Yet More Communications Dirty Business: Karl Rove and Philip Zelikow

By this point, it should surprise no one that Karl Rove does a lot of dirty business using his phone and blackberry. Apparently, that extends to softening the reports of the 9/11 Commission: a Philip Shenon book coming out in February will reveal that Rove carried on back-channel discussions with Philip Zelikow, the Commission’s Executive Director (h/t Steven Aftergood), for some time after the Commission told him to stop speaking with Senior Administration Officials.

In a revelation bound to cast a pall over the 9/11 Commission, Philip Shenon will report in a forthcoming book that the panel’s executive director, Philip Zelikow, engaged in “surreptitious” communications with presidential adviser Karl Rove and other Bush administration officials during the commission’s 20-month investigation into the 9/11 attacks.

[snip]

Karen Heitkotter, the commission’s executive secretary, was taken aback on June 23, 2003 when she answered the telephone for Zelikow at 4:40 PM and heard a voice intone, “This is Karl Rove. I’m looking for Philip.” Heitkotter knew that Zelikow had promised the commissioners he would cut off all contact with senior officials in the Bush administration. Nonetheless, she gave Zelikow’s cell phone number to Rove. The next day there was another call from Rove at 11:35 AM.

[snip]

In late 2003, around the time his involuntary recusal was imposed, Zelikow called executive secretary Karen Heitkotter into his office and ordered her to stop creating records of his incoming telephone calls. Concerned that the order was improper, a nervous Heitkotter soon told general counsel Marcus. He advised her to ignore Zelikow’s order and continue to keep a log of his telephone calls, insofar as she knew about them.

Although Shenon could not obtain from the GAO an unredacted record of Zelikow’s cell phone use—and Zelikow used his cell phone for most of his outgoing calls—the Times reporter was able to establish that Zelikow made numerous calls to “456” numbers in the 202 area code, which is the exclusive prefix of the White House. [my empahsis]

Click through for a description of how Zelikow was able to prevent the Commission from describing Condi as incompetent (I know–we all know it to be true, but it’d have been nice to get it in writing).

I’m particularly interested in the timing of this. Apparently, Zelikow’s executive secretary figured out Zelikow had ongoing discussions with Rove on June 23, just when the whole Plame leak was brewing. As I pointed out last week, the White House was contemplating having to turn over emails to the Commission on the day Libby would do so in some depth on July 8; did they learn they would have to turn over emails through formal–or back-channel–means? And then Zelikow was trying to cover up the evidence of his ongoing communications with the 9/11 Commission at the same time that a bunch of emails started not showing up in the CIA Leak investigation.

Don’t get me wrong–I highly doubt there is any connection between the two investigations. But I do think it curious that Karl Rove was trying to obstruct one investigation during the same time frame as he appears to have obstructed another.

And I wonder whether Karl was the only one Zelikow heard from?

Update: cinnamonape makes a really good point. One of the topics of discussion might have been the terror tapes that George Tenet never told the 9/11 Commission about.

Zelikow has asserted he was never told about the waterboarding of Al Qaeda detainees like al-Zubaida and Sheik Khalid Mohammed either. Makes one really wonder what Zelikow actually was told and what he (and the WH) were filtering away from the Commission. Many folks have said that they told Commission staff information that never made it up to the Committee.

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76 replies
  1. BlueStateRedHead says:

    EPU’ed. on “little hans”

    How will the McCain front runner situation play into the Toddler-in-chief hold out on FEC and Hans von Spakovsky? Eventually he’ll want matching funds, no? I know this is OT, but reflecting on the small and mean thing the White House does offers a kind of relife from thinking about the large and cruel one that were on display this afternoon.

  2. maryo2 says:

    If Bush had nothing to do with the attacks on 9-11-2001, then why was Rove curious about the 9-11 Commisssion’s findings?

  3. JohnLopresti says:

    June 23, 2003 was also the day prior to final promulgation of the IT statement of work (’EOP communications records management‘) that Occam has been reading with respect to the migration process including various backup modalities for email and archiving from various server arrays, in the days of Notes to Exchange Server gear morphing, a known tech quagmire because of disparate file structures; cf. Occam comments on that crew archived version of the report in the 3MBpdf @comment~13in SessionsThread a few days ago.

  4. Loo Hoo. says:

    No end to the rot, is there? And this, from EW’s link:

    According to Shenon, however, Zelikow failed to disclose several additional and egregious conflicts-of-interest, among them, the fact that he had been a member of Rice’s NSC transition team in 2000-01. In that capacity, Zelikow had been the “architect” responsible for demoting Richard Clarke and his counter-terrorism team within the NSC. As Shenon puts it, Zelikow “had laid the groundwork for much of went wrong at the White House in the weeks and months before September 11. Would he want people to know that?”

  5. maryo2 says:

    Yes, and … Bush cancelled meetings with Richard Clarke, and Bush began restructuring the FBI BEFORE 9-11, and Cheney was holed up in a bunker surprisingly quickly given that no one knew what was happening, and building 7 fell.

    Hmm.

  6. allan says:

    Philip Zelikow is the kindest, bravest, warmest, most wonderful human being I’ve ever known in my life.

  7. maryo2 says:

    “When asked why he did not recommend including any IRSs on the
    attention line, Frank told the OIG that the Investigative Services Division was “on its last legs” at the time (July 10, 2001) and that there were very few IRSs in the ISD still working on analysis.”

    – page 66 of the FBI 9-11 Report

  8. Loo Hoo. says:

    OT, please excuse? Kos is reporting that Lincoln Chaffee has a book coming out:

    He has a lot to say about the rush to war in Iraq. Chafee asked for a private briefing with top CIA officials about the evidence on Iraqi WMD. And just as Robin Cook had discovered on the opposite side of the Atlantic when he got a similar briefing on Feb. 20, 2003, it was transparent that the “evidence” was garbage. Chafee also implies that the CIA analysts knew that all too well.

    So does he think it’s okay that he had all this information and didn’t breathe a word of it? Wouldn’t not reporting something as serious as a bogus war be illegal? (not to mention immoral)

  9. Neil says:

    Philip Zelikow has co-authored many books. He wrote a book with David C. King on
    Why People Don’t Trust Government.

    After study at the University of Houston, he completed a B.A. in History and Political Science at the University of Redlands, in southern California. He earned a law degree from the University of Houston Law Center, where he was an editor of the law review, and a Ph.D. from the Fletcher School of Law and Diplomacy at Tufts University.

    Zelikow joined the National Security Council in the George H. W. Bush administration, at the same time as Condoleezza Rice. (All from wiki.)

  10. Neil says:

    Catastrophic Terrorism: Tackling the New Danger“, Foreign Affairs, November/December 1998 by Ashton B. Carter, John Deutch, and Philip Zelikow

    [Zelikow has also written about terrorism and national security, including a set of Harvard case studies on “Policing Northern Ireland.”]

    In the November-December 1998 issue of Foreign Affairs, he co-authored an article Catastrophic Terrorism, with Ashton B. Carter, and John M. Deutch, in which they speculated that if the 1993 bombing of the World Trade Center had succeeded, “the resulting horror and chaos would have exceeded our ability to describe it. Such an act of catastrophic terrorism would be a watershed event in American history. It could involve loss of life and property unprecedented in peacetime and undermine America’s fundamental sense of security, as did the Soviet atomic bomb test in 1949. Like Pearl Harbor, the event would divide our past and future into a before and after. The United States might respond with draconian measures scaling back civil liberties, allowing wider surveillance of citizens, detention of suspects and use of deadly force. More violence could follow, either future terrorist attacks or U.S. counterattacks. Belatedly, Americans would judge their leaders negligent for not addressing terrorism more urgently.” wiki

    • CTuttle says:

      Like Pearl Harbor, the event would divide our past and future into a before and after. The United States might respond with draconian measures scaling back civil liberties, allowing wider surveillance of citizens, detention of suspects and use of deadly force.

      Nostradamus would be proud…

  11. Sara says:

    I wonder if part of what Zeilkow stripped out of the 9/11 report was the meeting Tenet revealed in his book, the emergency meeting with Condi and Clarke in July, 2001, trying to spin her up to the threats that were being captured by Intelligence. When Tenet’s book came out describing that meeting, Kean and Hamilton noted that they had no evidence of that meeting, apparently it was not logged at the WH, and thus not disclosed.

    Richard Clarke could have noted that meeting too, but didn’t. In the intro he makes the point that the WH censor stripped out much of his narrative, and he was able to restore material only where he could point to public information as an existing available source. So, I guess we have to assume that CIA pre-publication review let Tenet tell the tale, but the WH covered up the meeting. Was someone at CIA Censor Office twisting the knife a little?

    • emptywheel says:

      Interesting question, Sara. Though you think Rove was able to prevent Clarke and Tenet from talking about it?? (Condi, I can believe, but it seems like it’d take someone besides Rove to get Tenet and–moreso–Clarke to shut up.)

      • cinnamonape says:

        Did Clarke know about Tenet and Cofer Black providing the Al Qaeda briefing to Condi? If he didn’t know about it…his testimony might not have included that information. It seems from his testimony the CIA cut HIM out of the information hey passed on to Condi. They never told him, for example, that the attacks were a 10 on a scale of 10 certitude.

        What time was Clarke demoted to being a guy involved mainly with telecommunications security?

  12. Neil says:

    “Why would Iraq attack America or use nuclear weapons against us? I’ll tell you what I think the real threat (is) and actually has been since 1990 — it’s the threat against Israel,”

    “And this is the threat that dare not speak its name, because the Europeans don’t care deeply about that threat, I will tell you frankly. And the American government doesn’t want to lean too hard on it rhetorically, because it is not a popular sell.”

    – Zelikow, 2002

    Emad Mekay, IRAQ: War Launched to Protect Israel Inter Press Service News Agency. 2006-12-28
    wiki

    • cinnamonape says:

      War Launched to Protect Israel Inter Press Service News Agency

      That’s about the only rationale that the Bush Administration didn’t use.

  13. AZ Matt says:

    DeadLast & Rayne,

    Hell, they will be selling the airspace above your homes to the highest bidder for wind towers!

  14. ceo1 says:

    “And I wonder whether Karl was the only one Zelikow heard from?”
    Absolutely, Dick would not trust Rove being the only one.

  15. cinnamonape says:

    Zelikow has asserted he was never told about the waterboarding of Al Qaeda detainees like al-Zubaida and Sheik Khalid Mohammed either. Makes one really wonder what Zelikow actually was told and what he (and the WH) were filtering away from the Commission. Many folks have said that they told Commission staff information that never made it up to the Committee.

  16. Jeff says:

    ew – You’ve picked up on by far the most interesting of the tidbits from Shenon’s book so far available. A lot of the rest of it looks like very negative spin on what may well be innocuous stuff. And it’s worth remembering that Shenon did some of the Able Danger stuff.

    Also let me add Zelikow is an exceptionally interesting and smart guy, and his piece “Legal Policy for a Twilight War,” a speech he gave in Houston in April 2007 is pretty amazing. He’s also been offering choice select words for reports on the internal controversy over torture, such as here. Plus of course he did a pretty nice job on the implications of the destruction of the torture tapes for the 9/11 Commission, in the report linked to here.

    In other words, in my view Zelikow is another one of those conservative insiders in the Bush administration who was actively engaged in a variety of battles on the right side, and is doing something to get the story out now.

      • merkwurdiglieber says:

        Maybe her conscience kicked in, she was advised to keep the log in
        spite of his order… with all that has happened since she may just
        have had it with these phony hero types getting away with it… like
        John Yoo teaching another generation at a fine law school, Zelikow
        will be around, passing himself off as a decent guy. Barf.

        • earlofhuntingdon says:

          I would also consider the lame duck effect. Every bureaucrat in Metro DC must be nervous about they’re experiences over the last seven plus years. Some participated with exuberance in this administration’s priorities. But many good ones left or were kicked out under false pretenses. Most had to bite down hard, stay quiet and keep in line in order to pay mortgages or college tuition, to stay in the retirement system, or to keep that medical coverage.

          Many have stories to tell; many may be concerned that if they don’t tell them, they’ll be considered tangentially at fault for the damage done by someone higher up.

          Cheney, on the other hand, must be putting the word out that that light at the end of the tunnel is the shine from his bald head. He has a house on the Chesapeake and is building another in McLean. The message: he ain’t going nowhere, so everybody had better just shut the fuck up.

      • Jeff says:

        Good question. The answer that immediately occurs to me is simply that this or something else pissed her off.

      • AbeServer says:

        Why would Zelikow’s secretary bust him like this?

        Perhaps because he is known to be a pompous ass?

        • Citizen92 says:

          I remember back when they were “standing up” this organization. At the time I was working with one of the Commissioners. It was totally ad hoc, borrowed adminstrative personnel and being run by GSA.

          It would have an organization easily co-opted early on. But Zelikow probably forgot step one, which is, ALWAYS, be nice to the administrative staff.

  17. Mary says:

    30- Once torture stories hit, Zelikow was one of the very few who had any connection with this administration who was adamant that the things being done were flat out wrong. It’s also been reported and speculated at, from the beginning, that he was Rice’s guy on the 9-11 commission and was there to make her look less awful.

    He stacked the deck for Rice and against CIA back in the days of the commission; then came out criticizing Bush, Tenet and Black’s torture apparatus and gulags before most Dems; then hit the presses with the assertions about the tapes being requested by the 9-11 commission and did it up front, not anonymously.

    It’s no big surprise that he and CIA are at loggerheads and that neither is very lillywhite. I have to say for me, being involved in torture outscores being involved in political intrigue to cover up incompetence on the darkness meter, but as details emerge, that darksideofthesoul rating tends to shift.

  18. Neil says:

    Zelikow had been the “architect” responsible for demoting Richard Clarke and his counter-terrorism team within the NSC. As Shenon puts it, Zelikow “had laid the groundwork for much of went wrong at the White House in the weeks and months before September 11.

    […]

    Zelikow continued to insert himself into the work of “Team 3,” the task force responsible for the most politically-sensitive part of the investigation, counter-terrorism policy. This brief encompassed the White House, which meant investigating the conduct of Condoleeza Rice and Richard Clarke during the months prior to 9/11. Team 3 staffers would come to believe that Zelikow prevented them from submitting a report that would have depicted Rice’s performance as “amount[ing] to incompetence, or something not far from it.”

    – Max Holland
    (of Washington DeCoded) review of an abridged audio version of
    The Commission: The Uncensored History of the 9/11 Investigation By Philip Shenon

  19. earlofhuntingdon says:

    So Zelikow does a Fred Thompson (Watergate) and a Gerald Ford (Warren Commission)? Who knew. Thompson, a then former AUSA, kept Nixon’s White House “up” on developments in the Watergate investigation. Nixon was caught on tape describing Thompson, in effect, as dumb as a post, but useful.

    Ford, of course, kept somebody informed about the Kennedy assassination investigation. The dog’s breakfast known as the Warren Report – eg, the Parkside Hospital, Dallas, doctors who operated on JFK in the emergency room weren’t interviewed for more than fifteen years – bears testimony to the ability to spike or soft-pedal commission findings for political purposes.

    Does the 9/11 Commission get a Do Over?

    • pdaly says:

      Earl, looks like the Commission had your question (Does the 9/11 Commission get a Do Over?)in mind when they wrote the subtitle to the ‘authorized edition’ of the 9/11 Commission Report.

      Try to come up with a title that supersedes this ‘official’ title of the original report:

      “The 9/11 Commission Report: Final Report of the National Commisssion On Terrorist Attacks Upon the United States”

  20. CTuttle says:

    You scratch my back, I scratch yours… From TP:

    After completing his work with the 9/11 Commission, Zelikow was hired by Condoleezza Rice as Counselor at the State Department. He resigned from that position in late 2006. In 1995, Rice and Zelikow co-authored a book entitled, “Germany Unified and Europe Transformed.”

  21. kspena says:

    I remember reading that Zelikow fed the repugs on the Senate Intell committee a lot of info and mis-info, too.

  22. earlofhuntingdon says:

    As Max Holland at Washingtondecoded.com notes in his article, much of Zelikow’s work may have been aimed at soft-pedaling news coming out around November 2004. If the story bears out, that would be one more dirty trick by Rove to make his 2+2=5 math equal a Bush re-election [sic].

  23. earlofhuntingdon says:

    Zelikow may have worked to spiked or water down important parts of the story, but conflicts arising out of his close ties with Condi Rice and others were written in twelve-foot letters on Cheney’s limo. Who signed off on him, kept signing off on his role, and why?

  24. earlofhuntingdon says:

    Holland’s summary of the Shenon book suggests that Zelikow should have been a material witness in the Commission’s investigation, not its executive director.

    One of his responsibilities was assisting Condi Rice transform the NSC from a Clinton to Bush/Cheney team, which included the decision to demote Richard Clarke. Nice work, Phil. Read any good Presidential Briefings lately spelling out that Bin Laden intends to attack inside the United States?

  25. Sara says:

    EW says…

    (Condi, I can believe, but it seems like it’d take someone besides Rove to get Tenet and–moreso–Clarke to shut up.)

    I’ve read through Clarke’s book several times, looking for something that is not indexed, and one thing that has always stood out is the fractured nature of his narrative during the summer of 2001. like he had a ham-handed editor. Otherwise his narrative flows nicely. I think this may explain my observation.

    And yes, Clarke was included in the meeting with Condi, Tenet and Cofer Black, at least according to Tenet. The meeting was July 10, 2001, and in addition to the above, Stephen Hadley was included in the meeting, meaning I suppose that Cheney was quickly briefed on it, as Hadley was Cheney’s man Friday. Tenet also took along Rick B. (someone clearly operational as we have no name.) For those with the Tenet Book pp. 150-154.

    Small Oops — in his book, Tenet claims that he did tell the 9/11 Commission about this meeting, and was surprised when it was not included in the 9/11 report. (Tenet footnotes to his classified testimony) and then says that it was a mystery to him why the commissioners ignored the testimony. The information about the meeting broke in 2006. Initially the Bush WH claimed the meeting did not occur, and then they changed their approach, yep, the meeting took place but it contained no new or urgent information. Tenet notes that one of the slides contained information collected in the last 24 hours. Tenet then says a couple of days later Steve Cambone came to see him, and wanted CIA to study whether the hot intelligence was just deception. Then Wolfowitz called Tenet, and piled on, using the same grounds, Deception. Tenet compliments Wolfowitz for coming to him with an apology after 9/11, Told Tenet he had been wrong.

    With all this coming from Tenet’s little visit with Condi — like hell they forgot about this meeting. I think it a good guess that Rove wanted to pull this whole series of meetings and communications out of the 9/11 Narrative, and yep, he would have pushed Zelikow to accomplish that goal. Just look at who is involved, at least according to Tenet, in this scene. It is far more damaging than the August 6th briefing of Bush that covered his Ass — This involves Cheney, Hadley, Wolfowitz, Cambone in dismissing the hot intel. You know, perhaps that August 6th Briefing was really an Ass covering effort. They then played with the 9/11 Commission, making the Presidential Briefing document and the title the little shy girl who was hard to get.

    Clarke would not talk about anything censored from his book, afterall he is a consultant, and depends on keeping his high security clearance. In essence a license to do business in counterterrorism. You have to read all these people with this in mind.

    • earlofhuntingdon says:

      Clarke would not talk about anything censored from his book, afterall he is a consultant, and depends on keeping his high security clearance. In essence a license to do business in counterterrorism. You have to read all these people with this in mind.

      Excellent point. Also merits keeping in mind when assessing how brutal Cheney and the DOJ have been in combating critics and whistleblowers. That clearance can be the difference between six-figures and minimum wage (at least in the short-term). The difference between finding another similar job, with similar responsibilities and pay, and being frozen out of comparable public or private employment until the next administration. For most careers, the latter is an economic death sentence, and a favorite Cheney tactic. In that respect, the Wilsons were lucky.

      • merkwurdiglieber says:

        Like the mafia law of omerta, made guys don’t talk, their families are
        taken care of, wind up like Walt Rostow running the LBJ school for
        a post government career.

        • earlofhuntingdon says:

          Yea, the made guys get WingNut Welfare at the AEI, Hoover, special State Department gigs, or watching both books in the Bush Libwary.

          But there are tens of thousands of bureaucrats who have to fend for themselves. The average business letter used to go through seven hands before mailing. The average e-mail must go through at least that many servers and hard drives.

          That will make life interesting for the made guys and the working stiffs as Beltway life transitions to a Democratic administration. How interesting will depend on the next AG and his or her president.

        • merkwurdiglieber says:

          Agree. I hope the next administration ensures that the times are
          interesting for the big boys and offer a truth and reconciliation
          opportunity for the small fry… well put m’lawd.

  26. bigbrother says:

    Richard Clarke mde it chrystal clear Al Qeada was an imminemt threat and an attack was planned…there had been a series of attacks. Bushco was interested in attacking Iraq not prevention.
    These things are the basis of impeachnent investigations, True or False

  27. merkwurdiglieber says:

    PS. Dick may be staying around for the continuity of government role
    he has had for some 20+ years… not a good sign.

  28. Sara says:

    I would not set your heart on the next administration, His or Her’s, doing much investigating of the Bush/Cheney failed regime. In modern American History the only instance I can remember of this nature was Joe McCarthy’s crusade against New Dealers that shaded toward light pink — something he had to do because he never really found a red one. And it did not work out so well for old Joe — particularly after Ike let him dig his own grave in the Army-McCarthy Hearings. No, it will have to come from elsewhere, Journalists, Historians, bloggers perhaps. Roosevelt did a little of it — he let a congressional committee and a court investigate Andrew Mellon for four years, but then when Mellon was dying, he had tea with him so as to accept the Mellon Art Collection, and the money for the Museum on the Mall. He died about a month thereafter. No — post-hoc political probes are not American Style. What they can do is open up the FOIA process. And I suspect when Bush and Cheney are gone, many of those who know hidden bits will publish.

  29. Hugh says:

    In these kinds of discussion I drag out the entry from my scandals list on the 9/11 Commission. It is pretty amazing that a Commission as rife with conflicts of interest and manipulation by the White House achieved the plaudits and credibility that it did. The Zelikow story in the wider context of the Commission’s history is completely unsurprising. My take on it is that if Bush had waken suddenly in the night, 2/3 of the Republican membership and staff of the Commission would have fallen out of bed.

    33. Attempts to torpedo the 911 Commission. Although now largely forgotten, the Bush Administration fought the 9/11 Commission every step of the way and it was only pressure from the American public and most especially from the families of the victims of 9/11 that the commission was formed and was able to come up with some kind of a report however flawed and incomplete.
    Bush and Cheney resisted calls for such a bipartisan commission for over a year arguing that the matter was best left to Republican controlled intelligence committees in the Congress. It was not until November 27, 2002 that Bush announced the commission’s formation. He did his best to see that it went nowhere. Members were to be chosen by both Congress and the White House raising questions about the commission’s independence. Democratic co-chair George Mitchell on December 11, 2002 and Republican chair Henry Kissinger (whom the White House had insisted on appointing) on December 13, 2007 resigned due to conflicts of interest. Kissinger did not want to make public the financial records (and connections) of his security consulting company Kissinger Associates. Tom Kean and Lee Hamilton were named to replace them. The specter of conflicts of interest remained. Through their careers in government and on corporate boards, essentially all of the commission members had such conflicts. Perhaps the most egregious of these was Philip Zelikow the commission’s executive staff director who had worked closely with Condoleezza Rice on the National Security Council in the first Bush Administration and co-written a book with her.
    Bush also tried to limit the commission’s activities by giving it a budget of only $3 million to investigate the biggest terrorist attack in the country’s history. The Challenger investigation cost $50 million by comparison. Later Kean and Hamilton asked for a further $11 million to be included in the $75 billion supplemental slated to fund the invasion of Iraq. The White House initially refused the funds before reversing itself.
    The White House also placed many roadblocks in the commission’s path slowing its work. The commission was originally given 18 months or to the end of May 2004 to make its report. When a 60 day extension was requested, this too was initially denied. The commission report was eventually released on July 22, 2004.
    The White House sought both to shape and limit testimony. Before former counter-terrorism chief Richard Clarke testified, then White House counsel Alberto Gonzales contacted two commission members Fred Fielding and James Thompson with information to discredit Clarke which they duly presented.
    On Presidential Daily Briefs, after dragging its heels for months, the White House allowed them to be viewed by only 4 of the 10 commissioners who were to report back to the others. However, the White House denied the full commission access to the notes made by the 4 approved commissioners. Moreover, of 360 PDBs requested, only 24 were made available by White House counsel Alberto Gonzales. On March 14, 2004, the White House finally responded to the commission by releasing a 17 page summary of PDBs related to al Qaeda from the Bush and Clinton Administrations.
    The White House refused requests for National Security Adviser Condoleezza Rice to testify. The rationale given was that historically National Security Advisers had not testified before Congress. This was completely untrue, and Rice finally testified on April 8, 2004. Rice’s testimony, however, came with the price that no other White House aides were to be called.
    Bush initially placed a one hour limit on his testimony before the commission. This was rejected. But his testimony was highly conditioned. On April 29, 2004, he and Dick Cheney together met with the commission in private with no oath or transcript and only one staffer to take notes which were not to be made public.
    In an op-ed in the New York Times on January 2, 2008, chairmen Kean and Hamilton accused the CIA and the Bush Administration of obstruction by withholding information about taped interrogations of Abu Zubaydah and Abd al Rahim al-Nashiri (see item 288).
    Finally, it should be remembered the 9/11 Commission was bipartisan. This does not mean the same thing as non-partisan. In order to achieve consensus, there was a deliberate decision not to assign personal blame. This was a critical shortcoming. Because as the Bush Administration’s repeated obstruction of the investigation into its complacency and inaction before 9/11 showed, it had much to hide.

  30. Minnesotachuck says:

    Sara @ 53:
    Perhaps a Truth and Reconciliation process, a la South Africa, should be considered. It’s important to get all this shit out on the table for everyone to see simply for the sake of getting through to the dead-enders who aren’t totally impervious of skull just what went on. By offering immunity from prosecution in return for complete candor might really open the floodgates that people would otherwise fight like hell to keep closed.

  31. Mary says:

    40 – Wasn’t she the Commission’s secretary – not so much his personal secretary?

    I think he’s a mixed bag and there’s not much doubt he’s a political creature who greased the skids of Rice, if not others (including Bush-who still has never been much examined over the fact that he couldn’t make himself man enough to testify with Cheney right next to him).

    But there is also no real question that he and the CIA are more swords crossed than star crossed. I don’t have much problem with seeing how dirt could get dished on him through a seemingly unrelated author’s efforts, but targeted through some people in the agency not too happy with his public statements on torture and pushback on the destruction of the tapes.

    People don’t always pigeonhole well into good guy/bad guy slots and sometimes there is a lot of projection. No question but that I cut more slack because I find torture and disappearing people as solicited and sanctioned by the DOJ heroes and CIA “loyal Bushies/part time goons” to rate as more atrocious than cover ups of incompetence by political creatures being – creaturelike. If there were more than incompetence and personal agendas, I’d probably change my perspective. Plus, there’s no quesiton but that there was a lot of cover up going into 04. All those CIA guys who are pissed should at least thank the fact that Zelikow helped win them 4 more years on SOLs and to destroy evidence and bury the stories from public concern and spin the outcomes. ANd for me – well, he helped keep us in Iraq longer and with more and more disasters. The lifeless and limbless from Iraq and the cratered national economy are a pretty hefty offset against being publically anti-torture.

  32. AbeServer says:

    “The 9/11 Commission suspected that critical information it used in its landmark report was the product of harsh interrogations of al-Qaida operatives – interrogations that many critics have labeled torture. Yet, commission staffers never questioned the agency about the interrogation techniques and in fact ordered a second round of interrogations specifically to ask additional questions of the same operatives, NBC News has learned.”

    http://deepbackground.msnbc.ms…..24314.aspx

  33. Mary says:

    53 – Her’s would run into way too many instances of people tieing abuses to things begun under Her’s him. The South American drug program warrantless eavesdropping that got mentioned when the stories were getting to focused on Bush; the Clinton involvment in sending the Algerians to Egypt to be tortured and some executed after tortured confessions; etc.

    His’ is only interested in ‘going forward’ and being ‘all inclusive’ and on that front, the one thing that includes all in this Congress is that none of them want their own roles in torture and warmongering and lies and abdication of oversight and failure to enforce etc. examined. Bipartisan support for no accountability.

    Nothing will ever be done about any of it and almost everything will be swept under the rug and criminals and solictors of crime and cover up and obstruction throughout the Executive, Legislative and Judicial branches will be reaping rewards for years for doing horrible things and for making this a country that stands for horrible things. And the fact that, along with that, the were also able to create more and more poor, collapse the economy, indebt us to foreign governments beyond the point of any prudence and shift wealth to the top 1% here and to the ME and those who attacked up abroad — those are just little cherries and sprinkles they can all reward themselves with on their cookies.

    Resentful isn’t nearly a Germanic enough word for how I feel. Or Anglo Saxon enough for that matter.

  34. masaccio says:

    Mary is right. Nothing will be done, and we will just stew in our bile. How the hell are we supposed to tell our clients that the “law” is something meaningful, when we get our noses rubbed in its failures day after miserable day?

    • JohnJ says:

      I am sorry to say that any Attorney’s client that think there is some moral, ethical, or fairness underpinning to our laws and courts is a newcomer.

      The court system, to those of us not making lots of money off the process, is a rich kid’s gotcha game that almost randomly pulls some of us into the game. It’s kinda’ like a polo match which pulls in people passing by to be the ball, hit by rich people that are out of reach on their horses. Everyone else in the courtroom gets to go home tonight, congratulating themselves, EXCEPT the newest conscripted player. This is evidenced by the system’s method of dealing with it’s own mistakes (NOT if they can help it!)

      I do agree with a lot of the “rants” of BigBrother, especially to do with the manufactured “crimes” of drug use and the like. Does anyone else see a systemic conflict of interest to have “private” gulags prisons?

      I am not condemning everyone in the system, we actually do need deal with bad apples, it’s just that they are kind of lost in the game.

      I was talking to a friend of mine at a bar one night. He laid out for my how basically, the jury system is irretrievably broken and very rarely comes to fair decisions. I found out later, from his assistant (he wouldn’t tell me), that he was a judge and is now doing constitutional arguments before the state Supreme Court. I think that adds weight to his opinion. *g*

      As a kid, I always thought we had the greatest legal system in the world; growing up is a bitch.

  35. Sedgequill says:

    I just had a grim thought that can hardly be original. What if everyone chomping at the bit to come out out with a disclosure—on any of the areas of conduct under investigation or deserving investigation—concludes that the conclusion of this Bush term is not opportune enough, that the prospect of criminal investigations or civil actions against ranking officers of administration after the term ends necessitate staying mum for another two years or so. After all, anything one says is likely to come up under examination by prosecutors or other attorneys; moreover, there’s the prospect of uncontrollable media attention.

  36. Sara says:

    I am a fan of Stanley Kutler, the Wisconsin Law and History Prof who picked up on Watergate after impeachment was mooted, Nixon was gone, and the Ford Era of Better Feeling commenced. He has produced three massive books over the years, led the legal action necessary to getting out the Tapes and Nixon Papers, and trained a new generation of Historians up to dealing with the Watergate Era. Yep, he needed some money for travel, legal fees, Grad Student Fellowships and the like, and it was slow — he is still processing tape and paper. But now there are two and a half generations of good legal historians, and they will find positions, and train up others.

    The best thing that could happen would be for funders to identify a few Stanley Kutler’s to pick up on the Bush II Administration, locate the project at a couple of good Universities, and get to work.

  37. bigbrother says:

    laws have been broken by bush, cheney, CIA, NSA. AG and other departments. Thw whole politicisation of career AG staff is not legal and their influencing elections amd other policies in government.
    The run uo to and the iraq War, the handling of prisoners and camps. the torture that was questioned even this day by congessional committee all are reasons to investigate by impeachment powers.
    Like the grand jury process which does not remove you drom an office it reviews the evidence of alleged crimes.
    I don’t know who you commenters here are but it seems to me that practicing law has clouded your judgement. Even ib the eyes of Americans 70% see we did not have a smoking gum to attack, destro and occupy anouther sovriegn nation that has in the past been an ally against Iran ( a pawn) nevetheless. The oil that Iraqs neighbors covet is a motive for a crime. Duh.
    Please recall that Kuwait was drawing that that oil out with their straws. Cheney as head of Halliburton adn supported by oil industry leader Enron was coveting that resource yo keep the engines of corporate economy reved up.
    You plenty of motive and plenty of evidence and plenty of public outcry both domestic and international.
    Their are mountains of damage. Their has to be illegal activity to produce such monstrous human suffering.
    If you are the people that represent my constitution you should crawl baxk into your holes and do your obfuscating in your rat holes.
    These crimes were done in my and my countries name. I you can sleep with this then we no longer have a denocracy we have a barter block sinilar to the one that sold slaves to the highest bidder.

  38. bigbrother says:

    The legal community owes the american public something. The have to bring out what has been done to us and others. To took some oaths or some ethical code by which to practice or the legal community has become to law what Elmer Gantry wss to religion; a scam.

  39. bigbrother says:

    At first I was angry at the law community. Now I see what you are all facing.
    1. The US population that has been criminalised is reaching a tipping point where their behavior is so prevalent as to be legal by accepted prctices socially. I am referring to the wide class/crossing use of drugs…example the PRESIDENT OF THE USA is an admitted past drug user. Police academies have to accept candidates that have abused drugs.
    The jails are filled with people who are using drugs in a culture where big PHARMA dispenses a pill for almost every complaint.
    2.Almost the entire world sees us as criminals, thugs and bullies who RAPE, PILLAGE, STEAL AND DESTROY at will.
    When the rules of engagement become shot first and aske questions later. When the war crimes are not tried but swept under the rug.
    When Americans are not allowed to know what their governments are doing in their name. When our constitutional rights are denied by a rogue executive branch then we all know that the rule of law is not working. The world knows that the leaders of the free world have lost their moral compass. We all know that a great part of the wealth of the free…and I use the term loosely…world is owned by lawyers.
    That means you hold the ring of power.
    What other nations have done is centralize their wealth in the hands of a few just as you have done. We have created a model of power and wealth distribution that leaves most of the worlds billion in poverty. It is a fuedal system, run btycorporate governnmen not unlike the one we overthrew in the revolutionary war for american independence from Britian and the King of England. The rule of the NICE PEOPLE.
    yOU CANNOT HAVE IT BOTH WAYS… YOU CANNOT BE NICE AND CRUEL AT THE SAME TIME. You are as they say wallowing in the mire and have lost your moral compass.

  40. victoria says:

    I don’t think I want to say the Pledge any longer. At first I objected to the 1950’s inclusion of ‘under god’, now I object even more strongly to ‘with liberty and justice for all’. Now we must add “except for the Bush administration”.

  41. victoria says:

    oops, I should have limited that to ‘and justice for all’. Bush has been given plenty of ‘liberty’.

  42. TheraP says:

    from zelikow’s speech:

    the cool, carefully considered, methodical, prolonged, and repeated subjection of captives to physical torment, and the accompanying psychological terror, is immoral.

    [my italics]

    Let me offer this up. If ever there is need for someone to detail all the “psychological terror” that would result here, how the environment, and the deprivation, and the torment, and the way someone is treated, I am more than willing to sit down and write something up. Because I think too often any torture method is described as simply something physical that started and ended, without any explanation of the whole context that surrounds it and imbues it with “terror.”

    When I read these words above, it simply makes my blood run cold:

    cool,

    carefully considered,

    methodical,

    prolonged,

    and repeated

    physical torment,

    and the accompanying psychological terror

    One reads that and there can be no doubt this was purposeful, calculated, insidious, and had to have been authorized “at the highest levels” – if not, observed at the highest levels.

  43. Citizen92 says:

    Here’s the full list of the (known) Executive Staff of the 9/11 Commission. Wonder who else has an axe to grind?

    Joanne Accolla, Alexis Albion, Scott Allan, John Azzarello, Caroline Barnes, Warren Bas, Ann Bennett, Mark Bittinger, Madeleine Blot, Antwion Blount, Geoff Brown, Daniel Byman, Dianna Campagna, Sam Caspersen, Melissa Coffey, Lance Cole, Marquittia Coleman, Marco Cordero, Raj De Counsel, George Delgrosso, Gerald L. Dillingham, Thomas Dowling, Steven Dunne, Thomas Eldridge, John Farmer, Alvin Felzenberg, Gordon England, Lorry Fenner, Susan Ginsburg, T. Graham Giusti, Nicole Grandrimo, Doug Greenburg, Barbara Grewe, Elinore Hartz, Len Hawley, Christine Healey, Karen Heitkotter, Walt Hempel, Michael Hurley, Dana Hyde, Michael Jacobson, Bonnie Jenkins, Reginald Johnson, William Johnstone, Stephanie Kaplan, Miles Kara, Janice Kephart-Roberts, Hyon Kim, Christopher Kojm, Katarzyna (Kasia) Kozaczuk, Gordon Lederman, Daniel Leopold, Sarah Linden, Douglas MacEachin, Daniel Marcus, Ernest May, James Miller, Kelly Moore, Charles Pereira, John Raidt, John Roth, Peter Rundlet, Lloyd Salvetti, Kevin Scheid, Kevin Shaeffer, Tracy Shycoff, Dietrich Snell, Jonathan Stull, Lisa Sullivan, John Tamm, Cate Taylor, Yoel Tobin, Emily Walker, Garth Wermter, Serena Wille.

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