9/11: Mystery Men

Brian F. Sullivan

As we wait for the unclassified version of the report of CIA 9/11 miscues to be released later this month, we now see the airlines sueing the FBI and CIA to depose agents they think will help absolve them of liability. So far, it is the same cast of characters from the Moussaoui trial, like FBI agents Erik Rigler, Coleen Rowley and Harry Samit, to mention a few.

But, there has been no mention made of Jack Salata, the FAA's liaison to the FBI in the lead up to 9/11, or Robert White, the FAA's liaison to the CIA's Counter Terrorism Center during that time. What information did they give to the 9/11 Commission and the Joint Intelligence Committee? How much of that was redacted and not made available to the public? If anyone wants to know exactly what information the CIA and FBI passed on to the FAA, weren't these two gentlemen the funnels?

Reportedly Robert White is known for his institutional knowledge and for having a memory like an elephant, so he should be able to recall what information he was provided by the CIA and how much of that he was allowed to pass on to the FAA. There may be a problem though with deposing Mr. White, as he was one of the witnesses "tainted" by TSA attorney Carla Martin during the Moussaoui trial.

If you don't remember Carla, she was the one who wrote this in an e-mail to potential witnesses, ""There is no way anyone could say that the carriers could have prevented all short bladed knives from going through -- Dave [Novak] MUST elicit that from you and the airline witnesses on direct, and not allow the defense to cut your credibility on cross."

So the question is, if Mr. White was "tainted" during the Moussaoui trial, wouldn't his deposition be "tainted" now?

As for Jack Salata, reportedly he was a meticulous record keeper, so he too should be able to recall what information he was provided by the FBI and how much of that he was allowed to pass on to the FAA. But, where was Mr. Salata's testimony during the Moussaoui trial? Was he interviewed by the prosecutor, David Novak? Was he deposed? If not, why not? Reportedly there was/is some disagreement between Mr. Salata and the FAA as to exactly what information about Moussaoui was passed from the FBI through the FAA liaison to the FAA's Office of Civil Aviation Security.

Isn't it past time to determine exactly what was passed on to the FAA and what the FAA did with that information? If there is a difference of opinion in that regard shouldn't it be exploited so that both sides of the story are told and the victims' families, as well as the American people, are given a more full accounting?

Although sueing the CIA and the FBI and releasing the story to the AP might simply be an attempt by the airlines to influence the jury pool for the damages trials this September, I, for one, would like to see Mr. Salata and Mr. White deposed, so that attornies representing the victims' familes could review their testimony on cross examination. Then, maybe we might be able to resolve exactly what information the CIA and FBI had and what was passed on to the FAA and the airlines.

In the interim, let's all watch for the CIA report due out by the end of August and continue to monitor the ongoing discovery, motions and objections in preparation for the damages trials to begin in early Sepember. Sooner or later discovery will fill in the gaps left in the 9/11 Commission Report.