fo b4 commission meeting 3-2-04 fdr- tab 1- minutes of the february 24 2004 meeting 158

8/14/2019 FO B4 Commission Meeting 3-2-04 Fdr- Tab 1- Minutes of the February 24 2004 Meeting 158

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N A T I O N A L C O M M I S S I O N O NT E R R O R I S T A T T A C K S O N T H E U N I T E D S T A T E S

Minutes of the February 24, 2004 MeetingThe Chair called the Commission to order at 9:08 a.m. All Commissioners were inattendance.NYT Article on Al Shehhi. The Executive Director discussed that morning'sNew YorkTimes story on Marwan al Shehhi. He noted that the story is generally accurate and that itis truly an ongoing investigation. Commissioner Kerrey asked why the ExecutiveDirector acknowledged knowledge of the story, and he replied that it was important forthe credibility of the Commission to state it was investigating the topic. CommissionerKerrey suggested that the Commission not comment on such matters. CommissionerRoemer stated that it was best for such acknowledgements to come from the Chair.Commissioner Ben-Veniste inquired as to who leaked the story, and asked if the leak hadanything to do with Team 1 A's recent visit to Germany. The Executive Director statedthat he did not know the source of the leak, but that he believed it did not come from theCommission. Senior Counsel Susan Ginsburg provided a snapshot of U.S.-Germancooperation on counterterrorism issues prior to 9-11. Commissioner Gorelick noted atheme emerging from the German and Kuala Lumpur stories: deference to the field and alack of coordination from headquarters.Minutes. Commissioner Kerrey expressed his displeasure with the appendix detailing thehistory of PDB negotiations and inquired as to who had drafted it. The Deputy ExecutiveDirector stated that he had drafted the appendix at the request of the Chair and ViceChair. Commissioner Kerrey stated that the White House had broken the agreement"wide latitude means wide latitude." He added that he remained in favor of a subpoena.Commissioner Ben-Veniste asked about recreation of the August 6, 2001, PDB and thePD B headlines. Commissioner Gorelick stated that it was possible to do so. TheExecutive Director stated that the White House would oppose such a recreation, butagreed with Commissioner Gorelick. Commissioner Ben-Veniste moved that theCommission recreate the August 6 PDB and the headlines. The Commission agreed byconsensus. Commissioner Gorelick agreed to undertake the task.Commissioners Ben-Veniste, Gorelick, Kerrey, and Roemer stated that they wouldsubmit amendments to the Minutes subsequent to the meeting.TeamOne Presentation. Team Leader Doug MacEachin delivered a TS/SCIpresentation on the status of his team's work and investigative findings thus far. Teammembers Yoel Tobin, Tom Dowling, Nicole Grandrimo, and Sarah Linden participated inthe presentation.

COMMISSION SENSITIVE


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Team Four Presentation. Team Leader John Roth delivered a SECRET-levelpresentation on the status of his team's work and investigative findings thus far. Teammembers Doug Greenburg and Serena Wille participated in the presentation.Security Briefing. Graham Giusti, the Commission's Chief of Security, provided a briefpresentation regarding the security challenges the Commission will face as it nears theend of its work. He distributed a copy of the February 10 Newsweek article by MichaelIsikoff, and explained that, in his judgment and the judgment of others in the intelligencecommunity, the information divulged provided a "frame of reference" (subjects,numbers, and time) and was therefore classified.The Chair restated his long-held position that leaks could destroy the credibility of theCommission. Commissioner Ben-Veniste concurred.Commissioner Gorelick asked what impact, if any, Steve Coil's new book would have onthe Commission's declassiflcation efforts. In a similar vein, Commissioner Ben-Venistenoted a recent AP story that was likely based upon information leaked from KSMdebriefings. The Vice Chair noted the fact that something hasbeen published doesn'tgive the Commission an excuse to discuss it publicly. Giusti replied that the newdisclosures might have practical advantages as the Commission seeks clearance of thefinal report, but he agreed with the Vice Chair's assessment.In regard to the final report, the Executive Director stated that the burden will be on theexecutive branch to prove why the disclosures could damage national security.Commissioner Lehman observed that executive branch has the sole power to classify anddeclassify information. Commissioner Gorelick noted that the Commission intended tosubmit a list of categories for declassification that will receive high-level attention inadvance of the pre-publication review process. The Chair concluded that discussion ofthese matters would be ongoing.Access Issues. The Chair reported on two recent conversations with Judge Gonzales.

1. The White House spoke at length with Speaker Hastert regarding the extension.They conveyed that the Speaker's opposition is sincere, but he's taken theposition that he will not block an extension. Commissioner Roemer expressed hisconcern that the Speaker might be reversing his position, but the Chair assuredCommissioner Roemer, based on his conversations with the White House, that theWhite House was certain about his position. The White House thinks that theextension will pass.The Chair spoke to Senator McCain. McCain both thanked and commended theCommission on its work thus far. The Senator stated that he would try to attach atwo-month extension to the transportation extension that week.



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COMMISSION SENSITIVE2. The Chair reported that the White House had granted its request to allow theChair and Vice Chair to review the larger body of PDB items. The Chair and ViceChair will implem ent this agreement.3. The President agreed to meet with the Chair and Vice Chair for one hour. TheComm ission can choose to have a note taker or a stenographer.

The Executive Director reported that the Vice President is willing to meet with the Chairand Vice Chair, accompanied by one staffer. The OVP prefers that the meeting not givethe appearance of public testimony. They are agreeable to a 90-m inute meeting, but theVice President will give more time if necessary.The Execu tive Director reported that former President Clinton had agreed to a three-hourmeeting with the Commission at the K Street office. The staff is considering dates towardthe end of March, in close proximity to scheduled Commission meetings. They did notdiscuss notetaking restrictions. Neither Clinton nor Gore had rejected a publicappearance.The staff distributed a letter from Judge G onzales declining the Commission's request forthe National Security Advisor's public testimony. Commissioner Ben-Veniste suggestedthat the C omm ission consider issuing a subpoena for Dr. Rice's public testimony.Commissioners Ben-Veniste and Gorelick added that the Commission needs to schedulea second interview because the first interview predated the full Commission's access toPD B material. He noted that she had agreed to a second interview during the first sessionon February 7.Comm issioner Roemer stated that he was disappointed with Dr. Rice's response. Hefound her to be forthcoming and helpful in the interview. He stated that theCommission's options were to subpoena Dr. Rice or compel her testimony with publicpressure. He added that the prospect of having Dick C larke speak for the Bushadministration may prompt the Wh ite House to reconsider. C ommissioner Fieldingagreed that the N ational Security Advisor would make a terrific witness and that herabsence from the hearing would leave a big hole in the hearing line-up; however, theCommission cannot force an EO F employee to testify.The Vice Chair stated that he had made the case to the White House repeatedly on theissue of Dr. Rice's public appearance. He noted that receiving her pub lic testimon y wasimportant, but it w as not critical to achieving the Com mission's m andate. CommissionerGorelick conceded that the Commission may not elicit an additional fact for the report,but her appearance was nonetheless very important. The General Counsel stated that theWh ite House would not comply with a subpoena. He added that the C omm ission'soutside counsel believes that the Com mission's position is not as strong now that it hasreceived private testimony.Com missioner Gorton stated that if the Commission issues a subpoena to the WhiteHouse for Dr. Rice's pub lic testimony, the Speaker will bury the extension.



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Commissioner Roemer stated that the first course of action was to issue a statementexpressing the Commission's disappointment.Commissioner Roemer recommended that the Commission issue a statement that:

1) Makes a strong bipartisan statement on the extension.2) Urges the President and Vice President to meet with the entire Commission.3) Expresses disappointment regarding Dr. Rice's decision.

The Chair and Vice Chair stated the Commission should focus first on the extension.Commissioners Gorton and Roemer observed that 60-day extension was likely to passwithin the next 24-48 hours. A consensus of the Commission supported issuing astatement along the lines of Commissioner Roemer's recommendation.Commissioner Ben-Veniste inquired as to the status of dissemination of the PDB reportto staff; investigation of Moussaoui and al Qaeda links; and follow-up with keyconspirators.On the issue of staff access to the PDB report, the Chair expected that the Commission'srequest would be viewed favorably. The Executive Director added that the Commissionhas already provided the White House with a list of staff names (Marcus, Kojm,MacEachin, Scheid, and Hurley) and detailed justifications for providing them access.The Executive Director described staff follow-up on the PDB information on Moussaoui,and provided a brief report on the process of obtaining information from certainindividuals in USG custody.TheVice Chair agreed to hold a two-hour meeting with the families.The Chair adjourned the meeting at approximately 4:15 p.m.


fo b4 commission meeting 3-2-04 fdr- tab 1- minutes of the february 24 2004 meeting 158

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