T H E W O R L
D T R A D E C E N T E R . . .T H E T R I A L
Rebuilding efforts and memorials at all September 11, 2001 sites.


PROFILE OF WTC
DEVELOPER
First row: another view of the hole, with indications that work
moves ahead on infrastructure...the Pentagon, seven years on, first
site to be rebuilt.





Second row: Middle two pictures show design
competition
winner at left (the link is to an RPA sub-page) and what is going to be
built, at right. MEANWHILE...the real work, we hope, has been
going on underground. Below the surface involves improvements to
lower Manhattan connectivity into transportation grid, that's our
guess...RPA has a summary of
where things stand as of 2003
for addressing this matter. The blue light would
have been less expensive...look
who addressed a big RPA meeting (expertise on NY to DC train
service)! Pennsylvania field, site of
heroic effort by passengers.

With Remarks on Mosque, Obama Enters
Risky Debate
NYTIMES
By SHERYL GAY STOLBERG
August 14, 2010
PANAMA CITY, Fla. — Faced with withering Republican criticism of his
defense of the right of Muslims to build a community center and mosque
near ground zero, President Obama quickly recalibrated his remarks on
Saturday, a sign that he has waded into even more treacherous political
waters than the White House had at first realized.
In brief comments during a family trip to the Gulf of Mexico, Mr. Obama
said he was not endorsing the New York project, but simply trying to
uphold the broader principle that government should “treat everybody
equally,” regardless of religion.
“I was not
commenting, and I will not comment, on the wisdom of making the
decision to put a mosque there,” Mr. Obama said. “I was commenting very
specifically on the right people have that dates back to our founding.
That’s what our country is about.”
But Mr. Obama’s attempt to clarify his remarks, less than 24 hours
after his initial comments at a White House iftar, a Ramadan sunset
dinner, pushed the president even deeper into the thorny debate about
Islam, national identity and what it means to be an American — a move
that is riskier for him than for his predecessors.
From the moment he took the oath of office, using his entire name,
Barack Hussein Obama, as he swore to protect and defend the
Constitution, Mr. Obama has personified the hopes of many Americans
about tolerance and inclusion. He has devoted himself to reaching out
to the Muslim world, vowing, as he did in Cairo last year, “a new
beginning.”
But his “new beginning” has aroused nervousness in some, especially
those who disagree with his counterterrorism policies, or those more
comfortable with a vision of America as a white and largely Christian
nation, and not the pluralistic melting pot Mr. Obama represents.
The debate over the proposed Islamic center in Manhattan only
intensified on Saturday, as the conservative blogosphere lighted up
with criticism of Mr. Obama, and leading Republicans — including Newt
Gingrich, the former House speaker; Representative John A. Boehner, the
House minority leader; and Representative Peter T. King of New York —
forcefully rejected the president’s stance.
Mr. Gingrich accused the president of “pandering to radical Islam.” Mr.
Boehner said the decision to build a mosque so close to ground zero was
“deeply troubling, as is the president’s decision to endorse it.” And
Mr. King flatly said the president “is wrong,” adding that Mr. Obama
had “caved in to political correctness.”
Indeed, the criticism was so intense that the White House ultimately
issued an elaboration on the president’s clarification, insisting that
the president was “not backing off in any way” from the comments he
made Friday night.
“As a citizen, and as president,” Mr. Obama said then, “I believe that
Muslims have the same right to practice their religion as everyone else
in this country. And that includes the right to build a place of
worship and a community center on private property in Lower Manhattan,
in accordance with local laws and ordinances.”
The local issue of the mosque and the wider issues of Islam and
religious freedom are just part of a divisive cultural and political
debate that is percolating in various forms during this hotly contested
election season. On Capitol Hill, for instance, some Republicans
advocate amending the Constitution to bar babies born to illegal
immigrants from becoming citizens — a move the president also opposes.
“I think it’s very important, as difficult as some of these issues are,
that we stay focused on who we are as a people and what our values are
all about,” the president said here on Saturday.
Mr. Obama’s predecessor, George W. Bush, also held annual Ramadan
celebrations and frequently took pains to draw a distinction between Al
Qaeda and Islam, as Mr. Obama did Friday night. But Mr. Obama, unlike
Mr. Bush, has been accused of being a closet Muslim (he is Christian)
and faced attacks from the right that he is soft on terrorists.
“For people who already fear the worst from Obama, this only confirms
their fears,” said John Feehery, a Republican consultant who spent
years as a top party aide on Capitol Hill. “This is not a unifying
decision on his part; he chose a side. I understand why he did this,
but politically I think it’s a blunder.”
White House aides say Mr. Obama was well aware of the risks. “He
understands the politics of it,” David Axelrod, his senior adviser,
said in an interview.
Few national Democrats rushed to Mr. Obama’s defense; party leaders,
who would much prefer Mr. Obama to talk about jobs, were mostly silent.
Two New York Democrats, Senator Kirsten E. Gillibrand and
Representative Jerrold Nadler, however, did back Mr. Obama. But Alex
Sink, the Democratic candidate for governor here, distanced herself,
while Gov. Charlie Crist, a Republican-turned-independent, defended the
president.
“I think he’s right,” Mr. Crist told reporters during an appearance
with the president at a Coast Guard station here.
Mr. Obama has typically weighed in on such delicate matters only when
circumstances have forced his hand, as he did during his campaign for
president, when he gave a lengthy speech on race in America in response
to controversy swirling around his relationship with his fiery former
pastor, Jeremiah Wright.
Debate about the Islamic center had been brewing for weeks, yet Mr.
Obama had studiously sidestepped it.
But the Ramadan dinner seemed to leave the president little choice.
Aides said there was never any question about what he would say.
“He felt that he had a responsibility to speak,” Mr. Axelrod said.
Full text of Obama's
remarks on plans to build a mosque near Ground Zero
NYPOST
Last Updated: 8:22 AM, August 14, 2010
Posted: 6:31 AM, August 14, 2010
Remarks by President Barack Obama on the plans to build a
mosque near ground zero, as provided by the White House:
Here at the White House, we have a tradition of hosting
iftars that goes back several years, just as we host Christmas parties
and Seders and Diwali celebrations. And these events celebrate the role
of faith in the lives of the American people. They remind us of the
basic truth that we are all children of God, and we all draw strength
and a sense of purpose from our beliefs.
These events are also an affirmation of who we are as
Americans. Our founders understood that the best way to honor the place
of faith in the lives of our people was to protect their freedom to
practice religion. In the Virginia Act of Establishing Religion
Freedom, Thomas Jefferson wrote that “all men shall be free to profess,
and by argument to maintain, their opinions in matters of religion.”
The First Amendment of our Constitution established the freedom of
religion as the law of the land. And that right has been upheld ever
since.
Indeed, over the course of our history, religion has
flourished within our borders precisely because Americans have had the
right to worship as they choose — including the right to believe in no
religion at all. And it is a testament to the wisdom of our founders
that America remains deeply religious — a nation where the ability of
peoples of different faiths to coexist peacefully and with mutual
respect for one another stands in stark contrast to the religious
conflict that persists elsewhere around the globe.
Now, that’s not to say that religion is without controversy.
Recently, attention has been focused on the construction of mosques in
certain communities — particularly New York. Now, we must all recognize
and respect the sensitivities surrounding the development of lower
Manhattan. The 9/11 attacks were a deeply traumatic event for our
country. And the pain and the experience of suffering by those who lost
loved ones is just unimaginable. So I understand the emotions that this
issue engenders. And ground zero is, indeed, hallowed ground.
But let me be clear. As a citizen, and as president, I
believe that Muslims have the same right to practice their religion as
everyone else in this country. And that includes the right to build a
place of worship and a community center on private property in lower
Manhattan, in accordance with local laws and ordinances. This is
America. And our commitment to religious freedom must be unshakeable.
The principle that people of all faiths are welcome in this country and
that they will not be treated differently by their government is
essential to who we are. The writ of the founders must endure.
We must never forget those who we lost so tragically on 9/11,
and we must always honor those who led the response to that attack -
from the firefighters who charged up smoke-filled staircases, to our
troops who are serving in Afghanistan today. And let us also remember
who we’re fighting against, and what we’re fighting for. Our enemies
respect no religious freedom. Al-Qaida’s cause is not Islam — it’s a
gross distortion of Islam. These are not religious leaders — they’re
terrorists who murder innocent men and women and children. In fact,
al-Qaida has killed more Muslims than people of any other religion —
and that list of victims includes innocent Muslims who were killed on
9/11.
So that’s who we’re fighting against. And the reason that we
will win this fight is not simply the strength of our arms — it is the
strength of our values. The democracy that we uphold. The freedoms that
we cherish. The laws that we apply without regard to race, or religion,
or wealth, or status. Our capacity to show not merely tolerance, but
respect towards those who are different from us — and that way of life,
that quintessentially American creed, stands in stark contrast to the
nihilism of those who attacked us on that September morning, and who
continue to plot against us today.
In my inaugural address I said that our patchwork heritage is
a strength, not a weakness. We are a nation of Christians and Muslims,
Jews and Hindus — and nonbelievers. We are shaped by every language and
every culture, drawn from every end of this Earth. And that diversity
can bring difficult debates. This is not unique to our time. Past eras
have seen controversies about the construction of synagogues or
Catholic churches. But time and again, the American people have
demonstrated that we can work through these issues, and stay true to
our core values, and emerge stronger for it. So it must be — and will
be — today.
And tonight, we are reminded that Ramadan is a celebration of
a faith known for great diversity. And Ramadan is a reminder that Islam
has always been a part of America. The first Muslim ambassador to the
United States, from Tunisia, was hosted by President Jefferson, who
arranged a sunset dinner for his guest because it was Ramadan — making
it the first known iftar at the White House, more than 200 years ago.
Like so many other immigrants, generations of Muslims came to
forge their future here. They became farmers and merchants, worked in
mills and factories. They helped lay the railroads. They helped to
build America. They founded the first Islamic center in New York City
in the 1890s. They built America’s first mosque on the prairie of North
Dakota. And perhaps the oldest surviving mosque in America — still in
use today — is in Cedar Rapids, Iowa.
Today, our nation is strengthened by millions of Muslim
Americans. They excel in every walk of life. Muslim American
communities — including mosques in all 50 states — also serve their
neighbors. Muslim Americans protect our communities as police officers
and firefighters and first responders. Muslim American clerics have
spoken out against terror and extremism, reaffirming that Islam teaches
that one must save human life, not take it. And Muslim Americans serve
with honor in our military. At next week’s iftar at the Pentagon,
tribute will be paid to three soldiers who gave their lives in Iraq and
now rest among the heroes of Arlington National Cemetery.
These Muslim Americans died for the security that we depend
on, and the freedoms that we cherish. They are part of an unbroken line
of Americans that stretches back to our founding; Americans of all
faiths who have served and sacrificed to extend the promise of America
to new generations, and to ensure that what is exceptional about
America is protected — our commitment to stay true to our core values,
and our ability slowly but surely to perfect our union.
For in the end, we remain “one nation, under God,
indivisible.” And we can only achieve “liberty and justice for all” if
we live by that one rule at the heart of every great religion,
including Islam — that we do unto others as we would have them do unto
us.

As Tower Rises, So Do Efforts to Buy In
NYTIMES
By CHARLES V. BAGLI
April 23, 2010
The planned skyscraper once known as the Freedom Tower was scorned for
years by urban planners, downtown residents and real estate executives
who regarded it as an oversize and unnecessary exercise in waste and
hubris. But the acrimonious debates, cost overruns and lengthy
delays in building the tower appear to be over. More than 1,400 workers
are pouring concrete and installing girder upon girder. And with the
red steel latticework for the obelisk-shape building now rising more
than 240 feet at ground zero, it has turned into an object of desire.
Four major real estate developers are vying to buy a minority stake in
the $3.1 billion project and to take over the leasing and operating of
the skyscraper. This week, the developers submitted their final offers
to the owner, the Port Authority of New York and New Jersey, which
plans to pick a winner by June.
“The building has real international significance, and it’s important
for New York,” said Stephen M. Ross, chief executive of Related
Companies, one of the four companies competing for the $100 million
deal.
Despite the recent Cinderella-like transformation of Freedom Tower, now
known as 1 World Trade Center, it still faces a daunting challenge:
whether it can attract private companies or will remain a heavily
subsidized “government” building.
The Port Authority and its advisers at Cushman & Wakefield are
pitching it as the most modern addition to the city’s skyline, with
first-class restaurants and an observatory at the top that will attract
business leaders and tourists alike. The developers seem to
agree. Even Douglas Durst, the chairman of the Durst Organization,
whose family opposed both the original World Trade Center and the
version being built, has jumped into the competition for the tower,
along with Hines, an international real estate developer, and Mortimer
B. Zuckerman, the chairman of Boston Properties and the owner of The
Daily News.
Vornado Realty Trust, a publicly traded company, and Brookfield
Properties, the largest downtown landlord, have already been eliminated
from the competition.
The competing developers acknowledge the immediate challenge of finding
enough tenants for the building. But they say that a stake in 1 World
Trade Center is a long-term investment in the future of the building
and of Lower Manhattan. They said they were confident the area would
rebound as both a residential and a commercial community, and some said
they were also seeking the cachet of being associated with an
internationally known skyscraper.
“You have to take a patient approach to your capital on this,” said
Tommy Craig, a senior vice president for Hines. “It’s possible to
structure the investment so that the risk that’s inherent is
potentially offset by the return opportunities.”
One World Trade Center was a centerpiece of the master plan drawn up in
2003 by the architect Daniel Libeskind. Gov. George E. Pataki added to
its patriotic patina by dubbing it the Freedom Tower. David M. Childs
of Skidmore, Owings & Merrill turned the drawing into a glass
tower. But after the Police Department raised security concerns, he was
forced to redesign it in 2005. In turn, corporate tenants and
government workers declared they had no desire to move in. Some real
estate executives railed against building so much expensive office
space downtown without any tenants. Eliot Spitzer referred to it as a
white elephant while he was running for governor but ultimately
authorized its construction.
Initially, the building was “laden with negative symbolism and
emblematic of the delays at ground zero,” said Julie Menin, the
chairwoman of Community Board 1 in Manhattan, whose district includes
the trade center site.
“Now,” she continued, “all these developers are vying for the site.”
The 104-story glass tower will sit on a 186-foot pedestal of prismatic
glass covering a concrete-and-steel protective structure at the
northwest corner of the 16-acre site. A 408-foot spire will rise from
the top, bringing the total height to a symbolic 1,776 feet. In
an effort to kick-start the building, federal and state officials
promised to lease a total of 1.2 million square feet, or about 40
percent of the tower. Since then, Vantone, a Chinese real estate
company, has signed a lease for 190,000 square feet.
“The developers wouldn’t be interested in the building if they thought
it was going to be all government,” said Tara Stacom, vice chairwoman
of Cushman & Wakefield. “They, too, are convinced that this
building will lease to private companies, professional and financial
services.”
Even so, some developers acknowledge, a rent check from a government
agency is as good as one from a private company — perhaps even more so,
since it is usually reliable in coming.
Mr. Durst, one of the final bidders, said 1 World Trade Center was “
going to be the best building downtown and the only building you’ll be
able to rent in; we thought we’d go for it.”
Mr. Durst’s remark about the “only building” was a reference to the
competition — Larry Silverstein, who is known as an inexhaustible
negotiator and is building 4 World Trade Center. The two buildings,
which will be chasing the same tenants to fill more than one million
square feet each, are set to open in 2013. Mr. Silverstein’s
tower also has government tenants — the Port Authority and city
agencies. And Silverstein executives say their building, on Church
Street, is closer to Wall Street and the financial district and,
therefore, more likely to attract financial firms.
“I do think they need to attract private companies,” Ms. Menin said.
“Why should taxpayers have to pay so that various government agencies
can have 60-story views at astronomical rents?”
Executives at the authority, who are optimistic about the tower’s
prospects, said they had the expertise to build the tower themselves
but were inviting developers in so they could have a partner, with a
financial stake in its fate, who could skillfully deal with tenants and
their needs. They have hired two real estate companies, Cushman
& Wakefield and Jones Lang LaSalle, for advice, and have brought in
a marketing and branding firm based in London, Wordsearch, specializing
in real estate.
“We believe that a private-sector partner with real estate expertise
will best operate the building and maximize its value,” said Anthony
Coscia, chairman of the Port Authority. “But we want to do this in a
responsible manner that protects the long-term interests of the
authority.”

NYC light beams marking 9/11 paid for
through 2011
The Associated Press
Updated: 12/17/2009 10:53:20 AM EST
NEW YORK—The agency responsible for ground zero redevelopment will
spend $695,000 through 2011 to fund the twin beams of light that pay
tribute to the World Trade Center victims.
The Tribute in Light memorial has been projected into the night sky
from lower Manhattan around the anniversary of the 2001 terrorist
attacks every year.
The board of directors of the Lower Manhattan Development Corp. voted
Thursday to pay for the lights through the 10th anniversary of the
attacks in 2011.
The board also voted to fund an oral history project and a documentary
about the rebuilding of the trade center site.
How NY handed Osama a
victory

By STEVE CUOZZO
Last Updated: 8:25 AM, September 11, 2009
Posted: 1:14 AM, September 11, 2009
New York decided to hand Osama a victory after all.
Al Qaeda didn't bring the city to its knees on 9/11. But, as of today's
eighth anniversary, we've failed utterly to replace what the terrorists
destroyed. Ground Zero remains a pit -- and looks to stay that way for
the foreseeable future.
Some naive souls fall for the official claims that "progress" is being
made at a supposedly full-bore construction site. Newsday just reported
excitedly that structural steel for 1 WTC has risen 100 feet above
street level, compared with "only" 25 feet a year ago. Gee, that
leaves 1,676 feet to go. At 75 feet a year, it will only take until
mid-2031 to finish the job. What's mostly being done is
infrastructure work that should've been
finished years ago. Only one of Larry Silverstein's office buildings,
Tower 4, has even started -- below ground.
The models and images -- like the renderings of Towers 2, 3 and 4
posted around the site -- are a cruel joke, and the public knows it.
It's impossible to imagine any of them rising soon -- if ever.
The "World Trade Center Transportation Hub" -- a $3.4 billion temple to
New Jersey commuterdom -- is as much a tease. Its famous "wings" aren't
even bid out yet; don't be surprised if no contractor is willing to do
the job for anything like what the PA can pay.
After eight years of political obstruction and Port Authority stalling,
Silverstein finally got land he can build on -- only to be foiled by an
unforgiving credit market that's snuffed out construction lending.
That's given a dubious plausibility to the PA's claim that it's
Silverstein who's holding up the works. Of course, he could have
started work years ago -- if the PA had managed to turn the site over
to him, as it was supposed to, in build-ready condition. Now the
PA has balked at Silverstein's plea for financing help. It has
a point, if not quite a case: It was never expected to help bankroll
the developer's towers. It's hard to see where "binding" arbitration,
insisted upon by Silverstein, can lead -- except to indefinitely
drawn-out litigation.
Only the unloved, morbid Memorial has found traction -- and even it
will only be partly done by Sept. 11, 2011.
Things near the site are no better. The singular exception is
Silverstein's 7 WTC -- an eloquent reproach to the zero that's Ground
Zero. But eight years later, the blackened hulks of 130 Liberty St.
(the Deutsche Bank building) and Fiterman Hall yet stand.
How did we come to this? We let our "leaders" do essentially nothing
for nearly five years after 9/11 -- a time when the boom could have
supported Silverstein's borrowing effort and provided tenants for his
towers.
The corrupt, rudderless state government is mostly to blame. Then-Gov.
George Pataki wasted 2002 and 2003 setting up an impotent Lower
Manhattan Development Corp. He authorized interminable design
competitions, then overrode his advisers to choose the Daniel Libeskind
site plan -- which was so inappropriate that it took another year of
emendation to make it even remotely buildable.
Even after endless tweaking, the plan -- which ought to embrace a
soaring verticality to exceed the Twin Towers' impact on the skyline --
remains infuriatingly overcrowded and focused underground, both at the
Memorial and the PATH terminal.
Pataki prohibited building on the Twin Tower footprints, thus forcing
new buildings into too small a space. He fussed with the original
Freedom Tower design -- even as he ignored the NYPD's objections to the
tower's location on security grounds, concerns that would force a
complete redrawing of the structure, delaying everything by yet another
year.
The scandals of 130 Liberty St. and Fiterman Hall are also the state's
doing; the LMDC controls the former, while the state-dominated City
University of New York owns the latter.
Blame also George W. Bush, a wartime president who was oblivious to the
symbolic urgency of swiftly rebuilding the World Trade Center. If he
ever picked up the phone to say, Boys, let's get on with the job, it's
never been reported.
Mayor Bloomberg dithered until 2006, when he brokered a deal that
forced Silverstein to cede Tower 1 to the PA -- which is building it at
the slowest pace since the elements forged the Grand Canyon. Rudy
Giuliani, a 9/11 hero, called for the entire WTC site to be made
into a memorial -- lending rhetorical throw-weight to the insidious
campaign led by The New York Times against commercial rebuilding.
And we're all to blame. How? For allowing most of the $20 billion the
feds sent to rebuild Lower Manhattan to be wasted on tax credits and
ancillary projects -- even on new buildings far from Ground Zero --
instead of the one thing that was needed: a new World Trade Center.
scuozzo@nypost.com
Copyright 2009 NYP Holdings, Inc. All rights reserved. Privacy | Terms
of Use
WTC Developer Threatens
Arbitration at Ground Zero
NYTIMES
By THE ASSOCIATED PRESS
Filed at 3:12 p.m. ET
July 6, 2009
NEW YORK (AP) -- The developer of the World Trade Center site has
threatened to go to arbitration to settle a monthslong impasse to
rebuild ground zero.
Larry Silverstein says he will go to the arbitrator if he and the Port
Authority of New York and New Jersey can't work out their differences
in two weeks.
The impasse threatens to stall construction of a Sept. 11 memorial
transit hub and office towers at ground zero.
Silverstein leased the twin towers six weeks before they collapsed on
Sept. 11, 2001. He has rights to build three of five planned towers at
the site. He has asked the Port Authority to back financing for two of
the towers, but the agency has said it can only afford to back one
tower.
Weeks of talks failed to produce an agreement.
I-BBC,
11 September 2008
US marks
seventh 9/11 anniversary
Memorial services are set to be held to mark the
seventh anniversary of the 11 September 2001 attacks.
Nearly 3,000 people were killed when four planes were
hijacked and flown into New York's World Trade Center, the Pentagon and
a field in Pennsylvania.
The presidential candidates, Barack Obama and John McCain,
will attend a ceremony at Ground Zero in New York.
At the Pentagon, President George W Bush will
dedicate a new memorial for the 184 people who died there.
The memorial in Washington was built at a cost of $22m
(£12.6m) on a 1.9-acre (0.77-hectare) parcel of land within view
of the crash site.
Mr Bush will attend the New York ceremony after standing for
a moment of silence on the South Lawn of the White House at 0846 (1246
GMT) - the time that the first of the two passenger planes hit the
World Trade Center.
 |
More coverage throughout the day on
BBC World News and BBC World Service
|
It is the last time Mr Bush marks the anniversary as
president.
The attacks are regarded as the defining moment of his time
in office so far, and they had a huge impact on the foreign policy of
his administration.
"The president thinks about 9/11 every single day when he
wakes up and before he goes to bed," White House press secretary Dana
Perino said on Wednesday.
'Put aside politics'
Senators Obama and McCain, the Democratic and Republican
nominees in November's election, will appear together at Ground Zero in
the afternoon to lay wreathes in honour of the victims.
In a joint statement from the campaigns announcing their
decision to visit Ground Zero together, the two men vowed to come
together "as Americans" and suspend their political campaigns for 24
hours.
"All of us came together on 9/11 - not as Democrats or
Republicans - but as Americans," the statement said. "In smoke-filled
corridors and on the steps of the Capitol; at blood banks and at vigils
- we were united as one American family.
"We will put aside politics and come together to renew that
unity, to honour the memory of each and every American who died, and to
grieve with the families and friends who lost loved ones," it said.
Their appearance is to be followed by another in the evening
at a Columbia University forum to discuss their views on public
service.
The ceremony in downtown Manhattan will mark the times when
the planes hit the Twin Towers, and the times when each tower fell -
pausing for silence at 0846, 0903, 0959 and 1029.
Family members and students representing the 90 countries
that lost people in the attacks will also read out the names of all the
2,973 dead.
Seven years after the attacks which
shocked the world, Ground Zero is a construction site.
After years of delays and disagreements over how to
commemorate the dead, work has finally begun on a memorial and a new
skyscraper - the Freedom Tower - which is due to be completed by 2012.
On Wednesday, New York City Mayor Michael Bloomberg called
for the abolition of the WTC planning agency, saying the reconstruction
was "frustratingly slow, owing in large part to a multilayered
governance structure that has undermined accountability from the
get-go".
"Most important, the memorial must be completed by the 10th
anniversary. No more excuses, no more delays," he added.
New York State Governor David Paterson said he also shared "a
sense of disappointment and frustration at the unacceptable pace of the
Ground Zero rebuilding".
On the eve of the anniversary, a top US military commander
warned that new tactics were needed to win the conflict in Afghanistan,
which the US and its allies invaded three months after 9/11.
They intended to topple the Taleban regime and root out Osama
Bin Laden, who the US believes masterminded the attacks.
Admiral Mike Mullen believes insurgents are launching attacks
from neighbouring Pakistan, and US-led forces must target their "safe
havens" in that country.
"In my view, these two nations are inextricably linked in a
common insurgency that crosses the border between them," he said.
Pakistan has refused to allow foreign troops to fight on to
its territory.
Transit
Hub Design May Be Simplified
NYTIMES
By DAVID W. DUNLAP
Published: August 27, 2008
As one architectural ambition after another was given up at ground zero
for economy, security and politics, it seemed that the architect
Santiago Calatrava’s vision of a luminous, cavernous World Trade Center
Transportation Hub would be immune from major change.
No more.
With the Port Authority of New York and New Jersey seeking significant
savings in the budget and the timetable of the trade center
reconstruction, a key element of Mr. Calatrava’s design —a vast
underground mezzanine free of columns — may be in jeopardy.
Estimates vary on how much the projected cost of the transportation hub
currently exceeds its $2.5 billion budget, but it could be at least
several hundred million dollars.
Spanning great spaces without the interruption of columns is certainly
possible and, all else being equal, aesthetically desirable. But it
also adds to the complexity of construction.
Two alternatives under consideration call for standard column-and-beam
construction instead of the long spans and cantilevers proposed by Mr.
Calatrava.
For his part, Mr. Calatrava says his design can be constructed on
budget and on time, noting that there had already been revisions made
to it without abandoning the columnless approach.
“It has always been my goal to deliver a beautiful, practical
transportation hub for Lower Manhattan,” he said in a statement
released by his office. “In its revised state, the project retains all
of its fundamental beauty, and the adjustments make it an
ever-more-functional and coherent facility that will serve New York
well in the years to come.”
No version would eliminate the ribbed and winged roof over the hub’s
arrival hall, east of Greenwich Street, which Mr. Calatrava has likened
to a bird in flight. Keeping it would permit officials to assert that
they had been faithful to the original architectural concept.
But it is the underground mezzanine, west of Greenwich Street, that
will be the functional heart of the hub, occupying the level between
the arrival hall and the PATH platforms. How it is treated depends in
part on whether it is seen as a passageway through which commuters
hurry or as a ceremonial gateway on the scale of the main concourse at
Grand Central Terminal.
At the tightly squeezed trade center site, how the mezzanine is
constructed has an effect on all the buildings around it. Directly
above it would be one corner of the 9/11 memorial plaza. Adjoining it
would be the lower level of Tower 3, a 71-story office tower being
developed by Silverstein Properties. Running through it would be the
tracks and station of the No. 1 subway.
At the end of September, Christopher O. Ward, the executive director of
the Port Authority, is to report to the authority’s board on how the
agency intends to resolve the numerous logistical, structural and
financial conflicts that have stalled progress and raised costs at
ground zero.
In the case of the hub, the authority must balance its fiduciary role
with its role as advocate for Mr. Calatrava’s plan.
The three conceptual versions of the transportation hub under
discussion are:
¶The revised version of the original design in which Mr. Calatrava
and his partners in the Downtown Design Partnership, the firms STV and
DMJM, have been directly involved. This version would maintain the
mezzanine as an uninterrupted, column-free space.
¶An alternative calling for reuse of existing columns. This has
been advanced by a group convened to help Mr. Ward in his assessment.
It is headed by Mickey Kupperman, an executive at Silverstein, and has
involved the Turner Construction Company, the architectural firm Beyer
Blinder Belle and the engineering firms AKF and Leslie E. Robertson
Associates.
¶An alternative that would use what the authority describes as “a
more traditional column-supported structural approach to the PATH
mezzanine.” This has been developed by a team led by the authority’s
chief engineer, Francis J. Lombardi.
It is too early to say which approach, or which combination, will
prevail.
“The whole point of the report is to answer these questions and move
forward,” said Stephen Sigmund, a spokesman for the authority. He said
the authority was working with Mr. Calatrava “to preserve as much of
his original vision” as possible but added, “These aren’t easy fixes.”
Joseph C. Daniels, the president and chief executive of the National
September 11 Memorial and Museum, said on Wednesday that to have the
plaza ready for visitors by the 10th anniversary of the attack, the
steel and concrete framework of the mezzanine below must be completed
by July 2010.
“Everything has to be done to make that date,” he said.

These Wings Will Not Fly
NYTIMES
By David W. Dunlap
July 1, 2008, 3:16 pm
A rendering of the main concourse of the transit terminal at
ground zero, designed by the Spanish architect Santiago Calatrava.
(Port Authority of New York and New Jersey)It was to have been an
audacious gesture in an already daring design. As envisioned by the
architect Santiago Calatrava, the enormous counterpoised wings forming
the rooftop of the World Trade Center Transportation Hub were to have
opened almost 50 feet wide to the sky, in fine weather and on each
anniversary of the terrorist attacks.
“On a beautiful summer day,” Mr. Calatrava said, “the building can work
not as a greenhouse but as an open space.”
And on each Sept. 11, he said, the rooftop could open again, “giving us
the sense of unprotection.”
The idea of an entire building in movement was startling, but it would
not have been the first kinetic work by Mr. Calatrava, who is a
sculptor and an engineer. The winglike sunscreen at the Milwaukee
Museum of Art opens and closes twice daily, and has become a civic
attraction in its own right.
But this morning, Mr. Calatrava’s wings were clipped at the World Trade
Center site, as officials began to reckon with budgets and timetables
that they now concede are well beyond earlier estimates.
The roof is not going to be operable, said Christopher O. Ward, the
executive director of the Port Authority of New York and New Jersey.
The authority is building the hub as a PATH terminal and as a
connecting point for subway lines and below-ground pedestrian traffic.
“This is a tough choice, but it is the right choice,” Mr. Ward said in
a statement. “It’s reflective of the kinds of choices we simply must
make in the coming weeks and months if we are to establish priorities
and milestones, to which we can be held accountable.”
In the text of a speech prepared for delivery to the Alliance for
Downtown New York, Mr. Ward also said: “Making this decision helps
preserve the overall iconic nature of Calatrava’s winged design, but it
will allow the Hub” to “literally fit better with the other buildings
on the site; when the wings opened they came far too close to the
surrounding office towers.”
When the idea was introduced four years ago, it was said that the
operability of the roof would help clear the main transit hall of smoke
in case of a fire.
Given financing limits, the authority must find ways to build the hub
for no more than $2.5 billion. Though officials have insisted that the
hub’s signature features would be maintained, subtle and not-so-subtle
changes have already been made, some that are arguably more significant
than opening and closing roof wings. For instance, the underground
mezzanine was originally to have been illuminated with skylights set in
the pavement of the memorial plaza above. That arrangement, which far
more directly affects the experience of daily commuters, was quietly
scrapped in recent months.
As the design is further modified — some might say whittled away —
another possibility is that more of the existing PATH terminal will be
used than was originally planned.
While the mechanism to open and close the wings was relatively
straightforward, the wings themselves would have to be specially
engineered to maintain their structural integrity in different
positions and while in motion. Keeping the roof stationary and sealed
might save tens of millions of dollars at least. The defenders of Mr.
Calatrava’s design have maintained that the architectural flourishes, a
small part of the overall budget, are easy and obvious to trim but
exact a high cost for the overall aesthetic integrity of the project.
Trade
Center Rebuilding Faces Big Setback
Wall Street Journal
By ALEX FRANGOS
June 30, 2008; Page A1
NEW YORK -- The rebuilding of the World Trade
Center, destroyed in the Sept. 11, 2001, attacks, won't be completed
until the middle of the next decade, and will cost as much as $3
billion more than planned, according to people familiar with the matter.
The Port Authority of New York and New Jersey,
which owns the 16-acre site in Lower Manhattan, is expected to release
a report Monday detailing significant delays and cost overruns on
construction there.
The report won't specify new completion dates
or budget figures, but people familiar with the project say major
components of it will be delayed one to three years and will cost $1
billion to $3 billion more than the current estimate of $15 billion.
They caution that those estimates are preliminary and could shrink.
"The executive director will give a candid
assessment of where we are and where we need to go to get the site
rebuilt," said Port Authority spokesman Stephen Sigmund. He dismissed
the estimates as overly pessimistic. "Anyone giving you dates and
budgets today would have to have a crystal ball."
The delays mean the Sept. 11 Memorial planned
for the site probably won't be finished by Sept. 11, 2011, the 10th
anniversary of the terror attacks. Port Authority executives hope at
least part of the eight-acre memorial -- which includes two massive
voids representing the shattered Twin Towers, an underground visiting
area and a museum -- will open by then, people familiar with the
project said. However, the foundation in charge of planning the
memorial remains committed to finishing it by the anniversary date.
"Our goal out of this process is to ensure that
the memorial is completed and open in time for the 10th anniversary,"
Lynn Rasic, a spokeswoman for the foundation, said Sunday.
Monday's report also will likely damp
enthusiasm among potential tenants and outside investors for taking
space in the planned office skyscrapers. Investment giant Merrill Lynch
&
Co. has been in talks to take over one of the planned buildings, Tower
3. But Merrill, the Port Authority and private developer Larry
Silverstein, who is building that tower, remain far apart, a government
official said. That official called a deal unlikely. Others involved
said it was unclear that the delays would greatly affect Tower 3, and
that Merrill could still be coaxed onboard at the right price.
![[photo]](http://s.wsj.net/public/resources/images/P1-AM081_WTC_20080629200834.jpg) |
| Associated Press |
| Construction
continues on the foundations of the Sept. 11 Memorial at the World
Trade Center site. In addition to the memorial, the Freedom Tower,
three office towers, and a transportation hub are under construction. |
A Merrill spokeswoman declined to comment.
Silverstein spokesman Dara McQuillan couldn't be reached for comment.
Symbol of the City
The rebuilding on the site of the Sept. 11
attacks has been hailed as a symbol of the city and the nation's
resilience after the deadliest act of terrorism on American soil. Plans
for the Trade Center call for it to eventually include the memorial,
five office towers, a transit hub providing access to underground rail
lines, and a performing-arts center. But repeated delays, budget
overruns and -- lately -- logistical hurdles and poor management among
the site's half-dozen major elements have marred the project.
New York Gov. David Paterson, who controls the
Port Authority along with New Jersey Gov. Jon Corzine, ordered the new
progress report amid rumblings that construction was falling behind.
The challenges center on the Port Authority's
planned transit hub and the memorial, which sits above commuter-rail
tracks. Decisions at one project affect the other, but they are being
designed and built by different teams.
The hub's wing-shaped design and its
underground passageways and underpinnings have proved to be difficult
to execute within the original $2 billion budget. The transit hub, most
recently scheduled to open in 2011, probably won't open until perhaps
2014, officials say, though estimates of the delays are still
preliminary. The foundation overseeing the memorial, meanwhile, has yet
to finalize some aspects of the above-ground portion of that project.
Any delays related to the transit hub also
would set back the 500,000 square feet of retail space located within
the hub and adjacent spaces. Westfield Group, an Australian mall
operator, owns the development rights to the planned
collection of shops. A Westfield spokeswoman declined to comment.
Before 9/11, the retail space at the Trade
Center was among the highest-grossing in the nation.
The delays at the memorial could put Mr.
Paterson at odds with New York City Mayor Michael Bloomberg, who serves
as chairman of the effort to build the memorial and is also regarded as
a potential contender for the governorship in 2010. The mayor stepped
in to lead the memorial effort after it floundered earlier on, and has
staked his reputation on its completion on time and on budget.
As critical security screening facilities and
the adjacent transit hub fall behind, completion of the office space at
the site will be pushed back. Officials cautioned that it will require
additional study to know for sure how much longer it will take to build
the office space.
Mr. Silverstein's three towers could see their
deadlines delayed past the current 2013 targets. But that could give
the developer some respite from the credit crunch and the weak economy,
which have helped to reduce major companies' demand for office space.
The Freedom Tower, an office tower controlled
by the Port Authority and currently under construction, had been
targeted for completion by the end of 2011. Now, the tower, which is
expected to be occupied by state and federal agencies, is likely to be
delayed a year.
Monday's report, to be issued by Port Authority
Executive Director Christopher Ward, will identify 17 to 20 logistical,
contracting and budgetary matters that need to be resolved before a
firmer schedule and budget can be set in a second report, promised for
September. The report also will call for a new committee to oversee the
Trade Center project, including representatives from various government
agencies and private organizations that have a role at the site.
Supporting Role
Attempts at coordination have been made before.
Shortly after the attacks, New York state and city established the
Lower Manhattan Development Corp. to oversee construction. But, as the
Port Authority has asserted its ownership rights at the site, the LMDC
has been reduced to a supporting role.
In 2006, the Port Authority emerged as the lead
agency. But it has found itself unable to push forward while
coordinating with the other players, including New York City and state
agencies that have roles in transportation, planning and funding.
Whitman on Hot Seat Over
9/11 Aftermath
Hartford Courant
By DEVLIN BARRETT, Associated Press Writer
8:40 PM EDT, June 25, 2007
WASHINGTON -- Ex-EPA chief Christie Whitman was bombarded by boos and a
host of accusations Monday at a hearing into her assurances that it had
been safe to breathe the air around the fallen World Trade Center.
The confrontation between the former head of the Environmental
Protection Agency and her critics grew heated at times. Some members of
the audience shouted in anger, only to be gaveled down by Rep. Jerrold
Nadler, D-N.Y., who chaired the hearing. For three hours Whitman faced
charges from Nadler and others that the Environmental Protection
Agency's public statements after the Sept. 11, 2001, attacks gave
people a false sense of safety.
Whitman maintained the government warned those working on the toxic
debris pile to use respirators, while elsewhere in lower Manhattan the
air was safe to the general public.
"There are indeed people to blame. They are the terrorists who attacked
the United States, not the men and women at all levels of government
who worked heroically to protect and defend this country," Whitman said.
Since the attacks, independent government reviews have faulted the
EPA's handling of the immediate aftermath and the agency's long-term
cleanup program for nearby buildings.
A study of more than 20,000 people by Mount Sinai Medical Center in New
York concluded that, since the attacks, 70 percent of ground zero
workers have suffered some sort of respiratory illness. A separate
study released last month found that rescue workers and firefighters
contracted sarcoidosis, a serious lung-scarring disease, at a rate more
than five times as high as in the years before the attacks.
Nadler, a Democrat whose district includes the World Trade Center site,
called the hearing after years of criticizing federal officials for
what he says was a negligent and incomplete cleanup.
He said the Bush administration "has continued to make false,
misleading and inaccurate statements and refused to take remedial
actions, even in the face of overwhelming evidence."
Whitman called such allegations "misinformation, innuendo and downright
falsehoods."
Her responses were mostly calm and deliberate. But under questioning
from Rep. Keith Ellison, D-Minn., Whitman angrily raised her voice,
saying she based her statements on "what I was hearing from
professionals," not the whims of politicians.
Whitman pointed out that her son was in the World Trade Center complex
that day, "and I almost lost him," at which point Ellison said he would
not "stand here and allow you to try to obfuscate."
"I'm not obfuscating," Whitman shot back. "I have been called a liar
even in this room today."
She has long insisted that her statements that the "air is safe" were
aimed at those living and working near ground zero, not those who
actually toiled on the toxic pile that included asbestos.
"Was it wrong to try get the city back on its feet as quickly as
possible in the safest way possible? Absolutely not," she said, drawing
catcalls from the crowd.
Dozens of activists and Sept. 11 rescue workers came to the hearing,
and some in the audience hissed when Whitman said she felt former Mayor
Rudy Giuliani's administration "did absolutely everything in its power
to do what was right" in handling the health concerns.
Rep. Trent Franks, R-Ariz., the ranking Republican on the House
Judiciary subcommittee, said he worried that assigning blame to Whitman
could mean, in future crises, that "officials might default to
silence."
Lawmakers say ground zero workers unsafe
By DEVLIN BARRETT, Associated Press Writer
Sat Sep 9, 6:30 AM ET
NEW YORK - Lawmakers said federal officials failed to protect ground
zero workers as they clambered over the smoking pile of toxic debris
and have not properly cared for them in the years since. In a
daylong House hearing Friday, lawmakers criticized the government's
public assurances about the air around the World Trade Center site.
Christie Todd Whitman, the former head of the Environmental Protection
Agency, stressed in the days after the Sept. 11, 2001, attacks that the
air in lower Manhattan was safe, although she also said workers at the
World Trade Center site needed to use protective breathing gear.
Whitman is being sued over her public assurances, and she was accused
Friday of doing too little to protect workers.
Rep. Christopher Shays, R-Conn., who chaired the hearing, said
Whitman's September 2001 statements "defied logic and everybody knows
that."
Whitman defended herself Friday, insisting that it was up to local
authorities to make sure the rescue workers wore protective breathing
gear.
"We agreed then, and I reiterate now, that the air on the site was not
clean — the consequence of millions of tons of burned debris from the
most horrific attack in our nation's history. We were emphatic that
workers needed to wear respirators, a message I repeated frequently.
But I did not have the jurisdiction to force workers to wear them —
that was up to their superiors," Whitman said in a statement.
City officials already under fire for their own role in the ongoing
health problems disputed Whitman's response.
City Health Commissioner Thomas Frieden said the federal government was
responsible for work safety at the site, and said of Whitman's
post-Sept. 11 assurance, "I don't think that was an appropriate way to
word the message."
Others appearing at the hearing before the House Subcommittee on
National Security, Emerging Threats, and International Relations,
included Democratic Sen.
Hillary Rodham Clinton, who accused the EPA of lying to New Yorkers and
endangering public health.
At a separate event Friday, Mayor Michael Bloomberg defended the city's
handling of the disaster, saying it did distribute masks.
"Nobody knew whether there would be health issues down the road, and
they made the decisions that they thought were right at the time," said
Bloomberg, who became mayor months after the attacks.
The hearing began with testimony from Joseph Zadroga, the father of
James Zadroga, who died in January of respiratory disease attributed to
ground zero exposure.
Joseph Zadroga briefly lost his composure as he described the day he
found his NYPD officer son dead on his bedroom floor. The father
blasted the city for doing nothing while his son was sick.
"He never received any assistance from the city," Zadroga said. "He was
treated like a dog."
A health expert told the lawmakers that new patients are still arriving
at her New York hospital to be treated for 9/11-related illnesses — and
thousands will likely need lifelong care.
"There is no question that, as a result of their horrific exposures,
thousands of World Trade Center responders have developed chronic and
disabling illnesses that will likely be permanent," said Dr. Robin
Herbert, co-director of the Mount Sinai Medical Center program
monitoring afflicted workers.
Mount Sinai released a study this week showing nearly 7 out of every 10
ground zero responders suffered lung problems.
The Bush administration said it will continue to help sick Sept. 11
workers but would not say what their long-term health needs might cost.
Health and Human Services Secretary Michael Leavitt told New York
lawmakers Thursday that $75 million would be delivered in the next two
months to pay for treatment programs.
Reps. Carolyn Maloney, D-N.Y., and Vito Fossella, R-N.Y., said $75
million is a good start but won't come close to providing all the
treatment needed for those suffering from lung problems,
gastrointestinal disease and mental health woes.
White
House vows to aid ill 9/11 workers
By DEVLIN BARRETT, Associated Press Writer
September 7, 2006
WASHINGTON - The Bush administration said Thursday it will continue to
help sick Sept. 11 workers, but would not say what their long-term
health needs might cost.
Health and Human Services Secretary Michael Leavitt met with members of
New York's congressional delegation, other members of Congress,
advocates, and sick ground zero workers to discuss the first federal
money for treating illnesses related to the Sept. 11, 2001, terrorist
attacks.
Sept. 11 health experts say thousands of affected rescue and cleanup
workers and volunteers will need decades of monitoring and treatment.
Leavitt said that by the end of the month, Sept. 11 health programs
would receive $75 million for treatment.
"If the $75 million proves to be inadequate, the federal government
will be part of a coordinated effort to solve whatever the balance of
the problem is," Leavitt told reporters after the meeting.
"We have a responsibility. We will meet it," he said.
Reps. Carolyn Maloney, D-N.Y., and Vito Fossella, R-N.Y., said $75
million is a good start, but won't come close to providing all the
treatment needed for those suffering from lung problems,
gastrointestinal disease, and mental health difficulties.
Dr. Robin Herbert, co-director of the Mount Sinai Medical Center
program in New York studying ground zero health, said her group's share
of that $75 million could be spent within a year.
On Tuesday, Mount Sinai released the results of the largest study of
ground zero workers, finding that nearly 70 percent suffered lung
problems, and many of those would likely be sick for the rest of their
lives.
Mount Sinai examined 12,000 ground zero workers between July 2002 and
April 2004, and got permission to use 9,442 workers in its research.
They include construction workers, police and firefighters and other
volunteers who worked at the site, in the city morgue or at a landfill
where more than 1 million tons of trade center debris were carted.
Lung problems rife among WTC responders
By AMY WESTFELDT, Associated Press Writer
September 5, 2006
NEW YORK - Nearly 70 percent of recovery workers who responded to the
attacks on the World Trade Center suffered lung problems during or
after their work at ground zero, a new health study released Tuesday
shows.
Less than a week before the anniversary of the Sept. 11, 2001,
terrorist attacks, Mount Sinai Medical Center issued the results of the
largest study on related health effects.
It found, among other things, that the ailments tended to be worst
among those who arrived first at the site, and that high rates of lung
"abnormalities" continued years later.
The study focused mostly on what has been dubbed "World Trade Center
cough," which was little understood immediately after the attacks but
became a chief concern of health experts and advocates.
Findings highlighted by the study include:
• Almost 70 percent of World Trade Center responders had new or
worsened lung symptoms after the attacks.
• Among responders who had no health symptoms before the attacks, 61
percent developed lung symptoms while working on the toxic pile.
• One-third of those tested had abnormal lung function tests.
In lung function tests, responders had abnormalities at a rate double
that expected in the general population. Those abnormalities persisted
for months and in some cases years after the exposure, the study found.
The findings are based on medical exams conducted between July 2002 and
April 2004 on 9,500 ground zero workers, including construction
workers, law enforcers, firefighters, transit workers, volunteers and
others.
The hospital has been the focal point of New York research on Sept.
11-related illnesses, and thousands have sought treatment there.
The report comes as public concern over the fate of ground zero workers
has risen. In a class action lawsuit against the city and its
contractors, 8,000 workers and civilians blame Sept. 11 for sinusitis,
cancers and other ailments they developed after the attacks.
Dr. John Howard, who was appointed by the Bush administration in
February to coordinate the various ground zero health programs, told
The New York Times for Tuesday editions that he understands the
skepticism of many responders.
"I can understand the frustration and the anger, and most importantly,
the concern about their future," said Howard, the head of the National
Institute for Occupational Safety and Health. "I can't blame them for
thinking, 'Where were you when we needed you?'"
Mayor Michael Bloomberg was expected to announce related program plans
on Tuesday.
The programs would "build on our track record of supporting those who
supported us in the months after 9/11," he wrote in an op-ed piece in
the Daily News. "The city will continue to do everything possible to
learn about the problems people face and develop effective strategies
to deal with them."
Gov. George Pataki signed legislation last month that expanded benefits
for workers who became sick after toiling at ground zero, but Bloomberg
objected to the laws, saying they were unfunded and would cost the city
hundreds of millions of dollars.
A House committee plans to hold a hearing on Sept. 11 health issues
this week.
The city-run World Trade Center Health Registry is tracking the
long-term effects on 71,000 people, including those who lived or worked
in lower Manhattan at the time of the attacks and the months of
cleanup.
Just last week, New York City health officials issued long-awaited
guidelines to help doctors detect and treat Sept. 11-related illnesses
— medical advice considered crucial for hundreds of ground zero workers
now scattered across the United States.
American justice on display - link here to
story of sentencing phase result.
Moussaoui Jury Stunned By Chaos That Was
Flight 93; Voice recorder captures last minutes on doomed
jetliner
DAY
By Timothy Dwyer & Jerry Markon & The Post
Published on 4/13/2006
It began with a muted series of thumps from a sharp knife or maybe
human fists. The sounds were muffled but unmistakable, one body blow
after another, ending with a squishy thud.
“No, no, no, no, no, no,” came the high-pitched voice of a crew member
or flight attendant being subdued. “Please, please don't hurt me,” the
voice said later. “ ... I don't want to die.” The desperate plea,
captured by the cockpit voice recorder of United Airlines Flight 93 on
Sept. 11, 2001, was played to a transfixed jury Wednesday at the death
penalty trial of Zacarias Moussaoui in federal court in Alexandria, Va.
A foreign-accented voice, increasingly agitated, screamed “Down. Down.
Down!” as the whacking sound continued. Then, there was silence.
“That's it. Go back,” a hijacker said calmly. “Everything is fine. I
finished.”
And with that, Flight 93 banked left toward Washington. But the
terrorists would not strike their target that day because they were
beaten — as the voice recorder made clear — by the passengers who
fought back. The 32-minute tape illustrates an epic struggle as
passengers surged forward to retake the plane, using whatever low-tech
weapons they could find.
“Let's get them!” one passenger yelled as dishes crashed to the floor.
“In the cockpit. If we don't we'll die,” screamed another amid more
thumping and crashing and breaking glass.
Wednesday, the myth of Flight 93 became real. The 33 passengers and
seven crew members have been lionized in book and film for their
struggle to retake the doomed jet, one of four planes hijacked during
the deadliest terrorist strike in U.S. history. Until now, the
recording that documented their courage had been played only for
federal investigators and a limited number of family members of those
aboard.
But in court, Americans were taken inside a hijacking drama that saw in
a space of time shorter than the average Washington commute, terrorists
seize the cockpit by brutal force, repulse an initial attack by
passengers and then crash a huge jetliner to the ground as their
captives, throwing dishes or anything else at their disposal, thwarted
their plans.
Much of the tape is unintelligible. There was loud static and the
voices, some speaking English and others Arabic, were often inaudible.
It cannot be determined whether the passengers actually entered the
cockpit, though it is certain they came very close and forced the
hijackers to crash the plane into a Pennsylvania field, well before it
reached Washington.
•••••
The recording made clear that a group of men and women, who already
knew the World Trade Center had been attacked, recognized that this was
no conventional hijacking — these terrorists were crashing planes into
buildings — and resolved to take control of their fate.
“There is absolutely no doubt that through their heroic actions still
more carnage and catastrophe was prevented,” said Richard Ben-Veniste,
a member of the independent commission that investigated the 9/11
attacks. The commission concluded that the passengers of Flight 93
stopped an attack that was aimed at Washington, most likely the Capitol
or White House.
The hijackers, as shown on a computer simulation played on monitors
throughout the courtroom, violently jerked the plane to the left and
right during the struggle. They tried to cut off the oxygen as
passengers banged on the cockpit door. In the end, as the passengers
were either in the cockpit or moments from infiltrating it, the
hijackers turned the plane upside down — and crashed it.
“Allah is the greatest!” one screamed nine times as the plane went
down. The recording then went dead. The courtroom was silent.
The trial itself seemed an afterthought Wednesday amid the drama of the
voice recorder. Prosecutors rested their case for the execution of
Moussaoui, the only person convicted in the United States in connection
with the attacks on the trade center and the Pentagon. The defense will
now begin its case, and Moussaoui is expected to take the stand again
as early as today.
In the trial's first phase, Moussaoui testified that he had planned to
hijack a fifth plane and crash it into the White House on Sept. 11 with
a crew that included shoe bomber Richard Reid. The jury found Moussaoui
eligible for the death penalty and will now decide if he should be
executed or spend his life in prison. Reid is scheduled to testify
before the jury gets the case.
Hamilton Peterson of Bethesda, Md., president of Families of Flight 93,
said the public airing of the voice recorder should put to rest any
lingering questions about what happened aboard the Boeing 757.
“The paramount issue was, did the passengers and crew thwart the plane
from its intended target, and that question has clearly been answered,”
said Peterson, whose father, Donald Peterson, and stepmother, Jean
Peterson, died on the plane. “Whether or not they were actually into
the cockpit or tearing the door off the hinges at the time it was
scuttled is something history will have to answer.”
Prosecutors played the voice recorder tape as part of their effort to
show the jury the massive damage caused by Sept. 11 and the suffering
and loss of the victims. More than 35 survivors and family members
testified in U.S. District Court in Alexandria. Moussaoui looked bored
during the testimony, as he did when the cockpit voice recorder was
played.
But jurors leaned forward in their seats.
A large screen showed the path of Flight 93 and instrument readings of
speed and altitude as Ziad Jarrah, believed to be the hijacking team's
pilot, started the recording by announcing: “Ladies and gentlemen. Here
the captain. Please sit down keep remaining sitting. We have a bomb on
board. So sit.”
It was nearly 9:32 a.m., four minutes after investigators say the four
hijackers started their attack. The plane had taken off from Newark
Liberty International Airport in New Jersey, bound for San Francisco,
at 8:42 a.m.
The sounds of a struggle in the cockpit were immediately heard, but it
was unclear whether the pleading voice is male or female. The 9/11
commission concluded that a flight attendant, most likely a woman,
struggled with hijackers in the cockpit and was killed or otherwise
silenced. Hijackers on the four planes were armed with small knives or
boxcutters.
When the plane turned around and started heading southwest through
Pennsylvania, there was silence for several minutes. At 9:43 a.m., it
started descending rapidly, leveled off and then descended again. The
first sign of a struggle came at 9:57, when a hijacker said “Is there
something? A fight?”
Passengers, who had received a blitz of cell phone calls alerting them
to the earlier Trade Center attack, then rushed the cockpit. “They want
to get in there. Hold, hold from the inside,” a hijacker said.
“Shall we finish it off?” one hijacker asked.
“No, not yet,” responded another. “When they all come, we finish it
off.”
Within seconds, there was bedlam — the sounds of a violent struggle.
People yelled and objects crashed, which 9/11 commissioners say was
likely the passengers hurling objects at the cockpit door or ramming it
with the beverage cart.
“Down, down. Pull it down, pull it down,” a hijacker said just before
his colleague praised Allah and crashed the plane.
In the background, a single voice could be heard screaming “No!”
More Risk Of
Attacks Now, Say Panelists; Report assesses actions on
recommendations of Sept. 11 commission
By HOPE YEN & ASSOCIATED PRESS
Published on 12/5/2005
Washington — The U.S. is at great risk for more terrorist attacks
because Congress and the White House have failed to enact several
strong security measures, members of the former Sept. 11 commission
said Sunday.
“It's not a priority for the government right now,” said the former
chairman, Thomas Kean, ahead of the group's release of a report today
assessing how well its recommendations have been followed.
“More than four years after 9/11 ... people are not paying attention,”
the former Republican governor of New Jersey said. “God help us if we
have another attack.”
Added Lee Hamilton, the former Democratic vice chairman of the
commission: “We believe that another attack will occur. It's not a
question of if. We are not as well-prepared as we should be.” The
five Republicans and five Democrats on the commission, whose
recommendations are now promoted through a privately funded group known
as the 9/11 Public Discourse Project,
conclude that the government deserves “more Fs than As” in responding
to their 41 suggested changes.
Since the commission's final report in July 2004, the government has
enacted the centerpiece proposal to create a national intelligence
director. But the government has stalled on other ideas, including
improving communication among emergency responders and shifting federal
terrorism-fighting money so it goes to states based on risk level.
“There is a lack of a sense of urgency,” Hamilton said. “There are so
many competing priorities. We've got three wars going on: one in
Afghanistan, one in Iraq and the war against terror. And it's awfully
hard to keep people focused on something like this.”
National security adviser Stephen Hadley said Sunday that President
Bush is committed to putting in place most of the commission's
recommendations.
“Obviously, as we've said all along, we are safer, but not yet safe.
There is more to do,” Hadley said on “Fox News Sunday.”
Ex-commissioners contended the government has been remiss by failing to
act more quickly. Kean said the Transportation Security
Administration was wrong to announce changes last week that will allow
airline passengers to carry small scissors and some sharp tools. He
also said the agency, by now, should have consolidated databases of
passenger information into a single “terror watch list” to aid
screening.
“I don't think we have to go backward here,” said Kean, who appeared
with Hamilton on NBC's “Meet the Press.”
“They're talking about using more money for random checks. Terrorists
coming through the airport may still not be spotted,” Kean said.
Kean and Hamilton urged Congress to pass spending bills that would
allow police and fire to communicate across radio spectrums and to
reallocate money so that Washington and New York, which have more
people and symbolic landmarks, could receive more for terrorism
defense. Both bills have stalled in Congress, in part over the
level of spending and turf fights over which states should get the most
dollars.
“This is a no-brainer,” said Hamilton, a former Indiana congressman.
“From the standpoint of responding to a disaster, the key responders
must be able to talk with one another. They could not do it on 9/11,
and as a result of that, lives were lost. They could not do it at
(Hurricane) Katrina. They still cannot do it.”
As for the dollar dispute, Hamilton said, “We know what terrorists want
to do: they want to kill as many Americans as possible. That means you
protect the Washington monument and United States Capitol, and not
other places.”
Congress established the commission in 2002 to investigate government
missteps that led to the attacks of Sept. 11, 2001. Its 567-page final
report, which became a national best seller, does not blame Bush or
former President Clinton for missteps contributing to the attacks but
did say they failed to make anti-terrorism a higher priority. The
commission also concluded that the Sept. 11 attack would not be the
nation's last, noting that al-Qaida had tried for at least 10 years to
acquire weapons of mass destruction.
Calling the country “less safe than we were 18 months ago,” former
Democratic commissioner Jamie Gorelick said Sunday the government's
failure to move forward on the recommendations makes the U.S. more
vulnerable. She cited the failure to ensure that foreign nations
are upgrading security measures to stop proliferation of nuclear,
biological and chemical materials, as well as the FBI's resistance to
overhauling its anti-terror programs.
“You remember the sense of urgency that we all felt in the summer of
2004. The interest has faded,” the Washington lawyer said on ABC's
“Good Morning America.”
Congressman:
Defense Knew 9/11 Hijackers
By KIMBERLY HEFLING
Associated Press Writer
Aug 9, 6:42 PM EDT
WASHINGTON (AP) -- The Sept. 11 commission will investigate
a claim
that U.S. defense intelligence officials identified ringleader Mohammed
Atta and three other hijackers as a likely part of an al-Qaida cell
more than a year before the hijackings but didn't forward the
information to law enforcement.
Rep. Curt Weldon, R-Pa. and vice chairman of the House Armed
Services and Homeland Security committees, said Tuesday the men were
identified in 1999 by a classified military intelligence unit known as
"Able Danger." If true, that's an earlier link to al-Qaida than any
previously disclosed intelligence about Atta.
Sept. 11 commission co-chairman Lee Hamilton said Tuesday
that
Weldon's information, which the congressman said came from multiple
intelligence sources, warrants a review. He said he hoped the panel
could issue a statement on its findings by the end of the week.
"The 9/11 commission did not learn of any U.S. government
knowledge
prior to 9/11 of surveillance of Mohammed Atta or of his cell," said
Hamilton, a former Democratic congressman from Indiana. "Had we learned
of it obviously it would've been a major focus of our investigation."
The Sept. 11 commission's final report, issued last year,
recounted
numerous government mistakes that allowed the hijackers to succeed.
Among them was a failure to share intelligence within and among
agencies.
According to Weldon, Able Danger identified Atta, Marwan
al-Shehhi,
Khalid al-Mihdar and Nawaf al-Hazmi as members of a cell the unit
code-named "Brooklyn" because of some loose connections to New York
City.
Weldon said that in September 2000 Able Danger recommended
that its
information on the hijackers be given to the FBI "so they could bring
that cell in and take out the terrorists." However, Weldon said
Pentagon lawyers rejected the recommendation because they said Atta and
the others were in the country legally so information on them could not
be shared with law enforcement.
Weldon did not provide details on how the intelligence
officials
identified the future hijackers and determined they might be part of a
cell.
Defense Department documents shown to an Associated Press
reporter
Tuesday said the Able Danger team was set up in 1999 to identify
potential al-Qaida operatives for U.S. Special Operations Command. At
some point, information provided to the team by the Army's Information
Dominance Center pointed to a possible al-Qaida cell in Brooklyn, the
documents said.
However, because of concerns about pursuing information on
"U.S.
persons" - a legal term that includes U.S. citizens as well as
foreigners admitted to the country for permanent residence - Special
Operations Command did not provide the Army information to the FBI. It
is unclear whether the Army provided the information to anyone else.
The command instead turned its focus to overseas threats.
The documents provided no information on whether the team
identified anyone connected to the Sept. 11 attack.
If the team did identify Atta and the others, it's unclear
why the
information wasn't forwarded. The prohibition against sharing
intelligence on "U.S. persons" should not have applied since they were
in the country on visas - they did not have permanent resident status.
Weldon, considered something of a maverick on Capitol Hill,
initially made his allegations about Atta and the others in a floor
speech in June that garnered little attention. His talk came at the end
of a legislative day during a period described under House rules as
"special orders" - a time slot for lawmakers to get up and speak on
issues of their choosing.
The issue resurfaced Monday in a story by the bimonthly
Government Security News, which covers national security matters.
Defense Secretary Donald H. Rumsfeld said he was unaware of
the intelligence until the latest reports surfaced.
But Pentagon spokesman Bryan Whitman said the 9/11 Commission
looked
into the matter during its investigation into government missteps
leading to the attacks and chose not to include it in the final report.
Hamilton said 9/11 Commission staff members learned of Able
Danger
during a meeting with military personnel in October 2003 in
Afghanistan, but the staff members do not recall learning of a
connection between Able Danger and any of the four terrorists Weldon
mentioned.
N.Y. to Unveil
Redesigned Freedom Tower
Jun 29, 5:36 AM EDT
NEW YORK (AP) -- After concerns
were raised about security at the soaring skyscraper proposed as the
centerpiece
of the former World Trade Center site, architects went back to the
drawing
board.
On
Wednesday, officials were to
unveil
a more bomb-resistant design for the 1,776-foot Freedom Tower, which is
to offer 2.6 million square feet of office space and is expected to
become
the world's tallest building.
In
an effort to make it more
resistant
to truck bombs, the building has been moved farther from West Street, a
major North-South throughway along the West side of Manhattan. The
distance
from the street was increased from 25 to an average of 90 feet.
The
updated plans also call for
reinforcing
the middle of the tower and having it capped with a mast incorporating
an antenna, meant to suggest the torch of the Statue of Liberty.
The
redesign is meant to signal
a
newly aggressive effort to rebuild the 16 acres devastated by the Sept.
11, 2001, attack on the World Trade Center.
"The
redesign of the Freedom
Tower
shows how our city is able to respond to the opportunities and
challenges
of our time," said Mayor Michael Bloomberg in a statement.
Gov.
George Pataki laid the
tower's
cornerstone on July 4, 2004, but the last year has seen more fighting
than
progress by the agencies and individuals responsible for rebuilding.
The
security concerns likely delayed the tower's original 2009
ribbon-cutting
by at least a year.
WTC Revival
Stalled: Wary Corporations
Reluctant To Become Tenants At Site
By MICHAEL POWELL
Published on 5/13/2005
New
York — The rebuilding of
Ground
Zero has fallen on bleak times.
The
Police Department has sent
designs
for the Freedom Tower, that replacement for the twin towers and symbol
of a city reborn, back to the drawing board, saying the structure would
be too vulnerable to truck bombs. Goldman Sachs has become the latest
Fortune
500 corporation to balk at returning downtown, abandoning plans in
recent
weeks for a headquarters near Ground Zero.
Developer
Lawrence Silverstein,
meanwhile,
is charging so much rent for his rebuilt 7 World Trade Center that he
has
not attracted a single corporate tenant.
The
New York Post now refers to
Ground
Zero as “Pataki's Pit” as it tweaks Republican Gov. George Pataki, for
the delays and dismisses the Freedom Tower's architect as the “elfin
Daniel
Libeskind.” The New York Times editorial board has taken to calling
Republican
Mayor Michael Bloomberg, “Mayor Ahab,” complaining that Hizzoner has
neglected
the revival of Ground Zero.
Sen.
Charles E. Schumer,
D-N.Y.,
sounded his own alarm last week, warning that the city could lose $2
billion
in federal funding because of a “culture of inertia.” “Let's stop
twiddling
our thumbs,” he said.
The
criticism has grown so loud
that
Pataki came to the city Thursday and announced that he has appointed
his
chief of staff to take charge of the rebuilding. “Failure to rebuild,”
he said, “is not an option.”
A
growing number of influential
New
Yorkers question whether downtown Manhattan can retain its status as
the
world's best-known financial district.
“There's
a sense of crisis
because
the private sector is uncertain about its commitment to relocating to
Ground
Zero,” said Kathryn Wylde, president of the Partnership for New York
City,
which represents the city's 200 top private-sector chief executives.
“Even
if we build the Freedom Tower, do businesses want to relocate next door
to a target? No one has a good answer yet.”
WTC leaseholder
wins court battle
Mr Silverstein wants to restore
10 million sq ft of office space
The
World Trade Center
leaseholder
has won a court victory over his insurers as he attempts to rebuild the
site.
A
New York jury has decided
that
the 11 September 2001 attack on the two towers constituted two separate
events. The US District Court ruling means Larry Silverstein
could
now get an extra $1.1bn (£0.56bn) from nine insurers to finance
reconstruction.
He
has been fighting the
insurance
companies, arguing he was owed $7bn (£3.6bn) - double his $3.5bn
policy. The firms had argued at the District Court for the
Southern
District of New York that the twin strikes on the trade centre were
part
of a single, continuous, planned attack.
'Complete
rebuild'
Mr
Silverstein said in a
statement
that he was "thrilled" with his victory.
"The
decision means an
additional
billion dollars of insurance proceeds will be available, which,
together
with Liberty Bonds, will ensure a timely and complete rebuild of the
World
Trade Center," he said.
"I
strongly felt, and the jury
agreed,
that the destruction of the twin towers by two separate airplanes at
two
separate times was two separate occurrences and that these insurers
have
an obligation to pay their fair share to help make Lower Manhattan
whole
again."
He
lost a similar case earlier
this
year against a dozen other firms. A different jury ruled policies from
those firms had defined such an attack as a single event. That
insurance
document tightly defined "occurrence" to make it clear that the 11
September
attack in New York was one insurable event.
'Disappointed'
The
defendants then included
Swiss
Re, which is liable for a single payout of up to $880m. A third trial
with
a different jury might be held to determine how much Swiss Re will
pay.
After the latest decision one of the insurers, Allianz AG, said it was
"disappointed" and pledged it would appeal against the verdict if
necessary.
A spokesman said Allianz would "pursue all our legal remedies".
Mr
Silverstein wants to restore
10
million square feet (900,000 square metres) of office space on what has
become known as Ground Zero.
New
terror?
FBI Looks At
Laser Reports; Pilots report
beams being directed into airplane
cockpits
By LESLIE
MILLER
Published
on 12/31/2004
Washington
— The FBI, concerned that terrorists could use lasers as weapons, is
investigating
why laser beams were directed into the cockpits of seven airplanes in
flight
since Christmas.
Laser
beams
can temporarily blind or disorient pilots and possibly cause a plane to
crash.
The FBI
is
looking into two incidents in Colorado Springs, Colo., and one each in
Cleveland, Washington, Houston, Teterboro, N.J., and Medford, Ore.,
according
to federal and local law enforcement and transportation officials, some
of whom spoke only on condition of anonymity.
A federal
law
enforcement official, who declined to be identified by name, said
Thursday
there is no evidence of a plot or terrorist activity. But pilots are
troubled
by the incidents, and the FBI earlier this month warned of the
possibility
that terrorists might use the devices as weapons.
“It's not
some
kid,” said Paul Rancatore, a pilot who serves as deputy chairman of the
security committee for the Allied Pilots Association. “It's too
organized.”
Loren
Thompson,
who teaches military technology at Georgetown University, called it a
“rather
worrisome development,” though he said experts would be more puzzled
than
alarmed.
“What
we're
talking about is a fairly powerful visible light laser that has the
ability
to lock onto a fast-moving aircraft,” Thompson said. “That's not the
sort
of thing you pick up at a military surplus store.”
Thompson
said
a piece of equipment that could do the things the FBI suspects would be
“fairly expensive and fairly sophisticated.”
“It
sounds
like an organized effort to cause airline accidents,” Thompson said.
Law
enforcement
officials, though, say they have no evidence of such an effort and that
the lasers in question are readily available. Further, they say they've
had reports of similar incidents since the technology became popular.
But a
memo
sent to law enforcement agencies recently by the FBI and the Homeland
Security
Department says there is evidence that terrorists have explored using
lasers
as weapons, though there's no intelligence that indicates they might
use
them in the United States.
Pilots
and
safety officials have long been concerned about the dangers of laser
light
shows, which have caused temporary eye injuries to several pilots over
the last decade.
Most
recently,
a pilot for Delta Air Lines reported an eye injury from a laser beamed
into the cockpit while approaching the Salt Lake City airport in
September.
The plane landed safely.
The Civil
Aerospace
Medical Institute has a database of several hundred reports in which
civilian
or military aircraft were illuminated by lasers. Though there have been
no accidents reported, pilots in some cases were startled, temporarily
blinded and disoriented.
The Food
and
Drug Administration, which regulates laser light shows, consults with
the
FAA when someone proposes operating a laser outdoors near an airport.
The
FAA recommends the maximum safe level of laser light exposure for
pilots
maneuvering near airports.
IN
THE NEWS SEPTEMBER 8, 2006:
Architects
unveiled the designs for three office towers at the World Trade Center
site Thursday, including a skyscraper topped by four
shining diamonds
that would light up lower Manhattan at night. The buildings, designed
by architects Norman Foster, Richard Rogers and Fumihiko Maki, will
join the 1,776-foot Freedom Tower around a transit
hub and facing a
memorial to the victims of the Sept. 11, 2001, terrorist
attacks. The
three will be smaller than the Freedom Tower
and descend in height in a
semicircle around the memorial. Inside, they will have floors
specifically for financial trading, plus offices and shops to replace
the former trade center. (From the New London DAY)
N.Y. to Unveil Redesigned
Freedom Tower
Jun 29, 5:36 AM EDT
NEW YORK (AP) -- After concerns
were raised about security at the soaring skyscraper proposed as the
centerpiece
of the former World Trade Center site, architects went back to the
drawing
board.
On
Wednesday, officials were to
unveil
a more bomb-resistant design for the 1,776-foot Freedom Tower, which is
to offer 2.6 million square feet of office space and is expected to
become
the world's tallest building.
In
an effort to make it more
resistant
to truck bombs, the building has been moved farther from West Street, a
major North-South throughway along the West side of Manhattan. The
distance
from the street was increased from 25 to an average of 90 feet.
The
updated plans also call for
reinforcing
the middle of the tower and having it capped with a mast incorporating
an antenna, meant to suggest the torch of the Statue of Liberty.
The
redesign is meant to signal
a
newly aggressive effort to rebuild the 16 acres devastated by the Sept.
11, 2001, attack on the World Trade Center.
"The
redesign of the Freedom
Tower
shows how our city is able to respond to the opportunities and
challenges
of our time," said Mayor Michael Bloomberg in a statement.
Gov.
George Pataki laid the
tower's
cornerstone on July 4, 2004, but the last year has seen more fighting
than
progress by the agencies and individuals responsible for rebuilding.
The
security concerns likely delayed the tower's original 2009
ribbon-cutting
by at least a year.
WTC Revival
Stalled: Wary Corporations
Reluctant To Become Tenants At Site
By MICHAEL POWELL
Published on 5/13/2005
New
York — The rebuilding of
Ground
Zero has fallen on bleak times.
The
Police Department has sent
designs
for the Freedom Tower, that replacement for the twin towers and symbol
of a city reborn, back to the drawing board, saying the structure would
be too vulnerable to truck bombs. Goldman Sachs has become the latest
Fortune
500 corporation to balk at returning downtown, abandoning plans in
recent
weeks for a headquarters near Ground Zero.
Developer
Lawrence Silverstein,
meanwhile,
is charging so much rent for his rebuilt 7 World Trade Center that he
has
not attracted a single corporate tenant.
The
New York Post now refers to
Ground
Zero as “Pataki's Pit” as it tweaks Republican Gov. George Pataki, for
the delays and dismisses the Freedom Tower's architect as the “elfin
Daniel
Libeskind.” The New York Times editorial board has taken to calling
Republican
Mayor Michael Bloomberg, “Mayor Ahab,” complaining that Hizzoner has
neglected
the revival of Ground Zero.
Sen.
Charles E. Schumer,
D-N.Y.,
sounded his own alarm last week, warning that the city could lose $2
billion
in federal funding because of a “culture of inertia.” “Let's stop
twiddling
our thumbs,” he said.
The
criticism has grown so loud
that
Pataki came to the city Thursday and announced that he has appointed
his
chief of staff to take charge of the rebuilding. “Failure to rebuild,”
he said, “is not an option.”
A
growing number of influential
New
Yorkers question whether downtown Manhattan can retain its status as
the
world's best-known financial district.
“There's
a sense of crisis
because
the private sector is uncertain about its commitment to relocating to
Ground
Zero,” said Kathryn Wylde, president of the Partnership for New York
City,
which represents the city's 200 top private-sector chief executives.
“Even
if we build the Freedom Tower, do businesses want to relocate next door
to a target? No one has a good answer yet.”
WTC leaseholder
wins court battle
Mr Silverstein wants to restore
10 million sq ft of office space
The
World Trade Center
leaseholder
has won a court victory over his insurers as he attempts to rebuild the
site.
A
New York jury has decided
that
the 11 September 2001 attack on the two towers constituted two separate
events. The US District Court ruling means Larry Silverstein
could
now get an extra $1.1bn (£0.56bn) from nine insurers to finance
reconstruction.
He
has been fighting the
insurance
companies, arguing he was owed $7bn (£3.6bn) - double his $3.5bn
policy. The firms had argued at the District Court for the
Southern
District of New York that the twin strikes on the trade centre were
part
of a single, continuous, planned attack.
'Complete
rebuild'
Mr
Silverstein said in a
statement
that he was "thrilled" with his victory.
"The
decision means an
additional
billion dollars of insurance proceeds will be available, which,
together
with Liberty Bonds, will ensure a timely and complete rebuild of the
World
Trade Center," he said.
"I
strongly felt, and the jury
agreed,
that the destruction of the twin towers by two separate airplanes at
two
separate times was two separate occurrences and that these insurers
have
an obligation to pay their fair share to help make Lower Manhattan
whole
again."
He
lost a similar case earlier
this
year against a dozen other firms. A different jury ruled policies from
those firms had defined such an attack as a single event. That
insurance
document tightly defined "occurrence" to make it clear that the 11
September
attack in New York was one insurable event.
'Disappointed'
The
defendants then included
Swiss
Re, which is liable for a single payout of up to $880m. A third trial
with
a different jury might be held to determine how much Swiss Re will
pay.
After the latest decision one of the insurers, Allianz AG, said it was
"disappointed" and pledged it would appeal against the verdict if
necessary.
A spokesman said Allianz would "pursue all our legal remedies".
Mr Silverstein wants to restore
10
million square feet (900,000 square metres) of office space on what has
become known as Ground Zero.
Previously...from the I-BBC
Developers
of the Freedom Tower broke ground on the 1,776-foot skyscraper at the
World
Trade Center site July 4, 2004. The concept most representative
of
the horror (to me) was the simplicity of a blue light rising at
night.
It represented the spirit of all who perished in the terrorist attack
on
WTC shown immediately above. The
blue light was, I think, the least
wastefull
of space or other resources, and it represented the "soul" of the WTC
and
all the people who perished on September 11, 2001. Click HERE
for information about the architect who "won" the competition (from
I-BBC).
Architect
and Developer Clash Over Plans for Trade Center Site
Tue Jul 15,
8:55 AM ET - By EDWARD WYATT The New York Times
With pressure
increasing to begin the rebuilding at ground zero, the architect with
the
winning design for the World Trade Center site plans to
meet today
with representatives of the developer to try to resolve clashing
visions
of what will be built. The meeting between the architect, Daniel
Libeskind,
and senior aides to the developer, Larry A. Silverstein, is the latest
attempt by rebuilding officials to force an agreement over the future
of
the site and the degree of Mr. Libeskind's influence in the design and
placement of the commercial office buildings there.
Mr. Libeskind
claims a public mandate on the project's future after his design was
chosen
over eight other proposals in a competition of renowned architects. His
vision is of a spiral of five towers including one 1,776-foot spire
surrounding
a hallowed, empty ground on the site where the twin towers once stood.
But Mr. Silverstein
believes the details of the commercial development are up to him. He
advocates
a more compact site containing all of the office space that was once
there,
saying that other arrangements would threaten the project's commercial
viability. Because he obtained the lease for the site less than
two
months before the Sept. 11 attack, his vow afterward to rebuild the
fallen
towers was all but laughed off. But now he has emerged as the single
person
who can meet Gov. George E. Pataki's aggressive timeline for beginning
the rebuilding, and in the process he has seized much of the initiative
from Mr. Libeskind.
In his effort
to mold the project to his liking, Mr. Silverstein has persuaded the
Port
Authority of New York and New Jersey, which owns the trade
center property,
to consider several changes to Mr. Libeskind's vision, and he has even
hired his own architect one of Mr. Libeskind's rivals in the
design competition
to come up with plans.
After prodding
by the developer, the Port Authority asked Mr. Libeskind to study the
effect
of moving his signature 1,776-foot tower to the eastern
portion of
the site, closer to a planned new transit hub, and to consider adding
an
office tower above that train station. Mr. Libeskind has fought
back,
however, claiming his winning design should hold sway. And he has
backed
up that assertion by hiring Edward W. Hayes, the scrappy Manhattan
lawyer
who was a classmate of Gov. George E. Pataki at Columbia Law School and
was a model for the lawyer Tommy Killian in Tom Wolfe's novel "The
Bonfire
of the Vanities," to negotiate with Mr. Silverstein.
Whether any
final decisions will emerge from today's meeting, which will also
include
officials from the Lower Manhattan Development Corporation
and the Port
Authority, is unclear. Mr. Libeskind is seeking a clearly defined role
in the design of the outside of the 1,776-foot tower, while Mr.
Silverstein
would like Mr. Libeskind to agree to a different design being put
together
by David M. Childs, the architect who has worked extensively with Mr.
Silverstein.
To that end,
Mr. Silverstein's office sent a letter last week to officials at the
Lower
Manhattan Development Corporation, which is overseeing the
rebuilding
effort, and the Port Authority, claiming that delays in decisions about
the location and size of buildings could cause him to miss a summer
2004 deadline
that Governor Pataki has set for construction to begin. What is
clear
from the battle is that Mr. Silverstein has transformed his
place in the
rebuilding of Lower Manhattan in recent months.
When Mr. Libeskind
unveiled his design in February, Mr. Silverstein rushed to embrace him,
and rebuilding officials were loath to give a formal role to
Mr. Silverstein
in the process. But Mr. Silverstein continued to push. With the
state
and the city facing vast budget gaps, it became clear that Mr.
Silverstein
alone had the money to begin the rebuilding effort. In April, after Mr.
Pataki laid out his timeline to complete the erection of steel on the
1,776-foot
tower by the end of his term in 2006, he made clear that he was handing
over much of the responsibility for the rebuilding to Mr. Silverstein.
Most recently,
when the Port Authority and the development corporation laid out
responsibilities
for the memorial, the cultural space and the office
development
at the site, Silverstein Properties and Westfield America, the company
controlling the retail space at the trade center, were given specific
roles
in reviewing their elements of the plan. All of the parties say
publicly
that their collaborative effort is proceeding smoothly, and most of
them
agree that for construction to begin a year from now, as scheduled, the
architects will have to begin producing detailed blueprints of the
commercial
parts of the site soon.
In any large-scale
development, conflict normally occurs over details. Pitched
battles
are taking place over certain features of the memorial to
victims of
the terrorist attack, and differences have also emerged over the future
cultural components of the rebuilt trade center. So perhaps it is
not surprising that behind the scenes, an increasingly rancorous
process
has threatened to delay the start of office space construction.
Mr. Silverstein
believes that the shape and size of Mr. Libeskind's proposed towers
will
not provide enough space or the right kind of unobstructed, column-free
floor space for top-flight tenants. To that end, Mr. Silverstein
and Mr. Childs have conceived a design that places the centerpiece
tower
directly over an office building about 70 floors in height. They also
want
to move the tower closer to the transportation hub, which they believe
will also attract more tenants.
Mr. Libeskind,
meanwhile, has pushed to preserve the unique elements of his design,
including
the off-center spire that forms the top of the 1,776-foot tower, a
feature
that Mr. Silverstein has contended will push up the building's
cost.
The continuing battles produced more pointed public statements
yesterday
from Mr. Pataki and other rebuilding officials. "As the governor
said when he outlined his ambitious plan for rebuilding Lower
Manhattan,"
said Lisa Dewald Stoll, a spokeswoman for Mr. Pataki, "this process
leaves
`no room for error or delay, for parochial concerns or unnecessary
legal
battles.' "Quite simply," Ms. Stoll added, "you're either part of
the team or you're not. The schedule will be met."
Kevin Rampe,
the president of the Lower Manhattan Development Corporation, said that
"the redevelopment of the World Trade Center is bigger than any single
individual," and Michael Petralia, a spokesman for the Port Authority,
said that he expected that the issues surrounding the site's master
plan
"will be resolved very quickly." Each also vowed that the governor's
deadline
would be met. And Howard J. Rubenstein, a spokesman for the
developer,
said, "Larry Silverstein agrees with that schedule and will make every
effort to meet it." Mr. Libeskind says such disagreements are
simply
"part of developing a master plan."
"Of course,
we have to stick up for the integrity of our plan as it relates to all
those issues," he added. "We can compromise so that the scheme evolves
into something that is really workable. But at the same time we must
keep
some boundaries where we don't negotiate."

The
Optimistic (and Long) View of Larry A. Silverstein
NYTIMES
By TERRY PRISTIN
Published: May 14, 2008
Larry A. Silverstein, the New York
developer, is used to being second-guessed.
By 2012, the developer Mr. Silverstein will control the downtown
Manhattan skyline, as the rebuilding of the World Trade Center site is
completed.
“There’s no shortage of people who are
always trying to tell you what you should do when it’s not their money
that’s at stake, and not their property,” he said last week.
Mr. Silverstein completed the first 7 World Trade Center in early 1987,
not long after the brokerage firm Drexel Burnham Lambert had run into
trouble and abandoned plans to lease all 42 floors of the tower. Later
that year, the stock market crashed.
As office vacancies reached their highest level in a decade, Mr.
Silverstein allowed his new building to remain nearly empty rather than
reduce his asking rent of $37 a square foot annually. Brokers said at
the time that he could fill the building in a flash if he would lower
the rent to $34. But Mr. Silverstein refused to budge. “I have the
staying power and the ability to do what I need to do,” he told The New
York Times in April 1988.
Two decades later, Mr. Silverstein has a new 7 World Trade Center. He
finished building the luminous 52-story tower in 2006, less than five
years after its predecessor was destroyed in the 2001 terrorist attack.
But two years later, just as the real estate market is bracing for a
significant loss of financial services jobs, no leases have been signed
for the top 10 floors. The penthouse is used instead for movie shoots,
fashion shows and receptions for civic groups, though Mr. Silverstein
draws the line at weddings and bar mitzvahs.
Once again, real estate professionals are puzzled by Mr. Silverstein’s
refusal to compromise on his annual asking rent, which now ranges from
$75 to $85 a square foot for the top floor. Last summer, the law firm
of Cleary Gottlieb Steen & Hamilton came close to making a deal,
but Mr. Silverstein would not shave a couple of dollars off the rent.
“Our client would have loved to have moved there,” said Cleary’s
broker, Barry M. Gosin, chief executive of Newmark Knight Frank.
Mr. Silverstein, who will turn 77 this month, smiled when he was
reminded of the 1988 parallel. “History repeats itself, doesn’t it?” he
said in an interview in his office on the 38th floor of 7 World Trade
Center.
The energetic Mr. Silverstein has other reasons to smile these days. At
a time when many developers around the country are being forced to pull
in their reins because of the credit squeeze, Mr. Silverstein has only
to look out his floor-to-ceiling windows to see a new real estate
empire in the making. His private company, Silverstein Properties, has
$9 billion worth of projects in the works.
To the south, the Freedom Tower, which Mr. Silverstein is developing
for the Port Authority of New York and New Jersey, is rising. Work is
finally under way 80 feet below street level on the foundations for two
of the three towers at ground zero that Silverstein Properties will
control: 3 World Trade Center, with 71 stories, and 4 World Trade
Center, with 61 stories.
This summer, the Port Authority is expected to finish building the
slurry wall that will allow the digging of a foundation for Mr.
Silverstein’s third office building, Tower 2, with 78 stories.
After years of delay — much of it a result of often acrimonious
wrangling between government officials and Mr. Silverstein, who signed
a long-term lease for the World Trade Center just six weeks before it
was destroyed — some 800 construction workers are now employed at the
site. Many of them also participated in the rescue efforts at ground
zero.
Looking east, Mr. Silverstein can monitor the demolition of 99 Church
Street, a 13-story office building a block from City Hall Park that
will be succeeded by an 80-story limestone tower, designed by Robert A.
M. Stern, with a 175-room Four Seasons hotel and 143 condominiums.
Mr. Silverstein’s financial partner in that project is the California
State Teachers Retirement System — also his partner in the recent
purchase of two Midtown Manhattan office buildings; one, 1177 Avenue of
the Americas, between 45th and 46th Streets, cost more than $1 billion.
Mr. Silverstein acknowledged that the team was also interested in the
Midtown buildings that Harry B. Macklowe surrendered to his lenders
after defaulting on billions of dollars in short-term debt.
Like Mr. Macklowe, Mr. Silverstein is a famously tough negotiator. But
he is also known for his unusually optimistic personality. Within days
of the terrorist attacks, he pledged that the World Trade Center would
be rebuilt. The cushion on his office sofa that bears a paraphrase of a
Thomas Jefferson adage: “Steer your ship with hope, leaving fear
astern” Though Lower Manhattan has blossomed as a residential
community, growing to more than 50,000 residents, it has nearly 30,000
fewer jobs than it had before the Sept. 11 attack. Office vacancy
downtown was 6.7 percent last month, compared with 6 percent in April
2007, according to the brokerage firm of CB Richard Ellis.
Predicting that the current downturn will not last long, Mr.
Silverstein said leases throughout Manhattan amounting to 60 million
square feet will expire within the next four years, just when his
buildings are ready to accept tenants. He is already trying to persuade
Merrill Lynch to move out of its offices at the World Financial Center.
Some real estate specialists wonder if Lower Manhattan will be able to
attract so many new tenants at once. “I don’t see why all the buildings
are being finished at the same time,” said the developer Douglas Durst,
who is active in Midtown. “That seems to me a tactical mistake.”
Others say they share Mr. Silverstein’s optimism. “The Lower Manhattan
of tomorrow is really a very very different place than the Lower
Manhattan of 10 years ago,” said Carl Weisbrod, the president of
Trinity Real Estate, which owns commercial buildings just north of
downtown. “I think Larry is totally right in betting on the future.”
Interest in 7 World Trade Center remains high, said Stephen B. Siegel,
the global chairman of CB Richard Ellis, which is representing the
building.
Two decades ago, the tax breaks and favorable financing Mr. Silverstein
received for 7 World Trade Center eliminated pressure to fill up the
building quickly.
The new $700 million parallelogram-shaped 7 World Trade Center was
financed with insurance proceeds and $475 million worth of
triple-tax-exempt Liberty Bonds. The building has a mix of tenants,
including Moody’s Investors Services; Mansueto Ventures, a magazine
publisher; and the New York Academy of Sciences. The cash flow more
than covers the debt service, Mr. Siegel said.
“He’s very confident in his product, and he holds out for his number,”
Mr. Siegel said. Lowering the rent by $2 a square foot would reduce his
annual income by $10 million and would lower the value of the building
by as much as $20 million, based on a current capitalization rate of 5
percent, he said. (That figure is a ratio of the building’s net
operating income relative to the sales price.)
Mr. Silverstein said he was taking the long view to protect a
family-owned asset. “When you get to be in your 70s, you look at things
like this through a different lens,” he said. “It’s better to take your
time and do it right.”
Families key to funding Pentagon
memorial
Washington Post
Article Last Updated: 09/11/2008 12:42:48 AM EDT
An American flag hangs from the side of the Pentagon as an airliner
flies overhead on Wednesday.«1»WASHINGTON -- Jim Laychak
arrived at the headquarters of Anheuser-Busch in April, thinking
through his pitch. A company photographer snapped his picture beside a
giant bronze eagle in the lobby, and executive Laura Reeves invited him
upstairs. He had come to ask for a million dollars.
It was not an unreasonable sum. After all, the St. Louis brewing giant
had helped the Pentagon Memorial Fund get started five years earlier
with a $1 million donation. Laychak sat down with Reeves, senior
director of the company's charitable foundation, and took out
his promotional materials.
As Laychak started in, Reeves politely stopped him. "I hope
you're not here to ask for money," she said. The air went out
of the room. But as Reeves explained that the company's sales
were slowing and money was tight, Laychak quickly recalibrated.
Five minutes later, he asked for the money anyway.
Laychak came out of the meeting with little more than a free brewery
tour, but the episode was as telling a moment as any in the seven-year
effort to build the country's first major Sept. 11 memorial,
which will be dedicated today at the Pentagon and open to the public
tonight. Its completion has not been the result of some large-scale
government endeavor, but of one led by a small, determined group of
victims' family members, such as Laychak, who have channeled
their sorrow into a ceaseless fundraising campaign.
Money had been little more than an afterthought when the idea for a
memorial to the victims of the Sept. 11, 2001, terrorist attack on the
Pentagon was proposed. Private donors would give quickly, the
assumption went, and the country's outpouring of grief would
merge into a river of cash.
The plan seemed solid. But by summer 2003, the funding assumptions
looked shaky. The memories of Sept. 11 were beginning to dull for many.
The country was at war, and the government needed the $13 million for
other things. Soon it was clear that the memorial's $22
million construction cost and $10 million endowment would have to be
raised primarily by the families of the victims.
They set up a nonprofit organization, the Pentagon Memorial Fund, and
enlisted a professional fundraiser. But when the money still did not
come fast enough, Laychak, whose younger brother, David Laychak, was
killed at his desk in the attack, decided on a more personal approach.
"If someone is going to say no to us," Laychak said, "then let them say
no to me."
Since then, Laychak, the fund's director, has been traveling
across the country to corporate boardrooms and the offices of
philanthropists, making his pitch as if it were a business proposition
or investment opportunity. Affable, easygoing and forthright, he has
eschewed sentimentality in favor of a simple, direct appeal, applying
skills developed in his career as a senior executive with the large
consulting firm Accenture.
Laychak, 49, learned that if he wanted big donors to give big sums, he
had to "make the ask" without fear of rejection.
"If you're not willing to make an ask, why would they be
willing to give?" Laychak said.
And give they did, in small amounts and big bundles. Donors included
AT&T, Boeing and the government of Taiwan. The state of
Maryland gave, as did Fairfax County, Va., former defense secretary
Donald Rumsfeld and his wife, Joyce; and the Philip L. Graham
Fund of The Washington Post.
Much of the money was gathered through large corporate gifts.
Partly because of the fundraising effort, the Pentagon Memorial has
been completed several years ahead of the country's other two
permanent memorial projects, in Lower Manhattan and Shanksville, Pa.,
the crash site of United Airlines Flight 93. Construction is underway
on the $610 million National September 11 Memorial and Museum at the
World Trade Center site, but its planners said recently that they are
aiming for a 2011 opening.
The National Park Service is leading the creation of a memorial for the
victims of Flight 93 in Shanksville, but construction has not begun.
Some victims' relatives have raised concerns that the proposed
design, which includes a grove of trees planted in an arc, resembles an
Islamic crescent.
For at least several years, then, the Pentagon Memorial will probably
be the emotional center of the country's Sept. 11 observance.
It has cost more and taken longer to build than planned, but in its
completion, there is hope among the builders, donors and family members
who have created the memorial that its evocative design will challenge
the indelibly dark memories of Sept. 11 with a new set of images:
flowing water, polished steel and light.
From a window near her desk, Kathy Dillaber has watched the
construction crews come and go at the memorial site. A personnel
manager for the Army, she was at work at the Pentagon on the morning
American Airlines Flight 77 hit the building like a bomb. Her youngest
sister, Patricia Mickley, working as a budget analyst one floor below,
was killed, along with two dozen of Dillaber's colleagues.
Over the years, Dillaber has seen the bulldozers clear the site, the
excavators prepare its foundation and the 184 stainless steel memorial
benches lowered into place, one for each of the dead. Just as she has
observed the construction process from above, she will now look out on
the completed memorial and its visitors. It will never be an easy view
for her.
"I have a love-hate relationship with it," she said. "It's a
beautiful memorial, and I'm very grateful. But I wish it
wasn't there. I wish it didn't have to be there in
the first place."
For several years, Dillaber has organized fundraisers for the memorial
through her community theater in Alexandria, Va., collecting $17,000.
"It's been a kind of therapy for me," she said. "But I
can't tell you how many good people we lost."
Even as rescuers and recovery crews combed through the rubble of the
Pentagon site after the crash, family members began asking how the
victims would be honored. Ideas for a memorial first turned up in a
suggestion box at a family assistance center set up by the Pentagon
immediately after the attack. One was from Laychak.
"In those horrible dark days, he was already writing suggestions for
how to memorialize the people we lost," recalled Meg Falk, former
director of the Pentagon's Office of Family Policy, who set up
the center and is now retired.
In 2002, after Congress authorized the Pentagon to build the memorial,
the U.S. Army Corps of Engineers announced a worldwide design
competition. The agency asked Falk to form a group with a dozen or so
victims' family members who could advise and guide the
project. Laychak was the first person Falk called.
"It was one of the hardest things I've had to do," she said.
"Here were all of these people who were still so raw, still grieving,
and I had to call them to ask them to get involved."
To a person, they all agreed.
Soon, the group was meeting monthly with officials from the Pentagon
Renovation Program, the agency in charge of the rebuilding. Four or
five locations for the memorial were proposed, Falk recalled, including
one adjacent to the Metro station, which would be especially convenient
for visitors.
"Some were nice spots," Falk said. "But the families said 9/11 had
picked the site." They insisted that the memorial should rise on the
grounds of the building's western side, exactly where the
plane hit.
By February 2003, an 11-member jury of design professionals, scholars,
Pentagon officials and victims' family members selected the
winning plan from 1,126 entries. It was drafted by a young couple,
Keith Kaseman and Julie Beckman, who proposed a parklike space with
shade, trickling pools of water and rows of arcing, cantilevered
"light" benches that would set the site aglow at night.
The Pentagon donated the land, but the construction cost of Kaseman and
Beckman's project soon rose to $22 million. For legal and
strategic reasons, the Pentagon Memorial Fund was created not long
after that, with nine family members as its board of directors.
Having raised the money to build the memorial, the fund is developing a
$10 million endowment to cover maintenance and other expenses. Lisa
Dolan, one of the fund's board members, said the
families' work will not end when the memorial is finished.
She plans to work on an initiative to encourage teachers to incorporate
the site into their history lessons. "I'll still be out there
working to keep the whole thing alive, so people don't
forget," said Dolan, whose husband, Navy Capt. Robert Edward Dolan Jr.,
was killed in the attack. "I don't think the public thinks
much about 9/11 now."
Laychak, who lives in Alexandria, also plans to continue in his role.
Recently, Falk said that when Laychak called her, the two discussed
what he would do once the memorial was open. At the end of the
conversation, Falk said Laychak thanked her for picking him as someone
who could get the site built. "He said, �You changed my life,'
" Falk recalled. "And I told him: �No, you picked yourself.' "

A
THOUGHT THAT MAY HAVE CROSSED THIS ADMINISTRATION'S MIND: If the
prisoners from Gitmo can't receive a fair trial in the United States,
why not let the trial become a World Court event? An then try the
previous administration in absentia for whatever?
Travesty in New York: We
are giving KSM a farcical show trial.
National Review online
By Charles Krauthammer
November 20, 2009, 0:00 a.m.
For late-19th-century anarchists, terrorism was the “propaganda
of the
deed.” And the most successful propaganda-by-deed in history was 9/11 —
not just the most destructive, but the most spectacular and telegenic.
And now its self-proclaimed architect, Khalid Sheikh Mohammed, has been
given by the Obama administration a civilian trial in New York. Just as
the memory fades, 9/11 has been granted a second life — and KSM, a
second act: 9/11, The Director’s Cut, narration by KSM.
Sept. 11, 2001 had to speak for itself. A decade later, the deed will
be given voice. KSM has gratuitously been presented with the greatest
propaganda platform imaginable — a civilian trial in the media capital
of the world — from which to proclaim the glory of jihad and the
criminality of infidel America.
So why is Attorney General Eric Holder doing this? Ostensibly, to
demonstrate to the world the superiority of our system, in which the
rule of law and the fair trial reign.
Really? What happens if KSM (and his co-defendants) “do not get
convicted,” asked Senate Judiciary Committee member Herb Kohl. “Failure
is not an option,” replied Holder. Not an option? Doesn’t the
presumption of innocence, er, presume that prosecutorial failure —
acquittal, hung jury — is an option? By undermining that presumption,
Holder is undermining the fairness of the trial, the demonstration of
which is the alleged rationale for putting on this show in the first
place.
Moreover, everyone knows that whatever the outcome of the trial, KSM
will never walk free. He will spend the rest of his natural life in
U.S. custody. Which makes the proceedings a farcical show trial from
the very beginning.
Apart from the fact that any such trial will be a security nightmare
and a terror threat to New York — what better propaganda-by-deed than
blowing up the entire courtroom, making KSM a martyr and making the
judge, jury, and spectators into fresh victims? — it will endanger U.S.
security. Civilian courts with broad rights of cross-examination and
discovery give terrorists access to crucial information about
intelligence sources and methods.
That’s precisely what happened during the civilian New York trial of
the 1993 World Trade Center bombers. The prosecution was forced to turn
over to the defense a list of 200 unindicted co-conspirators, including
the name Osama bin Laden. “Within ten days, a copy of that list reached
bin Laden in Khartoum,” wrote former Attorney General Michael Mukasey,
the presiding judge at that trial, “letting him know that his
connection to that case had been discovered.”
Finally, there’s the moral logic. It’s not as if Holder opposes
military commissions on principle. On the same day he sent KSM to a
civilian trial in New York, Holder announced he was sending Abd
al-Rahim al-Nashiri, mastermind of the attack on the U.S.S. Cole, to a
military tribunal.
By what logic? In his congressional testimony Wednesday, Holder was
utterly incoherent in trying to explain. In his November 13 news
conference, he seemed to be saying that if you attack a civilian
target, as in 9/11, you get a civilian trial; a military target like
the Cole, and you get a military tribunal.
What a perverse moral calculus. Which is the war crime — an attack on
defenseless civilians or an attack on a military target such as a
warship, an accepted act of war which the U.S. itself has engaged in
countless times?
By what possible moral reasoning, then, does KSM, who perpetrates the
obvious and egregious war crime, receive the special protections and
constitutional niceties of a civilian courtroom, while he who attacked
a warship is relegated to a military tribunal?
Moreover, the incentive offered any jihadi is as irresistible as it is
perverse: Kill as many civilians as possible on American soil and
Holder will give you Miranda rights, a lawyer, a propaganda platform —
everything but your own blog.
Alternatively, Holder tried to make the case that he chose a civilian
New York trial as a more likely venue for securing a conviction. An
absurdity: By the time Obama came to office, KSM was ready to go before
a military commission, plead guilty and be executed. It’s Obama who
blocked a process that would have yielded the swiftest and most certain
justice.
Indeed, the perfect justice. Whenever a jihadist volunteers for
martyrdom, we should grant his wish. Instead, this one, the most
murderous and unrepentant of all, gets to dance and declaim at the
scene of his crime.
Holder himself told the Washington Post that the coming New York trial
will be “the trial of the century.” The last such was the trial of O.
J. Simpson.
9/11 Trial Poses Unparalleled Legal
Obstacles for Both Sides
NYTIMES
By ERIC LICHTBLAU and BENJAMIN WEISER
November 14, 2009
WASHINGTON — How do you defend one of the most notorious terrorist
figures in history?
One step, legal analysts say, may be to ask for a change of venue.
Khalid Shaikh Mohammed’s lawyers, whoever they are, will no doubt
question whether he can get a fair trial from a jury sitting, as
Attorney General Eric H. Holder Jr. noted, in a Manhattan courthouse
“just blocks away from where the Twin Towers once stood.”
Then will come the inevitable challenges to interrogation methods used
on Mr. Mohammed during more than six years in detention. The government
has acknowledged waterboarding him 183 times to extract information
about the Sept. 11 attacks, which he eventually admitted planning.
Finally, if Mr. Mohammed is convicted, defense lawyers will most likely
plead for jurors in New York, historically more cautious about capital
punishment than much of the rest of country, to spare the sentence of
execution and send him to prison for the rest of his life instead.
The Obama administration’s decision to try Mr. Mohammed and four other
terrorism suspects in a civilian court provoked sharp debate among
politicians and lawyers about whether American courtrooms are the
proper place for so-called enemy combatants, whose suspected crimes
were hatched overseas and who viewed themselves as participants in a
war against the United States. Both sides agreed that defense lawyers
and prosecutors would face unique problems in what is likely to be a
hugely complex and emotion-laden case.
Whatever the case, if it actually makes its way before a jury, it
promises to be a trial like no other in memory, an extraordinary clash
involving the morality of torture, due process rights of foreign
terrorist operatives, and the ability of civilian courts to handle
national security cases.
Mr. Mohammed and his four co-defendants in military custody have
admitted their active involvement in plotting the Sept. 11 attacks and
have boasted of their success in killing 3,000 people.
Once the Justice Department brings formal terrorism charges against
him, Mr. Mohammed could seek to enter a guilty plea, just as he has
tried to do in military custody.
But legal analysts were not convinced that he would go that route and
said that he might instead seek to martyr himself in the eyes of Muslim
extremists through a grand and lengthy trial.
“There’s reason to believe he will try to take advantage of a public
platform — more public than Guantánamo afforded him — to
publicize his jihadist views,” said David H. Laufman, a Washington
lawyer and former federal terrorism prosecutor.
In fact, one question will be how a judge will prevent a trial from
turning into a forum on the American war on terrorism, including the
Bush administration’s interrogation policies. Terrorism defendants in
lesser-known trials have given rambling speeches condemning the
government.
The government may also want to avoid having its own interrogation
tactics put on trial. To lessen the impact of the coercive measures
used against the men, the F.B.I. has used “clean teams” of
investigators to collect information independently and do reviews that
it says have not been tainted by rough interrogation techniques. Still,
any defense lawyer will try to present evidence, including photographs
and the testimony of interrogators, to show Mr. Mohammed and his
co-defendants were mistreated.
Prosecutors will counter that Mr. Mohammed’s statements in the last few
years should be admissible at trial because they were voluntary and
came long after the government stopped waterboarding him in 2003.
But Steven Wax, a federal public defender in Oregon who has represented
seven Guantánamo defendants, said that “if I’m the defense
attorney, I would say ‘this was the product of torture’ ” and should be
thrown out of court.
If the Justice Department does try to introduce evidence that the
defense lawyers argue was coerced by torture, “I think that we’re going
to shine a light on something that a lot of people don’t want to look
at,” said Denny LeBoeuf, an American Civil Liberties Union lawyer who
led the group’s efforts in Guantánamo capital cases.
Mr. Holder did not comment directly Friday on the torture accusations
but said he was “quite confident” that the Justice Department could
produce enough evidence, including some not yet revealed publicly, to
get convictions. Indeed, legal analysts said the Justice Department
appeared to have a strong case based on Mr. Mohammed’s recent
statements at Guantánamo as well as e-mail and Internet
communications involving the accused plotters.
Mr. Holder said that if the men were convicted, “ultimately they must
face the ultimate justice”—meaning the death penalty.
But one challenge in seeking the “ultimate justice” is New York’s jury
pool, which is generally perceived by prosecutors and defense lawyers
to be more liberal than other places.
For example, a Manhattan federal jury twice deadlocked in 2001,
resulting in life sentences for two Qaeda operatives who confessed to
helping bomb the American Embassies in Kenya and Tanzania in 1998,
attacks that killed more than 200 people.
It was in part because of the concern about New York juries that the
Justice Department brought its prosecution of Zacarias Moussaoui in
Alexandria, Va., where jurors were believed to be more likely to vote
for the death penalty, according to law enforcement officials. But Mr.
Moussaoui also received a life sentence.
Indeed, the last executions in federal cases in Manhattan occurred in
the 1950s, most notably the case of the Rosenbergs.
If the Sept. 11 defendants do face death penalty proceedings, their
lawyers will almost certainly cite as a mitigating argument against
capital punishment their clients’ treatment in detention, including the
claims of coercive interrogation and in the case of Mr. Mohammed, the
183 instances of waterboarding.
“I think that’s certainly on everybody’s radar screen,” said David A.
Ruhnke, a civilian lawyer who represented one of the five Sept. 11
detainees, Ramzi bin al-Shibh, before the military commissions, and a
separate capital defendant in the embassy bombings trial.
“The fact that defendants have already been subjected to cruel and
likely illegal punishment,” Mr. Ruhnke said, “becomes a powerful
argument against inflicting the ultimate punishment.”
While the defense may consider a motion to move the trial out of New
York because it was the epicenter of the attacks, some legal analysts
said that might be difficult to do. Such requests have been approved —
in the Oklahoma City bombing, Timothy McVeigh’s trial was moved to
Denver — but they are rare and prosecutors are likely to argue that the
entire country was gravely affected by the Sept. 11 attacks.