LETTER TO AGENCY RELEASE PANEL FROM (REQUESTER) RE FREEDOM OF INFORMATION ACT APPEAL
Document Type:
Keywords:
Collection:
Document Number (FOIA) /ESDN (CREST):
0001500673
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
16
Document Creation Date:
June 22, 2015
Document Release Date:
December 8, 2008
Sequence Number:
Case Number:
F-2006-00548
Publication Date:
December 9, 2004
File:
Attachment | Size |
---|---|
DOC_0001500673.pdf | 865.21 KB |
Body:
12/09/04 16:54 FAX 202 994 7005 NAT'L SECURITY ARCHIVE
The National Security Archive
The Georgia Washington University
Gelman Library, Sulte 701
2130 H Street, N.W.
Washington, D.C. 2,0037
1@002
DE0-10 04 !tt 3:41
Phone: 202/994-7000
Fax; 2021994-7005
nsarchive@gwu.edu
www.naarchive.org
(b) (6)
December 9, 2004
05-001~E 20Q41191CIA.142
IN ALL CORRESPONDENCE PLEASE REFER TO ARCEM
LL,1 ENCE AGENCY REFERENCE F-20
CENTRAL IN
Agency Release Panel
c/o Scott Koch
Information and Privw,y Coordinator
Central Intelligence Agency '
Washington, D.C. 20505
Re: Freedom of Information Act Appeal
To the Agency Release Panel:
This letter constitutes an appeal under the Freedom of Information Act, 5 U.S.C. Sec. 552, of the
determination by the Central intelligence Agency (CIA) on a request originally filed on October 5, 2004.
By letter of November 4, 2004, the CIA withheld the requested document in full under exemptions (b)(1)
(b)(3) and (b)(5) of the FOIA. (Enclosure A)
I petition the Agency Release Panel to see the exceptional public entitlement to a declassified copy of this'.
record. This report, which will outline for the American public the intelligence misjudgments and system
failures that played into the events of September 11th, is essential for honest assessments of these issues as
the public attempts to support and adjust the structure of the intelligence community. The publication of
the 9/11 Commission report signaled government acknowledgement of the exceptional collective interest
and public right to documentation of the terrorist attack.
Please note the exten,;iveness of public interest in this document. House Minority Leader Nancy Pelosi
issued a press release on October 21, 2004 calling for the declassification of the report stating "Americans
have a right to know who the Inspector General believes is responsible for the intelligence failures that
contributed to the 9/11 attacks" (Enclosure B see attached October 21, 2004 Press Release from Nancy
Pelosi). Senator John D. Rockefeller wrote to CIA Director Porter Goss voicing concern "about the
appearance that the Inspector General's independence is being infringed." (Enclosure C see attached
November 2, 2004 Now York Times article) 'In a September 23, 2004 letter sent to then acting Director
of Central Intelligence John E. McLaughlin, members of the House Intelligence Committee
Representatives Peter Hoekstra and Jane Hannan said they were "concerned that the CIA is unwilling to
hold its officers accountable for failurtr to meet the professional standards we know CIA stands for"
(Enclosure D see attached October 27, 2004 New York Times article). Survivors and family members of
those who died in the September 11 attacks, distressed over the seeming lack of accountability for
intelligence failures, rave also called for the release of the report. (Enclosure E see attached September
14, 2004 New York ')rimes article)
President George W. Bush also supported the release of further information on the events leading up to
the September 11 attacks. In a March 30, 2004 press conference, President Bush stated: "I've ordered...
An Independent non?govarnmental research Institute and library located at the George Washington University, the Archive collects
and publishes declassifcd documents obtained through the Freedom of Information Act. Publication royalties and tax deductible
contributions through The National Security Archive Fund, Inc. underwrite the Archive's Budget.
12/09/04 16:55 FAX 202 994 7005 NAT'L SECURIX ARCHIVE
cooperation because I consider it necessary to gaining a complete picture of the months and years that
preceded the murder of our fellow citizens on September the 11`', 2001." (Enclosure F White House
March 30, 2004 press release)
Also, please keep in mind that disclosure of pre-September 11th intelligence activity assessments is not
without precedent. On. December 20, 2002, the Joint Inquiry of the House Permanent Select, Committee
on Intelligence and the Senate Select Committee on Intelligence filed a report entitled, Intelligence
Community Activities Before and After the Terrorist Attacks of September 11, 2001. An unclassified
version of that report 1-as been released to the general public. A similar report conducted by the
Department of Justice was heavily relied on by the 9/11 Commission Report and the substance of this
I)OJ IG report is discussed in Chapter S.
Furthermore, traditiorLally the CIA Inspector General has released reports investigating intelligence
failures and inaccuracies. On February 18, 2000, the Inspector General released a report entitled
Improper Handling oj"Classfi ed Information by John M. Deutch (1998-0028-IG). On February 18, 1997,
the inspector General released Volumes I and II of a report entitled inspector General's Survey of the
Cuban Operation and Associated Documents.; On January 29, 1998, the Inspector General released an
overview entitled Report of Investigation Concerning Allegation of Connections Between CIA and The
Contras in Cocaine Tr?afcking to the United States (96-0143-IG). According to the CIA Factbook on
Intelligence:
The Office of Ins pector General (OIG) promotes efficiency, effectiveness, and accountability in the
administration of Agency activities. 0IG also seeks to prevent and detect fraud, waste, abuse, and
mismanagement. The Inspector General is nominated by the President and confirmed by the Senate.
The Inspector General, whose activities are independent of those of any other component in the
Agency, is subordinate only to the DDCI and the DCI and reports directly to the latter. 0IG conducts
inspections, inveftigations, and audits at Headquarters and in the field, and oversees the Agency wide
grievance-handling system. The OIG provides a semiannual report to the DCI which the DCI is
required to submit to the Intelligence Committees of Congress within 30 days.
Further delay in release of an unclassified version of this report undermines the Inspector General as an
autonomous entity independent of entrencbec Agency interests, as well as undermining the fundamental
nature of the FOIA at it denies the IG office its public duty of maintaining accountability at the Agency.
This September 11th Report specifically handles the issues of mismanagement, inefficiencies, and
inadequacies - subjects that the Inspector General is required to report-about to the public - in particular
when such inadequacies have proven to pose a threat to public safety.
Amore complete pie Lure of past mistakes will serve to guard the American public against future and
possibly fatal intelligence mismanagement and therefore, I urge the Appeal Review Panel to reconsider
the initial decision to withhold the CIA Inspector General Report in its entirety.
I appreciate your consideration ofthis appeal-and I look forward to your res onse. If you have any
questions or concerns, release rcutact me at or a Thank you.
.Sincerely,
)Freedom. of Information Coordinator
12/09/04 16:55 FAX 202 994 7005 NAT'L SECURITY AR 1VE
QWdjOAZwwAVnW
4 November 2004
The National Security Archie
Gelman Library, Suite 701
2180 H S5treet, N.W.
Washington, D.C. 20037
Reference: F-2005-00136 (Archive No. 20041191CIA142)
Dear
This acknowledges receipt of your 5 October 2004 Freedom of
Information Act (FOIA) request for:
The June 2004 CIA Inspector Generals Report on the
events of September 1L, 2001.
We ass fined your request the number referenced above. Please refer to this
number in future correspondence about this request.
We completed a thorough search for records responsive to your request
and located material that we determined is properly classified and must be
denied in its entirety on the basis of FOIA exemptions (b)(1), (b)(3), and (b)(5).
You have the .right to !appeal this decision by addressing your appeal to
the Agency Release Panel within 45 days from the. date of this letter, in my
care. Should you choose to do this, please explain the basis of your appeal.
Sincerely,
Scott Koch
I3afoxtnatson and Privacy Coordinator
12/09/04 16:55 FAX 202 994 7005 NAT'L SECURITY ARCHIVE l?1005
House Democratic Leader Nancy Pelosi
httpJ/dmwcmticieader bouse-gov/press/releases.cfm?presBRolean...
Demeeratle priodtles are clear. we will fight to
at the economy back an track, we will create
ass, and we will 11e10 unemployed waiters. "
!RES. RESOURCES
FOR iMM^DIATE REILIASE
October 21, 2004
CONTACT:
Brendan Daly
202-226-7616
Pelosi: CIA Must Release Inspector General Report on Pre-9111
Intelligence Failures
Washington, D.C. - House Democratic Leader Nancy Pelos! Issued the following
statement today callin it for the immediate release of the CL4 Inspector General's
report examining the Agency's performance before the Sept. 11 terrorist attacks:
"One of the critical recommendations of the Joint Inquiry of the House and
Senate Intelligence G:-mmlttees Into.the September 11th terrorist attacks
concerned accountability.
"The members of the joint inquiry -- which I helped lead with then-Congressman
Porter Goss, now head of the CIA -- believed that the Inspector General must
examine the job performance of Individuals in the Intelligence community and
hold them accountable for any mistakes that contributed to the failure to prevent
the attacks.
"It is Inexcusable that nearly two years after that recommendation was made,
the Inspector General's report still has not been released. Americans have a right
to know who the Inspector General believes is responsible for the intelligence
failures that contributed to the 9/11 attacks.
"Knowing how essential Mr. Goss felt the accountability recommendation was
when he co-chaired the joint Inquiry, I urge him to,make the Inspector General's
report available Immediately to Congress and to the American people."
FIND OUT THE LATEST
Get the latest news and Info from
the House Democratic Leader.
your email:
Edit Your Profile
WIEA5 i4G RATS ARE
" Current rules require that bills be
available to be read for at least
three days before coming to a vote.
Unfortunately, those rules are
routinely overridden by the
Republican majority, leaving only a
few hours to read bills that are
thousands of pages in length and
spend hundreds of billions of the
people's dollars. The only way to
guarantee that Congress knows
what It Is passing is to ensure that
Members have time to read and
debate the bills on which they are
being asked to vote. ?
Rep. Orion Baird (D-WA)
SPEAK UPI
Do you think that giving Members of
Congress adequate time to read a
bill before voting on it Is necessary
in their decision-making process?
0 Yes, I think that it is
necessary.
,j No, I do not think that It Is
necessary.
your email:
About NsiC Pelee I Press Resources I L'eyielativ Calendar I Sseues I en Espanol I Member Resources
Home I Edit Your Profile I Email This Page I Site Map I Search the site: Search
12/09/04 16:55 FAX 202 9947005 NAT'L SECURITY ARCHIVE IJ 006
LcxisNexis(TM) Academic - Document
lRetUm to Full
LexisNexis'"' Academic
Copyright 2004 PR Newswire Association LLC.
All Rights Reserved.
PR Newswire US
October 21, 2004 Thursday
LENGTH: 243 words
HEADLINE: Pelosii: CIA Must Release Inspector General Report on Pre-9111 Intelligence Failures
DATELINE: WAS:kiINGTON Oct- 21
BODY:
WASHINGTON, Oct. 21 /PRNewswire/ -- House Democratic Leader Nancy Pelosi issued the
following statement today calling for the immediate release of the CIA Inspector General's report
examining the agency's performance before the Sept. 11 terrorist attacks:
"One of the critical recommendations of the 'oint Inquiry of the House and Senate Intelligence
Committees. into the September 11th terrorist attacks concerned accountability.
"The members of the joint inquiry -- which I helped lead with then- Congressman Porter Goss, now
head of the CIA -- believed that the Inspector General must examine the job performance of
individuals in the intelligence community and hold them accountable for any mistakes that contributed
to the failure to prevent the attacks.
"It is inexcusable that nearly two years afterithat recommendation was made, the Inspector General's
report still has not been released. Americans have a right to know who the Inspector General believes
is responsible for the intelligence failures that contributed to the 9/11 attacks.
"Knowing how essential Mr. Goss felt the accountability recommendation was when he co-chaired the
joint inquiry, I urge him to make the Inspector General's report available immediately to Congress
and to the American people."
CONTACT: Brenduan Daly of the Office of House Democratic Leader Nancy
Pelosi, +1-202-226-7616
Web site: http://der?tocratioleader.house.gov/
SOURCE Office of House Democratic Leader Nancy Pelosi
URL: http://www.pmewswire.com
1 of 2 1 12/3/200411:26 AM
12/09/04 16:56 FAX 202 994 7005
LexisN Texi9(M) Academic - Docu3:aenc
NAT'L SECURITY ARCHIVE II007
http://Web.lexis-nexis.com/universe/printdoc
4Retum to Full
LexlsNexis"" Academic
Copyright 2004 Thhe New York Times Company
The New York Times
November 2, 2004 Tuesday
Late Edition - Final
SECTION: Section A; Column 5; National Desk; Pg. 16
LENGTH: 1009 words
HEADLINE: C I.A. Chief Seeks Change In Inspector's 9/11 Report
BYLINE: By DOUGLAS JEJIL
DATELINE: WASI 1NGTON, Nov.1
BODY:
The director of centc-al intelligence has asked the CI.A.'s inspector, general to modify a draft report on
the Sept. 11 attacks to avoid drawing conclusions about whether individual C.I.A. officers should be
held accountable for any failures, Congressional and intelligence officials said Monday.
The request by Potter J. Goss, the intelligence chief, would affect an 800-page report that is the result
of nearly two years of work. Congressional officials said they were reviewing Mr. Goss's request,
spelled out in an Oct. 27 memorandum to the inspector general, John Helgerson, to determine whether
it was consistent with a request by the joint Congressional committee that looked into the Sept. 11
attacks.
That panel asked in December 2002 that the Central Intelligence Agency's inspector general
determine "whether and to what extent personnel at all levels should be held accountable" for any
mistakes that contributed to the failure to disrupt the attacks. Mr. Helgerson's draft report is widely
understood to identify officers and officials who*should be considered for discipline because of
breakdowns in the collection, analysis and distribution of intelligence before the attacks.
The draft report w4v s completed in July, but it has not yet been shared with the individuals named in the
document. That step has been delayed for the last 90 days to allow time for Mr. Goss, who took office
in September, and his predecessor, John E. McLaughlin, to review the document. In recent weeks,
members of Congress, both Democrats and Republicans, have complained to Mr. Goss about the delay.
The disclosure of the request from Mr. Goss represents the first indication of how he intends to
approach the issue.
1 of 3 12/3/200411:37 AM
12/09/04 18:56 FAX 202 994 7005 NAT'L SECURITY ARCHIVE
LexisNexis(TM) Academic - Docw,aent
6008
http://weblexis-nexk.convunivene/printdor
As the Ci.A-'s Inspector general, Mr. Helgerson is an independent internal investigator, subject to
presidential appointrn.ent and Senate confirmation. According to Congressional and intelligence
officials, Mr. Goss w;wts to limit the report to findings of fact, deferring judgments about who should
be held accountable lo a separate inquiry by an internal C.I.A. panel known as an Accountability
Review Board, whiclt is typically composed of senior agency managers.
An intelligence official said that lilt. Goss had requested only that Mr. Helgerson "consider" making
changes in the "formatting and presentation" of the draft report as he believed appropriate. "Ultimately,
it is the call of I.O. to decide how to proceed," the intelligence official said-
But any recommendation from Mr. Goss would carry significant weight, Congressional and intelligence
officials said, because Mr. Helgerson, as an independent internal investigator, reports both to the
intelligence chief and to Congress.
Congressional officials critical of Mr. Goss's1request said they saw it as inconsistent with Congress's
intent that the Inspector general, not an internal board, determine who, if anyone, should be held
responsible for error,; related to the Sept. 11 attacks. Among the actions highlighted in previous
inquiries by Congress and an independent commission have been the failure of C.I.A. and F.B.L
personnel to share information in summer 2001 that should have put some of the hijackers on a
government watch list.
Senator Bob Graham of Florida, a Dennocrat;who was co-chairman of the joint Congressional panel on
the Sept. 11 attacks, said in an interview that he regarded Mr. Goss's request as "reasonable" to protect
"the due process rights of the individuals involved." As the chairman of the House Intelligence
Committee until this summer, Mr. Goss was;the other co-chairman of the joint committee.
Representative Jane Harman of California, the top Democrat on the House Intelligence Committee, was
also a member of the joint panel. In response to a question about Mr. Goss's new request, Ms. Harman
did not comment directly, but issued a statement saying that "it's past time for Congress to receive this
report."
The convening of an internal board to consider possible disciplinary action represents standard practice
for the agency in m;,afters of possible wrongdoing, intelligence officials said. They said such a board was
usually convened by the C.LA.'s executive director, the No. 3 official, customarily after the completion
of an inspector general's report.
W. Helgerson's report is to be made final after he shares his findings with people named in the draft,
who will be asked to submit comments, an intelligence official said. But W. Helgerson must now
decide whether he or the panel of senior C.I.A. officials should draw conclusions about individual
responsibility.
Mr. Goss informed the leaders of the Senate and House Intelligence Committees about his request in an
Oct. 27 letter, according to the Congressional and intelligence officials. He also gave the committees
copies of his Oct. 27 memorandum to Mr. Helgerson, the officials said.
The officials described both letters as unclassified, but neither the C.I.A. nor the Intelligence
Committee leaders would make them public, saying that would violate the panel's rules. The
intelligence and Congressional officials who described the documents had all read the letter, and they
2 of 3 12/3/2004 11:37 AM
12/09/04 16:56 FAX 202 994 7005
LexisNexis(TM) Academic - Docw:ient
{ T T' L SECURITY ARCHIVE 11009
http://weblexis-nexis.comhmiverse/printdoc
included both supporters and critics of Mr. Goss's request.
Ina Sept. 23 letter to Mr. McLaughlin, Ms. Darman and the top Republican on the House Intelligence
Committee, said they were "concerned that the C.I.A. is unwilling to hold its officers accountable for
failures to meet the professional standards we know the C.I.A. stands for. Last week, the top Democrat
on the senate Intelligetce Committee, John D. Rockefeller IV of West Virginia, wrote. separately to Mr.
Goss, expressing concern "about the appearance that the inspector general's independence is being
infringed."
Senator Pat Roberts, Republican of Kansas and chairman of the Senate Intelligence Committee, did not
sign Mr. Rockefeller's letter. But a spokeswoman for Mr. Roberts said last week that "Senator Roberts
has already made it clear to the agency that he expects to see the report upon its completion,"
URL: http://www.ny timnes.com
LOAD-DATE: November 2, 2004
3 of 3 12/3/2004 11:37 4.34
12/09/04 16:56 FAX 202 994 7005 NAT'L SECURITY ARCHIVE Ij010
LexisNexis(TM) Academic - Document
IRetum to Full
LexiSNexisTM Academic
i
bttp://web.lexis-nexis.co=AmiverBe*intdoc
Copyright 2004 The New York Times Company
The New York Times
October, 27, 2004 Wednesday
Late Edition - Final
SECTION: Section A; Column 4; National Desk; Pg. 18
LENGTH: 730 words
HEADLINE: W.A. is Accused of Delaying Internal Report
BYLINE: By DOUGLAS JEHL
DATELINE: WASHINGTON, Oct. 26
BODY:
The Central Intelligence Agency has blocked, at least temporarily, the distribution of a draft internal
report that identifies individual officers by name in discussing whether anyone should be held
accountable for intelligence failures leading up to the Sept_ 11, 2001, attacks, members of Congress
from both parties said.
The delays began in July, at the direction of John E. McLaughlin, then the acting director of central
intelligence, and have continued since Porter J. Goss took over as the intelligence chief last month,
members of Congress said. The delays have postponed the next step in the process, which calls for the
draft report to be reviewed by affected individuals.
It is not known who is named in the report, conducted by the C.LA. s inspector general, an
independent internal investigator. The review was sought in December 2002 by the joint Congressional
committee that investigated intelligence failures leading up to the Sept. 11 attacks. The purpose, that
panel said, should be to determine "whether.and to what extent personnel at all levels should be held
accountable" for any mistakes that contributed to the failure to disrupt the attacks.
In a Sept. 23 letter to Mr. McLaughlin, the top Republican and Democrat on the House Intelligence
Committee, Represtmtatives Peter Hoekstra iof Michigan and Jane Harman of California, said they were
"concerned that the C.I.A. is unwilling to hold its officers accountable for failures to meet the
professional standards we know C.I.A. stands for." On Tuesday, the top Democrat on the Senate
Intelligence Committee, John D. Rockefeller N of West Virginia, wrote separately to Mr. Goss,'
expressing concern "about the appearance that the inspector general's independence is being
infringed."
d
I of 2 12/3/200411:30 AM
12/09/04 16:56 FAX 202 994 7005
LexisNexis('TM) Academic - Docw?nent
NAT' TRITY ARCHIVE Roil
ht[p://Wcb.lexis.nods.com/umvene/pLbtdoc
Neither letter has been made public, but copies were obtained Tuesday by The New York Times. In
both letters, the members of Congress cited as evidence of the delays identical letters sent to the
intelligence committees on Aug. 31 by John Helgerson, the C.I.A. inspector general. The members of
Congress described the delays as a departure from normal procedure.
A C.I.A. spokesman declined to comment about the status of the report. An intelligence official said
that Mr. Goss had asked to review the draft himself before it was distributed further. The official would
not address the question of who might be named in the document but said, "No C.I.A. official, current
or former, has been found accountable, because we're talking about a draft."
Senator Pat Roberts, of Kansas Republican v?ho is chairman of the Senate Intelligence Committee, did
not sign the letter that Mr. Rockefeller sent. A Republican Congressional official said that Mr. Roberts
did not yet believe tl+.,at the postponement of the report was a matter for concern and said the delay was
"uncommon but not abnormal."
Sarah Little, a spokeswoman for Mr. Roberts, said: "Senator Roberts is closely monitoring the progress
of the C.I.A. inspector general's report on 9/11. Senator Roberts has already made it clear to the
agency that be expects to see the report upon its completion."
That Mr. Hoekstra acid Ms. Harman had called on the C.I.A. to release the report had been previously
disclosed, but not the contents of the letter. In it, Mr. Hoekstra and Ms. Harman said that Mr. Helgerson
had indicated that Mr. McLaughlin had broken with normal practice and directed him "not to distribute
the sections of the report that identify individual officers by name."
A spokesman for Goorge J. Tenet, who stepped down in July after seven years as director of central
intelligence, said that Mr. Tenet had not been interviewed for the draft report, had not been briefed on
its contents and had not been. asked to respond to it.
James L. Pavitt, who retired in August as the C.I.A: s deputy director of operations, also said he had not
seen the report and had not been asked to respond to it. Mr. Pavitt said in an e-mail message: "We
failed to stop the I 1 September attacks. It surely was not for lack of effort, lack of focus or lack of
courage."
"Given what we now know, in all the hindsight of the year 2004, I still do not believe we could have
stopped the attacks," Mr. Pavitt added. "If there is to be blame, it belongs with me, not with the
remarkable folks who worked the counterterrorism issue day in and day out."
URL: http://www.nytimes.com
GRAPHIC: Photo-,: Porter J. Goss, above, and John E. McLaughlin, left with Senator Susan Collins of
Maine, have drawn criticism for their handling of a report on the C.I.A. (Photo by Alex Wong/Getty
Images)
LOAD-DATE: October 27, 2004
2 of 2 12/3/200411:30 AM
12/09/04 16:56 FAX 202 994 7005 NAT'L SECURITY ARCHIVE
LcxisNexis(TM) Academic - Document
IReturn to Full
Lex1sNCx1s7 Academic
[x012
http://web.lexis-nexis.comhmversetp=tdoc
Copyright 2004 The New York Times Company
The New York Times
September 14, 2004 Tuesday
Late Edition - Final
SECTION: Section A; Column 1; National Desk; Pg_ 18
LENGTH: 900 words
HEADLINE: Review at C.I.A. and Justice Brings No 9/11 Punishment
BYLINE: By DOUGLAS JEHL and ERIC LICHTBLAU
DATELINE: WAS I INGTON, Sept. 13
BODY:
Internal reviews still under way at the Central Intelligence Agency and recently completed at the
Justice Department, examining their performance in the runup to the Sept. 11 attacks, have not resulted
in any disciplinary actions, government officials said on Monday.
The reviews were sought in December 2002 by the joint Congressional committee that investigated
Sept. 11 events- The purpose, it said, should-be to determine "whether and to what extent personnel at
all levels should be held accountable" for any mistakes that contributed to the failure to disrupt the
attacks.
Neither review has been made public. Intelligence officials said that a draft of the C.I.A. report was
completed in July but that a finished version had been delayed in response to questions from the
agency's acting director. The final Justice Department report was also completed in July, however, and
officials who have seen it say it stops short of recommending disciplinary action.
Both reports have been eagerly awaited by members of the House and Senate Intelligence Committees
and by relatives of those killed on Sept. 11, X001. The families in particular have complained that
government official s have not been held accountable for mistakes that contributed to the attacks.
The issue of accountability is expected to be raised on Tuesday when Representative Porter J. Goss
appears before the Senate Intelligence Committee for a confirmation hearing. Mr. Goss, Republican of
Florida, is President: Bush's nominee for director of central intelligence, and as chairman of the House
Intelligence Committee until August, he was a co-chairman of the joint Congressional inquiry into Sept.
11.
1 of 3 12/3/2004 2:53 PM
12/09/04 18:57 FAX 202 994 7005 NAT'L $ECURITY ARCHIVE 21013
httpJ/web.lexis-ncxis.com/i miversed r1ntdoc
LexisNexis(Tlo Academic - Do='Ient
That no government Officials have been disciplined over Sept. 11 failures has angered survivors, several
of whom pressed Mr. Goss on the issue in a private meeting weeks ago_
'Three thousand people were killed on 9/11, and no one has been held accountable," Kristen
Breitweiser, whose husband died at the World Trade Center, said in an interview Monday. Ms.
Breitweiser said the intelligence overhaul now under discussion in Washington would be essentially
meaningless "unless you get rid of the peopl? who were shown to be incompetent on 9/11."
But counterterrorism officials say that the problems were systemic and that it would be foolhardy for
survivors or lawmakers to hold individuals responsible for broader organizational shortcomings.
"You can't lay the blame for 9/11 on any one:person," said a senior official of the Federal Bureau of
Investigation. "No one has demonstrated that, it was any one person's fault. A lot of these problems were
systemic, whether it was a technological issue or a misreading of the law. You can't lay that on one
It is now unclear whether the findings from. either report will be shared with Congress or the White
House before the presidential election, government officials said
The draft of the C.I.A. report, by the agency's inspector general, was submitted to John E.
McLaughlin, the acting director of central intelligence, about eight weeks ago, intelligence officials
said. But it has since been returned to the inspector general with a request "for more information," one
of the officials said.
The intelligence officials would not say whether the draft had recommended any disciplinary action,
when Mr. McLaughlin issued his additional request or when the final report might be completed. Two
senior Congressional officials said they were seeking explanations from the agency about reasons for
the delay.
The inquiries focus :.n part on the failure of C.I.A. and F.B.Y. personnel to share information in the
summer of 2001 that should have put some of the Sept. 11 hijackers on a government watch list.
The Justice Department's report was completed two months ago, and reference was made to it in the
final report of the Sept. 11 commission. But it remains highly classified, and members of Congress
have been pressing (`or the release of a declassified version.
One issue that has complicated the issuing of such a version is the possibility that the material.would
taint the pending criminal trial of Zacarias Moussaoui, charged with conspiracy in the attacks.
The report, officials who have read it or been briefed on it say, centers on three cases of missed
warnings before Sept. 11: the apprehension of Mr_ Moussaoui in Minneapolis, warnings about flight
schools from an F.E.I. agent in Phoenix and, the fruitless search for two terrorism suspects living in San
Diego who went on to take part in the hijackings.
The report, the officials say, reviews what by now has become well-covered ground in the three
incidents, but also provides some new details about miscommunications, inaction and other problems.
Among those of whom the findings are critical in the Moussaoui case, for instance, are some officials in
2 of 3 12/3/2004 2:53 PM
12/09/04 16:57 FAX to 994 7005 NAT' L SECURITY ARCHIVE 9 014
LexisNexis(TM) Academic - Document http://web.lexis-nexis.com/universe/pnntdoc
the F.B.Z. unit that monitored the actions of Islamic radicals,
Mr. Moussaoui, having enrolled in flight school, was taken into custody on an immigration charge the
month before the attacks. But efforts to search his computer were bottled up by misunderstanding of
federal intelligence l;tw, poor communication within the F.B.I. and other issues.
"The inspector general's report comes down on people and finds mistakes in areas where they went
wrong," said one govemment official who has read it. "It doesn't leave anyone out."
URL: http://www.nytimes.com
LOAD-DATE: September 14, 2004
3 of 3 12/3/20042:53 PM
12/09/04 16:57 FAX 202 994 7005 NAT'L SECURITY ARCHIVE II015
President Anno mCes Rice to Provide Public Testimony to Commission htip:J/www.whiuhouse.gw/news/rcleas?s/2004/03Jpriat/20040330-7---
OCIO
Presldsrit George W. Bush
For Immediate Release
Office of the Press Secretary
March 30, 2004
President Announces Rice to Provide Public
Testimony to Commission
Statement by the President
The James S. Brady Briefing Roorn
Click to Print
this doc nle* t
Presidents Remarks
H view
4: listen
4:46 P.M. EST
THE PRESIDENT: Today I have informed the Commission on Terrorist Attacks Against the United
States that my National Security Advisor, Dr. Condoleezza Rice, will provide public testimony. I've
also advised Chairman Kean and Vice Chairman Hamilton that Vice President Cheney and I will
jointly meet with all. members of the commission in a private session.
This commission he s been charged with a crucial task. To prevent future attacks, we must understand
the methods of our enemies. The terrorist threat being examined by the commission is still present,
still urgent and still demands our full attention.
From the day the penel was created, I have directed executive branch agencies and members of my
staff to cooperate with the commission. Recognizing the exceptional nature of this inquiry, we have
given commission members access to relevant presidential daily briefings, to my communications
with foreign leader., and to internal White House communications.
More than 800 members of the administration have been interviewed. More than 20 White House
officials have met with the commission, or soon will do so. Dr. Rice, herselty has already met privately
with the commission for four hours. I've ordered this level of cooperation because I consider it
necessary to gaining a complete picture of the months and years that preceded the murder of our
fellow citizens on September the I nth, 2001.
As the commission has done its work, I've also been concerned, as has Dr. Rice, that an important
principle be upheld: A President and his advisors, including his advisor for national security affairs,
must be able to con:tmunicatc freely and privately, without being compelled to reveal those
communications to the legislative branch. This principle of the separation of powers is protected by
the Constitution, is recognized by the courts and has been defended by Presidents of both political
parties.
We have observed this principle while also seeking ways for Dr. Rice to testify, so that the public
record is full and a;-.curate. Now the commission and leaders of the United States Congress have given
written assurances that the appearance of the National Security Advisoi will not be used as precedent
in the conduct of future inquiries. The leaders of Congress and the commission agree -- they agree
with me that the circumstances of this case are unique, because the events of September the 11th,
2001, were unique.
At my direction, Judge Gonzales has inf naed the commission that Dr. Rice will participate in an
1 of 2 12/8/200411:52 AM
12/09/04 16:57 FAX 202 994 7005 NAT'L SECURITY ARCHIVE II016
President Announces Rice to Provide Public Testimony to Commission http://www.whitchouse.gov/news/roleases/2004/O3Yorint/20040330-7:..
open public hearing. Our nation must never forget the loss or the lessons of September the 11th, and
we must notassume that the danger has passed. The United States will confront gathering dangers to
our freedom and security. The commission, knows its responsibility: to collect vital information and to
present it to the American people- And I know my responsibility, as well: to act against the continuing
threat and to protect the American people. I have made that pledge to my fellow citizens, and I will
keep it.
Thank you.
END 4:50 P.M. EST
Return to this article at:
http://www.whitabo!ne Rov/news/releases/2004/03/20040330-7.htnil
Pdnt
lhto docun at
2 of 2 12/8/200411:52 AM
12/09/04 16:54 FAX 202.994 7005 NAT'L SECURITY ARCHIVE.
~~1E0
hr tth
The Natiorlai Security Archive
The George Washington University
Getman Library. Suite 701
2130 H Street, NW
Washington, DC 20037
FAx covER SHEET
Date: December 9, 2004
To: ATTN: Appeals Review Panel
Organization: Central Intelligence Agency
From: The National Security Archive
Phone: 2021994-7000
Fax: 2021994-7005
nsarchiv@gwu.edu
http://www. nsarchive.org
Number of pages (including cover sheet) 16
if there is a problem with this transmission,.please call us at 202-994-7000 as soon as
possible.
Message: FOI/Ai, Appeal Attached
National Security Archive # 20041191 CIA142
Central Intelligence Agency File # F-2005-00136
An Independent non-governmental researth institute and library located at the George Washington University,
the Archivii collects and publishes declasediied documents obtained through the Freedom of Infomhation Act
Publication royalties and taxdeductibla contributions through The National Securely Archive Fund. Inc. underwrite the Archive's budget