Sept. 11 commission to subpoena Pentagon for critical documents

The federal commission investigating the terrorist attacks of Sept. 11 decided Friday to subpoena the Pentagon's North American Aerospace Defense Command because it failed to provide requested documents in a timely manner, a spokesman for the commission said.

The commission, a 10-member panel created last year to investigate the events leading up to the Sept. 11 terrorist attacks, is also threatening to subpoena the White House and CIA for failure to provide critical documents and information, said Al Felzenberg, deputy communications director. He said the NORAD subpoena could be issued as early as Monday.

Panel members are specifically trying to obtain copies of the daily Oval Office intelligence report that President Bush received in the weeks before Sept. 11, 2001. Last week the White House offered to make copies of the intelligence briefing available to the commission's chairman, former Republican New Jersey Gov. Thomas Kean, and its vice chairman, former Rep. Lee Hamilton, R-Ind.

The commission decided Friday to subpoena NORAD, but held off on issuing the other subpoenas.

"We remain hopeful that [the issues] can be resolved in a way that satisfies the president's concern for the sensitivities of the documents and the commission's need to have access to material that will help it do its job," Felzenberg said.

The subpoena to NORAD is the second issued by the commission. Last month, the commission subpoenaed the Federal Aviation Administration. Felzenberg said the FAA complied and turned over the requested documents, which the commission is now reviewing.

He emphasized that the commission is eager to have all the documents and information it needs so it can analyze the materials and make its report and recommendations. Under federal law, the commission expires on May 27.

Felzenberg said the commission will remain in negotiations with the White House and CIA to get the information it needs.

"The most important thing is that an agreement will allow us to get on with the substantive matters," Felzenberg said.