The 9/11 Commission’s teams of investigators are asked to present interim staff reports to be read in the public hearings. Each report summarizes the staff’s findings regarding the subject of the day’s testimony. The reports help frame the questions for the day’s witnesses, and provide the basis for some of the chapters of the final report, so they are quite important and closely reported in the media. The commission’s executive director, Philip Zelikow, almost always rewrites the reports. Zelikow is smarting from the rounds of public criticism he has suffered for his apparent close ties to the Bush administration (see November 1997-August 1998, January 3, 2001, September 20, 2002, and March 21, 2004), and decides that he alone should read each staff report in the hearings—in essence, presenting himself as the public face of the commission and hopefully garnering some positive press coverage. That idea falls flat when angry staffers complain to the commissioners. But Zelikow continues to rewrite the reports, often improving on the language and wording, and sometimes rewriting reports to insert information that staffers find unsupportable (see January 2004). [Shenon, 2008, pp. 317-324]
January 2004: White House Refuses to Allow 9/11 Commission Access to Additional Presidential Daily Briefs despite Deal, Commission Hires Lawyer to Draft Subpoena
9/11 Commissioner Jamie Gorelick and Philip Zelikow, the 9/11 Commission’s executive director, complete a review of 300 Presidential Daily Brief (PDB) items that might be relevant to the Commission’s work. They find that 50 of them are actually relevant and, under the terms of an agreement they have with the White House (see November 7, 2003), tell White House counsel Alberto Gonzales that the Commission’s chairman and vice chairman, Thomas Kean and Lee Hamilton, should see these 50. The other seven commissioners will not see any of the PDBs, but Gorelick and Zelikow want to show them a 10-page summary of what they have found. The White House had previously agreed to this in principle, but Gonzales says that 50 is too many. He says that when the agreement was concluded, he thought they would only want to show one or two more to Kean and Hamilton. In addition, he claims the 10-page summary is way too long, and has too much detail about one key PDB concerning Osama bin Laden’s determination to strike inside the US (see August 6, 2001). Gonzales’s response angers all the commissioners. Its lawyer, Daniel Marcus, is instructed to hire an outside counsel to draft a subpoena, and he engages Robert Weiner, a leading Washington lawyer. The subpoena is to be for Gorelick and Zelikow’s notes, because the Commission thinks it is more likely to get them. However, Marcus will say that filing a subpoena “would have been Armageddon,” because, “Even though we had a good legal argument, the subpoena would have been a disaster for us because we could not have won the litigation in time to get the PDBs.” [Shenon, 2008, pp. 222-224] The subpoena will not be sent due to a last ditch intervention by Zelikow (see February 2004).
January 2004: Lone 9/11 Commission Staffer Decides to Read Though Small Portion of Ignored NSA Material Herself
After finding that nobody else on the 9/11 Commission is interested in what the NSA knew about al-Qaeda in general and the 9/11 plot in particular (see Late 2002-July 2004 and Late 2003), commission staffer Lorry Fenner decides to try to read through a portion of the material herself. Fenner is “astonished” that nobody from the commission’s team investigating the 9/11 plot is reading the material, and thinks about asking her boss, Kevin Scheid, to tell the commission’s executive director Philip Zelikow that somebody should read the material. However, Scheid resists a confrontation with Zelikow, and Fenner does not want to go over her boss’s head and talk to Zelikow herself. Therefore, although she has other duties on the commission, she starts to read through the material herself. There are tens of thousands of pages of NSA documents about Osama bin Laden and al-Qaeda and, according to author Philip Shenon, “It would take several days of reading to get through even a small portion of it.” Fenner spends “two or three hours” on “several days” between January and June in the reading room, and some colleagues help her towards the end (see June 2004 and Between July 1 and July 17, 2004), but most of the information will go unread by the 9/11 Commission. [Shenon, 2008, pp. 156-7, 370]
January 2004: US Not Advertising Reward Program in Pakistan Where Most Al-Qaeda Leaders Are Hiding; Program Not Fixed Later
In 2004, Rep. Mark Steven Kirk (R-Ill) visits Pakistan to find out why the US Rewards for Justice program has generated so little information regarding al-Qaeda’s leadership. In the early 1990s, the program was effective in helping to catch al-Qaeda bomber Ramzi Yousef after a $2 million reward was announced for him and a huge number of matchboxes with his picture and the reward information on it were distributed in countries where he was likely to be (see April 2, 1993). The program has $25 million rewards for al-Qaeda leaders Osama bin Laden and Ayman al-Zawahiri, and lesser rewards for other al-Qaeda leaders. Kirk discovers that the US Embassy in Islamabad, Pakistan has effectively shut down the reward program. There is no radio or television advertising. A bin Laden matchbook campaign had begun in 2000 (see February 16, 2000), but the embassy has stopped giving away matchbooks with photos of bin Laden and other leaders. Kirk will later say: “We were at zero. I couldn’t believe it.” Embassy officials tell Kirk they are busy with other issues, such as assisting US troops in Afghanistan. Kirk proposes a congressional bill that would increase funding for the rewards program to advertise, extend the program to target drug kingpins (especially those who fund al-Qaeda and the Taliban), and make other reforms and improvements. But apparently the bill does not pass and the problem is not fixed. In 2008, Kirk will complain, “[T]he key thing about the Rewards for Justice program is that no one in a rural area—anywhere—knows about it.” Former CIA officer Arthur Keller will also say in 2008 that there are people in Pakistan and elsewhere with information who would be open to informing. “They’d love to have a $25 million bounty, and they aren’t supportive of Osama. But they don’t necessarily trust the US. Who do you report it to? The local police chief?… They’re not sure who to turn to or who to trust.” [US Congress, House, 2/12/2004; Washington Post, 5/17/2008] In 2006, the program will conduct a large advertising blitz in the US, seemingly one of the most unlikely places to figure leaders such as bin Laden (see December 2006).
January 2004: Air Strike on Afghan Drug Lab Is Exception to the Rule
A British special forces team in Afghanistan calls in a US air strike on a drug lab. The damage leads to a 15 percent spike in heroin prices. It is unclear if US commanders knew that the proposed target was a drug lab. However, this seems to be nearly the only such strike on drug-related targets since 9/11. Shortly after 9/11, the US military decided to avoid such targets (see Shortly After September 11, 2001). The US continued to gain new intelligence on the location of drug facilities and continued not to act. Assistant Secretary of State Bobby Charles later will complain, “We had regular reports of where the labs were. There were not large numbers of them. We could have destroyed all the labs and warehouses in the three primary provinces involved in drug trafficking… in a week. I told flag officers, you have to see this is eating you alive, that if you don’t do anything by 2006 you are going to need a lot more troops in Afghanistan.” [Risen, 2006, pp. 152-162]
January 2004: Staffers Appalled at Zelikow’s Rewrite of 9/11 Commission Statement to Imply Connections between Iraq and Al-Qaeda
Members of the 9/11 Commission’s team focusing on counterterrorism issues are appalled at a rewrite of a report by executive director Philip Zelikow. Zelikow rewrote the report, about the history of US efforts to contain al-Qaeda during the Clinton years, to imply that direct links exist between Iraq and al-Qaeda (see January 2004). Staffer Scott Allan, who wrote the original report, thinks that if the report is allowed to stand, it will become an important propaganda tool for the White House and its neoconservative backers in justifying the Iraq war, with headlines trumpeting the commission’s “discovery” of evidence linking al-Qaeda and Iraq. Many of Allan’s colleagues are equally disturbed, especially senior staffer Les Hawley. Hawley, a retired colonel, is a veteran of the military and civilian bureaucracies in Washington, and was a senior official in the State Department under Bill Clinton. Hawley, Allan, and the rest of the team directly challenge Zelikow’s rewrite. In author Philip Shenon’s words: “It would be remembered as an all-important showdown for the staff, the moment where they would make it clear that Zelikow could take his partisanship only so far. The staff would not allow him to trade on their credibility to promote the goals of the Bush White House—not in these interim reports, nor in the commission’s final report later that year.” The staff soon confronts Zelikow on the issue (see January 2004). [Shenon, 2008, pp. 317-324]
January 2004: 9/11 Commission’s Zelikow Backs Down on Allegations of Connections between Iraq and Al-Qaeda
After 9/11 Commission executive director Philip Zelikow rewrites a staff report to allege links between Iraq and al-Qaeda (see January 2004), the staff confront Zelikow over the rewrite (see January 2004). The meeting between Zelikow and the staffers becomes somewhat heated, but Zelikow capitulates in the end, replacing the allegations of a link between Iraq and al-Qaeda with far more neutral language, and agreeing to let the entire issue lay until a later staff report. Author Philip Shenon will later write: “The staff suspected that Zelikow realized at the meeting that he had been caught in a clear-cut act of helping his friends in the Bush White House—that he had tried to twist the wording of the report to serve the needs of the Bush administration and its stumbling military campaign. Zelikow said later it was nothing of the sort.” Zelikow will deny allegations that he is a “White House mole,” and insist that all he wanted to do was help the commission keep “an open mind” on the subject. [Shenon, 2008, pp. 317-324]
January 2004: Zelikow Tries to Have 9/11 Commission Back Contentious Link between Iraq and Al-Qaeda
9/11 Commission Executive Director Philip Zelikow rewrites a commission staff statement to imply there are ties between al-Qaeda and Iraq. Zelikow often rewrites many of the staff statements, but usually mainly to improve the style (see January 2004), and the addition of the Iraq-related material is unusual. The statement dealing with Iraq was originally compiled by international law expert Scott Allan, a member of the 9/11 Commission’s counterterrorism investigation, which is a strong focus of Zelikow’s attention. Allan writes the statement on the history of US diplomatic efforts to monitor and counteract al-Qaeda during the Clinton years, and the difficulties encountered by the government in working with “friendly” Arab nations such as Saudi Arabia to keep al-Qaeda at bay. Allan and other members of Team 3 are horrified at Zelikow’s rewrite of this report. Zelikow inserts sentences that allege direct ties between Iraq and al-Qaeda (see July 9, 2003), suggest that al-Qaeda officials were in systematic contact with Iraqi government officials in the years before 9/11, and even allege that Osama bin Laden had seriously considered moving to Iraq after the Clinton administration pressured the Taliban to oust him from Afghanistan (see April 4, 2000 and December 29, 2000). Zelikow’s additions are subtle and never directly state that Iraq and al-Qaeda had any sort of working relationship, but the import is clear. The effect of Zelikow’s rewrite would be to put the commission on record as strongly suggesting that such a connection between Iraq and al-Qaeda—long a White House argument to justify the war in Iraq—existed before 9/11, and therefore Iraq bore some of the responsibility for the attacks. Allan never made any such allegations in his original draft. Moreover, he knows from his colleagues who have pored over the archives at the CIA that no evidence of such a connection exists. Allan and the other Team 3 staffers confront Zelikow on the rewrite (see January 2004), and Zelikow eventually backs down (see January 2004). [Shenon, 2008, pp. 317-324]
January 2004: Karl Rove Orders Poll to Determine Public Interest in 9/11 Commission
White House adviser Karl Rove orders a Republican Party poll to determine public interest in a number of issues: Martha Stewart’s insider trading case, Enron’s collapse, and the 9/11 Commission’s investigation. The poll suggests that the public is not that interested in the Commission, which, according to author Philip Shenon, is “a relief at the White House.” Apparently, this is not the only poll Rove orders about the 9/11 Commission. Shenon will add that Rove “would have been a fool not to keep an eye on the Commission, given the potential trouble it could create for Bush on the eve of his reelection campaign—a campaign that would be centered almost entirely on the president’s record on terrorism.” Perhaps partly because of this, the Commission and its staff have “a sense of being watched” by Rove, and commissioner John Lehman will say that Rove views the Commission as a “mortal threat” to Bush’s reelection chances. [Shenon, 2008, pp. 175-176]
January-June 2004: 9/11 Commission Staffer Discovers Material Possibly Linking Iran to 9/11 Figures Unnoticed in NSA Archives
9/11 Commission staffer Lorry Fenner, who is reading through NSA material related to al-Qaeda on her own initiative (see January 2004), finds material possibly linking Iran and Hezbollah to al-Qaeda. [Shenon, 2008, pp. 157, 370-1] The material indicates that between eight and ten of the future hijackers traveled between Saudi Arabia, Afghanistan, and other destinations via Iran. For example, in November 2000, one of the hijackers, Ahmed Alghamdi, took the same flight as a senior Hezbollah official (see November 2000), although the 9/11 Commission report will say this may be a “coincidence.” An associate of a senior Hezbollah operative took the same flight as another three of the hijackers in November 2000, and Hezbollah officials were expecting an undefined group to arrive at the same time. However, the hijackers’ families will say they were in Saudi Arabia at this time (see Mid-November, 2000). Based on information such as this, the commission will conclude that Iran helped al-Qaeda operatives transit Iran by not stamping their passports, but that neither it nor Hezbollah had any knowledge of the 9/11 plot. Under interrogation, detainees Khalid Shaikh Mohammed and Ramzi bin al-Shibh say that some of the hijackers did transit Iran, but that they had no assistance from the Iranian authorities. However, such statements were apparently made after they were tortured, bringing their reliability into question (see June 16, 2004 and August 6, 2007). [9/11 Commission, 7/24/2004, pp. 240-1] The NSA intelligence reports the information about Iranian and Hezbollah is based on were mostly drafted between October and December 2001, so it is possible that the NSA was monitoring Hezbollah in 2000 and then matched up travel by that organization’s operatives with the 9/11 hijackers’ travel, ascertained from airlines, for example, after 9/11. One of the reports, entitled “operative’s claimed identification of photos of two Sept. 11 hijackers,” is dated August 9, 2002. It is unclear who the operative is or how he allegedly came into contact with the alleged 9/11 hijackers. [9/11 Commission, 7/24/2004, pp. 529]
