January 2001, recommended the creation of a cabinet department dedicated to "homeland security." In May 2001,
President Bush named Vice President Cheney to head a task force on problems of national preparedness. His recently
hired coordinator, Admiral Steven Abbot, had started work just before the 9/11 attack.
names, see DOJ email, Chief Immigration Judge Michael Creppy to all immigration judges,"Cases requiring spe-
cial procedures," Sept. 21, 2001.This policy has been challenged in two U.S. courts of appeals.The Sixth Circuit
held that there is a constitutional right of public access to these hearings; the Third Circuit reached the opposite
result. The Supreme Court has not yet decided to resolve this "circuit split." See Detroit Free Press v. Ashcroft, 303
F.3d 681 (6th Cir. 2002); North Jersey Media Group, Inc. v.Ashcroft, 308 F.3d 198 (3d Cir. 2002), cert. denied, 123 S.Ct.
2215 (2003). For the length of the clearance process, see DOJ Inspector General report, "The September 11
Detainees:A Review of the Treatment of Aliens Held on Immigration Charges in Connection with the Investiga-
tion of the September 11 Attacks," Apr. 2003, p. 51.
19. John Ashcroft testimony, Apr. 13, 2004; DOJ record, "Special Interest Cases," Sept. 16, 2003.These num-
Service were held as material witnesses, and individuals were released "on bond" only after they were "cleared" by
the FBI of any connection to 9/11. For the response to our questions about the 9/11 detainee program, see DOJ
emails, Daniel Levin to the Commission, July 9, 2004; July 13, 2004.There is one exception to the statement in the
text that the detainees were lawfully held on immigration charges; one detainee was held for a short time "despite
the fact that there was no valid immigration charge." DOJ Inspector General report,"The September 11 Detainees,"
Apr. 2003, p. 15, n. 22. See also Khaled Medhat Abou El Fadl testimony, Dec. 8, 2003.
21. The complete title of the Act is Uniting and Strengthening America by Providing Appropriate Tools
273 (signed into law Oct. 26, 2001).
23. On the early development of the Patriot Act, see, e.g., Brill, After, pp. 7376, 120125.
24. During the morning of September 11, the FAA suspended all nonemergency air activity in the national
with the Department of Defense, Department of State, U.S. Secret Service, and the FBI.The Department of Trans-
portation reopened the national airspace to U.S. carriers effective 11:00
questions for the record, June 8, 2004.
deputy defense minister and other members of an official Saudi delegation, departed Newark Airport on Septem-
ber 14. Every airport involved in these Saudi flights was open when the flight departed, and no inappropriate actions
were taken to allow those flights to depart. See City of St. Louis Airport Authority, LambertSt. Louis International
Airport response to Commission questions for the record, May 27, 2004; Los Angeles International Airport response
to Commission questions for the record, June 2, 2004; Greater Orlando Aviation Authority, Orlando International
Airport response to Commission questions for the record, June 8, 2004; Metropolitan Washington Airports Author-
ity,Washington Dulles International Airport response to Commission questions for the record, June 8, 2004; Port
Authority of New York and New Jersey, JFK Airport response to Commission questions for the record, June 4,
2004; Massachusetts Port Authority, Logan International Airport, and Hanscom Airfield response to Commission
questions for the record, June 17, 2004; Las VegasMcCarran International Airport response to Commission ques-
tions for the record, June 22, 2004; Port Authority of New York and New Jersey, Newark Airport response to sup-
plemental question for the record, July 9, 2004.
September 13,Tampa police brought three young Saudis they were protecting on an off-duty security detail to the
airport so they could get on a plane to Lexington. Tampa police arranged for two private investigators to provide
security on the flight.They boarded a chartered Learjet. Dan Grossi interview (May 24, 2004); Manuel Perez inter-
view (May 27, 2004); John Solomon interview (June 4, 2004); Michael Fendle interview (June 4, 2004).The plane
took off at 4:37
International Airport response to Commission questions for the record, June 7, 2004.The plane's pilot told us there
was "nothing unusual whatsoever" about the flight other than there were few airplanes in the sky.The company's
owner and director of operations agreed, saying that "it was just a routine little trip for us" and that he would have