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Thread: Who Is Jamie Gorelick?

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    Who Is Jamie Gorelick?

    Who Is Jamie Gorelick?

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    January 5, 1995: US Decides to Deport Bin Laden’s Brother-in-Law
    The US decides to deport Mohammed Jamal Khalifa, bin Laden’s brother-in-law, who was arrested in the US in mid-December 1994 (see December 16, 1994-May 1995). Khalifa was sentenced to death in Jordan later in December and the Jordanian government wants the US to deport him to face retrial, even though Jordan does not have an extradition treaty with the US. On this day, Secretary of State William Christopher writes a letter to Attorney General Janet Reno: “Jordan is aware of Mr. Khalifa’s presence in the United States and has asked for our assistance in sending him to Jordan so that he may be brought to justice. To permit Mr. Khalifa to remain in the United States in these circumstances would potentially be seen as an affront to Jordan and at odd with many of the basic elements of our cooperative bilateral relationship [and] potentially undermine our longstanding and successful policy of international legal cooperation to bring about the prosecution of terrorists.” The next day, Deputy Attorney General Jamie Gorelick, acting for an absent Janet Reno, sends a letter supporting the deportation request. [Lance, 2006, pp. 160-161] Gorelick will later be named one of the ten 9/11 Commissioners. The 9/11 Commission will not discuss the decision to deport Khalifa at all. Victim’s relative Monica Gabrielle will later note, “Gorelick was one of those who wanted [the 9/11 Commission] to concentrate only on the last few years.” [Lance, 2006, pp. 169] In April 1995, Khalifa’s conviction will be overturned in Jordan after a key witness recants, making it highly probable Khalifa will be found innocent if deported there (see Early April 1995). But the US will go ahead with the deportation anyway, and Khalifa will be found innocent and set free (see April 26-May 3, 1995).

    March 4, 1995: Deputy Attorney General Extends ‘Wall’ for WTC Bombing Cases
    Deputy Attorney General Jamie Gorelick issues a memo establishing procedures to regulate prosecutors’ and criminal investigators’ access to intelligence information generated in the wake of the 1993 WTC bombing cases (see February 26, 1993). These new procedures effectively extend the so-called “wall” that arose in the early 1980s. During the criminal investigation of the bombing, the FBI came across counterintelligence information related to Islamic extremists operating inside the United States, so it began an intelligence investigation. The new procedures are established because the Justice Department does not want to be perceived as using warrants issued under the Foreign Intelligence Surveillance Act (FISA), which are thought to be easier to obtain than criminal warrants, to further the criminal investigations, because this might possibly lead to problems in court (see Early 1980s). In the memo, Gorelick, who will later be a 9/11 Commissioner (see December 16, 2002), acknowledges that the procedures go “beyond what is legally required.” [US Department of Justice, 11/2004, pp. 28 pdf file; Lance, 2006, pp. 549-550] A similar set of controversial procedures is issued later covering all intelligence investigations (see July 19, 1995). However, Andrew McCarthy, one of the WTC prosecutors cut off from the information, will later say this policy is “excessively prohibitive” and “virtually guaranteed intelligence failure” in the fight against terrorism. McCarthy will also note that there already are procedures in place to prevent the misuse of FISA-derived evidence. [National Review, 4/19/2004]

    July 19, 1995: ’Wall’ Memo Cuts Criminal Investigators Off from Intelligence Information
    The Justice Department issues the “wall” memo, a later heavily criticized memo that establishes procedures to regulate the flow of information from FBI intelligence investigations to criminal investigators and prosecutors. Such procedures already exist, but this “wall” is now formalized and extended. The memo is signed by Attorney General Janet Reno, but is based on a similar one recently issued by Deputy Attorney General Jamie Gorelick governing the 1993 WTC bombing cases (see March 4, 1995). The wall exists to prevent defendants from successfully arguing in court that information gathered under a warrant issued under the Foreign Intelligence Surveillance Act (FISA) should not be used in a criminal prosecution, as the standard for obtaining a FISA warrant is considered to be lower than that for obtaining a criminal search warrant (see Early 1980s). Such arguments are usually unsuccessful, according to the Justice Department’s Office of Legal Counsel, which believes that courts are showing “great deference” to the government when such challenges are made. The procedures, which now apply to all intelligence investigations regardless of whether or not a FISA warrant has been issued, state that the FBI must consult the Justice Department’s Criminal Division, not local United States Attorneys’ offices, about intelligence investigations when it is considering starting a parallel criminal investigation, and that it must do so when there is reasonable indication of a significant federal crime. This means that FBI headquarters has veto power over whether a field office can contact a local prosecutor about an intelligence investigation. However, Criminal Division prosecutors should only be consulted and cannot control an investigation. [Office of the Attorney General, 7/19/1995; US Department of Justice, 11/2004, pp. 25-30 pdf file] These procedures will be implemented in such a way that even greater restrictions are placed on information sharing (see (Late 1995-1997)), although a partial exception will be created for the Southern District of New York, which handles a lot of terrorism work (see August 29, 1997). The procedures will also be much criticized for the way they are implemented in the FBI (see July 1999). The increased barriers to information sharing often mean that the FBI monitors terrorists as before, but the information does not get passed to criminal investigators, so the cells carry on operating in the US and the FBI carries on monitoring them. For example, the FBI monitors a Florida-based cell that funds and recruits for jihad throughout the world for nearly a decade before it is rolled up (see (October 1993-November 2001)). Some money raised by terrorism financiers in the US goes to Bosnia, where the US has a policy of enabling covert support for the Muslim side in the civil war (see April 27, 1994). Prosecutor Andrew McCarthy will later call the wall a “rudimentary blunder,” and say that it “was not only a deliberate and unnecessary impediment to information sharing; it bred a culture of intelligence dysfunction.” [National Review, 4/13/2004] John Ashcroft, Attorney General in the Bush Administration (see April 13, 2004), will say that “Government buttressed this ‘wall’,” and will call it the “single greatest structural cause for September 11.” [9/11 Commission, 4/13/2004]

    November 1997-August 1998: Future 9/11 Commission Staff Attend Terrorism Study Group; Predict Consequences of ‘Catastrophic Terrorism’
    Over a period of nine months, faculty from Harvard University, Stanford University, the Massachusetts Institute of Technology, and the University of Virginia meet in a collaborative effort called the Catastrophic Terrorism Study Group. Its members include experts on terrorism, national security, intelligence, and law enforcement. The project director is Philip Zelikow, future executive director of the 9/11 Commission. Future 9/11 Commissioner Jamie Gorelick is also a member, along with Ernest May, who will be a senior advisor to the 9/11 Commission. The culmination of the group’s efforts is a report written by Zelikow and its two co-chairs: former Assistant Secretary of Defense Ashton Carter and former CIA Director John Deutch. A condensed version of the report is published in the journal Foreign Affairs in late 1998. They write: “Long part of the Hollywood and Tom Clancy repertory of nightmarish scenarios, catastrophic terrorism has moved from far-fetched horror to a contingency that could happen next month. Although the United States still takes conventional terrorism seriously… it is not yet prepared for the new threat of catastrophic terrorism.” They predict the consequences of such an event: “An act of catastrophic terrorism that killed thousands or tens of thousands of people and/or disrupted the necessities of life for hundreds of thousands, or even millions, would be a watershed event in America’s history. It could involve loss of life and property unprecedented for peacetime and undermine Americans’ fundamental sense of security within their own borders in a manner akin to the 1949 Soviet atomic bomb test, or perhaps even worse. Constitutional liberties would be challenged as the United States sought to protect itself from further attacks by pressing against allowable limits in surveillance of citizens, detention of suspects, and the use of deadly force. More violence would follow, either as other terrorists seek to imitate this great ‘success’ or as the United States strikes out at those considered responsible. Like Pearl Harbor, such an event would divide our past and future into a ‘before’ and ‘after.’” [Carter, Deutch, and Zelikow, 10/1998; Foreign Affairs, 11/1998; 9/11 Commission, 7/24/2004, pp. xi-xiv]

    End Part I
    No One Knows Everything. Only Together May We Find The Truth JG


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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 8, 2004: Rice Testifies Before the 9/11 Commission
    Condoleezza Rice sworn in before the 9/11 Commission.Condoleezza Rice sworn in before the 9/11 Commission. [Source: Larry Downing/ Reuters]National Security Adviser Rice testifies before the 9/11 Commission under oath and with the threat of perjury. The Bush administration originally opposed her appearance, but relented after great public demand. [Independent, 4/3/2004] In her statement she repeats her claim that “almost all of the reports [before 9/11] focused on al-Qaeda activities outside the United States.… The information that was specific enough to be actionable referred to terrorists operation overseas.” Moreover, she stresses that the “kind of analysis about the use of airplanes as weapons actually was never briefed to us.” But she concedes, “In fact there were some reports done in ‘98 and ‘99. I think I was—I was certainly not aware of them…” [Washington Post, 4/8/2004] During heated questioning several subjects are discussed:
    • Why didn’t counterterrorism “tsar” Richard Clarke brief President Bush on al-Qaeda before September 11? Clarke says he had wished to do so, but Rice states, “Clarke never asked me to brief the president on counterterrorism.” [Washington Post, 4/8/2004]
    • What was the content of the briefing President Bush received on August 6, 2001 (see August 6, 2001)? While Rice repeatedly underlines that it was “a historical memo… not threat reporting,” Commissioners Richard Ben-Veniste and Tim Roemer ask her why then it cannot be declassified. [Washington Post, 4/8/2004] Two days later the White House finally publishes it, and it is shown to contain more than just historical information.
    • Did Rice tell Bush of the existence of al-Qaeda cells in the US before August 6, 2001? Rice says that she does not remember whether she “discussed it with the president.” [Washington Post, 4/8/2004]
    • Were warnings properly passed on? Rice points out, “The FBI issued at least three nationwide warnings to federal, state, and law enforcement agencies, and specifically stated that although the vast majority of the information indicated overseas targets, attacks against the homeland could not be ruled out. The FBI tasked all 56 of its US field offices to increase surveillance of known suspected terrorists and to reach out to known informants who might have information on terrorist activities.” But Commissioner Jamie Gorelick remarks, “We have no record of that. The Washington field office international terrorism people say they never heard about the threat, they never heard about the warnings.” [Washington Post, 4/8/2004] Rice does not apologize to the families of the victims, as Clarke did weeks earlier. The Associated Press comments, “The blizzard of words in Condoleezza Rice’s testimony Thursday did not resolve central points about what the government knew, should have known, did and should have done before the September 11 terrorist attacks.” [Associated Press, 4/8/2004] The Washington Post calls “her testimony an ambitious feat of jujitsu: On one hand, she made a case that ‘for more than 20 years, the terrorist threat gathered, and America’s response across several administrations of both parties was insufficient.’ At the same time, she argued that there was nothing in particular the Bush administration itself could have done differently that would have prevented the attacks of September 11, 2001—that there was no absence of vigor in the White House’s response to al-Qaeda during its first 233 days in office. The first thesis is undeniably true; the second both contradictory and implausible.” [Washington Post, 4/9/2004]

    April 13-April 29, 2004: Press and Politicians Mount Campaign Against Jamie Gorelick
    Attorney General John Ashcroft’s testimony before the 9/11 Commission (see April 13, 2004) sparks a wave of attacks against 9/11 Commissioner Jamie Gorelick, who was Deputy Attorney General during the Clinton administration. In 1995 Gorelick played a leading role in extending the “wall,” a set of procedures that regulated the passage of information from FBI intelligence agents to FBI criminal agents and prosecutors (see March 4, 1995 and July 19, 1995). Ashcroft calls the wall “the single greatest structural cause for September 11.” The attacks include:
    bullet On April 14 James Sensenbrenner, chairman of the House Judiciary Committee, calls on Gorelick to resign because of her “crippling conflict of interest.” He says “the public cannot help but ask legitimate questions about her motives” and argues that the commission will be “fatally damaged” if she continues. Other Republican congresspersons repeat this call;
    • On April 16 House Majority Leader Tom Delay writes to Commission Chairman Tom Kean saying Gorelick has a conflict of interest and accusing the commission of “partisan mudslinging, circus-atmosphere pyrotechnics, and gotcha-style questioning,” as well as undermining the war effort and endangering the troops;
    • Criticism of Gorelick also appears in several media publications, including the New York Times, New York Post, National Review, Washington Times, and Wall Street Journal. For example, an op-ed piece published in the New York Times by former terrorism commissioners Juliette Kayyem and Wayne Downing says the commissioners are talking too much and should “shut up.” [National Review, 4/13/2004; National Review, 4/19/2004; Kean and Hamilton, 2006, pp. 200-203]
    • On April 22 Senator Christopher Boyd and ten other Republican senators write to the commission calling on Gorelick to testify in public;
    • On April 26 Congressman Lamar Smith and 74 other Republicans write to Gorelick demanding answers to five questions about her time as deputy attorney general;
    • On April 28 the Justice Department declassifies other memos signed by Gorelick;
    • In addition to hate mail, Gorelick receives a bomb threat, requiring a bomb disposal squad to search her home.
    Commission Chairmen Tom Kean and Lee Hamilton will call this an “onslaught” and say her critics used the wall “as a tool to bludgeon Jamie Gorelick, implicate the Clinton administration, and undermine the credibility of the commission before we had even issued our report.” Gorelick offers to resign, but the other commissioners support her and she writes a piece for the Washington Post defending herself. [Washington Post, 4/18/2004; Kean and Hamilton, 2006, pp. 200-205] When the commission meets President Bush and Vice President Cheney at the end of the month (see April 29, 2004), Bush tells Kean and Hamilton he does not approve of memos being declassified and posted on the Justice Department’s website. At this point, the commissioners realize “the controversy over Jamie Gorelick’s service on the commission was largely behind us.” That afternoon, the White House publicly expresses the president’s disappointment over the memos and the effort to discredit Gorelick loses momentum. [Kean and Hamilton, 2006, pp. 208, 210]

    September 30-October 3, 2006: 9/11 Commissioners Claim to Be Furious They Were Not Told of July 2001 Warning, When In Fact They Were
    In late September 2006, a new book by Bob Woodward reveals that CIA Director Tenet and CIA counterterrorism chief Cofer Black gave National Security Adviser Rice their most urgent warning about a likely upcoming al-Qaeda attack (see July 10, 2001 and September 29, 2006). Tenet detailed this meeting to the 9/11 Commission in early 2004 (see January 28, 2004), but it was not mentioned in the 9/11 Commission’s final report later that year. According to the Washington Post, “Though the investigators had access to all the paperwork on the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about.” [Washington Post, 10/1/2006] The 9/11 Commissioners initially vigorously deny that they were not told about the meeting. For instance, 9/11 Commissioner Jamie Gorelick says she checked with commission staff who told her they were never told about a meeting on that date. She says, “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.” [Washington Post, 9/30/2006] Commissioner Tim Roemer says, “None of this was shared with us in hours of private interviews, including interviews under oath, nor do we have any paper on this. I’m deeply disturbed by this. I’m furious.” Commissioner Richard Ben-Veniste says the meeting “was never mentioned to us.” Philip Zelikow, the executive director of the 9/11 Commission, says the commissioners and their staff had heard nothing in their private interviews with Tenet and Black to suggest that they made such a dire presentation to Rice. “If we had heard something that drew our attention to this meeting, it would have been a huge thing.” [New York Times, 10/2/2006] However, on October 3, 2006, a transcript of Tenet’s private testimony to the 9/11 Commission is leaked to reporters and clearly shows that Tenet did warn Rice of an imminent al-Qaeda threat on July 10, 2001. Ben-Veniste, who attended the meeting along with Zelikow and other staff members, now confirms the meeting did take place and claims to recall details of it, even though he, Zelikow, and other 9/11 Commissioners had denied the existence of the meeting as recently as the day before. In the transcript, Tenet says “the system was blinking red” at the time. This statement becomes a chapter title in the 9/11 Commission’s final report but the report, which normally has detailed footnotes, does not make it clear when Tenet said it. [Washington Post, 10/3/2006] Zelikow had close ties to Rice before joining the 9/11 Commission, having co-written a book with her (see March 21, 2004), and became one of her key aides after the commission disbanded (see February 28, 2005). Zelikow does not respond to requests for comments after Tenet’s transcript surfaces. [McClatchy Newspapers, 10/2/2006; Washington Post, 10/3/2006]

    End
    No One Knows Everything. Only Together May We Find The Truth JG


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