Response to the 9/11 Commissionís Second Interim Report
October 4, 2003
Access to documents and witnesses
The Second Interim Report includes contradictory statements about White House
cooperation. The report indicates that the Commission has received all
requested documents, but conversely says that the Commission is
negotiating with the White House over ďadditional sensitive documentsĒ it needs.
If the Commission is still negotiating, obviously it does not have all the
* What evidentiary documents are still outstanding?
We are told that if the President provides the requested
documents it will break a precedent of not releasing sensitive documents.
When our government failed to prevent the mass murder of three thousand
people on American soil on September 11th it also broke a precedent. Our
government, including our President, is morally obligated to answer
questions about how this attack could have happened.
* For more than two years, the families of the dead and millions of
other Americans have been waiting for accountability from our government
* In order to fully understand our nationís lack of preparedness and
response to the attack and to understand other contributing factors, the
Commission must have unconditional access to documents and witnesses throughout
the government, particularly in the executive branch which makes national security
* The ďunusual arrangements imposed for access to FBI documentsĒ should be
detailed for the American public.
Regarding particularly requested missing documents which the Commission
expected various agencies to have:
* With only eight months left to complete its investigation and write
a report, it is past time for the Commission to use the subpoena power
which Congress gave it to get full, unfettered access to all documents
* Subpoena the missing documents and question the head of each agency under oath about the requested documents.
When asked about minders by reporters, Chairman Kean admitted that in order
to have access to the witnesses, the Commission had to accept the minders.
He said the Commission staff believes no one has been intimidated by their
presence. Chairman Hamilton, however, added the caveat that it is very
difficult to tell when a witness is being intimidated by a minder.
* To preclude any hint of intimidation, no minders should be present during
the interviews. This should not be negotiable.
The three public hearings scheduled for the remainder of this year are not investigative in nature.
The issues of organization and leadership in our intelligence agencies, emergency preparedness,
and FBI reforms and intelligence gathering procedures could be discussed in closed hearings.
* What our government knew, how it acted on that information and exactly what
happened on September 11th are critical topics which should be publicly explored
in the Commissionís investigation of our governmentís failure to prevent the
murder of 3000 people.
* It is unacceptable that no public hearings are planned to probe the
Executive branch, Congressional oversight, or terrorist funding.
* The public hearing on the Day of September 11th should be held well before
its scheduled April, 2004 date. An April hearing about the actions of our
government on September 11th will not leave sufficient time to recall witnesses
or to explore questions which may arise from that inquiry before the Commissionís
May 27th deadline.
* The Commission should hold public hearings this year in which officials from
the CIA, FBI, NSC, NSA, INS, DOD and the White House are interviewed under oath.
This investigation was supposed to be hard hitting and transparent. So far it
has been neither. Instead it appears that the Commission has acquiesced to every
condition imposed by recalcitrant government officials.
Without true interim reports which reveal substantive findings, the Commissionís
investigation is opaque. With all findings withheld, no probing or embarrassing
questions will be asked prior to the release of a final report.
* Americans should be aware that before its release, the 9/11 Commissionís report
will go to the White House for review. Based on what happened with the Joint Intelligence
Committee Inquiry Report, it is entirely possible the 9/11 Commissionís report
will be withheld for months and ultimately, significant portions will be redacted
under the guise of executive privilege and top secret classification.
It is well past time for accountability from the White House and all
government agencies whose policies and actions had a bearing on September 11th.
We call on the Commission to demonstrate now that it is following its mandate
for a full accounting by releasing substantive interim reports and initiating
investigative public hearings.