ny b7 fsc fdr- fsc report- fsc press release- commission talking points 793

8/14/2019 NY B7 FSC Fdr- FSC Report- FSC Press Release- Commission Talking Points 793

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Suggested talking point for Chairman Kean and Vice Chairman Hamilton Page 1 of 1

To : Chairman Kean & Vice Chair HamiltonFrom: Ellie Hartz & Emily Walker, Family Liaison OfficersThru: Chris KojmRe: Meeting on September 23rd with the Family Steering Committee immediately after the 2 PMpress briefing

The Family Steering Committee has issued a "Report Card" for the Commission, spelling out allof their concerns about the Commission's work: Their issues with the Commission have been consistent for several months. At the root of it seemsto 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 withregard to the 9-11 Commission. They have presented the idea to the families that it is the mandateof the Commission to identify who in the government was responsible for the murders of theirloved ones. While they give lip service to the idea of making recommendations that will improve thegovernment 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 becounterproductive. It is not clear that they take on board, much less accept, that the Commissionsees its mandate differently than they do.

Talking Points: While we appreciate that each of you have done a tremendous amount of research and are veryinformed through the media, we also know that there is misinformation and partial information inthe 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 beequally informed of our findings. We will be telling the story as authoritatively as we can, and gowhere the facts take us. Accountability will follows the facts. We will also be making policyrecommendations, 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 theirjobs to offer their expertise in their respective fields. The Commission is working very hard, but itcannot 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 toprovide 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 forNovember. [The families will likelypress for another hearing in NYC.] We appreciate the time you took to issue the report card, and we want to stay in closecommunication 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... 9/22/2003


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September 10,2003Family Steering Committee Press Conference Remarks

Three thousand lives were lost and three thousand fam ilies destroyed on September11 th. America was traumatized, and we are still reeling from the emotional and financialcarnage. The families of the dead and all Americans deserve some accountability fromou r government for its failure to protect us on 9/11.On August 27 th the Family Steering Comm ittee received an update on the C omm ission'sprogress. We learned that there has been improved compliance from some governmentagencies an d that minders continue to be present during interviews, even though th eChairman an d Vice Chairman publicly protested.W e appreciate that the Commission staff is working very hard on this complex probe.However, no findings from the Co mm ission's investigation have been released. A lotof frustration stems from the fact that we have not heard anything of substance. Theclock is ticking. Half th e Commission's allotted time has elapsed.Two years have passed since the attacks. We know more about the terrorists and thebreadth of intelligence failures from the Joint Intelligence Committee Inquiry Reportbu t we still don't know much about the other factors related to why our governmentfailed to protect us.Since no substantive information about the investigation has been released, we arebeing asked to take on faith that an in-depth investigation is taking place and that itwill not be a whitewash. But trust began to die when President Bush opposed anindependent investigation fo r more than a year. We should not have had to fight ourgovernment for an independent Commission. Each subsequent misrepresentation ormanipulation of facts by government officials has caused furthe r erosion of trust.Lingering questions, and those that have been answ ered w ith half-truths or om issions,do not promote trust. Instead they lead to conjecture a nd discontent.Only a full, unfettered accounting of September 11 th ca n restore faith in our government'sintegrity and aid the Commission in making appropriate recom mendations fo r improvedsecurity.To reassure Am erica that the C omm ission's investigation is pursuing the truth whereverit leads, the FSC recommends that witnesses be sworn in subpoenas be issued fo r recalcitrant witnesses an d agencies interim reports contain some concrete indication of progress being made ,such as the Joint Intelligence Committee Inquiry did

hard hitting hearing s be held in which government officials from th e Bushand Clinton adm inistrations are publicly questioned. O f the three public


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hearings so far, only that involving the FA A and NORAD asked any probing,investigative questions.Some things about September 11th just don't make sense in light of intelligence gatheredand established protocol and procedures in place prior to 9/11, so the Family SteeringCommittee has submitted questions to the Commission on a wide range of topics. Todate, none of our questions have been answered.W hy did our government fail its foremost ob ligation to protect its citizens on 9/11?All other questions stem from that. There are questions about domestic and foreignintelligence, INS, NSC, NSA, FAA, NORAD, stock puts, and Promis software. Thereare also questions about the influence of non-government entities on our government'sforeign and domestic policies. No government official or agency should be exempt fromquestions about what they knew or did prior to or on September 11 .The Comm ission is the only entity that is investigating all the factors that contributed tothe mass murde r of 3000 people. It is the only one looking at the whole picture.W e are counting on the Commission to exam ine evidence an d explain how something sohorrific could have happened here in America.All Americans are stakeholders in the success of the Independent Commission. Thesecurity of our nation depends on it. Until we fully understand what went wrong onSeptember 11th, we can't fix the problems.Once the Commission makes recommendations fo r improv ed security, it will be up toCongress to rise above the influence of special interests and act on thoserecommendations. And then follow through to see that the laws are enforced.Until then, we will continue to be nearly as vulnerab le as we w ere on September 11 th.


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FAMILY STEERING COMMITTEE FOR THE9/11 INDEPENDENT COMMISSION

www.911independentcommission.orQ

*Report Card - 9/11 CommissionOur purpose in providing this report card is to m otivate the Independent Com mission tobetter serve the public interest by informing them of their progress and work.Our hope is that the Com mission will view this m id-term Report Card and act upon areasof weakness. And, in doing so, better assure the Am erican public that they are doing thejob that needs to be done.* W e understand that m uch of the C omm ission's work is done behind closed doors. Thismid-term report card reflects the limited inform ation that we have gleaned from open-hearings, meetings and conversationswith the 9/11 Commission staff director and 9/11Com missioners. We are publishing this report card due to requests for information on theCommission's progress from victims' families and concerned citizens, alike.

Investigative, Informative Open Hearings DTh e topics an d content of the prior three open hearings w ere d isappointing. Both theselection of witnesses and the probing by Commissioners in public forum fell short of ourexpectations.Preparedness an d critical thinking/questioning is a keystone of a thorough an dworthwhile hearing, and in turn, an effective comm ission. Because the Com missionerseither lacked the information and education on certain issues (namely the FAA andNO RAD protocols, the time line of 9/11, the evacuation and emergency responseprotocols 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 ofquestioning, cross-examination and crucial follow-up questioning all of which are criticalin unearthing the truth.The FSC feels that expert witnesses invited to testify before the Independent C omm issionshould hold valuable an d pertinent information that will yield fruitful insights into thesystemic government failures that occurred on 9/11. As an example, in the most recentopen hearing, we had an "expert" witness testifying on Iraq and no expert witnesstestifying about Saudi Arabia. The FSC would like to draw attention to the fact that 15 ofthe 19 hijackers were S audi, and none were from Iraq. Additionally, the 900-page JointInquiry 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 expertwitness lists. Our requests were left unanswered. When invited to do so, the FSC has alsosupplied information and questions to the Commissioners for each open hearing. We willcontinue to do so. However, whether the Commissioners choose to use our line ofquestioning remains in their sole discretion.

Frequency of Hearings C-This Commissionhas been established for over nine months. Yet, there have only beenthree open hearings. At its inception, the Commission promised the FSC that there wouldbe one open hearing per month.To date, the FSC has expressed concern about the infrequency of open hearings. We havealso requested that certain months "double up" on hearings. These requests remainunanswered.The purpose and power of open hearings was illustrated during the Joint Inquiry'sinvestigation. Open hearings inform the public. Open hearings provide the impetus forchange by shedding sunlight onto problems and failures. Perhaps, most importantly, openhearings ensure that not all of a committee's work remains classified.

Family Member Testimony B-TheFSC had hoped to have more than one opportunity to testify before the IndependentCommission. The purpose of family member testimony is to draw better attention to areasthat the Independent Commission is unwilling to address.To date, the FSC has requested the opportunity for family member testimony at eachhearing. These requests have remained unanswered.

Staff Director Interim Reports DThe legislation mandating the Independent Commission does not require Staff DirectorInterim Reports. The FSC has requested public interim reports be given by PhilipZelikow, much in the same way that Staff Director Eleanor Hill gave interim reportsduring 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 evidentthat public awareness saves lives. United Airlines Flight 93 and Richard Reid the "shoe-bomber" 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 sinceSeptember 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 DThis commission was established as an "independent" body of individuals to conduct anindependent, non-political, bi-partisan, and unbiased inquiry into the failures thatoccurred on 9/11.The FSC is shocked with the use of "minders" in the interrogatory process. And, despitethe Commissioner's similar objection to "minders", as stated at the last press conference,"minders" continue to be present during witness examination and questioning. The FSCdoes not want "minders" present during any witness examination and questioning; it is aform 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 totheir testimony. Without sworn testimony, witnesses cannot be held accountable for whatthey testify about before the Commission. While given assurances by the Staff Directorthat prior witnesses would be brought to task for their inaccurate statements made duringopen hearings, the FSC has been given no evidence that has been done.Th e FSC has additional concerns regarding the Commission's reticence to subpoenawitnesses. The FSC had wanted the Independent Commission to "subpoena early andoften."The Commission's failure to subpoena, while polite, prohibits the ultimate claim by theCommission that they, themselves, were the victims of "stonewalling" by the agencies,organizations and councils. Nine months into their investigation, the Commission mustuse every avenue possible to gain the informationand access to witnesses needed to maketheir investigation a success.

Understanding of the Commission's Mandate incompletePublic Law 107-306, which established this commission states that "the function of thiscommission is to conduct an investigation that investigates relevant facts andcircumstances relating to the terrorist attacks of September 11th, 2001, includinganyrelevant legislation, Executive Order, regulation, plan, policy, practice, or procedure; andm ay include relevant facts and circumstances relating to intelligence agencies; lawenforcement agencies; diplomacy; immigration, non-immigrant visas, and border control;the flow of assets to terrorist organizations; commercial aviation; the role ofCongressional oversight and resource allocation; and other areas of the public and privatesectors determined relevant to the Commission for its inquiry.

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The Commissionis to identify, review, and evaluate the lessons learned from the terroristattacks from September 11th, 2001, regarding the structure, coordination, managementpolicies, and procedures of the federal government, and, if appropriate, state and localgovernments andnon-governmental entities relative to detecting, preventing, andresponding to such terrorist attacks."Our interpretation of the Independent Commission's mandate is that the Commissionwould 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 finiteamount of glaring failures that occurred on behalf of our government and its agencies andinstitutions.If the Independent Commission's open hearings are evidence of the Commission'sunderstanding of their mandate, then the Independent Commission's obligation asrequired under law will not have been met. This failure will not only be for the 9/11victims' families, it will be a failure for all of the American people.

The Family Steering CommitteeCarol AshleyMother of Janice Ashley, 25Kristen BreitweiserWidow of Ronald Breitweiser, 39Patty CasazzaWidow of John F. Casazza, 38Beverly EckertWidow of Sean Rooney, 50Mary FetchetMother of Bradley James Fetchet, 24Monica GabrielleWidow of Richard Gabrielle, 50

Bill HarveyWidower of Sara Martley Harvey, 31Mindy KleinbergWidow of Alan Kleinberg, 39Carie LemackDaughter of Judy LarocqueSally RegenhardMother of Christian Michael Otto Regenhard, 28Lone Van AukenWidow of Kenneth Van Auken, 47Robin WienerSister of Jeffrey Wiener, 33

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ny b7 fsc fdr- fsc report- fsc press release- commission talking points 793

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