The FBI obtains a wiretap warrant to seize al-Qaeda-related e-mails under the Foreign Intelligence Surveillance Act (FISA), but experimental software malfunctions and an angry FBI agent is said to destroy all the e-mails collected. The Carnivore software, which was installed in Denver, collects e-mails not only from the target, but also from other people. The FBI technician is reportedly so upset when he discovers e-mails from people whose communications the FBI has no authorization to collect that he apparently deletes everything the FBI has gathered, including the e-mails from the target. However, the article that first reports this deletion also says the opposite: “A Justice Department official, speaking on condition of anonymity, said Tuesday night that the e-mails were not destroyed.” In either case, the Office of Intelligence Policy and Review (OIPR) at FBI headquarters, which deals with FISA warrants, is then informed and expresses its surprise it was not told the software was experimental before the warrant was issued. An FBI official will comment: “To state that [an OIPR official] is unhappy with [the FBI’s International Terrorism Operations Section] and the [Usama bin Laden] Unit would be an understatement of incredible proportions.” As the target’s e-mails have been destroyed in the FBI system, the FBI then wants a physical search warrant under FISA to go and collect the e-mails from the carrier. However, the OIPR insists on an explanation for the error before this can happen, and also demands an explanation for the problem, so the special FISA court can be notified. [Federal Bureau of Investigation, 4/5/2000; Associated Press, 5/28/2002] It is not known who was being monitored, though there are potential al-Qaeda Denver connections: in 1994, a bin Laden front began routing communications through Denver (see 1994), and a passport was stolen there in 1995 from a man who was later confused with one of the 9/11 hijackers (see 1995).
January 20, 2001: George W. Bush Inaugurated as President
George W. Bush is inaugurated as president, replacing President Bill Clinton. Bush is sworn in after a tumultuous, sharply disputed election that ended with a US Supreme Court decision in his favor (see 9:54 p.m. December 12, 2000). He takes the oath of office on the same Bible his father, George H.W. Bush, used in his own 1989 inauguration; the oath is administered by Chief Justice William Rehnquist. In his brief inaugural address, delivered outside the US Capitol, Bush asks Americans to “a commitment to principle with a concern for civility.… Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.” In words apparently chosen to reflect on the criticisms surrounding former President Clinton and his notorious affair with White House intern Monica Lewinsky, Bush says, “I will live and lead by these principles—to advance my convictions with civility, to pursue the public interest with courage, to speak for greater justice and compassion, to call for responsibility, and try to live it as well.” He continues addressing the American people, saying: “I ask you to be citizens. Citizens, not spectators. Citizens, not subjects. Responsible citizens, building communities of service and a nation of character.” At a post-ceremonial luncheon, Bush issues a series of executive orders, some designed to block or roll back several Clinton-era regulations. He also acknowledges that because of the election turmoil, many Americans believe “we can’t get anything done… nothing will happen, except for finger-pointing and name-calling and bitterness.” He then says: “I’m here to tell the country that things will get done. Republicans and Democrats will come together to do what’s right for America.” [New York Times, 1/21/2001]
Thousands of Protesters – Thousands of protesters line the streets during Bush’s ceremonial drive to the Capitol, a fact not heavily reported by many press outlets. Salon reports, “Not since Richard Nixon paraded down Pennsylvania Avenue in 1973 has a presidential inauguration drawn so many protesters—and last time, people were out to protest the Vietnam War.” Though Capitol Police refuse to estimate the size of the crowd lining the street, Salon reports that “many thousands of protesters were in evidence.” Liz Butler of the Justice Action Movement, the umbrella organization that helped coordinate the protests, says: “The level of people on the streets shows that people are really upset about lack of democratic process. They took it to the streets. We saw tens of thousands. We saw far more protesting Bush than supporting him.” Some of the people on the streets are Bush supporters, but many more are not, and carry signs such as “Bush Cheated,” “Hail to the Thief,” “Bush—Racism,” “Bushwhacked by the Supremes,” and others. The crowd, though outspoken in its protests and unrestrained in its heckling of Bush and Vice President Dick Cheney, is generally peaceful, and no serious violence is reported, though a few minor altercations do take place, and large contingents of police in riot gear—including personnel from every police department in the District of Columbia as well as the Bureau of Alcohol, Tobacco and Firearms and from departments in Maryland and Virginia—are on hand. At least one protester throws an egg at the limousine transporting Bush, Cheney, and their families to the inaugural ceremonies; perhaps in response to the protests, Bush breaks with tradition laid down by earlier presidents and does not walk any large portion of the parade route. Nine people are arrested for disorderly conduct, most for allegedly throwing bottles and other debris. Bulter says: “Of course, we’re ashamed that Bush has decided to be a ‘uniter’ by uniting people against him. They all chose to come out in the freezing rain—even the weather couldn’t stop these people.” Protester Mary Anne Cummings tells a reporter: “I think it’s important to remind the incoming administration the country does not want a right-wing mandate. They did not vote for a right-wing mandate.” [Salon, 1/20/2001; CNN, 1/20/2001; New York Times, 1/21/2001] Thousands of protesters march in San Francisco, Los Angeles, and other cities as well. [CNN, 1/20/2001]
April 4, 2001: Electronic Surveillance Techniques Reach New Heights
The BBC reports on advances in electronic surveillance. The US’s global surveillance program, Echelon, has become particularly effective in monitoring mobile phones, recording millions of calls simultaneously and checking them against a powerful search engine designed to pick out key words that might represent a security threat. Laser microphones can pick up conversations from up to a kilometer away by monitoring window vibrations. If a bug is attached to a computer keyboard, it is possible to monitor exactly what is being keyed in, because every key on a computer has a unique sound when depressed. [BBC, 4/4/2001] Furthermore, a BBC report on a European Union committee investigation into Echelon one month later notes that the surveillance network can sift through up to 90 percent of all Internet traffic, as well as monitor phone conversations, mobile phone calls, fax transmissions, net browsing history, satellite transmissions and so on. Even encryption may not help much. The BBC suggests that “it is likely that the intelligence agencies can crack open most commercially available encryption software.” [BBC, 5/29/2001]
May 8, 2001: Cheney to Oversee National Effort for Responding to Domestic Attacks, but No Action Is Taken before 9/11
In a brief statement, President Bush announces that Vice President Dick Cheney will oversee a “coordinated national effort” aimed at integrating the government’s plans for responding to the use of a chemical, biological, radiological, or nuclear weapon within the United States. Bush declares, “Should our efforts to reduce the threat to our country from weapons of mass destruction be less than fully successful, prudence dictates that the United States be fully prepared to deal effectively with the consequences of such a weapon being used here on our soil.” Bush says a new agency within the Federal Emergency Management Agency (FEMA), known as the Office of National Preparedness, will be “responsible for implementing the results of those parts of the national effort overseen by Vice President Cheney that deal with consequence management.” The Office of National Preparedness appears to be a reincarnation of FEMA’s old National Preparedness Directorate (NPD), which was disbanded by the Clinton administration in 1993 (see January 1993-October 1994). During the 1980s and early 1990s, the NPD secretly spent billions of dollars preparing for nuclear war and other national emergencies as part of the highly classified Continuity of Government (COG) program (see February 1993, 1982-1991, and April 1, 1979-Present). [Cox News Service, 2/22/1993] Under the Bush administration, the Office of National Preparedness (ONP) will apparently take over where the National Preparedness Directorate left off. According to Bush, the ONP “will coordinate all Federal programs dealing with weapons of mass destruction consequence management within the Departments of Defense, Health and Human Services, Justice, and Energy, the Environmental Protection Agency, and other federal agencies.” Cheney, who played a central role in the COG program during the Reagan administration (see 1981-1992 and 1980s), informs CNN, “[O]ne of our biggest threats as a nation” could be “domestic terrorism, but it may also be a terrorist organization overseas or even another state using weapons of mass destruction against the US.… [W]e need to look at this whole area, oftentimes referred to as homeland defense.” According to FEMA, the ONP will be up and running as early as the summer of 2001. President Bush says he “will periodically chair a meeting of the National Security Council to review these efforts.” [CNN, 5/8/2001; White House, 5/8/2001; New York Times, 7/8/2002] Cheney is meant to head a group that will draft a national terrorism response plan by October 1. [Chicago Sun-Times, 5/5/2001; Insight on the News, 6/18/2001] But, according to Barton Gellman of the Washington Post, “Neither Cheney’s review nor Bush’s took place.” [Washington Post, 1/20/2002] Former Senator Gary Hart (D-CO) later implies that Bush assigned this specific role to Cheney in order to prevent Congress from enacting counterterrorism legislation proposed by a bipartisan commission he had co-chaired in January (see January 31, 2001). [Salon, 4/2/2004; Salon, 4/6/2004] In July, two senators will send draft counterterrorism legislation to Cheney’s office, but a day before 9/11, they are told it might be another six months before he gets to it (see September 10, 2001). [Newsweek, 5/27/2002] Cheney’s “National Preparedness Review” is just beginning to hire staff a few days before 9/11 (see September 10, 2001). [Congressional Quarterly, 4/15/2004]
Before September 11, 2001: Echelon Intelligence Network Used on Al-Qaeda
By the 1980s, a high-tech global electronic surveillance network shared between the US, Britain, Canada, Australia, and New Zealand is gathering intelligence all over the world. The BBC describes Echelon’s power as “astounding,” and elaborates: “Every international telephone call, fax, e-mail, or radio transmission can be listened to by powerful computers capable of voice recognition. They home in on a long list of key words, or patterns of messages. They are looking for evidence of international crime, like terrorism.” [BBC, 11/3/1999] One major focus for Echelon before 9/11 is al-Qaeda. For instance, one account mentions Echelon intercepting al-Qaeda communications in Southeast Asia in 1996 (see Before September 11, 2001). A staff member of the National Security Council who regularly attends briefings on bin Laden states, “We are probably tapped into every hotel room in Pakistan. We can listen in to just about every phone call in Afghanistan.” However, he and other critics will claim one reason why US intelligence failed to stop terrorism before 9/11 was because there was too much of a focus on electronic intelligence gathering and not enough focus on human interpretation of that vast data collection. [Toronto Star, 2/2/2002]
Between 9:45 a.m. and 9:56 a.m. September 11, 2001: Counterterrorism ‘Tsar’ Clarke Initiates Continuity of Government Plan
At some point after the White House is ordered to evacuate and while Air Force One is preparing to take off in Florida, counterterrorism “tsar” Richard Clarke activates the Continuity of Government (COG) plan. The coordinator for Continuity of Government has joined Clarke in the White House Situation Room. Clarke asks, “How do I activate COG?” Recalling this conversation, he will later comment, “In the exercises we had done, the person playing the president had always given that order.” But the coordinator replies, “You tell me to do it.” Soon after, Clarke instructs him, “Go.” [Clarke, 2004, pp. 8]
First Time COG Plan Activated – The Continuity of Government plan, which dates back to the Reagan administration, had originally prepared to set up a new leadership for the US in the event of a nuclear war. This is apparently the first time it has ever been put into effect. Clarke will recall, “Every federal agency was ordered… to activate an alternative command post, an alternative headquarters outside of Washington, DC, and to staff it as soon as possible.” Cabinet officers are dispatched around the country, and people in Congress are taken to alternative locations.
Clarke Regularly Particiated in COG Exercises – Since the 1980s, Clarke has in fact been a regular participant in secret COG exercises that rehearsed this plan (see (1984-2004)). [Washington Post, 4/7/2004; ABC News, 4/25/2004] Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld also participated (see 1981-1992). [Atlantic Monthly, 3/2004] Kenneth Duberstein, formerly President Reagan’s White House chief of staff, who took part in the exercises as well, will recall: “I said to myself, as we proceeded through the day [of 9/11], ‘It’s working.’ All those days of patriotic duty were coming back and they were working.” According to ABC News, “If executive branch leaders and large numbers of congressmen had been killed in an attack on the United States, the plan could have gone further, officials suggest, perhaps even with non-elected leaders of the United States taking control and declaring martial law.” [ABC News, 4/25/2004] According to a White House timeline of the events of 9/11, it is in fact Cheney that “orders implementation of Continuity of Government and Continuity of Operations procedures,” at 9:55 a.m., although, according to the Washington Post, Cheney only “officially implemented the emergency Continuity of Government orders,” rather than activating the plan. [White House, 2001; Washington Post, 1/27/2002]
9:50 a.m. September 11, 2001: Speaker of the House Hastert Evacuated to Secure Location outside Washington
Speaker of the House Dennis Hastert (R-IL), who is third in line for the presidency, is evacuated from the US Capitol building and flown to a secret underground bunker in Virginia, where he remains until late in the afternoon. [ABC News, 9/11/2001; ABC News, 9/15/2002] Around 9:48, the Capitol building had begun evacuating (see 9:48 a.m. September 11, 2001). At that time, Hastert was on the House floor. Two members of his security detail now enter the chamber and tell him, “We’re going to evacuate the Capitol, and you’re going to a secure location.” They take him out of the building and drive him hurriedly to Andrews Air Force Base, ten miles southeast of Washington. After he arrives there, Hastert is finally able to communicate with Vice President Dick Cheney, who is at the White House. (Hastert had been trying to contact Cheney earlier on, but without success (see (9:04 a.m.-9:45 a.m.) September 11, 2001.) Cheney tells Hastert: “There’s a real danger. I want you to go to a secure location.” [Hastert, 2004, pp. 8-9] Hastert gets on a helicopter and is flown to the secret underground bunker at Mount Weather in Bluemont, Virginia, 48 miles outside Washington—about 20 minutes journey by air. [Bulletin of the Atomic Scientists, 11/2001; ABC News, 9/15/2002; Bamford, 2004, pp. 81] In the following hours, other top members of the House and Senate leaderships will join him there (see (Between Late Morning and Early Afternoon) September 11, 2001). [ABC News, 9/11/2001; Hastert, 2004, pp. 10] Hastert remains at the secure facility for several hours, and will return to Washington late in the afternoon (see (Between 5:00 p.m. and 6:00 p.m.) September 11, 2001). [Daily Herald (Arlington Heights), 9/11/2002] Hastert’s evacuation to Mount Weather is the result of “Continuity of Government” (COG) orders, which provide for evacuating the third and fourth in the line of presidential succession during a national emergency, in order to protect the nation’s constitutional leadership. [Washington Post, 1/27/2002] Counterterrorism “tsar” Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]
9:59 a.m. September 11, 2001: White House Finally Requests Continuity of Government Plans, Air Force One Escort, and Fighters for Washington
According to the 9/11 Commission: “An Air Force lieutenant colonel working in the White House Military Office [joins] the [NMCC’s air threat] conference and state[s] that he had just talked to Deputy National Security Adviser Stephen Hadley. The White House request[s]: (1) the implementation of Continuity of Government measures, (2) fighter escorts for Air Force One, and (3) the establishment of a fighter combat air patrol over Washington, DC.” [9/11 Commission, 6/17/2004 
] Counterterrorism “tsar” Richard Clarke gave the order to implement the Continuity of Government plan a few minutes earlier, from inside the White House Situation Room (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). Before that, he had requested a fighter escort for Air Force One (see (Between 9:30 a.m. and 9:37 a.m.) September 11, 2001) and combat air patrols over all major US cities (not just Washington), according to his own recollection (see (Between 9:38 a.m. and 9:45 a.m.) September 11, 2001). [Clarke, 2004, pp. 7-8]
After 10:00 a.m. September 11, 2001: Vice President Cheney Assembles Legal Team for Expanding Presidential Power
According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team – David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF – The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language – The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]
11:00 a.m. September 11, 2001: Deputy Defense Secretary Wolfowitz and Others Leave the Pentagon for the Alternate Command Center
Deputy Defense Secretary Paul Wolfowitz leaves the Pentagon and relocates to the alternate military command center outside Washington, DC. Wolfowitz evacuated from his office to an area in front of the Pentagon after the building was hit, but then went back inside and joined Defense Secretary Donald Rumsfeld and others in the National Military Command Center (NMCC). [Vanity Fair, 5/9/2003] With smoke seeping into the center, Wolfowitz advises Rumsfeld to leave the NMCC (see (10:40 a.m.-11:00 a.m.) September 11, 2001). But instead Rumsfeld orders Wolfowitz to leave and fly to Site R, the alternate command center, which is located inside Raven Rock Mountain, about six miles north of Camp David, on the Pennsylvania-Maryland border. [Bulletin of the Atomic Scientists, 11/2001; Vogel, 2007, pp. 441] Wolfowitz will later recall that he “was not happy about” receiving this order. [Vanity Fair, 5/9/2003] Minutes later, a helicopter lands outside the Pentagon, and carries Wolfowitz and several others off to the alternate command center. [Goldberg et al., 2007, pp. 132] Site R was designed as a duplicate of the NMCC, and if the NMCC were ever destroyed in an attack or needs to be evacuated, it would serve as the Pentagon’s primary command center. [Creed and Newman, 2008, pp. 174] It has “more than 700,000 square feet of floor space, sophisticated computer and communications equipment, and room for more than 3,000 people.” [Bulletin of the Atomic Scientists, 11/2001] Others who will relocate to Site R on this day include Army Secretary Thomas White and personnel from the office of the vice chairman of the Joint Chiefs of Staff, though White will return to the Pentagon later on (see (11:00 a.m.) September 11, 2001). [Washington Post, 1/9/2002; MSNBC, 9/11/2002; Goldberg et al., 2007, pp. 135] According to journalist and author James Mann, Rumsfeld’s decision to order Wolfowitz to leave Washington has its roots in a top secret program Rumsfeld was involved in during the 1980s, which serves to ensure the “Continuity of Government” (COG) in the event of an attack on the US (see 1981-1992). [Mann, 2004, pp. 138-139] Counterterrorism “tsar” Richard Clarke activated the COG plan shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Clarke, 2004, pp. 8]
