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PRESIDENT BUSH is facing a courtroom battle over his failure to release papers that will show whether he was negligent about the threat of al-Qaeda before the September 11 attacks in 2001.
The chairman of the bipartisan federal commission investigating the attacks said that his patience with the White House was wearing thin. Thomas Kean, a moderate Republican, said that he would be forced to subpoena the documents unless the President authorised their release in the next few weeks. “Anything that has to do with 9/11, we have to see it,” Mr Kean said. At issue are the daily intelligence reports issued to Mr Bush by George Tenet, the CIA Director, along with other classified White House documents. In the aftermath of the attacks White House officials said that they could not have known what was planned. Last year, however, the White House acknowledged that Mr Bush had been briefed in August 2001 that al-Qaeda might try to hijack American passenger aircraft.
Any hint that Mr Bush knew more than he has let on, or that he failed to act on briefings, could be highly damaging in the presidential election campaign next year. Mr Kean, who heads the ten-member National Commission on Terrorist Attacks Upon the United States, issued his first direct threat of legal action in an interview with The New York Times, saying: “Any document that has to do with this investigation cannot be beyond our reach. I will not stand for it. That means that we will use every tool at our command.”
White House legal advisers have argued that the documents are protected under presidential privilege, but Mr Kean said that the commission’s remit was unique and such privilege did not apply. The commission, which was opposed by the White House, is falling behind schedule and may not be able to report in time — by next May. Max Cleland, a former Democrat senator from Georgia who is serving on the commission, accused the White House of trying to spin the commission out until after the presidential election in November next year.
“As each day goes by, we learn that this Government knew a whole lot more about these terrorists before September 11 than it has ever admitted,” he said.
http://www.timesonline.co.uk/newspaper/0,,170-869771,00.html