Letter from Washington — From the October 2017 issue

Crime and Punishment

Will the 9/11 case finally go to trial?

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After a mere ten months, in December 2002, the Joint Inquiry team presented its report to the CIA for declassification. The agency demanded numerous cuts, only a few of which, in Graham’s view, were justified. But one section had been censored in its entirety: a twenty-eight-page summary, written by Jacobson, of the evidence relating to Saudi government support for the hijackers. It was the only area on which the Bush White House absolutely refused to relent. “The president’s loyalty apparently lay more with Saudi Arabia than with America’s safety,” Graham told me bitterly. To highlight the degree of censorship, he made sure that the published version of the report included the blacked-out pages, much to the irritation of the intelligence community.

The report concluded that the FBI, in light of its lamentable performance, deserved to be drastically reformed. But many questions remained unanswered. The 9/11 families, now emerging as a powerful lobby, called for a more sweeping probe. In November 2002, Congress had authorized another bipartisan panel, a National Commission on Terrorist Attacks upon the United States. The initial choice of chairperson for the new probe, Henry Kissinger, drew outrage from 9/11 families, particularly a formidable foursome of well-informed widows known as the Jersey Girls, who questioned his impartiality given his suspected professional ties to prominent Saudis. Rather than divulge his Saudi client list, Kissinger quit. Ultimately, the White House selected in his place two retired politicians — Tom Kean, the former governor of New Jersey, and Lee Hamilton, who had represented Indiana in the House. Neither, especially Hamilton, showed much inclination to challenge the Bush Administration’s preferred version of events.

For the post of executive director, Kean and Hamilton appointed Philip Zelikow, a historian and national security scholar with strong connections to the Bush Administration. (He had served on the Bush transition team and prepared an important policy paper for his friend Condoleezza Rice, the national security adviser.) A forceful personality, Zelikow maintained strict day-to-day control of the investigation. According to The Commission, by the former New York Times reporter Philip Shenon, Dana Lesemann, a Justice Department lawyer who had worked on the prior congressional investigation before transferring to the commission staff, asked for Zelikow’s permission to review the redacted twenty-eight pages. In Shenon’s account, he refused. Bucking his orders, she obtained them anyway, whereupon she was promptly fired.2

2 Speaking to Harper’s Magazine, Zelikow denied the account and said that Lesemann, who had a security clearance, had been fired for “violating her security agreement.” He declined to elaborate further, citing what he called a “privacy issue.” Lesemann died in March 2017.

Despite these obstacles, commission staffers did energetically pursue leads uncovered by the original probe. They were therefore frustrated when telling indications of a Saudi connection were largely excluded or downplayed in the main text of the final report. The staffers were, however, able to smuggle much of what they had uncovered into endnotes at the back of the document — an act of small-print, guerrilla-style resistance. For example, Jacobson and a colleague flew to Riyadh to interview Fahad al-Thumairy, the cleric from the Saudi Consulate in Los Angeles subsequently banned from the United States as a suspected terrorist. During the interview, with Saudi officials in attendance, Thumairy denied any connection to the plot — in fact, he disclaimed ever having met Bayoumi or the hijackers. The investigators concluded that he was “lying” and “dangerous.” The main text of the report mentions both the allegations and his denials, without coming to any particular conclusion. But lengthy endnotes specify the numerous phone calls between Thumairy and Bayoumi over several years, as well as evidence that Thumairy’s occasional chauffeur had driven Hazmi and Mihdhar, at Thumairy’s request, on sightseeing trips to Sea World and other spots.

The main conclusion from the final report was that there was “no evidence that the Saudi government as an institution or senior Saudi officials individually funded the organization.” The Saudi authorities were so pleased by this verdict that they posted the quote on the website of their Washington embassy. The published version of the report was a bestseller, nominated for a National Book Award, and hailed by the novelist John Updike as the greatest masterpiece written by a committee since the King James Bible.

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is the Washington editor of Harper’s Magazine and the author, most recently, of Kill Chain: The Rise of the High-Tech Assassins.

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