Attorney General John Ashcroft came out swinging in testimony before the 9-11 Commission on Tuesday. "In 1995, the Justice Department embraced flawed legal reasoning, imposing a series of restrictions on the FBI that went beyond what the law required," he said. "The 1995 Guidelines and the procedures developed around them imposed draconian barriers to communications between the law enforcement and intelligence communities. The wall left intelligence agents afraid to talk with criminal prosecutors or agents. In 1995, the Justice Department designed a system destined to fail."
But Ashcroft's bombshell wasn't his description of the Clinton Administration's policies, which have been discussed by previous witnesses. "Somebody built this wall," Ashcroft told the commissioners, and then went on to accuse one of the commission's own.
"The basic architecture for the wall . . . was contained in a classified memorandum entitled 'Instructions on Separation of Certain Foreign Counterintelligence and Criminal Investigations,'" said Ashcroft. "Full disclosure compels me to inform you that its author is a member of this Commission." Ashcroft was referring to Jamie Gorelick, who served as Deputy Attorney General in the Clinton Administration.
From the beginning, Gorelick's appointment to the 9/11 Commission was problematic. She served not only as Attorney General Janet Reno's deputy but also as general counsel at the Department of Defense, jobs which put her at the heart of the Clinton Administration's anti-terrorism efforts. Her actions, as well as those of her superiors, are among the subjects this commission is tasked to review. How can she be expected to be impartial when it comes to evaluating her superiors, much less herself?
The memo Gorelick wrote has now been declassified and offers a window into the role she played in obstructing effective intelligence gathering and sharing during the Clinton Administration. The memo grew out of the Justice Department's prosecution of the 1993 terrorist attack on the World Trade Center -- the act that apparently gave Osama bin Laden the idea to try again in 2001.