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   UNDERSTANDING
  THE PRESENT CRISIS  | 
  
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   Richard Clarke
  testimony to 9/11 commission, 24 Mar 2004 Washington Post, Wed 24 Mar 2004  | 
  
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   The following is the full transcript of Wednesday's hearing
  by the National Commission on Terrorist Attacks Upon the United States: SPEAKERS:  WITNESSES: [...] KEAN: I'd like to call the hearing back to order.  KEAN: Our next witness is Mr. Richard Clarke, who served as the
  former national coordinator for counterterrorism at the National Security
  Council. Mr. Clarke served on the National Security Council's staff with
  great dedication. We are pleased to have him here with us, to join us.  Mr. Clarke, could I ask you to raise your right hand so we place you
  under oath? Do you swear, or affirm, to tell the whole truth and nothing but
  the truth?  CLARKE: I do.  KEAN: Thank you very much, sir.  Now, Mr. Clarke, your written remarks will be entered into the
  record in full. We'd ask you, sort of, to summarize your statement and please
  proceed.  CLARKE: Thank you, Mr. Chairman.  Because I have submitted a written statement today, and I've
  previously testified before this commission for 15 hours, and before the
  Senate-House Joint Inquiry Committee for six hours, I have only a very brief
  opening statement.  I welcome these hearings because of the opportunity that they
  provide to the American people to better understand why the tragedy of 9/11
  happened and what we must do to prevent a reoccurance.  I also welcome the hearings because it is finally a forum where I
  can apologize to the loved ones of the victims of 9/11.  To them who are here in the room, to those who are watching on
  television, your government failed you, those entrusted with protecting you
  failed you and I failed you. We tried hard, but that doesn't matter because
  we failed.  And for that failure, I would ask -- once all the facts are out --
  for your understanding and for your forgiveness.  With that, Mr. Chairman, I'll be glad to take your questions.  KEAN: The questioning will be led by Senator Gorton.  Are you leading off, or Commissioner Roemer?  GORTON: Tim is.  KEAN: Commissioner Roemer?  ROEMER: Thank you, Mr. Chairman.  Welcome, Mr. Clarke. I want to thank you, as I start my questions,
  for your 30 years of public service to the American people. I want to thank
  you for your sworn testimony before the 9/11 commission: over 15 hours.  And I really want to say, Mr. Clarke, that there are a lot of distractions
  out there today. The books, a lot of news media, a lot of accusations flying
  back and forth.  I want you to concentrate, to the degree you can, on the memos, on
  the e-mail, on the strategy papers and on the time that we're tasked to
  looking at on this 9/11 commission, between 1998 and September the 11th.  ROEMER: You coordinated counterterrorism policy in both the Clinton
  and the Bush administrations. I want to know, first of all: Was fighting Al
  Qaida a top priority for the Clinton administration from 1998 to the year
  2001? How high a priority was it in that Clinton administration during that
  time period?  CLARKE: My impression was that fighting terrorism, in general, and
  fighting Al Qaida, in particular, were an extraordinarily high priority in
  the Clinton administration -- certainly no higher priority. There were
  priorities probably of equal importance such as the Middle East peace
  process, but I certainly don't know of one that was any higher in the
  priority of that administration.  ROEMER: With respect to the Bush administration, from the time they
  took office until September 11th, 2001, you had much to deal with: Russia,
  China, G-8, Middle East. How high a priority was fighting Al Qaida in the
  Bush administration?  CLARKE: I believe the Bush administration in the first eight months
  considered terrorism an important issue, but not an urgent issue.  Well, president Bush himself says as much in his interview with Bob
  Woodward in the book "Bush at War." He said, "I didn't feel a
  sense of urgency."  George Tenet and I tried very hard to create a sense of urgency by
  seeing to it that intelligence reports on the Al Qaida threat were frequently
  given to the president and other high-level officials. And there was a
  process under way to address Al Qaida. But although I continued to say it was
  an urgent problem, I don't think it was ever treated that way.  ROEMER: You have said in many ways -- you've issued some blistering
  attacks on the Bush administration. But you've not held those criticisms from
  the Clinton administration, either. We heard from Mr. Berger earlier that you
  were critical of the Clinton administration on two areas: not providing aid
  to the Northern Alliance, and not going after the human conveyor belts of
  jihadists coming out of the sanctuaries in Afghanistan.  Are there more in the Clinton administration years -- the USS Cole,
  the response there?  CLARKE: Well, I think first of all, Mr. Berger is right to say that
  almost everything I ever asked for in the way of support from him or from president
  Clinton, I got. We did enormously increase the counterterrorism budget of the
  federal government, initiated many programs, including one that is now called
  Homeland Security.  CLARKE: Mr. Berger is also right to note that I wanted a covert
  action program to aid Afghan factions to fight the Taliban, and that was not
  accomplished. He's also right to note that on several occasions, including
  after the attack on the Cole, I suggested that we bomb all of the Taliban and
  Al Qaida infrastructure, whether or not it would succeed in killing bin
  Laden. I thought that was the wrong way of looking at the problem. I think
  the answer is essentially Mr. Berger got it right.  ROEMER: OK. With my 15 minutes, let's move into the Bush
  administration.  On January 25th, we've seen a memo that you've written to Dr. Rice
  urgently asking for a principals' review of Al Qaida. You include helping the
  Northern Alliance, covert aid, significant new '02 budget authority to help
  fight Al Qaida and a response to the USS Cole. You attach to this document
  both the Delenda Plan of 1998 and a strategy paper from December 2000.  Do you get a response to this urgent request for a principals
  meeting on these? And how does this affect your time frame for dealing with
  these important issues?  CLARKE: I did get a response, and the response was that in the Bush
  administration I should, and my committee, counterterrorism security group,
  should report to the deputies committee, which is a sub-Cabinet level
  committee, and not to the principals and that, therefore, it was
  inappropriate for me to be asking for a principals' meeting. Instead, there
  would be a deputies meeting.  ROEMER: So does this slow the process down to go to the deputies
  rather than to the principals or a small group as you had previously done?  CLARKE: It slowed it down enormously, by months. First of all, the
  deputies committee didn't meet urgently in January or February.  Then when the deputies committee did meet, it took the issue of Al
  Qaida as part of a cluster of policy issues, including nuclear proliferation
  in South Asia, democratization in Pakistan, how to treat the various
  problems, including narcotics and other problems in Afghanistan, and launched
  on a series of deputies meetings extending over several months to address Al
  Qaida in the context of all of those inter-related issues.  CLARKE: That process probably ended, I think in July of 2001. So we
  were ready for a principals meeting in July. But the principals calendar was
  full and then they went on vacation, many of them in August, so we couldn't
  meet in August, and therefore the principals met in September.  ROEMER: So as the Bush administration is carefully considering from
  bottom up a full review of fighting terrorism, what happens to these
  individual items like a response to the USS Cole, flying the Predator? Why
  aren't these decided in a shorter time frame as they're also going through a
  larger policy review of how this policy affects Pakistan and other countries
  -- important considerations, but why can't you do both?  CLARKE: The deputies committee, its chairman, Mr. Hadley, and others
  thought that all these issues were sufficiently inter-related, that they
  should be taken up as a set of issues, and pieces of them should not be
  broken off.  ROEMER: Did you agree with that?  CLARKE: No, I didn't agree with much of that.  ROEMER: Were you frustrated by this process?  CLARKE: I was sufficiently frustrated that I asked to be reassigned.
   ROEMER: When was this?  CLARKE: Probably May or June. Certainly no later than June.  And there was agreement in that time frame, in the May or June time
  frame, that my request would be honored and I would be reassigned on the 1st
  of October to a new position to deal with cybersecurity, a position that I
  requested be created.  ROEMER: So you're saying that the frustration got to a high enough
  level that it wasn't your portfolio, it wasn't doing a lot of things at the
  same time, it was that you weren't getting fast enough action on what you
  were requesting?  CLARKE: That's right.  My view was that this administration, while it listened to me,
  didn't either believe me that there was an urgent problem or was unprepared
  to act as though there were an urgent problem.  And I thought, if the administration doesn't believe its national coordinator
  for counterterrorism when he says there's an urgent problem and if it's
  unprepared to act as though there's an urgent problem, then probably I should
  get another job.  I thought cybersecurity was and I still think cyber security is an
  extraordinary important issue for which this country is very underprepared.
  And I thought perhaps I could make a contribution if I worked full time on
  that issue.  ROEMER: You then wrote a memo on September 4th to Dr. Rice
  expressing some of these frustrations several months later, if you say the
  time frame is May or June when you decided to resign. A memo comes out that
  we have seen on September the 4th. You are blunt in blasting DOD for not
  willingly using the force and the power. You blast the CIA for blocking Predator.
  You urge policy-makers to imagine a day after hundreds of Americans lay dead
  at home or abroad after a terrorist attack and ask themselves what else they
  could have done. You write this on September the 4th, seven days before
  September 11th.  CLARKE: That's right.  ROEMER: What else could have been done, Mr. Clarke?  CLARKE: Well, all of the things that we recommended in the plan or
  strategy -- there's a lot of debate about whether it's a plan or a strategy
  or a series of options.  CLARKE: But all of the things we recommended back in January were
  those things on the table in September. They were done. They were done after
  September 11th. They were all done. I didn't really understand why they
  couldn't have been done in February.  ROEMER: Well, let's say, Mr. Clarke -- I think this is a fair
  question -- let's say that you asked to brief the president of the United
  States on counterterrorism.  CLARKE: Yes.  ROEMER: Did you ask that?  CLARKE: I asked for a series of briefings on the issues in my
  portfolio, including counterterrorism and cybersecurity.  ROEMER: Did you get that request?  CLARKE: I did. I was given an opportunity to brief on cybersecurity
  in June. I was told I could brief the president on terrorism after this
  policy development process was complete and we had the principals meeting and
  the draft national security policy decision that had been approved by the
  deputies committee.  ROEMER: Let's say, Mr. Clarke, as gifted as you might be in
  eloquence, and silver-tongued as anyone could be, and let's say -- let's
  imagine -- that instead of saying no, you asked for this briefing to the
  president -- you said you didn't get it after 8 months of talking -- let's
  say you get this briefing in February, after your memo to Dr. Rice on
  September the 25th, and you meet with the president of the United States in
  February and you brief him on terrorism, tell me how you convinced the
  president to move forward on this and get this principals meeting that
  doesn't take place until September the 4th moved up so that you can do
  something about this problem?  CLARKE: Well, I think the best thing to have done, if there had been
  a meeting with the president in February, was to show him the accumulated
  intelligence that Al Qaida was strong and was planning attacks against the
  United States, against friendly governments. It was possible to make a very
  persuasive case that this was a major threat and this was an urgent problem.  ROEMER: And you think this would have sped up the deputies' process
  and the principals' process?  CLARKE: No.  ROEMER: Do you think the president would have reached down then and
  said something to the national security team to...  CLARKE: I don't know...  ROEMER: ... to expedite this? What...  CLARKE: Don't know.  ROEMER: ... You worked for President Clinton. You saw what meetings
  with presidents could do there. Is this a magical solution? Or is it
  something that president might say right back to you, "Listen, Dick,
  I've got many other things I've got to do here, in the Middle East peace
  process Bosnia, Kosovo, the Korean peninsula"? How likely is it that we
  are able to see some kind of result from a meeting like that?  CLARKE: I think in depends, in part, on the president.  CLARKE: President Bush was regularly told by the director of Central
  Intelligence that there was an urgent threat. On one occasion -- he was told
  this dozens of times in the morning briefings that George Tenet gave him. On
  one of those occasions, he asked for a strategy to deal with the threat.  Condi Rice came back from that meeting, called me, and relayed what
  the president had requested. And I said, "Well, you know, we've had this
  strategy ready since before you were inaugurated. I showed it you. You have
  the paperwork. We can have a meeting on the strategy any time you want."
   She said she would look into it. Her looking into it and the
  president asking for it did not change the pace at which it was considered.
  And as far as I know, the president never asked again; at least I was never
  informed that he asked again. I do know he was thereafter continually
  informed about the threat by George Tenet.  ROEMER: Let me ask you, with my yellow light on, a question about
  the summer 2000 alert. You were saying, the CIA was saying, everybody was
  saying something spectacular is about to happen. Spiking in intelligence,
  something terrible is about to happen. You've told us in some of our
  interviews you only wish you would have known at that time in that summer
  what the FBI knew with regard to Moussaoui, the Phoenix memo, and terrorists
  in the United States.  What could you have done with some of that information, with the
  spiked alerts, with the spectacular attack on the horizon in the summer of
  2001?  CLARKE: Congressman, it is very easy in retrospect to say that I
  would have done this or I would have done that. And we'll never know. I would
  like to think that had I been informed by the FBI that two senior Al Qaida
  operatives who had been in a planning meeting earlier in Kuala Lumpur were
  now in the United States and we knew that and we knew their names. And I
  think we even had their pictures.  I would like to think that I would have released, or would have had
  the FBI release, a press release with their names, with their descriptions,
  held a press conference, tried to get their names and pictures on the front
  page of every paper, "America's Most Wanted," the evening news, and
  caused a successful nationwide manhunt for those two of the 19 hijackers, but
  I don't know because you're asking me a hypothetical and I have the benefit
  now of 20/20 hindsight.  ROEMER: Thank you, Mr. Clark.  Mr. Chairman, thank you for patience and the time.  KEAN: Thank you, sir.  Senator Gorton?  GORTON: Mr. Clarke, you got the position as the head of this
  counterterrorism and security group, CSG, when and about May of 1998. Is that
  correct?  CLARKE: No, Senator. Actually, I got it in the first Bush
  administration in the fall of 1992.  GORTON: But it got the level of being up there at the White House
  and being a very important position in 1998?  CLARKE: What happened in 1998 -- let me go back. The
  counterterrorism security group, the CSG, goes back to the Reagan
  administration. It's been around for that long. I started chairing it during
  the last few months of the Bush administration in 1992; continued to chair it
  throughout the Clinton administration and into the second Bush
  administration.  In 1998, President Clinton signed a presidential directive that
  created a new title for the chairman of that group. The chairman had always
  been a special assistant to the president; that was the title. Under the new
  directive in 1998 the title became national coordinator for counterterrorism.
   But I think there's something I need to say about that title. The
  actual title was national coordinator for security, infrastructure protection
  and counterterrorism. And the press, thinking that that title was too long
  and not sexy enough, immediately turned it into terrorism czar.  If you look at the presidential decision directive in 1998 that
  created this position, it is replete with what the national coordinator
  cannot do and what resources the national coordinator would not have. It was
  not a counterterrorism czar, especially when compared to people like the drug
  czar. It gave me...  GORTON: It was a staff position, not an action position in other
  words.  CLARKE: It gave me all of the responsibility and none of the
  authority.  GORTON: And later in 1998, of course, we had the explosions, the
  attack on the two embassies.  CLARKE: Right.  GORTON: And shortly after that the administration took its one
  military response to terrorism in the attacks on Afghanistan and the Sudan.
  Were those actions taken on your recommendation? Were you a part of the
  decision-making process in calling for that reaction?  CLARKE: Senator, I was. But if I may be a little picky, this was not
  the administration's first or only use of military action in response to
  terrorism.  The administration began in the first five months -- the Clinton
  administration -- the first five months of the administration, six months to
  use military force in response to terrorism.  GORTON: The first to Al Qaida.  CLARKE: The first time that we had an Al Qaida attack on the United
  States facilities -- it was the first time that Al Qaida had attacked us and
  we had been told it was Al Qaida.  In retrospect, many years after these attacks occurred, FBI and CIA
  began to say that things like the World Trade Center attack in 1993 might
  have been done by an early stage Al Qaida.  GORTON: In August of 1998, did you recommend a longer-lasting
  military response or just precisely the one that, in fact, took place?  CLARKE: I recommended a series of rolling attacks against the
  infrastructure in Afghanistan. Every time they would rebuild it, I proposed that
  we blow it up again much like, in fact, we were doing in Iraq, where we had a
  rolling series of attacks on their air defense system.  And shortly after that, you came up with the so-called Delenda Plan,
  as I understand it. And is our staff report accurate in saying that it had
  four principle approaches -- diplomacy, covert action, various financial
  members and military action? Is that a reasonable summary?  CLARKE: Yes, sir.  GORTON: Also, is our staff accurate in saying that the strategy was
  never formally adopted, but that you were authorized in effect to go ahead
  with the first three, but not with the fourth?  CLARKE: Yes, sir.  GORTON: And at various times thereafter you did recommend specific
  military responses under specific circumstances, did you not?  CLARKE: Yes, sir.  GORTON: Each of which was rejected for one reason or another?  CLARKE: That's correct.  GORTON: Then in the early winter of 1999, when the CIA came up with
  a plan to attack a hunting camp in Afghanistan, which it felt that Osama bin
  Laden was present or was not present, that recommendation, or that plan, was
  ultimately aborted. Did you recommend against that plan?  CLARKE: Yes, Senator.  What I did was to call the director of Central Intelligence and say
  that I had finally been presented with satellite photography of the facility.
  And it was very clear to me that this looked like something other than a
  terrorist camp. It looked like a luxury hunting trip. And I asked him to look
  into it, personally. When he did, he called back and he said that he was no
  longer recommending the attack.  GORTON: OK. So you never recommended either for or against an attack
  on that camp?  CLARKE: Well, I think -- I don't want to split hairs. By calling the
  director of Central Intelligence and suggesting to him that this did not look
  to me like a terrorist facility and urging him to look into it, he certainly
  had the impression that I wasn't in favor of it. Absolutely.  GORTON: Well, did it make any difference as to what kind of camp it
  was, if it was likely that Osama bin laden was there?  CLARKE: Well, it did in two respects. The administration had adopted
  a policy with regard -- let me back up.  After the bombings in 1998, we kept submarines off the coast of
  Pakistan, loaded with cruise missiles, for the purpose of launching a
  follow-on attack when we could locate bin Laden. The intelligence that we got
  about where bin Laden was, was very poor. The DCI, Mr. Tenet, characterized
  that intelligence himself on repeated occasions as very poor.  On one occasion, we thought we knew where he was, and there were two
  problems. One, the intelligence was poor, according to George Tenet. And two,
  the collateral damage would have been great, according to the Pentagon.  When I looked at this facility, it looked to me like the
  intelligence was, again, poor, because it didn't look like a terrorist camp.
  And the probability of collateral damage would have been high, I thought,
  since I believed, based on the satellite photography, that people other than
  terrorists were there.  The decision ultimately was George Tenet's, and George Tenet
  recommended no action be taken. I don't know, in retrospect -- your staff
  might. But I don't know, in retrospect, whether it proved to be true that bin
  Laden was in the vicinity or not.  GORTON: In any event, every recommendation for military action or
  covert action, from late 1998 until the year 2000, ran up against the
  objection of actionable -- that it was not based on actionable intelligence,
  that wonderful phrase we've heard in the last two days. Is that not correct,
  because of the uncertainty as to whether bin Laden was present, uncertainty
  about collateral damage, et cetera?  CLARKE: That's true in describing actions aimed at Osama bin Laden
  himself. There were other covert action activities taken which we obviously
  can't go into here. But, there was a pre-existing finding on terrorism under
  which CIA was operating.  CLARKE: And the CIA was able to do some things outside of
  Afghanistan against the Al Qaida network using that authority.  GORTON: And at the very end of the Clinton administration after the
  attack on the Cole, there was triggered, either by the Cole or by everything
  else, a new set of initiatives resulting in what is called a Blue Sky memo,
  is that correct?  CLARKE: That's right.  GORTON: And were you a part of that? Did you draft it? Was it your
  plan?  CLARKE: The Blue Sky memo I believe you're referring to was part of
  an overall update of the Delenda Plan. And it was a part generated by the
  Central Intelligence Agency. We, my staff, generated the rest of the update.  GORTON: And the goal of that plan was to roll back Al Qaida over a
  period of three to five years, reducing it eventually to a rump group like
  other terrorist organizations around the world.  CLARKE: Our goal was to do that to eliminate it as a threat to the
  United States, recognizing that one might not ever be able to totally
  eliminate everybody in the world who thought they were a member of Al Qaida.
  But if we could get it to be as ineffective as the Abu Nidal organization was
  toward the end of its existence; it didn't pose a threat to the United
  States. That's what we wanted. The CIA said that if they got all the
  resources they needed, that might be possible over the course of three years
  at the earliest.  GORTON: And then Delenda and that Blue Sky proposal, I take it, were
  pretty much the basis of what you recommended to Condoleezza Rice in January
  of 2001: covert assistance to the Northern Alliance, you know, more money for
  CIA activities, something called choosing a standard of evidence for
  attributing responsibility for the Cole, new Predator reconnaissance missions
  and more work on funding?  CLARKE: That's right, Senator. The update to the Delenda Plan that
  we did in October, November, December of 2000 was handed to the new national
  security adviser in January of 2001. It formed the basis of the draft
  national security presidential directive that was then discussed in September
  of 2001. It formed the basis of the draft national security presidential
  directive that was then discussed in September of 2001 and signed by
  President Bush as NSPD-9, I believe, later in September.  GORTON: What do you mean by a standard of evidence? I'm troubled by
  this fuzzy phrase, "actionable intelligence." And let's take the
  Cole from that. As we've heard from Director Tenet in November and then more
  precisely in December of 2000, they pretty much concluded that the Cole took
  place through Al Qaida people, but they couldn't prove that it had been
  directed Osama Bin Laden.  GORTON: Was the amount of intelligence available in November,
  December of 2000 and 2001, in your view, actionable intelligence that could
  have been the appropriate basis for a specific response to the Cole?  CLARKE: The phrase that you read, "the standard for
  actionable," was a way of my addressing this problem. And I wanted to
  get us away from having to prove either in a court of law legal standard or
  even in some fancy intelligence community standard that went through a
  prolonged process that took months.  I thought we could disassociate the attack on the Cole from any
  attacks that we did on the Taliban and Al Qaida. If people wanted to further
  study who was guilty of attacking the Cole -- and the FBI had deployed
  hundreds of people to do that, and CIA was saying that there were some people
  involved who might have been Al Qaida -- I thought fine. If you want to have
  that kind standard and you want to have that kind of process, fine. Then
  let's separate that and let's bomb Afghanistan anyway and not tie the two
  together.  But it seemed to my staff, looking at the same intelligence that the
  CIA was looking at, it seemed to us within two days of the attack on the Cole
  that we could put together an intelligence case that this was an Al Qaida
  attack by the local Al Qaida cell in Yemen. And that is, of course, the
  conclusion that the CIA came to in January or February of the next year based
  on pretty much nothing but the evidence that we had available to us within
  two days.  GORTON: Now, since my yellow light is on, at this point my final
  question will be this: Assuming that the recommendations that you made on
  January 25th of 2001, based on Delenda, based on Blue Sky, including aid to
  the Northern Alliance, which had been an agenda item at this point for two
  and a half years without any action, assuming that there had been more
  Predator reconnaissance missions, assuming that that had all been adopted say
  on January 26th, year 2001, is there the remotest chance that it would have
  prevented 9/11?  CLARKE: No.  GORTON: It just would have allowed our response, after 9/11, to be
  perhaps a little bit faster?  CLARKE: Well, the response would have begun before 9/11.  GORTON: Yes, but there was no recommendation, on your part or anyone
  else's part, that we declare war and attempt to invade Afghanistan prior to
  9/11?  CLARKE: That's right.  GORTON: Thank you, Mr. Chairman.  KEAN: Thank you, Senator. I just have one question. Taking it back
  further, you've been there more than anybody, really, in this particular slot
  in looking at terrorism and looking at it well. Is it resources, is it change
  of policy, what is it over the years, taking all your years there through 2
  administrations or 3 administrations even -- what could we have done?  I'm trying to find not only what we could have done, but what should
  we be doing perhaps in the future? Because we were beaten. I mean, we were
  really beaten by these guys, and 3,000 people died. And is there anything you
  can think of in that long period, had we done differently as a country, as a
  policy, what have you, that could have made a difference?  CLARKE: Well I think, Governor, there's a lot that, in retrospect,
  with 20/20 hindsight...  KEAN: Yes, I'm asking 20/20 hindsight, because we have that
  opportunity now.  CLARKE: I think Al Qaida probably came into existence in 1988 or in
  1989, and no one in the White House was ever informed by the intelligence
  community that there was an Al Qaida until probably 1995.  The existence of an organization like that was something that
  members of the National Security Council staff suspected in 1993. National
  Security Adviser Anthony Lake urged CIA to create a special program to
  investigate whether there was some organization centered around bin Laden.  It was not done because CIA decided there was probably an
  organization, it was done because the national security adviser thought there
  was probably an organization.  CLARKE: Had we a more robust intelligence capability in the last
  1980s and early 1990s, we might have recognized the existence of Al Qaida
  relatively soon after it came into existence. And if we recognized its
  existence and if we knew its philosophy and if we had a proactive
  intelligence covert action program -- so that's both more on the collection
  side and more on the covert action side -- then we might have been able to
  nip it in the bud.  But as George Tenet I think explained this morning, our HUMINT
  program, our spy capability, had been eviscerated in the 1980s and early
  1990s. And there was no such capability either to even know that Al Qaida
  existed, let alone to destroy it.  And there is something else that I think we need to understand about
  the CIA's covert action capabilities.  For many years, they were roundly criticized by the Congress and the
  media for various covert actions that they carried out at the request of
  people like me and the White House -- not me, but people like me. And many
  CIA senior managers were dragged up into this room and others and berated for
  failed covert action activities, and they became great political footballs.  Now, if you're in the CIA and you're growing up as a CIA manager
  over this period of time and that's what you see going on and you see one
  boss after another, one deputy director of operations after another being
  fired or threatened with indictment, I think the thing you learn from that is
  that covert action is a very dangerous thing that can damage the CIA, as much
  as it can damage the enemy.  Robert Gates, when he was deputy director of CIA, and when he was
  director of CIA, and when he was deputy national security adviser, Robert
  Gates repeatedly taught the lesson that covert action isn't worth doing. It's
  too risky. That's the lesson that the current generation of directorate of
  operations managers learned as they were growing up in the agency.  Now, George Tenet says they're not risk-averse, and I'm sure he
  knows better than I do.  But from the outside, working with the D.O. over the course of the
  last 20 years, it certainly looks to me as though they were risk- averse, but
  they had every reason to be risk-averse, because the Congress, the media, had
  taught them that the use of covert action would likely blow up in their face.
   KEAN: Thank you very much, sir.  Commissioner Ben-Veniste?  BEN-VENISTE: Good afternoon, Mr. Clarke. I want to focus on the role
  of the national security adviser and your relationship with the national
  security adviser in the Clinton administration as compared with the Bush
  administration. Can you point to any similarities or differences?  CLARKE: Well, I think the similarity is that under all four national
  security advisers for whom I worked, I was told by each of the four,
  beginning with Brent Scowcroft, that if I ever had any -- I hate to use the
  word, Senator, "actionable intelligence," the phrase -- if I ever
  had reason to believe that there was something urgent that they could act on
  that I could interrupt anything that they were doing, that I have an open
  door any time I needed it day or night if there was something about to
  happen.  I think the difference between the two national security advisers in
  the Clinton administration and the national security adviser in the Bush
  administration is that on policy development, I dealt directly with the
  national security advisers in the Clinton administration. But policy
  development on counterterrorism I was told would be best done with the deputy
  national security adviser. So I spent less time talking about the problems of
  terrorism with the national security adviser in this administration.  BEN-VENISTE: Let me move to substance in terms of the level of
  threat during the summer of 2001 and your involvement in coordination of both
  foreign and domestic intelligence. That was definitely a part of your
  function, was it not?  CLARKE: Yes, sir.  BEN-VENISTE: And before I get to that and before I forget doing so,
  I want to express my appreciation for the fact that you have come before this
  commission and state in front of the world your apology for what went wrong.
  To my knowledge, you are the first to do that.  (APPLAUSE)  BEN-VENISTE: This does not detract from the fact that there were so
  many people who we have met over this past year who were engaged in trying to
  keep our country safe and to have worked tirelessly to achieve that goal.  BEN-VENISTE: In the millennium threat we knew, and we covered this
  with Sandy Berger to some considerable extent, that sleeper cells in North
  America had been activated, and we had rolled them up and prevented, among
  other things, an attack on the Los Angeles International Airport.  With respect to the level of threat and the intelligence information
  that you were receiving, is it fair to say that in the summer of 2001, the
  threat level either approached or exceeded anything that you had previously
  been receiving?  CLARKE: I think it exceeded anything that George Tenet or I had ever
  seen.  BEN-VENISTE: And I think the phrase which has received some currency
  in our hearings of someone's hair being on fire originated with you, saying
  that basically you knew that something drastic was about to happen and that
  the indicators were all consistent in that regard.  CLARKE: That's right.  BEN-VENISTE: Did you make a determination that the threat was going
  to come from abroad, as an exclusive proposition? Or did you understand that
  given the fact that we had been attacked before and that the plans had been
  interrupted to attack us before that the potential existed for Al Qaida to
  strike at us on our homeland?  CLARKE: The CIA said in their assessments that the attack would most
  likely occur overseas, most probably in Saudi Arabia, possibly in Israel. I
  thought, however, that it might well take place in the United States based on
  what we had learned in December '99, when we rolled up operations in
  Washington state, in Brooklyn, in Boston.  The fact that we didn't have intelligence that we could point to
  that said it would take place in the United States wasn't significant in my
  view, because, frankly, sir -- I know how this is going to sound but I have
  to say it -- I didn't think the FBI would know whether or not there was
  anything going on in the United States by Al Qaida.  BEN-VENISTE: Well, the FBI was a principal agency upon which you had
  to rely, is that not the case?  CLARKE: It is.  BEN-VENISTE: Now, with respect to what you were told -- you were the
  principal coordinator for counterterrorism for the chief executive flowing up
  and down through you, correct?  CLARKE: Yes, sir.  BEN-VENISTE: Did you know that the two individuals who had been
  identified as Al Qaida had entered the United States and were presently
  thought to be in the country?  CLARKE: I was not informed of that, nor were senior levels of the
  FBI.  BEN-VENISTE: Had you known that these individuals were in the
  country, what steps, with the benefit of hindsight, but informed hindsight,
  would you have taken, given the level of threat?  CLARKE: To put the answer in context, I had been saying to the FBI
  and to the other federal law enforcement agencies and to the CIA that because
  of this intelligence that something was about to happen that they should
  lower their threshold of reporting, that they should tell us anything that
  looked the slightest bit unusual.  In retrospect, having said that over and over again to them, for them
  to have had this information somewhere in the FBI and not told to me, I still
  find absolutely incomprehensible.  BEN-VENISTE: And I will have to end it here although I'd like to go
  further. Was the information with respect to Moussaoui and his erratic
  behavior in flight school ever communicated to you?  CLARKE: Not to me.  BEN-VENISTE: Given the fact that there was a body of information
  with respect to the use of planes as weapons within the intelligence
  community's knowledge, had you received information about Moussaoui training
  to fly a commercial airplane? Would that have had some impact on the kind of
  efforts which might be made to protect commercial aviation?  CLARKE: I don't know. The information to which you refer,
  information in the intelligence community's knowledge about Al Qaida having
  thought of using aircraft as weapons, that information was old relatively
  speaking -- five years, six years old -- hadn't reoccurred to my knowledge
  during those five or six years -- and has to be placed -- to give the
  intelligence community a break -- it has to be placed in the context of the
  other intelligence reports.  CLARKE: The volume of intelligence reports on this kind of thing, on
  Al Qaida threats and other terrorist threats, was in the tens of thousands,
  probably hundreds of thousands over the course of the five or six years.  Now, in retrospect, to go back and find a report six years earlier
  that said perhaps they were going to use aircraft as weapons, it's easy to do
  now. But I think the intelligence community analysts can be forgiven for not
  thinking about it given the fact that they hadn't seen a lot in the five or
  six years intervening about it and that there were so many reports about so
  many other things.  BEN-VENISTE: And yet -- with your indulgence, Mr. Chairman...  KEAN: Short indulgence.  BEN-VENISTE: And yet, an FAA advisory went out. The FAA advised on
  the potential for domestic hijackings.  CLARKE: I asked them to.  BEN-VENISTE: And had you known on top of that that there was a
  jihadist who was identified, apprehended in the United States before 9/11 who
  was in flight school acting erratically...  CLARKE: I would like to think, sir, that even without the benefit of
  20-20 hindsight, I could have connected those dots.  BEN-VENISTE: Thank you.  KEAN: Commissioner Kerrey?  KERREY: Mr. Clark, first of all, let me thank you for doing what I
  think all of us who had any responsibilities during the late 1990s, early
  2000, have responsibility to do, which is to apologize to the families for
  letting them down. I think it was a courageous gesture. And I think it would
  be a lot easier for us to, in a nonjudgmental fashion, figure out what went
  wrong and what to do in the future if we'd all sort of start off our
  inquiries with that declaration. I appreciate very much the sincerity of
  that.  Let me also say that I feel badly, because I presume that you are,
  at the moment, receiving terrible phone messages and e-mail messages. And I
  hope you don't take it personal because you're just caught in one of these
  moments. I can barely see you because of all the cameras I'm having to look
  through. No, it's OK, I'm just kidding.  KERREY: I'm just trying to illustrate the attention that's being
  paid to you, and...  CLARKE: Senator, I think I knew what the price would be.  KERREY: Well, you're a smarter man than most of us, then, because I
  think you can kind of know it theoretically. But until you get in it, it can
  be quite surprising.  And let me also thank you for over a quarter century of public
  service. I mean, you really in many ways are an example of a single
  individual coming into government and demonstrating that you can make a
  difference over a long period of time. And you have.  And I think as badly as you feel toward the families that are
  sitting behind you, there are many families that are today, unknowingly, the
  recipient of your service. Because, we did, thanks to you and thanks to many
  others who were working with you, prevent an awful lot of bad things from
  happening as well.  So let me start off with that and start off by saying that I think
  one of the things we got to try to do is get to a point where we can have
  honest disagreements and let those disagreements permit us to discover where,
  in fact, we've got common ground. I find, in fact, arguments almost being
  necessary. And you are, again, a very good demonstration of that. You almost
  always, with your declaratories, provoke a good argument. And it's those
  arguments that allow us to discover where our common ground is.  Let me say that in one area I disagree with you is on the Delenda.
  You said in response to Senator Gorton earlier that it would not have
  prevented 9/11, it was not a declaration of war, you weren't advocating
  declaring war.  I believe Delenda would have necessitated a declaration of war, and
  it was probably one of the reasons it was rejected as well as other options
  that I think would have substantially reduced the risk of 9/11 had we
  followed your advice.  One of the reasons it was probably not taken up by the National
  Security Council and the president was that it would have required that
  draconian of a step -- and you've heard me say it before, but I think it's
  one of the mistakes that we made.  Let me ask you, just specific to the use of airplanes as a weapon,
  because it seems so obvious, and again it seemed so obvious after the fact.
  It was such a simple and easy strategy that was put in place.  But, in your case, in '96 with the Olympics, you raised a concern
  about a small Cessna being used to attack the Olympics in Atlanta. And I
  think it was '98 -- in December '98 -- you were head of the CSG, chairing the
  CSG, when there was a big concern on the East Coast about the possibility of
  someone connected to Osama bin Laden hijacking a commercial aircraft out of
  New York City.  KERREY: That warning went out. During the millennium scare, as well,
  you sent a memo to Berger discussing the possible domestic threats. And the
  quote is that, "Is there a threat to civilian aircraft?" In March
  2001 another CSG item on the agenda mentions, "the possibility of
  alleged bin Laden interest in targeting U.S. passenger planes at the Chicago
  Airport," end quote.  And it seems to me that we had a broad, general understanding that
  it was possible that hijacking might be on the list of things that were going
  to be used. And I remember Administrator Garvey, when she became before this
  commission a month or so ago, all their attention was overseas, she said. I
  mean, if you listen and look at the documents on the day of 9/11, it just
  inescapably leads to the conclusion that we were surprised by a hijacking.  And I wonder if you've got a perspective on how it's possible that
  we were surprised by hijacking, let alone a multiple hijacking simultaneously
  occurring at the same moment?  CLARKE: Well, sir, I would distinguish between hijackings in general
  and hijackings that then turn the aircraft into suicide weapons. There have
  been hijackings by terrorists going back for 20- 25 years, and the United
  States had some programs in place to deal with that.  In 1996, after the TWA 800, crash the president appointed a
  commission on aircraft safety and security that looked at whether we needed
  to augment our protection against hijacking.  And it made several recommendations. Most of those recommendations
  were carried out, not all of them.  One of the things it rejected was federalizing the aircraft
  searching process that is now done by the Transportation Security Agency,
  because it would have cost so much money and it would have required such a
  big federal bureaucracy.  At the time where there had been no recent hijacking, I assume that
  commissioners on that commission thought they were making the right
  recommendation. Many of their recommendations for increased security,
  however, were carried out.  CLARKE: But as to your question about using aircraft as weapons, I
  was afraid beginning in 1996, not that a Cessna would fly into the Olympics,
  but that any size aircraft would be put into the Olympics.  And during my inspection of the Atlanta Olympic security
  arrangements a month or two before the games, I was shocked that the FBI
  hadn't put into effect any aircraft -- air defense security arrangements. So
  I threw together an air defense for the Atlanta games somewhat quickly, but I
  got an air defense system in place.  We then tried to institutionalize that for Washington to protect the
  Capitol and the White House. And that system would have been run by the
  Secret Service. It would have involved missiles, anti-aircraft guns, radar,
  helicopters.  Secret Service developed all the plans for that. Secret Service was
  a big advocate for it, but they were unable to get the Treasury Department,
  in which they were then located, to approve it. And I was unable to get the
  Office of Management and Budget to fund it.  KERREY: Just a two-sentence response. I mean, the papers were full
  of stories about men and women using suicide as a device in carrying out
  terrorist objectives. The second intifada was in full force beginning in late
  2000 through 2001.  So perhaps on the second question, if I get the chance, we can
  continue this discussion.  CLARKE: I'd enjoy that.  The bottom line here is, I thought I -- I agree with you. And I
  thought I had made a persuasive case that we needed an air defense system as
  well as an airport system, not just to stop hijackers at baggage inspection,
  but to deal with them if they got through that and were able to hijack an
  aircraft.  I thought we needed an air defense system. And we got a little of
  that air defense system implemented, but only a little.  KERREY: Put me on the list if we have a chance to do a second round.
   KEAN: Will do.  Governor Thompson?  THOMPSON: Mr. Clarke, as we sit here this afternoon, we have your
  book and we have your press briefing of August 2002. Which is true?  CLARKE: Well, I think the question is a little misleading.  The press briefing you're referring to comes in the following
  context: Time magazine had published a cover story article highlighting what
  your staff briefing talks about. They had learned that, as your staff
  briefing notes, that there was a strategy or a plan and a series of
  additional options that were presented to the national security adviser and
  the new Bush team when they came into office.  Time magazine ran a somewhat sensational story that implied that the
  Bush administration hadn't worked on that plan. And this, of course, coming
  after 9/11 caused the Bush White House a great deal of concern.  So I was asked by several people in senior levels of the Bush White
  House to do a press backgrounder to try to explain that set of facts in a way
  that minimized criticism of the administration. And so I did.  Now, we can get into semantic games of whether it was a strategy, or
  whether it was a plan, or whether it was a series of options to be decided
  upon. I think the facts are as they were outlined in your staff briefing.  THOMPSON: Well, let's take a look, then, at your press briefing,
  because I don't want to engage in semantic games. You said, the Bush
  administration decided, then, you know, mid-January -- that's mid- January,
  2001 -- to do 2 things: one, vigorously pursue the existing the policy --
  that would be the Clinton policy -- including all of the lethal covert action
  findings which we've now made public to some extent. Is that so? Did they
  decide in January of 2001 to vigorously pursue the existing Clinton policy?  CLARKE: They decided that the existing covert action findings would
  remain in effect.  THOMPSON: OK. The second thing the administration decided to do is to
  initiate a process to look at those issues which had been on the table for a
  couple of years and get them decided. Now, that seems to indicate to me that
  proposals had been sitting on the table in the Clinton administration for a
  couple of years, but that the Bush administration was going to get them done.
  Is that a correct assumption?  CLARKE: Well, that was my hope at the time. It turned out not to be
  the case.  THOMPSON: Well, then why in August of 2002, over a year later, did
  you say that it was the case?  CLARKE: I was asked to make that case to the press. I was a special
  assistant to the president, and I made the case I was asked to make.  THOMPSON: Are you saying to be you were asked to make an untrue case
  to the press and the public, and that you went ahead and did it?  CLARKE: No, sir. Not untrue. Not an untrue case. I was asked to
  highlight the positive aspects of what the administration had done and to
  minimize the negative aspects of what the administration had done. And as a
  special assistant to the president, one is frequently asked to do that kind
  of thing. I've done it for several presidents.  THOMPSON: Well, OK, over the course of the summer, they developed
  implementation details. The principals met at the end of the summer, approved
  them in their first meeting, changed the strategy by authorizing the increase
  in funding five-fold. Did they authorize the increase in funding five-fold?  CLARKE: Authorized but not appropriated.  THOMPSON: Well, but the Congress appropriates, don't they, Mr. Clarke?
   CLARKE: Well, within the executive branch, there are two steps as
  well. In the executive branch, there's the policy process which you can
  compare to authorization, which is to say we would like to spend this amount
  of money for this program. And then there is the second step, the budgetary
  step, which is to find the offsets. And that had not been done. In fact, it
  wasn't done until after September 11th.  THOMPSON: Changing the policy on Pakistan, was the policy on
  Pakistan changed?  CLARKE: Yes, sir it was.  THOMPSON: Changing the policy on Uzbekistan, was it changed?  CLARKE: Yes, sir.  THOMPSON: Changing the policy on the Northern Alliance assistance,
  was that changed?  CLARKE: Well, let me back up. I said yes to the last two answers. It
  was changed only after September 11th. It had gone through an approvals
  process. It was going through an approvals process with the deputies
  committee. And they had approved it -- The deputies had approved those policy
  changes. It had then gone to a principals committee for approval, and that
  occurred on September 4th. Those three things which you mentioned were
  approved by the principals. They were not approved by the president, and
  therefore the final approval hadn't occurred until after September 11th.  THOMPSON: But they were approved by people in the administration
  below the level of the president, moving toward the president. Is that
  correct?  CLARKE: Yes, so over the course of many, many months, they went
  through several committee meetings at the sub-Cabinet level. And then there
  was a hiatus. And then they went to finally on September 4th, a week before
  the attacks, they went to the principals for their approval. Of course, the
  final approval by the president didn't take place until after the attacks.  THOMPSON: Well is that eight-month period unusual?  CLARKE: It is unusual when you are being told every day that there
  is an urgent threat.  THOMPSON: Well, but the policy involved changing, for example, the
  policy on Pakistan, right? So you would have to involve those people in the
  administration who had charge of the Pakistani policy, would you not?  CLARKE: The secretary of state has, as a member of the principals
  committee, that kind of authority over all foreign policy issues.  THOMPSON: Changing the policy on the Northern Alliance assistance,
  that would have been DOD?  CLARKE: No. Governor, that would have been the CIA.  But again, all of the right people to make those kinds of changes
  were represented by the five or six people on the principals committee.  THOMPSON: But they were also represented on the smaller group, were
  they not, the deputies committee?  CLARKE: But they didn't have the authority to approve it. They only
  had the authority to recommend it further up the process.  THOMPSON: Well, is policy usually made at the level of the
  principals committee before it comes up?   | 
  
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