Lee Hamilton:2003

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January 26, 2003: Some 9/11 Commission Members Unhappy with Staffing Arrangements, Executive Director Zelikow’s Appointment and Degree of Control When all ten members of the 9/11 Commission meet for the first time, in an informal setting, some of them are already unhappy about the way the commission is being run. Some of the Democratic members are unhappy about the selection of Republican Philip Zelikow as executive director (see Shortly Before January 27, 2003), a decision made solely by chairman Tom Kean and vice chairman Lee Hamilton. Commissioner Richard Ben-Veniste will say Zelikow’s appointment was “presented as a fait accompli.” Ben-Veniste is also alarmed by Zelikow’s links to National Security Adviser Condoleezza Rice (see 1995 and January 3, 2001), and he and fellow commissioner Max Cleland are upset about the proposed staff structure (see Around February 2003). There is to be a single staff led by Zelikow, and the commissioners will not have personal staffers, although this is usual on such commissions. Ben-Veniste proposes that each commissioner develop an expertise in a specific field, but this plan is blocked by Kean, Hamilton, and Zelikow. Kean and Hamilton also say that the commissioners can visit the commission’s offices, but cannot have a permanent presence there. Indeed, not even Kean and Hamilton will have an office in the commission’s building. Author Philip Shenon will comment: “To Ben-Veniste, the way the staff was being organized guaranteed that the commissioners’ involvement in the details of the investigation would be limited. It centralized control in Zelikow’s hands.” [SHENON, 2008, PP. 69-70] Entity Tags: Philip Zelikow, Lee Hamilton, Max Cleland, Richard Ben-Veniste Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Shortly Before January 27, 2003: 9/11 Commission Hires Philip Zelikow as Executive Director Despite His Links to National Security Adviser Rice The 9/11 Commission hires Philip Zelikow for the key position of executive director, the person actually in charge of the commission’s day-to-day affairs. Zelikow was recommended by Commissioner Slade Gorton, who had worked with Zelikow on an electoral reform commission after the disputed presidential election in 2000. Zelikow, the director of that commission, has powerful friends in Washington; even former president Jimmy Carter praises him. However, according to author Philip Shenon, the staff on the electoral reform commission think he is “arrogant and secretive,” and believe his success as commission director rested on “his ability to serve the needs—and stroke the egos” of the commissioners. Plans for Commission - Zelikow impresses commission Chairman Tom Kean by saying that he wants the panel’s final report to be written for the general public, in a more readable style than most government documents. After about 20 candidates have been considered, Kean decides that Zelikow is the best choice for the position. Conflict of Interests - Zelikow has a conflict of interests, as he co-authored a book with National Security Adviser Condoleezza Rice (see 1995) and also served on a special White House intelligence advisory board. Both these facts are listed on his résumé. Zelikow will say that he also mentioned his work with Rice, whom he served on the Bush administration transition team (see January 2001), to Kean and Vice-chairman Lee Hamilton in telephone conversations with them. However, Kean will later say he “wasn’t sure” if he knew of Zelikow’s work on the transition team at the time he was hired, and Hamilton will say that he thought he knew Zelikow had worked on the transition, but did not know the details of what he did. White House Chief of Staff Andrew Card will be extremely surprised by Zelikow’s appointment, because of his personality and the conflicts of interest, or at least the appearance of them. Omissions from Press Release - Zelikow’s hiring is announced in a press release issued on January 27. Shenon will later point out that the release, written based on information provided by Zelikow and reviewed by him before publication, is “notable for what it did not say.” It does not mention his work for the National Security Council in the 1980s, the book with Rice, his role on the White House transition team, or the fact he has just written a policy paper that is going to be used to justify the invasion of Iraq (see September 20, 2002). In fact, the Bush administration transition team had downgraded the position of counterterrorism “tsar” Richard Clarke, and Zelikow had played a key role in this decision (see January 3, 2001). [SHENON, 2008, PP. 58-62, 65-67] Entity Tags: Philip Zelikow, Thomas Kean, 9/11 Commission, Philip Shenon, Lee Hamilton Timeline Tags: Complete 911 Timeline, 9/11 Timeline

January 27, 2003: 9/11 Commission Starts Off with Little Funding The 9/11 Commission, officially titled the National Commission on Terrorist Attacks Upon the United States, holds its first meeting in Washington. The commission has $3 million and only a year and a half to explore the causes of the attacks. By comparison, a 1996 federal commission to study legalized gambling was given two years and $5 million. [ASSOCIATED PRESS, 1/27/2003] Two months later the Bush administration grudgingly increases the funding to $12 million total (see March 26, 2003). [ASSOCIATED PRESS, 1/27/2003] A few days later, Vice Chairman Lee Hamilton says, “The focus of the commission will be on the future. We want to make recommendations that will make the American people more secure.… We’re not interested in trying to assess blame, we do not consider that part of the commission’s responsibility.” [UNITED PRESS INTERNATIONAL, 2/6/2003] Entity Tags: Philip Zelikow, 9/11 Commission, Bush administration, Lee Hamilton Timeline Tags: Complete 911 Timeline, 9/11 Timeline

January 27, 2003: 9/11 Commission Decides It Will Not Issue Subpoenas At its first formal meeting, the 9/11 Commission decides it will not routinely issue subpoenas for the documents it wants from other agencies. Different Opinions - There is some debate on the matter. Commissioner Jamie Gorelick argues that the Commission should issue subpoenas for all requests it makes to the administration for documents or other information, saying that a subpoena is simply evidence of the Commission’s determination to get what it needs. She also worries that if the Commission waits to issue subpoenas, the time limit on its activities will mean that a late subpoena could not be enforced. However, she is only supported by the other three ordinary Democratic commissioners, with the top Democrat on the Commission, Vice Chairman Lee Hamilton, siding with the Republicans. Decision Already Taken - Author Philip Shenon will write: “But [Chairman Tom] Kean and Hamilton had already made up their mind on this issue, too. There would be no routine subpoenas, they decreed; subpoenas would be seen as too confrontational, perhaps choking off cooperation from the Bush administration from the very start of the investigation.” The four Democratic commissioners cannot issue a subpoena by themselves, as it requires the approval of either six of the 10 commissioners, or both Kean and Hamilton. This is not the only occasion on which Hamilton’s Republican leanings become apparent (see March 2003-July 2004). [SHENON, 2008, PP. 70-71] Staffer Critical - John Farmer, leader of the Commission’s team investigating events on the day of the attacks, will be critical of the decision and will urge Kean and Hamilton to change their minds. If subpoenas are issued at the start, the Commission will have time to enforce them in court and the agencies “would know that they couldn’t run out the clock,” whereas if subpoenas were issued later, after non-compliance with document requests, the agencies could use such tactics. [SHENON, 2008, PP. 201] Difficulties with Receiving Documents - As a result of this policy, the Commission will have trouble getting documents from the White House (see June 2003), Defense Department (see July 7, 2003), FAA (see November 6, 2003), and CIA (see October 2003), leading to delays in its investigation. Entity Tags: Lee Hamilton, John Farmer, 9/11 Commission, Jamie Gorelick, Thomas Kean Timeline Tags: Complete 911 Timeline

(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] Entity Tags: James Hamilton, Andrew Card, Daniel Marcus, Philip Shenon, Thomas Kean, Lee Hamilton, Carol Elder Bruce Timeline Tags: Complete 911 Timeline

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 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. Entity Tags: Khalid Shaikh Mohammed, Lee Hamilton, Thomas Kean Timeline Tags: Complete 911 Timeline, 9/11 Timeline

March 2003: Zelikow and 9/11 Commission Consultant Complete Outline of Final Report before Staff Start Writing It 9/11 Commission Executive Director Philip Zelikow and Ernest May, a long-time associate of Zelikow and consultant to the commission, complete an outline of the commission’s final report, although the commission has barely began its work and will not report for another 16 months. The outline is detailed and contains chapter headings, subheadings, and sub-subheadings. The outline anticipates a 16-chapter report (note: the final report only has 13) that starts with a history of al-Qaeda and Osama bin Laden’s 1998 fatwa against the US. There will then be chapters on US counterterrorism policy, threat reporting leading up to 9/11, and the attacks themselves will be in chapter seven (in the final report, the day of 9/11 chapter is moved to the start). "Blinding Effects of Hindsight" - Zelikow and May even have a chapter ten entitled “Problems of Foresight—And Hindsight,” with a sub-chapter on “the blinding effects of hindsight,” (actually chapter 11 in the final report, slightly renamed “Foresight—And Hindsight;” the “blinding effects” sub-heading does not appear in the final version, but the chapter starts with a meditation on the value of hindsight). Kept Secret - Zelikow shows the report to Commission Chairman Tom Kean and Vice-chairman Lee Hamilton and they like it, but think it could be seen as evidence that they have pre-determined the outcome. Therefore, they all decide it should be kept secret from the commission’s staff. According to May it is “treated as if it were the most classified document the commission possessed.” Zelikow comes up with his own internal classification system, labeling it “Commission Sensitive,” a phrase that appears on the top and bottom of each page. Staff Alarmed - When the staff find out about it and are given copies over a year later, they are alarmed. They realize that the sections of the report about the Bush administration’s failings will be in the middle of the report, and the reader will have to wade past chapters on al-Qaeda’s history to get to them. Author Philip Shenon will comment: “Many assumed the worst when they saw that Zelikow had proposed a portion of the report entitled ‘The Blinding Effects of Hindsight.’ What ‘blinding hindsight’? They assumed Zelikow was trying to dismiss the value of hindsight regarding the Bush administration’s pre-9/11 performance.” In addition, some staffers begin circulating a parody entitled “The Warren Commission Report—Preemptive Outline.” One of the parody’s chapter headings is “Single Bullet: We Haven’t Seen the Evidence Yet. But Really. We’re Sure.” [9/11 COMMISSION, 7/24/2004; SHENON, 2008, PP. 388-389] Entity Tags: Lee Hamilton, Ernest May, Thomas Kean, 9/11 Commission, Philip Zelikow Timeline Tags: Complete 911 Timeline, 9/11 Timeline

March 2003-July 2004: White House Has Better Relationship with 9/11 Commission’s Democratic Vice Chairman than Republican Chairman The White House comes to prefer dealing with the 9/11 Commission’s vice chairman, Democrat Lee Hamilton, rather than its Republican chairman Tom Kean. Author Philip Shenon will comment: “The White House found that its best support on the Commission came from an unexpected corner—from Lee Hamilton.… Hamilton, they could see, was as much a man of the Washington establishment as he was a Democratic partisan. Probably more so.” This is because Hamilton, a friend of Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld, “underst[ands] the prerogatives of the White House—in particular, the concept of executive privilege—in a way that Kean d[oes] not or w[ill] not.” White House chief of staff Andrew Card will comment: “I came to really respect Lee Hamilton. I think he listened better to our concerns better than Tom Kean.” The White House even comes to view Kean as disloyal, effectively operating as one of the Commission’s Democrats, while Hamilton is a de facto Republican (see Early July 2004). Kean will later say, “I think the White House believed Lee was more reliable than I was.” [SHENON, 2008, PP. 177] Hamilton previously helped Republicans cover up political scandals (see Mid-1980s and 1992-January 1993). He is friends with Vice President Dick Cheney and Defense Secretary Donald Rumsfeld and trusts them to tell the truth (see Before November 27, 2002). Entity Tags: Thomas Kean, Andrew Card, Lee Hamilton, 9/11 Commission, Philip Shenon Timeline Tags: Complete 911 Timeline, 9/11 Timeline

March 27, 2003: Security Clearance of 9/11 Commission Members Stalled 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] Entity Tags: 9/11 Commission, Slade Gorton, Lee Hamilton, 9/11 Congressional Inquiry Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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] Entity Tags: Philip Shenon, 9/11 Commission, Thomas Kean, Lee Hamilton Timeline Tags: Complete 911 Timeline, 9/11 Timeline

May 2003 and Before: 9/11 Commissioner Argues Panel Should Investigate False Claims of Iraq Link to 9/11, but Other Commissioners Not Interested At early meetings of the 9/11 commission, Commissioner Max Cleland tries to persuade the other commissioners that they should investigate the Bush administration’s reasons for invading Iraq. Cleland wants to know whether the president used 9/11 as an excuse to launch an attack he had been planning from the beginning of his presidency. Cleland also thinks that the administration’s obsession with Iraq was the reason it paid so little attention to the problem of terrorism in the spring and summer of 2001, and tells the other commissioners, “They were focused on Iraq, they were planning a war on Iraq, they were not paying attention to the business at hand.” However, the commission’s chairman and vice chairman, Tom Kean and Lee Hamilton, as well as Executive Director Philip Zelikow, are against this, as are some of the Republican commissioners, perhaps because of the popularity of the Iraq war at this point. Author Philip Shenon will say: “Even some of the Democrats [on the commission] were distancing themselves from him. Cleland knew he was quickly becoming a pariah.” Cleland will comment, “It was painfully obvious to me that there was this blanket over the commission, adding, “Anybody who spoke out or dissented, whether against George Bush, the White House, or the war against Iraq, was going to be marginalized.” [SHENON, 2008, PP. 129-130] Entity Tags: Philip Zelikow, 9/11 Commission, Max Cleland, Thomas Kean, Lee Hamilton Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline

Summer 2003-January 2004: 9/11 Commission Does Not Receive Videotapes of Detainee Interrogations

Kean (left) and Hamilton (right) of the 9/11 Commission. [Source: Doug Mills / New York Times] The 9/11 Commission does not receive video or audio recordings of interrogations of detainees thought to know something about the 9/11 plot (see Spring-Late 2002), even though it is unhappy with the amount and quality of information it is getting from detainees (see Summer 2003) and has a series of meetings with CIA officials to improve access (see November 5, 2003-January 2004). The CIA will indicate that the Commission never asks for the tapes, saying it “went to great lengths to meet the requests of the 9/11 Commission,” and that one of the reasons that the tapes are not destroyed until after the Commission releases its final report in 2004 is so that it could have the tapes, if it so desires. [NEW YORK TIMES, 12/8/2007] However, when the tapes’ destruction is revealed in late 2007 (see November 2005 and December 6, 2007), former 9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will dispute this, saying that in hours of negotiations and discussions with the CIA and written requests they make it clear they want all material connected to the interrogations of the relevant detainees. [INTERNATIONAL HERALD TRIBUNE, 12/8/2007] Kean will say, “They knew what they had and they didn’t give it to us.” [ABC NEWS, 12/7/2007] Hamilton will say, “The CIA certainly knew of our interest in getting all the information we could on the detainees, and they never indicated to us there were any videotapes… Did they obstruct our inquiry? The answer is clearly yes. Whether that amounts to a crime, others will have to judge.” [INTERNATIONAL HERALD TRIBUNE, 12/8/2007] Entity Tags: Thomas Kean, Central Intelligence Agency, Lee Hamilton, 9/11 Commission Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

June 2003: White House Counsel Gonzales Continues to Stonewall Commission over White House Access In a series of meetings with 9/11 Commission Chairman Tom Kean and Vice-Chairman Lee Hamilton, White House Counsel Alberto Gonzales continues to deny the commission access to White House documents and personnel (see Late January 2003). The commission wants access to classified White House documents, as well as interviews with President George W. Bush, Vice President Dick Cheney and National Security Adviser Condoleezza Rice. Claim of Executive Privilege - Gonzales says that the access the commission wants is protected by executive privilege, which means that if advice given to the president by his staff is to have any value, it must remain secret. He thinks that, as the commission was created by Congress, if he gives the commission the access it wants, this will set a precedent, meaning the White House will have to turn over other documents to Congress. Not a "Viable Position" - Kean thinks that this is not a “viable position” for Gonzales and that he must give them something. He asks himself if Gonzales understands the political damage he is doing to President Bush, and also if Bush knows what Gonzales is doing in his name. Kean is also aware that the commission could subpoena documents, but never makes this threat explicitly to Gonzales. Issuing subpoenas would lead to a constitutional argument that would do a lot of political damage to the White House. Kean believes that Gonzales will have to compromise in the end—9/11 was such a unique event that providing some access will not set a precedent. 9/11 Commissioner and former White House Counsel Fred Fielding is also extremely surprised by what Gonzales is doing. He knows it is only a matter of time before Gonzales retreats, and the longer it takes him to do so, the more damage he will do to Bush. [SHENON, 2008, PP. 122-126] Fielding will return as White House counsel in January 2007. In a scandal over the firing of US attorneys for allegedly political reasons, he will behave in much the same way as Gonzales does in this case. [WASHINGTON POST, 4/11/2007] Gonzales Refuses to Meet Commission Lawyer - Gonzales insists on meeting only Kean and Hamilton and, following an earlier frosty meeting with executive director Philip Zelikow (see Late January 2003), refuses to see anyone else from the commission, including its counsel Daniel Marcus. When Kean and Hamilton return from the meetings with Gonzales at the White House, Marcus has to debrief them and work out a counter-strategy to what Gonzales’ position seems to be. “It was very messy,” Marcus will recall. Marcus also knows Gonzales is getting Bush in trouble: “Gonzales didn’t have good political judgment and staked out positions that got the White House in trouble—these kinds of wooden separation of powers arguments.” Some Speculate Addington Behind Gonzales - Some commissioners and staff think that what Gonzales is doing is so damaging to President Bush that he may not even be expressing Bush’s views. According to this line of thinking, Gonzales is being directed by Vice President Dick Cheney and his counsel David Addington, both of whom are known to have extreme views on executive privilege (see June 26, 2007 and June 27, 2007). Kean will later say the commission “never knew” who was really behind the arguments. [SHENON, 2008, PP. 122-126] Entity Tags: David S. Addington, Daniel Marcus, Alberto R. Gonzales, Lee Hamilton, Fred Fielding, Thomas Kean Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Late Summer 2003: 9/11 Commission Requests Some Presidential Daily Briefs from CIA, Knows Credibility Is on the Line The 9/11 Commission files a request to see some Presidential Daily Brief (PDB) items it believes it may need for its investigation. Filed with CIA - The Commission had conducted preliminary discussions about the PDBs with White House Counsel Alberto Gonzales, but they have not borne fruit (see Late January 2003 and June 2003) and the Commission understands it may have to fight to get the documents. Therefore, it submits the request to the CIA, which writes and keeps the PDBs, as the Commission’s lawyers think it will be easier to enforce a subpoena against the CIA than the White House. Credibility - Commission Chairman Tom Kean and Vice Chairman Lee Hamilton are aware the Commission must get the PDBs, or at least be seen to try hard, to maintain its credibility. This is particularly because, according to author Philip Shenon, “the PDBs were becoming the ‘holy grail’ for the 9/11 families and for the press corps.” Hamilton will say if the Commission’s investigation ended without it seeing them, “that would be the only thing the press would be interested in.” Shenon will add, “It seemed as if no other evidence unearthed by the Commission mattered; if the Commission did not see the PDBs, it would be seen in history as having failed.” Scope of Request - The request is not for the full library of PDBs from the Clinton and Bush administrations. The Commission requests items from 1998 on that mention al-Qaeda, domestic terrorist threats, terrorist plots involving airlines used as weapons, and intelligence involving Afghanistan, Pakistan, Saudi Arabia, Sudan, Yemen, and Germany. White House Says No - Although the request was addressed to the CIA, Gonzales replies for the White House in September, saying the Commission cannot see the PDBs, or even brief extracts. [SHENON, 2008, PP. 214-215] Entity Tags: Central Intelligence Agency, Alberto R. Gonzales, Philip Shenon, 9/11 Commission, Thomas Kean, Lee Hamilton Timeline Tags: Complete 911 Timeline, 9/11 Timeline

September 4-15, 2003: Karl Rove Again Calls 9/11 Commission Executive Director Zelikow White House adviser Karl Rove makes two telephone calls to 9/11 Commission Executive Director Philip Zelikow, one on September 4, the other on September 15. The subject of the calls, which are unofficially logged by Karen Heitkotter, an executive secretary with the Commission, is unclear. Zelikow and Rove had a previous exchange of calls in June (see June 23-24, 2003). [SHENON, 2008, PP. 107, 171-174] According to Zelikow, it concerns “this matter of his elderly friend who had these papers. It had no relation to contemporary problems; he [Rove] was being gracious to someone.” [ZELIKOW AND SHENON, 2007 ] This will be confirmed by a White House official, who will say that Rove calls Zelikow on behalf of an elderly neighbor who had been a senior lawyer at the State Department at the end of World War II. The neighbor wonders whether the Miller Center, a historical research institute Zelikow used to work for, would like to see his papers and talk to him. However, a “senior White House official familiar with Rove’s memory of the contacts with Zelikow” will say this is not the only topic discussed and that there are also “ancillary conversations” about the workings of the Commission. Interviewed around mid-September 2003, 9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton say that they are not aware of the calls and seem surprised by them, but accept Zelikow’s innocent explanation. [SHENON, 2008, PP. 173-174] Entity Tags: Karl Rove, Karen Heitkotter, Philip Zelikow, Lee Hamilton, Thomas Kean, 9/11 Commission Timeline Tags: Complete 911 Timeline, 9/11 Timeline

September 23, 2003: 9/11 Commission Plays down Extent of Minders’ Effect on Witnesses Asked about the intimidation of 9/11 Commission witnesses by government “minders,” the Commission’s chairman, Tom Kean, downplays the effect minders are having. Although he had previously complained about intimidation (see July 7, 2003), now he says: “Talking to staff, what they have told me is that as they’ve done these interviews, that the interviewees are encouragingly frank; that they by and large have not seemed to be intimidated in any way in their answers.… I’m glad to hear that it’s—from the staff that they don’t feel it’s inhibiting the process of the interviews.” The Commission’s Vice Chairman Lee Hamilton comments, “it is our feeling that thus far, the minders have not been an impediment, in almost all cases.” He adds that there were “one or two instances where the question has arisen,” but “neither are we aware at this point that the presence of a minder has substantially impeded our inquiry. And nor have we run into a situation where we think a witness has refrained from speaking their minds.” [9/11 COMMISSION, 9/23/2003 ] Kean’s comments about the staff’s feelings are untrue. Nine days later, one of the Commission’s team leaders and two other staffers will send an internal memo entitled “Executive Branch Minders’ Intimidation of Witnesses” (see October 2, 2003). Entity Tags: 9/11 Commission, Lee Hamilton, Thomas Kean Timeline Tags: Complete 911 Timeline

October 2003: CIA Only Provides 9/11 Commission with ‘Non-Specific’ Information about Detainee Interrogations, Fails to Mention Videotapes After becoming unhappy with the quality of information it is receiving from the CIA about detainee interrogations (see Summer 2003), the 9/11 Commission not only gives the CIA more questions for detainees, but also asks it how the interrogations are carried out. The Commission thinks the second set of questions is the most important, but the CIA only responds to them in a vague manner. They concern the translation process in the interrogations, the interrogators’ background, the way the interrogators handle inconsistencies in the detainees’ stories, the particular questions that were asked to elicit reported information, the way interrogators followed up on certain lines of questioning, the context of the interrogations so the Commission can assess the credibility and demeanor of the detainees when they made the reported statements, and the interrogators’ views or assessments. According to a later account by Commission chairman Tom Kean and vice-chairman Lee Hamilton, CIA general counsel Scott Muller writes back with “non-specific replies.” Muller also fails to inform the Commission that the CIA has videotapes of some of the interrogations (see Summer 2003-January 2004). Because the Commission is “not satisfied” with Muller’s response, it pushes for direct access to detainees, but this attempt fails (see November 5, 2003-January 2004 and After January 2004). [NEW YORK TIMES, 1/2/2008] Entity Tags: Lee Hamilton, 9/11 Commission, Central Intelligence Agency, Scott Muller, Thomas Kean Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

October 3, 2003: Some Victims’ Relatives Demand Executive Director Zelikow Leave 9/11 Commission or Limit Scope of Involvement The 9/11 Family Steering Committee, an organization formed to represent some of the interests of the relatives of victims of the 9/11 attacks, writes a letter to 9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton about Philip Zelikow, the Commission’s executive director. The committee has lost its trust in Zelikow, because it has gradually found out more and more about him and his links to National Security Adviser Condoleezza Rice, as well as others the Commission is supposed to be investigating (see 1995, September 20, 2002, and September 16, 2003 or Shortly After). In addition, members of the committee have an extremely poor personal relationship with Zelikow, who they feel is dismissive of them and their concerns. The letter says that Kean and Hamilton should either force Zelikow to resign, or recuse himself from all the parts of the investigation linked to the National Security Council. Kean and Hamilton write back to the committee, saying they are aware of Zelikow’s ties to the administration, although it is unclear if they are aware of all of them at this point (see Shortly Before January 27, 2003). [SHENON, 2008, PP. 166-168] However, the Commission will later interview Zelikow about his role in counterterrorism before 9/11 (see October 8, 2003) and he will be recused from dealing with the Bush administration transition (see October 9, 2003 or Shortly After), on which he worked (see January 3, 2001). Entity Tags: 9/11 Commission, 9/11 Family Steering Committee, Lee Hamilton, Thomas Kean, Philip Zelikow Timeline Tags: Complete 911 Timeline, 9/11 Timeline

October 9, 2003 or Shortly After: 9/11 Commission Executive Director Zelikow Recused from Some Aspects of Investigation due to White House Links 9/11 Commission Executive Director Philip Zelikow is recused from some parts of the Commission’s investigation, specifically its examination of the Bush transition, on which he worked (see January 3, 2001), and interviews of senior Bush aides, including his associate, National Security Adviser Condoleezza Rice (see September 2003). This follows a complaint by victims’ relatives about Zelikow’s conflicts of interest (see October 3, 2003) and his interview by one of his own subordinates under oath (see October 8, 2003). Only Recused from Some Aspects - The subordinate, the Commission’s counsel Daniel Marcus, recommended that, due to the conflicts, Zelikow should be recused from the Commission’s work on the transition and anything to do with the National Security Council (NSC). This is what the families wanted and, in the words of author Philip Shenon, “would have effectively ended Zelikow’s involvement in the parts of the investigation that were most important to him.” Zelikow will later say this recusal proposal “would have had the prompt and foreseeable effect of forcing my resignation.” However, Commission Chairman Tom Kean and Vice Chairman Lee Hamilton water the proposal down, allowing Zelikow to continue to work on most aspects of the NSC investigation. Decision to Keep Zelikow Already Taken - According to Shenon, the decision to stick with Zelikow had been taken before Marcus interviewed him: “Kean and Hamilton made it clear to Marcus that they wanted to keep Zelikow on, regardless of what Marcus found. It was too late to find a new executive director. Besides, Zelikow had made himself indispensible, if only because he had so tightly controlled the flow of the information within the Commission that only he really knew all that was going on among the teams of investigators.” Marcus will say: “I think [Kean and Hamilton] basically made the decision that they were going to stick with this guy, that it was too late in the game to make a change.… [I]t was pretty clear that my instructions were to do what we needed to do on the recusal front and to make it work.” Lack of Appreciation of Zelikow's Importance - One reason behind the decision to keep Zelikow may be that Kean and, in particular, Hamilton do not fully appreciate how important Zelikow’s role is in shaping the Commission’s final output. Marcus will comment, “Lee had this view, which was somewhat unrealistic, that the staff was not important.” Shenon will add, “In Hamilton’s view, Marcus thought, Zelikow might be the most important person on the staff, but he was still a ‘staffer’ and was not capable of ‘sneaking something’ by the commissioners.” [SHENON, 2008, PP. 168-171] Entity Tags: Lee Hamilton, Daniel Marcus, Philip Zelikow, 9/11 Commission, Thomas Kean, Philip Shenon Timeline Tags: Complete 911 Timeline, 9/11 Timeline

October 14, 2003: 9/11 Commission Issues First Subpoena, to FAA The 9/11 Commission issues it first subpoena, to the Federal Aviation Administration (FAA). The Commission had initially decided not to issue subpoenas (see January 27, 2003), but found that the FAA had withheld documentation from it (see August 2003 and September 2003), prompting it to take this step. Request from Team Leader - The subpoena’s issue is the result of a request from John Farmer, leader of the Commission’s team investigating the day of the attacks. After receiving permission from the Commission’s chairman and lawyer, Tom Kean and Daniel Marcus, to address the full Commission, Farmer tells them: “My team and I have lost confidence in the FAA. We do not believe we have time to take any more chances on the possibility that they will act on good faith.” This leaves them with “no choice other than a subpoena.” Debate inside Commission - Some of the Democratic commissioners, such as Jamie Gorelick, then claim that this is a reason to subpoena all documents the Commission wants. However Kean and Vice Chairman Lee Hamilton are against this. Republican Slade Gorton proposes a compromise where the Commission subpoenas the FAA, but only issues a warning to other agencies that are not producing the documents the Commission wants. [SHENON, 2008, PP. 202-203] The Commission approves the subpoena unanimously. The Commission comments publicly, saying, “This disturbing development at one agency has led the Commission to reexamine its general policy of relying on document requests rather than subpoenas.” [ASSOCIATED PRESS, 10/15/2003] It also warns other agencies that “document requests must be taken as seriously as a subpoena.” [SHENON, 2008, PP. 203] Entity Tags: Federal Aviation Administration, Daniel Marcus, 9/11 Commission, Thomas Kean, Lee Hamilton, John Farmer, Slade Gorton, Jamie Gorelick Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Late October 2003: 9/11 Commission’s Tour of NEADS Facility Suspended over Discrepancies Several months into its investigation, the 9/11 Commission is already dissatisfied with the Department of Defense (see July 7, 2003). Recorded Conversations Not Provided to Commission - When its staff take a tour of a Northeast Air Defense Sector (NEADS) facility in Rome, New York, which helped coordinate the air defense on the day of 9/11, the staff enter the operations room, which has “more than 20 banks of operators: some weapons controllers and some flight controllers.” The staff find that the operators’ conversations are always tape-recorded, but the tapes for 9/11 have not yet been sent to the Commission. In addition, according to Commission Chairman Tom Kean and Vice Chairman Lee Hamilton, “there were also discrepancies between things NORAD was telling [the Commission] about their performance on the morning of September 11—things that the agency had stated publicly after 9/11—and the story told by the limited tapes and documents the Commission had received.” 'Egregious' Failure - Upon learning of the existence of the tapes, team leader John Farmer immediately suspends the tour and the interviews and flies to meet Kean in New Jersey. [KEAN AND HAMILTON, 2006, PP. 85-88] Farmer will say that the failure to produce the tapes was “egregious,” as, “Those tapes told the story of the air defense better than anything else that anyone could have given us.” Subpoena Demanded - Farmer demands that a subpoena be issued to the Pentagon for the tapes. He tells Kean: “Listen, we have to subpoena this stuff. We may not get it, but if we don’t try to get it, how can you explain to the public that we have done our job?” Farmer is aware that it will be difficult to get a subpoena on the Pentagon—“When you’re talking about subpoenaing the DOD, the room goes quiet”—but he decides privately: “I would have quit if we didn’t. I felt we were becoming a laughingstock.” [SHENON, 2008, PP. 204] Lost Time - Despite opposition from its Vice Chairman Lee Hamilton (see (Late October-Early November 2003)) and, allegedly, its Executive Director Philip Zelikow (see November 5, 2003), the Commission will subpoena NORAD for the tapes (see November 6, 2003). However, according to Kean and Hamilton, this means that “the staff had lost so much time that our hearing on the 9/11 story in the skies was postponed for months. Indeed, the delays from NORAD and the FAA made it highly unlikely that the team could complete its work as scheduled.” [KEAN AND HAMILTON, 2006, PP. 85-88] Chapter 1 of the Commission’s final report will draw heavily on the tapes. [9/11 COMMISSION, 7/24/2004, PP. 1-46] Contrast with Other Aspects of Investigation - However, the Commission does not make the same effort with all day of 9/11 recordings. For example, it does not even find out which person(s) from the Department of Defense participated in a White House video conference chaired by counterterrorism “tsar” Richard Clarke during the attacks (see (9:10 a.m.) September 11, 2001). [9/11 COMMISSION, 7/24/2004, PP. 36] Entity Tags: Northeast Air Defense Sector, Lee Hamilton, 9/11 Commission, John Farmer, Thomas Kean Timeline Tags: Complete 911 Timeline, 9/11 Timeline

November 5, 2003: Democratic 9/11 Commissioner Hamilton Makes Last-Ditch Bid to Avert Pentagon Subpoena Lee Hamilton, vice chairman of the 9/11 Commission, makes an 11th-hour visit to the Pentagon in an attempt to avert a subpoena some on the Commission want to file on the Defense Department over documents NORAD is withholding from the Commission (see Late October 2003). Meeting with Defense Officials - At the Pentagon, Hamilton meets Defense Secretary Donald Rumsfeld, his deputy Paul Wolfowitz, and Undersecretary for Intelligence Stephen Cambone. Hamilton takes with him Slade Gorton, a Republican member of the Commission who is inclined towards issuing the subpoena. Arranged by Zelikow? - It is unclear who initiated and arranged the meeting; some staffers who want the subpoena issued will accuse Philip Zelikow, the Commission’s executive director, of setting it up as a part of a wider effort to thwart the subpoena (see (Late October-Early November 2003)). However, Zelikow will later say he does not recall having anything to do with the meeting. Rumsfeld Promises to Settle Issue - At the meeting, Rumsfeld is, according to author Philip Shenon, “charming and agreeable” and insists he is unaware of the problems between the Commission and NORAD. He vows to resolve the issues and promises that any evidence that has been withheld until now will be turned over immediately. Therefore, he says, there is no need for a subpoena. Differences between Hamilton and Gorton - Hamilton, who was initially rejected for the vice chairmanship of the Commission because of his links to Rumsfeld and other Republicans (see Before November 27, 2002) and who sometimes takes the current administration’s side in internal Commission debates (see March 2003-July 2004 and Early July 2004), thinks this is the end of the matter. “I’ve known Don Rumsfeld for 20, 30 years,” he tells the other commissioners. “When he said, ‘I’m going to get that information for you,’ I took him at his word.” Gorton’s attitude is different. “I was outraged with NORAD and the way they had operated.” Thinking false statements NORAD officials provided to the Commission may have been made knowingly, he will add, “Even if it wasn’t intentional, it was just so grossly negligent and incompetent.” [SHENON, 2008, PP. 207] The Commission will vote to issue the subpoena the next day, with Hamilton against and Gorton for (see November 6, 2003). Entity Tags: Lee Hamilton, Donald Rumsfeld, US Department of Defense, Stephen A. Cambone, Slade Gorton, Philip Zelikow, 9/11 Commission, Paul Wolfowitz Timeline Tags: Complete 911 Timeline, 9/11 Timeline

November 5, 2003-January 2004: 9/11 Commission’s Attempt to Get Access to Detainees Fails
After the 9/11 Commission becomes unhappy with the information it is getting from detainees in US custody who may know something about the 9/11 plot (see Summer 2003), it asks CIA Director George Tenet to let it either talk to the detainees itself, or at least view interrogations through a one-way mirror. [KEAN AND HAMILTON, 2006, PP. 119-126] Reasoning - Dieter Snell, the head of the Commission’s plot team and a former prosecutor, is extremely keen that the detainees, such as Khalid Shaikh Mohammed and Ramzi bin al-Shibh, be interviewed. According to author Philip Shenon, he is aware that “testimony from key witnesses like the al-Qaeda detainees would have value only if they were questioned in person, with investigators given the chance to test their credibility with follow-up questions. The face-to-face interrogations would be especially important in situations in which the al-Qaeda members were giving conflicting testimony.” [SHENON, 2008, PP. 182] Request Denied - However, Tenet denies the request because he does not want the Commission to know where the detainees are, and he claims questioning by a Commission staffer could apparently damage the “relationship” between interrogator and detainee and “upset the flow of questioning.” In addition, Tenet is worried that if the Commission has access to the detainees, Zacarias Moussaoui might also be able to compel them to testify in court, so he rejects compromise proposals. Pushback - The Commission decides “to push the issue” and drafts a letter outlining why they should have direct access. Although the draft is seen by Tenet and Defense Secretary Donald Rumsfeld, it is never officially sent. At a White House meeting attended by Rumsfeld and commissioners Lee Hamilton and Fred Fielding, Tenet and Attorney General Alberto Gonzales repeat the arguments Tenet made previously, but Tenet says the Commission can submit written questions, and a CIA “project manager” will try to get them answered. After the administration “plead[s]” with the Commission not to use public pressure to get access to detainees, the Commission decides to drop the matter. Relatives and Media Blamed - Hamilton and Commission Chairman Thomas Kean will later partially blame the victims’ relatives and media for this failure: “Interestingly, there was no pressure from some of the usual sources for us to push for access. For instance, the 9/11 families never pressed us to seek access to detainees, and the media was never engaged on this issue.” Kean and Hamilton will later say that the “project manager” arrangement works “to a degree.” Report Includes Disclaimer - However, a disclaimer will be inserted into the 9/11 Commission Report in the first of two chapters that draw heavily on detainees’ alleged statements (see After January 2004). It will say that the Commission could not fully judge the credibility of detainee information, so, according to Kean and Hamilton, “it [is] left to the reader to consider the credibility of the source—we had no opportunity to do so.” [KEAN AND HAMILTON, 2006, PP. 119-126] Criticism from Staffer - Commission staffer Ernest May will later criticize the Commission’s “reluctance ever to challenge the CIA’s walling off al-Qaeda detainees.” May will also say: “We never had full confidence in the interrogation reports as historical sources. Often we found more reliable the testimony that had been given in open court by those prosecuted for the East African embassy bombings and other crimes.” [NEW REPUBLIC, 5/23/2005] CIA videotapes and transcripts of interrogations are not provided to the Commission (see Summer 2003-January 2004). Entity Tags: George J. Tenet, Thomas Kean, Fred Fielding, Lee Hamilton, US Department of Defense, Ernest May, Dietrich Snell, 9/11 Commission, Alberto R. Gonzales, Central Intelligence Agency, Donald Rumsfeld Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

November 6, 2003: Despite White House Obstruction, 9/11 Commission Votes Not to Subpoena Presidential Daily Briefs The 9/11 Commission votes 6-4 not to subpoena Presidential Daily Briefs (PDBs). Four of the five Democratic commissioners vote in favor. The five Republicans vote against, as does Democratic Vice Chairman Lee Hamilton, who sometimes sides with the Republicans (see March 2003-July 2004 and January 27, 2003). The vote came up because the White House has been stonewalling the Commission on access to the PDBs for nearly a year (see Late January 2003, June 2003, Late Summer 2003, October 16, 2003, and Shortly Before October 26, 2003). The White House has just offered the Commission a deal in which Commission Chairman Thomas Kean and Hamilton, as well as two staff members, could read a group of 20 significant PDBs, and one of these four could then read all the other PDBs. If he found anything significant, he could insist the other three read it as well. The Commission rejects this, but only obtains a slightly better deal in the end (see November 7, 2003). [SHENON, 2008, PP. 217-219] Entity Tags: White House, Lee Hamilton, 9/11 Commission Timeline Tags: Complete 911 Timeline, 9/11 Timeline

November 6, 2003: 9/11 Commission Issues Subpoena to Pentagon The 9/11 Commission votes to issue a subpoena on the Defense Department for documents withheld from it regarding the fighter response on the day of the attacks. The vote follows a demand from the Commission’s team investigating the air defense that it be issued, as the military has been withholding documents and making false statements (see Late October 2003), as well as the failure of last-ditch attempts to stop the subpoena’s issue (see (Late October-Early November 2003) and November 5, 2003). Chairman Kean Has Decisive Vote - The four ordinary Democratic commissioners vote for the subpoena’s issue, but Democratic Vice Chairman Lee Hamilton votes against, together with three ordinary Republican commissioners. The fourth Republican commissioner, Slade Gorton, votes for the subpoena. This means that Tom Kean, the Commission’s Republican chairman, has the deciding vote, and he votes for the subpoena. He dislikes voting against Hamilton, but thinks NORAD is trying to hide something. [SHENON, 2008, PP. 207-208] 'Especially Dismayed' - In a statement issued after the vote, the Commission says it is “especially dismayed” by incomplete document production on the part of NORAD. The Commission explains, “In several cases we were assured that all requested records had been produced, but we then discovered, through investigation, that these assurances were mistaken.” [ASSOCIATED PRESS, 11/7/2003] Documents Expose Apparent False Statements by NORAD - When the documents arrive, according to author Philip Shenon, they show that “NORAD’s public statements about its actions on 9/11 had been wrong, almost certainly intentionally.” Based on interviews of 9/11 Commission staffers, Shenon will add: “This was not the fog of war. This was the military trying to come up with a story that made its performance during 9/11 look reasonably competent, when in fact the military had effectively left the nation’s skies undefended that morning.” In particular, tape recordings of communications at NORAD’s Northeast Air Defense Sector (NEADS) indicate that the military did not know of the hijacking of Flight 93 until it had crashed. 9/11 Commission team leader John Farmer will even say that it is “99 percent” certain that Pentagon officers knew they were lying when they made statements to the Commission, sometimes under oath. [SHENON, 2008, PP. 208] Entity Tags: Slade Gorton, Thomas Kean, US Department of Defense, Philip Shenon, Lee Hamilton, 9/11 Commission, John Farmer, North American Aerospace Defense Command Timeline Tags: Complete 911 Timeline, 9/11 Timeline

November 7, 2003: 9/11 Commission, White House Strike Deal on Access to Presidential Daily Briefs: Only One Commissioner and One Staffer Will See All of Them The 9/11 Commission and the White House come to a deal on the Commission’s access to Presidential Daily Briefs (PDBs) relevant to its work. The Commission and White House had been in dispute about the issue for nearly a year (see Late January 2003, June 2003, Late Summer 2003, October 16, 2003, Shortly Before October 26, 2003, and November 6, 2003). Arrangement - The deal gives Commission Chairman Thomas Kean and Vice Chairman Lee Hamilton, plus two others on the Commission to be designated, access to a group of 20 “core” PDBs clearly relevant to the Commission’s work. In addition, two of these four can read all possibly relevant PDBs and insist on the other two being allowed to see anything they think is important. The deal is struck by Kean and Hamilton for the Commission, White House counsel Alberto Gonzales, and White House chief of staff Andy Card. The Commission designates commissioner Jamie Gorelick and its executive director, Philip Zelikow, as the two who will help Kean and Hamilton and also review all the other PDBs. The other seven commissioners and the rest of the staff cannot see the PDBs. Criticism - Two of the commissioners, Democrats Tim Roemer and Max Cleland, are extremely angry with the deal and complain the Commission cannot function properly without all the commissioners seeing all the relevant documents. The victims’ relatives are also extremely unhappy, and the Family Steering Committee releases a statement saying, “A limited number of commissioners will have restricted access to a limited number of PDB documents,” adding, “The Commission has seriously compromised its ability to conduct an independent, full, and unfettered investigation.” They are also unhappy that Zelikow is one of the two handling the main review, because they are concerned about his ties to National Security Adviser Condoleezza Rice, among other issues (see March 21, 2004). One of the victim’s relatives, Kristen Breitweiser, says, “How much more of Zelikow do we have to take?” The Commission’s counsel, Daniel Marcus will agree with the families, saying, “If we were going to have a staff person do this, Philip was not the right person.” [SHENON, 2008, PP. 218-219] Entity Tags: Andrew Card, White House, 9/11 Commission, Alberto R. Gonzales, Thomas Kean, Tim Roemer, Max Cleland, Daniel Marcus, Jamie Gorelick, Philip Zelikow, Lee Hamilton, Kristen Breitweiser, 9/11 Family Steering Committee Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Early December 2003: 9/11 Commission Chair Kean Shocked to Discover Lack of Information in Presidential Daily Briefings Thomas Kean, the chairman of the 9/11 commission, finally gains access to Bill Clinton’s and George W. Bush’s Presidential Daily Briefings (PDBs). Co-chairman Lee Hamilton calls the PDBs the “holy of holies.” They are documents that the Bush administration has worked relentlessly to keep out of the commission’s hands. Kean assumes that the documents are chock full of critical information. “I thought this would be the definitive secrets about al-Qaeda, about terrorist networks, and all the other things that the president should act on,” Kean will later recall. “I was going to find out the most important things that a president had learned.” Kean believes the PDBs should contain “incredibly secretive, precise, and accurate information about anything under the sun.” When he begins reading through the PDBs, he finds that the documents are not what he expected. He finds that they contain almost nothing of use. The realization terrifies him—these digests of the most important, sensitive secrets garnered by the US intelligence community, at a cost of tens of billions of dollars per year, used by the president to base his actions and decisions upon, are, in Kean’s words, “garbage.” He continues, “There really was nothing there—nothing, nothing.” Had his students at Drew University turned in terms papers this poorly researched, he says, “I would have given them an F.” There are a few snippets of solid information among the dross, tidbits about al-Qaeda and other terrorist groups. Occasionally, something intriguing catches Kean’s attention, for instance a report of a sighting of Osama bin Laden or a tip from a foreign intelligence service about possible future actions by a terrorist group. But most of the PDB contents could have been gleaned from reading the newspaper. Author Philip Shenon will write: “Perhaps the reason why the White House had fought so hard to block the commission’s access to the PDBs was that they revealed how ignorant the government was of the threats it faced before 9/11. Kean could understand their fear. Imagine the consequences if al-Qaeda and its terrorist allies knew how little the United States really knew about them.” [SHENON, 2008, PP. 220-221] 9/11 Commissioner Jamie Gorelick also sees the same PDBs around the same time, and while she also is surprised by the lack of detail, she is more surprised at how alarming the warnings about an al-Qaeda attack are (see Early December 2003). Entity Tags: William Jefferson (“Bill”) Clinton, Philip Shenon, Lee Hamilton, 9/11 Commission, Al-Qaeda, Bush administration, George W. Bush, Thomas Kean Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mid-December 2003-Mid-January 2004: Political Considerations Determine Length of Extension Requested by 9/11 Commission The 9/11 Commission realizes that it will not meet its reporting deadline of May 2004 and decides it will have to ask for an extension. Any extension would have to be approved by Congressional leaders and the White House. In order to determine how much extra time the commission will need, Chairman Tom Kean and Vice Chairman Lee Hamilton poll the other commissioners and staff members to gauge their opinions. Commissioners Slade Gorton and Tim Roemer suggest six months, but this would push the reporting date back after the presidential election in November. Kean and Hamilton are aware that this will probably not be permitted by Republicans, as they will be worried that parts of the report critical of Bush will be leaked to the press. In addition, Kean wants the report out during the presidential campaign, in the hopes that the two candidates will have a “bidding war” over who will implement more of the commission’s recommendations. In the end, the commission decides to ask for a two-month extension, meaning the report will be issued in July. [SHENON, 2008, PP. 226-227] The extension is initially opposed by the White House (see January 19, 2004), but the administration changes its mind (see February 5, 2004), and the extension is finally granted (see March 2, 2004). Entity Tags: Slade Gorton, Lee Hamilton, Thomas Kean, Tim Roemer, 9/11 Commission Timeline Tags: Complete 911 Timeline, 2004 Presidential Election