September 11

9/11 Commission mission failure; withheld key documents are owed to the American people

By January 14, 2009, only 35% of the 9/11 Commission’s staff documents had been processed by the National Archives. They are Congressional records not subject to the Freedom of Information Act. There are nearly 2,000 memorandums for record (MFRs) of the summaries and transcripts of interviews conducted by 9/11 Commissioners and staff, as well as the briefings they received.

117 MFRs are still pending declassification review. Key interviews among them illustrate the 9/11 Commissioners’ lip service last week to transparency. They briefly called for declassification on page 39 of their 49-page “update” to their original 2004 recommendations:

“The job of fully informing the American people is incomplete, however. The commission’s records, including summaries of our interviews and important intelligence and policy documents, are held by the National Archives. Some of those documents and records remain classified and are thus unavailable to the public. Authority to declassify those documents rests with the agencies that created them.”

On July 21, 2004, 9/11 Commissioners met to decide when to release this body of work. Richard Ben-Veniste asked: “Is the theory here the great cover-up of partisan differences?” The notes of the meeting do not show he received an answer. Regardless, the vote was 6 to 3 to kick the responsibility 4 1/2 years down the road. [1]

What motivated Samuel “Sandy” Berger in 2004 to steal classified documents from the National Archives while he acted as former President Bill Clinton’s designated representative to the 9/11 Commission? The answer may be within the 9/11 Commission interviews of Richard Clarke, George Tenet, and Sandy Berger held by the National Security Counsel. [See correction at Note 4].

Surely the Commission asked former CIA Director Tenet what efforts were made to alert the NSC and President Clinton on the movement of al Qaeda operatives immediately preceding and following the Millennium terrorist attacks plots.

On January 15, 2000, two known al Qaeda operatives, future 9/11 hijackers Nawaf al-Hazmi and Khalid al-Mihdhar, arrived in Los Angeles. During December 1999, the CIA had tracked their movements in Southeast Asia, observed their meeting with Walid bin Attash (now at Guantanamo awaiting military commission trial alongside Khalid Sheikh Mohammed), and covertly photocopied the open-ended U.S. visas within their passports. Beginning in March 2000 and before September 11, 2001, more than 50 people at the CIA knew they had entered the United States.

The 9/11 Commission staff also prepared a 78-page monograph of NSC counterterrorism efforts from 1998 to 9/11. Yet the 9/11 Commissioners have never publicly spoken of its existence which is not classified. I filed for declassification review of it in 2009.

In addition, there is the still classified (by the FBI) 9/11 Commission interview of former FBI Director Louis Freeh. Subsequent to my April 2009 request, a previously unheard of staff monograph was declassified in June 2009. [2] It was prepared by staffer (and former DOJ IG) Barbara Grewe on the intelligence sharing “Wall.” It concluded: “Simply put, there was no legal reason why the information could not have been shared.” Indeed. A MFR declassified and released on January 15, 2009 of 9/11 Commission staff interviews of former Deputy Attorney General Jamie Gorelick states in part:

“Gorelick said she did not know anything about how the wall was structured within the FBI. She did not believe that the FBI was required to erect a wall between intelligence and criminal agents, particularly those on the same squad and working related intelligence and criminal cases. She said she was surprised that the FBI interpreted the provisions that way.”

Strangely, the 9/11 Commissioners reminded no one that Executive Director Philip Zelikow and Commissioner Jamie Gorelick had authored a 7,000-word summary [3] of presidential daily briefs (PDBs). It is in former President George W. Bush’s records. It has been subject to declassification review by the NSC since January 20, 2014 as federal statute mandates a 5-year delay after a President leaves office. And there is the still classified MFR summarizing the President Bush-Vice President Cheney interview conducted by all 10 Commissioners.

Massive finger pointing as the WTC Pile, Pentagon, and a field outside of Shanksville still smoldered would have distracted key government personnel then scrambling to rally our Nation’s defense, and it would not well serve us now. Yet the American people must know the rest of the story. 2,978 names and the face of a 9/11 firefighter on a funeral mass card that I’ve long carried in my wallet haunt me; we owe it to them and future generations.

The 9/11 Commissioners can finally raise their voices and fulfill their charter to provide a “complete account of the circumstances surrounding the September 11, 2001 terrorist attacks, including preparedness.” I pray they do.

Note 1: Also present were “PZ” Philip Zelikow and “GC” General Counsel Daniel Marcus.

Note 2:
Legal Barriers to Information Sharing: The Erection of a Wall Between Intelligence and Law Enforcement Investigations
Commission on Terrorist Attacks Upon the United States
Staff Monograph
Barbara A. Grewe
Senior Counsel for Special Projects
August 20, 2004

Note 3: Zelikow confirmed its existence in a 2011 Reuters report.

Note 4: Tenet’s interview remains pending declassification review by the CIA while Clarke’s and Berger’s interviews are being held back by the NSC.

Obama living in a Muslim country did not make us safer

It was fantasy, one sold as fact to the American people on November 21, 2007 by then Presidential candidate Barack Obama during an interview:

Living in Malaysia for a few years when he was young could not possibly have equipped Obama with all he needed to know about Islam to make America safer 30 years later.

The world changes.

It changed dramatically on September 11, 2001 when Islamic terrorists executed a terrorist plot — born during the Clinton administration — by slamming commercial airliners into the World Trade Center, Pentagon, and Pennsylvania field.

Osama bin Laden was a very rich man. Khalid Sheikh Mohammed was well educated. The 19 hijackers all came from middle to upper middle class families. What drove them to mass murder was their ideology and hatred of all non-Muslims.

Barack Obama did not learn that lesson. On September 19, 2001, he wrote this in the Hyde Park Herald about the 9/11 attacks:

Such a failure of empathy, such numbness to the pain of a child or the desperation of a parent, is not innate; nor, history tells us, is it unique to a particular culture, religion, or ethnicity. It may find expression in a particular brand of violence, and may be channeled by particular demagogues or fanatics. Most often, though, it grows out of a climate of poverty and ignorance, helplessness and despair.

Three year later, in the 2004 preface to his autobiography, Dreams From My Father, Obama added this:

I know, I have seen, the desperation and disorder of the powerless: how it twists the lives of children on the streets of Jakarta or Nairobi in much the same way as it does the lives of children on Chicago’s South Side, how narrow the path is for them between humiliation and untrammeled fury, how easily they slip into violence and despair. I know that the response of the powerful to this disorder-alternating as it does between a dull complacency and, when the disorder spills out of its proscribed confines, a steady, unthinking application of force, of longer prison sentences and more sophisticated military hardware-is inadequate to the task. I know that the hardening of lines, the embrace of fundamentalism and tribe, dooms us all.

President Obama now blames the September 11, 2012 attacks upon our embassies in Libya and Egypt on an obscure video made by a petty criminal in California.

We are not safer.

9/11 Families to Govs. Cuomo and Christie: the Port Authority’s conduct is a betrayal of those who died on 9/11

Click on the image.

The Honorable Chris Christie
Governor of New Jersey

The Honorable Andrew Cuomo
Governor of New York

June 27, 2012

Dear Governor Christie and Governor Cuomo:

Over the past several months, we have watched with growing concern as the National September 11 Memorial Museum has become the focus of a public dispute over funding. We are deeply disappointed that the Port Authority of New York and New Jersey, the government agency over which you are jointly charged with oversight and control, has brought this important historic project to a standstill. As 9/11 family members who have been personally involved in the development of the Memorial and Museum, we refuse to stand by while the individuals you appointed — and whose actions you have the power to veto — allow this vital project to founder.

It is bitterly ironic and cynical in the extreme for the governors of New York and New Jersey — states which lost the most people on 9/11 — to express concern for the “long-term stability” of the 9/11 Memorial Foundation even as your appointees at the Port Authority seek to raid the foundation’s charitable coffers, essentially nullifying by several times over the amount of federal assistance for which you recently voiced your support.

The Memorial and Museum Foundation has raised more than $435 million in private donations from 900,000 mostly small donors. To date, the Foundation has achieved every fund raising goal, has met every contractual obligation, and has diligently worked in good faith to fulfill its dual obligations to the memory of our loved ones and to the public trust.

We believe that the Port Authority is now engaged in a dishonest and dishonorable effort to exploit the Foundation’s successful and disciplined efforts in order to offset its own reckless and irresponsible fiscal mismanagement. In short, the PA is seeking to use the public’s heart-felt support of the 9/11 memorial and museum as an easy source of revenue to help pay for its own oversized, under-budgeted, poorly-managed capital projects (see the $3.5 billion PATH station lobby, serving a mere 50,000 commuters, originally estimated to cost $1.8 billion; see also, the PA’s $25 billion capital plans — scaled back from $33 billion after public outrage.) That is despicable.

The Memorial Foundation has repeatedly refuted the Port Authority’s bald assertion that it is owed $157 million (the PA has inexplicably doubled the amount to $300 million in some press reports). Equally troubling are unsupported reports that the cost of the Memorial and Museum has soared to $1.4 billion. According to the foundation, none of this is true. It maintains that the Memorial and Museum costs owed to Port Authority were capped at $530 million in a properly executed 2006 contract. In that agreement, the Port Authority promised to deliver both the memorial and museum in 2009. It is the Port Authority which has delayed, dissembled and now disrupted this vitally important historic project.

Ten years ago, we witnessed devoted recovery workers clear 1.8 billion tons of twisted steel and concrete, putting their lives on hold, focusing only on what they perceived was their solemn duty to their fellow human beings. It took these honorable men and women nine months to bring order out of chaos.

It has now been nine months since the Port Authority sent workers off the site, creating new chaos out of order. The museum opening, slated for this September, has been indefinitely delayed. It will not open before 2013. Every month of Port Authority delay ensures that costs continue to rise.

Governor Christie and Governor Cuomo, the Port Authority’s conduct is a betrayal of those who died on 9/11. It is a betrayal of the thousands who risked everything to honor them, and it is a betrayal of the growing number of children for whom “9/11” is not a first-hand memory.

We ask that you direct the Port Authority to honor their contract with the Foundation, immediately restart construction of the National September 11 Memorial Museum, and finish the job.

Respectfully submitted,
[signatures after the jump]

Debra Burlingame: The 9/11 Memorial Museum Held Hostage

This is my op-ed as it appeared today in the Wall Street Journal, with additional photos and links added.

Debra Burlingame: The 9/11 Memorial Museum Held Hostage
The Port Authority of New York and New Jersey demands more money from a charitable foundation before it will finish construction.
By DEBRA BURLINGAME

Wednesday, May 30 marks 10 years since the recovery operation at the World Trade Center site officially ended. On that day, the “Last Column,” a 37-foot, 58-ton section of structural steel, was draped with an American flag and escorted from the site by an honor guard in a solemn ceremony that left grown men weeping.

The beam had become a sacred totem after the remains of three New York City firefighters from Squad 41 were found near its base. Recovery workers covered it with memorials to the dead: photographs, decals and hand-scrawled tributes: “FDNY 343,” “PAPD 37,” “NYPD 23,” the numbers of those killed from the city’s first responder departments.

During the recovery operation, ironworkers, heavy-equipment operators and others in the construction trades removed 1.8 million tons of twisted steel and concrete, heaped seven stories high; the Last Column’s silent, enduring presence was a solemn tribute to the best of humanity. It was brought back to the World Trade Center site in August 2009, where it will be viewed by millions when the National September 11 Memorial Museum opens.


The ‘Last Column’ is removed from Ground Zero in a ceremony on May 2002. AP/Navy photo

Yet the museum opening, which was on track for Sept. 11, 2012, has now been delayed indefinitely. The final phase of construction ground to a halt last year in a public dispute over funding between the builder, the Port Authority of New York and New Jersey, and the nonprofit foundation that raised the money for the project. Lamentably, the two governors involved in this drama, New Jersey’s Chris Christie and New York’s Andrew Cuomo, have done nothing to stop the Port Authority’s shameless gambit to squeeze more money out of a charity to which 900,000 mostly small donors have contributed.

The Port Authority of New York and New Jersey is the bi-state agency that owns the land and lobbied heavily for the federally funded, multibillion-dollar job of rebuilding the 16-acre site. It claims that the National September 11 Memorial & Museum Foundation owes the agency $157 million more than the $530 million cost cap the agency itself agreed to in 2006. The Port Authority has not publicly stated any basis as to why it is owed additional money.

The Port Authority, run by a powerful group of politically connected bureaucrats, has long been accused of cronyism, mismanagement and waste. Last December, Gov. Christie announced that he was initiating a $2 million independent audit of the agency’s accounting. This came in the wake of a public outcry over the PA’s unilateral decision in August 2011 to raise bridge and tunnel tolls by 50%.

As Sen. Frank Lautenberg (D., N.J.) said, “There is something wrong when it costs $12 to cross a bridge in America.” He has joined Rep. Michael Grimm (R., N.Y.) in calling for federal oversight of the Authority “to make sure toll revenue is being used appropriately, and not going to fund excessive salaries or political patronage jobs.”

There are grounds for the charge. In November 2011, the Record newspaper in Bergen County, N.J., reported on the basis of public records that the Port Authority was giving 100 of its highest-paid employees secret bonuses totaling $2 million a year, beginning in 2008, at the height of the recession.

And in July, New York State Comptroller Thomas DiNapoli issued a scathing report revealing that the Port Authority paid $85 million in overtime costs to 5,360 of its 6,900 employees in 2010. Three hundred and forty-seven employees received more than 50% of their base salary in overtime. According to the report, in 2009 the agency spent $52 million on overtime, and the basis for the top overtime earners could not be supported with written records.

Mr. DiNapoli also noted that the Port Authority authorized $4.38 billion in service contracts from 2006 to 2009. In a random sample of 75 of those contracts valued at $1.3 billion, according to the report, the agency lacked written support for 57 of them, valued at $1.18 billion. The Port Authority’s in-your-face response to Mr. DiNapoli’s report was that the overtime business model works just fine.

Perhaps the most trenchant description of the Port Authority’s method of doing business was outlined in an Oct. 19, 2011, op-ed in the New York Post by the PA’s former executive director (1995-97), George J. Marlin. In an open letter of advice to Gov. Cuomo’s newly appointed executive director, Patrick Foye, Mr. Marlin urged Mr. Foye to reject Port Authority bureaucrats’ cost estimates and construction timetables on new projects. He said they are deliberately lowballed to get approval.

Once construction starts and millions are spent, Mr. Marlin said, subsequent cost “overruns” are the norm. He called the PATH train terminal at Ground Zero a “perfect example of PA staff conniving.” Originally estimated to cost $1.8 billion in federal money, the 800,000 square foot terminal has ballooned to an astronomical $3.4 billion and rising.

In January of this year, Gov. Cuomo raised the specter of a lawsuit by the Port Authority against the Memorial & Museum Foundation regarding its $157 million claim. The governor surely knows that litigating the dispute in court could entail years of delay, jacking up construction costs in excess of the amount that the agency is demanding.

In the meantime, millions of Americans would have to wait while a government agency pursued its extortionate demand through the courts. And this from the same governor who issued a commemorative “We Remember” flag to be flown statewide for the 10th anniversary of 9/11.

Yet this is the Port Authority way: Abrogate the contract, shut down work, then make an offer the other side can’t refuse. The foundation’s CEO, Joe Daniels, wants to resolve the dispute in a manner that moves the project forward. The 2006 contract provides for fast-track mediation. But Mr. Daniels told me that a Port Authority board member warned him in a heated telephone conversation last October, “Go ahead and do it [request mediation] that way and we’ll see how long it takes to get your museum built.”

The Port Authority should be reminded that this isn’t Mr. Daniels’s museum. It belongs to the public, funded in part by federal tax dollars appropriated by Congress to show the world that America isn’t beaten. It belongs to private donors who have supported the project because they believe that future generations should be taught about this attack on the country, and how it changed the world.

Govs. Christie and Cuomo have made significant strides confronting fiscal challenges in their respective states. It is time for them to exert leadership and direct their political appointees to fulfill the PA’s contractual obligations, restore the public trust and complete the construction of this vital national treasure.

Ms. Burlingame is a member of the board of directors of the National September 11 Memorial & Museum Foundation. Her brother, Charles F. Burlingame III, was the pilot of American Airlines flight 77, which was hijacked and crashed at the Pentagon on 9/11.

9/11 families and first responders: America didn’t ask for a Ground Zero mosque in NY rebuilding fund

FOR IMMEDIATE RELEASE
Contact: Media@911familiesforamerica.org
9/11 families and first responders: America didn’t ask for a Ground Zero mosque in NY rebuilding fund

When the American people forked over $20 billion to New York to rebuild, they answered the human carnage wrought by radical Muslim terrorists with compassion for the living and respect for the fallen. They could not have foreseen a “community center” being built with their money, just past the smoke, to explain the virtues of Islam.

Yesterday we learned the Lower Manhattan Development Corporation will grant $17 million for “community and cultural enhancement.” The Park51 developers have asked for $5 million of that September 11 federal funding; they do not know the meaning of the word “insensitivity.”

John Avlon of The Daily Beast reports:

While news of the application has not previously been made public, developer Sharif El-Gamal outlined it in closed-door meetings, according to two individuals he spoke with directly. The thirtysomething, Brooklyn-born El-Gamal is motivated more by real estate ambition — one of these sources describes him as aspiring to be the next Donald Trump — than Islamic theology or ideology.

Part of the strangeness of the application is that it blows past the suggested range of $100,000 to $1 million that these grants are supposed to fall to within (I’m told the entire pool for this round of cultural funding will come in under $20 million). According to the two sources knowledgeable about the thinking behind the proposal, the strategy behind the $5 million ballpark was trying to yield a higher figure in the end.

But the project likely doesn’t qualify for a grant in the first place. Specifically, the grant criteria mandate a demonstration of a project’s financial feasibility, based on benchmarks set by the U.S. Department of Housing and Urban Development (HUD). The government will help complete development projects — but it does not provide seed capital. And in their last public financial statement, Park51 was found to have less than $20,000 in the bank for a project with a slated cost of $100 million.

Imam Rauf touts the center as a place for “interfaith dialogue” yet advocates for discriminatory sharia law to be imposed here. Dozens of other organizations have waited years to apply in the hope of completing viable and appropriate projects; the LMDC has a prior responsibility to them.

The New York Post reports:

“Why would we give them money ahead of so many other worthy groups?” fumed Tim Brown, a retired firefighter and first responder on 9/11 and a leading opponent of plans for a mosque two blocks north of the World Trade Center. “It’s so upside down,” Brown said of the project, which is a joint venture of real-estate developer Sharif El-Gamal and Imam Feisal Abdul Rauf. “They are the ones who insist the project is not at Ground Zero and then the next thing you know is they want to leverage 9/11,” Brown said.

Debra Burlingame, whose brother was a pilot on one of the hijacked airliners, cautioned against the use of any 9/11 funds for the mosque. “This is federal money, it was not intended to fund a propaganda issue,” said Burlingame. “If the LMDC gave them a penny, it would enrage everyone in lower Manhattan.”

Such grants require organizations to show “experience with comparable projects,” to demonstrate feasibility, and to have shown responsibility.

The Park51 developers owe $224,000 in unpaid property taxes on the existing building. A New Jersey judge recently ordered the low-income apartments Imam Feisal Abdul Rauf owns into temporary receivership due to infestations of bedbugs, roaches, and rats, despite Rauf having received $2 million in grants to fix up and maintain his buildings. In 1998, Rauf and his wife Daisy Khan were granted tax-free status to conduct religious service for “400 to 500″ people at an address which turned out to be an 800-square foot apartment in Manhattan. The 37-year old property developer Sharif El-Gamal has been arrested seven times, including for assault in 2005. The main financial backer of Park51 donated thousands to an Hamas front group as he thought it “was going to an orphanage.”

In June, the Community Board 1 voted 29-to-11 to give Park51 their blessing. While CBI Chairwoman Julie Menin has a responsibility to the local community, she also serves the interests of the Nation as a LMDC board member which, in 2002, issued this statement:

“In the aftermath of September 11, the entire nation has embraced New York, and we have responded by vowing to rebuild our City – not as it was, but better than it was before. Although we can never replace what was lost, we must remember those who perished, rebuild what was destroyed, and renew Lower Manhattan as a symbol of our nation’s resilience. This is the mission of the Lower Manhattan Development Corporation.”

The American people shouldn’t have to help Imam Rauf promote sharia law overlooking Ground Zero or to further Sharif El-Gamal’s career.

Tim Brown
theBravest.com

Debra Burlingame and Tim Sumner
Co-founders, 9/11 Families for a Safe & Strong America

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