Some staff members and commissioners of the Sept. 11 panel concluded that the Pentagon’s initial story of how it reacted to the 2001 terrorist attacks may have been part of a deliberate effort to mislead the commission and the public rather than a reflection of the fog of events on that day, according to sources involved in the debate.

Suspicion of wrongdoing ran so deep that the 10-member commission, in a secret meeting at the end of its tenure in summer 2004, debated referring the matter to the Justice Department for criminal investigation, according to several commission sources. Staff members and some commissioners thought that e-mails and other evidence provided enough probable cause to believe that military and aviation officials violated the law by making false statements to Congress and to the commission, hoping to hide the bungled response to the hijackings, these sources said.

In the end, the panel agreed to a compromise, turning over the allegations to the inspectors general for the Defense and Transportation departments, who can make criminal referrals if they believe they are warranted, officials said.

“We to this day don’t know why NORAD [the North American Aerospace Command] told us what they told us,” said Thomas H. Kean, the former New Jersey Republican governor who led the commission. “It was just so far from the truth. . . . It’s one of those loose ends that never got tied.”

Although the commission’s landmark report made it clear that the Defense Department’s early versions of events on the day of the attacks were inaccurate, the revelation that it considered criminal referrals reveals how skeptically those reports were viewed by the panel and provides a glimpse of the tension between it and the Bush administration.

A Pentagon spokesman said yesterday that the inspector general’s office will soon release a report addressing whether testimony delivered to the commission was “knowingly false.” A separate report, delivered secretly to Congress in May 2005, blamed inaccuracies in part on problems with the way the Defense Department kept its records, according to a summary released yesterday.

A spokesman for the Transportation Department’s inspector general’s office said its investigation is complete and that a final report is being drafted. Laura Brown, a spokeswoman for the Federal Aviation Administration, said she could not comment on the inspector general’s inquiry.

In an article scheduled to be on newsstands today, Vanity Fair magazine reports aspects of the commission debate — though it does not mention the possible criminal referrals — and publishes lengthy excerpts from military audiotapes recorded on Sept. 11. ABC News aired excerpts last night.

For more than two years after the attacks, officials with NORAD and the FAA provided inaccurate information about the response to the hijackings in testimony and media appearances. Authorities suggested that U.S. air defenses had reacted quickly, that jets had been scrambled in response to the last two hijackings and that fighters were prepared to shoot down United Airlines Flight 93 if it threatened Washington.

In fact, the commission reported a year later, audiotapes from NORAD’s Northeast headquarters and other evidence showed clearly that the military never had any of the hijacked airliners in its sights and at one point chased a phantom aircraft — American Airlines Flight 11 — long after it had crashed into the World Trade Center.

Maj. Gen. Larry Arnold and Col. Alan Scott told the commission that NORAD had begun tracking United 93 at 9:16 a.m., but the commission determined that the airliner was not hijacked until 12 minutes later. The military was not aware of the flight until after it had crashed in Pennsylvania.

These and other discrepancies did not become clear until the commission, forced to use subpoenas, obtained audiotapes from the FAA and NORAD, officials said. The agencies’ reluctance to release the tapes — along with e-mails, erroneous public statements and other evidence — led some of the panel’s staff members and commissioners to believe that authorities sought to mislead the commission and the public about what happened on Sept. 11.

“I was shocked at how different the truth was from the way it was described,” John Farmer, a former New Jersey attorney general who led the staff inquiry into events on Sept. 11, said in a recent interview. “The tapes told a radically different story from what had been told to us and the public for two years. . . . This is not spin. This is not true.”

Arnold, who could not be reached for comment yesterday, told the commission in 2004 that he did not have all the information unearthed by the panel when he testified earlier. Other military officials also denied any intent to mislead the panel.

John F. Lehman, a Republican commission member and former Navy secretary, said in a recent interview that he believed the panel may have been lied to but that he did not believe the evidence was sufficient to support a criminal referral.

“My view of that was that whether it was willful or just the fog of stupid bureaucracy, I don’t know,” Lehman said. “But in the order of magnitude of things, going after bureaucrats because they misled the commission didn’t seem to make sense to me.”

We have seen the Twin Towers collapse hundreds of times on TV. The steel and glass skyscrapers exploding like a bag of flour, the dust and smoke pluming out across Manhattan. But never like this, from above.

Nine years after the defining moment of the 21st century, a stunning set of photographs taken by New York Police helicopters forces us to look afresh at a catastrophe we assumed we knew so well.

3:18

Threatened Federal Sanctions Against NYPD, Secret Service, FBI & Mayor’s Office If Secret Ever Got Out

Federal officials knew that sending two fighter jets and Air Force One to buzz ground zero and Lady Liberty might set off nightmarish fears of a 9/11 replay, but they still ordered the photo-op kept secret from the public.

In a memo obtained by CBS 2 HD the Federal Aviation Administration’s James Johnston said the agency was aware of “the possibility of public concern regarding DOD (Department of Defense) aircraft flying at low altitudes” in an around New York City. But they demanded total secrecy from the NYPD, the Secret Service, the FBI and even the mayor’s office and threatened federal sanctions if the secret got out.

“To say that it should not be made public knowing that it might scare people it’s just confounding,” Sen. Charles Schumer said. “It’s what gives Washington and government a bad name. It’s sheer stupidity.”

The flyover — apparently ordered by the White House Office of Military Affairs so it would have souvenir photos of Air Force One with the Statue of Liberty in the background — had President Obama seeing red. He ordered a probe and apologized.

“It was a mistake. It will never happen again,” President Obama said.

The NYPD was so upset about the demand for secrecy that Police Commissioner Ray Kelly vowed never to follow such a directive again and he accused the feds of inciting fears of a 9/11 replay.

“Did it show an insensitivity to the psychic wounds New York City has after 9/11? Absolutely. No questions about it. It was quite insensitive,” Kelly said.

The cost of the frivolous flight was about $60,000 an hour and that was just for Air Force One. That doesn’t include the cost of the two F-16s that came along.

The mayoral aide who neglected to tell Mayor Michael Bloomberg about it was reprimanded.

Some staff members and commissioners of the Sept. 11 panel concluded that the Pentagon’s initial story of how it reacted to the 2001 terrorist attacks may have been part of a deliberate effort to mislead the commission and the public rather than a reflection of the fog of events on that day, according to sources involved in the debate.

It’s a matter of life and death

A bipartisan group of senators is pushing legislation that would force the CIA to release an inspector general’s report on the terrorist attacks of Sept. 11, 2001.

The CIA has spent more than 20 months weighing requests under the Freedom of Information Act for its internal investigation of the attacks but has yet to release any portion of it.

The agency is the only federal office involved in counterterrorism operations that has not made at least a version of its internal 9/11 investigation public.

Sen. Ron Wyden, D-Ore., and two other intelligence committee leaders — chairman Jay Rockefeller, D-W.Va., and senior Republican Kit Bond of Missouri — are pushing legislation that would require the agency to declassify the executive summary of the review within one month and submit a report to Congress explaining why any material was withheld.

The provision has been approved by the Senate twice, but never made into law.

In an interview, Wyden said he is also considering whether to link the report’s release to his acceptance of President Bush’s nominations for national security positions.

“It’s amazing the efforts the administration is going to stonewall this,” Wyden said. “The American people have a right to know what the Central Intelligence Agency was doing in those critical months before 9/11…. I am going to bulldog this until the public gets it.”

(CBS) Key congressional leaders say they didn’t know President Bush had established a “shadow government,” moving dozens of senior civilian managers to secret underground locations outside Washington to ensure that the federal government could survive a devastating terrorist attack on the nation’s capital, The Washington Post says in its Saturday editions.

Senate Majority Leader Thomas A. Daschle (D-S.D.) told the Post he had not been informed by the White House about the role, location or even the existence of the shadow government that the administration began to deploy the morning of the Sept. 11 hijackings.

An aide to House Minority Leader Richard A. Gephardt (D-Mo.) said he was also unaware of the administration’s move.

Among Congress’s GOP leadership, aides to House Speaker J. Dennis Hastert (Ill.), second in line to succeed the president if he became incapacitated, and to Senate Minority Leader Trent Lott (Miss.) said they were not sure whether they knew.

Aides to Sen. Robert C. Byrd (D-W. Va.) said he had not been told. As Senate president pro tempore, he is in line to become president after the House speaker.

LONDON – President Bush has exploited the Sept. 11 attacks, and a timorous American press has not held him to account, former President Jimmy Carter said in an interview published Monday.

In The Spy Factory, an eye-opening documentary on the National Security Agency (NSA) by best-selling author James Bamford and Emmy Award-winning producer Scott Willis, NOVA exposes the ultra-secret intelligence agency’s role in the failure to stop the 9/11 attacks and the subsequent eavesdropping program that listens in without warrant on millions of American citizens. The Spy Factory premieres Tuesday, February 3, 2009 at 8 pm ET/PT on PBS (check local listings)

Please check us out online at http://www.pbs.org/wgbh/nova/spyfactory/

People look at a half-constructed building caught on fire in Foshan, south China’s Guangdong province, Friday, Jan. 16, 2009. The fire on the 26-story office building lasted for four hours. Cause of the fire accident is under investigation. (AP Photo/Color China Photo)

NEW YORK – Lawyers for the families of three people who were killed in the Sept. 11 hijackings have asked a federal judge to release confidential documents obtained from airlines, security firms and other defendants sued in the attacks.

The lawyers wrote to Judge Alvin K. Hellerstein of Federal District Court in Manhattan, “The public ought to know about the breakdowns in aviation security that allowed four commercial planes to become weapons of mass destruction.”

The documents could number in the millions of pages, and are being kept secret by court order.

The plaintiffs include the families of two passengers and a flight attendant who were killed in the attacks. An effort in 2007 to seek the release of the documents failed.

9/11 Blueprint for Truth (2008 Edition)

WASHINGTON – In the immediate aftermath of the 2001 anthrax attacks, White House officials repeatedly pressed FBI Director Robert Mueller to prove it was a second-wave assault by Al Qaeda, but investigators ruled that out, the Daily News has learned.

Workers broke ground for the construction of the American military’s future nerve center—the Pentagon—on September 11, 1941. Exactly 60 years to the day from September 11, 2001.