It is reported that “most members” of the 9/11 Commission still have not received security clearances. [Washington Post, 3/27/2003] For instance, Slade Gorton, picked in December 2002, is a former senator with a long background in intelligence issues. Fellow commissioner Lee Hamilton says, “It’s kind of astounding that someone like Senator Gorton can’t get immediate clearance. It’s a matter we are concerned about.” The commission is said to be at a “standstill” because of the security clearance issue, and cannot even read the classified findings of the previous 9/11 Congressional Inquiry. [Seattle Times, 3/12/2003]
March 28, 2003: Independence of 9/11 Commission Called Into Question
An article highlights conflicts of interest amongst the commissioners on the 9/11 Commission. It had been previously reported that many of the commissioners had ties to the airline industry (see December 16, 2002), but a number have other ties. “At least three of the ten commissioners serve as directors of international financial or consulting firms, five work for law firms that represent airlines and three have ties to the US military or defense contractors, according to personal financial disclosures they were required to submit.” Bryan Doyle, project manager for the watchdog group Aviation Integrity Project says, “It is simply a failure on the part of the people making the selections to consider the talented pool of non-conflicted individuals.” Commission chairman Thomas Kean says that members are expected to steer clear of discussions that might present even the appearance of a conflict. [Associated Press, 3/28/2003]
March 28, 2003: Al-Qaeda Supporter Now In Charge of Security of Nation Closely Allied with US
The Los Angeles Times reports that, ironically, the man in charge of security for the nation where the US bases its headquarters for the Iraq war is a supporter of al-Qaeda. Sheik Abdullah bin Khalid al-Thani is the Interior Minister of Qatar. US Central Command and thousands of US troops are stationed in that country. In 1996, al-Thani was Religious Minister and he apparently let 9/11 mastermind Khalid Shaikh Mohammed (KSM) live on his farm (see January-May 1996). Mohammed was tipped off that the US was after him. Some US officials believe al-Thani was the one who helped KSM escape, just as he had assisted other al-Qaeda leaders on other occasions. [Los Angeles Times, 3/28/2003] Another royal family member has sheltered al-Qaeda leaders and given over $1 million to al-Qaeda. KSM was even sheltered by Qatari royalty for two weeks after 9/11 (see Late 2001). [New York Times, 2/6/2003] Ahmad Hikmat Shakir, who has ties to the 1993 World Trade Center bombing (see February 26, 1993), the Bojinka plot (see January 6, 1995), and also attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), was sheltered by al-Thani’s religious ministry in 2000. [Newsweek, 9/30/2002] Former counterterrorism “tsar” Richard Clarke says al-Thani “had great sympathy for Osama bin Laden, great sympathy for terrorist groups, was using his personal money and ministry money to transfer to al-Qaeda front groups that were allegedly charities.” However, the US has not attempted to apprehend al-Thani or take any other action against him. [Los Angeles Times, 3/28/2003]
March 28, 2003: First Details of KSM’s Interrogations Leaked to Press
The first details of the interrogation of alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) are leaked to the press and appear in the Washington Post. At least some of the information appears to come from a report on KSM’s interrogation drafted four days ago. According to the Post article, KSM claims that Zacarias Moussaoui, an al-Qaeda operative arrested in the US in August 2001 (see August 16, 2001), was not part of the 9/11 plot and was scheduled for a follow-up attack. He also says that Moussaoui was helped by Jemaah Islamiyah leader Hambali and Yazid Sufaat, one of Hambali’s associates. KSM reportedly says Sufaat attempted to develop biological weapons for al-Qaeda, but failed because he could not obtain a strain of anthrax that could be dispersed as a weapon. This information appears to be based on a CIA report of KSM’s interrogation drafted on March 24, which discussed KSM’s knowledge of Moussaoui’s stay in Malaysia, where he met both Hambali and Sufaat (see March 24, 2003). The Post notes that if KSM’s claim about Moussaoui were true, this could complicate the prosecution of Moussaoui. For example, it quotes former prosecutor Andrew McBride saying that “on the death penalty, it is quite helpful to Moussaoui.” [Washington Post, 3/28/2003] During the Moussaoui trial, the statement about Moussaoui’s non-involvement in the 9/11 operation will be submitted to the jury as a part of a substitution for testimony by KSM. [US District Court for the Eastern District of Virginia, 7/31/2006
] Moussaoui will escape the death penalty by one vote (see May 3, 2006). During this month, KSM is in CIA custody and is waterboarded 183 times over five days (see After March 7, 2003 and April 18, 2009). The claim about Moussaoui is not the full truth, as a communications intercept between KSM and his associate Ramzi bin al-Shibh in July 2001 showed that KSM was considering Moussaoui for the 9/11 plot (see July 20, 2001).
March 30, 2003: Alleged Female Al-Qaeda Sleeper Agent Disappears in Pakistan
Alleged al-Qaeda member Aafia Siddiqui vanishes in Karachi, Pakistan, with her three children. Although she and her family are Pakistani, she had been a long-time US resident until late 2002, and had even graduated with a biology degree from the Massachusetts Institute of Technology (MIT). The day after her disappearance, local newspapers will report that an unnamed woman has been taken into custody on terrorism charges, which is unusual since nearly all terrorism suspects have been men. A Pakistan interior ministry spokesman confirms that Siddiqui is the woman who has been arrested. But several days later, both the Pakistan government and the FBI publicly deny that she is being held. Later in 2003, her mother will claim that two days after her disappearance, “a man wearing a motor-bike helmet” arrives at the Siddiqui home in Karachi, and without taking off his helmet, says that she should keep quiet if she ever wants to see her daughter and grandchildren again. Beginning with a Newsweek article in June 2003, Siddiqui and her husband will be accused of having helped al-Qaeda as possible US sleeper agents. Siddiqui’s sister will claim that in 2004 she is told by Pakistan’s interior minister that Siddiqui has been released and will return home shortly. Also in 2004, FBI Director Robert Mueller will announce at a press conference that Siddiqui is wanted for questioning. Siddiqui divorced her long-time husband in 2002. The BBC will later report that, shortly before her disappearance, she married Ali Abdul Aziz Ali, a nephew of 9/11 mastermind Khalid Shaikh Mohammed, and alleged participant in the 9/11 plot. “Although her family denies this, the BBC has been able to confirm it from security sources and Khalid Shaikh Mohammed’s family.” In July 2008, she will reappear in mysterious circumstances in Afghanistan, and then be transferred to the US to stand trial for murder (see July 17, 2008). Allegations continue that she was secretly held by the US or Pakistan some or all of the five years between 2003 and 2008. Her three children will not be seen following their disappearance. [BBC, 8/6/2008]
9:15 a.m. – 9:45 a.m. March 31, 2003: 9/11 Commission Says It Will Not ‘Point Fingers,’ Family Members Are Disappointed
After his opening comments on the first day of the 9/11 Commission’s first hearing, Chairman Tom Kean says, “We will be following paths, and we will follow those individual paths wherever they lead,” adding: “We may end up holding individual agencies, people, and procedures to account. But our fundamental purpose will not be to point fingers.” According to author Philip Shenon, there is “a rumble in the audience, even a few groans,” as the victims’ family members realize “what the Commission would not do: It did not intend to make a priority of blaming government officials for 9/11.” Shenon will add: “A few of the family advocates cocked their ears, wondering if they had heard Kean correctly. They had pushed so hard to create the Commission because they wanted fingers pointed at the government. And Kean knew it; the families had told him that over and over again in their early meetings. For many families, this investigation was supposed to be all about finger pointing. They wanted strict accountability, especially at the White House, the CIA, the FBI, the Pentagon, and other agencies that had missed the clues that might have prevented 9/11. The families wanted subpoenas—and indictments and jail sentences, if that was where the facts led.” [Shenon, 2008, pp. 99]
Lack of Publicity – This hearing and the next two do not receive much publicity and Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will later call them “background policy hearings in front of a C-SPAN audience.” They will later say that at this point the Commission “was not ready to present findings and answers,” since the various staff teams are nowhere near completing their tasks. For example, the team investigating the air defense failure on the day of 9/11 will not even issue a subpoena for the documents it needs until autumn (see Late October 2003 and November 6, 2003). [Kean and Hamilton, 2006, pp. 127-8]
Close to a Disaster – Referring to various problems with the first hearing, including confusion over logistics, low turnout by the public, and the discontent from the victims’ families, Shenon will say that this first public hearing “came close to being a disaster.” [Shenon, 2008, pp. 97]
March 31, 2003: US Forces Overrun Supposed Militant ‘Poison Factory’ in Iraq, but Its Poison Capabilities Appear Overblown
US Special Forces working with local Kurdish forces overrun the small border region of Iraq controlled by the militant group Ansar al-Islam. This is where Secretary of State Colin Powell alleged militant leader Abu Musab al-Zarqawi had a ‘poison factory’ near the town of Khurmal where chemical weapons of mass destruction capable of killing thousands were made. Joint Chiefs of Staff Chairman Gen. Richard Myers says, “We think that’s probably where the ricin that was found in London probably came; at least the operatives and maybe some of the formulas came from this site.” Defense Secretary Donald Rumsfeld comments, “We’re not certain what we’ll find but we should know more in the next three days – three or four days.” [New York Daily News, 3/31/2003] In a 2007 book, CIA Director George Tenet will claim, “Shortly after the invasion of Iraq, al-Zarqawi’s camp in Khurmal was bombed by the US military. We obtained reliable human intelligence reporting and forensic samples confirming that poisons and toxins had been produced at the camp.” [Tenet, 2007, pp. 277-278] He will further claim that the camp “engaged in production and training in the use of low-level poisons such as cyanide. We had intelligence telling us that al-Zarqawi’s men had tested these poisons on animals and, in at least one case, on one of their own associates. They laughed about how well it worked.” [Tenet, 2007, pp. 350] But Tenet’s claims seem wildly overblown compared to other subsequent news reports about what was found at the camp. In late April 2003, the Los Angeles Times will report that, “Documents obtained by the Los Angeles Times, along with interviews with US and Kurdish intelligence operatives, indicate [Ansar al-Islam] was partly funded and armed from abroad; was experimenting with chemicals, including toxic agents and a cyanide-based body lotion; and had international aspirations. But the documents, statements by imprisoned Ansar guerrillas, and visits to the group’s strongholds before and after the war produced no strong evidence of connections to Baghdad and indicated that Ansar was not a sophisticated terrorist organization. The group was a dedicated, but fledgling, al-Qaeda surrogate lacking the capability to muster a serious threat beyond its mountain borders.” A crude chemical laboratory is found in the village of Sargat, but no evidence of any sophisticated equipment is found. “Tests have revealed the presence of hydrogen cyanide and potassium cyanide, poisons normally used to kill rodents and other pests. The group, according to Kurdish officials, had been experimenting on animals with a cyanide-laced cream. Several jars of peach body lotion lay at the site beside chemicals and a few empty wooden birdcages.” While a lot of documentation is found showing intention to create chemical weapons, the actual capability appears to have been quite low. [Los Angeles Times, 4/27/2003] As the Christian Science Monitor will later conclude, the “‘poison factory’ proved primitive; nothing but substances commonly used to kill rodents were found there.” [Christian Science Monitor, 10/16/2003] Journalist Jason Burke will also later comment, “As one of the first journalists to enter the [al-Qaeda] research facilities at the Darunta camp in eastern Afghanistan in 2001, I was struck by how crude they were. The Ansar al-Islam terrorist group’s alleged chemical weapons factory in northern Iraq, which I inspected the day after its capture in 2003, was even more rudimentary.” [Foreign Policy, 5/2004]
9:45 a.m.-10:15 a.m. March 31, 2003: New York Officials Testify to 9/11 Commission, Mayor Tries to ‘Blindside’ Inquiry
At its first public hearing, the 9/11 Commission takes testimony from New York Governor George Pataki and Mayor Michael Bloomberg. Pataki arrives early and insists that he be allowed to speak immediately, so Commission Chairman Tom Kean interrupts the commissioners’ opening statements expressing their pride in serving on the investigation. Pataki then reads a prepared statement pledging the state’s co-operation with the investigation and leaves without taking questions. Bloomberg testifies next. He had originally said he would not appear, but would send a written statement to be read by somebody else. Then he agreed to appear, but said he would not take questions. Then he agreed to take questions, but insisted his police and fire commissioners would not accompany him. However, he arrives with both of them and says they will take questions. Author Philip Shenon will comment, “it was clear to the commissioners and the staff that the mayor was trying to blindside them,” as the Commission had not had the chance to prepare questions for the police and fire commissioners, vital witnesses in their inquiry. When Bloomberg enters the room to testify, in Shenon’s words, “In a gesture that seem[s] designed to make his disdain even clearer, he casually tosse[s] his prepared testimony onto the witness table before taking his seat, as if this were a routine meeting of the zoning board.” When he starts, he offers an aggressive defense of the way the city responded to the attack, and sharp criticism of the way federal emergency preparedness funds are distributed. Bloomberg conducts himself in this way throughout the inquiry (see November 2003), and Shenon will write that it is never clear if Bloomberg is “genuinely furious or if his anger [is] a well-choreographed show by the billionaire mayor to intimidate the 9/11 Commission.” The Commission does not schedule testimony from former New York Mayor Rudi Giuliani for this day, as it wants to wait until it better understands his performance on the day of the attacks. [Shenon, 2008, pp. 96-98, 100-101]
11:30 a.m.-1:00 p.m. March 31, 2003: US Government Draws Harsh Criticism at First 9/11 Commission Hearing
Following introductory statements by 9/11 Commissioners (see 9:15 a.m. – 9:45 a.m. March 31, 2003) and questioning of New York officials, several of the victims’ relatives testify on the first day of the Commission’s first hearing. One relative is selected from each of the four organizations they have formed. [Shenon, 2008, pp. 102] The relatives are unhappy and, as the Miami Herald reports, “Several survivors of the attack and victims’ relatives testified that a number of agencies, from federal to local, are ducking responsibility for a series of breakdowns before and during September 11.” [Miami Herald, 3/31/2003] The New York Times suggests that the 9/11 Commission would never have been formed if it were not for the pressure of the 9/11 victims’ relatives. [New York Times, 4/1/2003] Some of the relatives strongly disagree with statements from some commissioners that they should not place blame. For instance, Stephen Push states: “I think this Commission should point fingers.… Some of those people [who failed us] are still in responsible positions in government. Perhaps they shouldn’t be.” [United Press International, 3/31/2003] The most critical testimony comes from 9/11 relative Mindy Kleinberg, but her testimony is only briefly reported on by a few newspapers. [United Press International, 3/31/2003; Newsday, 4/1/2003; New York Times, 4/1/2003; New York Post, 4/1/2003; New Jersey Star-Ledger, 4/1/2003] In her testimony, Kleinberg says: “It has been said that the intelligence agencies have to be right 100 percent of the time and the terrorists only have to get lucky once. This explanation for the devastating attacks of September 11th, simple on its face, is wrong in its value. Because the 9/11 terrorists were not just lucky once: They were lucky over and over again.” She points out the insider trading based on 9/11 foreknowledge, the failure of fighter jets to catch the hijacked planes in time, hijackers getting visas in violation of standard procedures, and other events, and asks how the hijackers could have been lucky so many times. [9/11 Commission, 3/31/2003]
2:00 p.m. March 31, 2003: First Expert Witness for 9/11 Commission Promotes Iraq War
Abraham Sofaer of the Hoover Institution, a conservative think tank, becomes the first expert witness to testify before the 9/11 Commission. He uses this opportunity to express his support for the war in Iraq. Sofaer, a former federal judge and State Department legal adviser, will later say that he was pleased to testify before the Commission and that he knew what an honor it was to be the first expert witness. According to author Philip Shenon, the witness list was drawn up by Philip Zelikow, the Commission’s executive director, who appears to be a supporter of the Iraq war (see June 14, 2002). Despite Sofaer’s experience, Shenon will think it “odd” that he is the first expert witness, as he has “no special expertise on the events of September 11.” Instead, he advocates the recent US invasion of Iraq and champions the concept of “preemptive defense” or “preemptive war,” even against a country that poses no imminent military threat. “The president’s principles are strategically necessary, morally sound, and legally defensible,” Sofaer says. He also criticizes the perceived policy of former President Bill Clinton, saying, “The notion that criminal prosecution could bring a terrorist group like al-Qaeda to justice is absurd.” In the future, he says, when an enemy “rises up to kill you,” the US should “rise up and kill him first.” He calls on the Commission to endorse the preemptive war concept, and, in effect, the invasion of Iraq. [Shenon, 2008, pp. 103-104]


