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Site Map STATEMENT ON AVIATION SECURITY FOR THE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES |
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by Carol Ashley Statement on Aviation Security for the National Commission on Terrorist Attacks Upon the United States Seventh Public Hearing on Borders, Transportation, and Managing Risk by
Carol Ashley
Washington, D.C. It has been more than 28 months since the terrorist attacks that launched the War on Terrorism, a war which sent our men and women in the armed forces to fight so far from home. I pray for their safe return to their families and friends. Here at home, the factors which contributed to the terrorist attack are being investigated. It is critically important to our nation's safety that the 9/11 Commission determines why our intelligence agencies and national security system was unable to detect and subsequently, defend against the attacks that terrible morning. My name is Carol Ashley. I appreciate having the opportunity to submit a statement on aviation security to the National Commission on Terrorist Attacks Upon the United States. On September 11th, 2001, my beautiful 25 year old daughter, Janice, was killed in the terrorist attack on the World Trade Center. She worked on the 93rd floor of Tower One. Janice's dad, her 18 year-old brother and I were devastated by her death. Like the families of nearly three thousand others killed, our world became surreal, controlled by overwhelming, mind-numbing grief. Our close-knit family was shattered. Many of our dreams for the future died with Janice that morning. She was a joy, a light in our lives for twenty-five years. My heart aches. The pain of losing her will be with me until the day I die, and still overwhelms at times, even now. Janice's many young friends did not fare much better as they struggled to cope with the inconceivable: the sudden, violent death of one of their own, of one who had been so full of life and laughter, always looking ahead to the next adventure, sparkling with intelligence and joie de vivre. Our nation was traumatized by the enormity of the death toll, and the destruction, and by the stark realization of our vulnerability. Across America there was anger at the unspeakable savagery of the attack which targeted unsuspecting, innocent people. From the beginning, there was dismay. And questions, so many questions. What had gone wrong? Why hadn't our government fulfilled its foremost obligation-to protect our nation? It was soon apparent to some that an independent investigation into the terrorist attack was needed. We were stunned when President Bush opposed such an inquiry. After intense Congressional lobbying on the part of 9/11 family members, and with the help of some powerful members of Congress, the 9/11 Commission was created. For the first time, there was hope that we might find out why our loved ones are dead. Today, our questions remain unanswered. The 9/11 families and the American people deserve an explanation for what went wrong. In order to eliminate the systemic failure that allowed the terrorists to succeed, we must first understand what went wrong on September 11th. To gain that understanding, there are three basis questions which must be answered by all who were responsible for national security, including intelligence agencies, defense agencies, the FAA and immigration service, and the executive branch. Private sector entities responsible for security, including the airports, airlines and security firms, must also answer these questions:
With nearly 3,000 dead, no one should be exempt from scrutiny or accountability. So Many Questions
Our country was warned of coming attacks. From the Joint Intelligence Committee Inquiry Report, we know that our intelligence community was aware of a history of threats and attacks involving airlines as weapons. During the Bojinka plot investigation, for example, Philippine authorities interviewed Abdul Hakim Murad, an accomplice of Ramzi Yousef, architect of the 1993 WTC bombing. Murad admitted to taking flying lessons at U.S. flight schools and plotting to hijack a commercial aircraft and fly it into CIA headquarters in Langley, Virginia. [1] Warnings of a domestic attack came from foreign intelligence and governments, including Israeli intelligence officials who warned that large-scale terrorist attacks on high profile targets in America were imminent" [2] and Jordanians who warned of a major attack in the continental United States, using aircraft. Code name: The Big Wedding. [3]
Meanwhile, here at home in July, 2001, an attack was predicted by Richard Clarke, interim coordinator of the Counter¬ Terrorism Security Group (CSG). During a briefing on the terrorist threat to America, Clarke told officials fro m the Bush administration, FBI, FAA, Secret Service, Coast Guard and INS, "something really spectacular is going to happen here, and it's going to happen soon." [ 4] 2 As a result of the meeting all nonessential travel for counterterrorism staff was suspended, vacations were cancelled, domestic rapid response teams were alerted, and for six weeks the US government both here and overseas was on high alert for a terrorist attack. [5] But sometime prior to September 11th, the order was given to stand down.
After the revelation of the Aug 6th Presidential Daily Briefing which warned that terrorists may hijack planes, Condoleezza Rice explained, It was an analytic report that talked about UBL's [bin Laden's] methods of operation, talked about what he had done historically, in 1997, in 1998. It mentioned hijacking, but hijacking in the traditional sense and, in a sense, said that the most important and most likely thing was that they would take over an airliner, holding passengers and demand the release of one of their operatives. [6 ] An analysis of the method of operation of bin Laden's terror group, al Qaeda, reveals that its attacks have one goal -- killing as many people as possible, usually in a spectacular way. Further, al Qaeda's attacks are often lethal, well-planned, simultaneous strikes against symbolic or high- profile targets. Those characteristics are inconsistent with Ms. Rice's conclusion that the most likely scenario would be hijackings in the traditional sense, especially when coupled with bin Laden's declaration in 1998 that "every American should be a target for Muslims," and that it is "the duty of Muslims to confront, fight, and kill British and American citizens." [7]
Meanwhile, the American civilian population was blissfully ignorant of the danger. But some government officials stopped flying commercial planes, and others canceled plans to fly on September 11th. According to a CBS news report, Attorney General John Ashcroft stopped flying commercial airlines in July, 2001, due to an FBI threat assessment. [8] San Francisco Mayor Willie Brown, who was scheduled to fly into New York City on the 11 th, was advised late on the night of September 10th to be cautious about air travel into New York City. [9] On September 10th, Pentagon brass suddenly canceled flights scheduled for the 11th. [10] 3
Had we known of the terrorist threat, many more of those in Tower Two might have escaped after the first plane hit Tower One. Perhaps there was no way my daughter and those in Tower One could have been saved.
In the Stewart episode, the first to respond was an F-16 on a routine mission. It was diverted to provide an "emergency escort". F-16s were later scrambled from Fargo, and two armed fighters were on standby. [11] That's a very different response from what happened on the morning of September 11th. It is reported that while "Flights 11 and 175 were in the air, 2 F-15s were hovering in a 150¬ mile chunk of air space off the coast of Long Island as ordered." [12]
NORAD reportedly had 20 planes on standby, (six of them in Canada) ready to depart within 15 minutes. [13]
American Airlines Flight 11, which departed Boston at 7:59 AM, was known to be off- course and a suspected hijacking as early as 8: 13 AM. The transponder was turned off at 8:20 AM. Surely the air traffic controller recognized something was wrong by then. That was twenty-six minutes before the plane struck the Tower One. But the hijacking was not reported to NORAD until 8:34, according to the FAA. NORAD, however, says it was notified at 8:40.
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A flight attendant on American Airlines Fit 11 notified her supervisor within the first few minutes of the plane being overtaken.
Port Authority Port Authority transcripts reveal that air traffic controllers at La Guardia Airport did not know that a hijacked plane had hit Tower One. [15] Local air traffic controllers were apparently unaware that a rogue airliner, unresponsive to air traffic control, had entered New York City's crowded airspace.
The Port Authority of NY/NJ owns and operates Newark International Airport. They also owned and operated the World Trade Center.
There were two changes to aviation security regulations in the summer of 2001. Two months before the terrorist attacks, a 40 year old FAA rule allowing commercial airline pilots to carry handguns was rescinded. [16]
The second change involved protocol for responding to a hijacking. In June, 2001, Secretary of Defense Donald Rumsfeld modified NMCC response procedure in the event of a hijacking. 5 Previously, it read : "The NMCC will monitor the situation and forward all requests or proposals for DOD military assistance for aircraft piracy (hijacking) to the Secretary of Defense for approval. " [ 17] As amended in June, 2001 : The NMCC will, with the exception of immediate responses as authorized by reference d, forward requests for DOD assistance to the Secretary of Defense for approval. [18]
Secretary of Defense Rumsfeld should have been advised of a terrorist attack forthwith. However, in an interview on September 16, 2001, Rumsfeld appears to indicate that he was unaware that our country was under attack until the Pentagon was hit. Donaldson: On Tuesday I am told the FAA notified someone in the Pentagon that there was a rogue plane apparently headed toward Washington. But you didn't know it, am I correct? -- until it hit? Rumsfeld: I was in the Pentagon and felt the shock of the attack, and -- Donaldson: What did you think it was? Rumsfeld: A bomb? I had no idea. I looked out the window and raced down the corridors till the smoke was too bad and then went outside, and saw the devastation and talked to an eyewitness who told me that he had seen an aircraft plow into the Pentagon between the first and second floor. [19]
At 9: 05 when the second plane hit the World Trade Center, most of America knew we were under attack. Although President Bush was told of the incidents, he continued to read to children in a Florida classroom. [20] 6
Both towers of the World Trade Center were burning. As the inferno raged, thousands were burning to death or suffocating from smoke inhalation. To avoid the flames, some jumped from hundreds of feet in the air. Then, as America watched, the buildings collapsed, killing the injured and the rescuers inside. Two hijacked planes were still in the air. Given the circumstances, it defies understanding that the Pentagon was not on Delta alert, prepared to defend itself.
The Failure of Aviation Security There were multiple failures and flaws in our nation's security system which contributed to the terrorists' ability to carry out their savage attacks on September 11th. The failure of aviation security, both government and private sector, is a major contributing factor to death of nearly 3000 people on 9/11. Concerns about poor security at our nation's airports have been repeatedly presented to Congress. In January, 2003, for example, Justice Department Inspector General Glenn A. Fine released an audit citing continued failure by the INS to correct many significant security deficiencies at airports, first identified in a 1999 audit, such as poorly located or inoperable surveillance cameras, the inability to videotape interviews with detainees, and alarms that either didn't work or were never installed. [22] Inexcusably, the INS did not advise its airport staff of deficiencies cited in the 1999 audit. INS officials claimed that airport security is not their job. Fine disagreed; he contended, correctly, that airport security and border security are synonymous. [23]
The Airports According to Federal Code, the FAA Administrator and the FBI Director share joint responsibility for assessing the threats to domestic aviation. Part of their task is to carry out periodic assessments of security at each airport in the system. [24]
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The FAA The FAA, the airlines, airline lobbyists and Congress each share some responsibility for undermining aviation security. The FAA, in response to pressure from the airlines, trade groups and members of Congress, routinely whittles down fines for security violations. Michael Pangia, former FAA chief trial lawyer, said, "'it's a common practice' for the airlines and FAA to negotiate fines down to as low as 10 cents on a dollar --and often times agreeing on a price for a bulk of fines." [25] According to a CNN story, paying the cheaper fines could be less expensive for the airlines than instituting the required security measures. [26] That would be especially true if the fines were reduced to ten cents on the dollar. Previous testimony before the 9/11 Commission revealed that some members of Congress, alerted by airline lobbyists about situations unfavorable to the airlines, prevailed upon the FAA to reduce fines and soften rules and requirements.
According to USA TODAY, two weeks after the September 11th terrorist attack, American Airlines received special permission from the FAA to allow passengers to board its flights before the airline determined whether the passengers were on the FBI's watch list. According to the news account, the security directive was exclusive to American Airlines and conflicted with the directives to all other airlines. [27] 8
Even the INS at the airports apparently felt the impact of the airline lobby. Included in a report on the INS by the Justice Department Inspector General's office, was the notion that INS officials didn't use their authority to compel airports and airlines to provide more secure areas for screening foreign travelers because they feared the airline lobby. [28]
Gore Commission Several key recommendations of the 1996 Gore Commission on Aviation Safety and Security had not been implemented as of September 11, 2001, due to federal bureaucracy and pressure from airline lobbying, according to The Los Angeles Times (10/06/01). Among them was a recommendation that might have prevented the September 11th atrocities: screening all passengers with computerized profiling systems for the purpose of detecting potential terrorists. Carol Hallett, president of the Air Transport Association, acknowledged that more should have been done by the airline industry when she said, "In our hearts, everyone must realize that failure to use the [profiling] techniques that are available today may be directly responsible for the events of Sept. 11." [29] Apparently there was pressure from the airline industry even before the final recommendations of the Gore Commission were issued. The timelines were scrapped.
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When the 9/11 Commission makes recommendations about aviation security, Congress must see to their swift and full implementation, including deadlines with mandatory fines for noncompliance. Congressional oversight should also require an annual report by the FAA about the status of security at our nation's airports and compliance with the recommended security measures. The influence of special interest groups and interagency wrangling must not be allowed to interfere with the security of our nation. Weapons Guns, knives, explosives, tear gas and incendiary devices were on the prohibited weapons list on 9/11. So were box cutters. Box cutters were found on two planes grounded on September 11th. The box cutters were found under adjoining seat cushions on a flight out of Boston. Others were found in a trash bin on a plane bound from Atlanta to Brussels. [30] It is reported that the hijackers used box cutters.
Based on testimony of an FBI agent at the trial of Mohammed Mottassadeq, it is known that pepper spray was used on Flight 11. Calls to family members from Fit 175 passengers also indicated that terrorists had sprayed them with "Mace." Pepper spray was a prohibited carry-on item on September 11, 2001. Although it was widely reported in the press that box cutters were legal on September 11th, that is not so. They were clearly proscribed, as was pepper spray. [31]
10 FAA Information Circulars On May 16, 2002, National Security Advisor Condoleezza Rice discussed FAA warnings to the airlines prior to 9/11 : Now the FAA was also concerned of threats to U. S. citizens, such as airline hijackings and, therefore, issued an information circular [about] that and an information circular goes out to private carriers from law enforcement, saying that we have a concern. That was a June 22 information circular. On July 18, the FAA issued another IC saying that there were ongoing terrorist threats overseas, and that there. ..although there were no specific threats directed at civil aviation, they told the airlines, we are urge[sic] you to use the highest level of caution. [32] Threats of hijackings by Bin Laden's terror network were not new to the FAA. In 1998, the FAA issued three alerts about a possible hijacking in the Eastern United States by bin Laden's terrorist network. The FAA urged a "high degree of vigilance" at the nation's airports and airlines at that time, too. [33] FAA Information Circulars are classified, even though an IC is less serious than a "security directive" or an "emergency amendment." The latter two inform officials of a threat and give instructions on specific counter-measures to be implemented.
Airline Security Screening Nine of the hijackers were selected for special security screenings. Six hijackers were targeted for tightened security by a computerized screening system. Two had irregularities in their identification documents and one was selected because he was traveling with a questionable individual. [34] This raises a number of questions about security procedures:
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The Civil Aviation Security (CAS) division of the FAA establishes the guidelines and requirements for airport security with the goal of ensuring the safety of passengers. There are FAA agents working under CAS at every major airport. [35]
In light of the elevated terrorist threat involving hijacked planes, it is inconceivable that the names of those known to be allied with al Qaeda were not given to the FAA and immigration. Yet in the case of Khalid al-Midhar and Nawaf al-Hazmi, two of the hijackers on AA Fit 77, who were finally watchlisted by the CIA in Aug, 2001, the FAA was not advised. [36] 12
Evidence
By law, the FBI becomes the lead investigative agency when airline crashes are the result of a criminal act, and the NTSB provides support when requested. [37] However, the families were advised by FBI officials that the FBI is investigating only the terrorists. Why, then, have we heard nothing from the NTSB? According to Mary Schiavo, former Inspector General of the Department of Transportation, "In every single aviation disaster, whether there was criminal activity or not, in every single one in the course of aviation history it has been followed -- not only where necessary a national criminal investigation -- but also a National Transportation Safety [Board] investigation into what went wrong in the aviation system so that it never happens again." [38] NTSB experts would examine flight and data recorders, and Arc radar tracking data, as well as evaluate the transcripts of air controller-pilot conversations and study air traffic control service on September 11th. They would have also collected airframe wreckage at the scenes and interviewed eye witnesses. Finally, the NTSB would have assessed survival factors, based on documentation of impact forces, emergency planning and crash-fire-rescue efforts, [39] all of which would have contributed to a better understanding of what happened that morning. It also would have explored some of the unexpected eye witness accounts of a blast just before Fit 93 crashed, as well as alleged sightings of C-130 cargo planes near both the Shanksville and Pentagon crashes. [ 40]
Manifests
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Flight Schools
It is alleged in a letter sent to President Bush by 9/11 widow Ellen Mariani, that Governor Jeb Bush removed documents from Huffman aviation (which was attended by some of the hijackers) and had them flown out of the country on a C-130 cargo plane. [41]
14 Conclusion The failure of aviation security was a significant aspect of our national security lapse and must be thoroughly explored. However, aviation security is only part of the story. The task of the 9/11 Commission is daunting, and critically important to America's safety. Its investigation is wide ranging and complicated, involving intelligence and security agencies, terrorist money trails, immigration, executive branch information and decisions, and Congressional oversight, in addition to aviation security. Unearthing the causes of the systemic breakdown which led to the death of nearly 3,000 people is urgent for our national security. The 9/11 Commission has an obligation to our nation to fulfill its mandate. To be credible, its investigation must be politically blind, independent and transparent. It must follow a II leads and threads of evidence that will explain why our nation was vulnerable to attack and why there seemed to be no defensive action taken that terrible morning. The Commission cannot do its job without access to the information it needs. The cloak of national security has shielded documents and testimony which would explain the actions and decisions of our government which may have affected our nation's preparedness and response. Commissioners, who have the highest security clearance, should not be denied access to any critical information. In seeking answers to the many outstanding questions, we are not asking for the release of sensitive national security documents. As Americans who experienced the death of a family member as a result of a breach in national security, we would never do anything to endanger our nation, our intelligence agents or their sources. But, the families and the American people deserve a full, truthful accounting about our government's failure to protect us on September 11 th. Such an accounting can be done without endangering innocent people, exposing state secrets, or risking national security. We appeal to anyone of conscience who has information about any aspect of the terrorist attacks to come forward. Please contact the National Commission on Terrorist attacks Upon the United States or a member of the Family Steering Committee for the 9/11 Independent Commission at http://www.911independentcommission.org Yes, there were a lot of dots to connect. But look at what was known. Our intelligence agencies were tracking the hijackers. Eleven nations warned us of the attack. There was foreknowledge by some. [42] Hijackings were predicted. The targets had been identified. It is heartbreaking and infuriating to think that there were clear warnings, yet, seemingly, preventive measures were not taken; that protocols were not followed which might have saved so many lives. Instead, innocent people were murdered in an unconscionable act of barbarism, shattering three thousand families, traumatizing our nation and horrifying the world. It should never have happened. 15 References All websites were accessed on January 23, 2004 |