THIRTEEN
WHILE THE FIRE AND SMOKE OF THE ATTACKS WERE STILL IN THE AIR, top Bush administration officials had hurried out statements on a highly sensitive issue—the decision made on 9/11 to shoot down civilian airliners if they appeared to threaten Washington. Who issued that momentous order, and when?
First there had been the flat statement by Deputy Defense Secretary Wolfowitz that—had United 93 not crashed—Air Force pilots had been poised to shoot it down. Next, on the Sunday, had come Vice President Cheney’s account, in a Meet the Press interview, of how the shooting down of hijacked airliners had been authorized. Cheney said the “horrendous decision” had been made—with his wholehearted agreement—by the President himself. There had been moments, he said, when he thought a shoot-down might be necessary.
Bush took the decision during one of their phone calls that day, Cheney told Newsweek’s Evan Thomas. “I recommended to the President that we authorize … I said, ‘We’ve got to give the pilots rules of engagement, and I recommend we authorize them to shoot.’ We talked about it briefly, and he said, ‘OK, I’ll sign up to that.’ He made the decision.”
Bush himself, speaking with The Washington Post’s Bob Woodward, said Cheney had indeed suggested that he issue the order. His response, as he remembered it, had been monosyllabic. Just “You bet.” Later still, speaking with the 9/11 commissioners, Bush recalled having discussed the matter in a call made to him by Cheney, and “emphasized” that it was he who authorized the shoot-down of hijacked aircraft.
By the time the President wrote his 2010 memoir, that call from the Vice President had become a call he made to Cheney. Bush’s monosyllabic authorization, moreover, had transmogrified into a well thought-out plan.
“I called Dick Cheney as Air Force One climbed rapidly to forty-five thousand feet …,” the President wrote. “He had been taken to the underground Presidential Emergency Operations Center—the PEOC—when the Secret Service thought a plane might be coming at the White House. I told him that I would make decisions from the air and count on him to implement them on the ground.
“Two big decisions came quickly. The military had dispatched Combat Air Patrols—teams of fighter aircraft assigned to intercept unresponsive airplanes—over Washington and New York.… We needed to clarify the rules of engagement. I told Dick that our pilots should contact suspicious planes and try to get them to land peacefully. If that failed, they had my authority to shoot them down.”
It would have been unthinkable for the U.S. military to down a civilian airliner without a clear order from the President, as commander-in-chief. In his absence, the authority belonged to the secretary of defense, Donald Rumsfeld. “The operational chain of command,” relevant law decreed, ran “from the President to the Secretary of Defense,” and on through the chairman of the Joint Chiefs to individual commanders. The Vice President was not in the chain of command.
The generals understood that. In an earlier exercise, one that postulated a suicide mission involving a jet aimed at Washington, they had said shooting it down would require an “executive” order. The defense secretary’s authority, General Arnold told the Commission, was necessary to shoot down even a “derelict balloon.” Only the President, he thought, had the authority to shoot down a civilian airliner.
The Commission made no overt statement as to whether it believed Cheney’s assertion—that he recommended and Bush decided. Shown the final draft of the Report’s passage on the shoot-down decision, however, Cheney was furious. For all its careful language, the Report dropped a clear hint that its staff had found Cheney’s account—and Bush’s—less than convincing.
“We just didn’t believe it,” general counsel Daniel Marcus declared long afterward. “The official version,” John Farmer would say, “insisted that President Bush had issued an authorization to shoot down hijacked commercial flights, and that that order had been processed through the chain of command and passed to the fighters. This was untrue.”
Why might a phony scenario have been created? “The administration version,” Farmer noted, “implied, where it did not state explicitly, that the chain of command had been functioning on 9/11, and that the critical decisions had been made by the appropriate top officials.… None of this captures how things actually unfolded on the day.”
THE POTENTIAL NEED to shoot down an airliner occurred to the man in the hot seat at NEADS, Major Nasypany, as early as 9:20 on 9/11—after two successful terrorist strikes and the realization that there might be more to come. “My recommendation if we have to take anybody out, large aircraft,” he was taped saying, “we use AIM-9s [heat-seeking air-to-air missiles] in the face.” Nasypany began asking his team whether they could countenance such an act. Everyone knew, though, that a shoot-down would require authorization from the top.
“I don’t know,” said Technical Sergeant Watson, on the line to the FAA, “but somebody’s gotta get the President going.” “I’m amazed,” responded the operations manager at New York Center, “that we’re not at a higher level of Defcon readiness already.”
It was 9:30 by then. The President had yet to leave the school in Florida. Defense Secretary Rumsfeld, whose responsibility it was to set Defcon—the forces’ Defense Condition, or military alert status—knew of the New York attacks but had so far taken no action. A few minutes later, when the Pentagon was hit at 9:37, that key figure in the chain of command would head off to view the damage—and have no contact with the President or Vice President until after 10:00.
Staff at the National Military Command Center, whose task it was to connect the President and the defense secretary to those charged with carrying out their orders, looked for Rumsfeld in vain. It was “outrageous,” an unnamed senior White House official would later complain, for the man responsible for the nation’s defense to have been “out of touch” at such a time.
Official reports disagree on what Rumsfeld did after leaving the scene of the crash and before his reappearance at the Pentagon’s Executive Support Center around 10:15. Rumsfeld said in his Commission testimony that he had “one or more calls in my office, one of which I believe was with the President.” The Defense Department’s own report, however, states that he “tried without success to telephone the President.”
When the President and Rumsfeld did finally speak, according to the secretary’s communications assistant, the conversation covered only such questions as “Are you okay?” and “Is the Pentagon still intact?” The Commission decided that it was “a brief call, in which the subject of shoot-down authority was not discussed.”
Rumsfeld was still “just gaining situational awareness”—as he put it—as late as 10:35, when he finally joined a conference call that included Vice President Cheney. Shoot-down authority had already been issued, Cheney said, and—as the transcript of the conversation makes clear—that was news to the defense secretary:
CHENEY: There’s been at least three instances here where we’ve had reports of aircraft approaching Washington—a couple were confirmed hijack. And, pursuant to the President’s instructions, I gave authorization for them to be taken out … [Long pause] Hello?
RUMSFELD: Yes, I understand. Who did you give that direction to?
CHENEY: It was passed from here through the [Operations] Center at the White House, from the PEOC [shelter beneath the White House].
RUMSFELD: OK, let me ask the question here. Has that directive been transmitted to the aircraft?
CHENEY: Yes, it has.
RUMSFELD: So we’ve got a couple of aircraft up there that have those instructions at this present time?
CHENEY: That is correct. And it’s my understanding they’ve already taken a couple of aircraft out.
Later, interviewed for his own department’s report, Rumsfeld was asked whether shoot-down authorization “had come from the Vice President.” “Technically,” he replied, “it couldn’t. Because the Vice President is not in the chain of command. The President and he were talking, and the President and
I were talking, and the Vice President and I were talking. Clearly he was involved in the process.”
That fuzzy answer was of no use in establishing when and by whom the shoot-down authority was issued. Rumsfeld’s public testimony to the 9/11 Commission was no more useful. The record of what he told staff in closed session is still withheld, and his 2011 memoir added no substantive detail.
The White House itself ought to have been the best source of information on communications between Bush and Cheney, but the White House proved unhelpful. Though the Commission did manage to get clearance to interview a few of the staff members who had been around the President and Vice President that morning, what they learned on the shoot-down issue was of virtually no use.
“Very little new information has been gained in the five White House meetings conducted thus far,” a frustrated staffer noted in the final months of the Commission’s work. “To a person, no one has any recollection of the circumstances and details surrounding the authorization to shoot down commercial aircraft.… Our sense is that the White House will take the position that it is not possible to reconstruct—with any degree of accuracy or reliability—what went on that morning.”
Investigators also asked for interviews with relevant Secret Service agents, but the White House stalled. Then it offered limited access to some of them, with an attorney present. It was next to impossible, the staffer reported, to probe beyond the vague stories told by Bush and Cheney in their media interviews.
Faced with this obstruction, the Commission team concentrated on the paper trail. The White House famously keeps track of all high-level communications, maintains records of phone calls, logs of Secret Service operations, logs kept by military officers, a Situation Room log, a log of activity in the Presidential Emergency Operations Center—PEOC—the bunker in the bowels of the White House where Cheney spent much of the day on September 11, and logs kept aboard Air Force One. For the day of 9/11, there were also notes kept by individuals: President Bush’s press secretary, Vice President Cheney’s chief of staff, and his wife, Lynne Cheney.
Once again, however, the investigators found themselves stalled. White House personnel sought to limit the Commission’s access to the contemporary record, while simultaneously insisting it was unreliable. Undeterred, Commission staff built a chronology as best they could from available logs and from what witness testimony they did manage to obtain.
The record, such as we have it, does not support the Bush/Cheney version of events, that the President gave Cheney shoot-down authorization during a phone conversation sometime soon after 10:00 A.M., after Cheney’s arrival in the underground bunker.
The Bush/Cheney version, with its implication of the requisite line of command—Bush granted authority, Cheney transmitted it—does not mesh with events as they unfolded.
The emergency teleconferences that morning—one in the White House Situation Room, one at the Pentagon, another at the FAA—overlapped with one another, making for confusion rather than clarity. To participate in one, senior staff would temporarily have to drop out of another. The conference in the Situation Room—below the West Wing—was not linked to the part of the Pentagon dealing with the crisis, nor was it adequately linked to the Vice President in the PEOC, beneath the East Wing. “In my mind,” one witness recalled of the teleconferences, “they were competing venues for command and control and decision-making.”
It was not only the teleconferences that added to the fog. Some were to recall having seen staff members with a phone to each ear, reliance on runners to convey messages, and the use of personal cell phones to complete calls when landlines were unavailable. The cell phone system itself was at times overwhelmed.
Alerted to an aircraft approaching the city, just before Flight 77 struck the Pentagon, the Secret Service had hustled the Vice President toward the PEOC. Cheney had been logged in there at 9:58, having paused en route to use a phone in an adjacent passageway—and was to remain in the PEOC’s conference room thenceforth.
It was from the PEOC, within moments of his arrival there, that the Vice President supposedly had his exchange with Bush about shoot-down authority. Yet, though many other key events of that morning are reflected in the contemporary record, there is no documentary evidence of the call. It is especially perplexing, moreover, that—assuming there was such a call and assuming the President did give shoot-down authority—the Vice President made no immediate move to pass on the order.
What the record does show occurred, at about the time the Cheney-Bush call is supposed to have been made, is that staff in the Situation Room received reports that further aircraft were missing, were told that a Combat Air Patrol had been established over Washington, and began attempting to reach the President.
At 10:03, in the Situation Room, NSC staffer Paul Kurtz made a note as follows: “asking Prez authority to shoot down a/c [aircraft].” That attempt to reach Bush, however, was apparently unsuccessful. The evidence is that calls reached not the President but only those with the Vice President in the PEOC. The weight of the written and spoken evidence indicates that it was beween 10:10 and 10:20—on being told of the progress of a suspect airplane supposedly headed for the Washington area—that Cheney twice rapped out a shoot-down order.
The Vice President’s wife, Lynne, who was in the PEOC and not far from her husband, recorded some of the exchange about shoot-down authority in notes she made that morning.
Mrs. Cheney noted at “10:10”:
Aircraft coming in from 80 miles out
Dick asked? Scramble fighters?
Navy commander Anthony Barnes, the senior military officer on duty in the PEOC that morning, told the authors in 2010, “A call comes into the PEOC. I’m talking to a general on a secure line. He asks for permission to engage confirmed terrorists on board commercial airplanes. I went into the conference room and I posed this question to the Vice President exactly the way it was posed to me. I received permission.” Cheney’s chief of staff, Scooter Libby, has recalled in an interview that the Vice President, asked whether fighters had authority to engage, barely paused before responding simply, “Yes.”
At 10:12, Mrs. Cheney noted:
60 miles out—confirmed JOC [the Secret Service’s Joint Operations Center]
hijacked aircraft
fighters cleared to engage
The Vice President’s wife would recall feeling “a sort of chill up my spine, that this is the kind of things you only read about in novels … We had to shoot down those planes if they didn’t divert.”
“I asked for confirmation on what I was being allowed to pass back to the general,” Barnes recalled. “It was twice. I said it the first time and he answered straight up.… It wasn’t indiscriminately: ‘Splat everything airborne!’ It was ‘If you can confirm there’s another terrorist aircraft inbound, permission is granted to take it out.’ … I went back to the phone and said to the general, ‘The Vice President has authorized you to engage confirmed terrorist aboard commercial aircraft.’ ”
At 10:14, a lieutenant colonel at the White House passed word to the Pentagon that the Vice President had “confirmed” fighters were “cleared to engage the inbound aircraft if they could verify that the aircraft was hijacked.” It was, another officer said, a “pin-drop moment.”
A Libby note, timed as “10:15–18,” read:
Aircraft 60 miles out, confirmed as hijack—engage? VP: Yes. JB: Get President and confirm engage order
The initials “JB” referred to Joshua Bolten, the White House deputy chief of staff—who was also with the Vice President in the bunker. He suggested that Cheney call Bush, he told the Commission, because he “wanted to make sure the President was told that the Vice President had executed the order. He said he had not heard any prior discussion on the subject with the President.”
Nor had press secretary Ari Fleischer, who was at Bush’s side aboard Air Force One and keeping a record of everything that was said—at the President’s request. His notes up to that p
oint—like those of Scooter Libby and Lynne Cheney at the White House—contain no reference to any conversation with Cheney about shoot-down authorization. They do show, however, that at 10:20—two minutes after a formally logged call from the Vice President—Bush told Fleischer that “he had authorized a shoot-down if necessary.”
• • •
OTHER INFORMATION, reportable in detail now thanks to recent document releases, further suggests that the Vice President may have authorized the shooting down of suspect airliners without the President’s say-so. It involves exchanges between Secret Service agents at the White House and Air National Guard officers at Andrews Air Force Base, just ten miles southeast of Washington. Though not an “alert” base, its units proudly styled themselves the “Capital Guardians.”
Unlike the President—in his role as commander-in-chief—and those in the military chain of command, the Secret Service was not primarily concerned with countering the terrorist attacks. Its priority was the protection of the President and Vice President and those in the line of succession. On September 11, that meant trying to protect Air Force One and the White House itself from attack. On 9/11, according to Commission staff member Miles Kara, the missions of the military leadership—from the President as commander-in-chief on down—and the Secret Service were at times “mutually exclusive.”
A Secret Service agent and his FAA liaison had, early on, after the two attacks on New York, discussed the need to get fighters over Washington. Once the Pentagon had been hit, the phones began ringing at Andrews. Brigadier General David Wherley, the National Guard commander at the base, arrived at a run to learn that Secret Service agent Ken Beauchamp had rung with the message, “Get anything you can airborne.”