July 27, 2001: Rice Briefed on Terrorist Threats, Advised to Keep Ready
Counterterrorism “tsar” Richard Clarke reports to National Security Adviser Rice and her deputy Steve Hadley that the spike in intelligence indicating a near-term attack appears to have ceased, but he urges them to keep readiness high. Intelligence indicates that an attack has been postponed for a few months. [9/11 Commission, 3/24/2004] In early August, CIA Director Tenet also reports that intelligence suggests that whatever terrorist activity might have been originally planned has been delayed. [9/11 Commission, 3/24/2004]

July 27, 2001: Clarke Says Immediate Threat Is Over but Attacks Still Going Forward
Counterterrorism “tsar” Richard Clarke informs National Security Advisor Rice and her deputy Stephen Hadley that the spike in intelligence about a near-term al-Qaeda attack has stopped. However, he urges keeping readiness at a high level during August, when President Bush and many other top US leaders go on vacation. He warns that another recent report suggests that an attack has just been postponed for a few months “but will still happen.” Similarly, on August 3, the CIA sends a cable to the US intelligence community warning that the threat of impending al-Qaeda attacks is likely to continue indefinitely. [9/11 Commission, 7/24/2004, pp. 260, 534]

August 4, 2001: Nothing New in Bush Letter to Pakistani President
President Bush sends a letter to Pakistani President Pervez Musharraf, warning him about supporting the Taliban. However, the tone is similar to past requests dating to the Clinton administration. There had been some discussion that US policy toward Pakistan should change. For instance, at the end of June, counterterrorism “tsar” Richard Clarke “urged that the United States [should] think about what it would do after the next attack, and then take that position with Pakistan now, before the attack.” [9/11 Commission, 3/24/2004] Deputy Secretary of State Richard Armitage later acknowledges that a new approach to Pakistan is not yet implemented by 9/11. [9/11 Commission, 3/24/2004 Sources: Richard Armitage]

Between August 6 and September 11, 2001: No High-Level Meetings to Discuss ‘Bin Laden Determined to Strike in US’ Memo
The Bush administration holds no high-level meetings prior to 9/11 to discuss the ‘Bin Laden Determined to Strike in US’ Presidential Daily Briefing (PDB) given to President Bush on August 6, 2001 (see August 6, 2001). Counterterrorism “tsar” Richard Clarke will later suggest that 9/11 might have been stopped “if [National Security Adviser] Rice and the president had acted personally, gotten involved, shaken the trees, gotten the Cabinet members involved when they had ample warning in June and July and August that something was about to happen.… [Rice] said that the president received 40 warnings face to face from the director of central intelligence that a major al-Qaeda attack was going to take place and she admitted that the president did not have a meeting on the subject, did not convene the Cabinet. She admitted that she didn’t convene the Cabinet. And as some of the [9/11 Commissioners] pointed out, this was in marked contrast to the way the government operated in December of 1999, when it had similar information and it successfully thwarted attacks.” [ABC News, 4/8/2004] Former CIA official Larry Johnson will similarly comment, “At a minimum, the details in the 6 August PDB should have motivated Rice to convene a principals’ meeting. Such a meeting would have ensured that all members of the president’s national security team were aware of the information that had been shared with the president. George Bush should have directed the different department heads to report back within one week on any information relevant to the al-Qaeda threat. Had he done this there is a high probability that the FBI field agents concerns about Arabs taking flight training would have rung some bells. There is also a high probability that the operations folks at CIA would have shared the information they had in hand about the presence of al-Qaeda operators in the United States.” [Tom Paine (.com), 4/12/2004] There will be one cabinet-level principals meeting to discuss terrorism on September 4, 2001, but no evidence has been released suggesting the PDB or the possibility of al-Qaeda attacking the US was discussed (see September 4, 2001).

August 16-September 10, 2001: FBI Fails to Brief NSC on Moussaoui, although this Is Standard Practice
Following the arrest of Zacarias Moussaoui, the FBI fails to brief the Counterterrorism and Security Group (CSG) chaired by counterterrorism “tsar” Richard Clarke at the National Security Council (NSC) on the case. CIA director George Tenet will later say that briefing the CSG on such an arrest is “standard practice.” [Tenet, 2007, pp. 200] In July 2001, Clarke had told the FBI he wanted to be informed of anything unusual, even if a sparrow fell from a tree (see Shortly After July 5, 2001).

August 23, 2001: Hijackers Alhazmi and Almihdhar Are Finally Added to Terrorist Watch List
Thanks to the request of Margaret Gillespie, an FBI analyst assigned to the CIA’s Counter Terrorism Center, the CIA sends a cable to the State Department, INS, Customs Service, and FBI requesting that “bin Laden-related individuals” Nawaf Alhazmi, Khalid Almihdhar, Ahmad Hikmat Shakir, and Salah Saeed Mohammed bin Yousaf (an alias for Khallad bin Attash) be put on the terrorism watch list. All four individuals had attended the January 2000 al-Qaeda summit in Malaysia. The cable mostly focuses on Almihdhar, briefly outlining his attendance at the Malaysia summit (see January 5-8, 2000) and his subsequent travel to the US in January 2000 and July 2001. Since March 2000, if not earlier, the CIA has had good reason to believe Alhazmi and Almihdhar were al-Qaeda operatives living in the US, but apparently did nothing and told no other agency about it until now. The hijackers are not located in time, and both die in the 9/11 attacks. FBI agents later state that if they been told about Alhazmi and Almihdhar sooner, “There’s no question we could have tied all 19 hijackers together” given the frequent contact between these two and the other hijackers. [Newsweek, 6/2/2002; 9/11 Commission, 7/24/2004, pp. 538; US Department of Justice, 11/2004, pp. 32-36, 302] However, in what the Washington Post calls a “critical omission,” the FAA, the Treasury Department’s Financial Crimes Enforcement Network, and the FBI’s Financial Review Group are not notified. The two latter groups have the power to tap into private credit card and bank data, and claim they could have readily found Alhazmi and Almihdhar, given the frequency the two used credit cards. [Washington Post, 7/25/2003] Furthermore, counterterrorism “tsar” Richard Clarke and his Counterterrorism Security Group are not told about these two operatives before 9/11 either. [Newsweek, 3/24/2004] The CIA later claims the request was labeled “immediate,” the second most urgent category (the highest is reserved for things like declarations of war). [Los Angeles Times, 10/28/2001] The FBI denies that it was marked “immediate” and other agencies treated the request as a routine matter. [Los Angeles Times, 10/18/2001; US Congress, 9/20/2002] The State Department places all four men on the watch list the next day. [US Congress, 7/24/2003 pdf file] However, this watch list, named TIPOFF, checks their names only if they use international flights. There is another watch list barring suspected terrorists from flying domestically. On 9/11, it contains only 12 names, including Khalid Shaikh Mohammed and other al-Qaeda figures, and some names are added as late as August 28, 2001. But none of these four men are added to this domestic list before 9/11.(see April 24, 2000). [9/11 Commission, 1/26/2004]

September 2001
In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Richard C. Clarke, the White House chief of counter-terrorism, will later recall President George W. Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Shortly After September 11, 2001: Wolfowitz More Interested in Going after Iraq than Bin Laden
According to counterterrorism “tsar” Richard Clarke, Deputy Defense Secretary Paul Wolfowitz asks during a meeting, “Why we are [sic] beginning by talking about this one man, bin Laden?” Clarke responds with an explanation that only al-Qaeda “poses an immediate and serious threat to the United States.” Wolfowitz then claims that Iraq poses “at least as much” a danger. According to Clarke, FBI and CIA representatives who are present at the meeting agree that there is no evidence to support Wolfowitz’s assertion. [Washington Post, 3/22/2004 Sources: Richard A. Clarke]

September 4, 2001: Clarke Memo: Imagine Hundreds of Dead Due to Government Inaction
Hours before the only significant Bush administration Cabinet-level meeting on terrorism before 9/11, counterterrorism “tsar” Richard Clarke writes a critical memo to National Security Adviser Rice. He criticizes the Defense Department for reluctance to use force against al-Qaeda and the CIA for impeding the deployment of unmanned Predator drones to hunt for bin Laden. According to the Washington Post, the memo urges “officials to imagine a day when hundreds of Americans lay dead from a terrorist attack and ask themselves what more they could have done.” [Washington Post, 3/24/2004; 9/11 Commission, 3/24/2004; Washington Post, 3/25/2004]

September 4, 2001: Cabinet-Rank Advisers Discuss Terrorism, Approve Revised Version of Clarke’s Eight Month-Old-Plan
President Bush’s cabinet-rank advisers discuss terrorism for the second of only two times before 9/11. [Washington Post, 5/17/2002] National Security Adviser Rice chairs the meeting; neither President Bush nor Vice President Cheney attends. Counterterrorism “tsar” Richard Clarke later says that in this meeting, he and CIA Director Tenet speak passionately about the al-Qaeda threat. No one disagrees that the threat is serious. Secretary of State Powell outlines a plan to put pressure on Pakistan to stop supporting al-Qaeda. Defense Secretary Rumsfeld appears to be more interested in Iraq. The only debate is over whether to fly the armed Predator drone over Afghanistan to attack al-Qaeda (see September 4, 2001). [Clarke, 2004, pp. 237-38] Clarke’s earlier plans to “roll back” al-Qaeda first submitted on January 25, 2001 (see January 25, 2001) have been discussed and honed in many meetings and are now presented as a formal National Security Presidential Directive. The directive is “apparently” approved, though the process of turning it into official policy is still not done. [9/11 Commission, 3/24/2004] There is later disagreement over just how different the directive presented is from Clarke’s earlier plans. For instance, some claim the directive aims not just to “roll back” al-Qaeda, but also to “eliminate” it altogether. [Time, 8/4/2002] However, Clarke notes that even though he wanted to use the word “eliminate,” the approved directive merely aims to “significantly erode” al-Qaeda. The word “eliminate” is only added after 9/11. [Washington Post, 3/25/2004] Clarke will later say that the plan adopted “on Sept. 4 is basically… what I proposed on Jan. 25. And so the time in between was wasted.” [ABC News, 4/8/2004] The Washington Post will similarly note that the directive approved on this day “did not differ substantially from Clinton’s policy.” [Washington Post, 3/27/2004] Time magazine later comments, “The fight against terrorism was one of the casualties of the transition, as Washington spent eight months going over and over a document whose outline had long been clear.” [Time, 8/4/2002] The primary change from Clarke’s original draft is that the approved plan calls for more direct financial and logistical support to the Northern Alliance and other anti-Taliban groups. The plan also calls for drafting plans for possible US military involvement, “but those differences were largely theoretical; administration officials told the [9/11 Commission’s] investigators that the plan’s overall timeline was at least three years, and it did not include firm deadlines, military plans, or significant funding at the time of the September 11, 2001, attacks.” [Washington Post, 3/27/2004; Reuters, 4/2/2004]

End Part XI