, 2001). [Shenon, 2008, pp. 58-62, 65-67]
January 27, 2003: 9/11 Commission Decides It Will Not Issue Subpoenas
At its first formal meeting, the 9/11 Commission decides it will not routinely issue subpoenas for the documents it wants from other agencies.
Different Opinions – There is some debate on the matter. Commissioner Jamie Gorelick argues that the Commission should issue subpoenas for all requests it makes to the administration for documents or other information, saying that a subpoena is simply evidence of the Commission’s determination to get what it needs. She also worries that if the Commission waits to issue subpoenas, the time limit on its activities will mean that a late subpoena could not be enforced. However, she is only supported by the other three ordinary Democratic commissioners, with the top Democrat on the Commission, Vice Chairman Lee Hamilton, siding with the Republicans.
Decision Already Taken – Author Philip Shenon will write: “But [Chairman Tom] Kean and Hamilton had already made up their mind on this issue, too. There would be no routine subpoenas, they decreed; subpoenas would be seen as too confrontational, perhaps choking off cooperation from the Bush administration from the very start of the investigation.” The four Democratic commissioners cannot issue a subpoena by themselves, as it requires the approval of either six of the 10 commissioners, or both Kean and Hamilton. This is not the only occasion on which Hamilton’s Republican leanings become apparent (see March 2003-July 2004). [Shenon, 2008, pp. 70-71]
Staffer Critical – John Farmer, leader of the Commission’s team investigating events on the day of the attacks, will be critical of the decision and will urge Kean and Hamilton to change their minds. If subpoenas are issued at the start, the Commission will have time to enforce them in court and the agencies “would know that they couldn’t run out the clock,” whereas if subpoenas were issued later, after non-compliance with document requests, the agencies could use such tactics. [Shenon, 2008, pp. 201]
Difficulties with Receiving Documents – As a result of this policy, the Commission will have trouble getting documents from the White House (see June 2003), Defense Department (see July 7, 2003), FAA (see November 6, 2003), and CIA (see October 2003), leading to delays in its investigation.
Late January 2003: White House Counsel Gonzales Denies 9/11 Commission Access to White House Documents
White House counsel Alberto Gonzales denies a request made by the 9/11 Commission for access to a number of White House documents pertaining to 9/11, citing executive privilege. The documents date from both the Clinton and Bush administrations. The request is made by Philip Zelikow, the Commission’s executive director, who believes the Commission must see the documents if it is to do its job properly, and that the White House has already indicated the Commission will get what it wants. The documents include highly classified presidential daily briefings (PDBs), the “crown jewels” of US intelligence reporting. Only a very few such PDBs have ever been made available, from the Johnson and Nixon administrations. Zelikow says the Commission needs to see the PDBs so it can determine what warnings Clinton and Bush received about al-Qaeda. However, the PDBs had not been provided to the 9/11 Congressional Inquiry, and Gonzales says they will not be given to the 9/11 Commission either. Zelikow tells Gonzales that this would be bad for the Commission and the US, recalling the uproar that ensued when it was discovered the CIA had withheld documents from the Warren Commission that investigated the murder of President Kennedy. Zelikow also pressures Gonzales by threatening to resign from the Commission if it is not given the documents, knowing this will generate extremely bad publicity for the White House.
Refusal to Meet with Zelikow – However, Gonzales refuses to cave in and, a few days later, makes what author Philip Shenon calls a “blunt and undiplomatic” phone call to Tom Kean, the Commission’s chairman. He tells Kean that he does not want to see Zelikow ever again, which means that in the future he will only discuss access to the documents with Kean and Commission Vice Chairman Lee Hamilton.
Alleged Involvement of Rove – The battle over access to documents and witnesses will go on for some time (see June 2003), and commissioner John Lehman will say that White House political adviser Karl Rove is “very much involved” in it. According to Lehman, “Gonzales cleared everything with Rove,” and friends tell him that “Rove was the quarterback for dealing with the Commission,” although the White House will deny this. [Shenon, 2008, pp. 73-76, 176]
February 2003: White House Repeatedly Contacts 9/11 Commission Chairman to Discuss Appointment of Commission’s Counsel
Following the appointment of the Republican Philip Zelikow as the 9/11 Commission’s executive director (see Shortly Before January 27, 2003), Democrats on the commission demand that its general counsel be a Democrat. However, some of the Republican commissioners are unhappy about this, and inform the White House what is happening. Shortly after this, Commission Chairman Tom Kean hears from White House Chief of Staff Andy Card and others at the White House that they are concerned the commission is attempting to find a partisan Democrat. Kean will later say, “They were very, very alarmed when they heard some of the names being considered.” Both Kean and Vice Chairman Lee Hamilton, himself a Democrat, agree that the counsel should be a Democrat, but, according to author Philip Shenon, they do not want “a candidate who seemed eager to confront the Bush administration.”
Two Rejected Candidates – One name considered is that of James Hamilton (no relation to Lee Hamilton), who had been a lawyer on the Senate Watergate committee. However, he had worked on the 2000 Florida recount for Al Gore, so Kean rules him out. Another name considered is Carol Elder Bruce, but at her interview she says issuing subpoenas for documents the commission wants would be a good idea, although Kean and Hamilton have already decided against this (see January 27, 2003).
Daniel Marcus Hired – In the end, the position is given to Daniel Marcus, a lawyer who had served in the Clinton administration and specializes in constitutional and regulatory law. Marcus has no ties to Democratic political operations, so he is acceptable to the Republicans on the commission. [Shenon, 2008, pp. 92-95]
