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]
January 30, 2003: Government Reveals Moussaoui Fifth-Jet Theory
The government reveals in a closed-door court hearing that recent interrogations of top al-Qaeda prisoners indicate that Zacarias Moussaoui may have been part of a plot to hijack a fifth plane on the day of 9/11, perhaps with the White House as its target. This is in contrast to the government’s original accusation that Moussaoui was to be the “20th hijacker” on Flight 93. Because Moussaoui does not have a security clearance, he cannot see the classified evidence against him, but he later learns of this “fifth-jet theory” while reading a transcript of the hearing that was not thoroughly redacted. [CNN, 8/8/2003; Time, 10/19/2003] At Moussaoui’s 2006 trial (see March 6-May 4, 2006), the prosecution will support the fifth jet theory—which Moussaoui both admits (see March 27, 2006) and denies (see April 22, 2005)—arguing that he engaged in parallel conduct with the hijackers (see February 23-August 16, 2001) and was supported by the same people (see July 29, 2001-August 3, 2001 and June 13-September 25, 2000). The theory is also supported by the hearsay of what one of the hijackers reportedly told a relative. In February 2001, Khalid Almihdhar told a cousin that Osama bin Laden was planning to launch five attacks against the US (see Late October 2000-July 4, 2001). But during interrogations, some captured al-Qaeda leaders will reportedly insist that Moussaoui was only a back-up (see November 20, 2002), while others will claim that he was part of a follow-up operation (see Before 2008).
January 30, 2003: Al-Qaeda Cell May Still Exist in Hamburg; Some Witnesses in 9/11 Trial There May Be Bribed or Threatened
The Los Angeles Times reports that an al-Qaeda cell may still exist in Hamburg, Germany, and al-Qaeda sympathizers are threatening witnesses in a trial there. The CIA told the German government in late 2002 that it suspects an al-Qaeda cell is still present in Hamburg. It is known that a criminal investigation of at least eight suspected cell members is continuing in Germany. Mounir El Motassadeq is on trial for a role in the 9/11 plot. According to the Times, police have taped “telephone conversations of people—who never identify themselves—telling El Motassadeq’s wife that they would give her money if she needs it, implying that El Motassadeq will be assisted as long as he remains quiet.” One witness withdrew his statement to police after he was told he might need to testify publicly. Another witness named Shahid Nickels, who lived with hijacker associate Ramzi bin al-Shibh at one point, has told investigators that after 9/11, a man named Mohammed Rajih urged him to destroy any phone number or other contact information he might have for the Hamburg cell. Rajih soon moved to Morocco. He is suspected of being involved with the cell, and was under investigation even before 9/11. [Los Angeles Times, 1/30/2003] In 2009, a group of ten men who regularly attend the Al-Quds mosque in Hamburg—the same mosque attended by three of the 9/11 hijackers—will depart for militant training camps in Pakistan. One of the men, Naamen Meziche, will turn out to have been a member of the al-Qaeda Hamburg cell even before 9/11 (see March 5, 2009 and August 9, 2010).
January 30, 2003: Shoe Bomber Sentenced to 80 Years in Jail and Fined $2,000,000
Richard Reid is sentenced to 80 years in prison and fined over $2,000,000 for his attempt to blow up a transatlantic airliner with explosives hidden in his shoe (see December 22, 2001). During the sentencing, Reid plays to the gallery in the court, declaring himself a “soldier of Islam,” admitting allegiance to Osama bin Laden, and accusing the US of killing millions in Iraq. This leads to a confrontation with the judge and a row in the court, and Reid has to be wrestled out of the courtroom. Authors Sean O’Neill and Daniel McGrory will comment, “it is not clear how the judge thought the penniless Reid would ever pay [the fine].” Reid had previously pleaded guilty, meaning that the sentencing was not preceded by a trial, and details of the plot remain unknown. [CNN, 1/31/2003; O’Neill and McGrory, 2006, pp. 234]
Late January 2003: 9/11 Commission’s Zelikow Tells CIA 9/11 Was Its Fault; CIA Is Displeased
9/11 Commission Executive Director Philip Zelikow makes his first visit to the CIA, where he meets Mark Lowenthal, a CIA staffer responsible for liaising with 9/11 investigations, and Winston Wiley, the CIA’s assistant director for homeland security. Both men have met Zelikow before and Wiley dislikes him, later saying that Zelikow “reeks of arrogance,” and, “Here’s a guy who spent his career trying to insinuate himself into power so when something like this came his way, he could grab it.”
Recriminations at First Meeting – Although the visit is just supposed to be an initial meeting introducing the 9/11 Commission to the CIA, according to Lowenthal, Zelikow starts by saying, “If you had a national intelligence director, none of this would have ever happened.” According to Wiley, Zelikow says that 9/11 was the result of a “massive failure” at the CIA and happened because “you guys weren’t connected to the rest of the community.” Zelikow will later say that he has no recollection of making these remarks and did not have a firm opinion on a director of national intelligence at this time, but both Lowenthal and Wiley will recall both the remarks and being extremely surprised by Zelikow’s tone. Lowenthal thinks that Zelikow has already decided that the intelligence community needs to be restructured, with a national intelligence director appointed above the CIA director, and that Zelikow is “going to make this [the 9/11 investigation] all about the CIA.”
Tenet’s Reaction – When Lowenthal warns CIA Director George Tenet about the interview, Tenet cannot believe what Lowenthal is telling him and thinks Lowenthal may have misheard Zelikow. According to journalist and author Philip Shenon, Tenet thinks the idea the CIA is most responsible for 9/11 is “crazy” and the idea of creating a national intelligence director “even nuttier.” Tenet is sure that the “incompetent, arrogant FBI” is most at fault for 9/11 and that if Zelikow gets out of hand, he can deal with the situation by talking to some of the 9/11 commissioners he knows. [Shenon, 2008, pp. 76-80]
January 31, 2003: Bush Praises Resigning Counterterrorism Official Richard Clarke in Handwritten Letter
Former counterterrorism “tsar” Richard Clarke, resigning his position as the White House cybersecurity chief, receives a handwritten note from President Bush that reads in part: “Dear Dick, you will be missed. You served our nation with distinction and honor. You have left a positive mark on our government.” Clarke will later note: “This is not the normal typewritten letter that everybody gets. This is the president’s handwriting” (see March 28, 2004). [MSNBC, 3/28/2004]
January 31, 2003: Bush and Blair Acknowledge No Direct Link Between Saddam and 9/11
During a joint press conference with President George Bush and British Prime Minister Blair at the White House, the two leaders are asked by a reporter, “One question for you both. Do you believe that there is a link between Saddam Hussein, a direct link, and the men who attacked on September the 11th?” Bush answers succinctly, “I can’t make that claim.” [US President, 2/3/2003]
January 31, 2003: Bush Tells Blair US Going to War Regardless of Inspection Results; US Considering Luring Iraq into Shooting at US Aircraft Painted in UN Colors
President Bush and British Prime Minister Tony Blair meet at the White House to discuss Iraq. Also present at the meeting are Blair’s foreign policy adviser, Sir David Manning; his aid Matthew Rycoft; his chief of staff, Jonathan Powell; US National Security Adviser Condoleezza Rice and her deputy, Dan Fried; and Bush’s chief of staff, Andrew Card. [Sands, 2005; Independent, 2/2/2006; Channel 4 News (London), 2/2/2006; New York Times, 3/27/2006]
Bush Says US Going to War with or without UN Resolution – Blair presses Bush to seek a second UN resolution that would provide specific legal backing for the use of force against Iraq. According to the minutes of the meeting, Bush says that “the diplomatic strategy [has] to be arranged around the military planning” and that the “US would put its full weight behind efforts to get another resolution and would ‘twist arms’ and ‘even threaten.’” But if such efforts fail, Bush is recorded saying, “military action would follow anyway.” Bush also tells Blair that he hopes to commence military action on March 10. Blair does not demur and offers Britain’s total support for the war, saying that he is “solidly with the president and ready to do whatever it took to disarm Saddam.” Notwithstanding, he insists that “a second Security Council resolution would provide an insurance policy against the unexpected, and international cover, including with the Arabs.” According to Bush, the question that needs to be addressed is what should they cite as evidence that Iraq is in breach of its obligations under UN Resolution 1441 (see November 8, 2002). The minutes of the meeting will indicate that there is concern that inspections have failed to provide sufficient evidence of a material breach.
Suggested Provocation of Iraq – “The US was thinking of flying U2 reconnaissance aircraft with fighter cover over Iraq, painted in UN colors,” the minutes report. “If Saddam fired on them, he would be in breach.” [Sands, 2005; Channel 4 News (London), 2/2/2006; MSNBC, 2/2/2006; Guardian, 2/3/2006; New York Times, 3/27/2006] The Times of London later notes that this proposal “would have made sense only if the spy plane was ordered to fly at an altitude within range of Iraqi missiles.” In this case, the plane would be far below the 90,000 foot altitude it is capable of operating at. [London Times, 2/2/2006; Channel 4 News (London), 2/2/2006]
Bush Suggests Use of Defector – In addition to the U2 idea, Bush says it is “possible that a defector could be brought out who would give a public presentation about Saddam’s WMD, and there was also a small possibility that Saddam would be assassinated.” At one point during the two-hour meeting, Bush says he thinks “it unlikely that there would be internecine warfare between the different religious and ethnic groups.” [Sands, 2005; New York Times, 3/27/2006] Author Phillippe Sands will later ask, “Why would the US president and the British prime minister spend any time concocting ways of proposing a material breach if they knew they could prove Saddam had weapons of mass destruction?” [Rich, 2006, pp. 190]
February 2003: Bush Administration Downplays Afghanistan War as War in Iraq Draws Near
The Bush Administration declares that the US military is moving to “stability operations” in Afghanistan, a euphemism for military deescalation. Rand Beers, a counterterrorism expert on the National Security Council at the time, will say in July 2003, “They wanted to make it sound as if there were just a few more stitches needed in the quilt.” He will add: “They didn’t want to call attention to the fact that Osama [bin Laden] was still at large and living along the Pakistan-Afghanistan border, because they wanted it to look like the only front was Iraq. Otherwise, the question becomes: If Afghanistan is that bad, why start another war?” He will also say, “I have worried for some time that it became politically inconvenient” for the Bush administration to “complete operations sufficiently in Afghanistan.” Beers is so upset that he quits a month later, right as the Iraq war begins. [New Yorker, 7/28/2003]
February 2003: Neoconservative Author Defends Claims of 9/11-Iraq Connection to Skeptical Journalist
Authors Laurie Mylroie and Peter Bergen appear on a Canadian news broadcast to discuss the impending war with Iraq, and Iraq’s supposed connections to 9/11. Mylroie has long argued that Saddam Hussein was behind every terrorist attack on the US (see 1990) from the 1993 World Trade Center bombings (see October 2000) to 9/11 (see September 12, 2001); Bergen, like many in the journalistic and intelligence communities, believes Mylroie is a “crackpot” (see December 2003). According to Bergen, Mylroie opens the interview by “lecturing in a hectoring tone: ‘Listen, we’re going to war because President Bush believes Saddam Hussein was involved in 9/11. Al-Qaeda is a front for Iraqi intelligence… [the US] bureaucracy made a tremendous blunder that refused to acknowledge these links… the people responsible for gathering this information, say in the CIA, are also the same people who contributed to the blunder on 9/11 and the deaths of 3,000 Americans, and so whenever this information emerges they move to discredit it.’” Bergen counters by noting that her theories defy all intelligence and “common sense, as they [imply] a conspiracy by literally thousands of American officials to suppress the truth of the links between Iraq and 9/11.” Mylroie does not like this. Bergen will later write that by “the end of the interview, Mylroie, who exudes a slightly frazzled, batty air, started getting visibly agitated, her finger jabbing at the camera and her voice rising to a yell as she outlined the following apocalyptic scenario: ‘Now I’m going to tell you something, OK, and I want all Canada to understand, I want you to understand the consequences of the cynicism of people like Peter. There is a very acute chance as we go to war that Saddam will use biological agents as revenge against Americans, that there will be anthrax in the United States and there will be smallpox in the United States. Are you in Canada prepared for Americans who have smallpox and do not know it crossing the border and bringing that into Canada?’” Bergen calls Mylroie’s outburst typical of her “hysterical hyperbole” and “emblematic of Mylroie’s method, which is to never let the facts get in the way of her monomaniacal certainties.” [Washington Monthly, 12/2003]
