September 12, 2001: CIA Briefing to the President Lays Out Evidence of Bin Laden Responsibility for Attacks
CIA Director George Tenet arrives at the White House to give the president his daily intelligence briefing. With him is Mike Morell, the president’s regular CIA briefer. They meet with Bush at 8 a.m. in the Oval Office, joined by Vice President Dick Cheney and National Security Adviser Condoleezza Rice. The Presidential Daily Briefing (PDB) on this day is about ten to twelve pages long, and a further twelve pages includes full reports from case officers, the Directorate of Intelligence, and the National Security Agency. The PDB includes a review of the available intelligence tracing the previous day’s attacks back to Osama bin Laden and his top al-Qaeda associates. Among the evidence presented:
  • Several reports identify Capitol Hill and the White House as intended targets of the attacks.
  • One report says a bin Laden associate incorrectly “gave thanks for the explosion in the Congress building.”
  • A key figure in the bin Laden financing organization Wafa had initially claimed that “The White House has been destroyed,” but then had to correct himself.
  • A report shows that al-Qaeda members in Afghanistan had said at 9:53 a.m. the previous day that the attackers were following through with “the doctor’s program” (see 9:53 a.m. September 11, 2001). This is thought to be a reference to the second-ranking member of al-Qaeda, Ayman al-Zawahiri, an Egyptian physician often referred to as “the Doctor.”
  • The CIA and the FBI have evidence connecting at least three of the alleged hijackers to Osama bin Laden and his training camps in Afghanistan. The attacks were also consistent with intelligence reports throughout the summer that indicated bin Laden was planning “spectacular attacks” against US targets.
    bullet A report out of Kandahar, Afghanistan shows the attacks were “the results of two years’ planning.”
  • Another report says the attacks were “the beginning of the wrath.”
  • A key piece of evidence involves Abu Zubaida, who has been identified as the chief field commander for the October 2000 attack on the USS Cole in Yemen. A supposedly reliable report received after the 9/11 attacks stated that Zubaida had referred to September 11 as “zero hour.”

According to Washington Post reporter Bob Woodward, “For Tenet, the evidence on bin Laden was conclusive—game, set, match.” Though Tenet, along with Rice and other officials, has already spent several months working on a plan to vastly expand covert action in Afghanistan and worldwide, he tells Bush that an even more extensive plan will soon be presented for approval, and this will be very expensive. The president tells him, “Whatever it takes.” [Woodward, 2002, pp. 39-41; Washington Post, 1/28/2002; Kessler, 2003, pp. 231-233; Tenet, 2007, pp. 165] Bush will approve Tenet’s plan by the following Monday (see September 17, 2001).

September 15, 2001: Top Officials Meet at Camp David; Wolfowitz Suggests Striking Iraq
George W. Bush, CIA Director George Tenet, Dick Cheney, Colin Powell, Donald Rumsfeld, Treasury Secretary Paul O’Neill, National Security Advisor Condoleezza Rice, FBI Director Robert S. Mueller III, Paul Wolfowitz, and perhaps other officials as well, meet at Camp David to discuss war plans in Afghanistan. The meeting reportedly begins at 9:30 AM with a prayer. [Washington Post, 1/31/2002; Vanity Fair, 5/2004, pp. 232] There is discussion on a paper submitted by the Defense Department depicting Iraq, the Taliban, and al-Qaeda as priority targets. Paul Wolfowitz pushes for regime change in Iraq, claiming that there is a 10 to 50 percent chance that Iraq was involved in the attacks. [Woodward, 2002, pp. 83; Vanity Fair, 5/2004, pp. 232; Washington Post, 7/23/2004] Wolfowitz will later recall in an interview with Vanity Fair: “On the surface of the debate it at least appeared to be about not whether but when. There seemed to be a kind of agreement that yes it should be, but the disagreement was whether it should be in the immediate response or whether you should concentrate simply on Afghanistan first. To the extent it was a debate about tactics and timing, the president clearly came down on the side of Afghanistan first. To the extent it was a debate about strategy and what the larger goal was, it is at least clear with 20/20 hindsight that the president came down on the side of the larger goal.” [Vanity Fair, 5/9/2003]

September 20, 2001: Bush to Blair: After Afghanistan, ‘We Must Come Back to Iraq’
British Prime Minister Tony Blair meets with President George Bush at the White House. During dinner that night, also attended by Colin Powell, Condoleezza Rice, and British ambassador Sir Christopher Meyer, Blair tells Bush that he wants to concentrate on ousting the Taliban in Afghanistan. Bush replies, “I agree with you Tony. We must deal with this first. But when we have dealt with Afghanistan, we must come back to Iraq.” Blair says nothing to disagree. [BBC, 4/3/2003; Observer, 4/4/2004; Independent, 4/4/2004; Vanity Fair, 5/2004, pp. 238 Sources: Christopher Meyer]

November 10, 2001
Vice-President Cheney leads a meeting at the White House to put the finishing touches on a draft Presidential Order establishing military commissions (see November 9, 2001). The meeting includes Ashcroft, Haynes, and the White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Two officials later claim Cheney advocated withholding the document from National Security Adviser Condoleezza Rice and Secretary of State Colin Powell. According to a former official, Cheney discusses the draft with Bush over lunch a few days later. [New York Times, 10/24/2004]

November 13, 2001: Bush Authorizes Military Tribunals for Alleged Terrorists
President Bush issues a 3-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism. The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004] The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted. During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Haynes, and the Justice and White House lawyers, Gonzales, Addington, and Flanigan, taking a more restrictive line. [New York Times, 10/24/2004] Both Rice and Powell were left outside of the circle during the drafting of this directive (see November 6, 2001) (see November 9, 2001). Rice is reportedly angry about not be informed. [New York Times, 10/24/2004]

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