CONFIDENTIAL

COMMISSION

SENSITIVE

MEMORANDUM

June 7 , 2004

To :

Commissioners From: Philip Zelikow and John F anner Re: Possible False Testimony Concernin g Air D efense on 9/11

INTRODUCTION

In Staff

Statement

17 we will

offer

current

staff findings

ab out NO RAD

a nd FA A

responses to the hijackings of the

four

flights. That statement has a section on conflicting testimony that calls attention to the

different

version of the story originally presented by

NORAD

to us, and to others . W e believe there is circ umstanti al evidenc e suggest ing the possibili ty that one o r more

individuals

at

NORAD

m ay

ha ve know n that

th e

original account

was

false.

The

purpose

of

this memo is to summ ari ze that evidenc e. F or all the obvious reasons, we will try to choose our language with great care in discussing this evidence. Our interviews and the prepublication review process have put possible witnesses at our upcoming hearing

on

notice abo ut

ou r

concer n with

th e

conflicting

testimony.

But our

upcoming

Staff

Statement

17

does not incl ude a summary of the evide nce in this mem o. The Com mission may decide whether and when it needs t o take any

further

action to

refer

the matter to some other authori ty. Dan M arcu s has hel ped us. This mem o assu mes you have read

Staff

Statement 17 and therefore does not recapitul ate

the

material there.

PRIOR

ST TEMENTS

This will not be the first ti me this subject has b een address ed for the public recor d, or even,

for

that matter,

before

this Com mission. On May 23, 2003, at the Commission's second public hearing, representatives

of

both

th e

Federal A viation Adm inist rati on

( FAA )

an d

the N orth Am eri can A er osp ace

Defense

command

( NORAD )

testified. Their testimony

set

forth

the

times

at

which

the FAA

became aware that each

flight was

hijacked;

the

times

at

which the m ilit ary was

notified

of t he hijackings; and how the m ilit ary responded. Representatives of both agencies have also

testified

about this subject

before

congressional committ ees. They have been inte rviewed numerous t imes for media account s of the response

on

9/11.

T he

First

A ir

Force

h as

published

an

official

history,

Air War

Over

America

concerning

the air

defense

effort

on

9/11.

CONFIDENTIAL