Ny B7 Fsc Fdr- Fsc Report- Fsc Press Release- Commission Talking Points 793

Suggested talking point for Chairman Kean and Vice Chairman Hamilton

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To: Chairman Kean & Vice Chair Hamilton From: Ellie Hartz & Emily Walker, Family Liaison Officers Thru: Chris Kojm Re: Meeting on September 23rd with the Family Steering Committee immediately after the 2 PM press briefing The Family Steering Committee has issued a "Report Card" for the Commission, spelling out all of their concerns about the Commission's work: • Their issues with the Commission have been consistent for several months. At the root of it seems to be a difference in the Commission's interpretation of the mandate and the families' interpretation of the mandate. • The Family Steering Committee envisions itself as the watchdog for all the families of 9-11 with regard to the 9-11 Commission. They have presented the idea to the families that it is the mandate of the Commission to identify who in the government was responsible for the murders of their loved ones. • While they give lip service to the idea of making recommendations that will improve the government and help keep our citizens safe, they are mainly concerned with blame. • Engaging the Family Steering Committee in an issue-by-issue debate will likely be counterproductive. It is not clear that they take on board, much less accept, that the Commission sees its mandate differently than they do. Talking Points: • While we appreciate that each of you have done a tremendous amount of research and are very informed through the media, we also know that there is misinformation and partial information in the public record. It will take time, documentation, and interviews to substantiate the facts. • All family members who suffered losses on 9-11 as well as everyone in the country will be equally informed of our findings. We will be telling the story as authoritatively as we can, and go where the facts take us. Accountability will follows the facts. We will also be making policy recommendations, which is an important part of our mandate. • We have an accomplished staff, many of whom have given up other jobs or taken leave from their jobs to offer their expertise in their respective fields. The Commission is working very hard, but it cannot rush the process of an investigation and thereby compromise its results. • As you heard earlier, we have an ambitious hearing schedule, and we will be able shortly to provide you with a more detailed schedule of hearings along with dates, locations, and witnesses. • As you know, we are planning a hearing in New Jersey for November. [The families will likely press for another hearing in NYC.] • We appreciate the time you took to issue the report card, and we want to stay in close communication with you, and clear up misunderstandings as they arise. We all have the same goal - to keep America free and safe. http://kinesis.swishmail.com./webmail/imp/view.php?thismailbox=INBOX&index=867&i...

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September 10,2003 Family Steering Committee Press Conference Remarks Three thousand lives were lost and three thousand families destroyed on September 11th. America was traumatized, and we are still reeling from the emotional and financial carnage. The families of the dead and all Americans deserve some accountability from our government for its failure to protect us on 9/11. On August 27th the Family Steering Committee received an update on the Commission's progress. We learned that there has been improved compliance from some government agencies and that minders continue to be present during interviews, even though the Chairman and Vice Chairman publicly protested. We appreciate that the Commission staff is working very hard on this complex probe. However, no findings from the Commission's investigation have been released. A lot of frustration stems from the fact that we have not heard anything of substance. The clock is ticking. Half the Commission's allotted time has elapsed. Two years have passed since the attacks. We know more about the terrorists and the breadth of intelligence failures from the Joint Intelligence Committee Inquiry Report but we still don't know much about the other factors related to why our government failed to protect us. Since no substantive information about the investigation has been released, we are being asked to take on faith that an in-depth investigation is taking place and that it will not be a whitewash. But trust began to die when President Bush opposed an independent investigation for more than a year. We should not have had to fight our government for an independent Commission. Each subsequent misrepresentation or manipulation of facts by government officials has caused further erosion of trust. Lingering questions, and those that have been answered with half-truths or omissions, do not promote trust. Instead they lead to conjecture and discontent. Only a full, unfettered accounting of September 11th can restore faith in our government's integrity and aid the Commission in making appropriate recommendations for improved security. To reassure America that the Commission's investigation is pursuing the truth wherever it leads, the FSC recommends that • witnesses be sworn in • subpoenas be issued for recalcitrant witnesses and agencies • interim reports contain some concrete indication of progress being made, such as the Joint Intelligence Committee Inquiry did • hard hitting hearings be held in which government officials from the Bush and Clinton administrations are publicly questioned. Of the three public

hearings so far, only that involving the FAA and NORAD asked any probing, investigative questions. Some things about September 11th just don't make sense in light of intelligence gathered and established protocol and procedures in place prior to 9/11, so the Family Steering Committee has submitted questions to the Commission on a wide range of topics. To date, none of our questions have been answered. Why did our government fail its foremost obligation to protect its citizens on 9/11? All other questions stem from that. There are questions about domestic and foreign intelligence, INS, NSC, NSA, FAA, NORAD, stock puts, and Promis software. There are also questions about the influence of non-government entities on our government's foreign and domestic policies. No government official or agency should be exempt from questions about what they knew or did prior to or on September 11 . The Commission is the only entity that is investigating all the factors that contributed to the mass murder of 3000 people. It is the only one looking at the whole picture. We are counting on the Commission to examine evidence and explain how something so horrific could have happened here in America. All Americans are stakeholders in the success of the Independent Commission. The security of our nation depends on it. Until we fully understand what went wrong on September 11th, we can't fix the problems. Once the Commission makes recommendations for improved security, it will be up to Congress to rise above the influence of special interests and act on those recommendations. And then follow through to see that the laws are enforced. Until then, we will continue to be nearly as vulnerable as we were on September 11th.

FAMILY STEERING COMMITTEE FOR THE 9/11 INDEPENDENT COMMISSION www.911independentcommission.orQ

*Report Card - 9/11 Commission Our purpose in providing this report card is to motivate the Independent Commission to better serve the public interest by informing them of their progress and work. Our hope is that the Commission will view this mid-term Report Card and act upon areas of weakness. And, in doing so, better assure the American public that they are doing the job that needs to be done. * We understand that much of the Commission's work is done behind closed doors. This mid-term report card reflects the limited information that we have gleaned from openhearings, meetings and conversations with the 9/11 Commission staff director and 9/11 Commissioners. We are publishing this report card due to requests for information on the Commission's progress from victims' families and concerned citizens, alike.

Investigative, Informative Open Hearings

D

The topics and content of the prior three open hearings were disappointing. Both the selection of witnesses and the probing by Commissioners in public forum fell short of our expectations. Preparedness and critical thinking/questioning is a keystone of a thorough and worthwhile hearing, and in turn, an effective commission. Because the Commissioners either lacked the information and education on certain issues (namely the FAA and NORAD protocols, the timeline of 9/11, the evacuation and emergency response protocols of the City of NY), or simply did not have the will, the Commissioners, individually and as a whole, did not carryout the necessary hard-hitting lines of questioning, cross-examination and crucial follow-up questioning all of which are critical in unearthing the truth. The FSC feels that expert witnesses invited to testify before the Independent Commission should hold valuable and pertinent information that will yield fruitful insights into the systemic government failures that occurred on 9/11. As an example, in the most recent open hearing, we had an "expert" witness testifying on Iraq and no expert witness testifying about Saudi Arabia. The FSC would like to draw attention to the fact that 15 of the 19 hijackers were Saudi, and none were from Iraq. Additionally, the 900-page Joint Inquiry Report shows no Iraqi connection to 9/11.

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The FSC did attempt to recommend both Open Hearing topics and Open Hearing expert witness lists. Our requests were left unanswered. When invited to do so, the FSC has also supplied information and questions to the Commissioners for each open hearing. We will continue to do so. However, whether the Commissioners choose to use our line of questioning remains in their sole discretion.

Frequency of Hearings

C-

This Commission has been established for over nine months. Yet, there have only been three open hearings. At its inception, the Commission promised the FSC that there would be one open hearing per month. To date, the FSC has expressed concern about the infrequency of open hearings. We have also requested that certain months "double up" on hearings. These requests remain unanswered. The purpose and power of open hearings was illustrated during the Joint Inquiry's investigation. Open hearings inform the public. Open hearings provide the impetus for change by shedding sunlight onto problems and failures. Perhaps, most importantly, open hearings ensure that not all of a committee's work remains classified.

Family Member Testimony

B-

The FSC had hoped to have more than one opportunity to testify before the Independent Commission. The purpose of family member testimony is to draw better attention to areas that the Independent Commission is unwilling to address. To date, the FSC has requested the opportunity for family member testimony at each hearing. These requests have remained unanswered.

Staff Director Interim Reports

D

The legislation mandating the Independent Commission does not require Staff Director Interim Reports. The FSC has requested public interim reports be given by Philip Zelikow, much in the same way that Staff Director Eleanor Hill gave interim reports during the Joint Inquiry's investigation. Mr. Zelikow has denied such request. One of the FSC's goals for this commission was to better inform the public. It is evident that public awareness saves lives. United Airlines Flight 93 and Richard Reid the "shoebomber" are excellent examples of the power and importance of public awareness.

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Interim reports are critical in making the public more aware. Two years have passed since September 11th. Nine months have passed since this Commission has been established. And yet, the public still remains very much in the dark.

Structure and Conduct of Open Hearings

D

This commission was established as an "independent" body of individuals to conduct an independent, non-political, bi-partisan, and unbiased inquiry into the failures that occurred on 9/11. The FSC is shocked with the use of "minders" in the interrogatory process. And, despite the Commissioner's similar objection to "minders", as stated at the last press conference, "minders" continue to be present during witness examination and questioning. The FSC does not want "minders" present during any witness examination and questioning; it is a form of intimidation and it does not yield the unfettered truth. Also a concern of the FSC is the failure of this Commission to swear witnesses in prior to their testimony. Without sworn testimony, witnesses cannot be held accountable for what they testify about before the Commission. While given assurances by the Staff Director that prior witnesses would be brought to task for their inaccurate statements made during open hearings, the FSC has been given no evidence that has been done. The FSC has additional concerns regarding the Commission's reticence to subpoena witnesses. The FSC had wanted the Independent Commission to "subpoena early and often." The Commission's failure to subpoena, while polite, prohibits the ultimate claim by the Commission that they, themselves, were the victims of "stonewalling" by the agencies, organizations and councils. Nine months into their investigation, the Commission must use every avenue possible to gain the information and access to witnesses needed to make their investigation a success.

Understanding of the Commission's Mandate

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Public Law 107-306, which established this commission states that "the function of this commission is to conduct an investigation that investigates relevant facts and circumstances relating to the terrorist attacks of September 11th, 2001, including any relevant legislation, Executive Order, regulation, plan, policy, practice, or procedure; and may include relevant facts and circumstances relating to intelligence agencies; law enforcement agencies; diplomacy; immigration, non-immigrant visas, and border control; the flow of assets to terrorist organizations; commercial aviation; the role of Congressional oversight and resource allocation; and other areas of the public and private sectors determined relevant to the Commission for its inquiry.

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The Commission is to identify, review, and evaluate the lessons learned from the terrorist attacks from September 11th, 2001, regarding the structure, coordination, management policies, and procedures of the federal government, and, if appropriate, state and local governments and non-governmental entities relative to detecting, preventing, and responding to such terrorist attacks." Our interpretation of the Independent Commission's mandate is that the Commission would have investigated the Timeline of events that transpired on the morning of 9/11. There are a finite amount of facts that revolve around 9/11. These facts reveal a finite amount of glaring failures that occurred on behalf of our government and its agencies and institutions. If the Independent Commission's open hearings are evidence of the Commission's understanding of their mandate, then the Independent Commission's obligation as required under law will not have been met. This failure will not only be for the 9/11 victims' families, it will be a failure for all of the American people.

The Family Steering Committee Carol Ashley Mother of Janice Ashley, 25

Bill Harvey Widower of Sara Martley Harvey, 31

Kristen Breitweiser Widow of Ronald Breitweiser, 39

Mindy Kleinberg Widow of Alan Kleinberg, 39

Patty Casazza Widow of John F. Casazza, 38

Carie Lemack Daughter of Judy Larocque

Beverly Eckert Widow of Sean Rooney, 50

Sally Regenhard Mother of Christian Michael Otto Regenhard, 28

Mary Fetchet Mother of Bradley James Fetchet, 24

Lone Van Auken Widow of Kenneth Van Auken, 47

Monica Gabrielle Widow of Richard Gabrielle, 50

Robin Wiener Sister of Jeffrey Wiener, 33

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