Who Is Fred F. Fielding?

Who Is Fred F. Fielding?

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December 16, 2002: Members of 9/11 Commission Have Potential Conflicts of Interest
The ten members of the new 9/11 Commission are appointed by this date, and are: Republicans Thomas Kean (Chairman), Slade Gorton, James Thompson, Fred Fielding, and John Lehman, and Democrats Lee Hamilton (Vice Chairman), Max Cleland, Tim Roemer, Richard Ben-Veniste, and Jamie Gorelick. [Chicago Tribune, 12/12/2002; Associated Press, 12/16/2002; New York Times, 12/17/2002] Senators Richard Shelby (R) and John McCain (R) had a say in the choice of one of the Republican positions. They and many 9/11 victims’ relatives wanted former Senator Warren Rudman (R), who cowrote an acclaimed report about terrorism before 9/11. But Senate Republican leader Trent Lott blocks Rudman’s appointment and chooses John Lehman instead. [St. Petersburg Times, 12/12/2002; Associated Press, 12/13/2002; Reuters, 12/16/2002] It slowly emerges over the next several months that at least six of the ten commissioners have ties to the airline industry. [CBS News, 3/5/2003] Henry Kissinger (see December 13, 2002) and his replacement Thomas Kean (see December 16, 2002) both caused controversy when they were named. In addition, the other nine members of the commission are later shown to all have potential conflicts of interest. Republican commissioners:

• Fred Fielding also works for a law firm lobbying for Spirit Airlines and United Airlines. [Associated Press, 2/14/2003; CBS News, 3/5/2003]
• Slade Gorton has close ties to Boeing, which built all the planes destroyed on 9/11, and his law firm represents several major airlines, including Delta Airlines. [Associated Press, 12/12/2002; CBS News, 3/5/2003]
• John Lehman, former secretary of the Navy, has large investments in Ball Corp., which has many US military contracts. [Associated Press, 3/27/2003]
• James Thompson, former Illinois governor, is the head of a law firm that lobbies for American Airlines, and he has previously represented United Airlines. [Associated Press, 1/31/2003; CBS News, 3/5/2003] Democratic commissioners:
• Richard Ben-Veniste represents Boeing and United Airlines. [CBS News, 3/5/2003] Ben-Veniste also has other curious connections, according to a 2001 book on CIA ties to drug running written by Daniel Hopsicker, which has an entire chapter called “Who is Richard Ben-Veniste?” Lawyer Ben-Veniste, Hopsicker says, “has made a career of defending political crooks, specializing in cases that involve drugs and politics.” Ben-Veniste has been referred to in print as a “Mob lawyer,” and was a long-time lawyer for Barry Seal, one of the most famous drug dealers in US history who also is alleged to have had CIA connections. [Hopsicker, 2001, pp. 325-30]
• Max Cleland, former US senator, has received $300,000 from the airline industry. [CBS News, 3/5/2003]
• James Gorelick is a director of United Technologies, one of the Pentagon’s biggest defense contractors and a supplier of engines to airline manufacturers. [Associated Press, 3/27/2003]
• Lee Hamilton sits on many advisory boards, including those to the CIA, the president’s Homeland Security Advisory Council, and the US Army. [Associated Press, 3/27/2003]
• Tim Roemer represents Boeing and Lockheed Martin. [CBS News, 3/5/2003]

April 13, 2004: Attorney General Blames ‘Wall’ for 9/11 Failures, but 9/11 Commission Believes He Is Exaggerating
Attorney General John Ashcroft publicly testifies before the 9/11 Commission, claims there was no program to kill Osama bin Laden before 9/11, and blames the “wall” (see July 19, 1995) for the 9/11 attacks. Ashcroft says, “Let me be clear: my thorough review revealed no covert action program to kill bin Laden.” However, the 9/11 Commission has already found a Memorandum of Notification signed by President Clinton in 1998 after the embassy bombings that allowed CIA assets to kill bin Laden, and two commissioners, Fred Fielding and Richard Ben-Veniste, point this out to Ashcroft. [9/11 Commission, 4/13/2004; 9/11 Commission, 7/24/2004, pp. 132, 485] The attorney general comments, “The single greatest structural cause for September 11 was the ‘wall’ that segregated criminal investigators and intelligence agents. Government erected this ‘wall.’ Government buttressed this ‘wall.’ And before September 11, government was blinded by this ‘wall.’” The wall was a set of procedures that regulated the passage of information from FBI intelligence agents to FBI criminal agents and prosecutors to ensure that information obtained using warrants under the Foreign Intelligence Surveillance Act (FISA) would not be thrown out from criminal cases (see July 19, 1995). Ashcroft says that the wall impeded the investigation of Zacarias Moussaoui and that a “warrant was rejected because FBI officials feared breaching the ‘wall.’” (Note: two applications to search Moussaoui’s belongings were prepared. The first was not submitted because it was thought to be “shaky” (see August 21, 2001). The second warrant application was prepared as a part of an intelligence investigation under the Foreign Intelligence Surveillance Act, so it was not affected by the “wall” (see August 28, 2001)). According to Ashcroft, the wall also impeded the search for hijackers Khalid Almihdhar and Nawaf Alhazmi because criminal investigators were not allowed to join in. However, the 9/11 Commission will find that they could legally have helped, but were prevented from doing so by FBI headquarters (see August 29, 2001). Ashcroft asserts that 9/11 Commissioner Jamie Gorelick was responsible for the wall. He cites a document he just declassified that had been written by Gorelick to deal with the two 1993 WTC bombing cases (see March 4, 1995). That document becomes known as the “wall memo.” However, this memo only governed the two WTC cases; all other cases were governed by a different, but similar memo written by Attorney General Janet Reno a few months later (see July 19, 1995). [9/11 Commission, 4/13/2004] 9/11 Commission chairmen Thomas Kean and Lee Hamilton will say that the “attorney general’s claim was overstated,” and that the two 1995 memos only codified a set of procedures that already existed (see Early 1980s). During questioning, Republican 9/11 Commissioner Slade Gorton points out that Ashcroft’s deputy reaffirmed the procedures in an August 2001 memo that stated, “The 1995 procedures remain in effect today” (see August 6, 2001). [Kean and Hamilton, 2006, pp. 194-6]