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Bush Officials May Have Covered Up Rice-Tenet Meeting From 9/11 Commission

ricehand.jpg [Our guest blogger, Peter Rundlet, was a Counsel to the 9/11 Commission.]

Most of the world has now seen the infamous picture of President Bush tending to his ranch on August 6, 2001, the day he received the ultra-classified Presidential Daily Brief (PDB) that included a report entitled “Bin Laden Determined To Strike in US.” And most Americans have also heard of the so-called “Phoenix Memo” that an FBI agent in Phoenix sent to FBI headquarters on July 10, 2001, which advised of the “possibility of a coordinated effort” by bin Laden to send students to the United States to attend civil aviation schools.

As a Counsel to the 9/11 Commission, I became very familiar with both the PDB and the Phoenix Memo, as well as the tragic consequences of the failure to detect and stop the plot. A mixture of shock, anger, and sadness overcame me when I read about revelations in Bob Woodward’s new book about a special surprise visit that George Tenet and his counterterrorism chief Cofer Black made to Condi Rice, also on July 10, 2001:

They went over top-secret intelligence pointing to an impending attack and “sounded the loudest warning” to the White House of a likely attack on the U.S. by Bin Laden.

Woodward writes that Rice was polite, but, “They felt the brushoff.”

If true, it is shocking that the administration failed to heed such an overwhelming alert from the two officials in the best position to know. Many, many questions need to be asked and answered about this revelation — questions that the 9/11 Commission would have asked, had the Commission been told about this significant meeting. Suspiciously, the Commissioners and the staff investigating the administration’s actions prior to 9/11 were never informed of the meeting. As Commissioner Jamie Gorelick pointed out, “We didn’t know about the meeting itself. I can assure you it would have been in our report if we had known to ask about it.”

The Commission interviewed Condoleezza Rice privately and during public testimony; it interviewed George Tenet three times privately and during public testimony; and Cofer Black was also interviewed privately and publicly. All of them were obligated to tell the truth. Apparently, none of them described this meeting, the purpose of which clearly was central to the Commission’s investigation. Moreover, document requests to both the White House and to the CIA should have revealed the fact that this meeting took place. Now, more than two years after the release of the Commission’s report, we learn of this meeting from Bob Woodward.

Was it covered up? It is hard to come to a different conclusion. If one could suspend disbelief to accept that all three officials forgot about the meeting when they were interviewed, then one possibility is that the memory of one of them was later jogged by notes or documents that describe the meeting. If such documents exist, the 9/11 Commission should have seen them. According to Woodward’s book, Cofer Black exonerates them all this way: “Though the investigators had access to all the paperwork about the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about.” The notion that both the 9/11 Commission and the Congressional Joint Inquiry that investigated the intelligence prior to 9/11 did not want to know about such essential information is simply absurd. At a minimum, the withholding of information about this meeting is an outrage. Very possibly, someone committed a crime. And worst of all, they failed to stop the plot.

– Peter Rundlet

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Yglesias

Liberty Under Law

It’s long and ambitious, so I haven’t yet had time to develop and write up any really intelligent remarks, but late last week the Princeton Project on National Security released its final report Forging A World Of Liberty Under Law. Take a look.

Yglesias

Iran and the Law

AEGIS.jpg

I would have thought this was simply obvious, but a few people at dinner thought it might be useful to make the point plainly. The Bush administration is considering airstrikes against Iran. Some people think the decision has already been made to do it. Most people think this isn’t totally clear, but some folks inside the government want strikes and may win the fight. The options being seriously considered all involve, basically, launching a surprise attack. This means, among other things, a war without any serious basis in domestic or international law. No UN resolution, no congressional resolution, just an order from the President to the relevant military assets. There’ll be vague gestures in the direction of this or that — the crew that’s argued the 9/11 Resolution repealed FISA and the 4th Amendment will argue that it authorized just about anything — but basically they’ll just be making shit up which isn’t at the end of the day, a novel situation for them to be in.

The War Powers Act states that “The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” Meaning, in other words, that simply launching an attack on Iran would be illegal. Dick Cheney has, however, argued for decades that the War Powers Act is unconstitutional, so this isn’t going to stop them. You’ll be able to file an after-the-fact lawsuit, if you like, but that’s not going to have much practical impact.

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