Tag Archive for 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.

Recall President Obama’s foreign policy; Constitutional rights to 9/11 war criminals

Between now and Election Day 2012, 9/11 Families for a Safe & Strong America will take a look back at President Barack Obama’s foreign policy. Today, we remember this:

November 2009:

Attorney General Eric Holder wants to fly Khalid Sheikh Mohammed into New York City, cloak him and his four “co-defendants” with liberties they would deny every American, and gamble he can get the worst of the worst past a gauntlet of federal judges and Supreme Court Justices.

Lower Manhattan is hallowed ground. … Twelve days after 9/11, [my family and I] attended a meeting of families and firefighters near Ground Zero. As I stepped from the car, my shoes sunk down into perhaps inch-deep pulverized concrete. It was seeded with the molecules of several thousand precious souls and the blood of hundreds of heroes; that dust also covered nearby Foley Square and the same federal courthouse where Eric Holder wants to give war criminals due process.

In the air and on the ground, those were all war crimes. Military Commissions were created by Congress to prosecute them and protect national security, both Presidents Obama and Bush have signed the Military Commissions Act into law, and the Supreme Court has recently confirmed them as Constitutional. 9/11 was not a tragedy or homicide; it was an act of genocide committed by war criminals.

It is also worth recalling that Khalid Sheikh Mohammed has freely admitted his war crimes. Stark evidence proving his assertions was found with him when he was captured:

March 15, 2007: WASHINGTON (CNN) — Admitted 9/11 mastermind Khalid Sheikh Mohammed told a U.S. military tribunal he personally beheaded Wall Street Journal reporter Daniel Pearl in 2002, the Pentagon revealed Thursday.

“I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl, in the city of Karachi, Pakistan,” said a Pentagon transcript of Saturday’s hearing. “For those who would like to confirm, there are pictures of me on the Internet holding his head.”

The admission was part of testimony that was originally removed from a Pentagon transcript of Mohammed’s tribunal at the U.S. military base at Guantanamo Bay, Cuba.

He also said he was the mastermind behind the September 11, 2001, attacks.

“I was responsible for the 9/11 operation, from A to Z,” Mohammed said through a military representative.

According to the 26-page transcript, a computer hard drive seized during Mohammed’s capture contained photographs of the 19 hijackers and a paper listing the pilot license fees for Mohammed Atta. Atta, the alleged ringleader of the attacks, flew one of the planes that crashed into the World Trade Center.

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]