CIA General Counsel Scott Muller briefs a small group of legislators on the CIA’s detainee interrogation program, and indicates that it has made videotapes of the interrogations. Muller says that the CIA is now thinking about destroying the tapes, because they put the officers shown on them at risk. Although four to eight legislators have already been briefed about the program (see September 2002), this is apparently the first mention that videotapes of interrogations have been made. [New York Times, 12/8/2007] According to House Intelligence Committee member Jane Harman (D-CA), the briefing raises “a number of serious concerns.” [The Gavel, 12/9/2007] Both Harman and another of those present, Porter Goss (R-FL), advise the CIA that they think destroying the tapes is a bad idea (see November 2005). Harman is apparently supported by fellow Democrat Nancy Pelosi, who is said to “concur” with Harman’s objections to the tapes’ destruction. [International Herald Tribune, 12/8/2007] Harman writes a follow-up letter to Muller asking about legal opinions on interrogation techniques and urging the CIA to reconsider its decision to destroy the tapes (see February 28, 2003).
February 2003: 76 Percent of Americans Believe Hussein Assists Al-Qaeda
A CNN/Time poll discovers that 76 percent of Americans believe Saddam Hussein provides assistance to al-Qaeda. [CNN, 3/11/2003]
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]
February-March 20, 2003: Stories About PNAC Global Domination Agenda Gets Some Media Coverage
With war against Iraq imminent, numerous media outlets finally begin reporting on PNAC’s role in influencing Iraq policy specifically, and US foreign policy generally. PNAC’s plans for global domination had been noted before 9/11 [Washington Post, 8/21/2001] , and PNAC’s 2000 report (see September 2000) recommending the conquest of Iraq even if Saddam Hussein is not in power was first reported in September 2002 [Sunday Herald (Glasgow), 9/7/2002] , but there are few follow-up mentions until February 2003. (Exceptions: [Atlanta Journal-Constitution, 9/29/2002; Bangor Daily News, 10/18/2002; New Statesman, 12/16/2002; Los Angeles Times, 1/12/2003] ) Many of these articles use PNAC to suggest that global and regional domination is the real reason for the Iraq war. Coverage increases as war gets nearer, but many media outlets still fail to do any reporting on this, and some of the reporting that is done is not prominently placed (a New York Times article on the topic is buried in the Arts section! [New York Times, 3/11/2003] ). One Newsweek editorial notes that “not until the last few days” before war have many reasons against the war been brought up. It calls this “too little, too late” to make an impact. [Newsweek, 3/18/2003] (Articles that discuss PNAC before war begins: [Philadelphia Daily News, 1/27/2003; New York Times, 2/1/2003; PBS, 2/20/2003; Observer, 2/23/2003; Bergen Record, 2/23/2003; Guardian, 2/26/2003; Mother Jones, 3/2003; BBC, 3/2/2003; Observer, 3/2/2003; Der Spiegel (Hamburg), 3/4/2003; ABC News, 3/5/2003; Salon, 3/5/2003; Independent, 3/8/2003; Toronto Star, 3/9/2003; ABC News, 3/10/2003; Australian Broadcasting Corporation, 3/10/2003; CNN, 3/10/2003; Guardian, 3/11/2003; New York Times, 3/11/2003; American Prospect, 3/12/2003; Chicago Tribune, 3/12/2003; Globe and Mail, 3/14/2003; Japan Times, 3/14/2003; Sydney Morning Herald, 3/15/2003; Salt Lake Tribune, 3/15/2003; Star-Tribune (Minneapolis), 3/16/2003; Observer, 3/16/2003; Sunday Herald (Glasgow), 3/16/2003; Toronto Star, 3/16/2003; Canadian Broadcasting Corporation, 3/17/2003; Globe and Mail, 3/19/2003; Asia Times, 3/20/2003; Age (Melbourne), 3/20/2003] )
Early February 2003: FBI Reportedly Baffled by White House Push to Link Iraq and Al-Qaeda
An unnamed Justice Department official tells the New York Times that the FBI has been baffled by the administration’s claims of links between Iraq and al-Qaeda. “We’ve been looking at this hard for more than a year and you know what, we just don’t think it’s there,” the official says. [New York Times, 2/3/2003 Sources: Unnamed government official]
February-April 2003: 9/11 Commissioners Rarely Visit Commission’s Offices, Giving Executive Director Zelikow More Power
In the first few months of the 9/11 Commission’s investigation, the ten commissioners rarely visit the staff’s offices, partly because they are not allowed to have their own offices there. This means that the commissioners are separated from the staff, and that Executive Director Philip Zelikow acquires more control of the inquiry. Author Philip Shenon will write: “[T]he staff could see that with every passing day, Zelikow was centralizing control of the day-to-day investigation in his own hands. He was becoming the eleventh commissioner and, in many ways, more powerful than the others.… Zelikow was in charge.” [Shenon, 2008, pp. 69-70, 85-86]
Around February 2003: 9/11 Commission Executive Director Zelikow Appoints Current CIA Officer to Lead Investigation of CIA
9/11 Commission executive director Philip Zelikow appoints Michael Hurley—a 20-year CIA officer still actively employed—to lead the Commission’s investigation of counterterrorism policy prior to 9/11. This team will be responsible for reviewing the performance of the CIA and NSC (see Around February 2003). Hurley and his team will also be responsible for examining the pre-9/11 conduct of former CIA bin Laden unit manager Rich Blee, even though Hurley presumably served under Blee in Afghanistan after 9/11. Following the 9/11 attacks, Blee was made Kabul station chief (see December 9, 2001) and Hurley served three tours in Afghanistan. According to his biography at the 9/11 Public Discourse Project, “[Hurley] was one of the agency’s lead coordinators on the ground of Operation Anaconda, the largest battle against al-Qaeda in the campaign in Afghanistan” (see March 2-13, 2002). The biography also states: “From 1998-1999, and again in 2000, he was detailed to the National Security Council, where he was director for the Balkans, and advised the national security adviser and the president on Balkans policy. Over the past decade he has been a leader in US interventions in troubled areas: Kosovo (1999-2000); Bosnia (1995-1996); and Haiti (during the US intervention, 1994-1995). Michael Hurley has held a range of management positions at CIA headquarters and served multiple tours of duty in western Europe.” [9/11 Public Discourse Project, 8/8/2008] Author Philip Shenon will describe Hurley as “a battle-hardened spy on loan to the Commission from the CIA.” Besides Hurley, other staffers on the counterterrorism review team are Warren Bass, a “terrorism researcher at the Council for Foreign Relations in New York” who will “focus on the NSC,” and Alexis Albion, a “doctoral candidate in intelligence studies at Harvard” who will be “the central researcher on the CIA.” [Shenon, 2008, pp. 87]
Early 2003: KSM Possibly Arrested in Karachi
In a book published in 2006, 9/11 Commission Chairman Tom Kean and Vice-Chairman Lee Hamilton will say that 9/11 mastermind Khalid Shaikh Mohammed (KSM) is captured “in an early 2003 raid on a Karachi apartment orchestrated by the CIA, the FBI, and Pakistani security services.” [Kean and Hamilton, 2006, pp. 115] Pakistan and the US will announce the arrest at the beginning of March (see February 29 or March 1, 2003). In contrast to the version put forward later by Kean and Hamilton, the Pakistani government initially states he is captured in a house in Rawalpindi, solely by Pakistani security forces. The US agrees on the date and place, but says it was a joint operation. [CNN, 3/2/2003; Dawn (Karachi), 3/2/2003] However, the initial account is called into question due to various problems (see March 10, 2003). It is unclear whether Kean and Hamilton realize that the passing reference in their book is at variance with the initial account.
Around February 2003: 9/11 Commission Executive Director Zelikow Assumes Responsibility for Hiring Commission’s Staff
Recently hired 9/11 Commission Executive Director Philip Zelikow assumes responsibility for hiring the rest of the commission’s staff. According to an agreement with the commission’s chairman and vice chairman, Tom Kean and Lee Hamilton, the two of them can veto the people he chooses, or even insist that a person Zelikow does not want is hired. However, these powers are exercised rarely, if at all, and, according to author Philip Shenon, it is “left mostly to Zelikow to choose who would conduct the investigations and how their responsibilities would be divided.” In one instance, Zelikow puts potential hire Navy lieutenant Kevin Shaeffer, who was badly injured at the Pentagon on 9/11, through a grueling interview before offering him a job. Shenon will comment that Zelikow did this “to make it clear to everyone that he was in charge; the people being hired for the commission worked for him.” The fact that commissioners do not have their own staffers also enhances Zelikow’s power. Zelikow will comment: “If commissioners have their own personal staff, this empowers commissioners to pursue their own agenda. [If there is a single nonpartisan staff it] doesn’t mean that the commissioners are powerless, It means that they are powerless individually and powerful together.” Shenon will point out: “It also meant that, ultimately, the staff answered to Zelikow. Every one of them. If information gathered by the staff was to be passed to the commissioners, it would have to go through Zelikow.” [Shenon, 2008, pp. 81-83]
Around February 2003: 9/11 Commission Executive Director Zelikow Assumes Close Control of Key Commission Team
After the 9/11 Commission’s staff is divided into nine teams, the commission’s executive director, Philip Zelikow, begins to closely supervise the work done by the commission’s team 3, which is investigating counterterrorism policy. Author Philip Shenon will later point out that this team is responsible for the “most politically sensitive” portion of the commission’s work, because it is to “review the performance of the Bush and Clinton administrations in dealing with al-Qaeda threats before 9/11.” It will have access to CIA and NSC files, and is tasked with determining whether the Clinton administration did enough to destroy al-Qaeda and why “the Bush administration had seemed to do so little in response to the flood of terrorism warnings in the months before 9/11.” Zelikow soon makes it clear that this team is his priority, carefully checking the lists of documents and interviews the commission is asking the Bush administration for. He also announces that he wants to be present at all the major interviews. Shenon will comment: “At first, members of the team found it flattering that Zelikow wanted to spend so much of his own time and energy on the work of Team 3. Their suspicion of his motives grew later.” As time goes on, the team members are startled to discover that he wants to “be involved in the smallest details of their work” to such an extent that he “ignore[s] the work of other teams of investigators,” who are even moved out of the commission’s main building and into separate “dark, claustrophobic” offices known as “the Cave.” [Shenon, 2008, pp. 86-87, 145]
