Professional Documents
Culture Documents
Proposed Report
Offered by Chairman Gowdy
June 28, 2016
ii
iii
CONTENTS
Illustrations .............................................................................................. iv
I. Terrorist Attacks on U.S. Facilities in Benghazi ................................ I-1
II. Internal and Public Government Communications about the Terrorist
Attacks in Benghazi .............................................................................. II-1
III. Events Leading to the Terrorist Attacks in Benghazi .................... III-1
IV. Compliance with Congressional Investigations.............................IV-1
V. Recommendations ............................................................................ V-1
Appendix A: Resolution Establishing the Select Committee on the
Events Surrounding the 2012 Terrorist Attack in Benghazi ................. A-1
Appendix B: Significant Persons and Organizations ............................ B-1
Appendix C: Questions for the President.............................................. C-1
Appendix D: Significant Events in Libya Prior to the Attacks ............. D-1
Appendix E: Security Incidents in Libya .............................................. E-1
Appendix F: Deterioration of Benghazi Mission Compound Security ..F-1
Appendix G: Timelines of the Attacks ................................................. G-1
Appendix H: The September 12 Situation Report and the Presidents
Daily Brief ............................................................................................ H-1
Appendix I: Witness Interview Summaries ........................................... I-1
Appendix J: Requests and Subpoenas for Documents ........................... J-1
Appendix K: Analysis of Accountability Review Board, House Armed
Services Committee and House Permanent Select Intelligence Committee Reports ............................................................................................ K-1
Appendix L: Glen A. Doherty, Sean P. Smith, J. Christopher Stevens,
and Tyrone S. Woods............................................................................ L-1
iv
I: TERRORIST ATTACKS
ON U.S. FACILITIES
IN BENGHAZI
If you guys dont get here, were all going to f----ing die.1
Diplomatic Security Agent in Benghazi during the attacks
Im in Benghazi this week, lurking about with my eyes ever-peeled for
RPGs hurtling towards my motorcade!2
Ambassador Christopher Stevens, to the U.K. Ambassador on
the morning of September 11, 2012
Were under attack.3
Ambassador Christopher Stevens, on the evening of September
11, 2012
I-2
Public Schedule [for the Secretary of State] for May 14, 2012 found at
www.State.gov/pa/prs/appt/2012/05/14/189814 htm
5
U.S. Representative to TNC Stevens provides an update on Libya, DIPNOTE, August 3,
2011 found at https://blogs.state.gov/stories/2011/08/03/us-representative-t-n-c-stevensprovides-update-libya.
6
A Guide to the United States History of Recognition, Diplomatic, and Consular Relations, by Country, Since 1776: [State Department/Office of the Historian] found at:
https://history.state.gov/countries/libya.
7
Biography of J. Christopher Stevens, Ambassador, Libya, found at:
https://state.gov/r/pa/ec/biog/193075.htm.
I-3
ed by Diplomatic Security Agents. The compound was staffed by a Principal Officer who provided political reporting on the changes occurring
in Benghazi as the country attempted to recover after the revolution.
In August of 2012, three months after Stevens returned to Libya as the
newly confirmed Ambassador, the Principal Officer in Benghazi was
nearing the end of his assignment. There would be a two-week gap between the Principal Officers departure date and the arrival of the next
Principal Officer.8 No one was scheduled to fill this vacancy until September 15, 2012, so Ambassador Stevens chose to send Principal Officer
4, to cover the vacancy during the first week in September.9 Stevens
chose himself to cover the second week.10 According to Gregory N.
Hicks, who as the Deputy Chief of Mission was second in command at
the time, Stevens very much wanted to get back to Benghazi he had
not been able to go since his own arrival in Tripoli in May of 2012.11
The timing of Stevens visit to Benghazi was important for another reason as well. He was spearheading an effort to make Benghazi a permanent post, Hicks testified:
One of the things he [Stevens] said to me was that, in his exit interview with Secretary Clinton, she expressed the hope that we
could make the special mission in Benghazi a permanent constituent post. And Chris said that one of the first things he intended
to do after his arrival was develop a proposal to move forward on
that project.12
A trip to Benghazi would allow Stevens to personally assess the political
and security situation and make a recommendation regarding whether the
U.S. should have a permanent presence there. Discussions were already
under way in Washington D.C. on how to fund a permanent post. Hicks
stated:
8
See Hicks April 2013 Transcript at 9 ([Principal Officer 3] left at the end of August,
and the new Principal Officer was not arriving until scheduled to arrive until September
15th or thereabouts.).
9
See id. at 57 (And so basically Chris announces at the meeting that [Principal Officer
4] is going to go to Benghazi to cover the first week in the gap, first week in September,
and that he would cover the second week.).
10
See id.
11
Id. at 9.
12
Id. at 7.
I-4
[W]e are only a month from the end of the fiscal year, so we
have to get a [sic] or, we have to help Washington, the executive
directors office of the Near East Bureau to put together a package to get it to [the Undersecretary for Management] Pat Kennedy for a decision by September 30th. Otherwise, we lose the
money. Because we had surplus money available from IraqI
cant remember, Iraq contingency fund I thinkthat had been
notified by Pat Kennedy for transfer from Iraqit wasnt going
to get spent in Iraq, and so we were going to spend it in Libya
and in Benghazi. But we had to get the justification forward to
do that.13
While the end of the fiscal year funding deadline was looming, the Diplomatic Security Agent in charge at the Embassy in Tripoli was, nonetheless, concerned about Stevens trip to Benghazi. Although his first
planned trip to Benghazi in the beginning of August 2012 had to be canceled because of security,14 Stevens was adamant, however, about going
in September.15 The Diplomatic Security Agent testified:
Previous to thisto his decisions to going up there, there was
we would meet weekly to discuss the security situation in Libya.[T]here was a specific meeting regarding what was happening in Benghazi. In that meeting, we reviewed incidents and
probable causes, whats initiating it. And a lot of discussion was
that it was the conflict or the incidents up there were, you know,
local population against local population and that that they
werent specifically targeting Americans up there. I expressed
my concerns about the incidents that did involve us. And the
basic response was that they were anomalies.
***
13
Id. at 16-17.
See Email from J. Christopher Stevens, U.S. Ambassador to Libya, to Principal Officer
3, Foreign Service Officer, U.S. Dept of State, (Aug. 2, 2012, 2:45 PM) (on file with the
Committee, C05390855).
15
See Testimony of Diplomatic Security Agent 23, U.S. Dept of State, Tr. at 69-70 (Oct.
10, 2013) [hereinafter Diplomatic Security Agent 23 Transcript] (on file with the Committee).
14
I-5
16
Id.
I-6
17
I-7
I-8
I-9
A: Yeah, I did not take that as a threat against U.S. interests, the
U.S. compound, U.S. persons, or anything else. I took that more
as a general discussion of Benghazi, the security situation in
Benghazi is general deteriorating, if they at least their assertion
that the general condition in Benghazi would deteriorate if they
withdrew their security support.
Q: Did you understand what did they mean by withdrew their security support?
A: Well, I mean, thats one of the questions I was asking, right.
What do you do? Who are you? Why are you Libya 1? Why are
you Libya 2? Whats your role? How do you fit into the security
structure? And, as I said, you know, they didnt really have a
very good picture of it themselves, so I couldnt come out with
one.24
The meeting underscored that the militias in Benghazi controlled what
little security environment existed there. Not having off-compound support from a militia would significantly threaten Stevens safety.
Stevens Trip to Benghazi: September 10, 2012
Stevens arrived by a commercial airplane in Benghazi on the morning of
September 10, 2012.25 Traveling with him were two of the six Diplomatic Security Agents assigned to the Embassy in Tripoli. Four Diplomatic
Security Agents remained behind at the Embassy along with four Department of Defense special operators who had previously served as part
of the Site Security Team [SST].26 In addition, the special operators had
previously augmented security at the Benghazi Mission compound, but
they were no longer able to do so.27 Patrick F. Kennedy, the Under Sec-
24
Testimony of Principal Officer 4, Foreign Service Officer, U.S. Dept of State, Tr. at
64-68 (May 8, 2015) (on file with the Committee). See also Email from J. Christopher
Stevens, U.S. Ambassador to Libya, to Principal Officer 4, Foreign Service Officer, U.S.
Dept of State (Sept. 10, 2012 1:51 AM) (on file with the Committee, C05395344).
25
Testimony of Diplomatic Security Agent 2, Tr. at 47 (Mar. 19, 2015) [hereinafter Diplomatic Security Agent 2.
26
Testimony of Gregory N. Hicks, Deputy Chief of Mission at U.S. Embassy Tripoli,
U.S. Dept of State, Tr. at 12-14 (Apr. 11, 2013) [hereinafter Hicks April 2013 Transcript] (on file with the Committee).
27
Hicks April 2016 Transcript at 17.
I-10
retary for Management, State Department, terminated the SSTs responsibilities for the Embassys security in August of 2012.28 As a result, the
SST was no longer able to travel with Stevens or augment security in
Benghazi.29
In fact, during August 2012, the total number of State Department security agents assigned to the Embassy in Tripoli dropped from 34 individuals
to six.30 Losing 28 security agents reduced not only the security resources available to the Embassy, but also those available to the Benghazi Mission compound. With limited security agents in Tripoli, there were
no surplus security agents to send to augment security in Benghazi
without leaving the Embassy in Tripoli at severe risk.
Hicks described the impact of the reduction in personnel on the overall
security platform in Libya:
28
Hicks April 2016 Transcript at 20, 33-35; see also, Email from Patrick Kennedy, Under Secy for Management, State Department, to Robert Neller, Lieutenant General, Defense Department (July 15, 2012,) (on file with Committee SCB0076533).
29
See Hicks April 2013 Transcript at 12-13.
The August 6th attack, or incident, if you will, AFRICOM decided to draw
down the SST team from 16 members to 6. Chris concurred in that decision because he didnt really feel like he had, you know, much leverage other than
that. And so [the Commander of the Site Security Team] and nine other members of the team left he may have discussed this in mid -August.
Full expectation was that when we, as the embassy, and working with the Defense Attach, achieved the agreement of the Libyan Government to proceed
with the counterterrorism mission under section 1208, and the training team
was given diplomatic immunity, they would return and begin the training mission. So they left. So we have at the time, then, six members of the SST left,
divided in two different locations, four and two. But they are still under AFRICOM authority.
General Ham issued a letter after the negotiation in Stuttgart over Eid al Fitr
describing the relationship of the SST to the embassy going forward. I honestly
cannot remember whether the contents of that letter are classified or not. I
know it was transmitted to us over classified communications. But it was not
Chief of Mission authority, I can tell you that. They were not told that they
were under the authority of the Ambassador with respect to security, although
they were told to cooperate I believe it told them to cooperate with the RSO for
internal defense matters, if I remember correctly.
30
Id. at 13-14.
I-11
31
Id.
I-12
uling as many meetings as possible in the villa.32 Stevens said he wanted to avoid the RPG reception that the UK Amb[assador] got .33
Upon arriving in Benghazi on September 10, 2012, Stevens received a
security briefing at the nearby Central Intelligence Agency [CIA] annex
on the changing threat environment.34 Due to the worsening security environment in Benghazi, the Diplomatic Security Agents at the compound
requested support from the Annexs security team, the Global Response
Staff [GRS], to supplement Stevens movements off-compound in Benghazi.35
Q: You talked during the last hour about the intelligence briefing
that you provided to the Ambassador the night before the attack.
What type of reaction did you get from the Ambassador from
your briefing?
A: He was interested. He took a lot of notes. It struck me a little
bit that he was surprised at how fast the situation had deteriorated in eastern Libya.
Q: And what did he do to give you that impression that he was
surprised at how quickly
A: He was called in to go to his next appointment several times,
and he refused to leave before we finished.
Q: Okay, do you know who his next appointment was?
A: Yes.
Q: And what was that?
32
I-13
36
I-14
38
Id. at 52-53.
Id.
40
J. Christopher Stevens, U.S. Ambassador to Libya, Personal Diary, Unofficial Transcript prepared by Patrick F. Kennedy, et al (Sept. 10, 2012) (on file with the Committee,
STATE-SCB0048881).
41
Id.
42
Readout of the Presidents Meeting with Senior Administration Officials on Our Preparedness and Security Posture on the Eleventh Anniversary of September 11th, dated
September 10, 2012.
39
I-15
conducted a conference call with key national security principals to discuss the steps taken to protect U.S. persons and facilities abroad and
force protection. Leon E. Panetta, Secretary of Defense, one of the conference call participants acknowledged they were already tracking an
inflammatory anti-Muslim video that was circulating on the Internet and
inciting anger across the Middle East against the United States and that
they braced for demonstrations in Cairo and elsewhere across the region.43 Due to the Arab Spring, it was a time of heightened concern for
that region in general. In particular, the discussion focused on several
areas including Cairo, Tripoli, Tunis, Khartoum, and Sanaa, due to intelligence indicating potential demonstrations could erupt in those areas.44
Based on the September 10 conference call with national security principals and the President, the Defense Department placed its forces on
higher alert because of the potential for what could happen.45 Yet, the
intelligence and the call for a heightened alert did not cause any actual
adjustment in its posture for assets that could respond to a crisis in North
Africa.46 Some assets were in the middle of training exercises, and others
were in the middle of inspections. No fighter jets or tankers were placed
on a heightened alert status.
SEPTEMBER 11, 2012
Morning in Benghazi: Never Ending Security Threats
The September 10 visit to Benghazi was Stevens first since becoming
Ambassador, and the city had changed since his departure in the fall of
2011.47 A growing extremist movement had taken hold within the city
limits and Stevens spent part of September 10th being briefed on what
43
Testimony of Leon Panetta, Secy of Defense, Dept of Defense, Tr.at 72 (Jan. 8, 2016)
[hereinafter Panetta Transcript] (on file with the Committee).
44
Id.
45
Id.
46
Id. See also, letter from Ashton B. Carter, Secy of Defense, to Trey Gowdy, Chairman, House Select Committee on Benghazi, April 8, 2015 (However, it is worth noting
that none of the military forces listed above were placed on heightened alert ahead of the
attacks on Benghazi on September 11, 2012.).
47
J. Christopher Stevens, U.S. Ambassador to Libya, Personal Diary, Unofficial Transcript prepared by Patrick F. Kennedy, et al (Sept. 10, 2012) (on file with the committee:
STATE-SCB0048881).
I-16
was happening from a security standpoint. One CIA officer described the
declining security environment in Benghazi at the time:
It was a really unique and difficult environment to operate in in
eastern Libya. It was really a unique environment. Its a country
that we have not hadI mean, as you know, it was a closed
country and it was a police state, and its not like its a country
that we had a ton of experience in how to operate in.
***
New groups are forming. New groups are dissolving. Outside
groups are interfering and starting to establish presence. So it
was an extremely dynamic and fluid situation.
As I said, you know, we had the handicap of not having good
SIGINT coverage within the country. And that goes back to the
fact that Libya, in general, was a denied area for a long, long
time for us, and its an area that was very difficult to operate in.
Q: Now,
. And Ive noticed
youve used the same word three times, deteriorating. And one
would think that a post-revolutionary country probably would be
in not the greatest of positions to begin with.
A: Right.
Q: And what youre saying is it deteriorated even from that.
A: Thats correct.
Q: And tell me why you have chosen to use that word and what
you mean by deteriorating?
A: The level of armed conflict and fighting between the various
groups increased. The level of assassinations, attacks on foreign
entities increased. There were entire towns, specifically Derna
and around it, that became very difficult to travel to; checkpoints
that were manned by individuals dressed in Afghan garb, jihadi
garb; a lot of evidence of foreign fighters coming in from outside
the country.
Specifically in June of 2012, right before the elections, the Islamist militia had an overt show of force, where they had a mili-
I-17
48
I-18
militias as an interim security measure.53 It was designed to be an interim security measure following the revolution but had not coalesced
into an established force and had little impact on the security incidents in
Benghazi.54
Stevens last meeting of the day was with the Turkish Consul General.
He escorted the Turkish diplomat to the front gate of the compound that
evening at 7:39 p.m. [1:39 p.m. in Washington D.C.].55
Stevens last entry in his personal journal, dated September 11, 2012,
read: Never ending security threats56
A Protest Begins at the U.S. Embassy
in Cairo, Egypt on September 11
In the hours preceding the attacks in Benghazi, a protest of approximately 2,000 demonstrators assembled outside the U.S. Embassy in Cairo,
Egypt.57 Cairo is some 600 miles east of Benghazi. Plans for a demonstration in Cairo first began to coalesce in late August 2012 with the designated terrorist organization, Jamaa Islamiya, calling upon its supporters
to protest the continued incarceration of its leader, Sheikh Omaar abdel
Rahman, also known as the Blind Sheik.58 Rahman is serving a life
prison sentence for his role in the 1993 World Trade Center bombing. 59
Additionally, in the days preceding the September 11 demonstration in
Cairo, an Arabic version of a trailer for a little known anti-Islamic film,
53
U.S Dept of State, Cable, The Guns of August: security in eastern Libya (Aug. 8,
2012) (on file with the Committee, C055782149).
54
Id.
55
Comprehensive Timeline of Events - Benghazi (on file with the Committee,
SCB0047843).
56
J. Christopher Stevens, U.S. Ambassador to Libya, Personal Diary, Unofficial Transcript prepared by Patrick F. Kennedy, et al (Sept. 10, 2012) (on file with the committee:
STATE-SCB0048881).
57
Email to Susan E. Rice, U.S. Ambassador to the U.N. (Sep. 11, 2012, 7:55 PM) (on file
with the Committee, C05390691) (re: FOR SER INFO: More on Cairo Embassy Attack).
58
See Larry Bell, Muslim Brotherhood Fox Was Hired To Protect Our Benghazi Consulate Henhouse, Forbes (Dec. 2, 2012),
http://www forbes.com/sites/larrybell/2012/12/02/muslim-brotherhood-fox-was-hired-toprotect-our-benghazi-consulate-henhouse-interview.
59
Id.
I-19
The original trailer, in English, was posted in July 2012. See Phil Willon and Rebecca
Keegan, Timeline: Innocence of Muslims Unrest, LA Times (Sept. 13, 2012),
http://articles.latimes.com/2012/sep/12/entertainment/la-et-mn-antiislam-film-sparksviolence-20120912.
61
Nancy A. Youssef and Amina Ismail, Anti-U.S. outrage over video began with Christian activists phone call to a reporter, MCCLATCHY NEWSPAPERS (Sept. 15, 2012),
http://www mcclatchydc.com/news/nation-world/world/article24737101 html; see also ,
Email from State Department Press Office, U.S. Dept of State, to State Department Press
Office, U.S. Dept of State (Sept. 13, 2012 4:54 PM) (on file with the Committee,
C05580045) (The film trailer had actually been circulating at a relatively low level for
some months out there in cyberspace and that it only caught fire in the region on the day
or just before that day that we began to see these various protests.).
62
See id. (in the day or days prior to the protests that became violent at our Embassy in
Cairo, the film had been shown on Egyptian television and was being quite heavily
watched, and our social media tracking indicated that we expected it to be localized to
Egypt.).
63
Catherine Herridge, DHS report warned last week of call for burning the embassy
down in Cairo, FOX NEWS, (Sept. 19, 2012),
http://www foxnews.com/politics/2012/09/19/dhs-report-warned-last-week-call-forburning-embassy-down-in-cairo.print.html; see also Intel agencies warned U.S. embassy
in Egypt of possible violence over film, AL ARABIYA NEWS (Sept. 18, 2012),
http://www.alarabiya net/articles/2012/09/18/238658 html.
64
Email from Victoria J. Nuland, Spokesperson, U.S. Dept of State, to Wendy Sherman,
Under Secy for Political Affairs, U.S. Dept of State, et al. (Sept. 12, 2012, 6:08 PM) (on
file with the Committee, C05580024) (Subject: Todays Benghazi backgrounding points)
(The statement was issued from Embassy Cairo just after noon Cairo time on September
11, well before the incident at the Embassy.); see also Karen Yourish and David A.
I-20
Fahrenthold, Timeline on Libya and Egypt: Attacks and response, WASH. POST, (Sept. 12,
2012), https://www.washingtonpost.com/politics/decision2012/timeline-on-libya-andegypt-attacks-and-response/2012/09/12/85288638-fd03-11e1-a31e804fccb658f9_story.html?hpid=z1.
65
Email to Susan E. Rice, U.S. Ambassador to the U.N. (Sep. 11, 2012, 7:55 PM) (on file
with the Committee, C05390691) (re: FOR SER INFO: More on Cairo Embassy Attack).
66
Id.
67
Id.
68
Email from Legislative Management Officer, U.S. Dept of State, to H_Egypt, et al.
(Sept. 12, 2012 7:55 PM) (on file with the Committee, C05562234) (Subject: Write up of
U/S Kennedy Call with Hill re Libya) (Attack in Cairo was a demonstration. There were
no weapons shown or used. A few cans of spray paint.).
69
Email to Susan E. Rice, U.S. Ambassador to the U.N. (Sep. 11, 2012, 7:55 PM) (on file
with the Committee, C05390691) (re: FOR SER INFO: More on Cairo Embassy Attack)
(Egyptian police did finally move the protesters off the compound peacefully.).
I-21
70
Testimony of Vice Admiral Charles J. Leidig, Deputy Commander for Military Operations, United States Africa Command, Tr. at 25-26 (Mar. 20, 2014) [hereinafter Leidig
2014 Transcript] (on file with the Committee).
I-22
film trailer that was out that was demeaning to the Prophet Mohammed. Did you have that understanding at the time?
A: Of the Cairo
Q: Yes.
A: demonstrations?
Q: Yes.
A: I think maybe I did. Im not sure.
Q: Okay. Were you monitoring within Libya for any type of reaction to this film?
A: Yes.
Q: Okay. And how long had you been monitoring in Libya for
any type of reaction to this film?
A: I think we had begun monitoring since about September 8th.
Q: Okay. And had you had any reaction or hits on your monitoring?
A: Very few, if any.
Q: So it appeared to be a nonevent in the country of Libya?
A: It was a nonevent in the country of Libya.
Q: Did you have any conversations with Ambassador Stevens
regarding the demonstrations in Cairo and the actions that you
were taking in response to that?
A: I had texted him and said, hey, are you watching TV? Embassy Cairo is under attack.
***
Q: And did he respond?
A:He said, really? And I cant remember exactly what he said,
but anyway it was, whats going on? And I said, the embassys
I-23
been breached, the flags been taken down, the black flag has
been raised in its place.
Q: Was that the sum total of your communication back and forth.
A: That was the sum total of our communication.71
One of the Diplomatic Security Agents in Benghazi told the Committee
what happened after Stevens learned of the Cairo protests:
Q: Did you hear at any point during the day at some time about a
protest in Cairo?
A: Yes. I cant remember exactly when, but I was made aware of
the protests in Cairo, and the Ambassador had asked about it.
Q: And were you actually in a conversation with the Ambassador?
A: I was in a conversation with the Ambassador when he said,
hey, somethings going on in Cairo, and he asked me if I would
be able to find out something about it for him.
Q: And were you able to?
A: I made some phone calls to the command center, in D.C. but
there was no other information that I received other than that
there was a protest, and they were actually in the process of
evaluating the situation.72
As in Tripoli, the agents in Benghazi monitored social media for any
planned or called-for demonstrations. On September 11, there was no
indication in Benghazi that any protests over the film trailer were
planned.73 With the film being a virtual nonevent in Libya, the Diplomatic Security Agents saw no reason to change their security posture that
day. One Diplomatic Security Agent recounted:
71
I-24
74
I-25
.79
A fourth agent testified:
77
Testimony of Diplomatic Security Agent 1, U.S. Dept of State, Tr. at 50-51 (Mar. 6,
2015) [hereinafter Diplomatic Security Agent 1 Transcript] (on file with Committee).
78
Diplomatic Security Agent 2 Transcript at 123-124.
79
Diplomatic Security Agent 3 at 31-32.
I-26
Q: Prior to the attack occurred [sic], did you hear anything on the
outside, such as chanting or any type of sounds [that] would be a
protest?
A: No, I never heard any sort of chanting or protest or anything.
Would it then be an accurate description to describe the attack as
a sort of stealth attack?
A: It was very sudden. As I had mentioned, conditions immediately before the only warning that I had that something was
amiss was thatkind of that cry that I heard at assault on the
main gate.
Q: So it was very sudden. And the first attackers that you saw
enter, were they armed?
A: Yes.80
The fifth agent testified:
Q: If there had been something about a planned protest in Benghazi, would that be the type of information that you would have
been interested in?
A: Yes.
Q: Do you recall any such information?
A: No.81
Hicks was asked if there was a protest [outside the facility], would
that have been reported? 82 In his view:
[A]bsolutely, I mean, were talking about both security officers
who know their trade, even though they are brand new, and one
of the finest political officers in the history of the Foreign Ser-
80
Testimony of Diplomatic Security Agent 4, U.S. Dept of State, Tr. at 144 (Mar. 16,
2015) [hereinafter Diplomatic Security Agent 4 Transcript] (on file with Committee.
81
Testimony of Diplomatic Security Agent 5, U.S. Dept of State, Tr. at 105 (Apr. 1,
2015) [hereinafter Diplomatic Security Agent 5 Transcript] (on file with the Committee).
82
Hicks April 2013 Transcript at 81.
I-27
83
84
Id. at 81-82.
Diplomatic Security Agent 4 Transcript at 16.
I-28
85
I-29
.86
The unarmed Blue Mountain Guard Force was fully staffed the evening
of September 11, 2012, with five guards. Two of those guards were assigned to the main entrance of the Benghazi Mission compound.87 Three
of the four armed February 17 Martyrs Brigade guards were at the compound at the time of the attack. One of the guards left early for a reported
family obligation with no replacement. The three remaining guards
were within the vicinity of the main gate just prior to the attack.88
ALL IS QUIET AT THE FRONT GATE
The Diplomatic Security Agents at the compound did not observe any
activity at the main gate during the hour leading up to the attack.89 The
only movement of note was the arrival of a local police vehicle at the
main gate at approximately 9:02 p.m. [3:02 p.m. in Washington D.C.].90
According to one of the Diplomatic Security Agents, the one security
component consistently lacking at the compound on a regular basis was
the police support on the exterior of the compound.91 On September 6,
2012, in the lead-up to Stevens visit, the Mission requested the Libyan
Ministry of Foreign Affairs provide one vehicle at each gate of the Mission round the clock (24 hours/day) from Sept 10, 2012 to September
86
See Diplomatic Security Agent 3 Transcript at 46-47 (for additional details on the reaction plans); see also Diplomatic Security Agent 4 Transcript at 20 and 82, and Diplomatic
Security Agent 5 Transcript, at 88 and 90.
87
Letter from U.S. Dept of State, to Blue Mountain Group, (Feb. 17, 2012) (on file with
the Committee, C05395135) (Subject: Notice of Contract Award Contract No. SAQMMA-12-C-0092 Local Guard Services Benghazi, Libya).
88
Diplomatic Security Agent 3 Transcript at 147.
89
Diplomatic Security Agent 4 Transcript at 127; see also Diplomatic Security Agent 5
Transcript at 113-114); Diplomatic Security Agent 2 Transcript at 85; Diplomatic Security Agent 4 Transcript at 36 (We did have visibility issues, especially at night with our
CCTV system. For that reason one of the efforts that I tried to lead was having the ESO,
Engineering Security Office, come out to install new CCTV cameras that we had received. Unfortunately, it wasnt to be. They were scheduled to arrive I believe the week
after the attack.).
90
DVR: Footage of the Mission. (Sep. 11, 2012) (on file with the FBI).
91
Diplomatic Security Agent 3 Transcript at 109.
I-30
92
Department of State, Diplomatic Note #59 prepared for the Ministry of Foreign Affairs
and International Cooperation, Director of General Protocol Department Branch, Benghazi Office (Sept. 6, 2012) (on file with Committee, C05389670).
93
Diplomatic Security Agent 1 Transcript at 7.
94
Id.
1-31
extremist indicated
on their way to
attack the [Mission compound's front gate] in Benghazi.95
The Committee also found evidence that a fo1mer TNC security official
also claimed he attempted to pass threat information directly to the CIA
Benghazi Annex prior to the attack. A few days after the attacks, on September 15, 2012, the
the former TNC official tried to relay the info1mation to the Director of the
Libyan Intelligence Se1vice and his assistant, who were both out of the
country.
91 Id.
98 Id.
99
Id.
I-32
, howeverbut what the Committee has uncovered and verifiedwas the former TNC security official
also claimed he attempted to pass this threat information directly to the
CIA Benghazi Annex prior to the attack. This claim was acknowledged
by both the Chief of Base in Benghazi and another CIA officer:100
Prior to the attacks,
101
102
103
05
A third person also claimed he tried to contact the U.S. government prior
to the attack. A Libyan Special Advisor on Security claimed he had
tried to warn the U.S. government of the potential for an attack on the
100
Officer A Transcript at 100; see also, Testimony of Chief of Base, Central Intelligence
Agency, Tr. at 130 (July 16, 2015) [hereinafter Chief of Base Transcript] (on file with the
Committee).
101
Officer A Transcript at 57, 59-60.
102
Officer A Transcript at 85.
103
See Officer A Transcript at 86. But see, Chief of Base Transcript at 139
.).
104
Officer A Transcript at 63-64.
105
Officer A Transcript at 64.
106
Attestation regarding
.
I-33
Consulate prior to the attack taking place.107 This individual left Libya
immediately after the attack and was afraid of potential threats against
him, based in part on his assumption that there were documents in the
Consulate likely found by the attackers, that they might interpret as him
sympathizing with the U.S. Government.108
THE FIRST ATTACK ON THE BENGHAZI MISSION BEGINS
At 9:42 p.m., the Libyan police vehicle at the front gate of the Benghazi
Mission compound rapidly departed at the same time attackers advanced
toward the main entrance.109 Prior to that, the Libyan police did not warn
the Diplomatic Security Agents at the compound, the unarmed Blue
Mountain Guards, or the armed February 17 Martyrs Brigade members
of the surging attackers or of their own departure.110
As the police vehicle fled, dozens of armed men rushed the compound and an explosion occurred near the main gate.111 It was the
beginning of what would be not one, but several attacks on the Benghazi Mission compound.
The Diplomatic Security Agents recalled first hearing taunts and chants
when the attackers rushed the compound and then a loud explosion. They
knew they were in imminent danger. According to one Diplomatic Security Agent:
Q: And how did you find out about the attack?
A: I heard a loud explosion and chanting outside.
Q: When you say chanting, what would be
107
See Email to [Tripoli Station], Sep. 21, 2012 [REQUEST 1000790 to REQUEST
1000795].
108
Id.
109
Diplomatic Security Agent 3 at 140 (I can say within 30 seconds to a minute, before
the attack started the single police car that was out there was a truck and it departed the
scene.); see also, DVR Footage of the Mission (Sep. 11, 2012, 9:42 PM).
110
Id. at 141.
111
See Diplomatic Security Agent 4 Transcript at 144. See also, Diplomatic Security
Agent 2 at 85-86; DVR Footage of the Mission (Sep. 11, 2012, 2142.53).
I-34
A: Yelling, screaming.112
Attackers quickly breached the main gate pouring onto the compound.113
One Diplomatic Security Agent described his reaction:
.114
The Diplomatic Security Agent immediately activated the alarm in accordance with the Compounds Emergency Action Plan calling for shelter in place.115 He stated: The react plan is exactly what happened: shelter in place, contact your support elements, and wait for their arrival.116
As the alarm was sounding, two unarmed Blue Mountain Guards fled
through the main gate.117 Immediately upon the initial breach of the main
gate, the attackers were engaged briefly by gunfire by one or more February 17 Martyrs Brigade guards. According to one Diplomatic Security
Agent, one of the guards was shot during this engagement:
. 118
With minimal resistance at the main entrance, the attackers quickly
pushed onto the compound and cornered the armed February 17 Martyrs
Brigade guards inside their barracks and set fire to the barracks.119 The
guards incurred no fatalities that evening. Besides the initial exchange of
gunfire at the main entrance, no additional gunfire was directed toward
the attackers on the compound prior to the end of the first wave of attacks at the Benghazi Mission compound.
112
I-35
After the alarm was initiated, the Diplomatic Security Agent in the Tactical Operations Center [TOC] immediately called the GRS personnel at
the Annex, located approximately one mile from the Benghazi Mission
compound.120
The Diplomatic Security Agents were able to establish an open line of
communication through a shared radio
with the Annex during
the attack allowing the two locations to have continuous communication.121
At the same time, another Diplomatic Security Agent relocated to the
TOC and tried to call the 17th February guards on the Mission compound for help.122 After this attempt failed, the Diplomatic Security
Agent called the Annex compound and asked them to contact the
headquarters of the February 17 Martyrs Brigade to request support.123 The Diplomatic Security Agent also called the Libyan Ministry of Foreign Affairs for support.124 The agents in the TOC then notified the lead security officer in Tripoli.125 One Diplomatic Security
Agent described their actions:
.126
120
I-36
127
Diplomatic Security Agent 3 Transcript at 141; see also Diplomatic Security Agent 5
Transcript at 114.
128
Diplomatic Security Agent 5 Transcript at 114.
129
Diplomatic Security Agent 3 Transcript at 142.
130
Diplomatic Security Agent 1 Transcript at 58.
131
Id.
132
Diplomatic Security Agent 3 Transcript at 142.
133
Diplomatic Security Agent 3 Transcript at 141-142.
I-37
Tripoli and the other agent contacted the State Departments Diplomatic
Security Command Center [DSCC] in Washington D.C. at 9:49 p.m.
Benghazi time [3:49 p.m. in Washington, DC].134
Unknown to the Diplomatic Security Agents on the Mission compound,
the attackers were a mix of local extremist groups, including the Benghazi-based Ansar al-Sharia, al-Qaida in the Lands of the Islamic Maghreb,
and the Muhammad Jamal Network out of Egypt. Members of al-Qaida
in the Arabian Peninsula, al-Qaida in Iraq and Abu Ubaydah Ibn Jarah
Battalion also participated.135
The Diplomatic Security Agent located in the safe haven with Stevens
and Smith described the weapons he saw during a direct encounter with
the attackers:
I could hear outside explosions, yelling, chanting, screaming,
gunfire, and I reported all of this on the radio just saying, this is
what my senses are telling me. Then people started banging on
134
Diplomatic Security Agent 2 Transcript at 86; see also, Email the Diplomatic Security
Command Center to the Special Assistants for the Secretary, et al (page 1) (Subject:
BenghaziAttack on Compound09112012) (Sep. 11, 2012, 1834 EST) (on file with
the committee: Doc# C05578314).
135
See The committee found no evidence of involvement by the Iranian government,
specifically the Iranian Revolutionary Guard-Quds Force (IRGC-QF) as has been reported. Email from the State Department Operations Center (Sep. 11, 2012, 6:06 PM) (on
file with the Committee, C05272001). At the time, there were two Ansar al-Sharia (AAS)
branches in Libya, the one in Benghazi that was involved in the attack, and one in Darnah
that was led by former Guantanamo detainee Abu Sufyian bin Qumo. There is no evidence that Qumo had any direct involvement in the attacks on the Mission or the Annex
on 11 and 12 September 2012. See Terrorist Attack in Benghazi: The Secretary of States
View, hearing before H. Comm. on Foreign Affairs, 113th Cong. 35 (2013). The other
Ansar al-Sharia, the Abu Ubaydah Ibn Jarah Battalion, was led at the time by Ahmed
Abu Khattalah, the lone person charged in connection with the attack. NCTC: Libya:
Terrorists and Extremists Reportedly Associates with the Benghazi Attacks (Sept 9,
2013); NCTC Current: Libya: Update on Benghazi Suspects (September 11, 2013); CIA
WIRe: Libya: Terrorists and Extremists Reportedly Associated with the Benghazi Attacks (Jan 28, 2013); CIA WIRe: Libya: Terrorists and Extremists Reportedly Associated
with the Benghazi Attacks (Feb 26, 2013); CIA WIRe: Libya: Terrorists and Extremists
Reportedly Associated with the Benghazi Attacks (August 12, 2013); CIA WIRe: Libya:
Terrorists and Extremists Reportedly Associated with the Benghazi Attacks (September
9, 2013); CIA WIRe Libya: Terrorists and Extremists Reportedly Associated with the
Benghazi Attacks, (March 24, 2014); CIA WIRe: Libya: Terrorists and Extremists Reportedly Associated with the Benghazi Attacks (July 24, 2014).
I-38
the doors of the building, so I reported that. Hey, there is banging on the doors. They are trying to come in, you know, we need
immediate assistance. And there wasnt any response on the radio. Shortly after that, to my recollection, the doors were blown
open. And about 70 individuals, you know, rushed into the building, all of them carrying AK-47s, grenades, RPGs, you know, a
mixture throughout everyone.136
The attackers were unable to gain access to the safe haven because the
access point had been fortified by the Diplomatic Security Agent inside.
Instead the attackers started a diesel fire just outside the safe haven at
approximately 10 p.m.137 At that time, the agents in the TOC reported to
the Diplomatic Security Command Center that Stevens and Smith were
located in the safe room.138 Meanwhile notice of the attack was disseminated in Washington D.C. at 4:05 p.m. [10:05 p.m. in Benghazi] through
an Ops Alert by the State Department Operations Center, which notified senior Department officials, the White House Situation Room, and
others the Benghazi Mission compound was under attack.139
As news of the attack spread in Washington D.C., Villa C, the main diplomatic building, was quickly engrossed in flames and heavy smoke. 140
Within minutes, Diplomatic Security Agents reported to the lead security
agent in Tripoli that contact with Stevens had been lost.141 A Diplomatic
Security Agent described what happened next inside the Villa:
And then slowly, people started to kind of trickle out. And then
the lights started to kind of dim. My initial response or my initial
thought was, well, they just knocked out the generators. You
know, we have regular city power, but we also have backup gen-
136
I-39
142
I-40
The last time I went out, you know, I decided that if I went back
into the building that I wasnt going to come back out. The
smoke and the heat were way too powerful, and way too strong,
and it was extremely confusing feeling my way in a smoke-filled
building. And I didnt want to get lost, and so I decided to climb
up the ladder to the roof. I climbed up the ladder, and pulled up
the ladder behind me and thats the moment that I knew the Ambassador Stevens and Sean Smith were probably dead.148
As the agent retreated to the rooftop of Villa C, he began taking gunfire.149 At 10:14 p.m. [4:14 p.m. in Washington D.C.], he reported to the
agent located in the TOC that Stevens and Smith were missing and unaccounted for.150
While some of the attackers were trying to break into Villa Cs safe haven, other attackers broke through Villa Bs main door.151 The attackers
were unable to gain access to the Diplomatic Security Agents and local
guard seeking refuge in the back because they had successfully barricaded the doors.152
Q: So you said that the attackers who tried to come into the room
were unsuccessful?
A: Yes, they tried to breach it one time.153
THE MISSION CALLS THE ANNEX FOR SUPPORT
When the attack started at 9:42 p.m. [3:42 p.m. in Washington D.C.], the
Diplomatic Security Agent in the TOC immediately called the Annex for
backup. 154 The agent testified:
148
I-41
.155
Once the request for assistance was made to the Annex, the security team
there immediately began packing up and preparing to respond.
The GRS Team Lead described what happened after the Diplomatic Security Agent called and requested their help.
[A]pproximately 20 [minutes] to 10:00 [p.m.], I got a cell phone
call on my phone from one of the ARSOs, State Department Regional Security Officers.
Give or take a few minutes or whatever it was, Id get that phone
call from [Diplomatic Security Agent 3], and hes obviously a bit
worked up, and he says: Hey, were under attack. And he tells
me hes sitting in the TOC, their Tactical Operations Center,
155
I-42
I-43
Testimony of GRS-Team Lead, Central Intelligence Agency, Tr. at 20-23 (Apr. 19,
2016) [hereinafter Team Lead Transcript] (on file with the Committee).
157
Id. at 23-24.
I-44
Hey, look, you know, we got to get going. We got to go. We got
to go.
I said: Yeah, I know that, but I dont know what were getting
into, and the chiefs trying to make some phone calls. I want to
get some technicals to go with us because I dont know what
werewhat were going to get into.
***
So he goes back into the car. Chief continues to, you know, work
the phones. He makes contact with maybe another two or three
guys, and then he circles back with that first person he made the
phone call to, and the phone is shut off. And he tells me: Hey,
its not going through. Its shut off. I said: All right. Can you try
the other guys back?
So he proceeds to, you know, try to make follow up phone calls.
You know, [one Team Member] pops out again, and hes like,
hey, we got to go, we got to go, and at that point Chief is like,
hey. Yeah, I know. Im just tryinglike, hang on. Im trying to
make somewere trying to get the technicals. Were trying to,
you know, get you guys some weapons.
***
And then one of the other officers,[] came out. Hes like, hey,
you know, what do we got? I said: Look, Chiefs trying to make
phone calls. I really want to get some technicals.
***
So at some point, you know, whatever, couple of minutes, it becomes kind of clear that theres nothing readily coming, or
thereslike Chief isnt making positive coms with anybody
whos saying, hey, Ive got, you know, two, three, four, five
technicals, theyre going to meet you at whatever location.
Thats not happening. So I tell the chief, I say: Hey, Chief, look,
were going.
And to be honest with you, I dont recall Chief saying anything.
Deputy chief, you know, kind of looks at me, and hes like, well,
hes like, you know, [GRS-Team Lead], God speed, hopefully
I-45
158
Id. at 24-26.
Testimony of the Chief of Base, Central Intelligence Agency, Tr. at 24-25 (Nov. 19,
2105) [hereinafter Chief of Base Transcript] (on file with the Committee).
159
I-46
organizations.
A: Well, there was a lot of disbelief and confusion, and trying to
understand what was happening, whatbasically, it was, as you
might, expect when something like that happens.
Q: Did you hear anything that would give you any pause or reason for concern?
A. Well, I was already concerned, to be honest with you. I
mean, you know, we could hear the gunfire. There were even
some tracer bullets flying overhead so we were, again, I was trying to get as much information as possible.160
The Chief of Base described what happened after the Annex team members finished loading their gear and were ready to depart.
Q: So at some point, the GRS folks were kitted up, and what
happened at that point that you can recall? Do you recall seeing
them all kitted up?
A: I was standing right in the area that they were getting their
stuff. It took them, I would say, about 15 minutes to get ready. It
was a veryto me, the time passed by very quickly.
A: And people were going to CONEXes and getting ammunition
and water, and getting batteries and MPGs and such. At one
point, [the Team Lead] came to me, I would say maybe 15
minutes into it and said that he wanted to see if I could arrange a
technical, or a gun truck, from 17th February. So I called back to
17th February and was working on getting that gun truck. So I
was in contact with [the Team Lead].161
***
Well, their response was, okay, but I dont have one, or its going to be difficult. I have got to check. It wasit was not like
immediately we are going to be able tothe person who I was
160
Id. at 25.
I-47
162
163
Id. at 29.
Id. at 31-32.
I-48
The Chief of Base acknowledged he may have told the team to wait
while he was attempting to secure additional resources for them.
I may have said wait because we were trying to get this technical
truck that the team lead wanted. But it wasnt 10 minutes, or 5
minutes. It was a short period of time. And the only time I remember ever talking to [Annex team member] was when he
came up, and I said Im trying to get a technical truck for [the
Team Lead]. There was nobody, myself or anybody else in Benghazi, that did anything to hold up the GRS deploying. The team
lead was always cleared to go.164
He further added:
People were coming and going the entire time. But I did not issue a stand-down order. And if there was a delay, there was a
very short delay, basically the team lead we have to try to get
this gun truck.
***
I was doing everything, and to my knowledge, everybody on that
base was doing everything. I think I carried an ammo can at one
time to get those guys out the door.
So its, you know, our GRS folks were very brave that night. But
I, everything that I saw from during the kitting up of the team, to
their departure till their return and heard in between, very much
[the Team Lead] was in charge of it. Listening to the radio, he
was in charge of it. So when [the Team Lead] was satisfied, I
think, that we werent going to get the support that wethat he
wanted to get this gun truck to try to link it upalthough I think
they did link up at some pointthat he left. He took the team
and left.165
One GRS agent did not recall the Chief of Base telling the team to
stand down but he did recall the Chief of Base telling them to
164
165
Id. at 58-59.
Id. at 59-60.
I-49
wait.166
Q: And what did you think when he told you to wait?
A: I believe at first I just said, okay, maybe hes talking to somebody that can help, and, you know, I respected the fact that he
wanted us to wait and see if he can gather additional fire power
to help. At some point, though, the wait was too long, and we
decided, you know, we couldnt wait any longer and we left. We
didnt know if that wait was going to be an indefinite wait and
youre-not-going wait or a real wait orbut nothing was happening for several minutes.
And so we can hear the State Departments cries for help on the
radio, and we just reached a point where we decided to leave on
our own.167
The agent also acknowledged during the time the team was kitting
up and after they loaded into the vehicles, the Chief of Base and the
Team Lead attempted to obtain additional support from the Libyan
partner organizations.
Q: When you said nothing happenednothing was happening
for several minutes, youre referring to what exactly? There were
individuals on the phone?
A: Yes.
Q: So that was occurring, but for your purposes
A: For our purposes, we were getting in and out of the vehicles,
ready to go. We were just waiting for someone to say go. My
understanding is they were trying to get us to link up with 17 Feb
or have 17 Feb go there first, something to do with 17 Feb helping out. But there was never a clear, definitive, this is whats go-
166
Testimony of GRS 3, Central Intelligence Agency, Tr. at 52 (May 29, 2015) [hereinafter GRS 3 Transcript] (on file with the Committee).
167
Id. at 50.
I-50
168
Id. at 50-51.
I-51
169
Testimony of GRS 4, Central Intelligence Agency, Tr. at 26-29 (March 1, 2016) [hereinafter GRS 4 Transcript] (on file with the Committee).
170
Id. at 30.
I-52
see him yelling at [the Chief of Base]. Hes going like this. Now,
I didnt hear it, but I asked him after what he said to him. He was
just there. Him and [the Chief of Base] are jaw jacking.
He gets in the car. I said whats going on, dude? He said hes
telling us to stand down. Now [GRS 1] told me that on the radio,
but I said my vehicle was doors were closed, armored vehicle,
but I remember seeing him go to the drivers side and just
Q: So it was just you and [GRS 5] in your vehicle?
A: Yeah. And then I also reconfirmed that when I asked [GRS 1]
later. He wasnt happy.
***
We waited another 10 minutes, so its been about 25 minutes.
Q: The first time you said you were ready to go in 5 minutes.
Then you said there was 10 minutes. Then you waited another 10
minutes?
A Close to 25 minutes.171
Although this team members testimony regarding the amount of
time that elapsed between the Missions request for help and the
teams departure was consistent with the testimony of other witnesses and the time indicated by the surveillance footage of the Annex,
his testimony about when the attack began, and thus when the Mission called for help, differed. The witness, one of the co-authors of
the book 13 Hours: The Inside Account of What Really Happened
in Benghazi, testified that the attack began at 9:32 p.m., ten minutes
earlier than other witnesses, documents and the surveillance footage
indicates. He was asked why he believed the attack began at 9:32
p.m. and provided this explanation:
A: I remember hearing a call on the radio that all GRS needed to
muster in the team room. I remember there was not a sense of
urgency in the voice. I remember looking at my watch. I remem-
171
Id. at 30-32.
I-53
ber it saying 9:32. And I have said that many times. I know it
differs, but I know thats what it said.
Q: So let me stop you there. I know you said it many times. Ive
read that in the book. Everywhere else Ive seen its 9:42. How
do you account for the difference?
A: Differences of what people want to hear, want to know. I was
on the ground. I was looking. I was pissed off because somebody
was bothering me at 9:32 at night because I wanted to go home.
Q: You were home.
A: I wanted to get the day over with. Nothing comes good, when
you get bothered at night, especially if youre in the military, and
youre getting called by your leadership at 9:00 at night, nothing
good comes of it. The difference, youd have to ask the person
that says its 9:42. I dont know. I didnt see anybody else with
me on that report there that night, though. We get a call 30 seconds later, roughly.
***
Q: And I dont mean to pick apart your statement. So the book I
believelet me just quote you from the book. It says: At 9:02
p.m. an unexpected vehicle drove down the gravel road outside
the compound. And a little bit later the SSC vehicle pulled away
40 minutes after it arrived. A little while later. Almost the moment the SSC pickup pulled away from the compound, shots and
an explosion rang out?
A: Sure. And what Mitchell was doing with that is he was pulling stuff off the report. We had to get the book cleared.
Q: Okay.
A: So if you read it, too, he also says that [GRS 4] looked at his
watch, and he has assured that it was 9:32 that he was called. So
were getting both what other people were saying. Thats what
we were trying to do, and [GRS 2] can help me out with the
book here if I get too far into it. But were trying to show that
there are differences in what people saw. I know what I saw. Im
not going to say what other people saw, and what those other
I-54
Id. at 22-24.
GRS 1 Transcript at 73.
I-55
phone calls.
Q: So you were the only one out of the lead vehicle. And you got
out of the vehicle and you said you saw the chief of base, the
deputy chief of base, and the team lead. And where were they?
A: On the front porch of the building 3
***
Q: And what were each of them doing?
A: They were on the phone.
Q: Okay. They were all on the phone?
A: Yes.
Q: Okay. And you said thatIm just paraphrasing: Weve got
to get over there. Were losing the initiative. Did you say that?
Does that sound right?
A: Yes.
Q: And did you say that to anybody in particular or all three of
them?
A: Pretty much all three of them because I was looking directly
at them.
Q: Okay. And what was the response that you got from all of
them or any of them?
A: Stand down. You need to wait. That was from the chief of
base.
Q: Okay. Do you remember exactly what the chiefis that a
paraphrase? Did he use those exact words? Do you remember?
I-56
174
Id. at 78-79.
Id. at 80.
176
Id. 130-31.
175
I-57
ing a meeting I had been to earlier in the day with the chief of
base, and I remember looking at the clock that was in the lower
corner of the computer screen noting thatfor some reason it
just stuck outthat it was 9:40 or 9:42. I remember looking at
the time. And the GRS team leader,
, came in, and grabbed
me and pulled me out into the GRS room and saidsaid he had
just received communication from [Agent 3] at the special mission that they had people inside the wire there. They had people
inside the compound. And he said: We are going to go, we are
going to go over there, you know, and get those guys, get them
out of there. And I said: Okay, you know, got that, but we got to
let the boss know about this and he needs to make the call before
we do that. And he said, yeah. So I went back in.
I got the Chief of Base, brought the Chief of Base out into the
GRS team room where we were. The GRS team leader advised
the chief of base what the situation was and said: We got to go
get those guys. And the chief of base responded, Absolutely.
Absolutely. Not, I got to go call the chief of station. Not, I
got to go check with somebody in Washington. All he said was,
Absolutely. So I want to make that very clear because I know
theres conflicting accounts about that discussion. There were
three people in that discussion: myself, the GRS team leader, and
the chief of base. And anybody writing any books or making
movies, or whatever else, I can tell you none of those guys were
in the room when that discussion occurred.177
The Deputy Chief of Base indicated the GRS team was loaded and
ready to depart approximately 10 minutes after the Team Lead told
them what was happening at the Mission.
So [the Team Lead] advised me that he had just gotten the call
from [Diplomatic Security Agent 3] and then Iand then I told
him, we got to, you know, we got to check with the chief of base
on this. And I went and got him, and then we had that short discussion. And then, shortly thereafter, he advised the GRS team
members to start gathering their equipment that they were going
177
Testimony of Deputy Chief of Base, Central Intelligence Agency, Tr. at 101-02 (June
4, 2015) [hereinafter Deputy Chief of Base Transcript] (on file with the Committee).
I-58
over there.
***
And that tookthat took about 10 minutes for them to get everything together.178
The Deputy Chief of Base raised a concern with the Chief of Base
that they needed to attempt to confirm whether 17th February or any
other friendly militia was at the base or would be arrive shortly in
order to prevent that force from attacking the GRS team or vice versa. The Deputy Chief noted because one GRS team member was
away from the base at the time, and the remaining were preparing to
go to the Mission compound, the Annex effectively was without any
defensive capability.
But what happened was, I said to the chief of base: Look it, you
know, we got a real issue here with potential green-on-blue because we were still operating under the assumption that 17th
February was going to show up.
And, in fact, a bunch of them about did, although it appears to be
an uncoordinated response. They did, in fact, show up. So you
got to remember that these guys that went over there, the GRS
guys, the six of them,
. And I was really worried about that. If the city is blowing up, I got to make
sure we get them back safely because what we were doing in
making this decision, again, which the chief of base made instantly on the spot, without equivocation, was we were giving up
all of our shooters to go over there and rescue the State Department people, as well as any QRF capability we would have had
to rescue the case officer and the lone GRS guy
if they got into an in extremis situation.
Now, on top of that, what the GRS guys took with them when
they responded over there was every piece of heavy automatic
weapons, and every really solid defensive weaponry capability
178
Id. at 103.
I-59
179
Id. at 104-05.
GRS 4 Transcript at 95.
181
Id.
182
DVR Footage of the CIA Annex (Sep. 11, 2012, 2005).
180
I-60
of the vehicles.
And at that time, the interpreter and [the Team Lead], I believe,
started talking to somebody. We were receiving ineffective, sporadic fire. We returned fire and moved up the street. At that
point, thats when our group split up.183
The Team Lead also described the roadblock:
Q: And describe what happened when you left the base?
A: So we roll out, and at this point there obviously was no communication via telephone thats got us anything. So my plan now
is the route that were going to take to get to the mission facility,
I know theres twothree militia and/or proper Army compounds the way. So my intentions are to basically stop into one
of those facilities along the way, get the technicals that we were
trying to get for support, and then roll to the mission facility.
So we come out to one of the main roads. One of the gates, back
gates to one of the militia compounds, which is always sealed up
and closed, is wide open, and theres militia guys moving all
over the place.
I look up the street, and there isI can see, you know, a bunch
of other movement and what have you, personnel, militia guys,
whatever, and we have to go north anyways, so I said: Hey, push
on to, at that corner, there is what used to be a Libyan National
Army base or compound right at the corner. I said: Hey, were
going to go to that compound because thats the direction we
have to travel.
We get to that corner, and as Im looking to pull inand theres
guys, you know, standing out in front. And as Im looking there,
and then I look atessentially the path of the travel is across the
main intersection and across the street, and generally speaking,
where we wouldthe access road to the State facility is kind of
up a couple of 100 yards or so on the right, and as I look up,
there isI can see a couple of technicals and a bunch of dis183
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.187
As the agents are making their second round of attempts in and out of
Villa C to locate Stevens, at 10:38 p.m. [4:38 p.m. in Washington D.C.],
a local force, arrived at the Mission.188 A few minutes later, the Annex
Team arrived on the compound. After three of the Annex Team members
cleared the main road and the main gate they entered the compound.189
Two minutes later, the Annex Team Lead and the CIA linguist arrived
through the main gate of the Mission.190
184
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Over the course of the next 20 minutes, members of the Annex Team
continued to clear portions of the compound while other Annex Team
members joined the Diplomatic Security Agents in searching for Stevens
and Smith.191 One of the Diplomatic Security Agents described his attempts to find them:
.192
191
192
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I-64
194
Id. at 136-137.
Comprehensive Timeline of EventsBenghazi, produced by the US State Department. (Last Edit Nov 01, 2012) (State-SCB0047843) (on file with the Committee).
196
Hicks April 2013 Transcript at 18.
195
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197
198
Id.
See Hicks April 2016 Transcript at 72.
I-66
One of the things, on a more tactical level, was the entire GRS
contingent in Benghazi, save one officer, was forward deployed
to the temporary mission facility. So they were, in my opinion,
very vulnerable.
At that time, I made the decision to deploy all except one of our
GRS officers to Benghazi. That gave me certainly a sense of
trepidation because that left us vulnerable to any sort of attack or
follow on things. So that was part of my thought calculus doing
that. I didnt hesitate, but I certainly thought about that and the
ensuing consequences of leaving one GRS.199
While the mission of Team Tripoli was supported by the Department of
State at Embassy Tripoli and supported by AFRICOM, it was a mission
orchestrated solely by the CIA Chief of Station in Tripoli. As reported by
one of the military members of Team Tripoli to the Committee:
Q: Did AFRICOM headquarters or SOCAFRICA have any role
in planning your deployment from Tripoli to Benghazi?
A: No, sir.
***
Q: How about the Embassy itself there in Tripoli, were they directing the deployment from Tripoli to Benghazi?
A: Not that I recall, sir.200
Earlier that day, and fortuitously, a CIA member of the team had brokered an initial agreement with the owner of an aircraft to charter the
aircraft as needed.201 During the morning meeting the CIA officer had
queried the operator of the aircraft as to How fast can you respond and
the
owner replied, I am not sure; probably within 24 hours.202
199
Testimony of Chief of Station, Central Intelligence Agency, Tr. at 112-13 (July 16,
2015) [hereinafter Chief of Station Transcript] (on file with the Committee).
200
Testimony of Special Operator, Defense Department, Tr., at 44-45 (Sep. 22, 2015)
[hereinafter Special Operator Transcript] (on file with the Committee).
201
Id. at 37.
202
Id.
I-67
Because of this, Team Tripoli was able to quickly secure the aircraft for
transport from Tripoli to Benghazi that night.
A: Called back again that night and said, We need you right
now, and he was there. He showed up.
Q: That was good timing, wasnt it?
A: It was good timing, sir, convenient. 203
***
Q: And how long did it take from the time that call was made to
the aircraft owner, what did he say about his ability to take off
from Tripoli to Benghazi? How long a timeframe do you recall?
A: I dont remember what time he said, but I know we had got
there around 11:30 or midnight, but he was ready to go when we
had gotten there. And they actually had expedited us through the
airport. We didnt go through anythe actual airport procedures.
We had weapons and ammo, obviously.
***
Q: And was there no limitation on daylight only flight ops with
this
, as I understand was the limitation on the Libyan
military C-130?
A: I dont think they could fly at night, but he could because he
was a privately owned company. The
was privately
owned.
Q: But your understanding was, at least with respect to the Libya
C-130
A: Daytime, sir.
Q: That was limited to daytime ops?
203
Id.
I-68
A: Yes, sir.204
At 12:30 a.m. [6:30 p.m. in Washington D.C.], the Team Tripoli departed
the Tripoli Mitiga Airport with four GRS officers, including former U.S.
Navy Seal Glen A. Doherty, two military personnel, and a CIA officer
acting as a linguist.205
The Defense Department is Alerted of the Attack
News of the attack traveled at varying speeds within the Defense Department. AFRICOM was the first combatant command to receive an
alert about the attacks. By 4:32 p.m. in Washington D.C. [10:32 p.m. in
Benghazi], news of the attack reached the Pentagon.
AFRICOM ALERTED OF THE ATTACK
Members within the AFRICOM command structure learned of the attack
just more than 30 minutes after it began. At AFRICOM headquarters in
Stuttgart, Germany, Vice Admiral Charles J. Leidig Jr., the second in
command for military operations, learned of the attack just over a half
hour after it began.206 He testified:
The night of the attack, when I received the initial report at my
quarters that night that there had beenI remember it exactly. I
got a report at [10:15]. I tell people I saw the same Indiglo
watch, and I was asleep in my bed. I went to bed, got up early,
and it was my routine. So at [10:15], I rolled over and got a report that the facility in Benghazi [had been overrun], but that
the Ambassador was in a safe room and was safe. And that was
the initial report I got at [10:15].207
Following notification, Admiral Leidig recalled his command center staff
and returned to work.208 Although the initial reports he received were that
204
Id. at 47-48.
See Dept of Defense, Timeline of the Department of Defense Actions on September
11-12, 2012 (May 1, 2013) (on file with the Committee) [hereinafter Dept of Defense
Timeline] (A six-man security team from U.S. Embassy Tripoli, including two DoD
personnel, departs for Benghazi); see also, Special Operator Transcript at 41.
206
Leidig 2014 Transcript at 20.
207
Id.
208
Id. at 26.
205
I-69
Stevens had been secured in a safe haven, he learned shortly upon returning to work that Stevens was missing.209
When I got to the command center, the focus was on where is the
Ambassador and trying to locate him. At that point I didnt know
where the location that folks had went to. I didnt know who
they were. I would later learn over the intervening hours that that
was some folks from [the annex] who had come to move State
Department personnel to the other facility. Again, it was several
hours before I knew what the facility was, or the location, or
where they were at. I just knew that they had moved to another
location, and the reports we were getting from most of our reporting at that point were coming from the defense attach, our
defense attach in Tripoliwas that they were safe, and they
were fine, and that they were at this other facility. Our focus was
trying to help gather information to see if we could locate where
the Ambassador was.210
PENTAGON ALERTED OF ATTACK
Almost an hour after the attacks started, at 4:32 p.m. in Washington D.C.
[10:32 p.m. in Benghazi], nearly the same time the Diplomatic Security
Agents and the Annex security team members began clearing the Mission compound in Benghazi half a world away, word of the attack finally
reached the Pentagon.211 Although the Embassy in Tripoli and the Diplomatic Command Center at the State Department in Washington received word almost immediately that the Benghazi Mission compound
was under attack, that notice did not make its way to the National Military Command Center, the operations center at the Pentagon, until 4:32
p.m. local time in Washington D.C.212 Vice Admiral Kurt W. Tidd, the
Director of Operations for the Joint Chiefs of Staff at the time of the attacks, testified his staff immediately alerted him about the attacks.213 His
209
Id.
Id. at 28.
211
Dept of Defense Timeline.
212
Dept of Defense Timeline; see SCC Timeline (indicating the Diplomatic Security
Command Center received notification of the attack at 3:49 PM EDT).
213
Testimony of Vice Admiral Kurt Tidd, Assistant to the Chairman of the Joint Chiefs
of Staff, Director for Operations (J3), Defense Department, Tr. at 8 (April 4, 2016) [hereinafter Tidd Transcript] (on file with the Committee).
210
I-70
staff simultaneously contacted AFRICOM to obtain additional information regarding the situation on the ground, while he notified members
of the Secretary of Defenses staff.214
ASSETS IDENTIFIED TO DEPLOY
As officials in Washington D.C. began to react to the attacks in Benghazi, it is important to describe and understand the assets available to respond, the state of those assets, and the militarys policies and planning
in force that applied to the assets use and deployment.
AFRICOMS Posture and Force Laydown on
September 11
In the days leading up to September 11, 2012, General Carter F. Ham,
the Commander of the United States Africa Command [AFRICOM]
conducted a deep dive into intelligence reports to guide their decision
regarding whether any adjustment to the force posture needed to be
made.215 Leidig testified:
[B]ased on General Hams guidance, we actually didwe had
beenthe military always does planning for September 11th. We
always know that theres a potential for, you know, some sort of
terrorist activity on September 11th since its anniversary. General
Ham had actually directed in the days running up to it that we do
what we call a deep dive or a deep look at the intelligence to see
if there was anything to indicated that there might be anything in
our [area of responsibility]. We found nothing in any intelligence
that would indicate that there was an attack or an incident being
planned by terrorists in our [area of responsibility].216
Although AFRICOMs area of responsibility consists of the continent of
Africa, with the exception of Egypt, its headquarters are based in
Stuttgart, Germany. With the exception of a contingent stationed in Djibouti, a country on the Horn of Africa approximately 2,000 miles from
214
Id. at 8-9.
Leidig 2014 Transcript at 22.
216
Id. at 22-23.
215
I-71
Libya, AFRICOM did not have assigned forces.217 As a result, AFRICOM had to use United States European Command troops, aircraft, and
bases in Europe including Ramstein, Germany, Sigonella and Aviano,
Italy, and Rota, Spain to respond to events occurring on the African continent.218
Planned Assets
FAST PLATOONS
The assets AFRICOM would mostly likely call upon in response to a
crisis situation were the Fleet Antiterrorism Security Team [FAST] platoons stationed in Rota, Spain. Those platoons were required to be ready
to deploy within a certain time frame. FAST platoons, as of September
2012, were typically used to reinforce embassy security and operated
from a fixed location within an embassy. FAST platoons did not deploy
with their own vehicles, so they were dependent on other means for
ground mobility. That reality made the FAST platoon less capable to rapidly respond as a quick-reaction force. Moreover, the FAST platoons
ability to move on a given timeline required the allocation of aircraft for
deployment in a timely manner.
At the time, FAST platoons did not have dedicated airlift. This meant
prior to being able to deploy, airlift would need to arrive from some other
location, most likely Ramstein, Germany, to pick up the platoon for an
onward deployment. The air base in Ramstein, Germany housed C-130s,
large transport airframes that typically would be used to move the FAST
platoons and associated equipment. In the days leading up to the attack,
none of the C-130s in Ramstein were on any heightened alert. To effectuate movement, the Commander of United States Air Forces in Europe
would need to take a series of steps to generate aircraft and prepare an air
crew for deployment.219
217
I-72
220
I-73
224
Leon E. Panetta, Worthy Fights: A Memoir of Leadership in War and Peace 225
(2014).
225
Repass Transcript at 8.
226
Repass Transcript at 8-9.
227
Repass Transcript 9.
228
Testimony of Brigadier General Scott Zobrist, Commander, 31st Fighter Air Wing,
United States Air Forces Europe, Tr. at 15 (March 12, 2014) [hereinafter Zobrist Transcript] (on file with the Committee).
229
Id. at 20.
230
Id. at 21.
231
Id. at 25.
232
Id. at 32.
I-74
training configuration which meant nothing was pre-loaded on the aircraft.233 This also meant any live ordnances available at Aviano were not
assembled, thus, prior to loading onto an F-16, the bomb had to be put
together piece by piece.234
In addition to the fact that none of the F-16s was on any alert status but
rather in a true training configuration on the anniversary of September
11, the distance between Aviano and Libya is approximately 1,000 miles
or the equivalent of two-hours flight time.235 Because of that distance,
an F-16 would have needed two air refuelings by the tankers that were
stationed nearly 700 miles away in Mildenhall, England at the time.236
These impediments to any fighter aircraft response from Aviano to North
Africa were well known prior to September 11. Yet the alert posture of
the aircraft at Aviano did not change in advance of that date, nor did the
alert posture change after the protests in Cairo, Egypt.
General Ham testified he had not ordered any fighter aircraft at Aviano
to be placed on alert in the days leading up to September 11 based on his
assessment of the threat intelligence and the probability the type of attacks that would most likely occur would be small scale attacks.237 Because of this, he believed if any attack were to occur, fighter aircraft
would not be the right tool to respond.238 Some other military officials
agreed with General Hams assessment that fighter aircraft would likely
not be the right tool to respond to potential events in North Africa.
REMOTELY PILOTED AIRCRAFT DRONES
At the time of the attacks, the Air Force operated four remotely-piloted
aircraftcolloquially referred to as dronesfrom a base in southern
Europe, approximately four hours from Benghazi. These drones were
flown by a United States Air Force squadron located in the continental
United States, and conducted missions over several countries including
233
Id. at 36.
Id. at 29-30.
235
Id. at 56.
236
Id.
237
Ham Testimony at 28.
238
Id.
234
I-75
Libya.239
None
of
the
drones
were
armed,
239
Testimony of Remotely Piloted Aircraft Pilot 1, United States Air Force, Tr. at 10-11
(May 25, 2016) [hereinafter Drone Pilot 1 Transcript] (on file with the Committee).
240
.
241
I-76
A: [W]e hadnt been armed in Libya since at some point after the
Qadhafi stuff had happened. So at some point after that, it was
we knew we were no longer going to be armed in that theater.
Q: How did you know that?
A: I dont remember who mentioned it, but I remember hearing
at some point that themy understanding of it was that the
[government hosting the drone base] did not want us flying an
unmanned aircraft that was armed over their country, so therefore they restricted us from having armed unmanned aircraft.
Q: And did you ever hear anything likewas that through your
chain of command or that was a fellow pilot?
A: My best guess would be that it was probably our operations
supervisor who basically runs the mass brief at the beginning of
each shift, you know, would have just mentioned one day: Hey,
due to, you know, the [government hosting the drone base] not
wanting us to have armed unmanned aircraft over their country,
were no longer going to be armed in Libya.242
One of the pilots added:
To the best of my knowledge, that is my understanding for what
the trigger was for no longer arming the remote-piloted aircraft
flying over Libya, was the takedown of Qadhafi.243
To utilize armed drones in a close air support environment, such as
in Benghazi, a pilot would typically receive targeting instructions
and clearance from a Joint Terminal Attack Controller [JTAC] on the
ground.244 One of the drone pilots explained:
In a close air support environment, which is more akin to what
[Benghazi] would be, thats where we would coordinate with a
joint terminal attack controller, JTAC, on the ground, and he
242
Testimony of Remotely Piloted Aircraft Pilot 2, United States Air Force, Tr. at 15
(May 25, 2016) [hereinafter Drone Pilot 2 Transcript] (on file with the Committee).
243
Drone Pilot 2 Transcript at 27.
244
Drone Pilot 2 Transcript at 25-26.
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247
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ya.251 During these operations, the drones were pre-loaded with missiles
while stationed in southern Europe and always carried weapons during
missions over Libya. At some point after the fall of Qadhafi, the drones
operating over Libya no longer carried missiles.
After the fall of Qadhafi, the Defense Department continued to use
drones and other ISR assets to gather intelligence information in Libya,
especially regarding the growing number of Islamic extremist in country.
In August of 2012, the Libyan government restricted the types of missions that could be flow in Libyan air space, primarily over Benghazi.
General Ham explained:
Q: General, in the summer of 2012, August timeframe, ISR missions over Benghazi and Tripoli were suspended due to complaints from Libyans. I believe those ISR assets were Predators
and they were under your command. Is that correct?
A: Yes.
Q: And what do you recall about the suspension or the complaints from the Libyans about those ISR assets operating in
Libya?
A: There were complaints by the Libyan Government to the Embassy about overflights.
.
Q: Did those complaints impact your ability to operate those
Predator assets at all during that time?
A: I do not recall the complaints about the unmanned systems. I
do recall complaints about the manned systems. And the manned
251
Testimony of Remotely Piloted Aircraft Sensor Operator, United States Air Force, Tr.
at 26 (June 9, 2016) [hereinafter Sensor Operator 1] (on file with the Committee).
I-80
252
253
I-81
means the only U.S. military asset to actually reach Benghazi during the
attacks was an asset the Secretary did not know about, was not told about
by his subordinates, and did not learn about until after the fact.
FOREIGN EMERGENCY SUPPORT TEAM
The Foreign Emergency Support Team [FEST] is the U.S. governments only interagency, on-call, short-notice team poised to respond to
terrorist incidents worldwide.254 Consisting of representatives from the
Defense Department and other agencies, FEST deploys overseas at the
request of the Chief of Mission or the State Department, and can augment both U.S. and host nation capabilities with specialized crisis response expertise.255 Historically, it has deployed overseas in response to
attacks on U.S. interests. For example, in 2000, after the USS Cole was
attacked, a FEST team was deployed to Aden, Yemen.256 Two years earlier, two FEST teams were deployed to Kenya and Tanzania. FEST has
also been deployed in response to a hostage-taking crisis and abductions
of Americans.257 Typically, the State Department requests deployment of
the FEST in conjunction with the Joint Staff. Once that decision is made,
the FEST is capable of launching within four hours.258
Despite all of these capabilities, the Secretary recalls no discussion of a
potential FEST deployment in response to the Benghazi attacks.259 Mark
I. Thompson, the person in charge of the FEST, contacted Kennedy
about deploying the FEST on the night of the attacks. According to an
email response sent to Thompson that evening, Kennedy did not feel the
dispatch of such a team to Libya is the appropriate response to the current situation.260 Charlene R. Lamb, Deputy Assistant Secretary for Diplomatic Security, State Department also did not believe the FEST was an
appropriate asset to be deployed that evening. Although in direct contrast
254
I-82
261
Transcript of Charlene Lamb, Deputy Asst Secy for Diplomatic Security, U.S. Dept
of State, Tr. at 26 (Jan. 7, 2016) (on file with the Committee).
262
Petraeus Transcript at 49
263
Id.
264
Tidd Transcript at 22.
265
Tidd Transcript at 23.
I-83
sarily constrained by the tyranny of time and distance. The CIF commander described the difficulties of responding to events in Africa:
So a lot of people that deploy to Africa or work on AFRICOM
work for AFRICOMuse the term tyranny of distance because it takes so long to move what could seemingly look like
smaller distances. And theres not a robust network of airfields
and staging points that there are, say, in a more developed area
of the world, like Europe. So Europe is a much smaller area, and
theres many developed airfields, fueling sites. Whereas, when
you have Africa, its, relatively speaking, much more undeveloped and exponentially times larger; so you are limited in your
ability to move around with fuel, with time. And we call it the
tyranny of distance because its hard to get from point A to
point B, and it takes a while.266
With respect to the response to Benghazi, the Secretary explained:
I knew it was going to take some time [to move an asset into
Libya], just because of the preparedness for the units and then
the time and distance involved. You know, youve heard the
term tyranny of time and distance, and its tough in this area.267
Tidd discussed the challenges faced to move forces as quickly as possible that night:
Q: Admiral, one of the lingering questions that we have been trying to get a handle on is why it seemed to take so long to get the
response forces off the ground. The FAST team was in Rota on a
[specific] timeline. They were ready to move prior to that. They
sat on the tarmac for about 6 hours before the planes got there.
A: That is because we had no alert aircraft in Ramstein. So, literally, it was the middle of the night there. And I dont know all of
the exact actions that they had to go to, but at Ramstein, they had
to go and generate the airplanes, get the air crews, wake them up,
266
I-84
brief them, tell them what we knew, and have the planes ready to
go. We did not have an alert posture set for the aircraft.268
***
Everybody wanted them there instantaneously. And we were getting a lot of questions . . Are they mov[ing] yet, are they moving
yet? It was just taking a long time.269
Dr. James Miller, the Under Secretary of Defense for Policy at the time
provided a civilians perspective on the logistical challenges faced by the
Defense Department that night in response to the attacks:
The logistical issues were the tyranny of distance and time, first
and foremost. So moving an asset from the [U.S.], the longest
move, moving the FAST team, getting it prepared to deploy
the FAST teams, I should say, both from Rotaand then the
EUCOM [CIF].
So there is, first, the distance to be traveled, the fact that it takes
time. Second, they need time to spin up. And I later became
deeply familiar with the various postures and so forth, but it is
challenging to sustain a very short timeline for an extended period of time. And so each of the individual units were talking
about had a specific timeline for readiness. My impression was
they were all working to shorten that timeline and to get prepared and to deploy even more rapidly than their timelines. But
that I would consider a matter of logistics as well.270
Several witnesses also talked about the logistical obstacles to deploying
F-16s in response to the attacks in Benghazi. Being able to deploy an
aircraft and being able to actually utilize an aircraft in response to the
events are separate questions. From the Defense Departments perspective, even if a F-16 was activated quickly and was able to fly to Benghazi
before the final mortar attack, logistical constraints would still have impacted the capability to actually utilize the F-16s that night. Admiral
268
I-85
James A. Winnefeld, the Vice Chairman of the Joint Chiefs of Staff discussed those constraints:
But lets say you could just snap your fingers and there were F16s suddenly over Benghazi immediately. Its the middle of the
night; theres no joint tactical air controller on the ground. You
dont even have any communications with the people on the
ground. You dont even know where this is happening. If youre
lucky and youve got a latitude and a longitude to point your systems at, you might be able to see the action going on on the
ground, if there was action going on on the ground, but for most
of the night there wasnt.271
Rear Admiral Richard B. Landolt, the Director of Operations for AFRICOM also explained the logistical and policy constraints of employing F16s in response to the attack:
A: You still have 3 to 4 hours of the flight time to get to, say,
Benghazi. And then you need to spin up tanker aircraft because it
cant do a round trip without them. And Admiral Leidig talked to
General Franklin on that, so there was nothing on strip alert there
in Aviano.
And tankers I believed were up in England, Mildenhall, I believe
***
Q: Were the F-16sperhaps dismissed isnt the right word,
butpick a better word if you have onebut were they dismissed because of the [time it would take to activate] issue, or
were they dismissed because there wasnt a viable mission for
you to employ them?
A: I would almost say both reasons, becauseyeah. So we spin
it up, what are we going to do with it? I mean, youve got to put
ordnance on it, youve got to refuel it, youve got to brief a mission. We dont know what the mission is. You know, this is an
271
I-86
272
I-87
an event going on, youre kidding yourselves. Its just too hard
to get there. Usually, an event is over fairly quickly, and even in
the best alert posture we can be in, its going to be a couple of
hours, two or three hours, before we can be someplace.
So what you should really be counting on is using these forces to
either preemptively reinforce an area, like an embassy, or
preemptively evacuate an area, like an embassy. Dont count on
us to drop in in the middle of the night and stop a situation thats
going on.
Now that wont prevent us from trying, certainly. If theres an
event in a place thatyou know, like a Benghazi and if were
postured in order to get there, well certainly try, well always
try, but Ive made it very clear to themand they understand
thisthat they need to be very careful in their risk assessments.
And its a lot easier to reinforce and get out early than it is to
save something thats under fire. And that has a lot to do not only with the tyranny of distance and how long it takes to get there,
but you know, its not easy to take a force and just drop it into
the middle of an unknown area at night, and its even harder
when youre under fire. You know, V-22s dont like to fly when
theyre under fire, that sort of thing. So weve tried to make it
very, very clear to [State], try, please, please, to do good risk assessment and evacuate or reinforce so that we dont have to rescue you in the middle of a firefight.274
The Presidents Directive and
The Secretarys Order
Just minutes after word of the attack reached the Secretary, he and General Martin E. Dempsey, Chairman of the Joint Chiefs of Staff, departed
the Pentagon to attend a previously scheduled 5:00 p.m. meeting at the
White House with President Obama and National Security Advisor
Thomas E. Donilon.275 The Secretary recalled two details about the attack on the U.S. facility in Benghazi: a building was on fire and Stevens
was missing.276 As the Secretary and Dempsey briefed the President on
274
I-88
the evolving situation in Benghazi, Libya, the Secretary recalls the following guidance:
The President made clear that we ought to use all of the resources at our disposal to try to make sure we did everything
possible to try to save lives there.277
Immediately following the meeting with the President, at roughly 6:00
p.m., the Secretary and Dempsey returned to the Pentagon and convened
a meeting that included Ham who was in Washington D.C. at the time,
and relevant members of the Secretarys staff and the Joint Staff.278
During the meeting, three distinct capabilities were identified to deploy
in response to the attacks in Benghazi: two FAST platoons, the CIF, and
the U.S. SOF, capable of response to crises worldwide.279 Again, the Secretary was not aware, and was not told, of any assets in Tripoli.
The Defense Department provided copies of maps identifying assets present in European Command, AFRICOM, and Central Commands areas
of responsibility on September 11, September 12, and September 13 to
the Committee. The assets identified on the maps were purportedly considered during this meeting, although the Joint Staff at the time did not
keep a daily updated list of assets and their locations.280 During its investigation, the Committee determined the maps failed to include assets that
actually were deployed in response to Benghazi. For example, a C-17
medical airplane was deployed to Tripoli on September 12 to evacuate
the wounded, deceased, and other American citizens. That asset was not
identified on the maps provided by the Defense Department to the Committee. Given this discrepancy, the Committee requested it confirm
whether there were any additional assets not identified on the maps or
any assets withheld due to special access programs restrictions. It did not
respond to the Committees request. This failure to respond unnecessarily and unadvisedly leaves questions the Defense Department can easily
answer, and it is in the public interest that it do so.
277
Id. at 24.
Id. at 22.
279
Id. at 24-25
280
See Winnefeld Transcript at 45.
278
I-89
281
I-90
287
I-91
293
294
I-92
.
***
.
***
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.295
As the Diplomatic Security Agents drove away from the Mission compound toward the Annex, they noticed they were being followed.296 The
individuals following the agents detoured to a warehouse in the vicinity
of the Annex near the parking area where attackers later staged the first
attack on the Annex.297 One Diplomatic Security Agent described what
happened when the team arrived at the Annex:
Finally, we were able to turn, kind of get off the main road there
where it was a lot quieter, and then we made our way to the Annex. Upon arrival at the Annex, you know, we pulled in, and
immediately people came out and I parked the car, got out of the
car, and you know, their eyeballs were about the size of saucers,
just seeing the car, and seeing us. And immediately, they brought
me into kind of a, you know, the kitchen area, which is where the
med area was. And they just started pumping me, you know,
with fluids, just chugging water, eating fruit, and my goal was
just to get back up on my feet, get back out and keep fighting.298
The team of five Diplomatic Security Agents arrived with Smiths body
at the Annex at 11:23 p.m. [5:23 p.m. in Washington].299
Back at the Benghazi Mission compound, the GRS team were no longer
facing direct fire. The GRS departed through the compounds main gate
and followed a different route to ensure no attackers were tailing them.300
295
I-94
I-95
305
306
Id. at 109.
GRS 1 Transcript at 94.
I-96
307
I-97
the east wall and unknown explosive impacts against the east side of the
Annex.313
After being repelled from the first assault, at 12:59 a.m. attackers were
still visible in the east field; however, GRS refused to fire on their location at this time because their position was too close to a residence where
a local family lived including children.314
The Second Attack on the Annex
After being overwhelmed in the first attack, the attackers regrouped with
a more aggressive second attack. At 1:10 a.m., this second attack was
directed at the Annex with a RPG striking Building 2.315 The second attack included even heavier sustained fire and a larger number of attackers.
Over the next five minutes, there was sustained and heavy small arms
fire from the east perimeter wall, small arms fire from the northeast corner, RPG strikes from the east field, and sustained fire.316 The attackers
retreated after taking heavy return fire from the Annex. One GRS agent
described this attack:317
Q: Okay. So the second attack, what happened?
A: It was a lot more force, lasted probably twice as long as the
first one. I got a little bit of shrapnel from something. I got a
bunch of shrapnel from the light. That was pretty much it. We
just repelled that one. And that was it until 5:15 when the mortars came in.318
313
Committee analysis of DVR Footage of the CIA Annex (Sep. 11, 2012, from approximately 0040 to 0052).
314
GRS 4 Transcript at 119-120.
315
Video: DVR Footage of the CIA Annex (Sep. 11, 2012, 0110).
316
Committee analysis of DVR Footage of the CIA Annex (Sep. 11, 2012, from approximately 0110 to 0115).
317
Committee analysis of DVR Footage of the CIA Annex (Sep. 11, 2012, from approximately 0110 to 0200).
318
GRS 1 at 97- 98.
I-98
319
I-99
A: I tried to get as much information from him as possible. Initially, he was coy, and he said several Americans, and I said,
okay, well, put them on the phone. And he said, well, theyre not
around me right now. And that was kind of odd. And I asked him
if they were injured or why cant you put them on the phone.
And eventually he said that, yeah, they are in the hospital, and
they cannot talk right now.320
The Chief of Station described learning about Stevens location.
Q: So at some point in the evening you learned the Ambassador
is probably not being held hostage, is probably deceased. Do you
remember about when that was and whathow you learned
that?
A: I learned thatso I had two telephones for the two different
Libyan cellular services. So I learned that from the Prime Ministers office representative who I was in contact with. He previously said: Oh, we believe the Ambassador is at a hospital, we
believe hes unconscious, we believeyou know, can I speak
with him? Oh, no. Ill try to get someone to speak with him. That
was that line.
And then I got indications from the Libyan intelligence service,
the Presidents office, and the charge or the DCM at about the
same time. We got indications at the same time base was getting
someone to go to identify a person because we had a base officer
in telephonic communication with someone that had the Ambassadors phone.
Q: Yeah.
A: So during that whole time we wereknew the Ambassadors
phone was located at that hospital. We had people telling us the
Ambassadors at that hospital. We didnt know the status of the
Ambassador, sobut all of those things happened within a relatively narrow timeframe. 321
320
321
Id.
Chief of Station Transcript at 122.
I-100
I-101
at the hospital.326 The Chief of Station added details about their concern
regarding the information they were receiving:
That whole atmosphere of getting drawn into that correspondence that our officer had with that individual who had the Ambassadors phone had a lot of the hallmarks of some type of entrapment. It wasnt straight up. It didntit wasnt: We have the
Ambassador here, you want to come and get him. It was much
more convoluted than that. So we were very leery ofthat was
just a very high security posture as we were going through. 327
Based on their coordination and planning prior to leaving Tripoli, the
Team expected to be met at the airport by elements of the Libyan Shield
militia. When they arrived, however, no one was present at the airport.328
One of the Team Tripoli special operators described what they encountered:
We didnt have a mode of transportation that was ours, so we
were depending on those local militias. So it took us that long to
find one that was capable of taking us into town. Again, initially
we were trying to go to the hospital, which we were all being
told, No, we cant take you to the hospital. We can take you to
the annex.
So that fight went on for a little while, with us thinking that he
could possibly be at the hospital needing medical care. So we
were pushing hard enough to go there that it prolonged our time
at the airport. Then once we found out he was deceased, we had
obviously gave that up, and they had no problem taking us to the
annex.329
While at the airport, Team Tripoli was alerted that Stevens
personal tracking devicewas pinging within
25 meters of their current location on the airfield.330
326
Id. at 55-56.
Chief of Station Transcript at 125.
328
Special Operator Transcript at 52.
329
Id. at 58-59.
330
Request 1-004067 IntBook 6-044.
327
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I-103
A: Yes.
Q: Can you elaborate on that?
A: It was unusual that somebody had some of the Ambassadors
belongings.
Q: Okay.
A: Especially his [personal tracking device]. I dont know if it
was his cell phone pinging, how they got the ping, or his personal [tracking device], but it was odd that they had some of his
equipment.331
For the next three-plus hours after their arrival in Benghazi, Team Tripoli
attempted to secure transportation from the airport to the hospital. Because Team Tripoli did not have full awareness of the local militias operating in Benghazi, nor relationships with local militias to contact for assistance, they relied on a Libya Shield official in Tripoli to vet the local
militia elements that showed up at the airport offering assistance. Much
of their time at the airport was spent identifying the least of several bad
options as it related to choosing a militia for transport.332 The Teams
Tripoli contact recommended seeking transport with another branch of
the Libya Shield as the branch prearranged to transport them never arrived.333 One Team Tripoli member stated:
Q: Did you have any sense during the 2 and-a-half hours that you
spent at Benina airport that you were being prevented from departing the airport? Could you have left at any time from 02 to
0430?
A: We didnt have a mode of transportation that was ours, so we
were depending on those local militias. So it took us that long to
find one that was capable of taking us unto town. Again, initially
we were trying to go to the hospital, which we were all being
told, No, we cant take you to the hospital. We can take you to
331
Testimony of GRS Tripoli, Central Intelligence Agency, Tr. at 32-35 (June 23, 2015)
[hereinafter GRS Tripoli Transcript] (on file with the Committee).
332
Special Operator Transcript at 56-57.
333
Id. at 57.
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334
Id. at 62-63.
Id. at 55.
336
Id.
337
Id.
338
Id. at 51.
335
I-105
339
Id. 69-70.
Id. at 70.
341
See Email from Cheryl D. Mills to Beth E. Jones et al. (Sep. 11, 2012 7:03 PM) (on
file with Committee, SCB0066272) (SVTC AT 7:30PM WITH WHITE HOUSE).
342
See id.
343
See id.
340
I-106
team from the Annex, survived the initial onslaught, located the remains
of their fallen colleague Smith, franticly searched for Stevens, escaped
under heavy gunfire from the Mission compound to the Annex, avoided
an ambush along the route, and arrived at the Annex only to withstand
and repel additional attacks there.344
Team Tripoli, after learning of the attack in Benghazi, quickly developed
a plan to render assistance, secured private aircraft in Tripoli, packed
gear, planned a mission, flew from Tripoli to Benghazi, and urgently negotiated with unknown militias seeking transportation to either the hospital or the Annex.
By stark contrast, in those same four hours, principals in Washington had
merely managed to identify forces that could potentially deploy to Libya
and convened a meeting to discuss those forces.
Despite the Secretary of Defenses clear directive and his intention that
forces would move and move quickly, no forces had yet moved. Over 13
hours after the attack began, the first forcethe farthest away
deployed. It would take nearly 18 hours for the FAST team to move, and
over 20 hours from the beginning of the attack before the CIF moved.
Forces are Spinning Up As We Speak.
Moments before the White House meeting began, Bash emailed several
people including Mills and Sullivan, notifying them of the assets the Secretary had ordered to respond to the attacks. He wrote:
After Consulting with General Dempsey, General Ham and the
Joint Staff, we have identified the forces that could move to
Benghazi. They are spinning up as we speak. They include a
SOF element that was in Croatia (which can fly to Suda [sic]
Bay, Crete) and a Marine FAST team out of Roda [sic], Spain.
Assuming Principals agree to deploy these elements, we will ask
State to secure the approval from host nation. Please advise how
344
Email to Victoria Nuland, et al. (Sep. 11, 2012 5:32 PM) (on file with Committee,
SCB0068365-67) (forwarding chain of emails regarding updates on the events in Libya).
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345
Email from Jeremy Bash to Jacob J. Sullivan (Sep. 11, 2012 7:19 PM) (on file with
Committee, STATE-SCB0060705).
346
Email from Jacob J. Sullivan to Jeremy Bash, et al. (Sep. 11, 2012 7:21 PM) (on file
with Committee, SCB0075439).
347
Panetta Transcript at 32.
348
Id. at 33.
349
Id. at 34.
350
Id. at 37.
351
Miller Transcript at 63-64. Miller testified he attempted to participate in the meeting
from his home, but was unable to connect to the call.
I-108
Purpose of Meeting
Despite the Secretarys expectation the assets he ordered to deploy would
move as fast as possible in order to respond, the individuals who participated in the White House meeting, nevertheless, felt the need to work
through the assets the Secretary had already ordered to deploy.352 At the
time of the White House meeting, the final decision about which assets
to deploy had apparently not been made, according to them, despite the
Secretarys recollection and testimony to the contrary. Tidd testified:
Q: And at the time of the meeting, what was the status of the assets that you all discussed? Were they preparing to deploy?
A: They were alerted. The final decision had not yet been made
definitively, as I recall, but we came out of that meeting basically: send everything.353
Tidd described the purpose of the meeting convened by the White House
as an opportunity to share information across the interagency.
It was an information exchange to cross-level what does everybody know, is there any new information. The intelligence
community was obviously providing information on other things
that were going on, other locations that State was providing information on, other embassies where they had concerns. FBI. It
was a general kind of a roundtable and round robin of everybody
going around and passing out what information they had, what
did they know. And then what were the asks. And then an opportunity for us to be able to say --- when we got to the military, we
talked about these are the type of forces that we can deploy, and
heres what we know, heres what we think, and heres what our
recommendations are.354
352
Email from Jacob J. Sullivan to Jeremy Bash, et al. (Sep. 11, 2012 7:21 PM) (on file
with the Committee, SCB0075439).
353
Tidd Transcript at 23-24; see also, Email from Jacob J. Sullivan to Jeremy Bash, et al.
(Sep. 11, 2012 7:21 PM) (on file with the Committee, SCB0075439) (We should work
through this issue in that venue.).
354
Tidd Transcript at 21-22.
I-109
Mills said essentially the same thing: [T]he [White House meeting] was
called because everyone was seeking both to exchange information and
figure out how to coordinate resources to support our team.355 Kennedy
said this about the White House meeting:
The [meeting] was mainly, to the best of my recollection, simply
a conforming of information, a sharing of information. Make
sure everybody had the same understanding and everyone was
doing whatever they could in their lane of responsibility to proceed.356
He elaborated:
Conforming, conforming means, in effect, reconciling. That I
have heard this, you have heard that, what have you heard? Trying to make sure that we all, meaning across the entire U.S.
Government, had the clearest coherent understanding of what
was going on in the fog of war.357
Winnefeld typically would have participated in the meeting that night.
However, after being notified of the attacks, he departed the Pentagon
that night to attend a dinner engagement. Despite not participating in the
discussion, Winnefeld explained why the White House meeting would be
called:
[W]henever something like this happens, whether its a hostage
rescue, or you name it, particularly an emergent event, theres
always a [meeting] like this, and there are a lot of really good
points brought up by interagency partners about considerations
andin stream. Theyre very useful events, and we can very
quickly resolve questions, like, does anybody have any objections if we sent forces into Tripoli? My supposition here is that
that was a very quickly resolved; nobody has objections.358
355
I-110
359
See Email from Jeremy Bash to Jacob J. Sullivan (Sep. 11, 2012 7:19 PM) (on file
with the Committee, STATE-SCB0060705).
360
Winnefeld Transcript at 84. Winnefeld further explained that had there been a disagreement the Secretary probably would have said: Look, get them moving anyway. And
then he would be on the phone with the White House. Id. at 79-80.
361
Email from State Dept Operations Ctr. Watch Officer, to P_StaffAssistants &
D(N)_StaffAssistants (Sep. 11, 2012 9:46 PM) (on file with Committee, C05562037).
362
Email to Harold Hongju Koh, et al. (Sep. 11, 2012 10:40 PM) (on file with Committee, C05528017) (There is likely to be a deployment very quickly, possibly this evening.).
363
Email from State Dept Operations Ctr. Watch Officer, to P_StaffAssistants &
D(N)_StaffAssistants (Sep. 11, 2012 9:46 PM) (on file with Committee, C05562037).
I-111
364
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366
Testimony of Defense Attach, U.S. Embassy Tripoli, Dept of Defense, Tr. at 113114 (Jan. 31, 2014) [hereinafter Defense Attach 2014 Transcript] (on file with the
Committee).
367
Id.
368
Id.
369
Id. at 114.
370
Defense Attach Transcript at 159-160.
I-113
CIVILIAN CLOTHES
A request for the FAST Platoon to wear civilian attire appears to have
generated from Kennedy during the White House meeting.371 Kennedy,
during his interview with the Committee was unable to recall when the
discussion regarding civilian attire was held that evening, but provided
the following information about the substance of the discussion:
[Y]ou wanted to make sure that the steps we were taking would
enhance the security of our personnel, not potentially diminish
the security of our personnel. Our personnel had been consolidated in Tripoli in one location, and all of them were there with
the multiplied security forces of both the prime building and the
Annex building. And I recall this discussion, generally speaking,
and it was determined that the delay was not going to be significant and it was better to have the forces arrive in civilian
clothes[.]372
Tidd elaborated on the State Departments request for the FAST platoon
to arrive in Libya in civilian clothing. He testified:
Again, like I said, they wanted to minimize the signature that
looked like a big military invasion, a big military arrival there.
And the reason that I remember the discussion was I had to go
back and find and make sure, as the FAST had moved out and
was waiting for lift, and the question that I had to go back and
ask AFRICOM was: in their rucksacks did they have civilian
clothes that they could put on, or was this going to entail having
to go back to their barracks and draw that equipment. They had
what they needed, and so they didnt have to go anyplace.
At the [White House] meeting, I couldnt speak for them. And I
wanted to go back and verify that. Because what I wanted to
know is: is it more important to get them there or to have the
371
See Email from Benjamin I. Fishman, National Security Council (Sep. 11, 2012 9:19
PM) (on file with Committee, SCB 000029-30).
372
Kennedy Transcript at 173.
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373
I-115
tacks, records obtained by the Committee reflect a different understanding by others on the night of the attacks.
One email that seems to indicate others may not have viewed the order as
being as clear and immediate as the Secretary recalled. It read in relevant
part:
Per Amb. Mull, ROUGH notes from the 1930 [7:30 p.m.] EDT
SVTC meeting:
Overall theme: getting forces ready to deploy in case the crisis
expands and a real threat materializes against Embassy Tripoli.
DOD will send the details to U/S Kennedy (i.e. plane numbers,
troop numbers, airfield support needs, etc.) for us to make requests to government of Libya (GOL).378
There were 10 Action items from the White House meeting:
The first two action items in that email were redacted and not provided to the Committee. The next three items read as follows:
3) Fleet Antiterrorism Security Team (FAST): about
Marines,
they need six hours to prepare. Theyre currently at the Rota Air
Base in Spain and will wait to deploy. Will not deploy until order comes to go to either Tripoli or Benghazi. We made a request that any deployments should be in plain clothes to avoid
any impression of a U.S. invasion of Libya.
4) Congressional angle: If any deployment is made, Congress
would need to be notified under the War Powers Act. Counselor
Mills is working with L and H on this and it may come through
Ops. Libya must agree to any deployment.
5) Efforts are continuing to locate Ambassador Stevens. A/S
Beth Jones will work to reach out to the hospital to confirm the
identity of the patient.379
378
Email from State Dept Operations Ctr. Watch Officer, to P_StaffAssistants &
D(N)_StaffAssistants (Sep. 11, 2012 9:46 PM) (on file with Committee, C05562037).
379
Id.
I-116
Phrases such as getting forces ready to deploy and forces will not deploy until order comes to go to either Tripoli or Benghazi do not reflect
an imminent deployment of the assets as ordered by the Secretary and as
he testified before the Committee.
The declarative Libya must agree to any deployment is also inconsistent with what the Secretary testified to and similarly inconsistent with
what the Secretary recalled President Obama telling him. At no point,
according the Secretary of Defense, did a U.S. response to the attacks in
Benghazi hinge on Libya agreeing with the actions ordered.380
Mulls summary of the White House meeting is, however, more consistent with Tidds recollection of the meeting.381
Another email regarding the meeting with the White House reads in relevant part:
All, I just got off a conference call with [State Department employee] who reported on a [White House meeting] this evening
concerning the violence against USG facilities and personnel in
Libya and Egypt, of which you likely have gotten separate notice. S[ecretary Clinton], Pat K[ennedy], and Beth Jones (possibly among others) attended for State. In short, there was a significant attack in Benghazi on the US consulate where the US Ambassador and 7 other USG employees were present[.]
There is likely to be a deployment very quickly, possibly this
evening, of forces to assist in Libya. Beth Jones is tasked with
seeking consent of the GOL asap for entry into the country. Options under consideration for the deployment include: (1) a
FAST team; (2) a [U.S. Based SOF] ; and (3) a Commanders Force. DOD indicated they would circulate additional information on the options/decisions in the morning and we will
need to be prepared to do a quick War Powers assessment and
probably report by COB tomorrow.
***
380
I-117
382
State Dept Email (Sep. 11, 2012 10:40 PM) (on file with Committee, C05528017).
Testimony of Jeremy Bash, Chief of Staff, Dept of Defense, Tr. at 98-99 (January 13,
2016) [hereinafter Bash Transcript] (on file with the Committee).
384
Email from Jeremy Bash, Chief of Staff, Dept of Defense, to Jacob Sullivan, Deputy
Chief of Staff for Policy, Dept of State (September 11, 2012 1919) (on file with Committee: STATE-SCB0060705).
383
I-118
385
I-119
I-120
ing how and where? At the time of the White House meeting, Sean Smith
was dead, Ambassador Stevens was missing, and the remaining State
Department personnel had to be rescued by the Team from the Annex
while sustaining gunfire en route back to the Annex. Moreover the second clause in that sentence references a real threat materializing
against Embassy Tripoli. The real threat at the time was and remained
in Benghazi.
Among the questions left even in the aftermath of investigating what
happened before, during and after the attacks in Benghazi is how so
many decision makers in Washington and elsewhere were unaware of the
Annex in Benghazi and how the Washington decision-makers expected
U.S. personnel remaining in Benghazi to evacuate or defend themselves
for a prolonged period of time without assistance.
The Orders: Prepare to Deploy and Deploy to an ISB
At 8:39 p.m., more than five hours after the attacks in Benghazi began,
and more than two hours after the Secretary gave his order to deploy the
Pentagon finally transmitted orders to the combatant commands regarding the FAST platoons, the CIF, and the U.S. Based Special Operations
Force.390 Specifically, the FAST platoons were ordered to prepare to
deploy.391 The CIF and the U.S. Based Special Operations Force were
390
Email from Tidd (Sep. 11, 2012 8:53PM) (on file with Committee, SCB 001376). See
also, Letter from Ashton B. Carter, Secy of Defense, to Trey Gowdy, Chairman, House
Select Committee on Benghazi, April 8, 2015, providing an explanation regarding the
unclassified timeline:
Has the U.S Department of Defense identified any information that would warrant any adjustments, correction or modification to the unclassified timeline it
provide to Congress on November 9, 2012?
One Point of clarification: the unclassified timeline has the SecDef Vocal Order
(VOCO) for moving response forces at 0000-0200. This authorization was relayed and recorded at 0239 for FAST and CIF and at 0253 for [the U.S. SOF].
This is not to imply that timing of the VOC as reflected in the unclassified
timeline is inaccurate, but rather that receipt of this vocal order at [sic] was at
0239 and 0253, respectively.).
391
Id.
I-121
ordered to deploy to an intermediate staging base.392 No asset was ordered to deploy to Benghazi.393
Tidd provided authorization for each of those forces to move in an email
transmitting the orders at 8:53 p.m. [2:53 a.m. in Benghazi]. The email
reads in relevant part:
discussions at Deputies, and followed up between [the Office of
the Secretary of Defense] and the Chairman
[The Secretary of Defense] has directed deployment of the CIF
to the [intermediate staging base] determined most suitable by
AFRICOM
[The Secretary of Defense] has directed deployment of the [U.S.
Based Special Operations Force] to the same [intermediate staging base] as the CIF.
[The Secretary of Defense] has directed FAST to make all preps
to deploy but hold departure until we are sure we have clearance
to land in Tripoli. Well work with State to nail that down, but
intent is to get security force augmentation into [Tripoli/Tripoli]
(not Benghazi, at least not initially) ASAP. Embassy making efforts to move all [American citizens] from [Annex] Compound
Benghazi to Tripoli, possibly using same [commercial] Air that
5-pax team arrived on.
***
Remember [the Secretary of Defense] holds final approval to deploy FAST, pending receipt of Tripoli country clearance. But the
point is to get the Marines on the ground securing the embassy in
Tripoli as rapidly as we can move them.394
Tidd testified about his email:
392
Id.
Id.
394
Id.
393
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395
I-123
398
Id.
Id. at 49.
400
Leidig 2014 Transcript at 64-65.
399
I-124
401
I-125
402
403
I-126
Q: You said that you were never given an execute order until later. Who provides that execute order?
A: Execute order comes from the Secretary of Defense. So we
were not given anthere was an order given to move forces to
Sigonella. There was never an execute order given to move those
forces into Libya.
Q: And when you received the execute order later on to deploy
the forces into Libya, the FAST platoon into Tripoli, and then
the C-17 to evacuate the medically injured, do you recall how
that order was conveyed?
A: Do you mean, was it verbal, or was it inusually in every
caseI dont know specifically for those, but normally its a
VOCO, a vocal command, followed up by a written command.
And so, in that case, it was probably both. It was probably a vocal command to get things moving, followed by a written command
Q: And do you
A:but I dont know for sure.
Q: And do you recall the timeframe for when you received the
vocal command to execute the movement of the FAST platoon
into Tripoli and the
A: No, I dont recall. Its on the timeline.
Q: Do you recall if it was before or after the mortar attacks occurred?
A: Oh, it was after.
Q: Okay. Thank you.
***
Q: And just to be clear for the record, prior to receiving the vocal
execute order, would you have
A: Which vocal execute order?
I-127
Q: For either of the assets that were deployed into Libya, the
FAST platoon or the C-17, did you have the authority to move
those assets into Libya prior to receiving that VOCO?
A: No. I wouldnt move those without awithout an order from
the Secretary or the Chairman. Theyre moving across COCOM
boundaries.
Q: Okay. Thank you.404
Hams recollection of the extent of the authority he had to move
forces that night differed from Leidig and differed from the email
Tidd sent to the combatant commands relaying the Secretarys order.
Q: Can you explain what he means by the [Secretary of Defense]
holding final approval to deploy FAST?
A: I think it means what it says. That is different than my recollection. Again, my belief is the Secretary had given authority to
me to do that. So I think this is the J3 issuing instructions, but
my recollection is different than what Vice Admiral Tidd has
written here.
***
Yeah. Right. The last sentence there I think is the important one.
***
A: But the point is to get the Marines on the ground securing
the embassy in Tripoli as rapidly as we can move them.
Q: Well, I think one thing that we would like to try to kind of
marry up is, even on the timeline, the orders that were given to
some of thespecifically the FAST platoon was a prepare-to-deploy order. And there has been testimony that a prepare-to-deploy order is different from a deploy order. Perhaps
404
Testimony of Vice Admiral Charles J. Leidig, Deputy Commander for Military Operations, US Africa Command, Tr. at 45-48 (Apr. 22, 2016) [hereinafter Leidig 2016 Transcript] (on file with the Committee).
I-128
you can provide us what the distinction is and how that played
out on this night.
A: I can try to explain the distinction between the two. A prepare-to-deploy order simply is notifying a force that you must be
prepared to deploy within a specified timeframe, so that you
have to adjust your activities, whatever they may be, your personnel posture, your readiness, your training, the prestaging of
equipment, depending on what the timeline is, so that you are
prepared to deploy on the designated timeline. This is not an uncommon occurrence.
***
And a deploy order simply says, Go now, or whatever the
specified timeframe is. So its prepare to deploy, I think I may
need you, so I want you to be ready. A deploy order says, I do
need you. Deploy.
***
So the three units that were of highest importance to methe
Commanders In-extremis Force, the Fleet Antiterrorism Security Team, and the [U.S.-Based SOF]all already had prepared
tomy understanding is all had prepared to deploy. They were
already on various timelines to deploy. So thats what I believe
their status was.
And my belief is thatand my recollection differs a bit from
what Vice Admiral Tidd saysthat when the Secretary made his
decisions, my understanding of that was that the Secretary of Defense was transferring operational control to me for those forces
for their deployment and employment.
Q: So if the Secretary of Defenses order was, in fact, prepare to
deploy and not deploy, was there an additional step needed to
bedid the Secretary of Defense have to do anything additional
to deploy those forces?
A: I dont know because Im not familiar with the specifics. Typically, in a prepare-to-deploy order, there is a designated official
who can order that unit to deploy. It doesnt always have to go
back to the Secretary of Defense. It could be a combatant com-
I-129
I-130
406
Id. at 93-94.
Tidd Transcript at 24.
408
Id. at 22-23.
407
I-131
409
I-132
410
Id. at 61.
I-133
I-134
it on, stood me up, and asked if I could walk myself over to the
ladder so he could tend to Tyrone and [Doherty], and I said,
yeah.
He had called for help on the radio, that we had wounded up
there. By the time I got over to the ladder, there was three guys
that had come up on the roof. I remember one later to find out it
was one of the TF or the task force guys. He asked me if I could
get off the roof.
I said, Yeah, Im going to have to because I knew they had to
tend to the guys up there. So I kind of put myself up on the parapet, hooked my good arm around the ladder, and kind of scooted
myself over. I ended up climbing down the ladder.
I come around past the swimming pool to the front, and thats
when I ran into [GRS Tripoli]. [GRS Tripoli] walked me in, laid
me down in the building, building 3, and he went backI think
at that time, he went back out to help up top. Everybody inside
was just kind of looking at me. I told them somebody needs to
cut my clothes off because I know Im bleeding from other spots.
case officer I was with earlier that night,
, asked me where the shears
were.
to cut my clothes off
with.
got those,
come back, cut my clothes off. I wasnt bleeding profusely from
anything else; I just had a bunch of little holes in me that were
kind of oozing blood. And later they came down. I think [GRS
Tripoli] came in and gave me an IV. They finally got [Diplomatic Security Agent 4] off, and that was pretty much the night
there. 411
As GRS agents on Building 3 fired back in response to the new attack, a
well-aimed mortar attack commenced on the Annex mortally wounding
Woods and Doherty, and severely wounding another GRS agent and one
Diplomatic Security Agent.412
411
412
I-135
413
I-136
I-137
419
Id.
Id.
421
CIA Document 1-004067 at 71.
420
I-138
422
423
I-139
***
Well, they actually put bathroom tile outside there, and so it was
real slick. He ended up falling on top of me, and I ended up hyperextending my leg to the rear. So now Im injured, so I drug
him out because we started getting hit by small arms fire. So I
dragged him around the corner. I started putting a tourniquet on
his arm. He was bleeding from his left arm. He had a hole in his
neck, and he had a hole in his chest.
So I put tourniquets on his arm and started patching up with the
help of others from the shrapnel wounds. And it seemed like
seconds later when I heard somebody say [GRS Tripoli] I have
another one for you. Thats when the second State Department
guy, [Agent 4] came down. And I pushed [GRS 2] up on to
the couch, and thats when [Agent 4] was there.
***
So I readjusted the tourniquet on his right leg, put another one on
his right leg, and ended up putting a tourniquet on his left arm
and packing his neck with combat gauze to help stop the bleeding. I ended up starting an IV on him. And then I went back to
[GRS 2], put an IV in him. Thats one of the State Department
personnelI dont know who it washad morphine, and I made
the call to give [Agent 4] morphine because he was in so much
pain he started pawing at the tourniquets and the gauzes, some of
the dressings I put on. And that seemed like seconds.
During this process is when
asked me to contact
Tripoli and give them a SITREP. Thats when I called Tripoli
[and] asked them for blood for [Agent 4] because I didnt think
he was going to make it much longer.
***
We had two severely injured, so I asked for blood, because I
thought our plane, the one we rented, had taken off already.
And then, right after that, I went back in, made sure both patients
were stable, and I worked on [Agent 4] more. I started another
IV because he had sucked that one down so fast. And thats
when I went outside, and the sun was actually up. I know it
doesnt sound significant, but it was to me because I really felt
I-140
with the sun up, it would give us time, room to breath, because
hopefully it would drive away the attackers.
I was still handling care of the patients And I was in the back
of the truck with the wounded GRS guy because I had nothere
was no more room to sit inside a vehicle, so we put a stretcher in
the back of a small truck. I jumped in the back with him and held
on to him, and we drove out the gate; and thats when we were
met by several gun trucks and militia that were there to escort us.
And we drove out, and it looked to be several militias or several
different groups because it looked like they were trying to determine which way they were going to go to the airport.
So there was a few minutes delay there before we actually started to drive towards the airport. And thats when we made it back
to the airport. And I loaded on a plane with the nonessential personnel, and the two wounded, and made it back to Tripoli where
we landed in Tripoli because the hospital was close to the Tripoli
airport.
***
I gave [Agent 4] another morphine on the plane. I adjusted [GRS
2] bandage. And then when I was moving [Agent 4] off the
planewe were bring him off without the stretcher because the
stretcher was so big and the plane was so smallhe stopped
breathing, so I had to give him CPR. Got him back breathing,
and thats when the State Department nurse met me on the plane
.
And then we loaded them on to an ambulance, and at that point,
the ambulance took them to Afia Hospital in Tripoli. And I went
back in a Suburban with all the other State Department personnel
and gear. And that was it. I received a call from the flight medic
from Ramstein, the military airlift, and I went over the view of
what I did and what I gave them as far as tourniquets, morphine,
and IV bags, how much, and the times and stuff. And that was it
in reference to my medical service.
Q: You said they asked if the patients were capable of going directly to Germany. Was that the request?
I-141
424
I-142
426
Id.
Email from Denis R. McDonough, Dep. Natl Security Advisor, National Security
Council, to Wendy R. Sherman, Under Secy for Political Affairs, Dept of State, et al.
(Sep. 11, 2012 11:45 PM) (on file with Committee, C05562167).
428
Id.
429
Id.
427
I-143
430
Email from James A. Winnefeld, Jr., Vice Chairman, Joint Chiefs of Staff, Dept of
Defense, to Benjamin J. Rhodes, Dep. Natl Security Advisor, White House, et al. (Sept.
12, 2012 1:40 AM) (on file with Committee, C05562167).
431
Id.
432
Id.
433
Special Operator Transcript at 68.
I-144
434
I-145
This commander referred Officer A to the National Police who the commander said was taking over their duties. Officer A described the National Police as next to helpless.440 An officer in the National Police
told Officer A Theres nothing I can do. I cannot continue to secure
the perimeter [of the Base].441
After some convincing by Officer A, the police officer referred Officer A
to a colonel in Libyan Military Intelligence.442 Officer A had never spoken to this individual before, nor was he even aware of Libyan Military
Intelligence. Officer A first had a conversation with this individual
around 4:30 am, and testified:
And I immediately made contact with this commander. He asked
how he could help, and I told him, again, our general location,
and I said, you know, we need you to come and secure this area.
He had an idea, at that point, of events happening in that part of
the city, and he told me that he would need to put a big force together, he cannot just come with one of hisI mean, like, two or
three vehicles, that he would need to put a large force together
and for me to give him some time to put that force together.443
Immediately after the mortar attacks, Officer A called the colonel back
and said We now really need you to come here.444 Within minutes the
50-truck force from Libyan Military Intelligence arrived and safely all
American personnel evacuated to the airport.
The group that ultimately came to the rescue of and facilitated the evacuation of the Americans in Benghazi was not the Libyan Government the
State Department had worked tirelessly to appease; nor was it the February 17 Martyrs Brigade, recommended by the Libyan Government and
contractually obligated to provide security to the Mission Compound.
Instead, the group that came to rescue the Americans that night, the Libyan Military Intelligence, was a group most U.S. Government personnel
did not even know existed. This group, ironically, had close ties to the
former Qadhafi regimethe very regime the United States had helped
440
Id. at 20.
Id.
442
Id. at 23-24.
443
Id. at 24.
444
Id. at 27.
441
I-146
remove from power. It was also this group, not groups previously given
credit by previous investigations, that came to the rescue of the Americans in those early morning hours likely saving dozens of lives as a
result.
It was the hard work and ingenuity of a single CIA case officer that located and developed this evacuation leada witness no other committee
of congress interviewed and a witness the CIA was reluctant to allow the
Committee to interview.445
Despite the assurance some principals in Washington had that U.S.
personnel in Benghazi were evacuating earlier, it was not until the rescuing convoy actually arrived to at the Annex that the evacuation of all
U.S. personnel was fully understood by those on the ground in Benghazi.
We lined up the trucks in order of movement. And then everybody that
was a non-shooter was in an up-armored vehicle, and all the shooters
were in thin-skinned vehicles to be able to shoot out of their cars.446 After loading into the available vehicles at the Annex, at 6:34 a.m. the majority of Annex personnel and all the Diplomatic Security Agents evacuated in the LMI motorcade.447
A few minutes later, two GRS and two CIA Staff officers evacuated the
Annex alone in a Toyota pick-up truck after an attempted destruction of
the CIA equipment.448 One CIA personnel described the actions he took
to destroy sensitive equipment.
Q: So you said the last four folks there was yourself, [GRS 5], it
was the chief of base, it was the GRS team lead. Did you see any
type of interaction between the GRS team lead and the chief of
base, any argument?
A: No, and actually I felt bad because once the stuff detonated
whew.
***
445
Id. at 25-28.
Special Operators Transcript at 71.
447
DVR Footage of the CIA Annex (Sep. 11, 2012, 0634)
448
Video: DVR Footage of the CIA Annex (Sep. 11, 2012, 0637)
446
I-147
449
Testimony of
, Central Intelligence Agency, Tr. at 61-64 (Jun 19, 2015) [hereinafter
Transcript] (on file with the Committee).
450
See, Dept of Defense Timeline.
451
Diplomatic Security Agent 3 Transcript at 170-172.
452
Dept of Defense Timeline (estimating the times of arrival and departure).
453
Dept of Defense Timeline.
454
Id.
I-148
455
Id.
I-149
I-150
I-151
A: No.
Q: So what did you expect it was going to take?
A: I knew it was going to take some time, just because of the
preparedness for the units and then the time and distance involved. You know, youve heard the term tyranny of time and
distance, and its tough in this area.
***
But I didntand I assumed these units moved as quickly as
possible and that, you know, we can get them in place as quickly
as possible, recognizing that there is a time element thats involved. And, you know, I understand the time element involved
here just because of the nature of moving the military.
I mean, as Secretary, I used to sit down with deployment orders
all the time of units. And you go through a whole series of discussions about, you know, units that have to be deployed. And,
normally, the timeframe to get these units deployedit takes
time. It takes time to put them on a plane. It takes time for them
to locate, I understand that. But when youre dealing with the
kind of elite units were talking about here, my expectation is
that they move as fast as they can.458
The Commander of the FAST platoon testified he first became aware of
the attack on the Mission compound in Benghazi through reports on Fox
News.459 At the time, the FAST platoon was stationed in Rota, Spain.
So, that evening, I recall I was actually talking to my dad on
Skype, watching the Armed Forces Network new channel, which
rotates through news affiliates, and I think it was Fox News that
night. And all of a sudden we see a consulate building on fire.
As soon as I hung up with him, I got on the phone with my
commanding officer, and we had a short talk . And he said
458
459
I-152
something more or less in the lines of, Make sure you do your
laundry and you got enough soap.
A couple of hours later, he was calling me, telling me he was going to go down to the commander of CTF 68, who is the higher
headquarters of FAST Company Europe, and that I needed to
start getting my Marines together. This was around midnight [local time in Rota, Spain], so it would be on September 12.
Around midnight is when my platoon sergeant and I initiated the
recall.
***
Q: Lets back up a little bit. In terms of the Rota Naval Station,
were there any air assets typically stationed at Rota?
A: No, sir. No. What we always planned upon is primarily aircraft coming from Ramstein, because thats where the preponderance of Air Force C-130s were[.]460
Almost three hours after the FAST Platoon Commander initiated the recall order, which required his Marines to return to base, he received official notification at 2:39 a.m. [8:39 p.m. in Washington D.C.] the platoon
was activated and he was to prepared to deploy.
Q: When did you receive VOCO [vocal order] or a warning order that the FAST platoon was going to be mobilized?
A: Around 0230 is when we got the official notification. So that
was our official [redacted]. We already had some lead-in to it,
obviously.
***
Q: was it at 0239? Does that sound familiar?
A: Yes, sir.
460
Id. at 27.
I-153
***
Q: What were your specific orders at that time?
A: Prepare my platoon to deploy to Libya. We didnt know
where exactly we were going, but we knew through open media
sources of what was going on on the deck.
At that time, we started to make contact with the embassy to gain
S[ituational] A[wareness] of what was happening and what our
potential mission would be.461
Three hours after he received official notification, at 5:45 a.m. local time
[11:45 p.m. in Washington D.C.], the FAST Commanders platoon was
prepped and ready to deploy.
Q: When was your platoon packed out and ready to get on a
plane?
A: I believe it was around 0545. I know it was before 6.
Q: Obviously your company commander is aware of that.
A: Yes, Sir
Q: Did they notify anybody up the food chain that at 0545 youre
ready to go?
A: Yes, sir.462
Yet another six hours would elapse before C-130s arrived in Spain to
transport the FAST Platoon to Libya. General Philip Breedlove, the
Commander of the United States Air Forces in Europe which is the component command which owned the C-130s used to transport the FAST
Platoon, told the Committee he began generating C-130s on his own initiative after learning about the attacks in Benghazi.463 Breedlove said re-
461
Id. at 31-32.
FAST Commander Transcript at 40.
463
Breedlove Transcript at 21.
462
I-154
peatedly his C-130s were ready to deploy before he received official notification of deployment.464
The C-130s arrived six hours later, and the FAST Platoon loaded its gear
within an hour.465 Yet, another three hours would elapse before the FAST
Platoon departed for Libya.466 The FAST Platoon commander explained
the cause of the delay:
A: After we were loaded, which was around [1:00 p.m. local
time], so about an hour after the C-130s were there, we still did
not lift off until [4:00 p.m. local time] was when the first aircraft
took off.
***
Q: Why was there another delay to get off the ground?
A: So we were told multiple times to change what we were wearing, to change from cammies into civilian attire, civilian attire into cammies, cammies into civilian attire.
There was also some talk of whether or not we could carry our
personal weapons. I was basically holding hard and fast to the
point where we were carrying our personal weapons. Like,
weve got a very violent thing going on the ground where were
going, so were going to be carrying something that can protect
ourselves.
But as far as what the Marines were wearing, that continually
changed, and we had to make those changes inside of the aircraft.467
In fact, the FAST Platoon commander testified that during the course of
three hours, he and his Marines changed in and out of their uniforms four
times. Ham was not aware the FAST Platoon had been directed to
464
Id.
FAST Commander Transcript at 39-41.
466
Id. at 41.
467
Id. at 40-41.
465
I-155
change out of their uniforms until after the fact.468 When asked whether
he had any explanation for why it took so long for the FAST Platoon to
arrive in Tripoli, he replied, I do not.469
Although Dempsey told the U.S. Senate that once forces began moving,
nothing stopped us, nothing slowed us, it appears the U.S. Militarys
response that night was delayedbecause it started too late.470
Diplomatic Clearance
On the ground in Tripoli, the Defense Attach had already begun working to obtain flight clearances from the Libyan government before the
White House meeting began.471 Initially, he notified the Libyan government of a potential request for flight clearances as the night progressed.472 Because he had given advance notice to the Libyan government potential flight clearances would be needed, he fully expected the
Libyan government to approve any formal request when it was made. He
noted, however, that to submit a formal request, specific information
about the tail numbers, expected arrival of the aircraft, the number of
personnel, and types of weapons had to be conveyed to the Libyan government.473 Not only did a formal request have to be made, a representative of the Libyan government had to be available to receive the paperwork for the request. There was no Libyan representative on duty overnight.474 As to when formal approval was received, the Defense Attach
testified:
Q: Can you recall when the actualthe relevant information that
was needed, like tail numbers and things, when was that transmitted to the Government of Libya?
A: I dont. But I would also come back to the fact that we had a
green light from the Government of Libya to bring it in. It was
468
I-156
just a question of when we were going to know the specific information that goes into a standard flight clearance request. So it
had to have been, I would say, sometime midmorning to noon on
the 12th. It could have been, I would say, sometime midmorning
to noon on the 12th. It could have been a little bit after that.
Q: And thats when you received the relevant information you
need to pass on, or what happened?
A: Probably both. In the course of the morning, leading up to the
afternoon, we got the information we required, and then we were
able to subsequently transmit it to the Libyans.475
An email from Winnefeld corroborates the Defense Attachs recollection that the final relevant information needed to obtain host nation approval was received sometime mid-morning on September 12th. In Washington, at 1:40 a.m. [7:40 a.m. in Libya] on September 12th, Winnefeld
wrote, Understand we now have dip clearance for the FAST platoon in
Tripoli.476 At least six hours had transpired between the time the Secretary ordered the deployment of forces and the Libyan Government approved deployment of those forces into Libya. Prior to this approval, no
forces had begun moving.
Winnefeld did not believe the timing of host nation approval from the
Government of Libya prevented forces from moving.477 Rather, from his
perspective, what most impacted the ability of the forces to move was the
availability of airlifts coming from Ramstein, Germany.478 Notably,
Winnefeld stated one lesson learned that night was the need to synch
up force deployment timelines with airlift availability timelines.479 Nevertheless, the question still remains if the request for host nation approval
from Libya was merely pro forma and did not delay deployment of forces, why did the forces not move until approval was obtained?
475
Id. at 159-160.
Email from Admiral James Winnefeld, Jr., Vice Chairman of the Joint Chiefs of Staff,
Dept of Defense, to Denis R. McDonough, Deputy Natl Security Advisor, White
House, et al. (Sept. 12, 2012 1:19 AM) (on file with Committee, C05562167).
477
Winnefeld Transcript at 51.
478
Id. at 90.
479
Id. at 30.
476
I-157
480
See Dept of Defense Timeline ([At 7:57 PM EET t]he EUCOM special operations
force, and associated equipment, arrives at an intermediate staging base in southern Europe).
481
CIF Commander Transcript at 58-59. Some forces that are required to move within a
pre-determined timeframe operate with a notification hour or N-hour. The N-hour is
the established time that essentially starts the clock ticking for when the forces are required to be airborne.
I-158
482
I-159
Q: Do you recall any efforts to try to coordinate back with SOECUER headquarters to say, Hey, is there an N Hour Sequence
in effect?
Were you tracking an N Hour sequence of any type or was it
more of a deliberate deployment sequence?
A: I was trackingfor me, as a ground assault force, the second
I heard what was going on, that was kind of what I was tracking.
And we moved as quickly as we could. And once we found out
that the crisis was not what it was originally articulated in terms
of a U.S. Ambassador or any Am[erican] cit[izen] missing, and
that he was killed and nobody wasthat crisis was no longer occurring as originally discussed, then it became deliberative.
So from my perspective, at that point the crisis was no longer
ongoing and it was more of a deliberate process. So the N Hour
sequence, I hate to use the term irrelevant, but I didnt know
what my mission was going to be if there wasnt a crisis that we
were prone to look at.487
In support of its training exercise, the CIFs two C-130 aircraft were located in Croatia.488 Based on reports regarding the attack in Benghazi,
and well before receiving an order to deploy, at approximately midnight
local time [6:00 p.m. in Washington D.C.] the commander of the aircraft
placed his pilots and air crews in crew rest in anticipation of a potential
mission.489 Crew rest is typically a 12-hour period in which the pilots
and air crew rest prior to engaging in a mission. The 12-hour period can
be waived to eight hours (or more in exigent circumstances). General
Repass, the SOCEUR Commander waived the crew rest to eight hours in
order to facilitate the CIFs movement to the intermediate staging base at
Sigonella, Italy.490
487
Id. at 77-78.
Repass Transcript at page 29.
489
Id. at 49.
490
Id. at 62.
488
I-160
491
I-161
Ham disagreed that the CIFs sole role became to prepare for the U.S.based Special Operations Force. He testified:
Q: Did you anticipate as you did your planning that the Commanders In-extremis Force was going to be relegated to being
nothing more than enablers for the National Mission Force?
A: In my view, thats an incorrect characterization of the Commanders In-extremis Force.
***
Q: [W]hat would be a more accurate characterization?
A: Mr. Chairman, in my view, the Commanders In-extremis
Force, again, these are specially trained, equipped, prepared
forces that can, as the name implies, conduct missions in extremis.
I-162
And Im just wondering whether or not you agree that, once both
of those assets are put in placethe [U.S. SOF], its headed, its
got a longer travel time than the CIFthat the CIFs job was to
go to the ISB and await the [U.S. SOF]?
A: Mr. Chairman, I would say that that was one of their missions, certainly, to facilitate the arrival and the staging of the
[U.S. SOF]. But, in my mind, that was an operational force that
was available to me, a highly capable special operations force
that was available.496
Even still, Ham believed the CIFs failure to meet its timeline was not
justified and was inexcusable.
Though I know now in hindsight that had the CIF made its timelines, they would not have been in position to affect the outcome
as things eventually played out on the ground, the reality is, they
should have made their timelines. And thatstheres no excuse
for that. They should have made their timelines. They should
have been postured for subsequent use. As it turns out, they
would not have been needed, but we didnt know that at the time.
So that, as I look back on this, the disappointment of the Commanders In-extremis Force not meeting its timeline is, to me,
significant, and I believe the steps taken by the command and by
the Department of Defense after that have addressed that situation.497
The Secretary had this to say about the CIFs deployment timeline:
Q: Well that same unit then had to wait for aircraft till about if
you look at the timeline here, 10:21 a.m.
So that N-hour that was set at 11 oclock east coast time on the
night of the 11th, it was not until 11 hours later that EUCOM CIF
was actually transported down to Sigonella from Croatia.
Does that timeframe seem reasonable to you, given what you
thought might be occurring in the region?
496
497
I-163
A: I think its a legitimate area to ask why did it take that long.498
PROBLEMS WITH US SOF DEPLOYMENT
The U.S. SOF force is required to deploy within a specific number of
hours after the order to deploy is given. As reflected in the Defense Departments timeline and after-action reviews, it actually took a significant
amount of additional time to launch the U.S. SOF. Even given this delay,
the U.S. SOF Force, which deployed from the United States, arrived at
the staging base in Southern Europe only an hour and a half after the CIF
arrived.
By the time CIF and the U.S. SOF Force landed at Sigonella, the crisis in
Benghazi had ended. In fact, the units arrived in Sigonella nearly 12
hours after all U.S. personnel had evacuated from Benghazi. The assets
ultimately deployed by the Defense Department in response to the Benghazi attacks were not positioned to arrive prior to the final lethal attack
on the Annex. The fact that this is true does not mitigate the question of
why the worlds most powerful military was not positioned to respond;
or why the urgency and ingenuity displayed by team members at the Annex and Team Tripoli was seemingly not shared by all decision makers
in Washington.
What was disturbing from the evidence the Committee found was that at
the time of the final lethal attack at the Annex, no asset ordered deployed
by the Secretary had even left the ground. Not a single asset had
launched, save the military personnel from Tripoli who did so on their
own accord and whose presence no one in Washington seemed aware of
when discussing which assets to deploy. Nothing was on its way to Benghazi as a result of the Secretarys initial order to deploy.
More than 12 hours had passed since the first attack happened at the
Mission compound resulting in the death of Sean Smith (which was
known) and Ambassador Stevens (which was not then known), yet in
that time, the greatest military on earth was unable to launch one single
asset toward the sound of the guns.
498
I-164
The CIFs response timeline and the U.S. SOFs timeline exposed flaws
in a process designed to ensure that when a crisis erupts, the militarys
decision and deployment cycles will prove adequate to the challenge being confronted.
The U.S. Governments Response lacked a Sense of Urgency
Perhaps given the timing of the 7:30 p.m. meeting with the White House
on September 11, shortly after all surviving State Department personnel
had evacuated from the Mission compound to the Annex, there may have
been a sense the worst of the attack was over. Indeed,Winnefeld stated
when he was first briefed around 4:30 p.m. about the events in Benghazi,
he recalled being told there had been an attack and the attack was over.499
The job left to be done was no longer a hostage rescue situation but was
at best, recovering Stevens from a hospital and, at worst, recovering Stevenss remains.
This sense, in fact, was false and should have been viewed as limited, if
not false, at the time. As the participants of the White House meeting
would soon learn, events were continuing to unfold on the ground in
Benghazi. Those leaving the Benghazi Mission compound were attacked
and ambushed in route to the Annex and once the Diplomatic Security
Agents and Team Annex arrived at the Annex the attacks continued.
Moreover, preparing for what could theoretically happen in Tripoli, or
other cities and facilities was understandable. However, the lack of urgency in responding to what was actually happening on the ground in
Benghazi is difficult to reconcile.
Some may seek to argue a transferred focus onto Tripoli may explain
why such topics as military attire, vehicles, and country clearances
topics that may seem irrelevant in a crisis situationfound their way into
the discussions, and why other topics, such as deployment of the FEST,
received short shrift. This belies the reality thateven as Bash indicated
the assets were spinning up and the ensuing meeting took place
Ambassador Stevens was missing in Benghazi. There is no evidence
news of his death had reached Washington D.C. Indeed news of his death
could not have reached Washington D.C, because it was not known at the
time. So pivoting toward a Tripoli security analysis and the possibilities
499
I-165
of unrest and violence there is hard to reconcile with the reality of what
had happened in Benghazi, what was currently happening in Benghazi
and tragically what was soon to happen in Benghazi.
With the storming of the compound in Benghazi, the killing of Smith,
and Stevens missing, discussing the nature of the vehicles to be used and
the clothing to be worn by those seeking to provide aid seemed to place a
disproportionate emphasis on how the Libyan government might respond. After all, the Libyan government was supposed to play an active
role in preventing the attack in the first instance and certainly in responding afterward.
In addition, a fair review of reads out and summaries of the White House
meeting suggest the focus had already moved away from responding to
Benghazi and toward responding to Tripoli and the broader region. Expressing concern about how forces might be received in Tripoli seems
difficult to reconcile with an actively hostile security situation ongoing in
Benghazi.
The U.S. Governments Response Lacked Leadership
THE DEFENSE DEPARTMENT THOUGHT
STATE WAS EVACUATING THE AMERICANS IN BENGHAZI
The response to the attacks suffered from confusion and misinformation
circulating between the agencies underscoring that no one effectively
took charge of the U.S. Governments response the night and early morning of September 11-12. From the Defense Departments perspective,
when the orders were issued, the plan on the ground was for the people
in Benghazi, with the assistance from Team Tripoli, to make their way
back to Tripoli. It would provide assets to augment the security in Tripoli
where needed, and provide evacuation of the wounded and deceased.
Several witnesses indicated that despite the Secretarys orders, the plan
was not to insert any asset into Benghazi; their understanding was that
assets needed to be sent to Tripoli to augment security at the Embassy,
and that the State Department was working to move the State personnel
from Benghazi to Tripoli.
Tidd confirmed this understanding of the response plan following the
7:30 meeting with the White House:
By the time we came out of the [White House meeting], it was
pretty clear that nobody was going to be left in Benghazi. And so
I-166
500
I-167
One member of Team Tripoli also testified the plan, as he understood it,
was to evacuate all non-essential personnel to Tripoli.504
Yet several other witnesses believed a very different plan was in place:
No one was evacuating until Stevens was found.505
The Defense Department was working off of the premise everyone in
Benghazi was being evacuated, others were clear that no one was leaving, and even State Department senior officials did not authorize the Diplomatic Security Agents to evacuate until Stevens was found. The Committee was also struck by the sheer number of government officials involved in the decision making the evening/early morning hours of September 11-12, who did not even know there was a separate U.S. facility
in Benghazi referred to as the Annex or where the Annex was.
The first time it is clear all agencies understood the people in Benghazi
were evacuating to Tripoli was after the final, lethal mortar attack at
11:15 p.m. in Washington D.C., [ 5:15 a.m. in Benghazi]and over seven hours after the initial attack.506
The lack of clarity on evacuation versus location of the missing Ambassador was not the only example of conflicting and confusing directives
during the attacks and aftermath in Benghazi.
The issue of military attire versus civilian clothes illustrated no one
seemed to be taking charge and making final decisions. After the State
Department request at the 7:30 p.m. White House meeting, the Defense
Department began working the issue. Documents from the Defense Department show, and the FAST Platoon Commander testified it was well
into the next afternoon on September 12th before the final decision was
made. He testified further the Marines changed in and out of uniform and
civilian clothes several times because the orders kept changing.
504
I-168
507
I-169
508
509
I-170
510
511
I-171
Two hours after this initial attack began, the Secretary had (1) met with
the President and (2) been given all of the authority he believed he needed to use all of the resources at our disposal to try to make sure we did
everything possible to try to save lives there.512
Three hours after the initial attack began, Bash emailed senior leaders at
the State Department to inform them of the assets that could be deployed
in response to the attack.
Five hours after the initial attack began, formal authorization to deploy
the assets was issued.
Instead of setting the N hour at the time the Secretary of Defense gave
his order before the Bashs email, or even setting the N hour at the time
orders were issued to the forces at 8:39 p.m., the Joint Staff coordinated
with the U.S. SOF force to ask, what would you like to set as N
hour?513
Given the urgency of the Secretarys intended deployment of these units
and particularly in light of what was continuing to happen in Benghazi,
this cannot be justified, particularly since it was already known the likelihood of further unrest in the region was significant.
N hour was ultimately set at 11:00 p.m.more than seven hours after the
attacks in Benghazi began, more than four hours after the Secretary gave
the order to deploy the forces, and more than two hours after that order
was finally relayed to the forces. Though, Petraeus quipped to the Committee, N hour has nothing to do with this whatsoever, with great respect. That is completely irrelevant[,] the setting of the N hour was
symptomatic of a larger lack of urgency in responding to the situation on
the ground.514
Almost six hours after first learning of the initial attack on U.S. facilities
in Benghazi, no asset had been deployed to Benghazi or Tripoli. Moreo-
512
I-172
ver, no asset ordered by the Secretary was even moving toward Benghazi
or Tripoli aside from military personnel in Tripoli who mustered the ingenuity, courage, and resolve to ferry themselves toward danger. At the
White House, McDonough knew at 11:45 p.m. the situation in Benghazi
remained fluid, Stevens was still unaccounted for, and one State Department officer had been killed. He included this in his 11:45 p.m. email
on September 11.
Despite the fact that more than six hours had lapsed between the time the
first attack was known and the time of this email, McDonough was still
speaking of assets deploying rather than assets deployed. If there is
evidence McDonough placed calls or sent emails inquiring about the status of the deployment, the White House has not shared that evidence
with the Committee. Rather, what was learned is McDonough made
mention of calling YouTube to request the taking down of two videos
and he references having had the Secretary call Pastor Jones to ask him
to pull down his video. Why McDonough had time to concern himself
with You Tube videos while an Ambassador was missing and unaccounted for remains unclear. And why the Secretary of Defense was used
to call You Tube and a pastor about a videothat had not and would
not be linked to the attacks in Benghazirather than inquiring about the
status of the asset deployment he ordered five hours earlier is also unclear.
What is clear is the United States Government sent personnel into a dangerous post-revolution environment in Benghazi, Libya. Those sent displayed heroism and valor. They also displayed a sense of urgency in discharging the mission assigned to them. Chris Stevens had the urgency to
travel to Benghazi because decisions needed to be made before the end
of the fiscal year. Chris Stevens felt the urgency to assign himself to cover a one-week gap in the Principal Officer position in Benghazi.
Those Americans assigned to work at a nearby Annex had the sense of
urgency to fight their way onto the Benghazi Mission compound because
a sister U.S. agency was under attack. Diplomatic Security Agents had
the urgency to return time and time again into a burning building in
search of Smith and Stevens. Diplomatic Security Agents and the team
from the Annex no doubt felt the urgency when they fought their way
from the compound to the Annex overcoming point-blank machinegun
fire and grenade attacks.
Team Tripoli sensed the urgency of what was happening in Benghazi and
negotiated for private aircraft to race toward the danger in defense of
I-173
fellow Americans. Tyrone S. Woods and Glen A. Doherty felt the urgency of defending a second U.S. facility against a series of coordinated attacks before ultimately being killed by precision mortar attacks.
There was life and death urgency felt in Libya with split-second decisions being made: do I fire on this crowd or not? Do we fire in the direction of a residence or not? Do we return to a smoke and fire engulfed
building yet again in search of fallen colleagues? Do we go to the hospital to find Stevens or to the Annex? How do we fly from Tripoli to Benghazi?
If that same degree of urgency was felt among the decision makers in
Washington it is not reflected in the time within which decisions were
made nor in the topics being debated in and around the deployment.
The tyranny of time and distance may well explain why no U.S. military assetsave the bravery of the men serving in Tripolimade it to
Benghazi. It does not explain why no asset was even headed toward
Benghazi. The tyranny of time and distance does not explain why
Washington D.C. leaders were preoccupied with ancillary issues when
they were responsible for sending our fellow Americans into harms way
in the first instance.
Half of the action items that emerged from the White House meeting
convened in response to the killing of an American Foreign Service officer and an attack on an American diplomatic facility related to a video.
Half. There is more of a record of phone calls from White House officials to YouTube and a virtually anonymous pastor than there were
calls imploring the Defense Department to move with greater urgency.
The preoccupation the administration felt with safeguarding the feelings
of the Libyan government and dealing with an anti-Muslim video (which
video prompted no change in force posture or readiness even after protests erupted in Cairo) is a foreshadowing of what would become an administration wide effort to conflate that same video with the attacks in
Benghazi.
1
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Chelsea
Clinton (Diane Reynolds) (Sept. 11, 2012, 11:12 PM) (on file with the Committee,
C05795467).
2
Email from U.S. Dept of State, to S_CallNotes, (Sept. 12, 2012, 7:11 PM) (on file with
the Committee, C05561911).
3
Email from Benjamin J. Rhodes, Deputy Natl Security Advisor for Strategic Communications, Natl Security Council, to Dagoberto Vega, Special Asst to the President and
Dir. of Broadcast Media, White House, et al. (Sept. 14, 2012, 8:09 PM) [hereinafter
Rhodes Memo] (on file with the Committee, C05415285).
II-2
April 6, 2012: Improvised Explosive Device [IED] attack on the State Department facility in Benghazi;
Fox News Insider, Father of Benghazi Victim Reveals Journal Entry Documenting
Meeting With Hillary, YOUTUBE (Jan. 13, 2016),
http://www.youtube.com/watch?v=dMx0huMabos.
5
This deteriorating security environment is discussed in detail in Section III of the report.
6
Memorandum from James Bacigalupo, Regional Dir. of the Near East Asia Bureau of
Diplomatic Security, U.S. Dept of State, to Charlene Lamb, Deputy Asst Secy for Diplomatic Security, U.S. Dept of State (June 15, 2012) (on file with the Committee,
C05578316).
7
Email from Diplomatic Security Agent 24, U.S. Dept of State, to Diplomatic Security
Agent 25, U.S. Dept of State (June 14, 2012) (on file with the Committee,C05388987).
8
Id.
9
Id.
II-3
10
Testimony of [Agent 1], Diplomatic Security Agent, U.S. Dept of State, Tr. at 49-50
(Mar. 6, 2015) [hereinafter [Agent 1] Testimony] (on file with the Committee).
11
Matt Smith, Ex-SEALs, Online Gaming Maven among Benghazi Dead, CNN (Sept. 13,
2012, 8:53 PM), http://www.cnn.com/2012/09/13/us/benghazi-victims/.
II-4
It was against this backdrop that the September 11, 2012 attacks against
U.S. facilities in Benghazi took place.
THE PROTESTS IN CAIRO
In Cairo, Egypt earlier that day, approximately 2,000 protestors demonstrated outside the U.S. Embassya protest that began in the middle of
the day. 12 A handful of protestors scaled the embassy wall, tore down the
American flag, and sprayed graffiti inside the compound. 13 Some protestors were eventually removed by Egyptian police. No Americans were
injured or killed in the event.
In Cairo, protests had been planned for days in advance on social media
as a result of a video posted on YouTube about the prophet Muhammad. 14 On September 10, 2012, the CIA warned of social media chatter
calling for a demonstration in front of the Embassy in Cairo,15 and Americans at the Embassy were sent home early due to the impending protests. 16
Although the attacks in Benghazi occurred later on the same day, they
had little else in common with the Cairo protests. Significant differences
included:
12
See, e.g., Email to Susan E. Rice, U.S. Ambassador to the U.N., et al., (Sept. 11, 2012
7:55 PM) (on file with the Committee, C05390691).
13
See, e.g., id.
14
Sara Lynch and Oren Dorell, Deadly embassy attacks were days in the making, USA
Today, (Sept. 12, 2012 8:36 PM),
http://usatoday30.usatoday.com/news/world/story/2012/09/12/libyan-officials-usambassador-killed-in-attack/57752828/1.
15
See, e.g., email from Victoria J. Nuland, Spokesperson, U.S. Dept of State, to Erin
Pelton, Dir. of Communications and Spokesperson, U.S. Mission to the U.N. (Sept. 15,
2012 7:18 PM) (on file with the Committee, C05622933).
16
Egypt Protesters Scale U.S. Embassy Wall, Take Flag, CBS/AP (Sept. 11, 2012, 5:16
PM), http://www.cbsnews.com/news/egypt-protesters-scale-us-embassy-wall-take-flag/.
17
Sara Lynch and Oren Dorell, Deadly embassy attacks were days in the making, USA
TODAY, Sept. 16, 2012.
18
See, e.g., Testimony of Tripoli Chief of Station, Central Intelligence Ageny, Tr. at 4245, July 16, 2015 [hereinafter Tripoli COS Testimony] (on file with the Committee).
II-5
Diplomatic Security personnel in Washington D.C. recognized differences as well. At 5:13 p.m. on September 11, 2012 James Bacigalupo,
Regional Director for Diplomatic Security, Near Eastern Affairs Bureau,
State Department, notified all regional security officers:
Within the last few hours we have had one demonstration in
which protestors infiltrated the perimeter of the compound in
Cairo and an armed attack on our compound in Benghazi. Both
are currently on-going and may be in response to the release of
an anti-Islamic documentary and upcoming demonstration by
Terry Jones this evening. 25
The differences also were noted by senior State Department officials as
well. Victoria J. Nuland, Spokesperson, State Department, sent an email
at 6:09 p.m. that included Jacob J. Sullivan, Deputy Chief of Staff and
Director of Policy Planning, State Department, and Patrick F. Kennedy,
Under Secretary for Management, State Department, among others. Nuland wrote:
19
See, e.g., Email to Susan E. Rice, U.S. Permanent Rep. to the United Nations (Sept. 11,
2012 7:55 PM) [hereinafter 7:55 P.M. Rice Email] (on file with Committee,
C053906910).
20
See, e.g., Benghazi Accountability Review Board at 4, U.S. Dept of State [hereinafter
Benghazi ARB].
21
7:55 P.M. Rice Email, supra note 19.
22
Benghazi ARB, supra note 20, at 4.
23
See, e.g., 7:55 P.M. Rice Email, supra note 19.
24
Benghazi ARB, supra note 20, at 4.
25
Email from James Bacigalupo, Regional Dir. Of the Near East Asia Bureau of Diplomatic Security, U.S. Dept of State, to DS-IP-NEA-RSO (Sept. 11, 2012 5:13 PM) (on
file with the Committee, SCB0048896).
II-6
26
Email from Victoria Nuland, Spokesperson, U.S. Dept of State, to Elizabeth Dibble,
Deputy Asst Secy in the Bureau of Near Eastern Affairs, U.S. Dept of State, et al.
(Sept. 11, 2012 6:09 PM) (on file with the Committee, C05578255).
II-7
Ambassador and Sean Smith were and the other two ran in a different direction.
I remember hearing the chants. I mean, they were fairly close already. I mean, yelling distance, which is pretty close especially
in a city setting. So my impression is that I dont have much
time. So I ran right to my room, you know, put my helmet on,
put my vest on, grabbed my weapons, my additional weapons,
and I turned to lock the gate, and basically, it was a jail cell door
with three locks on it. I locked all three locks.
And at about that time, Ambassador Stevens and Sean Smith
were coming out of their rooms. Sean Smith was already, you
know, donning his helmet and vest. I guided them both into the
safe haven, and I set myself up in the safe haven withI was
holding my M4. I had a pistol, a radio, a shotgun, and when we
were, you know, when we were in there, I radioed the other guy,
hey, we are all in the safe haven.
I could hear outside explosions, yelling, chanting, screaming,
gunfire, and I reported all of this on the radio just saying, this is
what my senses are telling me. Then people started banging on
the doors of the building, so I reported that. Hey, there is banging on the doors. They are trying to come in, you know, we need
immediate assistance. And there wasnt any response on the radio. Shortly after that, to my recollection, the doors were blown
open. And about 70 individuals, you know, rushed into the building, all of them carrying AK-47s, grenades, RPGs, you know, a
mixture throughout everyone. Differentthere were a couple of
different assault rifles.
And with the number of individuals that came into the building
versus me, I chose just to stay in the shadow that I was in. So I
was partially in the safe haven, partially outside the safe haven.
This area was, you know, there was a big shadow where I was
sitting, and my view through the jail cell door was into the common area. So I could see where everybody was going, and they
began breaking everything. I could just hear glass breaking. I
could hear stuff being thrown around. I could hear furniture being moved.
If I may just back up a little bit. When we made it into the safe
haven, I handed my cell phone to the Ambassador. I said, call
II-8
II-9
And as soon as it became that thick, no light was visible from the
lights that were fully on. The sounds were, you know, crackling
and breaking of things from heat. And so to lead them to the
bathroom, I was saying, Come on guys, follow me. And I was
slapping my hands on the floor, or you know, hitting stuff with
my hands if I felt anything. Like come on, you guys, follow me.
Come on. We are going to the bathroom.
So I make it to the bathroom and nobody follows me in. The
whole time I was slapping and saying, come on, follow me. My
intention of going to the bathroom is because if we made it to the
bathroom, I know there is a window that we can open. So what
we would do is go into the bathroom, close the door, wet towels
on the floor and open the window. And we could last, you know
probably much longer in the bathroom than anywhere else in the
house.
But because nobody followed me in, I wasnt going to close the
door. So thinking about how I can better the situation, I open the
window. And I thought that that could you know, provide some,
you know, the lights in the bathroom. I could provide some light,
or I could provide, you know, someplace with air and they could
see that. But by opening the window, I stood up to open the window, and I thought my face was on fire. And I opened the window anyway and it just became a chimney and all the smoke
started, you know, pouring out of the window and being sucked
in my direction.
Because at that point thatI started to pass out. I could feel myself becoming weak and just overcome with smoke and heat. So
I got back on the floor, took off my M4, because crawling with a
slung weapon is extremely difficult. It was getting hung up on
things, and I didnt want to be stuck in that building because of
my M4. So I threw it in the bathroom, just left it there and started
crawling towards my bedroom. And when I decided to do that, I
was very clear to anybody else who could hear me, Im moving
to my bedroom. Come on guys, Im moving to my bedroom. The
whole time Im hitting the floor, slapping, yelling. Come on,
guys. Come on, you can do it. Lets go. Lets go. We are moving
to my bedroom.
So I crawled to my bedroom. And as soon as I passed the threshold to my bedroom, you know, I had seconds left of life, essen-
II-10
II-11
Thats how thick the smoke was. And I went back to my threshold, searched around, still yelling, still saying, Come on guys,
you know, to my bedroom. No response. Nothing. I went back
out and caught my breath again, still taking rounds. And I went
back in one or two more times to try and find them, and I
couldnt. The last time I went out, you know, I decided that if I
went back into the building that I wasnt going to come back out.
The smoke and heat were way too powerful, and way too strong,
and it was extremely confusing feeling my way in a smoke-filled
building. And I didnt want to get lost, and so I decided to climb
up the ladder up to the roof.
I climbed up the ladder, and pulled up the ladder behind me and
thats the moment that I knew that Ambassador Stevens and
Sean Smith were probably dead. Immediately, upon getting up to
the roof, I started radioing for my colleagues, you know, telling
them the situation, you know, telling them my situation, you
know, I am exhausted. I am completely exhausted. I gave everything I had. And Im still thinking of ways to help, still thinking
of ways to get the guys out.
So I remember that we have a skylight in the top of the building,
and so I, you know, we had a little stash of gear up on the roof.
So I went over and I grabbed an M4 magazine and I climbed up
on to this little platform which is near the window. But its protected by these metal bars. And I couldnt break the window. But
I remember yelling and hitting it as hard as I possibly could.
The bad guys saw me up there, started shooting at me again. I
remember seeing tracer fire right over my head. I remember
hearing the whizzing of the rounds going past me. And so I
climbed, you know, back down off the ledge and just got on the
radio. Hey, guys, Im on a frying pan. This thing is hot. The
smoke is coming out of the building and going right on to the
roof. If I pick my head up Im getting shot at, and I cantI
cant do this forever.
Finally, over the radio, [Agent 4] says, [Agent 5], we are coming to get you. You know, at that time a couple of seconds were
gone, and he was like, Hang on. Hang on. We are coming to get
you I dont know how long I was up on the roof, but for me it
was a while.
II-12
. 28
[Agent 3] also testified about what he saw:
27
Testimony of [Agent 5], Diplomatic Security Agent, U.S. Dept of State, Tr. at 123
(Apr. 1, 2015) [hereinafter Agent 5 Testimony] (on file with the Committee).
28
Testimony of [Agent 3], Diplomatic Security Agent, U.S. Dept of State, Tr. at 77 (Oct.
8, 2013) [hereinafter Agent 3 Testimony] (on file with the Committee).
II-13
Diplomatic Security agent Agent 1 called the DSCC when attackers were
attempting to break into the room where he and another agent had barricaded themselves. He testified:
Q: You mentioned earlier that you used your BlackBerry to call
the DS Command Center. When did you first call the DS Command Center during this sequence of events?
A: So before they breached, when they made the first attempt,
the first attempt they didnt breach into the room yet. But it was
imminent that they were going to breach and they were going to
29
30
Id. at 135-136.
Id. at 145-146.
II-14
31
II-15
34
Testimony of [Agent 4], Diplomatic Security Agent, U.S. Dept of State, Tr. at 85
(Mar. 16, 2015) [hereinafter Agent 4 Testimony] (on file with the Committee).
35
Id. at 144.
36
Id. at 155.
II-16
II-17
37
Testimony of Charlene Lamb, Deputy Asst Secy for Diplomatic Security, U.S. Dept
of State, Tr. at 14-16 (Jan. 7, 2016) [hereinafter Lamb Testimony] (on file with the
Committee).
38
Email from Diplomatic Security Agent 27, U.S. Dept of State, to svcSMARTCrossLow (Sept. 12 2012 10:20 AM) (on file with the Committee, C05389586).
39
Email from Diplomatic Security Agent 27, U.S. Dept of State (Sept. 18, 2012 1:16
PM) (on file with the Committee, C05390678).
40
Email from U.S. Dept of State to S_SpecialAssistants (Sept. 11, 2012 6:34 PM) (on
file with the Committee, C05578699).
41
Id.
42
Lamb Testimony at 15.
43
Testimony of Patrick F. Kennedy, Under Secy for Management, U.S. Dept of State,
Tr. at 119 (Feb. 3, 2016) [hereinafter Kennedy Testimony] (on file with the Committee).
II-18
44
Email from OpsAlert@state.gov to S_Special Assistants et al. (Sept. 11, 2012 4:05
PM) (on file with the Committee, C05272001).
45
Email from OpsAlert@state.gov to S_SpecialAssistants et al., (Sept. 11, 2012 4:54
PM) (on file with the Committee, C05272001).
46
Email from OpsAlert@state.gov to S_SpecialAssistants et al., (Sept. 11, 2012 6:07
PM) (on file with the Committee, C05272001).
II-19
47
Testimony of Gregory N. Hicks, Deputy Chief of Mission at U.S. Embassy Tripoli,
U.S. Dept of State, Tr. at 18-19 (Apr. 11, 2013) [hereinafter Hicks Testimony] (on file
with the Committee).
48
Id. at 81-82.
II-20
Throughout the course of the evening, Hicks was on the phone with A.
Elizabeth Jones, Acting Assistant Secretary of State, Near Eastern Affairs, State Department,who was in Washington D.C. at the time, updating her about the events on the ground in Benghazi. Jones testified:
I sat down and called Greg Hicks and said, Tell me what is going
on. I have this report from my special assistant, from the
op[erations] center; what's going on? He said, I talked to Chris
20 minutes ago. Chris called me. He said, We're under attack.
I said, What do you mean we're under attack? He said there are
people firing guns at us, firing weapons, firing at us. And I said,
Where is Chris?
He saidhe said that the RSO [Regional Security Officer] told
him that they had takenthat Chris had said, We're going to the
safe haven, and the regional security officer in Tripoli have reported, yes, the security officers in Benghazi had taken the ambassador to the safe haven.
I said, Okay. You talked to him 20 minutes ago. Call him again.
He said, I've been trying. He doesn't answer the phone.
I asked, Who else was in thein the building, where was Chris
exactly, who else was in the building. He explained that Sean
Smith was, that's the communicator, that there were three RSOs
there and that they wouldthey were moving the two to the safe
haven and that the others were trying to protect the building.
I immediately notified by email as many people as I could think
of off the top of my head on the Seventh Floor [senior State Department leaders], that I had spoken to Greg, that this is what the
situation was, thatthat I would continue to stay in touch with
him. In the meantime, I had a secure call from my CIA counterpart saying the same thing, We're hearing that Benghazi is under
attack. I said, Is your annex under attack, which I knew to be a
few minutes away.
He said, No. And I continued to be in touch with him, themy
CIA colleague and my staff. I decided to not work out of my office initially but work closer to where the secure phone is, which
is on the other end of the suite and stayed in very close touch
with Greg essentially all night long till the next morning.
II-21
49
Testimony of Elizabeth Jones, Acting Asst Secy, U.S. Dept of State, Tr. at 39-40
(July 11, 2013) [hereinafter Jones Testimony] (on file with the Committee).
II-22
50
Id. at 79-80.
See, e.g., Email from U.S. Dept of State to Victoria J. Nuland, Spokesperson, U.S.
Dept of State, et al. (Sept. 11, 2012 5:32 PM) (on file with the Committee, C05391036).
51
II-23
52
Email from U.S. Dept of State to William J. Burns, Deputy Secy of State, U.S. Dept
of State, et al. (Sept. 11, 2012 4:49 PM) (on file with the Committee, C05391036).
53
Email from U.S. Dept of State to Jacob J. Sullivan, Deputy Chief of Staff and Dir. of
Policy Planning, U.S. Dept of State, et al. (Sept. 11, 2012 5:13 PM) (on file with the
Committee, C05391036).
54
Email from U.S. Dept of State to Cheryl D. Mills, Chief of Staff to the U.S. Secy of
State, U.S. Dept of State, et al. (Sept. 11, 2012 5:32 PM) (on file with the Committee,
C05391036).
II-24
55
Email from U.S. Dept of State to Victoria J. Nuland, Spokesperson, U.S. Dept of
State, et al. (Sept. 11, 2012 5:55PM) (on file with the Committee, C05391036).
II-25
in the hospital. All they will tell us is he's in a safe place, or they
will imply that he's with us at the [Annex] facility, which, of
course, we have to feed back to them and say, no, we don't know
where he is. It is a constant conversation, and I'm still talking to
the same people.
The Vice Minister of the Interior chimes in sometime before
midnight. And I'm pressing him to get their firefighters to the
building to put the fire out, assuming that if they go to put the
fire out, that they will send some security people with the firefighters to protect the firefighters. We tried everything that we
could.
So we brief her on what's going on. She asks, How can we help?
And I said, Well, we could use some reinforcements. And we
havewe know we have wounded. And
Q: What was the answer?
A: The answer was that the FAST team in Rota was being mobilized to come to Tripoli, and there would be a medevac flight
coming down to pick up wounded.
And then we discussed also whether we were going tothey
asked me if we were going to stay in the residential compound.
And I said, no, we needed to consolidate our facilities here, because we basically sent everybody we have to protect us to Tripoli to rescue them.
Q: To?
A: To Benghazi. Sorry. Benghazi. Apologies. And they said,
good.
Q: And how long does that call last?
A: Ten minutes. 56
None of the information coming directly from the agents on the ground
in Benghazi during the attacks mentioned anything about a video or a
protest. These first-hand accounts made their way to the Office of the
56
II-26
57
Press Release, U.S. Dept of State, Statement on the Attack in Benghazi (Sept. 11,
2012), http://www.state.gov/secretary/20092013clinton/rm/2012/09/197628 htm [hereinafter September 11 Statement].
II-27
The decision for the Secretary to issue the statement appears to have
been made earlier that evening during a 7:30 p.m. secure video teleconference [SVTC], a meeting hosted by the White House, that included
senior officials from the State Department, Intelligence Community, and
Defense Department to discuss the events unfolding in Benghazi.
Rough notes from the White House meeting describe ten specific action
items. One of these action items stated:
The Secretary will issue a statement tonight condemning the attacks and stating an official American was killed. S may issue
another statement to distance the United States from the Pastor
Jones video. 58
The Secretary did not, however, issue two statements that evening. She
issued one. And that single statement condemned the attack, stated an
American was killed, and distanced the United States from an internet
video. In doing so, the statementspecifically the language [s]ome
have sought to justify this vicious behavior as a response to inflammatory material posted on the Internetappeared to connect, or at least conflate, the attacks in Benghazi with the video. 59 This connection between
the attacks and the video continued for over a week, leading the public to
believe that a video-inspired protest led to the attacks that killed Ambassador Chris Stevens and Sean Smith, Tyrone Woods, and Glen Doherty.
The 7:30 p.m. White House meeting was convened to discuss the Benghazi attacks and included the Secretary of State and other high level
officials from the State Department, Defense Department, and White
House. The meeting, however, contained a great deal of discussion regarding the video. Matt Olsen, Director, National Counterterrorism
Center, was a participant in the meeting. He testified:
Q: Was there any discussion of sort of the video and Benghazi
being linked on the call?
A: I dont remember specifically, you know, how we talked
about it. Im sure that we did, right, because we werethe fact is
that it camethe discussion of taking the video down was part
58
Email from Watch Officer, U.S. Dept of State, to P_StaffAssistants &
D(N)_StaffAssistants (Sept. 11, 2012, 9:46 PM) (on file with the Committee,
C05562037).
59
September 11 Statement, supra note 57.
II-28
60
Testimony of Matthew Olsen, Dir., Natl Counterterrorism Center, Tr. at 17-18 (Feb.
16, 2016) [hereinafter Olsen Testimony] (on file with the Committee).
61
Id. at 18.
62
Email from Watch Officer, U.S. Dept of State, to P_StaffAssistants and
D(N)_StaffAssistants (Sept. 11, 2012) (on file with the Committee, C05562037).
63
See, e.g., Krissah Thompson and Tara Bahrampour, Obama renews call for religious
tolerance after Koran-burning canceled, WASH. POST, Sept. 10, 2012 (Obama denied
that his administrations forceful interventionDefense Secretary Robert M. Gates made
a personal appeal to the Gainesville pastor, the Rev. Terry Joneshad unnecessarily
drawn attention to the pastors plans.); and Obama criticizes Quran burning, Afghan
attacks, NBC News, April 2, 2011, www nbcnews.com/id/42396945/ns/world_newssouth_and_central_asia/t/obama-criticizes-quran-burning-afghan-attacks/#.V1oSrvkjrJaR
(At least 10 people have been killed and 83 injured in the southern Afghan city of Kandahar, officials said on Saturday, on a second day of violent protests over the actions of
extremist Christian preacher Terry Jones . . . No religion tolerates the slaughter and beheading of innocent people, and there is no justification for such a dishonorable and deplorable act, Obama said.).
II-29
Avril Haines, Deputy Counsel to the President for National Security Affairs, held a conference call after the 7:30 p.m. meeting. Rough notes
from the call stated:
There is likely to be a statement from S[ecretary Clinton] this
evening addressing the violence and distancing the USG [United
States government] from the videos that are believed to have instigated it (at least in part); while no one is sure of the cause, exactly, there is reportedly a new Terry Jones video threatening to
burn Korans and a second film that includes a number of insulting statement about Mohamed. 64
The fact the 7:30 p.m. White House meeting, which took place while
Ambassador Stevens was considered missing and before Tyrone S.
Woods and Glen A. Doherty were killed, was about the attacks in Benghazi but much of the conversation focused on the video is surprising
given no direct link or solid evidence existed connecting the attacks in
Benghazi and the video at the time the White House meeting took place.
The State Department senior officials at the White House meeting had
access to eyewitness accounts to the attack in real time. The Diplomatic
Security Command Center was in direct contact with the Diplomatic Security Agents on the ground in Benghazi and sent out multiple updates
about the situation, including a Terrorism Event Notification. 65 The
State Department Watch Center had also notified Sullivan and Mills that
it had set up a direct telephone line to Benghazi. 66 There was no mention
of the video from the agents on the ground. Hicksone of the last people
to talk to Stevens before he diedsaid there was virtually no discussion
about the video in Libya leading up to the attacks.
That did not, however, deter participants at theWhite House meeting
led by Denis McDonough, Deputy National Security Advisor to the Presidentfrom extensively discussing the video.
As a result of the White House meeting, the Secretary of State issued a
64
Email from Attorney, U.S. Dept of State, to Harold Koh, Legal Advisor, U.S. Dept of
State, et al. (Sept. 11, 2012, 10:40 PM) (on file with the Committee, C05528017).
65
Email from DS Command Center to DSCC_C DS Seniors, DSCC_E TIA/PII,
DSCC_E TIA/ITA, and DS-IP (Sept. 12, 2012, 5:05 AM) (on file with the Committee,
C05389586).
66
Email from U.S. Dept of State to Jacob J. Sullivan, Deputy Chief of Staff and Dir. of
Policy Planning, U.S. Dept of State, et al. (Sept. 11, 2012, 4:38 PM) (on file with the
Committee, C05561866).
II-30
statement about the attacks later that evening. Rather than relaying
known facts from those experiencing the attacks firsthand, however, the
Secretarys statement created a narrative tying the events in Benghazi to
the video, despite a dearth of actual evidence. This was done by mentioning the video and the attacks in the same sentence: Some have sought to
justify this vicious behavior as a response to inflammatory material posted on the Internet. 67
Sullivan testified about the decision to include that sentence in the statement:
Q: Do you recall whose idea it was to include that sentence?
A: I believe that it was my idea to include that sentence. It was
either mine or Torias [State Department spokesperson] or a
combination of the two of us, but I thought it was important to
include that sentence.
Q: And why is that?
A: Well there are two aspects to this. One was we didnt know
the motivation of the actual attackers of Benghazi, so I didnt
want to say they did it because of the video, and so I chose the
words very carefully to say that some have sought to justify it on
that basis.
But I thought it was really important for us to be able to express
our views on the video and to say there is never any justification
for violent acts of this kind, as well as to say we deplore efforts
to denigrate the religious beliefs of others because I was deeply
concerned that we could potentially face attacks on our embassies elsewhere. And, unfortunately, thats exactly what happened. 68
Sullivan did not say why it would not have been equally or even more
important to denounce the video when it began circulating in the Middle
East days earlier, or after the protests in Cairo where the link to the video
was clear. Sullivan testified:
67
Id.
Testimony of Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, Tr. at 220 (Jan. 12, 2016) [hereinafter Sullivan Testimony] (on file with
the Committee).
68
II-31
69
Id. at 221.
II-32
70
II-33
Q: And so you were kind of going back to your point about one
of the goals for this speech was to explain to the American people what had happened. For that reason you wanted to refer to
the video. Is that fair?
A: Yeah. I would say that's fair.
Q: And as best you can, could you just tell us what you based
that conclusion on, or that opinion that the video somehow
sparked what occurred in Benghazi?
A: Well, at the time it seems like the commonsense conclusion.
You know, there was this incident happening in the samenot
far from Benghazi, just a few countries to thewell, shoot, one
country to the east. God, I'm failing on the geographya nearby
country, Cairo, Egypt, on the same day there was this protest that
seemedthat was similarly targeting an American facility that
similarly had our facility breached in this alarming way. And
that seemed to be very clearly connected to this video since,
again, I believe that not long before that protest broke out, the
video had been broadcast on Egyptian news. So, you know, I
was learning about what was happening in Egypt, and oh, look,
the same day, something is happening at an American facility
not far from there. 71
The gist is: a statement connecting the video with the Benghazi attacks
was included by a speechwriter because the thoughthalf a world
awaywas that commonsense dictated it. But that same commonsense
would not dictate listening to and following the real time information
being provided by eyewitnesses who survived the initial attack and were
preparing for subsequent attacks.
Benjamin J. Rhodes, Deputy National Security Advisor to the President
for Strategic Communications, spoke with Sullivan about the statement
before it was released. Rhodes testified the sentence Some have sought
to justify this vicious behavior as a response to inflammatory material
posted on the Internet was not about Benghazi but served to respond to
71
Testimony of Megan E. Rooney, Policy Advisor and Speechwriter, U.S. Dept of State,
Tr. at 48-51 (Oct. 9, 2015) [hereinafter Rooney Testimony] (on file with the Committee).
II-34
the general events taking place in the region as a whole. 72 He also said:
A: Again, our concernone of our concerns was that we saw efforts to utilize the video to incite protests, including the type of
violent protests that we saw in Cairo. And so I recall that we
wanted to have messaging in the statement that sought to reduce
tensions associated with the video.
Q: So was this sentence not meant to convey anything regarding
Benghazi and Libya?
A: No, I don't believe so.
Q: You don't thinkthis sentence was not about Libya in any
way, shape, or form?
A: Again, I believe that it was intended to address the broader
context in the region.
Q: So that's what has me wondering. Then was there vicious behavior in other places that day?
A: Yes. Certainly in Cairo.
Q: But noI mean, Pat Kennedy described Cairo as spray paint
and rocks. Obviously, Benghazi was much different. So you're
saying that vicious behavior applies to Cairo but doesn't apply to
Benghazi?
A: Again, I think it applies generally to the fact that we had indications that there were individuals who might seek to use this
video to justify violence?
Q: I'm asking about the two terms: vicious behavior. You said
this sentence doesn't apply to Libya in a general sense or Benghazi in a specific sense, but does apply to other events in the region; namely, Cairo. Is that accurate?
72
Testimony of Benjamin J. Rhodes, Deputy Natl Security Advisor for Strategic Communications, Natl Security Council, Tr. at 50-51 (Feb. 2, 2016) [hereinafter Rhodes
Testimony] (on file with the Committee).
II-35
73
Id. at 61-64.
II-36
74
See Email from Benjamin Rhodes, Deputy Natl Security Advisor for Strategic Communications, Natl Security Council, to Steven Warren, Spokesman, U.S. Dept of Defense, et al.(Sept, 11, 2012 9:53 PM) (on file with the Committee, C05562046), stating
let the State Department statement be our [USG] comment for the night.
75
Rhodes Testimony at 15.
II-37
S: As you know, our diplomatic mission in Benghazi was attacked earlier this evening. We need your immediate help, as one
of our diplomats was killed and our Ambassador, who you know,
is missing. We have asked for the Libyan government to provide
additional security to the compound immediately as there is a
gun battle ongoing, which I understand Ansar al Sharia is claiming responsibility for. We also need to provide additional capacity for firefighting as there are reports that the principle officers
residence has been bombed or set on fire. We believe that it is
important for your government, as well as ours, to condemn this
attack in the strongest possible terms and promise these criminals will be brought to justice. I also need you to help us secure
our mission in Tripoli. We have serious threats on social media
sites, like Facebook, and it is important that your government
take all possible measures, in an urgent manner, to secure our facilities. We need you to have people who you are confident in,
who will follow your direction, and that your government trusts
to secure our compounds.
M: Please accept my condolences for the death of the American
at the compound and our sincere apologies for what has happened. We promise to find the criminals and bring them to justice. We will do our utmost to protect American buildings and
every American citizen in Libya. We were just in the midst of an
emergency meeting with the Prime Minister and all of his deputies to address this situation.
S: If there is anything that you need or that I can do please do not
hesitate to call me at any time, day or night.
M: Thank you.
S: Thank you.
M: Good Night. 76
In her call with the Libyan President, the Secretary mentioned a number
of key facts not included in her public statement: that Stevens was still
missing at the time; 77 that the extremist organization Ansar al Sharia had
76
Email from U.S. Dept of State to S_CallNotes (Sept. 11, 2012, 11:34 PM) (on file
with the Committee, C05561906).
77
Id. ([O]ur Ambassador, who you know, is missing.)
II-38
taken credit for the attacks; 78 that the compound may have been bombed
and set on fire; 79 and that the administration intended to bring the perpetrators to justice. 80 Significantly, she also did not mention the video she
referred to in her public statement.
The Secretary also sent a private email to her daughter that evening about
an hour after her public statement. The email said:
Two of our officers were killed in Benghazi by an Al Queda-like
[sic] group: The Ambassador, whom I handpicked and a young
communications officer on temporary duty w a wife and two
very young children. Very hard day and I fear more of the same
tomorrow. 81
In that email, the Secretary states two individuals had been killed by an
Al Queda-like [sic] group. 82 This key fact had been omitted from the
Secretarys public statement. In sharing this fact with her daughter, the
Secretary acknowledged the attackwith a link to al-Qaidawas in fact
terrorism. In omitting this fact from her public statement, however, the
Secretary sent a very different message to the publica message that
suggested a protest over the video.
It was not until ten days later the Secretary told the American people the
events in Benghazi were terrorist attacks. 83
THE DAY AFTER THE ATTACKS
The day after the attacks was a day of mourning for the families of the
four Americans who lost their livesAmbassador J. Christopher Stevens, Sean P. Smith, Tyrone S. Woods, and Glen A. Doherty. It was also
78
II-39
a time of mourning and reflection for America. However, the day after
the attacks also saw a marked difference in information shared by the
administration with the American people compared with information
shared by the administration privately.
Public Statements Conflated the Video and the Attacks
The following day brought additional press inquiries and additional
statements. After the Secretarys statement on the evening of September
11, two more Americans, Tyrone Woods and Glen Doherty, died in Benghazi as a result of the mortar attacks on the Annex. 84
The administration needed to act quickly to ensure each agency was on
the same page about how to message the attacks. At 8:14 a.m. the morning after the attacks, Bernadette Meehan, Deputy Spokesperson, National
Security Council, sent an email to nearly two dozen people from the
White House, Defense Department, State Department, and intelligence
community stating:
Both the President and Secretary Clinton released statements this
morning. Both are pasted below. Please refer to those for any
comments for the time being. To ensure we are all in sync on
messaging for the rest of the day, Ben Rhodes will host a conference call for USG communicators on this chain at 9:15 ET
today.85
Rhodes responded, stating simply If possible, lets do this at 9 to get a
little ahead of potential statements by S[ecretary Clinton] and POTUS
[the President] later this morning. 86
The message emanating from the White House the morning after the attackssimilar to the message delivered by the U.S. government the
night before through the Secretarys statementwas that the video and
84
Scott Neuman, U.S. Ambassador To Libya, Three Other Americans Killed in Benghazi
Attack, NPR (Sept. 12, 2012 7:45 AM), http://www npr.org/sections/thetwoway/2012/09/12/160992840/u-s-ambassador-to-libya-three-other-americans-killed-inbenghazi-attack.
85
Email from Bernadette M. Meehan, Deputy Spokesperson, Natl Security Council, to
Benjamin J. Rhodes, Deputy Natl Security Advisor for Strategic Communications, Natl
Security Council, et al. (Sept. 12, 2012, 8:14 AM) (emphasis original) (on file with the
Committee, SCB000897).
86
Email from Mr. Rhodes to Ms. Meehan, et al. (Sept. 12, 2012, 8:31 AM) (on file with
the Committee, SCB000897).
II-40
See Press Release, The White House Office of the Press Secretary, Statement by the
President on the Attack in Benghazi (Sept. 12, 2012), https://www.whitehouse.gov/thepress-office/2012/09/12/statement-president-attack-benghazi (While the United States
rejects efforts to denigrate the religious beliefs of others, we must all unequivocally oppose the kind of senseless violence that took the lives of these public servants.).
88
Press Release, The White House Office of the Press Secretary, Remarks by the President on the Deaths of U.S. Embassy Staff in Libya (Sept. 12, 2012),
https://www.whitehouse.gov/the-press-office/2012/09/12/remarks-president-deaths-usembassy-staff-libya.
89
Id.
II-41
II-42
name of God, the world will never know a true and lasting
peace. 92
Rooney, who helped draft the speech, told the Committee it was geared
towards the American people:
We knew basically a few things that we wanted to accomplish. If
indeed some people had died, we knew that we wanted to give
her some material that she could say about them, so she could
say gracious things about them, which we knew she would have
wanted to do. We knew that we would want to give her some
sort of asomething that she could say that would summarize
what had happened, anticipating that, you know, if Americans
were waking up and turning on their TV in the morning and their
Secretary of State was standing there, that they wouldone of
the questions on their mind would be what, what happened. We
wanted to be able to give her some language that would at least
begin to answer that. 93
The fact the speech served in part to answer a question on the minds of
many Americanswhat happenedis interesting because Rooney
never talked with anybody in the Bureau of Near Eastern Affairs (NEA)
while she was drafting the speech. The individuals in NEA had been on
the phone all night with State Department personnel in Benghazi receiving real-time updates about what was transpiring. 94 Rooney testified:
Q: Did you speak to anybody in the NEA bureau about what had
happened in the attacks?
A: I don't recall speaking to anyone in the NEA bureau.
Q: Is that something you would have done? I mean, you talked
earlier about the process. If you're writing a speech about China,
you go to
A: Right.
92
Secretary Clinton Delivers Remarks on the Deaths of U.S. Personnel in Benghazi, Libya, DIPNOTE (Sept. 12, 2012), https://blogs.state.gov/stories/2012/09/12/secretaryclinton-delivers-remarks-deaths-us-personnel-benghazi-libya.
93
Rooney Testimony at 35-36.
94
Jones Testimony at 79-80.
II-43
Q:the China experts and ask them. I mean, did that happen
that night with regard to Libya?
A: No, I don't think so. I don't recall any conversation with anyone fromno. 95
Instead, the only actual description in the statement of what had occurred
in Benghazi was a late addition to the speech from Sullivan. Schwerin,
who also worked on the speech, explained:
A: He said, you know, we have to keep making edits. He didn't
tell me the substance of the conversations he had had, just that
there were more edits to make.
Q: Okay. What kind of edits?
A: I can't, you know, all these years later, tell you which sentences we changed, but the only thing that I remember is, I think
the formulation "heavily-armed militants" we added that morning in his office. But I could not beyond that give you chapter
and verse about what we changed. 96
The public statements by the President and Secretary of State did not call
the events in Benghazi a terrorist attack.
The President also conducted an interview with Steve Kroft of 60
Minutes that same morning. Kroft began the interview by asking the
President about the attack and the Presidents reluctance to call the attack
a terrorist attack in his earlier Rose Garden remarks. Again, the President
did not call what had transpired in Benghazi a terrorist attack:
Q: Mr. President, this morning you went out of your way to
avoid the use of the word terrorism in connection with the
Libya attack.
A: Right.
Q: Do you believe that this was a terrorist attack?
95
96
II-44
A: Well, its too early to know exactly how this came about,
what group was involved, but obviously it was an attack on
Americans. And we are going to be working with the Libyan
government to make sure that we bring these folks to justice, one
way or the other.
Q: This has been described as a mob action, but there are reports
that they were very heavily armed with grenades. That doesnt
sound like your normal demonstration.
A: As I said, were still investigating exactly what happened. I
dont want to jump the gun on this. But youre right that this is
not a situation that was exactly the same as what happened in
Egypt, and my suspicion is, is that there are folks involved in this
who were looking to target Americans from the start.97
Later in the interview, the President raised the issue of the video while
referring to the Benghazi attacks, implying the film was an excuse for
violence against Americans and conflating the two issues. 98 The President said:
And I do have to say that, more broadly, we believe in the First
Amendment. It is one of the hallmarks of our Constitution that
Im sworn to uphold. And so we are always going to uphold the
rights for individuals to speak their mind. On the other hand, this
film is not representative of who we are and our values, and I
think its important for us to communicate that. Thats never an
excuse for violence against Americans[.] 99
Private Statements Tell a Different Story
While administration officials may have been in sync with their public
messaging regarding the Benghazi attacks on September 12, the messages shared privately told a completely different story.
97
See Email from Bernadette M. Meehan, Spokesperson, Natl Security Council, to Victoria J. Nuland, Spokesperson, Dept of State, & Patrick H. Ventrell, Spokesperson, U.S.
Dept of State (Sept. 13, 2012, 9:17 AM) (on file with the Committee, C05527907) (Attaching transcript of the Interview of the President by Steve Kroft, 60 Minutes).
98
Id.
99
Id.
II-45
Minutes before the President delivered his speech in the Rose Garden,
Sullivan wrote in an email to Rhodes and others:
There was not really much violence in Egypt. And we are not
saying that the violence in Libya erupted over inflammatory
videos. 100
Sullivans private acknowledgement differs notably from the consistent
public remarks connecting the video and the attacks in both the Presidents and the Secretarys statements that day.
On September 12, 2012, the President made separate phone calls to Libya President Mohamad Magariaf and Egyptian President Mohamed Morsi. In his phone call with the Egyptian President, the President said that
he rejects efforts to denigrate Islam, but underscored there is never any
justification for violence against innocents and acts that endanger American personnel and facilities. 101 This is a reference to the video, which
was the cause of the protest against the U.S. Embassy in Cairo.
In his phone call with the Libyan President, the President said the two
countries must work together to do whatever is necessary to identify the
perpetrators of this attack and bring them to justice. 102 Notably, however, President Obama did not make a reference to the video.
The Secretary also had a phone call with an Egyptian leader, Prime Minister Hisham Kandil, on the afternoon of September 12. According to the
call notes, the Secretary told the Prime Minister the following:
We know that the attack in Libya had nothing to do with the
film. It was a planned attacknot a protest. . . . Your [sic] not
kidding. Based on the information we saw today we believe the
100
Email from Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, to Senior Dir. for Communications and Public Diplomacy, Afghanistan
and Pakistan, U.S. Dept of State, et al. (Sept. 12, 2012, 10:30 AM) (on file with the
Committee, C05578214).
101
Press Release, The White House Office of the Press Secretary, Readout of the Presidents Call with Egyptian President Morsi (Sept. 13, 2012),
https://www.whitehouse.gov/the-press-office/2012/09/13/readout-president-s-callegyptian-president-morsi.
102
Press Release, The White House Office of the Press Secretary, Readout of the Presidents Call with Libyan President Magariaf (Sept. 13, 2012),
https://www.whitehouse.gov/the-press-office/2012/09/13/readout-president-s-call-libyanpresident-magariaf.
II-46
Email from U.S. Dept of State to S_CallNotes (Sept. 12, 2012, 7:11 PM) (on file with
the Committee, C05561911).
104
Id.
105
Though some may claim that vicious behavior also occurred in Cairo, in the Secretarys September 12 speech she specifically separates the vicious behavior from what
transpired in Cairo by saying this vicious behavior, along with the protest that took place
at our Embassy in Cairo yesterday . . . Secretary Clinton Delivers Remarks on the
Deaths of U.S. Personnel in Benghazi, Libya, DIPNOTE (Sept. 12, 2012),
https://blogs.state.gov/stories/2012/09/12/secretary-clinton-delivers-remarks-deaths-uspersonnel-benghazi-libya.
106
Email from Legislative Management Officer for Near Eastern Affairs, U.S. Dept of
State, to H_Egypt, et al. (Sept. 12, 2012 7:55 PM) (on file with the Committee,
C05580110).
107
Email from Legislative Management Officer, U.S. Dept of State, to H_Egypt, et al.
(Sept 12, 2012, 7:55 PM) (on file with the Committee, C05562234).
108
Middle East and North Africa Situation Report, Sept. 12, 2012, 0700 EDT (on file
with CIA, REQUEST 17-0345 to REQUEST 0346).
II-47
109
See Email to H_Egypt, et al. (Sept 12, 2012, 7:55 PM) (on file with the Committee,
C05562234) (answering question about whether the attack was under the cover of a protest, Kennedy responded [n]o this was a direct breaching attack.).
110
Press Release, Office of the Director of Natl Intelligence, Statement by the Director
of Public Affairs for ODNI, Shawn Turner, on the intelligence related to the terrorist
attack on the U.S. Consulate in Benghazi, Libya (Sept. 28, 2012),
https://www.dni.gov/index.php/newsroom/press-releases/96-press-releases-2012/731statement-by-the-odni-s-director-of-public-affairs-on-intelligence-related-to-the-terroristattack-on-the-u-s-consulate-in-benghazi.
111
Central Intelligence Agency, Libya: Government Poorly Positioned to Address Attacks, World Intelligence Review, Sept. 13, 2012 [hereinafter September 13 WIRe] (on
file with CIA, REQUEST 17-0067 to REQUEST 17-0070).
II-48
112
II-49
Despite the September 13 piece being heavily vetted, going through the
PDB process, and being widely distributed, the piece was rife with errors
as the analysts themselves would later acknowledge. There were improper footnotes, poor and confusing phrasing, and most importantly, headlines that were not supported by any text. The result was a very poorly
written piece containing inaccurate information that was relied on by
those analyzing, discussing, and messaging the Benghazi attacks.
The focus of the September 13 piece was twofold: the ability of the Libyan government to respond to the attacks, and the fact extremists had
participated in the attacks. A timeline of the attacks and the sequence of
events leading up to the attacks were not discussed in the piece. Whether
or not a protest occurred prior to the attacks was not a focal point of the
piece, nor was it an issue the analysts found to be particularly germane.
As the manager of the analysts who wrote the piece testified:
A: We werent particularly concerned, worried about, or thinking
about protests when we wrote this.
Q: That was the next question I was going to ask you. Yeah.
A: I want to make that very, very clear. Because in CTC [Counterterrorism Center] when something like this happens, we look
at who do we think did it and are they about to do it again and is
there anything we can do to stop it.
So we did not think the question of protests was particularly
germane to answering that question. In fact, it was fully probably
a week. And we had several conversations among ourselves and
even with more senior people in the DI [Directorate of Analysis]
about, why in the hell would everybody care about protests?
We justwe werent tracking on it because it wasnt germane to
what we were trying to do, which it doesnt really excuse our
sloppy work, particularly in that paragraph here. I mean the ticks
are the ticks. They are based on reporting. But our assessment
was just imprecisely written. We werent careful enough about
it. 117
117
Testimony of
Team Chief, Ofice of Terrorism
Analysis, Central Intelligence Agency, Tr. at 52-53 (Feb. 10, 2016) [hereinafter
Team Chief Testimony] (on file with the Committee).
II-50
The fact the piece was not focused on protestsnor did the analysts find
the issue of protests germaneis ironic given this piece has received so
much attention by Morell and others as supporting evidence that the analysts did in fact believe a protest had occurred.118 That is because this is
the only intelligence assessment written by the CIA that can support the
analytic line that a protest had occurred prior to the attacks. 119
Further, it was put in the intelligence piece by accidenta mistake that
was not caught during what was supposed to be a rigorous and airtight
editing process.
In his book, Morell says [t]he September 13 piecethe first piece to go
beyond a simple factual updatesaid four things. First, that the assault
on the [Benghazi Mission compound] had been a spontaneous event that
evolved from a protest outside the [Benghazi Mission compound].120
Except Morell is wrong. The piece did not say this at all. In fact, the exact language of the piece reads: We assess the attacks on Tuesday
against the US Consulate in Benghazi began spontaneously following the
protests at the US Embassy in Cairo and evolved into a direct assault
against the Consulate and a separate US facility in the city. 121 In his
book, Morell alters the plain language of this piece, began spontaneously following protests at the US Embassy in Cairo, with the wording in
his book, a spontaneous event that evolved from a protest outside the
[Benghazi Mission compound]. 122
On the first page of the September 13 piece, titled Libya: Government
Poorly Positioned To Address Attacks, there is a single mention of the
early stages of the protest buried in one of the bullet points. 123 The Director of the Office of Terrorism Analysis acknowledged the supporting
evidence for this statement was incorrect. She testified:
118
II-51
124
125
II-52
126
II-53
gence. You know, where in here does it support that but for collateral, is my question to you.
A: And solook, I dont know the answer to your question,
right, why they wrote it the way they did. 130
The OTA Director testified:
Q: Okay. Lets look at the first bullet point. . . . Thats a lengthy
sentence.
A: Not good trade craft. We try and make them shorter.
Q: Is there anything in that sentence or that bullet point that denotes that there was a protest in Benghazi that you can see?
A: After hearing how protesters breached theso, no, not in
Benghazi.
Q: Not in Benghazi, okay.
Lets look at the next tick.
Is there anything in that tick that mentions a protest in Benghazi?
A: No.
Q: All right. Lets look at the third tick. Is there anything in
that tick that mentions a protest in Benghazi?
A: No.
Q: And then Im just going to read the last paragraph here.
Is there anything in that paragraph that mentions the protest in
Benghazi?
A: No. 131
The OTA Director also told the Committee the text box in the September
13 intelligence piece was not supposed to be about whether or not pro130
131
II-54
tests had occurred in Benghazi prior to the attack. 132 Instead, it was supposed to focus on the involvement of extremists in the attacks. That was
the point the analysts were trying to driveextremists, not protests. This
was true of the headline of the text box, too. The key word in that headline, according to the OTA Director, was extremists, not protests.
She testified:
Q: So the headline for this text box, Extremists Capitalized on
Benghazi Protests, do you see any supporting evidence in the
five paragraphs Ive just read that support that headline?
A: So the headlineand I admit that in retrospect, if I could go
back and change this headline, I would. Because the headline, it
was more meant to be about the, we know extremists were involved and less about whether or not there were protests.
So if you look at this idea that the first, the topic sentence that
talksso, sorry, the second sentence, where the bullets are then
following immediately after, about extremists with the ties to Al
Qaeda were involved. We then go on in the first bullet to talk
about we know that there was, you know
That bullet was to not only talk about AQIM but to also talk a little bit about motivation.
The second bullet that talks about, you know, again, extremists,
as we were calling at that point, Ansar al-Sharia in Benghazi
claimed responsibility, and also talked about the timing that this
was spontaneous,
So, again, this
idea of preplanning, timing, and those involved.
And the third bullet was, I think, meant to illustrate that this was
a series that the extremists were involved at various points that
was an opportunistic attack sequence, as we talk about. They
took advantage of opportunities to attack U.S. facilities at various points throughout the night.
132
Id. at 112-13.
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133
Id. at 112-13.
Id. at 135.
135
Id. at 112-113.
136
Team Chief Testimony at 49, 136.
134
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137
Id. at 48-49.
Id. at 54.
139
Morell Testimony at 56.
138
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pieces they write for the President, for some reason these footnotes do
not receive the scrutiny they deserve. Morell explains:
A: So context number two, right, is that analysts dont spend a
lot of time making sure that these footnotes match. Okay. They
just dont. They just dont.
Q: Is that a problem?
A: It certainly is when you have a situation like this.
Q: Im a lawyer. I mean, if youre writing a Law Review article,
those things are going to be footnoted to death.
A: Is it a problem? Yes. Is it a problem? Yes. So those are the
few pieces of context, right, is they believed is what they believed, right? They had a set ofthey believed they had a set of
information, a set of data points that took them there. Third, I
think youve got to be a little bit careful going through this sentence by sentence and source by source, because analysts arent
as careful as they need to be.
Q: Why arent they are careful as they need to be? If youre producing a piece for the [President], shouldnt every sentence have
a valid source note?
A: Yes, absolutely. Youre absolutely right. I couldnt agree with
you more. 141
The OTA Director also acknowledged there is not enough emphasis on
making sure the footnotes, known inside the CIA as source attributions,
are accurateespecially for pieces that become PDBs. She testified:
A: The editing process would have differed for a PDB in that it
would have also gone through an additional layer of review or
several additional layers of review. So a WIRe ceases, the review
ceases pretty much after the office director, as I said, except for
some technical edits.
A PDB, our process is morethere are additional levels that include a review within the organization we call PASS. Theres al141
Id. at 52-53.
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142
143
II-59
144
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145
Hillary R. Clinton, Secy of State, U.S. Dept of State, Remarks at the Opening Plenary of the U.S.-Morocco Strategic Dialogue (Sept.13, 2012),
http://www.state.gov/secretary/20092013clinton/rm/2012/09/197711 htm.
146
Email from Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, to Daniel B. Schwerin, Speechwriter, U.S. Dept of State, et al. (Sept. 13,
2012, 9:22 AM) (on file with the Committee, SCB00100122).
148
Benghazi was the only US facility during this time period where terrorists killed an
American government official.
148
See Email from U.S. Dept of State to S_CallNotes (Sept. 12, 2012, 7:11 PM) (on file
with the Committee, C05561911) (attaching notes from phone call with Egyptian Prime
Minister).
149
Email from Operations Center, U.S. Dept of State to Prem G. Kumar, Dir. for Israeli
and Palestinian Affairs, White House (Sept. 13, 2012, 12:29 PM) (on file with the Committee, C05562242).
II-61
150
Press Release, Office of the Director of National Intelligence, Statement by the Director of Public Affairs for ODNI, Shawn Turner, on the intelligence related to the terrorist
attack on the U.S. Consulate in Benghazi, Libya (Sept. 28, 2012),
https://www.dni.gov/index.php/newsroom/press-releases/96-press-releases-2012/731statement-by-the-odni-s-director-of-public-affairs-on-intelligence-related-to-the-terroristattack-on-the-u-s-consulate-in-benghazi.
151
Daily Press Briefing by Spokesperson Victoria Nuland, Bureau of Public Affairs, U.S.
Dept of State (Sept. 13, 2012), http://www.state.gov/r/pa/prs/dpb/2012/09/197729.htm.
152
Id.
II-62
153
154
Id.
Id.
II-63
Press Briefing by Press Secretary Jay Carney, Office of the Press Secretary, The
White House (Sept. 14, 2012), https://www.whitehouse.gov/the-pressoffice/2012/09/14/press-briefing-press-secretary-jay-carney-9142012.
156
Email from Public Affairs Officer, U.S. Embassy Tripoli, to Spokesperson, U.S. Dept
of State et al. (Sept 14, 2012, 6:43 AM) (on file with the Committee, C05396788).
II-64
157
Id.
Schwerin Testimony at 17.
159
Email from Public Affairs Officer, U.S. Embassy Tripoli, to Spokesperson, U.S. Dept
of State et al. (Sept 14, 2012, 6:43 AM) (on file with the Committee, C05396788).
160
White House e-mails on 2012 attacks in Benghazi, Libya, Washington Post,
http://apps.washingtonpost.com/g/page/politics/white-house-e-mails-on-2012-attacks-inbenghazi-libya/157/.
158
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161
Testimony of Tripoli Chief of Station, Central Intelligence Agency, Tr. at 129-31, 189
(July, 16, 2015) [hereinafter Chief of Station Testimony] (on file with the Committee).
162
Id. at 122-123.
163
Id. at 178.
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164
The CIA told the Committee this part of the report suggests the intelligence community had no information on which to base our initial assessment that a protest preceded
the attacks on the State compound. To the contrary, a significant body of information
available immediately following the attacks indicated that there was a protest. This significant body of information, however, was almost exclusively press reporting, and with
one exception, this information was not cited in either the September 13 or September 15
WIRe pieces.
On September 16, 2012, at the direction of Michael Morell, the CIA analysts finally tackled the issue of protests head-on. They wrote: We have contradictory reporting about
whether nonviolent demonstrations occurred prior to the attack on the US Consulate. The
Stations assessment that there were no peaceful protests on the day of the attack is in
contrast to other reports that peaceful protests preceded the violent assault. As supporting evidence for this paragraph the analysts used only public news articles from the
Washington Post, Los Angeles Times, and National Public Radioall of which were at
least three days oldin addition to articles by Al Jazirah and the Guardian of London.
They did not cite any intelligence reports, instead relying on the Internet.
165
Email from [EA to DDCIA] to DIR-EAs, (Sept. 14, 2012, 8:27 AM) (on file with the
CIA, REQUEST 1-001673 to 1-001674).
II-67
Libyan Special Forces and noted that they are not as capable of
precision mortar fire as was witness [sic] on 12 September. 166
Morell explained the purpose of these Worldwide Unrest Updates:
When the unrest began across the Muslim world as a result of the
video, there was unrest, there were protests, the administration
was deeply concerned about the prospectpossibility prospect
of violence against U.S. facilities and U.S. persons. We were
having daily deputies meetings to discuss the safety of Americans and the safety of U.S. facilities overseas, two a day deputies
meetings, one in the morning and one at night.
One of the things the director and I didand I dont know which
one of us in particular didone of us asked
where there was unrest as a
result of the video to do a daily update, right? This is the daily
update from Tripoli for that day in response to that request. 167
In other words, the daily updates were done for Morell, sent to his Executive Assistants, and written for his consumption. Despite this, Morell
assumed the analysts received these updates as well. He testified:
Q: Did this actually go to the analysts?
A: I assume so. I assume so.
Q: Okay. Why would you assume it went to the analyst if it was
created for you?
A: Because I believe all the updatesthe updates were shared. I
mean, thats something we can check, okay, something we can
check.
Q: So you believe that this worldwide unrest update was shared
with you?
166
167
Id.
Morell Testimony at 111.
II-68
A: Absolutely. And something you can ask [the OTA Director]. 168
The Committee asked the OTA Director, if she received this document.
She was not aware they did. She testified:
At the time, I was not aware. I have since become aware. I believe this was part of the daily email that was being done at the
behest of DD/CIA. 169
The manager of the analysts who conducted the analysis also does not
remember seeing this email. She testified:
Q: Is this something that would have made it to your desk or
your analysts desks?
A: Not this email.
Q: Okay. Under Tripoli it says COS [Chief of Station] passed
the following update being formulated by NE now. And then
there are seven, I guess, individual updates. Those seven updates
in this format, is that something that would have been passed to
your team?
A: No, Ive never seen this.
Q: Okay. Im just trying to understand
A: Well, let me say, I dont remember seeing it. And I dont
know that my team would have passed it. I do know [Chief of
Station] was unhappy with our call on protests because 170
When asked about this specific Worldwide Unrest Update from the Chief
of Station, Morell responded:
A: So, look, the point isthe point isthe point is there is a
flood of information coming in, right, and its not my job as the
deputy director of CIA to assess all this stuff. Right?
168
Id. at 114-15.
OTA Director Testimony at 130.
170
Team Chief Testimony at 61-62.
169
II-69
Q: Right.
A: Its the job of the analyst. So Im looking at it from the perspective of, geez, is there anything here thats going to lead me
to raise questions with the analyst?
Q: Okay. And was there anything in this particular email, the
worldwide unrest update that caused you to raise questions with
the analyst?
A: So this is not thethis is not from the 14th. So, no. 171
As noted earlier, the email was sent at 8:27 a.m. on September 14, 2012.
It is unclear why Morell did not acknowledge this fact.
That afternoon, the Chief of Station also wrote an email directly to one of
the analysts in the Office of Terrorism Analysis.172 That email, in response to a request to coordinate on talking points for a phone call for
David Petraeus, Director, Central Intelligence Agency, on the Libya attack, said:
We are verifying some of the events that took place in fornt [sic]
of the State department facility with some of the embassy personnel. The RSO [Regional Security Officer] noted that he was
not aware of a protest in front of the consulate (the DOS [Department of State] facility where the Ambo and the ARSOs
were staying. (could it have been the AAmerican [sic] corner?)
We will be talking to the lead
who was in Benghazi to obtain additional background.
I also do not agree with the assessment that the attack was opportunistic [sic] in origin. The GRS Agents and
operators on the
scene noted that the fighters were moving and shooting in a fashion that indicated trainingand set them apart for the militias
fighters typically found in Benghazi. Perhaps most compelling
point was the comment by the
who noted the percise [sic] and timing of mortar fire- one short, one long
two direct hits. He noted that the Libyan special forces are unable to use mortars so effectively and that U.S. forces mortar
171
II-70
173
174
Id.
Id.
II-71
A: And my boss, my
Q: Okay. And you dont know whether or not [the OTA Director] would have sent it on further?
A: Im sure [the OTA Director] would have sent it on further.
But I dontwell, I say that. I cant be sure what any other person does. But [the OTA Director] has excellent judgment and a
whole ton of bureaucratic savvy. So 175
The Chief of Station believes the email made its way up to Morell. He
testified:
Q: Do you know how high up the contents of your email outlining your inform[ation] made it? Beyond the person at CT that
was coordinating it, do you have any idea? Did it make it to Mr.
Morell, for example?
A: I believe it made it to Mr. Morell.
Q: Okay.
A: Because this is one of the responses. The reason why I say
that
Q: Yeah.
A:it wentthis was a response. He was aware of our view that
eitherso I have allI dont have any reason to doubt it didnt
make it to him.
Q: Yeah.
A: And his questions to us were consistent that he got this specific information or something like it. 176
Morell, however, testified he does not remember receiving this email. He
told the committee:
175
176
II-72
Q: Okay. You dont believe this is something that you have ever
seen?
A: Not that I remember. 177
Drafting the Talking Points
Petraeus testified the House Permanent Select Committee on Intelligence
[HPSCI] did not ask for unclassified talking points when he met with
them on September 14, 2012, but rather he offered to provide them to the
Committee. Petraeus testified:
A: Yeah. The Ranking Member asked: What can we say about
this publicly? And so I said: Okay, well come up with something for you. And, frankly, the thinking was we could do something very quickly, give it to him, he could have it that afternoon,
and he could know what he could and could not say.
Q: So your expectations were this was something that would be
done internally at the CIA and knocked out quickly and sent over
in the afternoon?
A: Yeah, yeah. And, obviously, that would be inappropriate in
the end because it would need to be sent through the intelligence
community, so it had to be an IC. And then, of course, since its
now going to be used publicly, then the respective public affairs
offices of various organizations get involved. And then since it
has overall government implications, then you end up having to
get State and FBI. Theres security concerns and a variety of
other issues that start to get factored in. So it became quite an involved process in the end.
Q: But what was your understanding of how the process would
evolve when the tasking was first issued by HPSCI?
A: Im not sure I had a very clearyeah, staff come up with
some talking points. 178
177
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179
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Initial press reporting linked the attack to Ansar alSharia. The group has since released a statement that the
its [sic] leadership did not order the attacks, but did not
deny that some of its members were involved. Ansar alSharias facebook page aims to spread sharia in Libya
and emphasizes the need for jihad to counter what it
views as false interpretations of Islam, according to an
open source study.
The wide availability of weapons and experienced fighters in Libya almost certainly contributed to the lethality
of the attacks.
The OTA Director sent these six talking points out for coordination with
other offices within the CIA at 11:15 a.m. 183 A member of the National
182
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183
See Email from [National Clandestine Service Officer] to [Near East Division, et al.]
(Sept. 14, 2012 2:52 PM) (on file with the CIA, REQUEST17-0443 to REQUEST 170449) (sending talking points to multiple offices within the CIA).
184
Email from [National Clandestine Service Officer] to [Near East Division, et al.]
(Sept. 14, 2012 2:52 PM) (on file with the CIA, REQUEST 17-0443 to REQUEST 170449) (emphasis original).
185
Email from Dir., Office of Terrorism Analysis, Central Intelligence Agency, to [National Clandestine Service Officer] (Sept. 14, 2012 3:19 PM) (on file with the CIA, REQUEST 17-0443 to REQUEST 17-0449) (emphasis added).
II-76
A: Yes. 186
In a subsequent email, the word protests was changed to violent
demonstrations in that same bullet point.187 Those changes made it all
the way through to the final version of the talking points, survivingthe
extensive deletions made near the end of this process by Morell. 188
Shortly after this change was made, a meeting took place to discuss the
talking points. The CIAs Lessons Learned after action review described this meeting:
At some point between 4-5 p.m., a group of officers from OCA
[Office of Congressional Affairs] and OPA [Office of Public Affairs] met in OPA spaces to discuss the talking points. Those officers included C [Chief]/OCA, COS [Chief of Staff]/OCA, D
[Director]/OPA, the Chief of OPAs Media Relations Branch
and two OPA spokespersons. Their efforts, over a period of approximately 30 minutes, culminated in a revised version of the
talking points that was sent to CIA/COS and the DDCIAs [Deputy Director, Central Intelligence Agency] office by OPA at 4:42
p.m.
Participants in this group editing session agree that they did not
have a complete picture of intelligence regarding the events in
Benghazi to guide them. Group members were working under
tremendous time pressure. All agree that they were focused on
several important considerations, including ensuring that the
talking points contained no information that could compromise
sources and methods, and that nothing was said that could compromise the then-nascent FBI investigation by prematurely attributing responsibility for the attacks on any one person or
group.
The group had access to an e-mail from NCS [National Clandestine Service] noting that the original talking points statement that
186
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189
Letter from Michael Morell, Deputy Dir., Central Intelligence Agency, to Sen. Richard M. Burr, Select Committee on Intelligence, U.S. Senate, Lessons Learned From Formulation of Unclassified Talking Points re the Events in Benghazi, 11-12 September 2012
[hereinafter Lessons Learned] (Aug. 6, 2013) (on file with the Committee), at 4-5.
II-78
At some point in this process, as I know you have seen from all
this, there is a group from OPA, our Office of Public Affairs, our
Office of Congressional Affairs, and others, took the talking
points and made changes to them. And I was not consulted on
those changes. So I cannot tell you how some of these changes
took place. I was not involved. I was not consulted beforehand. 190
That change in the first bullet pointfrom attacks to demonstrationsalso survived Morells extensive edits and was in the final version of the talking points. 191
Around this same time, Morell first learned about the existence of the
talking points. He testified:
So there was a weekly meeting on Syria, followed by our threetimes-a-week meeting on counterterrorism. In between those two
meetings, the directors chief of staff walked up to me in the directors conference room and said, here, you need to see these.
You need to be aware of this, you need to get involved in this. I
said, whats this? And he explained the origin of the talking
points and he explained kind of where they were in the process. I
skimmed the talking points, and I immediately reacted to the
warning language [language indicating that five prior attacks had
ococurred in Benghazi against foreign interests]. . . .
So I say to my EA [Executive Assistant], where is this in the
process? And he said, its being coordinated. I say, okay, I will
deal with it in the morning. 192
Morell testified he did not edit the talking points that evening, nor did he
speak with anybody about them. 193 Instead, Morell edited them by himself the next morning, Saturday, September 15. He testified:
So I come in the next morning and myand the next morning,
by the way, is a deputies meeting at eight. Family day at CIA
190
II-79
194
Id. at 126-28.
II-80
195
Peter Baker et al., Diplomats Bodies Return to U.S., and Libyan Guards Recount
Deadly Riot, N.Y. TIMES (Sept. 15, 2012),
http://www nytimes.com/2012/09/15/world/middleeast/ambassadors-body-back-in-uslibya-guards-recount-riot html?_r=0.
196
Chief of Station Testimony at 218.
197
Morell Testimony at 106.
II-81
Id. at 109.
Central Intelligence Agency, Libya: Variety of Extremists Participated in Benghazi
Attacks, World Intelligence Review, Sept. 15, 2012 (on file with CIA, REQUEST 170262 to REQUEST 17-0265).
200
Id.
201
Id.
199
II-82
202
Email from Tripoli Chief of Station, Central Intelligence Agency, to [Morell Assistant] (Sept. 15, 2012) (on file with the CIA, REQUEST 15-0011 to REQUEST 15-0022).
II-83
203
II-84
209
Id. at 152-53.
See, e.g., email from Dir., Office of Terrorism Analysis, Central Intelligence Agency,
to [NE Division] (Sept. 14, 2012) (on file with the CIA, REQUEST 17-0443 to 17-0444).
210
II-85
lysts did not have the same emails Morell did from the Chief of Stationonly Morell had those.
Talking pointssomething the CIA rarely producesare different from
analytic assessments, which the CIA produces every day. Petraeus
acknowledged this when he testified:
I mean, that was where finally once itthis was notcertainly
no longer a CIA document. It wasnt even an intelligence community document, although that rightly should have been, and
thats why it went to the IC referral process, but then, of course,
you know, its going to be interagency and not everyone has got
a hand in this. 211
The talking points were understood to be viewed as representative of an
authoritative analytical assessment. As shown, however, this wast not the
caseno analysts worked on these talking points, as they were created
and edited only by senior CIA managers and other senior officials in the
administration. The distinction was never manifested on the document or
otherwise made known to those relying on, or making representations
based on, the talking points.
No process was in place to create the talking points, and no analysis was
required to create them. The only expectation was to produce accurate
information to Congress for them to share with the American people.
That being the case, Morellthe only person with the complete universe
of information at his disposalcould have edited the talking points to
reflect the most up-to-date informationor at the very least to caveat the
talking points with a reflection that different views existed. Morell did
neither of these things.
Panettawhom Morell worked for when Panetta was Director of the
CIAunderstands this concept well. He told the Committee:
The last lesson I would tell you is don't use talking points that
don't include language that makes very clear that the matter is
under investigation and that these results are only preliminary.
As former chief of staff, I've seen talking points, and I can understand how trouble can result as a result of that. I used to re-
211
II-86
view those before anybody got a hold of them to make sure that
they reflected what we wanted to inform the American people
about, because the last thing you want to do is to mislead the
American people. 212
THE SUNDAY TALK SHOWS
Perhaps as much as any other subject surrounding Benghazi, the appearance by Ambassador Rice on five Sunday morning talk shows following
the attacks has been the most politically charged. After all, it was the
fallout from her appearances that ultimately caused her to withdraw her
name as a candidateperhaps the leading candidateto be the next Secretary of State. 213 Yet little is known about why she was selected by the
administration to represent the United States government on the shows,
what she did to prepare for those talk shows, what materials she reviewed, who she spoke with to learn information about the attacks, and
most significantly why she said what she said.
It was not until two days before the shows, on Friday, September 14,
when Rice learned she would be appearing on behalf of the administration.214 She was the administrations third choice to appear on the
showsthe first being the Secretary of State and the second being Tom
Donilon, National Security Advisor to the President. 215 Rhodes was the
White House official responsible for reaching out to Rice and asking her
to appear. He testified:
A: I recall reaching out to Secretary Clinton first.
***
Q: Did you get an affirmative "no" or did you just not hear back?
212
Testimony of Leon Panetta, Secy of Defense, U.S. Dept of Defense, Tr. at 107 (Jan.
8, 2016) (on file with the Committee).
213
Karen DeYoung & Anne Gearan, Susan Rice withdraws as candidate for secretary of
state, WASH. POST (Dec. 13, 2012), https://www.washingtonpost.com/world/nationalsecurity/susan-rice-withdraws-as-candidate-for-secretary-of-state/2012/12/13/17ad344e4567-11e2-8e70-e1993528222d_story html.
214
Testimony of Susan E. Rice, former U.S. Ambassador to the U.N., Tr. at 30 (Feb. 2,
2016) [hereinafter Rice Testimony] (on file with the Committee).
215
See Rhodes Testimony at 65-66 (stating Secy Clinton and Tom Donilon were first
and second choices to appear).
II-87
216
II-88
and FoxNews Sunday to talk about Qadhafis death and the path forward
in Libya. 218
Mills testified the decision not to appear on the Sunday shows was the
Secretarys:
Q: Since the Secretary didn't appear, who made the decision that
she wasn't going to appear?
A: Well, she would always decide what she would do, if she was
going to go on a show or not go on a show.
Q: Okay. Were there recommendations that she took from you
and others, such as Philippe Reines, Jake Sullivan, others?
A: No. Candidly, the Secretary was so focused on what had happened to our team and what was happening in the region that I
don't know that there was a moment's thought about it. She didn't
often go on the shows. And she was, understandably, very concerned about how we support our teams and the losses that we
had incurred. 219
When Rhodes learned the Secretary would not represent the administration on the talk shows, he then asked Donilon to appear. 220 He also declined. 221 Rice Rhodes third choice for the taskaccepted.222 In doing so, the administration selected someone to talk to the American people about the Benghazi attacks who was neither involved in the security
of any U.S. facilities in Benghazi nor involved in any way with the oper-
218
Meet the Press transcript for October 23, 2011, NBC (Oct. 23, 2011),
http://www nbcnews.com/id/45000791/ns/meet_the_press-transcripts/t/meet-presstranscript-october/#.V1cU19UrJaQ., Clinton Warns Iran: U.S. Committed to Iraq, ABCs
This Week (Oct. 23, 2011), http://abcnews.go.com/ThisWeek/video/interview-hillaryclinton-14796369., State of the Union with Candy Crowley, CNN (Oct. 23, 2011),
http://transcripts.cnn.com/TRANSCRIPTS/1110/23/sotu.01.html., and Clinton Talks
Iraq, Libya; Sen. Graham Challenges GOP Candidates; Bachmann Focused on Iowa,
FOX News Sunday (Oct. 23, 2011), http://www foxnews.com/on-air/fox-news-sundaychris-wallace/2011/10/23/clinton-talks-iraq-libya-sen-graham-challenges-gop-candidatesbachmann-focused-iowa#p//v/1234077958001.
219
Testimony of Cheryl D. Mills, Chief of Staff to the U.S. Secy of State, U.S. Dept of
State, Tr. at 123 (Sept. 3, 2015) [hereinafter Mills Testimony] (on file with the Committee).
220
Rhodes Testimony at 66.
221
Id.
222
Id.
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ational response to the attacks. In fact, the administration selected an individual who did not even know there was a CIA presence in Benghazi,
let alone the fact that two Americans had died there. 223 She testified:
Q: Did you learn between September 11 and September 16 that
were was a CIA presence in Benghazi?
A: I thinkno. I think I learned subsequently.
***
Q: So nobody told you between the dates of September 11 and
September 16 that two of the four Americans who were killed
who were providing security actually worked for the CIA and
not the State Department?
A: Not that I recall.
Q: All right.
Q: And you learned that subsequently?
A: To the best of my recollection, I learned it subsequently. 224
In selecting Rice to appear on the Sunday talk shows, Rhodes chose an
individual with limited knowledge of, and presumably limited participation in, the administrations reponse to the Benghazi attacks. Instead,
while the attacks were happening, Rice was receivingapparently in
response to an email chain about the attack on the Benghazi Mission
compounda detailed update from staff about the number of retweets
her Twitter account had generated.225
223
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226
Email from Special Asst to the Secy of State, U.S. Dept of State, to Hillary R. Clinton (H), Secy of State, U.S. Dept of State (Sept. 14, 2012 7:29 AM) (on file with the
Committee, SCB0045306-SCB0045307).
227
Rice Testimony at 28; Mills Testimony at 138.
228
Rice Testimony at 28.
229
Rice Testimony at 26.
230
Id.
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als for Rice. 231 Rice testified she began reviewing these briefing materials on Saturday:
Q: So let's go forward todid you do anything after speaking to
Mr. Rhodes on Friday night to begin preparing?
A: No.
Q: What did you do the next morning to begin preparing?
A: I reviewed briefing materials.
Q: What briefing materials? Would that just be the same daily
briefing materials that you received in the ordinary course, or
was this different material?
A: It was both. I received my daily intelligence briefing on Saturday morning, and I also began reviewing a briefing book that
had been prepared by my staff forin preparation for the Sunday shows. 232
These briefing materials contained little to no information about the
Benghazi attacks. Pelton testified that in gathering briefing materials for
the Sunday shows she explicitly did not focus on Benghazi, anticipating
materials pertaining to Benghazi would come at a later time. She said:
Q: In your list of areas where you were attempting to collect the
latest information, you left Benghazi out. Was that intentional, or
were you just giving me some examples?
A: I don't recall preparing information about Benghazi. What I
do recall is understanding that we would have access to talking
points that would be provided by the intelligence community that
were unclassified and consistent with our latest understanding of
what had transpired in Benghazi. 233
231
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Pelton also testified she believed she would be receiving talking points
regarding Benghazi that would not require her to seek out briefing materials about Benghazi on her own:
Well, I recall that in the process of preparing Ambassador Rice
between Friday and Saturday, September 14th and 15th, that I
was not focused on Benghazi because I was going to receive
talking points that were appropriate for public use by the intelligence community. I don't remember how I came to know that I
was going to get those materials. 234
While Pelton not include any information specific to Benghazi in the
briefing book, Rice recalled other material that was in the briefing book.
She testified:
Q: As best you can, do you recall what was in that briefing book
that your staff provided?
A: I recall it included statements that other senior administration
officials had made, including the President and the Secretary. I
recall it including background Q&A and top-line themes covering the wide range of issues that we anticipated would come up
on the shows: the protests that occurred all around the world that
week; obviously, also what happened in Benghazi.
And, also, because it was one week before the opening of the
U.N. General Assembly in New York and Iran was expected to
be a prominent issue, and Prime Minister Netanyahu's visit also a
prominent issue, I recall preparing for that discussion as well. 235
The background Q&A and top line themes came from Rhodes. 236
Pelton testified about how this information came about:
A: I don't recall all the specifics of our conversation [with Ben
Rhodes]. However, I do recall at one point asking him to provide, for lack of a better term, a memo regarding the objectives
of the Sunday show appearances.
Q: How did he respond to you?
234
Id.
Rice Testimony at 33.
236
Rhodes Memo, supra note 3.
235
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237
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241
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244
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At the time of her appearance on the talk shows, it had been announced
the FBI would take the lead on the investigation into finding out what
had occurred. 252 The Department of Defense, along with White House
operators, had been involved in sending troops towards Libya while the
attacks were ongoing, and analysts from the Central Intelligence Agency
had taken the lead on post-attack analysis of intelligence. The State Department had its compound in Benghazi attacked and, as such, it was the
principal source of information from eyewitnesses to the attack. The fact
that no individuals from either the Defense Department or White House
operators participated in the Saturday prep call therefore limited the information pertaining to Benghazi provided to Rice. Moreover, it does not
appear Rice sought out any information about the attacks or worked to
ensure that she had a full understanding of the events outside of the talking points she was provided.
In addition, multiple witnesses testified Benghazi was barely mentioned
on the prep call. This inattention is consistent with the lack of information pertaining to Benghazi in the briefing materials. Instead, Rhodes
commented on the call that the CIA was preparing unclassified talking
points pertaining to Benghazi, with the understanding that the talking
points would be shared with Rice when they were completed.253 Rice
testified:
A: I don't recall us talking about the CIA talking points. I recall
being reminded that they were forthcoming and that we would be
relying on them because they had been prepared for Members of
Congress and they were our best distillation of what we knew at
the time.
Q: Okay. Who told you that?
A: I'm not certain, but I believe it was Ben. And so we didn't talk
about Benghazi, in fact, on the phone call, as I remember. We
just said that those were the points.
Q: Let's go into that a little bit more. If I understood you correctly, you said during this prep call for the Sunday talk shows you
did not talk about the attacks in Benghazi at all. Is that correct?
252
U.S. launching apparent terrorist hunt in Libya, CBS NEWS (Oct. 18, 2012),
http://www.cbsnews.com/news/us-launching-apparent-terrorist-hunt-in-libya/.
253
Rice Testimony at 39-40, and Rhodes Testimony at 76-78.
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254
255
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Rice took umbrage when she was confronted with the suggestion that her
role was to simply parrot the talking points provided to her, testifying:
A: Sir, as I said earlier, I did not have any knowledge of how
these talking points were edited.
***
Q: I understand. So you were just the spokesman. You had been
given something, and they told you: Go on out there and do your
duty and repeat what you were provided.
A: No sir. I was also a member of the President's Cabinet and the
National Security Council. I was a recipient of the most refined
intelligence products. And I satisfied myself that what I had been
asked to say in the unclassified points were consistent with what
I had received in intelligence channels. Otherwise, I wouldn't
have said it. 256
While Rice is mostly correct in noting the unclassified talking points
were consistent with what she had received through intelligence channels, there was one major difference, as discussed above. What Rice received through intelligence channels said The currently available information suggests that the attacks in Benghazi were spontaneously inspired
by protests at the US Embassy in Cairo and evolved into a direct assault
against the US diplomatic post in Benghazi and subsequently its annex. 257 Yet the unclassified talking points said The currently available
information suggests that the demonstrations in Benghazi were spontaneously inspired by protests at the US Embassy in Cairo and evolved into
a direct assault against the US diplomatic post in Benghazi and subsequently its annex. 258 That changefrom attacks to demonstrationssignificantly altered the meaning of the entire sentence.
256
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In her interview before the Committee, Rice maintained the claim that
the talking points were similar to the analysis. In fact she had reviewed
the two documents side by side very recently. 259 She testified:
Q: And do you know how closely those products mirrored that
bullet point?
A: Virtually identical but not verbatim.
Q: Okay. And do you know, if it was not verbatim, what the differences were between what you read
A: I can't tell you precisely, but if youI do recall looking at
them side-by-side and being comfortable that they werewell,
at the time, I didn't look at them side-by-side, but I knew from
having seen intelligence as early as that previous morning, Saturday morning, that this was very consistent with our latest information.
Q: And you have since looked at them side-by-side?
A: Yes.
Q: And you're still comfortable that what was in the intelligence
is virtually identical to what's in that bullet point?
A: Yes.
Q: And do you recall how recently you looked at them
side-by-side?
A: Very recently.
***
Q: Sure. My question is you said that you looked at them recently side-by-side, correct?
A: Yes.
259
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Q: And you were comfortable that what was in the finished intelligence is reflected here in this bullet point.
A: Yes.
Q: Okay. And did you recognize any differences between, looking at them side-by-side, what you saw in the intelligence versus
what's in the bullet point?
A: Okay. So let me be precise. What's in this bullet point closely
mirrored a similar paragraph in the finished intelligence product
that I received at the same time. I'm not saying this is the sum total of what I saw.
Q: Sure. And you say it closely resembled or closely mirrored.
My question is, what are the differences between what you reviewed and what's in here?
A: I don't recall any substantive differences.
Q: And you looked at this recently?
A: Yes. 260
Despite the precision by Rice and the fact she had compared the documents side by side very recently, attacks and demonstrations are
fundamentally different words with fundamentally different meanings.
The specific language Rice received through intelligence channels relating to the attacks here was accurate, and what she read from the talking
points based on demonstrations was not. The fact she testified she did not
recall any substantive differences does not mean no substantive differences existed.
What Rice Said on the Shows
Despite Rices limited knowledge about the Benghazi attacks when she
appeared on the Sunday talk shows, some of her comments were conclusory, some were based neither in evidence nor fact, and some went well
beyond what even the flawed talking points indicated. Two months after
she appeared on the talk shows, she stated publicly:
260
Id. at 49-51.
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261
Krishnadev Calamur, Susan Rice Says Benghazi Claims Were Based On Information
From Intelligence, NPR (Nov. 21, 2012), http://www npr.org/sections/thetwoway/2012/11/21/165686269/susan-rice-says-benghazi-claims-were-based-oninformation-from-intelligence.
262
Id. (When discussing the attacks against our facilities in Benghazi, I relied solely and
squarely on the information provided to me by the intelligence community.)
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263
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Magariaf in New York City that he was still angry at Ambassador Rice well after the incident.
You know, the Libyan Government doesn't have a deep bench.
President, Prime Minister, Deputy Prime Minister, Minister. After that, nah, not much there. Some ministries, yeah, you can
goit goes three deep, it goes down three layers. Most ministries it's just the Minister. So if the President of the country isn't
behind something, it's going to be pretty hard to make it happen.
And I firmly believe that the reason it took us so long to get the
FBI to Benghazi is because of those Sunday talk shows. And,
you know, frankly, we never, ever had official approval from the
Libyan Government to send the FBI to Benghazi. We stitched
together a series of lower-level agreements to support from relevant groups, and we sat around in the meeting and we said, well,
guys, this is as good as it gets in Libya. And we looked at the
legat [legal attach] and said, call it in, this is your shot. Call it in
to D.C. and see if they're readyif they're willing to send a
team. And that's howthat's how the FBI got to Benghazi. 267
In her interview with Bob Schieffer, Rice also discussed the FBI investigation. She said:
Q: Madam Ambassador, he says this is something that has been
in the planning stages for months. I understand you have been
saying that you think it was spontaneous? Are we not on the
same page here?
A: Bob, let me tell you what we understand to be the assessment
at present. First of all, very importantly, as you discussed with
the President, there is an investigation that the United States
government will launch led by the FBI, that has begun andQ: (overlapping) But they are not there.
A: They are not on the ground yet, but they have already begun
looking at all sorts of evidence of of various sorts already
available to them and to us. And they will get on the ground and
continue the investigation. So we'll want to see the results of that
267
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268
Face the Nation transcripts, September 16, 2012: Libyan Pres. Magariaf, Amb.
Rice and Sen. McCain, CBS NEWS (Sept. 16, 2012), http://www.cbsnews.com/news/facethe-nation-transcripts-september-16-2012-libyan-pres-magariaf-amb-rice-and-senmccain/.
269
Talking Points Timeline, ABC NEWS,
http://abcnews.go.com/images/Politics/Benghazi%20Talking%20Points%20Timeline.pdf
(last visited May 17, 2016).
270
See, e.g., Krishnadev Calamur, Susan Rice Says Benghazi Claims Were Based On
Information From Intelligence, NPR (Nov. 21, 2012),
http://www npr.org/sections/thetwo-way/2012/11/21/165686269/susan-rice-saysbenghazi-claims-were-based-on-information-from-intelligence.
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271
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U.S. governmentand once it became available, it impeached many aspects of the administrations initial assessment about the attacks.
Other evidence available to the Bureau at the time of Rices Sunday
morning talk show appearances would have included eyewitness accounts from both State Department and CIA witnesses who survived the
attacks. The administration either did not avail itself of these eyewitness
accounts or completely ignored what these witnesses had to say. These
accounts would contradict most of the administrations initial public
statements about both the existence of a protest and a link between the
attacks in Benghazi and an internet video.
Rice invoked the name of a premiere law enforcement agency, indicated
all sorts of evidence was available to them and then proceeded to recite
talking points that would later be utterly impeached by the information
that was gathered by the Bureau. Currently, the FBIs investigative position is reflected in both the charging instrument in U.S. v. Ahmed Abu
Khattalah as well as various pre-trial motions. Instead of validating
Rices comments, the FBIs current assessment of what happened in
Benghazi is closer to being the opposite of what Rice described on national television.
When discussing the spontaneity of the attack, Rice also used definitive
language about what had transpired. Such definitive language was not
consistent with the HPSCI talking points. She had the following exchange with the Chairman about that comment:
Q: "Our best current assessment, based on the information that
we have at present, is that, in fact, what this began as, it was a
spontaneous"what did you mean by "in fact"?
A: What I meant was that what we understood to be the case at
the time was as I described. It was spontaneous, not premeditated, et cetera.
Q: But why would you use thewhy would you use the phrase
"in fact"? Ranking Member Schiff took great pains to talk about
all the qualifying language that you used. "In fact" strikes me as
being more definitive than qualifying language.
A: Given all the qualifiers that I put in here, I was not trying to
convey that what I was saying was the last and final word on
this.
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272
Id. at 101-102.
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had nothing to do with, which we have made clear is reprehensible and disgusting. We have also been very clear in saying that
there is no excuse for violence, there isthat we have condemned it in the strongest possible terms.
But let's look at what's happened. It's quite the opposite of being
impotent. We have worked with the governments in Egypt. President Obama picked up the phone and talked to President Morsi
in Egypt. And as soon as he did that, the security provided to our
personnel in our embassies dramatically increased.273
In her comments, Rice stated what happened this week in Cairo, in
Benghazi, in many other parts of the region . . . was a resulta direct
resultof a heinous and video that was widely disseminated. 274 Nowhere in the HPSCI talking pointswhich Rice said she relied on solely and squarelyis there a mention of a direct link to the video. In fact,
there is no mention of a link to a video at all, and the Committee is not
aware of any mention of a direct link to the video in any intelligence
Rice reviewed prior to her appearance on This Week. In mentioning a
direct link to the video, Rice strayed far beyond her talking points and
provided incorrect information.
Rice told the Committee she was not trying to use the talking points here,
and may have misspoke. She testified:
Q: Okay. We will go through those transcripts. But to the extent
you were linking Benghazi and suggesting that there were protests there, your statementand tell me if you disagree with
thisyour statement that what occurred in Benghazi was a result, and then for emphasis you say "a direct result," of the heinous and offensive video." I mean, do you believe that you went
a little bit beyond what was in the talking points in making that
statement?
A: I wasn't even trying to utilize the talking points here. I was
talking about what had happened around the world. That's what I
meant to be focused on.
273
This Week Transcript: U.S. Ambassador to the United Nations Susan Rice, ABC
News (Sept. 16, 2012), http://abcnews.go.com/Politics/week-transcript-us-ambassadorunited-nations-susan-rice/story?id=17240933.
274
Id.
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275
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278
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Q: Okay.
A: I knew that two of the people who had been killed were there
in a security capacity.
Q: Okay. But in terms of "substantial security presence," to you
that means more than one individual?
A: It meansit cancertainly means more than one. But it
doesn't meanI wasn't trying to say it means 10, it means 20, it
means 50. It was substantial.
Q: Is "substantial security presence" more than one? Is thatin
all situations, does a substantial security presence mean more
than one, or are you referring specifically to Benghazi in this
case?
A: I was referring to Benghazi.
Q: Okay.
A: But I was also making the point, as you'll see subsequently,
that it obviously didn't prove sufficient to the attack.
Q: Okay. So I just want to make sure I'm clear. "Substantial security presence," in your mind, can mean two individuals.
A: I didn't say that.
Q: You said more than one.
A: I said more than one, more than twowe can keep going. I
didn't mean to imply. 281
Rice was mistaken again in stating there were State Department security
contractors in Benghazi. The security contractors who died in the Benghazi attacks worked for the CIAand their job was to protect the CIA
facility in Benghazi, not the State Department facility. Rice, whether intentionally or negligently, presented misleading information about the
size of the security presence at the State Department facility in Benghazi.
281
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282
Amb. Susan Rice, Rep. Mike Rogers discuss violence against Americans in the Middle
East, FOX NEWS SUNDAY (Sept. 16, 2012), http://www foxnews.com/on-air/fox-newssunday-chris-wallace/2012/09/16/amb-susan-rice-rep-mike-rogers-discuss-violenceagainst-americans-middle-east#p//v/1843960658001.
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283
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285
286
Id.
Id.
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287
288
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289
Amb. Susan Rice, Rep. Mike Rogers discuss violence against Americans in the Middle
East, FOX NEWS SUNDAY (Sept. 16, 2012), http://www foxnews.com/on-air/fox-newssunday-chris-wallace/2012/09/16/amb-susan-rice-rep-mike-rogers-discuss-violenceagainst-americans-middle-east#p//v/1843960658001.
290
Rice Testimony at 125.
291
See Amb. Susan Rice, Rep. Mike Rogers discuss violence against Americans in the
Middle East, FOX NEWS SUNDAY (Sept. 16, 2012), http://www.foxnews.com/on-air/foxnews-sunday-chris-wallace/2012/09/16/amb-susan-rice-rep-mike-rogers-discussviolence-against-americans-middle-east#p//v/1843960658001.
292
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294
Amb. Susan Rice, Rep. Mike Rogers discuss violence against Americans in the Middle
East, FOX NEWS SUNDAY (Sept. 16, 2012), http://www foxnews.com/on-air/fox-newssunday-chris-wallace/2012/09/16/amb-susan-rice-rep-mike-rogers-discuss-violenceagainst-americans-middle-east#p//v/1843960658001.
295
Meet the Press September 16: Benjamin Netanyahu, Susan Rice, Keith Ellison, Peter
King, Bob Woodward, Jeffrey Goldberg, Andrea Mitchell, NBC News (Sept. 16, 2012),
http://www nbcnews.com/id/49051097/ns/meet_the_press-transcripts/t/september-
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At the time of her appearance, Rice should have known what transpired
in Benghazi was not a copycat of what had transpired in Cairo. On
September 11, the day of the Cairo demonstrations and Benghazi attacks,
she received frequent email updates about both events. 296 Additionally,
Rice received daily intelligence briefings from the CIA, and she received
a briefing each day from September 12 to September 15. Out of scores
and scores of intelligence products pertaining to Benghazi provided to
the Committee, not a single one said what transpired in Benghazi was
almost a copycat of what transpired in Cairo. 297
Rice acknowledges that nowhere in the talking points was information
indicating the Benghazi attack was a copycat of the Cairo protest. She
testified:
Q: Now, you would agree with me that nowhere in the CIA talking points does it describe what occurred in Benghazi and what
occurred in Cairo as almost a copycat of each other? You would
agree with me on that?
A: I would agree with you on that.
Q: So would you also agree with me that describing what occurred in Benghazi as almost a copycat of Cairo was really overstating what was known at the time and certainly overstating
what was in the talking points?
benjamin-netanyahu-susan-rice-keith-ellison-peter-king-bob-woodward-jeffrey-goldbergandrea-mitchell/#.Vzozl_krJaQ.
296
See, e.g., Email from U.S. Dept of State, to Susan E. Rice, U.S. Ambassador to the
U.N. et al. (Sept. 11, 2012, 7:55 PM) (on file with the Committee, C05390691); Email
from Senior Advisor to the U.S. Permanent Representative to the U.N., U.S. Mission to
the U.N., to Susan E. Rice, U.S. Ambassador to the U.N., et al., (Sept. 11, 2012, 6:41
PM) (on file with the Committee, C05561948); and Email from Senior Advisor to the
U.S. Permanent Representative to the U.N., U.S. Mission to the U.N., to Susan E. Rice,
U.S. Ambassador to the U.N. et al. (Sept. 11, 2012, 11:53 PM) (on file with the Committee, SCB0051721).
297
Meet the Press September 16: Benjamin Netanyahu, Susan Rice, Keith Ellison, Peter
King, Bob Woodward, Jeffrey Goldberg, Andrea Mitchell, NBC News (Sept. 16, 2012),
http://www nbcnews.com/id/49051097/ns/meet_the_press-transcripts/t/septemberbenjamin-netanyahu-susan-rice-keith-ellison-peter-king-bob-woodward-jeffrey-goldbergandrea-mitchell/#.Vzozl_krJaQ.
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298
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mentions both countries twice in the lead-in to his question. Rice responds and says to put this in perspective . . . this is a response to aa
very offensive video. Its not the first time American facilities have come
under attack in the Middle East . . . 300 She does not distinguish what
happened in Libya to what happened in Egypt in her response, and ties
the video to both incidents. After a brief interjection by Gregory, Rice
mentions providing aid to both Libya and Egypt. 301 Nowhere in Rices
comments is Libya distinguished from Egypt, indicating she did not intend for her comment about the video to apply to just Egypt, but rather
both countries.
STATE OF THE UNION
On State of the Union, Rice spoke of the number of attackers at the Benghazi Mission compound. Nowhere in the talking pointson which she
said she solely and squarely reliedis there any mention of the number
of protesters. Rice said:
Q: But this was sort of a reset, was it not? It was supposed to be
a reset of U.S.-Muslim relations?
A: And indeed, in fact, there had been substantial improvements.
I have been to Libya and walked the streets of Benghazi myself.
And despite what we saw in that horrific incident where some
mob was hijacked ultimately by a handful of extremists, the
United States is extremely popular in Libya and the outpouring
of sympathy and support for Ambassador Stevens and his colleagues from the government, from people is evidence of that . .
. 302
In her interview with the Committee, Rice acknowledged this information was not in the talking points and was unsure where she got the
information about the number of attackers. She testified:
Q: Now, you respond, "And indeed, in fact, there had been substantial improvements. I have been to Libya and walked the
streets of Benghazi myself. And despite what we saw in that horrific incident where some mob was hijacked ultimately by a
300
Id.
See Id.
302
State of the Union with Candy Crowley Interview with Susan Rice, CNN (Sept. 16,
2012), http://transcripts.cnn.com/TRANSCRIPTS/1209/16/sotu.01 html.
301
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303
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the audience a sense that only a very small number of people were angry
enough to attack the U.S. facility. Had Rice said more than a handful
of people attacked the compoundwhich video evidence shows to be the
caseshe may have conveyed more widespread problems in Libya, potentially raising the very policy questions Rhodes strove so specifically
to avoid in his September 14 briefing memo. 304
While Rice was on message in the following clause of the sentence
the United States is extremely popular in Libya, indicating a successful
Libya policyunfortunately, the United States evacuated its embassy in
Tripoli in July 2014 and today does not have an official diplomatic presence in Libya.
REACTIONS TO THE SUNDAY SHOWS
The reaction to Rices comments on the Sunday talk shows was as divided as it was quick. Many felt Rice presented information not based in
fact, while others believed she simply stuck assiduously to the talking
points she had been given.
Off The Reservation on Five Networks!
Even though the Secretary did not appear on the Sunday talk shows, she
monitored what Rice said on those shows. As the transcript for each
show became available late Sunday morning into early Sunday afternoon, Sullivan sent a copy of the transcript to the Secretary with an accompanying note. The first transcript he sent her was from This Week.
Sullivan wrote:
Here is Susan on this week. She wasnt asked about whether we
had any intel. But she did make clear our view that this started
spontaneously and then evolved. The only troubling sentence relates to the investigation, specifically: And well see when the
investigation unfolds whether what waswhat transpired in
Benghazi might have unfolded differently in different circumstances. But she got pushed there.
304
See Rhodes Memo, supra note 3 ([T]hese protests are rooted in an Internet video, and
not a broader failure of policy.).
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305
Email from Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, to Hillary R. Clinton, Secy of State, U.S. Dept of State (Sept. 16, 2012,
12:22 PM) (on file with the Committee, SCB0045373).
306
Id.
307
Id.
308
Email from Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, to Hillary R. Clinton, Secy of State, U.S. Dept of State (Sept. 16, 2012,
2:38 PM) (on file with the Committee, SCB0045387).
309
Email from Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, to Hillary R. Clinton, Secy of State, U.S. Dept of State (Sept. 16, 2012,
2:36 PM) (on file with the Committee, SCB0045390).
310
Email from Secy Clinton to Mr. Sullivan (Sept. 16, 2012, 2:39 PM) (on file with the
Committee, SCB0045390).
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and that the Secretary of Defense has deployed forces to several areas to
protect U.S. personnel.
Almost immediately after Rices appearance on the shows, Pelton highlighted conflicting statements between Rice and Libya President elMagariaf. At 9:41a.m. on Sunday, September 16, 2012 she wrote to
Rhodes and others on the White House communications team:
They open w Libyan President who says no doubt attack preplanned/predetermined. Says planned by foreigners. Says maybe
better for FBI to stay away a little while though they need their
help w investigation. She said in all other shows that no evidence
this was premeditated, as we discussed. Just fyi. 311
Pelton testified as to why she sent this email:
Q: Do you recall having drafted this email?
A: Yes.
Q: And what was thewhy did you write this email?
A: I wrote this email to alert Ben that what the Libyan President
had said on CBS was inconsistent with what Ambassador Rice
had said on the other shows that we had already taped.
Q: Did that inconsistency concern you?
A: No.
Q: Why not?
A: Because what Ambassador Rice said reflected the best information that we had at the time. 312
This email reflects the shortcomings of Rices preparation for the Sunday
shows, which was reflected in some of her comments. As described
311
Email from Erin Pelton, Dir. of Communications and Spokesperson, U.S. Mission to
the U.N., to Dagoberto Vega, Special Asst to the President and Dir. of Broadcast Media,
White House, and Benjamin J. Rhodes, Deputy Natl Security Advisor for Strategic
Communications, Natl Security Council (Sept. 16, 2012, 9:41 AM) (on file with the
Committee, C05622905).
312
Pelton Testimony at 114-15.
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above, on her Saturday prep call were people from her office and the
White House messaging team. No subject matter experts about Benghazi
were on the call nor was anybody from the intelligence community. Pelton wrote no evidence this was premeditated, as we discussed 313
likely indicating a discussion of this topic on the phone call the day before. This is a significant difference from simply saying the current assessment does not indicate that this was premeditated. In fact, as noted
above,
intelligence existed at that point indicating the attack may have in fact been premeditated. 314
Rices comments on the Sunday talk shows were met with shock and
disbelief by those closest to the facts of the situation. Subject matter experts with direct knowledge of the attacks expressed immediate concern
about what Rice had said on the showsand potential fallout as a result.
Hickspossibly the last person to talk with Stevens, and the highest
ranking U.S. official in Libya on Sunday September 16, 2012said he
was not asked for any information in advance of Rices appearance on
the show. He testified:
Q: You became the charge on
A: September 12th, 3 a.m.
Q: And you are the senior U.S. official, senior diplomat in country starting September 12th. And you've testified you had constant contact with Washington. So, are youas I understand
what you are saying, before the Sunday showseries of appearances on the Sunday shows, you were not part of the preparation
and planning?
A: That's correct. I was not.
Q: You didn't get a chance to review talking points?
313
Email from Ms. Pelton to Mr. Vega and Mr. Rhodes (Sept. 16, 2012, 9:41 AM) (on
file with the Committee, C05622905).
314
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315
II-133
State, Deputy Dir. for the Office of Press and Public Diplomacy, Bureau of Near Eastern
Affairs, U.S. Dept of State & Deputy Dir. for Maghreb Affairs, U.S. Dept of State
(Sept. 17, 2012, 2:16 PM) (on file with the Committee, C05580618).
318
Email from
to
,
&
(Sept. 17,
2012, 2:18 PM) (on file with the Committee, C05580618).
319
Email from
to
,
&
(Sept. 17,
2012, 2:17 PM) (on file with the Committee, C05580618).
320
Email from
to
,
&
(Sept. 17,
2012, 2:19 PM) (on file with the Committee, C05580618).
II-134
testing, an RPG might necessarily not be the first thing you grab
next to your car keys. 321
The Deputy Director, Office of Maghreb Affairs, State Department, was
surprised of the connection made to the video. She testified:
Q: Do you recall having any discussions with NEA about the
substance of what was said on the talk shows and whether there
was an agreement or disagreement with what was conveyed?
A: Yes, ma'am. I recall that I was a little bit surprised. The description of what was saidand, again, I didn't watch the program myselfit just sounded more definitive of what potentially
had happened. But, again, I didn't watch the show myself, and I
didn't read the full transcript. I was too busy that day to do that.
Q: When you say you're a bit surprised, what were you surprised
regarding?
A: I was surprised in the way that they were described in the
press clips, that there was an indication that there was some connection to the anti-Muslim video of concern that had been circulating online, that there was some connection to that. In the press
clips that I read, I remember seeing, likeokay.
Q: And I think, before, you just said that that was a pretty definitive statement.
A: In the way that I saw it excerpted in the press clips, it seemed
like the connection had been made to the video more definitively. 322
Diplomatic Security Agent 30, Diplomatic Security Command Center,
State Department, was in the Diplomatic Security Command Center
while the attacks transpired and aware of real-time information coming
straight from Benghazi during the attack, was asked if there was any riot-
321
Testimony of Deputy Dir. for the Office of Press and Public Diplomacy, Bureau of
Near Eastern Affairs, U.S. Dept of State, Tr. at 96-97 (Oct. 9, 2015) (on file with the
Committee).
322
Testimony of Deputy Dir. for Maghreb Affairs, U.S. Dept of State, Tr. 33-34 (Dec.
17, 2015) (on file with the Committee).
II-135
ing in Benghazi reported prior to the attack. His response was: Zip,
nothing nada.323
Circling the Wagons
While many lower- and mid-level State Department employees in contact with the Embassy in Tripoli believed Rice went too far on the talk
shows, senior officials at the State Department and White House did not
appear to share that sentiment. Instead, these senior officials appeared
concerned more about supporting Rices statements and ensuring any
future statements on the attacks were disciplined than ensuring they were
reflective of what had actually transpired.
The day after Rices appearance, The Deputy Director, Office of Maghreb Affairs sent an email summarizing a meeting with McDonough.
She wrote:
DNSA McDonough apparently told the SVTS [Secure Video
Teleconference] group today that everyone was required to shut
their pieholes about the Benghazi attack in light of the FBI investigation, due to start tomorrow. 324
McDonoughs comments about the FBI investigation starting the following day stand in stark contrast with Rices statements the day before that
the FBI had already begun collecting all sorts of evidence in their investigation and had a lead. In addition, McDonoughs remark about
not commenting in light of the FBI investigation directly address the issue that Sullivan raised with the Secretary the day beforethe troubling
sentence by Rice that the FBI investigation could uncover Benghazi
might have unfolded differently in different circumstances from other
protests across the Middle East. 325
That same day, during her daily press briefing, Nuland was asked by reporters to comment on the Benghazi attacks even though there was an
FBI investigation. Nuland attempted to address the dichotomy between
323
Email from Diplomatic Security Agent 30 (Sept. 18, 2012, 1:16 PM) (on file with the
Committee, C05390678).
324
Email from Deputy Dir. for Maghreb Affairs, U.S. Dept of State, to James N. Miller,
Under Secy of Defense for Policy, U.S. Dept of Defense (Sept. 17, 2012, 6:52 PM) (on
file with the Committee, C05580200).
325
Email from Mr. Sullivan to Secy Clinton (Sept. 16, 2012, 12:22 PM) (on file with the
Committee, SCB0045373).
II-136
II-137
326
Daily Press Briefing by Spokesperson Victoria Nuland, Bureau of Public Affairs, U.S.
Dept of State (Sept. 17, 2012), http://www.state.gov/r/pa/prs/dpb/2012/09/197821.htm
[hereinafter Nuland Sept. 17 Briefing].
327
Id.
II-138
328
Id.
Email from Media Spokesperson, Central Intelligence Agency, to Tommy Vietor,
Natl Security Spokesperson, Natl Security Council (Sept. 17, 2012, 4:01 PM) (on file
with the Committee, C05562137).
330
Id.
329
II-139
what Rice said and what State and WH said early on regarding
preplanned attack. 331
Nuland appears to have followed that guidance. In her daily press briefing later that day, Nuland said:
Q: Any more information on the investigation, on the timeline?
There continues to be some question about whether the protests
had all but dissipated before the attack in Benghazi began, or
whether or not the protest was robust and ongoing and this attack
at least used it for cover. And there also continue to be, frankly,
some apparent differences between the characterization here that
it was a coordinated attack and Ambassador Rices assertion that
it basically kind of grew out of the protest.
A: Well, on your last point, I spoke to this extensively yesterday,
making clear that Ambassador Rice was speaking on behalf of
the government with regard to our initial assessments. I dont
have any more details beyond those that weve already shared,
and I dont expect to because I think all of the information is going to go to the FBI for their investigation, and when theyre
completed, then well have more information.
Q: The idea that it grewthat the protest may have been used as
cover, can you say whether or not the protest had basically dissipated when the attacks began?
A: I personally have no more information than what Ive given
you, and I dont think that we as a government will be talking
about these details until the FBI has completed its investigation
so that we dont prejudice it. 332
Carney also held a press briefing on September 18. During that briefing,
he was asked about the conflict between Libyan officials and the administration as to what transpired in Benghazia conflict on full display on
Face the Nation when Rice contradicted the Libyan President. Carney,
331
II-140
like Rice on the talk shows, also connected the protests and violence
across the region with the Benghazi attacks, linking the video to both
events. He said:
Q: I wanted to go back to the conflict betweenthe conflicting
reports I guess between the administration and Libyan officials
over what happened. On Friday, you seemed to cite that the videos were definitely part of it, but I get the sense that you're backing away from that a little bit today. Is there something that
you've learned since?
A: No, no. I think what I am making clear and what Ambassador
Rice made clear on Sunday is that reaction to the video was the
precipitating factor in protests in violence across the region. And
what I'm also saying is that we havewe made that assessment
based on the evidence that we have, and that includes all the evidence that we have at this time.
I am not, unlike some others, going to prejudge the outcome of
an investigation and categorically assert one way or the other
what the motivations are or what happened exactly until that investigation is complete. And there are a lot of suppositions based
on the number of weapons and other things about what really
happened in Benghazi and I'd rather wait, and the President
would rather wait, for that investigation to be completed.
Q: So you're not ruling out that
A: Of course not. I'm not ruling outif more information comes
to light, that will obviously be a part of the investigation and
we'll make it available when appropriate. But at this time, as
Ambassador Rice said and as I said, our understanding and our
belief based on the information we have is it was the video that
caused the unrest in Cairo, and the video and the unrest in Cairo
that helpedthat precipitated some of the unrest in Benghazi
and elsewhere. What other factors were involved is a matter of
investigation.333
333
Press Briefing by Press Secretary Jay Carney, The White House (Sept. 18, 2012),
https://www.whitehouse.gov/the-press-office/2012/09/18/press-briefing-press-secretaryjay-carney-9182012.
II-141
Eight days after the attacks, on September 19, 2012, the Special Assistant
to the Spokesperson, State Department, sent Nuland an email, possibly in
response to a press inquiry, regarding Rices statements regarding security personnel on the Sunday shows. He wrote:
This is the only piece I can find that could possibly be construed
as the two security officials being there w/ responsibility to protect the mission compound vice the annex. From the FOX News
Sunday interview 334
Also on September 19,, 2012, Sullivan drafted an ALDACa worldwide cable to all U.S. embassiesapproved by the Secretary in which
guidance was given on outreach and messaging about the widespread
violence in the Middle East. 335 The cable continued to connect the attacks with the video:
Since September 11, 2012, there have been widespread protests
and violence against U.S. and some other diplomatic posts across
the Muslim world. The proximate cause of the violence was the
release by individuals in the United States of the video trailer for
a film that many Muslims find offensive. Diplomatic compounds
have been breached in several countries including Libya, Egypt,
Tunisia, and Yemen. In Benghazi, Libya four
U.S. personnel were killed in the violence[.] 336
Even as late as September 20, 2012, Nuland was still supporting the
claims made by Rice on the talk shows. When reporter Jennifer Rubin
asked Nuland to comment on a CBS news report that there was NO protest outside Libya embassy, Nuland responded, Off: this does not
square with our info. 337
In the week following her appearances on the Sunday talk shows, Rice
remained publicly silent about her comments. Privately, however, she
334
Email from Special Asst to the Spokesperson, U.S. Dept of State, to Victoria J. Nuland, Spokesperson, U.S. Dept of State (Sept. 19, 2012, 5:20 PM) (on file with the
Committee, SCB0052773).
335
Email from Special Asst to the Deputy Chief of Staff and Dir. of Policy Planning,
U.S. Dept of State, to SWO-Cables (Sept. 19, 2012, 7:13 PM) (on file with the Committee, SCB0052812-SCB0052813).
336
Id.
337
Email from Victoria J. Nuland, Spokesperson, U.S. Dept of State, to Jennifer Rubin
(J Rubin) (Sept. 20, 2012, 9:59 AM) (on file with the Committee, C05412001).
II-142
338
II-143
II-144
Q: Right.
A: We are focused on who was responsible for this attack. At
this point, I would say is that a number of different elements appear to have been involved in the attack, including individuals
connected to militant groups that are prevalent in eastern Libya,
particularly in the Benghazi area, as well. We are looking at indications that individuals involved in the attack may have had
connections to al-Qaida or al-Qaidas affiliates; in particular, alQaida in the Islamic Maghreb.
Q: Right. So that question has not been determined yetwhether
it was a militantor a Libyan group or a group associated with
al-Qaida influence from abroad.
A: Thats right. And I wouldI would add that whatthe picture that is emerging is one where a number of different individuals were involved, so its not necessarily an either/or proposition.
Q: OK. OK, good, well
A: Again, as you know, the FBI is leading the investigation and
thats ongoing. 339
Olsens testimony that what had transpired in Benghazi was a terrorist
attack and that there may be links to al-Qaida was the first time an administration official had stated either of those facts publicly. He said the
attacks were opportunistic and did not mention anything about a video.
Olsen responded to Chairman Joseph I. Liebermans questions directly,
concisely, confidently, and factually. He did not couch his language,
speculate, or go beyond the facts he knew. Additionally, what he said
was accurate. Such fact-centered testimony stands in stark contrast to
Rices appearances on the talk shows.
Olsen told the Committee he wanted to talk about the connection to alQaida at the Senate hearing; a possible al-Qaida connection was a large
339
II-145
factor in the post-attack analysis occurring within the intelligence communitya fact the IC had known for nearly a week. 340 Olsen testified:
But my thought at the time was this is not overly sensitive, and it
is the kind of information that I was concerned, if we didntif I
didnt say this in response to a question about who was responsible for this attack, it would be an omission that would be glaring
in theyou know, as, on, Congress Members, themselves, were
aware of this, right? Some of them serving on HPSCI or SSCI
may well have seen the reporting. So it seemed to me the right
thing to do to avoid being, you know, viewed as not being as
forthcoming as I could be, even if it went beyond what had been
publicly stated.
So that was my thinking at the time, why I thought that that was
an important point to make and why I actually focused on it in
advance of the hearings, so that folks would know that I was going to say it.341
Olsen knew at the time the administration had yet to publicly tie al-Qaida
to the Benghazi attacks. As such, he directed his head of legislative affairs to alert other Executive Branch agencies that he would likely make
the connection at the hearing. 342 Meehan emailed Nuland about this possibility on the morning of the hearing. In an email with the subject
Change of Language per the callperhaps an indication of coordination between how the White House and State Department were going to
respond to press inquiries that day about BenghaziMeehan wrote:
I am rushing to Jays prep, and will circle up with the broader
group after. But wanted to flag that Matt Olsen from NCTC will
be on the Hill this morning Wanted to flag that IF ASKED,
Matt will use the line:
There are indications some of the extremists involved in the attack may be linked to al-Qaida or its affiliates, but this assessment may change as additional information is collected and analyzed. In eastern Libya there are numerous armed groups, some
of whom have al-Qaida sympathies.
340
Olsen Testimony at 55-57 (discussing how long and from what sources intelligence
community knew of al-Qaida connection).
341
Id. at 57-58.
342
Id. at 53-54.
II-146
343
II-147
347
Id. at 60.
Id. at 61-62
349
Id. at 100.
350
Id. at 50-51.
348
II-148
351
Id. at 71-72.
Email from Victoria J. Nuland, Spokesperson, U.S. Dept of State, to Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S. Dept of State, Cheryl D.
Mills, Chief of Staff to the U.S. Secy of State, U.S. Dept of State, & Patrick F. Kennedy, Under Secy for Management, U.S. Dept of State (Sept. 19, 2012, 2:45 PM) (on file
with the Committee, C05561975).
352
II-149
353
Testimony of Bernadette M. Meehan, Spokesperson, Natl Security Council, Tr. at 2829 (Dec. 16, 2015) (on file with the Committee).
II-150
Clinton about surprise that one of his guys was talking about this
being a terrorist attack. 354
The day after Olsens testimony, September 20, 2012, the President participated in a town hall with Univision at the University of Miami. The
President had the following exchange:
Q: We have reports that the White House said today that the attacks in Libya were a terrorist attack. Do you have information
indicating that it was Iran, or al-Qaida was behind organizing the
protests?
A: Well, were still doing an investigation, and there are going to
be different circumstances in different countries. And so I dont
want to speak to something until we have all the information.
What we do know is that the natural protests that arose because
of the outrage over the video were used as an excuse by extremists to see if they can also directly harm U.S. interests
Q: Al-Qaida?
A: Well, we dont know yet. And so were going to continue to
investigate this. Weve insisted on, and have received so far full
cooperation from countries like Egypt and Libya and Tunisia in
not only protecting our diplomatic posts, but also to make sure
that we discover who, in fact, is trying to take advantage of this. .
. . 355
The President said the government wanted to discover who, in fact, is
trying to take advantage of this. It is unclear if this is a reference to
the video, protests, or something else. However, no assessment from the
CIA ever stated anybody was trying to take advantage of the video, or
even that there was a direct link between the video and the Benghazi attacks.
The President also stated, in response to a question that mentioned only
Libya, the natural protests that arose because of the outrage over the
video were used as an excuse by extremists to see if they can also directly harm U.S. interests. This statement was made two days after the
354
II-151
U.S. government obtained access to the video footage from the Benghazi
Mission compound, which did not show a protest outside the Benghazi
Mission compound prior to the beginning of the attacks.
When asked if al-Qaida was involved, the President responded we dont
know yet. The day before, however, Olsen testified under oath before
Congress the government was looking at indiciations that individuals
involved in the attack may have had connections to al-Qaida or alQaidas affiliates; in particular, al-Qaida in the Islamic Maghreb.
Two days after Olsens testimony, on September 21, 2012, the Secretary
said for the first time publicly that what happened in Benghazi was a
terrorist attack. 356
Four days later, on September 25, 2012, the President said, during remarks to the United Nations General Assembly: There are no words that
excuse the killing of innocents. Theres no video that justifies an attack
on an embassy. 357
It was not until the following daya full week after Olsen made his
comments and fifteed days after the attacks beganCarney finally
acknowledged the Presidents position was that a terrorist attack occurred. Carney said:
Q: Can I ask one moreare criticizing the President for not classifying what happened in Benghazi as a terrorist attack, going as
far as you did or the NCTC director. Can you respond to that and
explain why that is?
A: The President spoke eloquently I believe about the attack that
took the lives of four Americans at the United Nations General
Assembly, and I think made very clear that it is wholly unacceptable to respond to a video, no matter how offensive, with violence, and it is wholly unacceptable, regardless of the reason, to
attack embassies or diplomatic facilities and to kill diplomatic
personnel.
356
Hillary R. Clinton, Secy of State, U.S. Dept of State, Remarks with Pakistani Foreign Minister Hina Rabbani Khar before Their Meeting (Sept.25, 2012),
http://www.state.gov/secretary/20092013clinton/rm/2012/09/198060 htm.
357
Press Release, The White House Office of the Press Secretary, Remarks by the President to the UN General Assembly (Sept. 13, 2012), https://www.whitehouse.gov/thepress-office/2012/09/25/remarks-president-un-general-assembly.
II-152
The Presidentour position is, as reflected by the NCTC director, that it was a terrorist attack. It is, I think by definition, a terrorist attack when there is a prolonged assault on an embassy
with weapons.
The broader questions here about who participated, what led to
the attack on the facility in Benghaziall those questions are
under investigation at two levels, by the FBI and by the Accountability Review Board established by Secretary Clinton to
look at issues of security in Benghazi and security at other diplomatic facilities.
So, lets be clear, it was a terrorist attack and it was an inexcusable attack. 358
September 24 Intelligence Assessment
Two days before Carney finally acknowledged publicly that Benghazi
was a terrorist attack, on September 24, 2012, the CIA published its new
assessment about the Benghazi attacks, formally changing their old
assessment which had been in place since September 13. In the September 24 piece, which was produced jointly with the National Counterterrorism Center, the analysts wrote We now assess, based on new reporting, that the assault was deliberate and organized. Our most credible information indicates that there was not a protest ongoing at the time of the
attack as first reported. 359
The supporting intelligence used in this piece to support the new assessment was threefold. The first piece of intelligence was from September
19, 2012 and noted that attackers used fixed firing positions, capture or
kill teams, and blockades to impede the escape of US personnel,
360
358
Press Gaggle by Press Secretary Jay Carney Aboard Air Force One en route Ohio,
Office of the Press Secretary, The White House (Sept. 26, 2012),
https://www.whitehouse.gov/the-press-office/2012/09/26/press-gaggle-press-secretaryjay-carney-aboard-air-force-one-en-route-oh.
359
Central Intelligence Agency, Libya: Updated Assessment of Benghazi Attacks, World
Intelligence Review, Sept. 24, 2012 (on file with CIA, IntBook29-076 to IntBook29079).
360
Id.
II-153
361
Id.
Intelligence Note, Memorandum for Acting Dir., Central Intelligence Agency, Jan. 4,
2013 [hereinafter Analytic Line Review] (on file with CIA, REQUEST 17-0049 to REQUEST 17-0063).
362
363
II-154
And, frankly, the WIRe that ran on the 24th actually got held up
for 2 days in Coordination, trying to convince people in the IC
[Intelligence Community], who hadn't seen this video yet because it wasn't back in country, that there were no protests.364
Other interagency partnersspecifically the State Departmentdid not
trust the Libyan governments assessment of the video, even though CIA
officials in Tripoli had seen the actual video footage and concurred with
the assessment. 365 This distrust held up interagency coordination of the
piece for several days. It was not until September 24 when the actual
video footage arrived at CIA headquarters, allowing for dissemination to
other interagency partners. 366
September 28 ODNI Statement
On September 28, 2012, Shawn Turner, Director of Public Affairs, Office of the Director of National Intelligence, released a statement on the
intelligence related to the Benghazi terrorist attacks. That statement
read in full:
In the aftermath of the terrorist attack on U.S. personnel and facilities in Benghazi, Libya, the Intelligence Community launched
a comprehensive effort to determine the circumstances surrounding the assault and to identity the perpetrators. We also reviewed
all available intelligence to determine if there might be follow-on
attacks against our people or facilities in Libya or elsewhere in
the world.
As the Intelligence Community collects and analyzes more information related to the attack, our understanding of the event
continues to evolve. In the immediate aftermath, there was information that led us to assess that the attack began spontaneously following protests earlier that day at our embassy in Cairo. We
provided that initial assessment to Executive Branch officials
364
365
366
II-155
367
Press Release, Office of the Director of National Intelligence, Statement by the Director of Public Affairs for ODNI, Shawn Turner, on the intelligence related to the terrorist
attack on the U.S. Consulate in Benghazi, Libya (Sept. 28, 2012),
https://www.dni.gov/index.php/newsroom/press-releases/96-press-releases-2012/731statement-by-the-odni-s-director-of-public-affairs-on-intelligence-related-to-the-terroristattack-on-the-u-s-consulate-in-benghazi.
II-156
protests was not an analytical focal point 368 for the intelligence community and was more of a subsidiary issue to them. 369
Rather, the statement only mentions it was a deliberate and organized
terrorist attack 370still leaving open the possibility protests may have
occurred. The statement did not mention anything about the internet video, let alone any connection between the video and Benghazi attacks.
The statement, issued by the intelligence community and not the White
House or State Department, did not connect the two events.371
As public statements tend to be, this statement was carefully worded. It
notes only the initial intelligence community assessment that it began
spontaneously following protests earlier that day at our embassy in Cairo. 372 This wording can be directly tied to language in the September 13
WIRe. 373 The statement does not say, however, the intelligence community ever assessed that protests or demonstrations had occurred prior to
the Benghazi attackssomething repeatedly mentioned by Rice on the
talk shows. That is because, aside from the errant title in the September
13 WIRe, the intelligence community never formally coordinated such
an assessment in writing.
The statement also says [a]s we learned more about the attack, we revised our initial assessment to reflect new information indicating that it
was a deliberate and organized terrorist attack carried out by extremists. .
. . we do assess that some of those involved were linked to groups affiliated with, or sympathetic to al-Qaida. 374
368
II-157
Given that the intelligence leading to the new assessment was more than
a week old, and in some cases even older, why, then, did ODNI wait until September 28, 2012 to issue this statement? The answer lies in emails
between senior administration officials.
The genesis for ODNIs statement occurred the day before as a result of
a press report. The article, published on September 27, 2012 said the following:
URGENT: U.S. intelligence officials knew from Day One that
the assault on the U.S. Consulate in Libya was a terrorist attack
and suspect Al Qaeda-tied elements were involved, sources told
Fox Newsthough it took the administration a week to
acknowledge it.
The account conflicts with claims on the Sunday after the attack
by U.S. Ambassador to the United Nations Susan Rice that the
administration believed the strike was a spontaneous event
triggered by protests in Egypt over an anti-Islam film.
Sources said the administration internally labeled the attack terrorism from the first day to enable a certain type of policy response and that officials were looking for one specific suspect.
In addition, sources confirm that FBI agents have not yet arrived
in Benghazi in the aftermath of the attack. 375
Upon seeing the article that morning, McDonough forwarded it to
Robert Cardillo, Deputy Director, Office of the Director of National
Intelligence, Morell, and John Brennan, Counterterrorism Advisor to
the President. McDonough wrote:
Hey, guys,
This is the third report making this assertion. Is this correct?
Thanks,
Denis 376
375
Email from Peter Velz, Media Monitor, White House, to DL-WHO-Press, et al. (Sept.
27, 2012, 10:15 AM) (on file with the Committee, C05415305).
II-158
Email from Mr.McDonough, to Mr. Cardillo and Mr. Morell, (Sept. 27, 2012, 10:57
AM) (on file with the Committee, C05415305).
377
Email from Mr. Cardillo to Mr. McDonough et al. (Sept. 27, 2012, 11:23 AM) (on file
with the Committee, C05415305).
378
Olsen Testimony at 100.
379
Morell Testimony at 74.
380
Email from Mr. Olsen to Mr. Cardillo et al. (Sept. 27, 2012 12:12 PM) (on file with
the Committee, C05415305).
II-159
381
Email from Mr. Cardillo to Mr. Olsen, Mr. McDonough, & Mr. Morell (Sept. 27,
2012 7:47 PM) (on file with the Committee, C05415305).
382
Email from Mr. McDonough to Mr. Cardillo, Mr. Olsen, Mr. Rhodes, and Mr. Morell
(Sept. 27, 2012, 7:49 PM) (on file with the Committee, C05415305).
383
Id.
II-160
384
Email from Mr. Rhodes to Mr. McDonough, Mr. Olsen, Mr. Cardillo, and Mr. Morell
(Sept. 27, 2012 7:52 PM) (on file with the Committee, C05415305).
385
Email from Mr. Rhodes to Mr. McDonough, Mr. Cardillo, Mr. Olsen, and Mr. Morell
(Sept. 27, 2012, 7:56 PM) (on file with the Committee, C05415305).
386
Email from Mr. Rhodes to Mr. Cardillo, Mr. McDonough, Mr. Olsen, and Mr. Morell
(Sept. 27, 2012 8:15 PM) (on file with the Committee, C05415305).
387
Id.
II-161
Thank you for working this, as the most important thing is having a public baselineinformed by the factsthat we can all
point to. We are well synched up with Shawn Turner as well. 388
Rhodes testified to the Committee about his recollection of this statement:
Well, my recollection is that there was an interest in providing a
statement that clarified our understanding and the evolution of
our understanding of the events in Benghazi that that statement
was to be prepared by the intelligence community. I work with
them in my coordinating role as they were preparing that statement. 389
Rhodes email that they are synched up with Turner, 390 and his testimony that he was in his coordinating role as the statement was prepared, 391 serves as a reminder the White House played a central role in
the drafting of this statementa statement that, by Rhodes own admission, served not to inform the public but rather to push back against a
narrative that the White House and Rice deliberately misrepresented
facts. The statement itself, however, according to Olsen, was speaking
on behalf of the intelligence community at that point and not really beyond that. 392 The White Houses involvement in the creation of the
statementthrough McDonough, Brennan, and Rhodescontinues to
raise questions as to who ultimately controlled the message regarding
Benghazi coming out of not just the intelligence community but the executive branch as a whole.
THE LANDSCAPE
The political import of the attacks on the presidential campaign of 2012
is not a subject of the committees investigation. Nevertheless, the House
of Representatives did direct the Committee to investigate and study in-
388
Email from Mr. Rhodes to Mr. Cardillo, Mr. Olsen, Mr. McDonough, Mr. Morell
(Sept. 28, 2012, 10:43 AM) (on file with the Committee, C05415305).
389
Rhodes Testimony at 137.
390
Email from Mr. Rhodes to Mr. Cardillo, Mr. Olsen, Mr. McDonough, Mr. Morell
(Sept. 28, 2012, 10:43 AM) (on file with the Committee, C05415305).
391
Rhodes Testimony at 137.
392
Olsen Testimony at 117.
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ternal and public executive branch communications about the attacks. 393
It would be nave to assume this or any administrations public statements about a significant foreign policy event would be made without
full awareness of the political effect of those statements. It is necessary
to place the attacks and the administrations statements about them in
context.
The Benghazi terrorist attacks occurred not only on the anniversary of
the Sept 11, 2001 terrorist attacks but also in the middle of the 2012 presidential campaign. The first presidential debate was 22 days away and
the election was 56 days away. The killing of a U.S. Ambassador in the
line of dutywhich had not occurred in 33 yearsand three other
Americans would inevitably become an issue in the campaign and even
be discussed at the presidential debate on October 16, 2012. 394
Prior to the attacks, the President and the Secretary of State took credit
for the Administrations record in the war on terror, the perceived success of the intervention in Libya, and the toppling of its dictator, Muammar Qadhafi.395 Nearly four years had passed without a significant incident at home or abroad, and killing Osama bin Laden represented an historic victory. 396 The President pointed to these successes in his campaign,
including in a speech five days prior to the attacks:
In a world of new threats and new challenges, you can choose
leadership that has been tested and proven. Four years ago, I
promised to end the war in IraQ: We did. I promised to refocus
on the terrorists who actually attacked us on 9/11. We have.
Weve blunted the Talibans momentum in Afghanistan, and in
2014, our longest war will be over. A new tower rises above the
New York skyline, al Qaeda is on the path to defeat, and Osama
bin Laden is dead. 397
393
II-163
The Benghazi attacks could certainly affect public perception of the administrations record in the war on terror and the narrative of success in
Libya. Almost immediately, the press began asking questions about
whether Benghazi represented a failure of the Presidents policies. In a
press conference the day after the attacks, a reporter asked Carney directly: Jay, is the U.S. doing something wrong policy-wise in Libya that
brings this [the attack] on? Or is the policy fine, its just this particular
event? 398 One publication summed up the situation by saying, with the
American Presidential election only two months away, the murder of
four Americans serving their government overseas could be a game
changer so far as Mr. Obamas re-election prospects are concerned.399
The attacks remained an issue throughout the campaign including at the
second presidential debate where former Massachusetts Governor Mitt
Romney used the attacks to question the administrations Middle East
policy generally:
And this [the Benghazi attacks] calls into question the president's
whole policy in the Middle East. Look what's happening in Syria, in Egypt, now in Libya. Consider the distance between ourselves andand Israel, the president said thatthat he was going to put daylight between us and Israel.
We have Iran four years closer to a nuclear bomb. SyriaSyria's
not just a tragedy of 30,000 civilians being killed by a military,
but also a strategicstrategically significant player for America.
The president's policies throughout the Middle East began with
an apology tour andandand pursue a strategy of leading
from behind, and this strategy is unraveling before our very
eyes. 400
398
Press Gaggle by Press Secretary Jay Carney en route Las Vegas, NV, Office of the
Press Secretary, The White House (Sept. 12, 2012), https://www.whitehouse.gov/thepress-office/2012/09/12/press-gaggle-press-secretary-jay-carney-en-route-las-vegas-nv9122012.
399
Con Coughlin, The Murder of the US Ambassador to Libya is a Wake-up Call for
Obama, The Daily Telegraph (Sept. 12, 2012),
http://blogs.telegraph.co.uk/news/concoughlin/100180611/murder-of-us-ambassador-isa-wake-up-call-for-obama/.
400
October 16, 2012 Debate Transcript, Commission on Presidential Debates (Oct. 16,
2012), http://www.debates.org/index.php?page=october-16-2012-the-second-obamaromney-presidential-debate
II-164
Shortly after this statement, the candidates and the moderator debated
whether the President called the Benghazi attacks a terrorist attack from
day one. 401 The Presidents Rose Garden remarks were not his only public comments about the attacks on September 12. The President also
taped a 60 Minutes interview the same day, which aired on September
23. 402 During the interview the President said it was too early to tell
when asked about his Rose Garden remarks and whether the attacks were
terrorism. 403 The question and the Presidents answer were not included
in the broadcast version because the interview was edited. 404
Three days after the second debate, CBS posted additional portions of the
60 Minutes transcript from the interview with the President on September
12, 2012. 405 The portion of the President refusing to call it a terrorist attack was still absent. It was not until November 6, 2012, two days before
the election, when CBS finally posted publicly for the first time the entire transcript of the Presidents interview on September 12, 2012. 406
The President of CBS News at the time, David Rhodes, is the brother of
Ben Rhodes, who helped prepare the President for the second debate. 407
While Ben Rhodes denied to the Committee he talked with anybody at
CBS prior to the September 23, 2012, airing of the Presidents interview,
he did not know whether others in the White House did. Rhodes also did
not testify as to whether or not he spoke with anybody at CBS after September 23, 2012, regarding the posting of the transcript to CBS website.
He testified:
Q: And you may recall there was some bit of controversy over
the interview that was actually aired by CBS because it did not
401
October 16, 2012 Debate Transcript, COMMN ON PRESIDENTIAL DEBATES (Oct. 16,
2012), http://www.debates.org/index.php?page=october-16-2012-the-second-obamaromney-presidential-debate; Press Release, The White House Office of the Press Secretary, Remarks by the President on the Deaths of U.S. Embassy Staff in Libya (Sept. 12,
2012), https://www.whitehouse.gov/the-press-office/2012/09/12/remarks-presidentdeaths-us-embassy-staff-libya.
402
Dylan Byers & MacKenzie Weinger, CBS under fire for withhold Obamas Benghazi
remarks, POLITICO (Nov. 5, 2012), http://www.politico.com/blogs/media/2012/11/cbsunder-fire-for-withholding-obamas-benghazi-remarks-148513.
403
Id.
404
Id.
405
Id.
406
Id.
407
Helene Cooper, Obamas Prep Session Goal: Dont Repeat Mistakes of Last Debate,
N.Y. TIMES (Oct. 14, 2012), http://www nytimes.com/2012/10/15/us/politics/a-seriousdebate-prep-session-for-obama html?_r=0.
II-165
408
II-166
struction, Be sure Ben knows they need to be ready for this line of attack. Sullivan responded: Will do. 411
The White House told the Committee they would not allow the Committee to ask about this email during the Committees interview with
Rhodes, citing executive privilege and noting that preparing for a debate
was a core executive function. 412
MIXING INTELLIGENCE WITH POLITICS
In the months after the Benghazi attacks, politics continued to play a role
in assigning blame for what had occurred and who said what. In addition
to the usual politics of Republicans and Democrats lobbing accusations
at one another, however, a different, quieter, type of politics was taking
place regarding Benghazi: internal politics. At the center of it all was
Morell.
The Setup
On November 27, 2012, amid speculation the President would nominate
her to become the next Secretary of State, Rice traveled to Capitol Hill to
meet with three Senators to discuss her September 16 appearances on the
Sunday talk shows.413 Accompanying Rice to that meeting was Morell,
who was at the time Acting Director of the CIA. Morell described why
he attended the meeting:
Q: Can you just generally describe what the purpose of that
meeting was?
A: Yes. So I got a phone call from Denis McDonough, who was
then the deputy national security advisor. He told me thatof
course I knew from the media that Susan was under attack for
what she had said on the Sunday shows. He told me that Susan
411
Email from Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, to Hillary R. Clinton (H), Secy of State, U.S. Dept of State (Oct. 1,
2012, 3:37 PM) (on file with the Committee, SCB0045545).
412
Phone Call between Office of White House Counsel and Committee Staff (Jan. 30,
2016).
413
Ed OKeefe, Susan Rice, CIA director meet with GOP critics on Libya, WASH. POST
(Nov. 27, 2012),
https://www.washingtonpost.com/blogs/2chambers/wp/2012/11/27/susan-rice-ciadirector-meet-with-gop-critics-on-libya/.
II-167
414
415
II-168
Q:that you were inserting yourself or that you had been asked
toit was a very inherently political meeting that you had been
asked to attend.
A: Yes. But, again, I didnt realize it at the time. I really didnt. I
didnt know I was walking myself into this political setting. 416
In addition to explaining to the Senators how Rices comments on the
Sunday shows aligned with the intelligence at the time, Morells attendance at the meeting served another purposeit kept him at the forefront
of the controversy surrounding the Benghazi talking points. While Rice
was the administrations representative on the Sunday talk shows, MiMorell was the individual who edited the CIA talking points Rice says
she relied on. 417 Having public criticism targeted towards Morell, a career intelligence official, instead of Rice, a political appointee in a politically charged environment, could be beneficial for a potential Secretary
of State nominee.
The Execution
In late 2012, Morell directed two internal CIA reviews take place regarding the talking points. One review, called the Analytic Line Review,
went through each piece of CIA analysis after the Benghazi attacks to
determine how strong the supporting evidence was for each of the analytic assessments.418 The second review was about Lessons Learned from
the internal process of creating the talking points for HPSCI. 419Morell
wanted to send these two internal reviews to Congress. 420
Morell sent only the Analytic Line Review to Congress, which was completed in January 2013. The White House would not allow him to send
the other documentcontaining drafts of the talking points and the process through which they were draftedto Congress, citing executive
privilege. 421
416
II-169
On March 19, 2013, Robert S. Litt, General Counsel, Office of the Director of National Intelligence , testified before HPSCI. 422 At the hearing,
Litt provided the HPSCI Members two packages of documents: one was
a small package that contained each draft version of the talking points,
showing which changes had been made from draft to draft; the other was
a large package of roughly 100 pages that contained interagency emails
regarding the drafting of the talking points. These documents were
shared with the HPSCI Members, yet Litt claimed they were so sensitive
that he took them back at the end of the briefing; 423 Members therefore
would be unable to keep the documents or make any copies.
Two months later, on May 15, 2013, however, everything changed. The
White House decided to release 100 pages of emails related to the talking
points. 424 These were the same emails Litt had provided to HPSCI two
months prior yet took back at the end of the hearing. In conjunction with
the release, the White House asked Morell to brief the press on the evolution of the talking points. Just as he had when he accompanied Rice to
the November 2012 meeting, Morell complied.425
Morell talked to the Committee about the White Houses decision to release these emails:
Q: And so the fact that you were forbidden from sharing an assessment with Congress over the possibility of executive privilege and then all of a sudden the documents were released publicly, did that seem to you to be a pretty large turnaround?
A: So, you know, I dont remember, I simply dont remember
why, you know, why the shift, right, why all of a sudden the administration decided to release these publicly. I dont remember
being part of those discussions. I dont recall being part of those
discussions. So I dont know why they decided all of a sudden to
do it.
Q: Do you think it might have been politically beneficial for
them to all of a sudden release those documents?
422
BriefingThe Hon. Robert S. Litte (Benghazi Documents), Hearing Before the H.
Permanent Select Comm. on Intelligence, 113th Cong. (2013).
423
Id. at 4.
424
Jake Tapper, et al., White House releases Benghazi e-mails, CNN (May 16, 2013),
http://www.cnn.com/2013/05/15/politics/benghazi-emails/.
425
MORELL, supra note 114, at 207.
II-170
A: I thinkI thinkIm speculating, now, okay, so speculatingI think that the criticism kept going up and up. The different theories about what was going on kept on expanding right,
and the White House wanted to put that to rest by putting it all
out there. Thats my guess.
Q: Did they put it all out there when they released those talking
points?
A: Not in my view.
Q: Can you elaborate on that?
A: Sure. So 2014, mid-2014, I open the newspaper and I see Ben
Rhodes talking points from the 15th of September, right, designed to prep Susan Rice for her Sunday shows. And I say to
myself, I have not seen these things before. When I saw them in
the media in mid-2014 it was the first time I ever saw them. 426
The decision by the White House to release the talking points pertaining
to HPSCI and not the talking points drafted by Rhodes had one major
effect: it kept the spotlight on Morellwho became front and center of
this release by briefing the press at the request of the White Housethe
CIA, and their role in shaping the talking points. It also kept the spotlight
away from others. Morell acknowledged this in his testimony:
Q: And you said you feel that they should have been released
with the package of the CIA talking points. What are the implications that they were not released with the talking points, the
package, and theyre coming out a year later? What does that
mean?
A: I dont know, right, I dont know, the counterfactual is hard to
think through. I believeIm speculating now, okayI believe
there would have been less attention on CIA and more attention
on the White House. 427
Around the same time, Morell lobbied the White House to release video
footage of the attack from the State Department compound in Benghazi.
Morell, aware of the public debate over whether or not protests had oc426
427
Id. at 208-09.
Id. at 217.
II-171
curred prior to attack, wanted the footage released to provide transparency to the American people so they could judge for themselves what had
transpired and quell the political firestorm. After all, it was after a description of this video footage was shared with the CIA that CIA personnel began to definitively conclude no protest had occurred. 428
In addition to Morell, James Clapper, Director, Office of the Director of
National Intelligence, also wanted the surveillance tapes to be made public. The White House refused, however, and to this day, the tapes remain
classified. Morell told the Committee:
Q: So you had seen the videos of the TMF, you had seen NCTC
analysis of the videos. Did you want those videos to be released
as well?
A: I did, I did.
Q: And was there anybody who agreed with you that those videos should be declassified and released?
A: Yes, the DNI agreed with me.
Q: The DNI. When you say DNI, youre talking about DNI
Clapper?
A: Yes.
Q: Were those videos released?
A: No.
Q: Why did you want those videos released?
A: Because look, my view, not only strongly today because of all
of this, but even at the time, my view is when thereswhen
there are questions aboutwhen there are questions about what
was done on a particular issue, particularly when theres questions of impropriety, the best thing to do is to get everything out,
428
II-172
the best thing to do is to get all the information you can out. Let
the American people see it all and let the American people decide.
You know, I thought the videothe NCTC analysis told the story of what actually happened that night and I thought the American people deserved to see it.
Q: And who prevented the video from being publicly released?
A: The White Housethe White House never responded to the
DNI and my repeated suggestions that it be released.
Q: So you were acting director of the CIA at the time?
A: Uh-huh.
Q: And Mr. Clapper was the director for national intelligence.
And you two repeatedly pushed the White House to release this
video?
A: Yes.
Q: And they did not.
A: Correct.
Q: And instead they released the package, so to speak, they released the package
A: I dont remember the timing of our suggestion, right? But,
yes, youre absolutely right.
Q: So they released the package and at the time they released the
package they did not release [the Ben Rhodes talking points],
which is
A: The video.
Q: They did not release the video.
II-173
A: And they did not release [the Ben Rhodes talking points]. 429
The Fallout
On April 17, 2014, the Rhodes talking pointswhich, in addition to the
talking points provided to HPSCI and edited by Morell, were used by
Rice to prepare for the Sunday talk showswere released to Congress. 430 Later that month, the talking points became publicized for the
first time. 431
Around the time of the November 27, 2012 meeting between Rice and
the three Senators, Lieberman said of Ambassador Rice:
I asked if she was briefed by the White House, the campaign, or
the political operation, and she said she had seen no message
points from the White House. 432
As discussed above, Rice testified she only relied on the talking points
provided to HPSCI when discussing Benghazi on the talk shows. 433
Rhodes, however, conceded the third bullet point in his talking points
to show the U.S. would be resolute in bringing to justice people who
harm Americans, and standing steadfast through these protestsapplied
only to Libya. 434
Morell said he first learned about Rhodes talking points when he opened
the newspaper. Morell, an intelligence officer for over three decades,
429
II-174
also believed the talking points related to Benghazi. He told the Committee:
Q: Okay. So let me take that first statement. You thought that
these were related to Benghazi. Im just reading through it here
on the first page, I dont see Benghazi listed. Why do you think
that they were related to Benghazi?
A: Two reasons. One is Benghazi was what was on everyones
mind at the time. Benghazi had just happened, right, the previous
Tuesday. This was the following Sunday, right, it was the kind of
top-of-the-list issue. And two, thethere is a tick in herelet
me find itso the third tick under goals, third tick under
goals says: To show that we will be resolute in bringing people to harm Americans to justice. That only happened in one
place.
Q: And that was in Benghazi?
A: Yes. 435
After learning of the existence of these talking points, Morell became
bothered that Rhodes, a member of the National Security Council staff,
had drafted what Morell viewed as a political document. Morell believes
there should be a bright line between national security and politics, and
he views the talking points drafted by Rhodes crossed that line. Morell
testified:
Q: Aside from the release of these talking points and the release
of the package, is there anything in, at least under the goals and
the top-lines, is there anything about this document that makes
you uncomfortable as a CIA officer and career analyst?
A: Yeah. So, as you know, Im on the record on this, so the second goal, the second goal bothers me in two ways. The first way
it bothers me is that it has a feeling of being political. It has a
feeling of being political, right? Blame it on this, not on that,
right? Just that concept of blame it on this and blame it on that,
not dont blame it on that, has a feeling of being political to me.
435
II-175
436
Id. at 218-19.
II-176
what I believe you said. Did you feel in any way used by the
White House when you discovered that these talking points also
existed and you were completely kept in the dark until the public
found out about them?
A: Look, I wish I would have known about them, okay, I wish I
would have known about them. 437
THE FBI INVESTIGATION
Throughout the days and weeks after the attacks in Benghazi, administration officials used the pending FBI investigation as both a sword and a
shield. When convenient, officials such as Rice and Carney made reference to the FBI. 438 When inconvenient, administration officials cited the
ongoing FBI investigation as the reason they could not discuss certain
matters. 439 On at least one occasion, an administration official cited the
FBI investigation as evidence of a fact even though the FBI investigation
had hardly begun.
It is worth nothing Ahmed Abu Khatallah was arrested in June 2014. 440
To date, he has still not been brought to trial. It was 23 months after his
arrest that the Justice Department announced the Department would not
seek the death penalty for Khatallah. 441 The Justice Department has,
however, made certain legal filings wherein the governments theory of
the casehence its understanding of provable factsis on public dis-
437
Id. at 222-23.
See, e.g., Face the Nation transcripts, September 16, 2012: Libyan Pres. Magariaf,
Amb. Rice and Sen. McCain, CBS NEWS (Sept. 16, 2012),
http://www.cbsnews.com/news/face-the-nation-transcripts-september-16-2012-libyanpres-magariaf-amb-rice-and-sen-mccain/ ( . . . there is an investigation that the United
States government will launch led by the FBI, that has begun and . . . they have already
begun looking at all sorts of evidence ofof various sorts already available to them and
to us.), and Press Briefing by Press Secretary Jay Carney, Office of the Press Secretary,
The White House (Sept. 18, 2012), https://www.whitehouse.gov/the-pressoffice/2012/09/18/press-briefing-secretary-jay-carney-9182012 (There is an ongoing
investigation. The FBI is investigating. And that investigation will follow the facts wherever they lead.).
439
See, e.g., Nuland Sept. 17 Briefing, supra note 326.
440
Karen DeYoung et al., U.S. captured Benghazi suspect in secret raid, WASH. POST
(June 17, 2014).
441
Spencer Hsu, U.S. will not seek death penalty for accused ringleader in Benghazi
attacks, WASH. POST (May 10, 2016).
438
II-177
442
Govts Motion for Pretrial Detention at 5-9, U.S. v. Khatallah (E.D. Va July 1, 2014).
1President Obama: Libya aftermath worst mistake of presidency, BBC NEWS (Apr. 11,
2016), http://www.bbc.com/news/world-us-canada-36013703.
2
Email from Sidney Blumenthal (Sid) to Hillary R. Clinton (H) (Aug. 22, 2011,
11:25 AM) (on file with the Committee, SCB 0051597).
3
Corbett Daly, Clinton on Qaddafi: We came, we saw, he died, CBS NEWS (Oct. 20,
2011), http://www.cbsnews.com/news/clinton-on-qaddafi-we-came-we-saw-he-died/.
4
See Email from Policy Planning staff, U.S. Dept of State, to Jake Sullivan, Dir. of Policy Planning, U.S. Dept of State (Aug. 29 2011, 5:01 PM) (on file with the Committee,
SCB 0060926-30) (attaching Note for the Secretary re: U.S. Interests in post-Qadhafi
Libya).
III-2
INTRODUCTION
John Christopher Stevens arrived in Benghazi, Libya on April 5, 2011, in
the midst of a civil war. Stevens traveled to Benghazi from Malta by
Greek cargo ship with $60,000 in currency and an eight-member Diplomatic Security protective detail. Also in the group was a junior reporting
officer tasked with conducting political reporting, and two members of
the Disaster Assistance Response Team from the United States Agency
for International Development. Stevens only instruction was to begin
establishing contact with Libyan opposition forces seeking to overthrow
the government of the Colonel Muammar Qadhafi. There was no military
support for Stevens arrival because of President Barack H. Obamas no
boots on the ground policy, no protocol and no precedent to guide his
activities, and no physical facility to house him and his team. Stevens
operation had an undefined diplomatic status and duration, and no authorized set of contacts to work with. He was asked to do a difficult job
in a dangerous environment, and he courageously accepted the call.
Although the civil war ended in August 2011 with the fall of Tripoli,
Libya was not officially liberated until October 23, 2011, after the death
of Qadhafi.5 Even then the security environment remained hazardous. In
December 2011, the State Departments own threat rating system considered Libya a grave risk to American diplomats. 6 The situation deteriorated from there. In Benghazi alone, more than 60 major security incidents
took place between January 1, 2012 and September 10, 2012. More than
half of those security incidents occurred after April 6, 2012, the date of
the first IED attack on the Benghazi Mission compound. 7
Press Statement, Hillary R. Clinton, Secy of State, U.S. Dept of State, Liberation of
Libya (Oct. 23, 2011),
http://www.state.gov/secretary/20092013clinton/rm/2011/10/175999 htm.
6
See Email from Diplomatic Security Agent 24 to Diplomatic Security Agent 10 (Dec.
15, 2011, 9:03 AM) (on file with the Committee, C05388931) (discussing US Mission
Benghazi threat levels); see also U.S. GOVT ACCOUNTABILITY OFF., GAO-14-655, DIPLOMATIC SECURITY: OVERSEAS FACILITIES MAY FACE GREATER RISKS DUE TO GAPS IN
SECURITY-RELATED ACTIVITIES, STANDARDS, AND POLICIES (2014), available at
http://www.gao.gov/products/.
7
See Security Incidents in Benghazi, Libya from June 1, 2011 to Aug. 20, 2012 (on file
with the Committee); see also Benghazi Spot Report, EAC and Significant Event Timeline (DS/IP/RD) (on file with the Committee, C05394332).
III-3
Because the Benghazi Mission existed in a state of diplomatic uncertaintynever having a clearly defined statusit was not required to
meet security standards applicable to permanent U.S. embassies.
Benghazi had no clear lines of authority to either Tripoli or Washington D.C. This delayed responses to Mission requests for physical security measures and personnel.
Senior officials in Washington D.C. did not heed intelligence detailing the rise of extremists groups in Benghazi and eastern Libya prior
to September 11, 2012.
President Obama: Libya aftermath worst mistake of presidency, BBC NEWS (Apr. 11,
2016), http://www.bbc.com/news/world-us-canada-36013703.
9
Id.
III-4
III-5
asserted the protection of American citizens was his highest priority, and
added: I have also asked my administration to prepare the full range of
options that we have to respond to this crisis. 18
The U.S. suspended operations at the Embassy in Tripoli, Libya on February 25, 2011. 19 The suspension of operations and evacuation were important for reasons beyond the safety of the embassy personnel. Polaschik testified:
I was very clear with the people on those policy planning discussions that I felt very strongly that the administration could not
change its policy toward Qadhafi until we got all of the U.S. employees out safely because we did not have appropriate security
at our Embassy in Tripoli. It met none of our State Department
security standards. 20
The same day, the President issued an Executive Order freezing the
property in the United States of Qadhafi, his family members, and senior
officials of the Libyan Government. 21
III-6
and recommending various courses of U.S. action. Although Blumenthal had been rejected by the White House for
employment at the Department of State, and
, 27 Secretary Clinton responded to his emails and
in some cases forwarded them to her top policy aides and career foreign
service officers in the Department for their reaction and comment. The
Secretary described Blumenthals emails as unsolicited. 28
22
III-7
On February 21, 2011, two days prior to the Presidents first public remarks on the matter, 29 Blumenthal suggested the U.S. might consider
advancing [a no-fly zone] tomorrow. 30 The Secretary forwarded the
email to her Deputy Chief of Staff and Director of Policy Planning, Jacob J. Sullivan, and asked: What do you think of this idea? 31 Sullivan
replied: [H]onestly, we actually dont know what is happening from the
air right now. As we gain more facts, we can consider.32 In response,
the Secretary reflected on what Admiral Michael G. Mullen, Chairman of
the Joint Chiefs of Staff, noted publicly more than a week later, asking
Sullivan: Ive heard contradictory reports as to whether or not there are
planes flying and firing on crowds. What is the evidence that they are?33
The Secretary responded to Blumenthal: We are looking at that for Security Council, which remains reluctant to interfere in the internal affairs of a country. Stay tuned! 34 When the U.N. resolution was ultimately introduced two weeks later, the U.S. strongly advocated for passage of
the no-fly zone. 35
On February 25, 2011, Blumenthal suggested other means of pressuring
the Libyan leadership:
29
Jesse Lee, President Obama Speaks on the Turmoil in Libya: This Violence Must
Stop, WHITE HOUSE BLOG (Feb. 23, 2011),
https://www.whitehouse.gov/blog/2011/02/23/president-obama-speaks-turmoil-libyaviolence-must-stop (providing full transcript of the Presidents remarks).
30
Email from Sidney S. Blumenthal (sbwhoeop) to Hillary R. Clinton (H), Secy of
State, U.S. Dept of State (Feb. 21, 2011, 10:32 PM) (on file with the Committee,
SCB0078044).
31
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Dir. of Policy Planning, U.S. Dept of State (Feb. 21, 2011, 10:42 PM) (on file
with the Committee, SCB0078044).
32
Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to Hillary R.
Clinton (H), Secy, U.S. Dept of State (Feb. 22, 2011, 4:59 AM) (on file with the
Committee, SCB0078044).
33
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Dir. of Policy Planning, U.S. Dept of State (Feb. 22, 2011, 6:34 AM) (on file
with the Committee, SCB0078044).
34
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Sidney
Blumenthal (Feb. 22, 2011, 6:09 AM) (on file with the Committee, SCB0078042).
35
See Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to
jake.sullivan[REDACTED] (Mar. 16, 2011, 9:29AM) (on file with the Committee,
SCB0075861) (We are going to be actively engaged in New York today in discussions
about the best course of action for the international community to take, including through
the UN Security Council.).
III-8
36
Email from Sidney S. Blumenthal (sbwhoeop) to Hillary R. Clinton (H), Secy of
State, U.S. Dept of State (Feb. 25, 2011, 7:16 PM) (on file with the Committee,
SCB0078066).
37
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Dir. of Policy Planning, U.S. Dept of State (Feb. 26, 2011, 11:34 AM) (on file
with the Committee, SCB0078066).
38
Email from Sidney S. Blumenthal (sbwhoeop) to Hillary R. Clinton (H), Secy of
State, U.S. Dept of State (Feb. 26, 2011, 10:58) (on file with the Committee,
SCB0078104).
39
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Dir. of Policy Planning (Mar. 2, 2011, 7:18 AM) (on file with the Committee,
SCB0078121).
40
Email from Sidney S. Blumenthal (sbwhoeop) to Hillary R. Clinton (H), Secy of
State, U.S. Dept of State (Mar. 7, 2011, 10:29 PM) (on file with the Committee,
SCB0078150-0078153).
41
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Dir. of Policy Planning, U.S. Dept of State (Mar. 7, 2011, 7:17 AM) (on file
with the Committee, SCB0087150-0078153).
42
Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to Hillary R.
Clinton (H), Secy, U.S. Dept of State (Mar. 7, 2011, 7:22 AM) (on file with the
Committee, SCB0077210).
III-9
meeting between the Secretary and Jibril in Paris just one week later 43
that helped prompt the Secretary to become a leading advocate for Libyan intervention. 44
Libya Options
On March 8, 2011, Sullivan sent an email titled Libya Options to senior State Department officials. 45 In the email, he described the Departments preferred end-state in Libya, at the most basic level. 46 The
email spelled out five successively more intrusive strategic frameworks outlining various options against Qadhafi:
1. Provide material support to the Libyan opposition but take
no direct offensive action;
2. Provide material support to the Libyan opposition and take
only that direct action which is nonlethal and designed to
shape the theater rather than take the fight to Qadhafi;
3. All options consistent with broad regional support and a
clear legal basis;
4. Offensive aerial options but no ground troops; and
5. Whatever necessary to remove Qadhafi. 47
In addition, Sullivan identified a number of immediate goals to be accomplished through intervention, something he noted was sent over to
the National Security Staff. The immediate goal listed first was to avoid
43
Steven Lee Myers, Clinton Meets in Paris With Libyan Rebel Leader, N.Y. TIMES
(Mar. 14, 2011), http://www.nytimes.com/2011/03/15/world/africa/15clinton html.
44
Joby Warrick, Hillarys war: How conviction replaced skepticism in Libya intervention, WASH. POST (Oct. 30, 2011), https://www.washingtonpost.com/world/nationalsecurity/hillarys-war-how-conviction-replaced-skepticism-in-libyaintervention/2011/10/28/gIQAhGS7WM_story.html.
45
Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to James B.
Steinberg, Deputy Secy of State, U.S. Dept of State, et al. (Mar. 8, 2011, 8:13 PM)
[hereinafter Libya Options Email](on file with the Committee, C05886430).
46
Id.
47
Id. A sixth option presented focusing not on actions against Qadhafi but on a negotiated solution was to Leverage a stalemate into some kind of negotiated solution, or at
least a process. Id.
III-10
48
Id.
Id.
50
See id. (sent from Philip H. Gordon on Mar. 9, 2011, 9:37 AM) (Philip Gordon stating
would also point out I dont think weve ever established a NFZ anywhere where we
didnt go have to go in militarily and stay for a long time (Iraq, Bosnia, implicitly Afghanistan, Kosovo).).
51
Kevin Sullivan, A Tough Call on Libya That Still Haunts, WASH. POST (Feb. 3, 2016),
http://www.washingtonpost.com/sf/national/2016/02/03/a-tough-call-on-libya-that-stillhaunts/.
52
Libya Options Emails, supra note 45 (Sent from Philip H. Gordon on Mar. 9, 2011,
9:37 AM) ( Philip Gordon stating would also point out I dont think weve ever established a NFZ anywhere where we didnt go have to go in militarily and stay for a long
time (Iraq, Bosnia, implicitly Afghanistan, Kosovo).).
53
Id.
54
See Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to
jake.sullivan[REDACTED] (Mar. 16, 2011, 9:29AM) (on file with the Committee,
SCB0075861) (Last night, the President led a meeting with his national security team on
the situation in Libya and the way forward.); see also Kevin Sullivan, A Tough Call on
Libya That Still Haunts, WASH. POST (Feb. 3, 2016),
http://www.washingtonpost.com/sf/national/2016/02/03/a-tough-call-on-libya-that-stillhaunts/.
49
III-11
55
Email from Special Asst to Secy of State, U.S. Dept of State, to Jacob J. Sullivan,
Dir. of Policy Planning, U.S. Dept of State (Mar. 28, 2011, 8:13 PM) [hereinafter Libya
Q & A for S London Trip 32811] (on file with the Committee, SCB0075863-0075871).
56
Libya Options Emails, supra note 45 (Sent from Philip H. Gordon on Mar. 9, 2011,
9:37 AM).
57
Id. (Sent from Jacob J. Sullivan on Mar. 9, 2011, 10:33 AM) (emphasis in original).
III-12
to protect civilians and civilian populated areas under threat of attack, specifically including a no fly zone. 58 On March 18, 2011, the
President announced: If Qaddafi does not comply with the resolution,
the international community will impose consequences, and the resolution will be enforced through military action. 59 He emphasized: I also
want to be clear about what we will not be doing. The United States is
not going to deploy ground troops into Libya. And we are not going to
use force to go beyond a well-defined goalspecifically, the protection
of civilians in Libya. 60 The President added: Our focus has been clear:
protecting innocent civilians within Libya, and holding the Qadhafi regime accountable. 61
To implement this policy, the President announced he had directed Secretary Gates and our military to coordinate their planning, and tomorrow
Secretary Clinton will travel to Paris for a meeting with our European
allies and Arab partners about the enforcement of Resolution 1973.62
The next day, March 19, 2011, U.S. military forces commenced operations to assist an international effort authorized by the United Nations
(U.N.) Security Council to prevent a humanitarian catastrophe and
58
III-13
address the threat posed to international peace and security by the crisis
in Libya. 63
Two days later, on March 21, 2011, the President formally notified the
Speaker of the House of Representatives and the President Pro Tempore
of the Senate of these operations. 64 In his letter, the President stated the
nature and purpose of these operations as follows:
As part of the multilateral response authorized under U.N. Security Council resolution 1973, U.S. military forces, under the
command of Commander, U.S. Africa Command, began a series
of strikes against air defense systems and military airfields for
the purposes of preparing a no-fly zone. These strikes will be
limited in their nature, duration and scope. Their purpose is to
support an international coalition as it takes all necessary
measures to enforce the terms of U.N. Security Council Resolution 1973. These limited U.S. actions will set the stage for further action by other coalition partners.
United Nations Security Council Resolution 1973 authorized
Member States, under Chapter VII of the U.N. Charter, to take
all necessary measures to protect civilians and civilian populated
areas under threat of attack in Libya, including the establishment
and enforcement of a no-fly zone in the airspace of Libya.
United States military efforts are discrete and focused on employing unique U.S. military capabilities to set the conditions for
our European allies and Arab partners to carry out the measures
authorized by the U.N. Security Council Resolution.
The United States has not deployed ground forces into Libya.
United States forces are conducting a limited and well-defined
mission in support of international efforts to protect civilians and
prevent a humanitarian disaster. Accordingly, U.S. forces have
targeted the Qadhafi regimes air defense systems, command and
control structures, and other capabilities of Qadhafis armed
63
Letter from the President to the Speaker of the House of Representatives and the President Pro Tempore of the Senate Regarding the Commencement of Operations in Libya
(Mar. 21, 2011), https://www.whitehouse.gov/the-press-office/2011/03/21/letterpresident-regarding-commencement-operations-libya.
64
Id.
III-14
65
Id.
III-15
Since the stated U.S. policy goal is removing Qadhafi from power, do you have an engagement strategy for the opposition forces? If the strife in Libya becomes a protracted conflict, what are
your Administrations objectives for engaging with opposition
forces, and what standards must a new regime meet to be recognized by our government?
Because of the conflicting messages from the Administration and
our coalition partners, there is a lack of clarity over the objectives of this mission, what our national security interests are, and
how it fits into our overarching policy for the Middle East. The
American people deserve answers to these questions. And all of
these concerns point to a fundamental question: what is your
benchmark for success in Libya? 66
Selecting Chris Stevens
Notwithstanding the State Departments decision to suspend operations
at its Embassy in Tripoli and its efforts underway through the United
Nations to impose a no fly zone, 67 discussions were immediately under
66
Letter from John A. Boehner, the Speaker of the House of Representatives, to Barack
H. Obama, the President (Mar. 23, 2011),
http://www.speaker.gov/UploadedFiles/POTUSLetter_032311.pdf. (also asking three
specific questions relating to the military operation and its cost).
67
Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of State & Janet A.
Sanderson, Deputy Asst Secy of State, Bureau of Near Eastern Affairs, U.S. Dept of
State, The Suspension of United States Embassy Operations in Libya, DEPT OF STATE
(Feb. 25, 2011), http://www.state.gov/m/rls/remarks/2011/157173 htm. Jake Sullivan
indicated in an August 21, 2011 email to Cheryl Mills and Victoria Nuland February 26
- HRC directs efforts to evacuate all U.S. embassy personnel from Tripoli and orders the
closing of the embassy. This date appears to be contradicted by the Departments public
statement the previous day. See Email from Jake Sullivan, Dir. Policy Planning, U.S.
Dept of State to Cheryl D. Mills, Chief of Staff to U.S. Secy of State, U.S. Dept of
State and Victoria Nuland, Spokesperson, U.S. State Dept (Aug. 21, 2011, 07:39 PM)
(on file with the Committee, SCB0051146). See Email from Phillip H. Gordon to James
B. Steinberg, et al. (Mar. 23, 2011, 6:55 PM) (on file with the Committee, SCB0045016)
(We are putting together S conference call with Juppe, Davutoglu and Hague tomorrow.
Here is the outcome I think the call should seek to meet everybodys redlines.
III-16
way between the White House and the Secretary and her advisors to return to Libyaspecifically to Benghazi. 68 These discussions included
sending a diplomatic representative to serve as a liaison with the Transitional National Council [TNC], an opposition group headquartered in
Benghazi hoping to emerge as the new Libyan government. 69 Jeffrey D.
Feltman, Assistant Secretary for Near Eastern Affairs, State Department,
told the Committee the TNC had asked in the meetings with Hillary
Clinton for representation to be able to work directly on a continuing
basis with the U.S. Government, which is why a decision was made to
send a representative to Benghazi. 70
The Secretary selected J. Christopher Stevens, a widely and highly respected career Foreign Service officer, to serve as the representative to
the TNC. 71 Stevens previously served as Deputy Chief of Mission, the
68
See Email from Donald Steinberg, U.S. Agency on Intl Development to Patrick F.
Kennedy, Under Secy of State for Mgmt., U.S. Dept of State (Mar. 30, 2011, 10:12
AM) (on file with the Committee, SCB0095926) (As you know, were under instructions from NSS and State to get our DART staff into Benghazi so we can begin our humanitarian assessments of needs and infrastructure.).
69
See Email from Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of
State, to Hillary R. Clinton (H), Secy of State, U.S. Dept of State (Mar. 13, 2011,
10:55 AM) (on file with the Committee, SCB0045011) (They urged us to find some
kind of language that would suggest moving in that direction, and I noted our decisions to
suspend the operations of the Libyan Embassy, have S meet with Mahmoud Jabril of the
Council and send a diplomatic representative to Benghazi.).
70
Testimony of Jeffrey D. Feltman, Asst Secy of State, Bureau of Near Eastern Affairs,
U.S. Dept of State, Tr. at 24-25 (Dec. 8, 2015) [hereinafter Feltman Testimony].
71
See Benghazi: The Attacks and the Lessons Learned Before the S. Comm. on the Foreign Relations, 113th Cong. 9 (2013) (statement of the Hon. Hillary R. Clinton, Secy of
State); Terrorist Attack in Benghazi: The Secretary of States View Before the H. Comm.
on the Foreign Affairs, 113th Cong. 7-8 (2013) (statement of the Hon. Hillary R. Clinton,
Secy of State).
III-17
Embassys number two post, in Tripoli from 2007 through 2009. 72 The
Secretary told the Committee: [w]hen the revolution broke out in Libya,
we named Chris as our envoy to the opposition. 73 I was the one who
asked Chris to go to Libya as our envoy. 74 The Secretary told the Committee that Stevens was one of our Nation's most accomplished diplomats. 75 Stevens had been a member of the U.S. Foreign Service since
1991. He had previously served overseas as Deputy Principal Officer and
Section Chief in Jerusalem; Political Officer in Damascus; Consular/Political Officer in Cairo; and Consular/Economic Officer in Riyadh.
In Washington he had served as Director of the Office of Multilateral
Nuclear and Security Affairs; a Pearson Fellow with the Senate Foreign
Relations Committee and Senator Richard G. Lugar; Special Assistant to
the Under Secretary for Political Affairs at the State Department; and
Iran desk officer and staff assistant in the Bureau of Near Eastern Affairs. 76
While attending the March 14, 2011 G8 foreign ministers meeting in Paris to discuss the Libyan crisis, 77 the Secretary arranged to have a separate meeting with Jibril, the leader of the Transitional National Council. 78
She asked that Stevens be rerouted to join her and Ambassador Gene A.
Cretz, the U.S. Ambassador to Libya, for the meeting with Jibril. 79 As a
result of the meeting with Jibril, the Secretary was convinced the United
72
III-18
States should support the TNC in its efforts to become the new Libyan
government. 80
The decision to send a representative to the TNC was seen as both practical and symbolic. Ambassador Cretz explained the rationale for having
a presence in Benghazi, telling the Committee the center of the revolution was in Benghazi. It was the place that the opposition had centered
around as its, in effect capital. 81 He testified several other coalition
partners established envoys in Benghazi and so it was only natural the
U.S. have a presence there as well since the United States had a stake in
the outcome of the Libyan revolution.82
Delay
The administration then made plans to send Stevens to Benghazi. Following the Secretarys March 14, 2011 meeting in Paris with Jibril, Stevens did not return to the United States but remained in Europe to plan
his entry into Libya.83 He traveled to Stuttgart, Germany to meet with
General Carter F. Ham, commander of the United States Africa Command [AFRICOM], to discuss the trip into Libya, including any potential
rescue operations. 84 Stevens discussed travelling to Benghazi on a helicopter to a coalition naval vessel that can go close to shore, and then
80
See Email from Jacob Sullivan, Dir. of Policy Planning, U.S. Dept of State, to himself
on a personal email account (Mar. 16, 2011, 9:29 AM) (on file with the Committee,
SCB0075861).
81
Testimony of Gene A. Cretz, U.S. Ambassador to Libya, Tr. at 32 (Jul. 31, 2015)
[hereinafter Cretz Testimony] (on file with the Committee).
82
Id. at 32-33.
83
Email from Jeffrey D. Feltman, Asst Secy of State, Bureau of Near Eastern Affairs,
U.S. Dept of State, to John C. Stevens, U.S. Representative to Transitional National
Council (Mar. 11, 2011, 9:20 PM) (on file with the Committee, SCB0076601) (I know
you have your travel accommodations set for Rome. But S staff would like you to join
the Secretary and Gene Cretz for a mtg in Paris with Mahmoud Jabril.). Testimony of
Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of State, Tr. at 13
(February 10, 2015)[hereinafter Diplomatic Security Agent 6 Testimony] (on file with the
Committee) ([W]hen I left Washington, I went to Rome. And in Rome, I was met by the
Envoy, Chris Stevens.).
84
Email from Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of State
to Joan A. Polaschik, Deputy Chief of Mission in Libya, U.S. Dept of State, et al. (Mar.
24, 2011, 9:55 AM) (on file with the Committee, SCB0095893-98) (discussing Stevens
plan).
III-19
zodiac transport from ship to shore for day trips only, returning to the
naval vessel to RON [rest overnight]. 85
In addition to Stevens activities, the Secretary and her advisors were
coordinating with United States Agency for International Developments
[USAID] Disaster Assistance Response Team to travel into Benghazi to
assess firsthand the extent of the humanitarian crisis. 86 On March 15,
2011, however, USAID pulled the plug because of security concerns.87
That same day, Stevens mission to Benghazi expanded:
The latest is now that 12-13 people are going into Libya near
Benghazi. Its John C. Stevens (lead), a JO (no name) who is
fluent in Arabic, 10 DS agents (protective detail) and they are
working on getting a Management Officer to go to do the admin/accounting work. There are at least 2 DOD military elements going along (SOC Forward types i.e. Special Forces).
Given how this has grown from our earlier discussions, I think
$60,000 is needed rather than the $25,000 we initially thought.
They are talking about this trip being up to 30 days. 88
While Stevens was still in Europe coordinating his entry, the National
Security Council ordered him to deploy as soon as possible. 89 For the
85
Email from Joan A. Polaschik, Deputy Chief of Mission in Libya, U.S. Dept of State,
to Lee Lohman, Ex. Dir., Bureau of Near Eastern Affairs, U.S. Dept of State and Post
Management Officer, Bureau of Near Eastern Affairs, U.S. Dept of State (Mar. 23, 2011,
5:14 PM) (on file with the Committee, SCB0091885).
86
See Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to William J. Burns, Deputy Secy of State, U.S. Dept of State (Mar. 6, 2011, 3:48 PM) (on file
with the Committee, SCB0095837-0095838) (discussing coordination with USAID and
the situation in region).
87
See Email from Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of
State, to Eric J. Boswell, Asst Secy of State, Bureau of Diplomatic Security, U.S. Dept
of State, et al (Mar. 15, 2011, 1:59 PM) (on file with the Committee,SCB00958770095879).
88
See Email from Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of
State (Mar. 15, 2011, 8:02 PM) (on file with the Committee, SCB 0098178-0098179).
89
See Email from Joan A. Polaschik, Deputy Chief of Mission in Libya, U.S. Dept of
State to Lee Lohman, Ex. Dir. Bureau of Near Eastern Affairs, U.S. Dept of State and
Post Management Officer, Bureau of Near Eastern Affairs, U.S. Dept of State (Mar. 23,
2011, 5:14 PM) (on file with the Committee, SCB0091885). See also Email from Special
Asst, Office of Deputy Secy, U.S Dept of State, to Thomas R. Nides, Deputy Secy of
State, U.S. Dept of State (Mar. 24, 2011, 1:47 PM) (on file with the Committee,
SCB0075262).
III-20
90
See Email from Joan A. Polaschik, Deputy Chief of Mission in Libya, U.S. Dept of
State, to Ronald L. Schlicher, et al. (Mar. 24, 2011, 9:40 AM) (on file with the Committee, SCB0095893-94) (Per Chris emails, he would travel into Benghazi via zodiac or
helicopter. All mil assets would be US, including comms and medic. Seals would participate in civilian dress -- an initiative that could prove problematic with the TNC. Travel
would be day trips. RON on the US naval vessel.).
91
Email from Janet A. Sanderson, Deputy Asst Secy of State, Bureau of Near Eastern
Affairs, to Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of State (Mar.
26, 2011, 12:02 PM) (on file with the Committee, SCB0094603) (Pat, AID Administrator talked to Bill Burns last night and requested Stevens Mission include one or two
DART team reps.).
92
Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to William
J. Burns, Deputy Secy of State, U.S. Dept of State (Mar. 6, 2011, 3:48 PM) (on file with
the Committee, SCB0095837-0095838).
93
Email from Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of State,
to Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, and Joseph E. Macmanus, Executive Asst, Office of the Secy (Mar. 30, 2011, 12:50 PM) (on file with the
Committee, SCB0071180).
94
Id.
95
Id.
96
Clinton Testimony at 20-21.
III-21
97
See Email to Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of State
(Mar. 30, 2011, 7:38 PM) (on file with the Committee, SCB0095929) (attaching Benghazi Party OPLAN at SCB0095929-35).
98
Id.
99
Clinton Testimony at 20; see also Email from Special Asst to Deputy Secy, U.S.
Dept of State, to Thomas R. Nides, Deputy Secy of State, U.S. Dept of State (Apr. 5,
2011, 5:38 PM) (on file with the Committee, SCB0061086) (Chris explained his mission, making it clear that he would like to meet all members of the TNC and as many
local council members as possible to understand the extent of the TNCs support.).
100
Remarks, Hillary R. Clinton, Secy of State, U.S. Dept of State, Prepared Remarks:
Secretary Clinton Remarks at Swearing-In Ceremony for Chris Stevens, Ambassador to
Libya (May 14, 2012),
http://www.state.gov/secretary/20092013clinton/rm/2012/05/197696 htm.
III-22
101
III-23
went to the Tibesti and looked at that. At the time, there were
some advantages for us to be there.108
***
There were a lot of journalists there that would make it easier
for[sic] and others staying there that would make it easier for
Mr. Stevens to communicate with these people without us having
to make unnecessary movements all the time. And there was a
little bit of security at that hotel, very minimal. There was a presence. 109
He also testified:
There wasnt a formalized policeI mean, there was probably
somebody that called himself a police chief. And then you had
the militarysomewhat of a military presence, you knowthat
really wasnt focused on anything to do with our security. They
had, you know, they were trying to fight the war. Then you had
February 17, a militia that assisted us a little bit.110
Notwithstanding the minimal security advantages over other hotels, Stevens and the Diplomatic Security Agents remained concerned about the
security vulnerabilities of the Tibesti Hotel.
CIVIL WAR AND UNREST
Five days after Stevens arrived in Benghazi, he and his group were nearly forced to leave. Qadhafis forces had regrouped around the city of Ajdabiya, approximately 100 miles south of Benghazi. 111 Stevens and the
108
Id. at 32.
Id. at 32-33.
110
Id. at 33.
111
See Email from Gene A. Cretz, U.S. Ambassador to Libya, to Jeffery D. Feltman,
Asst Secy of State, Bureau of Near Eastern Affairs, U.S. Dept of State, et al. (Apr. 10,
2011, 6:06 AM) (on file with the Committee, SCB0095985) (It appears that qadhafi
forces are at the eastern and western gate of adjdabiyah and that there is a real possibility
of the city falling.); see also Rob Crilly, Libya: rebels flee stronghold of Ajdabiya as
Gaddafi closes net, TELEGRAPH (Mar. 15, 2011),
109
III-24
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/8383872/Libyarebels-flee-stronghold-of-Ajdabiya-as-Gaddafi-closes-net.html.
112
See Email from Patrick Kennedy, Under Secy of State for Mgmt., U.S. Dept of
State, to James Steinberg, Deputy Secy of State, U.S. Dept of State, et al. (Apr. 10,
2011) (on file with the Committee, SCB0095985).
113
Diplomatic Security Agent 6 Testimony at 99; see also Email from Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of State, to Joan A. Polaschik, Deputy
Chief of Mission in Libya, U.S. Dept of State (Apr. 10, 2011, 2:06 PM) (on file with the
Committee, SCB0095970) (showing email exchange at the time).
114
Email from Huma Abedin, Deputy Chief of Staff to U.S. Secy of State, U.S. Dept of
State, to Hillary R. Clinton (H), Secy of State, U.S. Dept of State (April 10, 2011,
10:14 AM) (on file with the Committee, SCB0045049)
115
Email from Diplomatic Security Command Center (Apr. 15, 2011, 5:54 PM) (on file
with the Committee, C05396062).
116
Testimony of Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of
State, Tr. at 50 (Apr. 15, 2015) [hereinafter Diplomatic Security Agent 8 Testimony] (on
file with the Committee).
III-25
minimum, the core members of your post security envelope and intelligence if they are present. 117
The April 15, 2011 EAC highlighted three discreet incidents including:
(1) military grade explosives were found with the Tibesti Hotel as the
identified target; (2) two explosives were detonated outside the El Fadeel
Hotel the hotel used by the U.N. and UK; and (3) a large fire and pillar
of smoke was seen emanating near the Hotel Uzothe hotel occupied by
many international journalists.118 The EAC determined it would work
with the Transitional National Council to focus on security. 119
Less than 10 days later, on April 24, 2011, Stevens again considered
whether it was safe enough to stay at the hotel. He informed State Department senior officials the Tibesti Hotel might not be safe enough in
the long run and alternative facilities might be needed for a longer term
stay. 120
The Diplomatic Security Agents on the ground protecting Stevens and
his team members described a high-risk security environment. The
Agents spoke of explosions occurring near and around the Tibesti Hotel. 121 They described constant gunfire, including a small-caliber round
[that] came through the dining room where [Stevens] and the Swedish
Consul were having dinner and a round that went through the window
of our command post room in the hotel.122 One Diplomatic Security
Agent testified the car bomb explosions reminded me of what I experi-
117
Testimony of Charlene Lamb, Deputy Asst Secy, Bureau of Diplomatic Security,
Intl Programs, U.S. Dept of State, Tr. at 174 (Jan. 7, 2016) [hereinafter Lamb Testimony] (on file with the Committee).
118
See Email to DSCC_C DS Seniors (Apr. 15, 2011, 5:54 PM) (on file with the Committee, C05396062).
119
See Email to DSCC_C DS Seniors (Apr. 15, 2011, 5:54 PM) (on file with the Committee, C05396062).
120
See Email from Huma Abedin, Deputy Chief of Staff to U.S. Secy of State, U.S.
Dept of State, to Hillary R. Clinton (H), Secy of State, U.S. Dept of State (Apr. 24,
2011, 10:25 AM) (on file with the Committee, SCB0045054) (forwarding email communicating Benghazi security update, hotels being targeted, cell arrested, increased security being sought, and may need to move out of hotel to villa).
121
Diplomatic Security Agent 6 Testimony at 39-42.
122
Testimony of Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of
State, Tr. at 42. (Feb. 12, 2012) [hereinafter Diplomatic Security Agent 9 Testimony] (on
file with the Committee).
III-26
enced in Kabul or Iraq . 123 Unlike Kabul or Iraq, however, there was
no U.S. military presence in Libya.
Security would remain tenuous through the summer. On June 10, 2011, a
credible threat to the Tibesti Hotel forced Stevens and his team out of the
hotel and to a more secure location. 124 In late July 2011, a leading opposition figure, General Abdul Fatah Younisa former Qadhafi loyalist
who defected earlier in 2011 to join the oppositionwas assassinated in
Benghazi. 125
BENGHAZI MISSION: SUMMER 2011
Despite the unrest and security concerns in April 2011, senior leaders at
the State Department were discussing continuing Stevens diplomatic
operation beyond the initial 30 days and into the summer of 2011. On
April 14, 2011, a report was filed with Thomas Nides, the Deputy Secretary of State for Management and Resources:
NEA will be drafting a paper for Steinberg, which essentially
will ask for an expanded scope of work for Stevenswhich will
allow him to stay in Libya for longer than (90 days or more).
Once NEA has some policy guidance about what Stevens should
be seeking to accomplish in Libya, it will devise a plan for a new
footprint on the groundthis will require needed resources and
could shift the mission from an envoy situation to a more permanent presence. We will need to watch this closely and Ive
flagged for P and D(S) staff that you and Pat should be included
in these discussions. 126
123
III-27
the Committee, SCB0075032). P is the designation for the Bureau of Political Affairs.
D(S) is the designation for the Deputy Secretary of State Steinberg.
127
Feltman Testimony at 42:
Q: Okay. And then when you either prior to your trip or during your
trip in May of 2011, were there discussions about continuing the
presence in Benghazi for an indefinite period of time, maybe not
years but at least the foreseeable future?
A: Yes, there were. And the discussions were, what's the appropriate
when I was there, part of our discussions were, what's the appropriate
platform for maintaining a presence for that period in Benghazi?
Q: And by "platform," do you mean number of personnel?
A: Number of personnel, communications, location. You know, at the
time we were in a hotel
Q: The Tibesti Hotel?
A: The Tibesti Hotel. And so the discussion had already started about
what were the alternatives to being in a place like that.
Q: Okay. And had there been some review of compounds and villas
at that time?
A: Yes, it had started, and it was very difficult because there were not
that many places available or appropriate. Id. at 43.
See also Email from Special Asst, Office of Deputy Secy, U.S. Dept of State, to
Thomas R. Nides, Deputy Secy of State, U.S. Dept of State (May 5, 2011, 7:00 PM) (on
file with the Committee, SCB0061070) (NEA sees Benghazi turning into an eventual
EBO and all that entails on resources, DS, OBO, and Interagency discussion.
(emphasis in original)).
III-28
comprise the protective detail for the mission. 128 By the end of June
2011, security threats had forced Stevens and his team to relocate. The
space constraints in the new locations forced the number of personnel in
Benghazi to drop to nine, including five Diplomatic Security Agents. 129
Staffing remained unchanged throughout the summer. 130 William V.
Roebuck, the Director of the Office of Maghreb Affairs, told Stevens:
Other principals like Deputy Secretary Nides are operating under
(and accept) the assumption that the mission will bulk back up to
17 as housing stabilizes and the security conditions permit . I
have the strong sense in any case that there would be little appetite for capping the mission at 9 people, given the equities the interagency has in the previously higher staffing figure.131
Notwithstanding the security threats and decreased staff, Stevens and his
team faced increasing demands. According to Polaschik, who served in
Benghazi in May 2011:
Certainly, when I was there, I was working from, you know, 8 in
the morning till midnight. And there were two reporting officers
there.
Just in terms of sustainability and getting the work done, 8 in the
morning until midnight is never a good recipe, and, also, when
you're trying to make sure that people are at a heightened state of
alert that's appropriate for a very fluid security environment.
128
Memorandum from Jeffrey D. Feltman, Assistant Secy of State, Bureau of Near Eastern Affairs, U.S. Dept of State, to Patrick F. Kennedy, Under Secy of State for Mgmt.,
U.S. Dept of State (June 10, 2011) [hereinafter June 10, 2011 Action Memo for Under
Secretary Kennedy] (on file with the Committee, C05578649).
129
See Email from Special Asst, Office of Deputy Secy, U.S Dept of State, to Thomas
R. Nides, Deputy Secy of State, U.S. Dept of State (June 21, 2011, 8:12 PM) (on file
with the Committee, SCB0061058) (discussing staffing concerns and issues).
130
See id. (discussing staffing concerns and issues).
131
Email from William V. Roebuck, Dir. Office of Maghreb Affairs, Bureau of Near
Eastern Affairs, U.S. Dept of State, to John C. Stevens, U.S. Representative to the Transitional National Council (June 21, 2011, 12:08 PM) (on file with the Committee,
C05409676).
III-29
132
III-30
They found a facility that had previously served as a man camp for
personnel working for the oil industry but had been abandoned at the
start of the civil war. 138 The lead Diplomatic Security Agent at the time
described the advantages of the camp:
[I]t had an established perimeter. That perimeter also gave us
setback from the road, setback being one of the critical elements
that we were looking for given that issues that we had at the Tibesti Hotel with the explosion.
It also was a hardened building. In other words, the mason area
was significant enough that it would likely withstand rounds
dropping down from the sky or, depending on the trajectory of a
particular round, it provided it afforded us additional protection
because of the construction of that particular villa.
It allowed us to control our access onto the compound. That was
one of the big problems with the hotel, was we didn't know who
was coming and going. It was an active, operating hotel. And so
they were there to make money, not to control the access necessarily for the Americans. 139
Notwithstanding the search for a secure location, traditional security
standards did not apply in Benghazi at the time. The physical security
specialist in Benghazi testified:
Q: You were advised that OSPB standards did not apply to Benghazi. Is that correct?
A: Yes.
Q: And when they didn't apply to Benghazi, did that mean the
city at large or did that mean a specific facility?
are treating the interim villa as hotel space only 30-60 days while we wait for the upgrades to the Villa Compound to come online.); see also Email from Diplomatic Security Agent 7 (June 17, 2011, 6:19 AM) (on file with the Committee, C05408710) (We
hope to have the interim villa by next tuesday [sic].).
138
Testimony of Physical Security Specialist, Bureau of Diplomatic Security, U.S. Dept
of State, Tr. at 9 (Apr. 6, 2016) [hereinafter Physical Security Specialist Testimony].
139
Diplomatic Security Agent 7 Testimony at 93-94.
III-31
III-32
145
Email (June 20, 2011, 11:30 AM) (on file with the Committee, C05396431).
Email from Physical Security Specialist, Physical Security Programs, Bureau of Diplomatic Security, U.S. Dept of State (Aug. 1, 2011, 11:08 AM) (on file with the Committee, C05393020).
147
Id.
148
See Email from Physical Security Specialist, Physical Security Programs, Bureau of
Diplomatic Security, U.S. Dept, to Diplomatic Security Agent 25 & James Bacigalupo,
Regional Director, Bureau of Diplomatic Security, U.S. Dept of State (Feb. 13, 2012)
(on file with the Committee, C05411579) ([T]he decision was made to stay put when
Villa B became an option and we stopped looking at the other properties.); see also
Email from Diplomatic Security Agent 11 (July 04, 2011, 3:59 AM) (on file with the
Committee, C05394858) (We are currently referring to our current residence as Villa A
and the neighboring property as Villa B.).
146
III-33
acquired. 149 The physical security specialist in Benghazi at the time described the sequence of events: That facility fell through on a Thursday,
and on the Friday, Stevens sat down with the Villa A landlord, who
brought along the owner of Villa B. Stevens especially liked Villa B and
said he wanted A and B together. 150
The decision made by Washington to exempt the proposed man camp
site from the official security standards also applied to the Mission compound. 151 The same physical security specialist in Benghazi explained:
Q: you were told that OSPB standards and SECCA did not
apply to the man camp; am I correct?
A: Did not apply.
Q: Did not apply.
So was that analysis then sort of used as it relates to the villa
compound?
A: It carried over.
Q: Carried over. So basically and correct me if I'm misstating
this but the thought would be that exceptions and waivers to
OSPB and SECCA do not apply in Benghazi, generally?
A: When I was there, that's the
Q: Is that a fair characterization?
A: That's the guidance that I was given at that time. 152
This decision to exclude the Mission compound in Benghazi from official security standards and rules was never formally communicated to the
149
See Email from Physical Security Specialist, Physical Security Programs, Bureau of
Diplomatic Security, U.S. Dept, to Diplomatic Security Agent 24, et al. (Feb. 13, 2012,
7:52 AM) (on file with the Committee, C05411579).
150
Summary of group interview with Physical Security Specialist and others (On file
with the Committee, SCB0046921-0046923).
151
See Physical Security Specialist Testimony at 134.
152
Id.
III-34
153
III-35
[sic] needed, installing shatter resistant window film and installing vehicle drop arm barriers. Post used available FAV
SUVs with maintenance issues (no working A/C) to block the
Villa A vehicle gates. There was no PSD/PCB trip report prepared upon return because conditions on the ground were changing on a near daily basis and were discussed on conference calls
and/or in email correspondence with concerned offices within
WDC as to what Post was proposing and what was being considered an approved for the leased properties. 155
Villa C, another residence, was acquired shortly after the residences located in Villas A and B. Although no security assessment was conducted
on Villa C at the time, one of the Diplomatic Security Agents assessed
[n]o upgrades are needed for Villas A & C. 156
As Stevens and his team finalized the acquisition of all three Villas in
late July 2011, a Diplomatic Security Agent on the ground outlined to
Washington D.C. a number of security-related items, needed to better
protect the new compound: 157
More agents required: Between the three compounds, were
looking at roughly 15 acres of property to secure. This will require additional SAs [special agents] (up to five more) by early
to mid-August. For REACT purposes, teams of agents will reside on all three compounds. Once resources permit, RSO [regional security officer] TOC [technical operations center] will be
staffed 24/7.
LGF [local guard force]: per the contract already in place with
AQM, well have 11 unarmed guard positions (all 24/7). This includes a Shift Supervisor and 10 guard posts. Tripoli LGF commander will oversee day-to-day operations. LGF will be in place
prior to occupancy. Guard Orders in draftpending.
155
Id.
Email from Diplomatic Security Agent 11 to Physical Security Specialist, Physical
Security Programs, Bureau of Diplomatic Security, U.S. Dept of State, and Post Management Officer for Libya, Bureau of Near Eastern Affairs, U.S. Dept of State (Aug. 1,
2011, 6:32 PM) (on file with the Committee, C05393020).
157
Email from Diplomatic Security Agent 11 to DS-IP-NEA (July 21, 2011, 3:22 PM)
(on file with the Committee, C05396529).
156
III-36
158
Email from Diplomatic Security Agent 11 to DS-IP-NEA (July 21, 2011, 3:22 PM)
(on file with the Committee, C05396529).
159
See Email from Diplomatic Security Agent 11 to DS-IP-NEA (July 21, 2011, 3:22
PM) (on file with the Committee, C05396529) (mentioning that [b]arring any issues,
occupancy of villa B&C could be as early as Aug. 1.); see also Lease Agreement between [REDACTED] and the United States of America, STS-800-11-L-009 (Aug, 3,
2011) (on file with the Committee, C05394161) (showing term of lease beginning Aug.
1).
160
Id.; see also Letter (July 28, 2011) (on file with the Committee, SCB0047437-42)
(authorizing three leases in Benghazi).
III-37
161
Testimony of Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of
State, Tr. at 18 (Apr. 9, 2015) [hereinafter Diplomatic Security Agent 12 Testimony] (on
file with the Committee).
162
Diplomatic Security Agent 8 Testimony at 41.
163
See Email from U.S. Embassy Tripoli, to Gene A. Cretz, U.S. Ambassador to Libya
(Sept. 7, 2011, 12:53 PM) (on file with the Committee, C05390164) ( the TNC effectively took control of Tripoli in mid-August and has begun to establish its presence and
authority in the city.).
164
See id. (Approximately half of the TNCs executive cabinet is currently in Tripoli,
joined by 15 of the TNCs 42 council members.).
165
Id.
166
Email from William V. Roebuck, Dir. Office of Maghreb Affairs, Bureau of Near
Eastern Affairs, U.S. Dept of State, to Raymond D. Maxwell, Deputy Asst Secy, Bu-
III-38
main in Benghazi until the TNCs relocation was complete later that
fall. 167
Uncertain Diplomatic Status
Stevens Mission in Benghazi fell outside the normal realm, even extending to questions about its diplomatic status. 168 Typically, a Mission and
its staff are notified to the host nation under which they receive the full
privileges and immunities afforded under international conventions.169 At
the time Stevens and his team went into Benghazi to coordinate with the
emerging Transitional National Council, 170 however, the U.S. had not
severed formal diplomatic relations with the Qadhafi regime. 171 Gene A.
Cretz remained the Ambassador to Libya, and he and a select number of
reau of Near Eastern Affairs, U.S. Dept of State, and Elizabeth L. Dibble, Principal
Deputy Asst Secy of State, Bureau of Near Eastern Affairs, U.S. Dept of State (Sept.
20, 2011, 8:20 AM) (on file with the Committee, C05389443) (I am forwarding this to
socialize Chris thoughts on the future of the Benghazi Mission, in light of our Embassy
in Tripoli. He would like to conclude his service o/a October 6 and return to Washington.).
167
Email from Elizabeth L. Dibble, Principal Deputy Asst Secy of State, Bureau of
Near Eastern Affairs, U.S. Dept of Sate, to Raymond D. Maxwell, Deputy Asst Secy,
Bureau of Near Eastern Affairs, U.S. Dept of State, William Roebuck, Dir. Office of
Maghreb Affairs, Bureau of Near Eastern Affairs, U.S. Dept of State, and Lee Lohman,
Ex. Dir., Bureau of Near Eastern Affairs, U.S. Dept. of State, et al. (Sept. 20, 2011, 6:38
PM) (on file with the Committee, C05389443) (I raised with Jeff [Feltman]. He thinks
Chris needs to stay in Benghazi until Jalil has relocated more or less permanently to
Tripoli. He also thinks we should not rush to shut down the operation there.).
168
See Email from Senior Desk Officer for Libya, Office of Maghreb Affairs, Bureau of
Near Eastern Affairs, U.S. Dept of State, to John C. Stevens, U.S. Representative to
Transitional National Council (stevens chris) (July 27, 2011, 9:22 AM) (on file with
the Committee, C05561961) (attaching draft staffing paper discussion of the role of the
Mission); see also Email from Senior Desk Office for Libya, Office of Maghreb Affairs,
Bureau of Near Eastern Affairs, U.S. Dept of State, to U.S. Embassy Tripoli, (Sept. 7,
2011, 1:02 PM) (on file with the Committee, C05390164).
169
See Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 23 U.S.T. 3227, 500
U.N.T.S. 95; Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77 ,
596 U.N.T.S. 261.
170
Email from Special Asst, Office of Deputy Secy, U.S. Dept of State, to Thomas R.
Nides, Deputy Secy of State, U.S. Dept of State (Apr. 5, 2011, 5:38 PM) (on file with
the Committee, SCB0061086) (Chris explained his mission, making it clear that he
would like to meet all members of the TNC and as many local council members as possible to understand the extent of the TNCs support.).
171
See Feltman Testimony at 27.
III-39
his team were serving in exile in Washington D.C. 172 Feltman explained:
Again, the overall goal was to try to limit the need for a military
solution, to focus on a political solution, and convince Qadhafi
that his time was over. So you close down the Embassy in Tripoli of course, we closed it down earlier for security reasons but
you have no representation in Tripoli, but suddenly you have
somebody in Benghazi.
You know, psychologically, did this have an impact on Qadhafi's
thinking to realize that the U.K., the U.S., France, Italy, whole
lists of countries no longer had representation in Tripoli, but they
had representation in Benghazi.
Now, the TNC, as I said, wasnt a government at the time. You
know, there's certain attributes that a government has that we
didn't think they had achieved those attributes yet. They very
much wanted to be recognized as the legitimate government of
Libya, and I'm not sure that any country actually recognized
them within that period as legitimate government. I don't think
they did. But it was important to show who which Libyans did
the U.S. think were appropriate interlocutors at the time. 173
Keeping Washington Informed
While contending with the civil unrest and seeking a location to house
his diplomatic mission, Stevens set out to meet with leaders of the fledgling TNC. 174 He also met with other nations on the ground and leading
rebel forces. 175 Throughout his time in Benghazi in 2011 Stevens kept
Washington informed of the ongoing developments. For example, on
April 10, 2011, he reported to Washington:
172
III-40
The situation in Ajadbiyah has worsened to the point where Stevens is considering departing Benghazi. The envoys delegation
is currently doing a phased checkout (paying the hotel bills,
moving some items to the boat etc.). He will monitor the situation to see if it deteriorates further, but no decision has been
made on departure. He will wait 2-3 more hours and then revisit
the decision on departure.
***
The Brits report Qadhafis forces are moving from Sirte to
Brega, which they interpret as preparation for another assault on
Ajadbiyah today.
He plans to discuss the situation further with the Brits, Turks,
and the TNC to see if this is an irreversible situation. Departure
would send a significant political signal, and would be interpreted as the U.S. losing confidence in the TNC.
Initial message to the TNC would frame the departure as due to
security grounds and as a temporary measure only.
Polaschik said she would discuss these developments with Ambassador Cretz.
If the group departs, the contract for the boat stipulates they return to Greece. One scenario could be the group stages elsewhere
for a few days. 176
On April 25, 2011, Stevens reported the following:
Political/economic developments:
The TNC [Transitional National Council]: This week the Council will focus on strengthening its executive arm, the Crisis
Management Committee, by appointing coordinators (i.e. ministers) for defense, interior, and justice. They will also encourage
the head of the Committee Dr. Mahmoud Jabril to remain in
176
Id.
III-41
Email from Staff Asst, Office of the U.S. Secy of State, U.S. Dept of State, to Jacob
J. Sullivan, Dir. Policy Planning, U.S. Dept of State, et al. (Apr. 25, 2011, 4:33 PM) (on
file with the Committee, SCB0083338).
III-42
said he gave interviews to Egyptian TV channels last night complaining about this problem and calling on Egyptian authorities
to stop it. According to press reports, TNC Chairman Abd alJalal asked Egyptian authorities to halt Qadhafadams efforts to
raise funds to use against the rebels. 178
On August 22, 2011, Stevens filed a report on the fall of Tripoli:
TNC caretaker cabinet/members were up until 4am following
events in Tripoli and discussing plans for the coming days. Tarhouni said the TNC has been in constant communication with its
people in Tripoli, including both fighters and those entrusted
with implementing the stabilization plans. Rebels in Tripoli, in
coordination with the TNC, have begun to set up checkpoints inside the city and guard public buildings.
TNC chairman Abd al Jalil and PM Jabril made statements to the
media last night, urging people to refrain from revenge attacks
and destruction of public buildings.
There has so far been no bloodbath or serious looting.
The capture of Saif al-Islam al-Qadhafi and Mohamed atQadhafi is significant. The TNC, including Abd al-Jalil himself,
intervened with rebels surrounding Mohameds house to ensure
that they didnt harm him. They understood that it would be
harmful to the revolution and the TNC if he were killed. These
events were captured live by Al Jazeera in interviews with Mohamed. Both brothers are in rebel custody (at this time, it is unclear to us exactly who is holding them, however).
Per Tarhouni, the next steps are: 1) find Muammar Qadhafi; 2)
issue a statement announcing the end of the Qadhafi regime and
the start of the interim period under the TNC (TNC staff have
begun drafting this statement already); 3) insure the delivery of
essential services and commodities (esp. addressing the acute
shortages of fuel, childrens milk, and medication for blood pressure and diabetes); and 4) move the TNC to Tripoli.
178
Id.
III-43
Regarding the move to Tripoli, Tarhouni said security arrangements would need to be made before they could send the TNC
leadership to the capital. We have heard from another contact
that some TNC members are already making plans to fly to
Misurata and the Western Mountains, possibly as early as today,
and from there drive to Tripoli.179
As Stevens filed his reports, State Department personnel continued to
monitor. 180 The Post Management Officer, who handled logistics for
Stevens mission, told the Committee:
In the initial insertion period, we were speaking to the team on
the ground on a regular basis, and we would say we will touch
base with you again in X number of hours and have another
phone call.
I dont know when we shifted to a regular schedule versus when
we were just saying, okay, weve heard from you now. Okay.
Lets talk again in 6 hours once things have gone on. Well give
you 8 hours and let you sleep, and then well talk to you again,
kind of thing. 181
Polaschik reported:
I saw my role as his [Stevens] backstop, because having been in
a situation where the security environment was very fluid, and
having limited resources, knowing that their communications
setup was less than ideal as they were getting started, I thought it
was very important for him to have a single point of contact that
he could reach out to that could then communicate information,
requests, et cetera; and also I personally felt very invested in
what was happening, and I wanted to be there for him. 182
Later in her testimony, Polaschik said:
179
Email to Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, et al. (Aug.
22, 2011, 6:54 AM) (on file with the Committee, SCB0045093).
180
See Post Management Officer for Libya Testimony at 115.
181
Id. at 108.
182
Polaschik Testimony at 28.
III-44
Quite early on, it looked as if Chris and team had just arrived.
There was a moment when it looked like a city called Ajdabiya
was about to fall to Qadhafi forces. I remember it was a Saturday, and I was on a conference call, and I remember talking to
Chris and saying, are you sure you should stay? Because my perspective is very much with the events in Tripoli when we were
evacuating fresh in my mind, things can change on a moment's
notice; I would feel much better if he would get out now.
And Chris had, I think, a different tolerance for risk than I did.
And he felt that the conditions on the ground were such that it
was okay to stay. And, again, these were conference calls that
involved a variety of actors in the State Department. I believe Op
Center was on it and was probably documenting the call as well.
So that was one instance.
But in terms of the overall what is our future, I don't remember
the specifics, but I do remember an overall very strong impression from Chris that he felt it was important to stay, and the conditions were such that they should. 183
Recognition of the TNC
The discussion in the summer among senior officials in Washington also
turned toward supporting the TNC to an even greater degree.184 The first
step in supporting the emerging council was determining when and how
to recognize them. Stevens reported to Washington earlier in June substantial pockets of people in Benghazi and Eastern Libya are questioning the TNCs legitimacy. 185 At the behest of the Secretary, the
United States took the unprecedented step of formally recognizing the
Transitional National Government on July 15, 2011, 186 terming it the
183
Id. at 30.
See Fishman Testimony at 22 ([D]uring the intervention, we were trying, as mandated by the Security Council, to protect the civilian population of the Libyan people, and
once their regime was collapsed, we were trying to, as we saw it, help the Libyans stabilize their country and support the interim authorities to do that.).
185
See Email from Special Asst, Office of Deputy Secy, U.S. Dept of State, to Thomas
R. Nides, Deputy Secy of State, U.S. Dept of State (June 7, 2011, 7:38 PM) (on file
with the Committee, SCB0074994) (discussing the TNCs legitimacy).
186
Hillary R. Clinton, Secy of State, U.S. Dept of State, Remarks on Libya and Syria
(July 15, 2011),
184
III-45
http://www.state.gov/secretary/20092013clinton/rm/2011/07/168656 htm.
187
Fishman Testimony at 32.
188
Id. at 33-34.
189
Id. at 60.
190
See Email from Senior Desk Officer to Libya, Office of Maghreb Affairs, Bureau of
Near Eastern Affairs, U.S. Dept of State, to John C. Stevens, U.S. Representative to
Transitional National Council (stevens chris) (July 27, 2011, 9:22 AM) (on file with
the Committee, C05390164) (attaching draft staffing paper).
191
Email from William V. Roebuck, Dir. Office of Maghreb Affairs, Bureau of Near
Eastern Affairs, U.S. Dept of State, to Joan A. Polaschik State, Deputy Chief of Mission
in Libya, U.S. Dept of State (July 18, 2011, 8:17 PM) (on file with the Committee,
C05579345).
III-46
192
III-47
physicians on board (16), nurses (40), custodial and kitchen staff (18).
Osprey also provided hard figures on how much it would cost to procure
the ship, maintain the ship, and acquire medical equipment. 199
On July 14, 2011the day before the United States officially recognized
the TNC as the legitimate representative of the Libyan people
Blumenthal emailed the Secretary twice. 200 One email contained the subject H: IMPORTANT FOR YOUR MEETING. Sid. 201 The other email
contained the subject Re: H: Pls call before you leave for Turkey. Important re your trip. Sid. 202 That email contained the note read the
memo I sent you. Here it is again. 203 The contents of both emails are
identical:Blumenthal described Osprey and the funding issues associated with his venture. The emails read:
You should be aware that there is a good chance at the contact
meeting in Turkey the TNC ambassador to the UAE, a man you
have not yet met, whose name is Dr. Neydah, may tell you the
TNC has reached an agreement with a US company. The company is a new one, Osprey, headed by former General David
Grange, former head of Delta Force. Osprey will provide field
medical help, military training, organize supplies, and logistics
to the TNC. They are trainers and organizers, not fighters.
Grange can train their forces and he has drawn up a plan for taking Tripoli similar to the plan he helped develop that was used
by the first wave of Special Forces in the capture of Baghdad.
This is a private contract. It does not involve NATO. It puts
Americans in a central role without being direct battle combat-
199
Id.
Email from Sidney Blumenthal (sbwhoeop) to Hillary R. Clinton (H), Secy of
State, U.S. Dept of State (July 14, 2011, 10:38 AM) (on file with the Committee,
SCB0078451); Email from Sidney Blumenthal (sbwhoeop) to Hillary R. Clinton (H),
Secy of State, U.S. Dept of State (July 14, 2011, 7:03 PM) (on file with the Committee,
SCB0078453).
201
Email from Sidney Blumenthal (sbwhoeop) to Hillary R. Clinton (H), Secy of
State, U.S. Dept of State (July 14, 2011, 10:38 AM) (on file with the Committee,
SCB0078451).
202
Email from Sidney Blumenthal (sbwhoeop) to Hillary R. Clinton (H), Secy of
State, U.S. Dept of State (July 14, 2011, 7:03 PM) (on file with the Committee,
SCB0078453).
203
Id.
200
III-48
ants. The TNC wants to demonstrate that they are pro-US. They
see this as a significant way to do that. They are enthusiastic
about this arrangement. They have held meetings with Grange in
Geneva and Dubai this week, Tuesday and Wednesday, that concluded late last night (Wednesday). They have developed a good
relationship. This is the group the TNC wants to work with. As I
understand it, they are still working out funding, which is related
to the overall TNC funding problems.
Grange is very low key, wishes to avoid publicity and work quietly, unlike other publicity hungry firms. Grange is under the radar.
Tyler, Cody and I acted as honest brokers, putting this arrangement together through a series of connections, linking the Libyans to Osprey and keeping it moving. The strategic imperative:
Expecting Gaddafi to fall on his own or through a deus ex
machina devolves the entire equation to wishful thinking. The
TNC has been unable to train and organize its forces. The NATO
air campaign cannot take ground. The TNC, whose leaders have
been given to flights of fancy that Qaddafi will fall tomorrow or
the day after, have come to the conclusion that they must organize their forces and that they must score a military victory of
their own over Qaddafi that is not dependent solely on NATO in
order to give them legitimacy. 204
Upon receiving these emails, the Secretary forwarded one to Sullivan
and said Pls read and discuss w me at hotel. Thx. 205 She also responded to Blumenthal. First she wrote: I just landed and will call shortly. 206
204
Id.
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Dir. of Policy Planning, U.S. Dept of State (July 14, 2011, 6:47 PM) (on file
with the Committee, SCB0078451).
206
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Sidney
Blumenthal (sbwhoeop) (July 14, 2011, 6:31 PM) (on file with the Committee,
SCB0078454).
205
III-49
She followed with: Got it. Will followup tomorrow. Anything else to
convey? 207
The following day, the United States formally recognized the TNC as the
legitimate representative of the Libyan people, allowing the TNC to access $30 billion in Libyan assets held in the United States. 208
On August 24, 2011, Osprey and the TNC entered into a Memorandum
of Understanding that read, in part:
Per meetings held 13 July and 20 Aug 2011 in Dubai with Dr.
Aref Aly Nayed and in Amman on 23 and 24 August with Mohammad Kikhia, this agreement is entered into this 24th day of
August 2011 between the National Transitional Council of Libya
(hereinafter referred to as NTC), now recognized by the United States Government of America as the legitimate and sole government of the Republic of Libya (ROL), and Osprey Global Solutions, LLC The specific tasksScope of Work (SOW) the
NTC desires to retain Osprey to perform include but are not limited to Provide ship-to-shore (maritime) logistical support,
advanced field hospital services and mobile command and control 209
The total cost in the Memorandum for the first year of Ospreys servicesto include the multi-purpose 302 shipwas $114 million. 210
The head of Osprey, General David L. Grange, also wrote Andrew J.
Shapiro, Assistant Secretary for Political-Military Affairs, regarding the
207
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Sidney
Blumenthal (sbwhoeop) (July 14, 2011, 7:37 PM) (on file with the Committee,
SCB0078453).
208
Sebnem Arsu & Steven Erlanger, Libyan Rebels Get Formal Backing, and $30 Billion,
N.Y. TIMES (July 15, 2011),
http://www nytimes.com/2011/07/16/world/africa/16libya html?_r=0.
209
Osprey Global Solutions, Memorandum of Understanding (Aug. 24, 2011) (on file
with Committee).
210
Id.
III-50
hospital ship. 211 In the letter Mr. Grange wrote Osprey was prepared to
provide the following services:
Provide ship-to-shore (maritime) medical and logistical support,
advanced field hospital services and mobile command and control; this would include the immediate deployment of a hospital
ship equipped with rotary wing assets 212
Ultimately the National Security Council rejected the hospital ship proposal. 213
Senior Official Travel to Libya
Despite the tenuous security environment in the summer of 2011, senior
officials from Washington D.C., including Feltman, William Roebuck,
Director, Office of Maghreb Affairs, Bureau of Near Eastern Affairs,
State Department, and Fishman, traveled to Benghazi. 214 Feltman wrote
to the Secretary during his August 2011 trip to Benghazi:
I have joined our representative, Chris Stevens, in meetings with
a large number of representatives from the TNC, civil society,
UN organizations and NGOs, and diplomatic corps. While we
had no idea our trip would correspond with the significant military advances in the east and start the coordinated Tripoli uprising dubbed Operation Mermaid Dawn, the timing gave us the
opportunity to note the contrast between the relative bureaucratic
quiet here compared to the hyped-up activity in western Libya. 215
He also described the impact the assassination of General Younis, commander of the rebel forces had on the security environment in Bengha-
211
Letter from David L. Grange to Andrew J. Shapiro, Asst. Secy for Political-Military
Affairs, U.S. Dept of State (Jan. 4, 2012) (on file with Committee).
212
Id.
213
Scott Shane & Jo Becker, A New Libya, With Very Little Time Left, N.Y. TIMES,
(Feb. 27, 2016),
http://www nytimes.com/2016/02/28/us/politics/libya-isis-hillary-clinton html.
214
Email from Huma Abedin, Deputy Chief of Staff to U.S. Secy of State, U.S. Dept of
State, to Hillary R. Clinton (H), Secy of State, U.S. Dept of State (Aug. 21, 2011,
9:26 AM) (on file with the Committee, SCB0045090-92) (Ms. Abedin forwarding Mr.
Feltmans message to Secy Clinton).
215
Id.
III-51
zi. 216 He spoke of the two realities of Libyan life that TNC officials had
previously tried to downplay: tribes and militia On reigning [sic] in
the militia we heard no good answers. 217
It was also during this trip to Benghazi Feltman discussed with Stevens
the future of the Benghazi Mission:
During the August trip, Chris and I talked about, frankly, our
shared view that we needed to maintain a longer presence in
Benghazi than the fall of Tripoli might otherwise suggest. I was
in Benghazi when the battle for Tripoli began, and it was clear
that this time, it was inevitable that Qadhafi was leaving Tripoli
even though he wasn't, of course, found and killed until later.
And so Chris and I did talk in that August trip about the fact that
both of us believed that we needed to maintain some kind of
presence in Benghazi for the foreseeable future. We didnt talk
about how long, but given the history of Libya, given the history
of the revolution, given the need for Benghazi to remain supportive of whatever government took form in Tripoli, we thought it
was politically extremely important that we maintain some kind
of presence in Benghazi beyond the fall of Tripoli.218
THE FALL OF QADHAFI
With NATO airstrikes providing cover, by August 2011 the Libyan opposition was finally able to push back against Qadhafis forces.219 On
August 21, 2011, rebels advanced into Tripoli. 220 The next morning, Ste-
216
General Younis, a former Libyan interior minister under Qadhafi, defected to the rebel
side when the revolution began and became the commander-in-chief of the rebel forces in
Libya.
217
Email from Huma Abedin, Deputy Chief of Staff to U.S. Secy of State U.S. Dept of
State, to Hillary R. Clinton (H), Secy of State, U.S. Dept of State (Aug. 21, 2011,
9:26 AM) (on file with the Committee, SCB0045090-92).
218
See Feltman Testimony at 44-45.
219
See John F. Burns, NATO Bombs Tripoli in Heaviest Strikes Yet, N.Y. TIMES (May 23,
2011), http://www.nytimes.com/2011/05/24/world/africa/24libya.html.
220
Kareem Fahim & David D. Kirkpatrick, Jubilant Rebels Control Much of Tripoli,
N.Y. TIMES (Aug. 21, 2011),
http://www nytimes.com/2011/08/22/world/africa/22libya html.
III-52
221
Email from Huma Abedin, Deputy Chief of Staff to U.S. Secy of State, U.S. Dept of
State, to Hillary R. Clinton (H), Secy of State, U.S. Dept of State (Aug. 22, 2011,
7:07 AM) (on file with the Committee, SCB0045093) (forwarding update from Stevens
in Benghazi).
222
Id.
223
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Huma
Abedin, Deputy Chief of Staff to U.S. Secy of State, U.S. Dept of State (Aug. 22, 2011,
7:11 AM) (on file with the Committee, SCB0045095).
224
Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to Huma
Abedin, Deputy Chief of Staff to U.S. Secy of State, U.S. Dept of State & Hillary R.
Clinton (H), Secy of State, U.S. Dept of State (Aug. 22, 2011, 7:17 AM) (on file with
the Committee, SCB0045097).
225
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Dir. of Policy Planning, U.S. Dept of State, Cheryl D. Mills, Chief of Staff and
Counselor to U.S. Secy of State, U.S. Dept of State & Huma Abedin, Deputy Chief of
Staff to U.S. Secy of State, U.S. Dept of State (Aug. 22, 2011, 7:32 AM) (on file with
the Committee, SCB0078489)
226
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Cheryl D. Mills & Huma Abedin (Aug. 22, 2011, 7:16 AM) (on file with the
Committee, SCB0078489).
III-53
her traveling to Marthas Vineyard to be seen with the President celebrating their Libyan success. 227 Her top policy director commented: It will
show potus [President of the United States] not on vacation. Hes huddling with you. This must be a political boost, right? 228
At about the same time, Blumenthal wrote:
First, brava! This is a historic moment and you will be credited
for realizing it.
When Qaddafi himself is finally removed, you should of course
make a public statement before the cameras wherever you are,
even in the driveway of your vacation house. You must go on
camera. You must establish yourself in the historical record at
this moment.
The most important phrase is successful strategy. 229
Later in the message, Blumenthal wrote: Be aware that some
may attempt to justify the flamingly stupid leading from behind
phrase, junior types on the NSC imagining their cleverness. 230
The Secretary forwarded this message to Sullivan:
Pls read below. Sid makes a good case for what I should say but
its premised on being said after Q dies which will make it more
227
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan & Huma Abedin (Aug. 22, 2011, 7:09 AM) (on file with the Committee,
SCB0078489).
228
Email from Jacob J. Sullivan to Hillary R. Clinton (H), Cheryl D. Mills & Huma
Abedin (Aug. 22, 2011, 7:27 AM) (on file with the Committee, SCB0078489).
229
Email from Sidney Blumenthal (Sid) to Hillary R. Clinton (H) (Aug. 22, 2011,
11:25 AM) (on file with the Committee, SCB 0051597).
230
Id. The phrase leading from behind came from a remark by an Obama advisor quoted in a May 2, 2011 article by Ryan Lizza in The New Yorker. Ryan Lizza, Leading from
Behind, NYT (Apr. 26, 2011), http://www newyorker.com/news/news-desk/leadingfrom-behind.
III-54
Email from Hillary R. Clinton (H), Secy of State, U.S. Dept of State, to Jacob J.
Sullivan, Dir. of Policy Planning, U.S. Dept of State (Aug. 22, 2011, 3:46 PM) (on file
with the Committee, SCB0051597).
232
Tick Tock on Libya Email, supra note 19 (from Jacob J. Sullivan to Cheryl D. Mills &
Victoria Nuland, forwarded to Secy Clinton, Aug. 22, 2011, 12:37 PM).
233
Id.
234
See Email from John C. Stevens, U.S. Representative to Transitional National Council, to Jeffrey D. Feltman, Asst Secy of State, Bureau of Near Eastern Affairs, U.S.
Dept of State, et al. (Aug. 23, 2011, 11:29 AM) (on file with the Committee,
SCB00100119) (discussing TNC plans to relocate to Tripoli); see also Executive Secretariat, Operations Center, Situation Report No. 14, Libya Task Force TFLY03 (Sept. 4,
2011, 4:00 PM) (on file with the Committee, SCB0074167 ) (The TNCs Ministry of
Foreign Affairs will move from Benghazi to Tripoli September 4 and will be housed in
the Qadhafi-era MFA building.).
235
See Email from Lee Lohman, Ex. Dir., Bureau of Near Eastern Affairs, U.S. Dept of
State, to Patrick Kennedy , Under Secy of State for Mgmt., U.S. Dept of State (Sept. 2,
2011) (on file with the Committee, SCB0096224) (Jeff send [sic] an email from Paris
yesterday expressing frustration that we dont have a presence in Tripoli.).
236
Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State (Aug. 30,
2011, 4:47 PM) (on file with the Committee, SCB0060918).
III-55
237
Email to Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, (Aug. 30,
2011, 4:50 PM) (on file with the Committee, SCB0060918).
238
See Email to Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State (Aug. 29
2011, 5:01 PM) (on file with the Committee, SCB 0060926-30) (attaching Note for the
Secretary re: U.S. Interests in post-Qadhafi Libya).
239
Id.
240
Id. The lack of post-Qadhafi planning is consistent with the Presidents recent statement that his biggest foreign policy failure was not properly planning for post-Qadhafi
Libya. The lack of planning is also in stark contrasts with statements by the Secretary that
they did plan for post-Qadhafi Libya but it was obstruction by the Libyan people to the
United States efforts that led to the failed state of Libya today. Barack Obama Says Libya Was Worst Mistake of His Presidency, GUARDIAN (Apr. 11, 2016),
http://www.theguardian.com/us-news/2016/apr/12/barack-obama-says-libya-was-worstmistake-of-his-presidency.
241
See Email to Jacob Sullivan, Dir. of Policy Planning, U.S. Dept of State (Aug. 29
2011, 5:01 PM) (on file with the Committee, SCB 0060926-30) (attaching Note for the
Secretary re: U.S. Interests in post-Qadhafi Libya).
III-56
242
Email from John C. Stevens, U.S. Representative to Transitional National Council, to
Deputy Dir. Office of Maghreb Affairs, Bureau of Near Eastern Affairs, U.S. Dept of
State et al. (Sept. 6, 2011, 9:01 AM) (on file with the Committee, C05389443).
243
Polaschik Testimony at 160.
244
Id. at 39-40.
245
Post Management Officer for Libya Testimony at 174.
III-57
significantly scaled back. 246 Outlining the level of priority Libya now
had within the State Department, they wrote:
[P]ost-conflict stabilization in Libya, while clearly a worthy undertaking at the right level of investment, cannot be counted as
one of our highest priorities. Strategically for us, Libya does not
loom as large as Egypt and Syria. 247
They cautioned: We should not allow the momentum of our involvement to date in the Libyan revolution to determine our strategy for longer-term assistance. 248 They emphasized [t]his means that, for the United States, Libya must not become a state-building exercise. 249 They defined the circumstances under which the U.S. should, or should not, intercede, and argued the U.S. should only assist when 1) the U.S. had a
unique ability to provide a particular service; 2) the U.S. has a proven
track record of success and Congress will provide funds; and 3) Libyans
expressly request the U.S. to do so, [e]ven if we feel the Libyan government or its people are making a mistake in not seeking our
help. 250
According to these State Department officials, the highest priorities in
Libya were to secure weapons; ensure an effective democratic transition; prevent violent extremists from seizing control; and ensuring
a level-playing field for U.S. businesses. 251
Medium priority goals were reconciling former regime elements into
Libyan society and create a judicial system. 252 The lowest priority, according to these policy makers was to support a broad program of eco-
246
Note from Jacob J. Sullivan, Dir., of Policy Planning, U.S. Dept of State, et al. to
William J. Burns, Deputy Secy of State, U.S. Dept of State, and Thomas R. Nides,
Deputy Secy of State, U.S. Dept of State (Sept. 28, 2011) (on file with the Committee,
SCB0090954-59), (discussing parameters for U.S. engagement in post-Qadhafi Libya).
247
Id.
248
Id.
249
Id.
250
Id.
251
Id.
252
Id.
III-58
253
Id.
See id. (The Administration has a primary interest in ensuring that othersthe Libyans, the UN, the EU, and NGOstake overall responsibility for post-conflict stabilization.).
254
III-59
255
III-60
256
III-61
III-62
mal response given the budget climate, given all the other complications. And so Chris and I would talk about did we really
think this was essential. Why did we think it was essential. And
it had to do with, again, the fact that Libya had been essentially a
divided country before, where Benghazi had been neglected, oppressed even by Qadhafi, but yet Benghazi was where this uprising had begun. It was where the Libyan revolution had begun, so
it was important that Benghazi feel part of this process. We felt
that having a small diplomatic presence in Benghazi it would not
be the Embassy.
Clearly the Embassy would be accredited to the government in
Tripoli but that that would keep our presence as well as the presence of others, because we were not the only ones looking at
this, as well as the presence of others, would keep Benghazi as
part of the political equation. Because if you didnt have Benghazi feeling invested in what was happening in Tripoli, you had
the risks of the country splitting again, is what we clearly
thought. 262
Feltman further testified why the State Department did not make the
Benghazi Mission official, especially when operations resumed in Tripoli:
So what we were trying to what Chris and I were trying to figure
out was, how could we make a compelling enough argument that
in the zero sum game that we have in terms of our budget and
our resources, that we could find enough resources to keep Benghazi operating through the critical transition period?
[T]he type of budget support out of Congress we would need.
This is a time when the U.S. reduces diplomatic presences,
doesnt expand them. 263
Discussions also ensued over how to bring the personnel in Benghazi
under the diplomatic umbrella of the Embassy in Tripoli without triggering formal recognition of the Benghazi office. 264
262
263
III-63
Polaschik was aware of this issue and wanted to ensure that all personnel
in Benghazi had the protections of the privileges and immunities accorded by the Vienna Convention. 265 Listing personnel in Benghazi as a separate office was rejected, however, as [t]he reference to the establishment
of an office in Benghazi may raise congressional notification issues
. 266 Earlier in the year, Kennedy, determined congressional notification was not needed because the Hill knows we are there. 267
Ultimately, it was decided to submit one dip[lomatic] list for Tripoli,
but noting on it that certain staff members will be performing their duties
on a TDY basis in Benghazi. 268 Thus, without formally notifying the
new Libyan government of the Benghazi Mission, the personnel in Benghazi received diplomatic immunity only because the State Department
told the Libyan government the personnel in Benghazi were actually assigned to Tripoli. 269
Benghazis Future
Senior officials in Washington discussed several options for Benghazis
future operations. Stevens proposed two options to State Department officials in early September 2011 to continue the Mission:
264
III-64
270
Email from John C. Stevens, U.S. Representative to Transitional National Council, to
William V. Roebuck, Dir. Office of Maghreb Affairs, Bureau of Near Eastern Affairs,
U.S. Dept of State, Gene A. Cretz, U.S. Ambassador to Libya, and Joan A. Polaschik,
Deputy Chief of Mission in Libya, U.S. Dept of State (Oct. 31, 2011, 3:08 PM) (on file
with the Committee, C05394929).
271
Feltman Testimony at 59.
III-65
The Post Management Officer for Libya further explained to the Committee closing the mission was an option. In official conversations, as
we met to discuss options related to the Benghazi footprint that was always one of the items that was out there as a potential decision point. As
we were looking at security and others things, closure was always an option. 272 In September 2011, Cheryl Mills, Chief of Staff and Counselor,
State Department, was likely briefed on a plan that would have closed
Benghazi in January 2012. 273
From a security standpoint, Eric Boswell, Assistant Secretary, Diplomatic Security, State Department, explained:
Benghazi was originally envisaged at [sic] a short term thing.
Our expectation in DS was that we were going to support Chris
Stevens' effort for 60 days, 90 days, and that once an embassy
was reestablished in Tripoli, if that was the outcome of the civil
war, once thewell, if the right side one [sic] in Tripoli, once an
embassy was to be reestablished, we anticipated that Benghazi
would go out of business.
The Embassy was reestablished in September, but the NEA Bureau asked us to keep a little presence in Benghazi, so a little
longer a little longer. [sic] It was really quite incremental. A little
longer, a little longer. 274
Benghazis uncertain future impacted Stevens and his team. The Diplomatic Security Agent in charge in the fall of 2011 testified:
[W]e were still in this situation where we didn't know how long
Benghazi was going to be. Tripoli was kicking off. And so there
was a lot of interest in supporting that. So we were trying to figure outor headquarters was trying to figure out where to prioritize our deficiencies, if you want to call it that. So no one knows.
272
III-66
I mean, we were planning for the worst, phasing people out and
trying to figure out how best to support the mission there. If I
remember correctly, with the Embassy being opened it opened
towards the latter part of my tenure there. So the Envoy lost his,
quote-unquote, status because there was now an Ambassador in
country. I think they were going to bring in a political officer,
probably my rank. I'm pretty sure he was my rank. He was going
to be the foothold there in Benghazi for the short term, but no
one knew how long. 275
While Stevens and his team waited to learn their status, security resources to the mission decreased. 276 Stevens called an EAC meeting in
October 2011 to evaluate the Missions security posture after the fall of
Sirte, Qadhafis birthplace. 277 Stevens and the Diplomatic Security
Agents were concerned about the recent reduction in DS manpower (the
departure of several Agents in past week who ha[d] not been backfilled). 278 Another EAC was held three days later to discuss the current
situation in Benghazi and to address possible developments that may
arise in the next 24 hours. 279 A little more than a week later, a member
of the February 17 Martyrs Brigade [February 17] who worked on the
Mission compound came under attack on his way home. 280 That incident
occurred approximately 500 meters from the compound. 281
Qadhafis Death
With the future of a U.S. diplomatic presence in Benghazi being debated
and discussed, the Secretary traveled to Tripoli, Libya on October 18,
275
III-67
2011. 282 During her day trip there, she met with members of the TNC,
went to Tripoli University to meet with students, visited the medical center and the U.S. Embassy, and gave several speeches. 283 She did not visit
Benghazi even though Stevens was still there. She did not recall speaking with Stevens during her trip to Libya. 284 Asked whether she discussed the future of the Mission there, Feltman, who traveled with the
Secretary, told the Committee:
If there were, it was quite light and in passage. She had a very,
very busy schedule going to see a variety of Libyan officials,
meeting with representatives of Libyan civil society, delivering a
speech. It was a jam-packed day and it wasnt the type of quiet
time to have sort of policy discussions like that. 285
Two days later, on October 20, 2011, Qadhafi was captured and killed
attempting to escape from his hometown of Sirte. The TNC declared the
liberation of Libya and the revolutionary war officially ended on October 23, 2011. 286 The NATO-led military action, Operation Unified Protector, formally ended a week later. 287
When informed of Qadhafis death, the Secretary said: We came, we
saw, he died. 288
282
Steven Lee Myers, In Tripoli, Clinton Pledges U.S. to a Free Libya, N.Y. TIMES
(Oct. 18, 2011),
http://www nytimes.com/2011/10/19/world/africa/clinton-in-libya-to-meet-leaders-andoffer-aid-package html.
283
Id.
284
Clinton Testimony at 155-56.
285
Feltman Testimony at 85.
286
See NTC declares 'Liberation of Libya', AL JAZEERA (Oct. 24, 2011),
http://www.aljazeera.com/news/africa/2011/10/201110235316778897 html; see also
Press Release, The White House Office of the Press Secretary, Statement by the President
on the Declaration of Liberation in Libya (Oct. 23, 2011),
https://www.whitehouse.gov/the-press-office/2011/10/23/statement-presidentdeclaration-liberation-libya (On behalf of the American people, I congratulate the people of Libya on todays historic declaration of liberation. After four decades of brutal
dictatorship and eight months of deadly conflict, the Libyan people can now celebrate
their freedom and the beginning of a new era of promise.).
287
NATO ends Libya mission, CNN (Nov. 3, 2011),
http://www.cnn.com/2011/10/31/world/africa/libya-nato-mission/.
288
Corbett Daly, Clinton on Qaddafi: We came, we saw, he died, CBS NEWS (Oct. 20,
2011), http://www.cbsnews.com/news/clinton-on-qaddafi-we-came-we-saw-he-died/.
III-68
289
Press Release, United States Mission to the United Nations, Remarks by Ambassador
Susan E. Rice, U.S. Permanent Representative to the United Nations, Following Security
Council Consultations on Libya (Nov. 28, 2011),
http://iipdigital.usembassy.gov/st/english/texttrans/2011/11/20111129113633su0.697120
3 html?distid=ucs#axzz48qWq65Vj.
290
Testimony of Susan E. Rice, U.S. Permanent Representative to the U.N., Tr. at 134
(Feb. 2, 2016) (on file with the Committee).
291
Defense chief Panetta visits Libya, USA Today (Dec. 17, 2011),
http://usatoday30.usatoday.com/news/world/story/2011-12-17/panetta-libya/52019842/1.
292
See id.
293
See Email from John C. Stevens, U.S. Representative to Transitional National Council, to Post Management Officer for Libya, Bureau of Near Eastern Affairs, U.S. Dept of
State (Nov. 10, 2011, 10:39 AM) (on file with the Committee, SCB0079464) (Ill check
in with you all myself when Im back in [Washington D.C.] the week of Nov 21.).
294
See Email from Gene A. Cretz, U.S. Ambassador to Libya, to Cheryl D. Mills, Chief
of Staff and Counselor to the U.S. Secy of State, U.S. Dept of State (Oct. 21, 2011, 4:50
AM) (on file with the Committee, SCB 0045106).
295
Polaschik Testimony at 40.
III-69
Email from Diplomatic Security Agent 24 to Diplomatic Security Agent 10 (Dec. 15,
2011, 9:03 AM) (on file with the Committee, C05388931).
297
See ALEX TIERSKY & SUSAN B. EPSTEIN, CONG. RESEARCH SERV., RL42834, SECURING
U.S. DIPLOMATIC FACILITIES AND PERSONNEL ABROAD: BACKGROUND AND POLICY ISSUES
6 (2014).
298
Id.
299
Id.
300
See Email from Diplomatic Security Agent 10 to Diplomatic Security Agent 25 (Dec.
21, 2011, 8:50 EST) (on file with the Committee, C05396082) (discussing reporting of
threat to U.S. compound in Benghazi).
301
See Principal Officer 1, U.S. Dept of State, to Joan A. Polaschik, Deputy Chief of
Mission in Libya, U.S. Dept of State, et al. (Dec. 23, 2011, 7:34 AM) (on file with the
Committee, C05392213) (Distributing notes from EAC).).
302
See Diplomatic Security Agent 10 Testimony at 19.
303
Id.
III-70
304
Id. at 25-26.
See Testimony of Diplomatic Security Agent, U.S. Dept of State, Tr. at 26 (Apr. 9,
2015) [hereinafter Diplomatic Security Agent 12 Testimony] (on file with the Committee) ([W]e identified some -- you know, identified a contractor to come in and cut those
window grilles off and then replace them with a system that was very, very, you know,
rudimentary, but it worked.).
306
Diplomatic Security Agent 10 Testimony at 19.
307
Id. at 20.
308
Email from Diplomatic Security Agent 10 to Physical Security Specialist, Physical
Security Programs, Bureau of Diplomatic Security, U.S. Dept (Dec. 21, 2011, 12:27
PM) (on file with the Committee, C05396085).
309
Id.
310
Email from Diplomatic Security Agent 10 to Physical Security Specialist, Physical
Security Programs, Bureau of Diplomatic Security, U.S. Dept (Dec. 22, 2011, 6:09 AM)
(on file with the Committee, C05388920).
305
III-71
311
Email from Diplomatic Security Agent 10 to Physical Security Specialist, Physical
Security Programs, Bureau of Diplomatic Security, U.S. Dept (Dec. 22, 2011, 7:19 AM)
(on file with the Committee, C05388920).
312
Diplomatic Security Agent 10 Testimony at 45-46.
313
Email from John C. Stevens to Principal Officer 1, U.S. Dept of State (Dec. 15, 2011,
1:14 PM) (on file with the Committee, SCB0079324).
314
See Memorandum from Jeffrey D. Feltman, Asst Secy of State, Bureau of Near
Eastern Affairs, U.S. Dept of State to Patrick F. Kennedy, Under Secy of State for
Mgmt., U.S. Dept of State (Dec. 27, 2011) [hereinafter Dec. 27, 2011 Action Memo for
III-72
Under Secretary Kennedy] (on file with the Committee, C05261557) (recommending
approval of continued U.S. presence in Benghazi through the end of calendar year 2012).
315
Id.
316
Post Management Officer for Libya Testimony at 65-66.
317
See Feltman Testimony at 98.
318
Id. at 100-01.
319
Id. at 101.
III-73
320
III-74
III-75
326
III-76
with [40] a bit, not in the early days, because it was just a different operation, I think, while Chris was there. Because of his stature, because of his experience, because of his reach back into the
State Department, I think he had the ability to get resources and
attention in a way that the people who followed him did not.
I was able as DCM to have a good working relationship with
Chris and all of his successors just because we made it work. But
I did notyou know, in another country, if theres a consulate
per se, the principal officer or the consul general reports to the
DCM, and the DCM has oversight for operations and hiring and
resources and all of those issues. As DCM in Tripoli, I did not
have that.
Q: Once Chris Stevens left in November of 2011 and was replaced by a series of principal officers, did that change then?
A: The formal relationship?
Q: In that principal officers then became more routine and report
to you, and then you reported out to Washington?
A: No. There was never a decision or a procedure put in place to
have the Mission in Benghazi report to the Embassy in Tripoli. It
was still something that was reporting directly to Washington,
staffed by Washington. I had no say in the staffing decisions, resourced by Washington, et cetera.
I played a supporting role. To the extent that I could, I made sure
that I coordinated very regularly with the principal officers; and
whenever they needed help on anything, I jumped in.332
Security Problems Continue
The security environment also became a factor in the Principal Officers
ability to meet reporting responsibilities. As early as December 2011 and
throughout 2012, the Mission was forced to go on lockdown because of
the lack of security personnel. This impacted the ability of the Principal
Officers to do their jobs. For example, on December 15, 2011, the Prin332
III-77
cipal Officer at the time recommended halting future non-security temporary duty assignments because of the lack of DS Agents on the
ground. 333 In January 2012, the Principal Officer reiterated his concerns
the mission will be hard-pressed to support TDYers (much less higherlevel visitors and out-of-town travel) unless we have better staffing. On
that basis, we wont be fulfilling what I understand our mission to be. 334
Later, in February 2012, the incoming Principal Officer expressed similar concerns: we will be all but restricted to compound for the vital February 12-18 timeframe. This will effectively leave us unable to do any
outreach to Libyan nationals during the week and we will be extremely
limited in the ability to obtain any useful information for reporting. 335
On February 11, 2012, the lead Diplomatic Security Agent at Embassy
Tripoli, informed Benghazi substantive reporting was not the Missions purpose. 336 In an email to the diplomatic security agent in Benghazi, the Diplomatic Security Agent wrote: [U]nfortunately, nobody has
advised the PO that Benghazi is there to support
operations, not conduct substantive reporting. 337
These concerns were expressed throughout 2012. Cretz told the Committee:
The various officers that were there felt that they from time to
time didnt that the Mission was not necessarily well staffed
enough for them to be able to go out and do their reporting on a
regular and aggressive basis.
***
333
Email from Principal Officer 1, U.S. Dept of State, to Post Management Officer for
Libya, Bureau of Near Eastern Affairs, U.S. Dept of State (Dec. 15, 2011, 1:11 PM) (on
file with the Committee, SCB0079324-25).
334
III-78
338
III-79
342
III-80
345
Email from Diplomatic Security Agent 14, to Diplomatic Security Agent 25 (Jan. 2,
2012, 5:41 PM) (on file with the Committee, C05579142) (attaching an Action Memo).
346
Id.
347
See id. (Once a decision has been made on the size and location of Mission Benghazis compound perhaps as soon as the coming week RSO Benghazi will request additional security upgrade requests in support of that shift, and may request a TDY by a
facility security expert to help scope them.).
348
Email from Management Officer/Information Management Officer, U.S. Dept of
State, to Post Management Officer for Libya, Bureau of Near Eastern Affairs, U.S. Dept
of State, Principal Officer 1, U.S. Dept of State, Libya Management Issues (Jan. 5, 2012,
1:43 PM) (on file with the Committee, SCB0049988).
349
See Email from Diplomatic Security Agent 25 to Diplomatic Security Agent 15 (Jan.
26, 2012, 3:59 PM) (on file with the Committee, C05412127) (notifying that funding for
some security measures had been obtained).
350
See id. (noting that Action Memorandum items 3, 6, 8, and 9 had been funded, but not
addressing the funding for other items).
351
See Email from Diplomatic Security Agent 12 to Diplomatic Security Agent 25 &
James Bacigalupo, Regional Director, Bureau of Diplomatic Security, U.S. Dept of State
(Feb. 13, 2012) (on file with the Committee, C05394247).
III-81
including concertina wire, screens to obscure the compound, improvements to the perimeter wall, and film for the compound windows. 352
The Mission also reiterated its request for the help of a temporary duty
physical security specialist in Washington D.C. to help scope needed
upgrades. 353
Funding for guard booths was approved on February 23, 2012. 354 A critical request that went unaddressed until early March was a proposal to
strengthen the compounds perimeter wall. 355 Modifications to the wall
were not completed until May 21, 2012, almost six weeks after the first
Improvised Explosive Device [IED] attack on the Benghazi Mission.
Requests for Additional Diplomatic Security Personnel
In addition to the requests for physical security measures, Benghazi Mission made constant requests for Diplomatic Security Agents. Concerns
about Diplomatic Security Agent staffing shortages in late 2011 and early 2012 precipitated the preparation of an Action Memorandum for
Lambs approval. 356 On January 10, 2012, an Action Memorandum described the Bureau of Diplomatic Securitys responsibilities under the
December 27, 2011 extension memorandum to provide five Diplomatic
Security Agents for Benghazi and recognized the Diplomatic Securitys
inability to identify, seek necessary approvals and obtain the required
352
Id.
Id.
354
See Email to Physical Security Specialist, Physical Security Programs, Bureau of Diplomatic Security, U.S. Dept (Feb. 23, 2012, 8:22 AM) (on file with the Committee,
C05394287) (I just found a clause in our funding matrix that gives us the ability to support his request. There was early on talk about guard towers which we cannot support,
however small booths to keep them out of the weather can be supported by our office.).
355
See Email from Diplomatic Security Agent 12, U.S. Mission Benghazi, Libya, to
Physical Security Specialist, Physical Security Programs, Bureau of Diplomatic Security,
U.S. Dept, and Diplomatic Security Agent 25 (Mar. 1, 2012, 4:59 AM) (on file with the
Committee, SCB0049970) (The current perimeter wall, which was inherited in the leasing agreement, is in poor condition ); Email from Physical Security Specialist (Mar. 1,
2012, 9:12 AM) (on file with the Committee, SCB0049971) (recommending funding for
a temporary fence).
356
Email from Diplomatic Security Agent 25 to Principal Officer 1, U.S. Dept of State
(Jan. 13, 2012, 10:05 PM) (on file with the Committee, C05411094) (We have submitted an Action Memorandum that if approved should significantly improve our ability to
identify and obtain approvals for staffing Benghazi.).
353
III-82
visa approvals for this many Agents on a continuing basis.357 The January 10, 2012 Action Memorandum requested Lamb approve efforts to
request assistance from Domestic Operations, so that personnel can be
selected and directed from the Field Offices by the DS Command Center
as well as authorize funding for five, 45 day ARSO TDYs in Benghazi
from Feb.1 through September 30 at a total estimated cost of
$283,050. 358 The January 10, 2012 Action Memorandum was never approved by Lamb. 359
357
Memorandum from Jim Bacigalupo, Regional Director, Bureau of Diplomatic Security, U.S. Dept of State, to DAS Charlene Lamb, Bureau of Diplomatic Security, U.S.
Dept of State (Jan. 10, 2012) [hereinafter Jan. 10, 2012 Action Memo] (on file with the
Committee, C05578986); see also Email from Diplomatic Security Agent 25 to Principal
Officer 1, U.S. Dept of State (Jan. 13, 2012, 10:05 PM) (on file with the Committee,
C05411094) (We have submitted an Action Memorandum that if approved should significantly improve our ability to identify and obtain approvals for staffing Benghazi.);
Email from John C. Stevens, U.S. Ambassador to Libya, to Diplomatic Security Agent 7
(June 5, 2012, 10:55 AM) (on file with the Committee, C05409979) (Wed feel much
safer if we could keep two MSD teams with us through this period to provide QRF for
our staff and PD for me and the DCM and any VIP visitors.).
358
Jan. 10, 2012 Action Memo, supra note 356; see Email from John C. Stevens, U.S.
Ambassador to Libya, to Diplomatic Security Agent 7 (June 5, 2012, 10:55 AM) (on file
with the Committee, C05409979) (Requesting increased security).
359
See Testimony of James Bacigalupo, Special Agent in Charge/Regional Security Officer, Regional Security Office before the H. Comm. On Oversight and Govt Reform, Tr.
at 17-18 (Sept. 4, 2012) (on file with the Committee) (Discussing the Jan. 10 Action
Memo).
A: I believe it was January, maybe December/January timeframe we
had talked about it in the office, and I think I was out on leave because my deputy I had seen a document that my deputy had sent up to
Director Lamb, to DAS Lamb requesting we use the system that they
use domestically to direct a certain number of agents from the field
offices for assignments. We use that on protection. And we sent the
memo up suggesting maybe we could use this mechanism for overseas.
Q: Specifically for Libya or
A: It was specifically for Libya.
Q: And do you know what happened to that memo?
A: It was never signed off on.
III-83
360
See U.S. Dept of State, Cable, Request for DS TDY and FTE Support (Mar. 28,
2012) (on file with the Committee, SCB 004625). But see U.S. Dept of State Cable,
Tripoli Request for DS TDY and FTE Support (Apr. 19, 2012) (on file with the Committee, SCB 0046263) (denying request).
361
Email from Spot Reports to DS Command, et al. (Mar. 15, 2012, 9:24 AM) (on file
with the Committee, C05393455).
362
Id.
III-84
between one hundred (100) and two hundred (200) were members of the Traffic Police Force known as Murur. 363
On April 6, 2012, the Mission suffered its first IED attack when an IED
was thrown over the perimeter wall. 364 According to the spot report: at
approximately 2250 hours (GMT+2), the U.S. Diplomatic Mission Benghazi, Libya Compound came under attack. An IED was thrown over the
perimeter walls and exploded within the compound grounds. No one was
injured and damage was not visible. 365
One Diplomatic Security Agent was on the ground at the time of the IED
attack.
Four days later, on April 10, 2012, the Mission reported an IED was
thrown at a four (4) vehicle convoy carrying the United Nations Special
Representative to Libya, Ian Martin. No one was hurt in the explosion
and no one has taken responsibility for the attack. 366
The March 28, 2012 request for five Diplomatic Security Agents was
rejected less than two weeks after the first IED attack on the Mission. 367
In denying the request on April 19, 2012, Washington D.C. responded:
DS will continue to provide DS agent support in Benghazi.
DS/IP recommends that post continues [sic] its efforts to hire
LES drivers for Benghazi to enable the DS TDYers to solely perform their protective security function. DS/IP also recommends a
joint assessment of the number of DS agents requested for Benghazi to include input from RSO Tripoli, TDY RSO Benghazi,
and DS/IP in an effort to develop a way forward.368
363
Email from Diplomatic Security Agent 16 to DS-IP-NEA, Principal Officer 2, U.S.
Dept of State and Diplomatic Security Agent 17 (Apr. 2, 2012, 4:17 PM) (on file with
the Committee, SCB0048091).
364
Email from Diplomatic Security Agent 16 to DS-IP-NEA (Apr. 6, 2012, 7:11 PM) (on
file with the Committee, SCB0048088).
365
Id.
366
Email from Diplomatic Security Agent 16 to DS-IP-NEA (Apr. 10, 2012, 1:12 PM)
(on file with the Committee, SCB0048085).
367
See U.S. Dept of State, Cable, Tripoli Request for DS TDY and FTE Support (Apr.
19, 2012) (on file with the Committee, SCB 0046263).
368
Id.
III-85
On May 22, 2012 a rocket propelled grenade hit the offices of the International Committee of the Red Cross. 369 The International Committee
of the Red Cross offices were approximately one kilometer from the
Mission compound in Benghazi. 370 Less than a week after the attack on
the International Committee for the Red Cross, a Facebook post appeared
threatening to send a message to the Americans. 371
Chris Stevens Becomes Ambassador
The U.S. Senate received the Presidents nomination of J. Christopher
Stevens to be Ambassador of Libya on January 24, 2012. The Senate
confirmed his nomination by voice vote on March 29, 2012. 372 Stevens
was sworn in by the Secretary of State on May 14, 2012. 373
While in Washington D.C., Stevens met with various individuals including former State Department employee and author Ethan Chorin. Mr.
Chorin told the Committee he discussed Benghazi with Stevens in March
2012:
he [Stevens] said essentially, Benghazi was not only the epicenter of the revolution, but a long-neglected part of the Libyan
polity, and that the, essentiallywhat I got from him was that he
was concerned that all of the attention was moving whereall of
those factors that you mentioned, militarily, security-wise, medical, to the epicenter activities moving to Tripoli. And I believe
what his point was, that he was afraid that the situation in Benghazi could degenerate as a result of that relative shift of the tension.
369
Email from OpsNewsTicker to NEWS-Libya (May 22, 2012, 9:06 AM) (on file with
the Committee, C05392368).
370
Email from Diplomatic Security Command Center to DSCC E TIA/PII, DSCC E
TIA/ITA & DS-IP-NEA (May 28, 2012, 5:08 AM) (on file with the Committee,
C05391864).
371
Email from Diplomatic Security Agent 18 to Diplomatic Security Agent 17 et al.
(May 28, 2012, 5:36 AM) (on file with the Committee, C05392202).
372
John Christopher Stephens Nomination, PN1233, 112th Congress (Mar. 29, 2012)
https://www.congress.gov/nomination/112th-congress/1233 (confirmed on voice vote).
373
See Hillary R. Clinton, Secy of State, U.S Dept of State, Prepared Remarks at
Swearing In Ceremony for Chris Stevens, Ambassador to Libya (May 14, 2012),
http://www.state.gov/secretary/20092013clinton/rm/2012/05/197696 htm.
III-86
374
Testimony of Ethan D. Chorin, Tr. at 15-18 (Mar. 11, 2016) [hereinafter Chorin Testimony] (on file with the Committee).
375
Cretz Testimony at 89-90.
III-87
.
Cretz further told the Committee:
[T]hose events in Benghazi in the spring of 2012 it was a disturbing trend because, in Tripoli, we did not I did not see a piece
of intelligence. I did not see any indication that the violence that
was taking place was other than the product of the rival militias
or whatever fighting it out for their piece of the pie.
We never had any intelligence report, as I recollect, that specifically targeted U.S. or Western interests in Tripoli. Benghazi began to look like there was something going on there that was disturbing.
***
Well, my view was and I expressed this to General Ham and
others, who was the head of AFRICOM at the time was that my
belief was that we needed them, especially in Tripoli, because of
the ongoing strife and, also, because the elections were going to
be held in June.
And I think our general sense was that this was going to be a
time a real problematic time period because it was the first elec-
376
Email from Joan A. Polaschik, Deputy Chief of Mission to Libya, U.S. Dept of State,
to SES-O; SWO-Cables; Dibble, Elizabeth; Maxwell, Raymond; NEA-MAG-DL; Burns,
William; Sherman, Wendy; Nides, Thomas; Sullivan, Jacob; Feltman, Jeffrey (May 15,
2012, 10:26 AM) (on file with the Committee, C05395496).
III-88
tion and for some of the reasons I went over before: first election, a lot at stake.
So I felt that, in order again, for us to be able to do the job that
we needed to do to get out and to reassure people that we were
there to in case we were going to bring in observers or something
with the elections, that an SST component would be very, very
important for us to maintain up until that time.
***
[T]here was a medical component. We had a Navy doctor for a
period of time. They brought special skills. For example, we had
a bomb that was a 10,000 pound bomb that was in the middle of
the Benghazi compound where Qadhafi used to live and kids
were playing on it every day.
And I worked with our one of our SST people, and they had a
bomb defusing expert. So we were able to work out a plan
whereby we defused that bomb. So that kind of skill, the normal
kind of skill I think that most DS agents wouldn't possess, counter maybe counterterrorism skills.
I cant describe the level above which ourbecause our DS
agents were very, very capable. But these guys just brought kind
of a special force kind of set of skills to the game. 377
Stevens returned to Tripoli, Libya as Ambassador on May 26, 2012, presenting his credentials to Libyan Foreign Minister Ashour Bin Khyal on
May 27, 2012. 378
377
III-89
June 2012
Less than ten days after Stevens return to Libya and a week after the
Facebook threat, the Benghazi Mission compound came under attack for
the second time in less than two months.379 On June 6, 2012, the Mission
reported back to Washington D.C.:
Approximately, one hour ago (3:30am) an IED exploded next to
the front gate. Video camera footage shows a 4-door white pickup truck in front of the gate, and local guards report seeing a man
in Islamic dress placing the IED at what appears to be the base
of perimeter wall. The local guards sounded the duck and cover
drill after seeing the man and smelling smoke. Approximately 56 minutes later the device exploded, creating a large hole in the
perimeter wall. No one was injured and all personnel are accounted for. 380
A day before the second IED attack on the Mission, Stevens requested
the State Departments own highly trained mobile security deployment
(MSD) team remain in Tripoli through the end of the summer. 381 More
resources in Tripoli meant possibly more available resources to augment
security in Benghazi. On the same day Benghazi was attacked for a second time, the Diplomatic Security Agent, who was the head of the MSD
division, denied Stevens request to keep the State Departments highly
trained security personnel stating: Unfortunately, MSD cannot support
the request. we have two emerging requirements similar to Tripoli that
requires the whole of our office essentially. 382
379
Id.; Email from Diplomatic Security Agent 18 to Diplomatic Security Agent 17, et al.
(May 28, 2012, 5:36 AM) (on file with the Committee, C05392202).
380
Email from Principal Officer 2, U.S. Dept of State, to John C. Stevens, U.S. Ambassador to Libya, Joan A. Polaschik, Deputy Chief of Mission in Libya, William V. Roebuck, Dir. Office of Maghreb Affairs, Bureau of Near Eastern Affairs, U.S. Dept of State
(June 6, 2012, 4:49 AM) (on file with the Committee, C05393187).
381
Email from John C. Stevens, U.S. Ambassador to Libya, to Diplomatic Security Agent
7 (June 5, 2012, 10:55 AM) (on file with the Committee, C05409979).
382
Email from Diplomatic Security Agent 7 to John C. Stevens, U.S. Ambassador to
Libya (June 6, 2012, 3:00 PM) (on file with the Committee, C05409979).
III-90
Five days later, an RPG attack was launched on the United Kingdom
Ambassadors motorcade injuring two individuals. 383 According to the
Mission, the UK Ambassadors motorcade was attacked with an RPG
and small arms fire in Benghazi, approximately three kilometers away
from the US Mission. 384 Concern was expressed the RPG attack was
actually directed toward the U.S. Mission. Deputy Assistant Secretary for
International Programs suggested to her colleagues and supervisors it
raises the question were they targeting the Brits or us and/or did we just
lucky [sic] on this one? 385 Polaschik told the Committee:
I personally was very concerned that it might not have been targeted at the British Ambassador, but could have been targeted at
us, given the location where it had occurred and given that we
had been storing the British embassy's vehicles on our compound. But it was unclear. It was very murky, difficult to determine exactly who was targeted.386
The pattern of violenceparticularly against westerners raised some
concern in Washington. On June 11, 2012, the Near Eastern Affairs regional bureau expressed concern about the security situation in Benghazi
to Stevenssuggesting even a pause in staffing. 387 Stevens agreed, indicating it would allow our RSO team time in Benghazi (perhaps reduced
in number) to continue to assess the threat environment and consider
ways to mitigate. 388
383
See Testimony of Gregory N. Hicks, Deputy Chief of Mission at U.S. Embassy Tripoli, U.S. Dept of State, before H. Comm. on Govt Oversight & Reform, Tr. 50 (Apr. 11,
2013) [hereinafter Hicks Testimony] (on file with the Committee) (discussing the attack).
384
Email from Charlene R. Lamb, Deputy Asst Secy, Bureau of Diplomatic Security,
Intl Programs, U.S. Dept of State, to Eric J. Boswell, Asst Secy of State, Bureau of
Diplomatic Security, U.S. Dept of State, et al. (June 11, 2012, 11:09 AM) (on file with
the Committee, C05394418).
385
Id.
386
Polaschik Testimony at 82-83.
387
See Email from William V. Roebuck, Dir. Office of Maghreb Affairs, U.S. Dept of
State, to John C. Stevens, U.S. Ambassador to Libya (June 11, 2012, 5:11 PM) (on file
with the Committee, C05391335) (Im getting quite concerned about the security situation for our folks in Benghazi We are at a(possible) [sic] natural break ).
388
Email from John C. Stevens, U.S. Ambassador to Libya, to William v. Roebuck, Dir.
Office of Maghreb Affairs, Bureau of Near Eastern Affairs, U.S. Dept of State (June 12,
2012, 10:52 AM) (on file with the Committee, C05409960).
III-91
On June 12, 2012, Scott Bultrowicz, the Principal Deputy Assistant Secretary, Diplomatic Security, opined after the attack on the UK ambassadors motorcade this along with last weeks incident is troubling. 389
Lamb acknowledged:
We are not staffed or resourced adequately to protect our people
in that type of environment. We are a soft target against resources available to the bad guys there. Not to mention there is
no continuity because we do everything there with TDY personnel. The cost to continue to do business there may become more
challenging. 390
On June 14, 2012, the Benghazi Mission held an Emergency Action
Committee meeting to discuss the series of attacks and request additional
DS staff. 391 The Diplomatic Security Agent in Benghazi wrote to Washington D.C. expressing concern about the intensity and frequency of attacks: Recent attacks have intensified in frequency with the active targeting of diplomatic personnel (e.g. the IED attack on the U.S. compound, the complex attack on the U.K. motorcade, and a recent rally by
heavily armed Islamist militia members).392
That very day the Diplomatic Security Agent in charge in Tripoli underscored the concern raised by Benghazi stating I fear that we have passed
a threshold where we will see more targeting, attacks, and incidents involving western targets. 393 He went on to list five major security incidents in and around Benghazi, including:
389
Email from Scott P. Bultrowicz, Principal Deputy Asst Secy of State, Bureau of
Diplomatic Security, to Charlene R. Lamb, Deputy Asst Secy, Bureau of Diplomatic
Security, Intl Programs, U.S. Dept of State (June 11, 2012, 1:05 PM) (on file with the
Committee, C05388866).
390
Email from Ms. Lamb to Mr. Bultrowicz (June 11, 2012, 4:16 PM) (on file with the
Committee. C05388866).
391
See Email from Diplomatic Security Agent 19 to Diplomatic Security Agent 25, James
P. Bacigalupo, Regional Director, Bureau of Diplomatic Security, U.S. Dept of State,
and Diplomatic Security Agent (June 14, 2012, 11:40 AM) (on file with the Committee ,
C05388987) (summarizing staffing needs in light of prevailing security environment).
392
Id.
393
Email from Diplomatic Security Agent 24 to Diplomatic Security Agent 25 (June 14,
2012, 1:56 PM) (on file with the Committee, C05388987).
III-92
06/12/20120350 hrsRPG attack on the International Committee of the Red Cross (ICRC) compound in Misrata;
06/11/2012Attack on UK Ambassadors convoyBenghazi;
06/08/2012 2345 hrsSabhaTwo hand grenades targeted at
marked UK vehicles outside of Sabha hotel. One detonated,
damaged three tires and an oil pump. The second grenade failed
to detonate;
06/06/2012U.S. Mission Benghazi was targeted by an IED
which detonated causing damage to the exterior wall of the compound. The Imprisoned Sheikh Omar Abdul Rahman Brigades
claimed responsibility for the attack;
05/22/2012International Committee of the Red Cross building
attacked by RPGin Benghazi. The Imprisoned Sheikh Omar
Abdul-Rahman Brigades claimed responsibility on 27 May. The
brigade accused the ICRC of attempting to convert internally
displaced members of the Tawergha ethnic minority to Christianity. It called for the NGO to close its offices; and declared Libya
to be an Islamic state. It warned that the Americans would be
targeted next.394
No additional resources were provided by Washington D.C. to fortify the
compound after the first two attacks. No additional personnel were sent
to secure the facility despite repeated requests of the security experts on
the ground. In fact, the only inquiry from senior State Department officials about the trending violence against westerners was from Victoria
Nuland, State Department Spokesperson, asking Stevens how to publicly
message the incidents. Nuland wrote:
I know you have your hands full but wed like your advice about
our public messaging on the spate of violence in Libya over the
past ten days.
Should we now move to something a bit sharper than calling on
all sides to work it out? What cd/wd we say about whether the
394
Id.
III-93
incidents are linked, why they are going after NGO and Western
targets now, impact on electoral environment etc395
This exchange is noteworthy. Stevens expertise was being
sought on the messaging of violence in Libya as opposed to his
expertise being sought on how best to protect against that violence. Moreover, while the Secretary and others were quick to
praise Stevens and his dedication to Libya, they were also quick
to note [h]e [Stevens] definitely understood the risks.
Yes. 396Saying Stevens understood the risks without also acknowledging he repeatedly tried to guard against and defend
against those risks is unfortunate. Yes, it is clear Stevens knew
the risks associated with his service in Libya from the moment
he landed in Benghazi in 2011 on a chartered Greek boat until
his final phone call to Gregory Hicks saying were under attack. Washington D.C. dismissed Stevens multiple requests for
additional security personnel, while also asking for help in messaging the very violence he was seeking security from.
Libyan Elections
On July 7, 2012, the first post-revolution democratic elections in Libya
occurred, largely without incident. 397 Being in Benghazi during the first
national elections was a priority for State Department officials. Feltman
told the Committee:
Libya is a big country. If we only had a diplomatic presence in
Tripoli during those elections, I think we would have gotten a
very distorted view of [sic] I was already gone from the State
Department at this point, but I think it would have been a very
distorted view if you are only reporting what's happening in
395
Email from Victoria Nuland, Spokesperson, U.S. Dept of State to John C. Stevens,
U.S. Ambassador to Libya (June 13, 2012, 3:42 PM) (on file with the Committee, SCB
0079249).
396
Clinton Testimony at 151.
397
See Jomana Karadsheh, Liberal coalition makes strides in historic Libyan election,
CNN (July 18, 2012), http://www.cnn.com/2012/07/17/world/africa/libya-election/.
III-94
III-95
ya's ability to clear a very important hurdle. They felt that the
election results themselves represented a consensus for moderate
government. And the majority of my Libyan contacts then identified the formulation of a constitution as the next hurdle. 399
Making Benghazi a Permanent Presence
As he was awaiting ambassadorial confirmation and re-deployment to
Libya, Stevens had lunch with Gregory N. Hicks, who had been selected
to replace Polaschik as the Deputy Chief of Mission for Embassy Tripoli. 400 They met in Washington D.C. to discuss their upcoming work together in Libya.401 Part of their discussion centered on the future of operations in Benghazi. Hicks described their conversation as follows:
I met with Chris, Ambassador StevensI may refer to him as
Chris, and if I say Chris, thats who I am referring to after his
confirmation. And he was, of course, very excited. And we
talked about our plans for moving forward, you know, particularly our hope that we could normalize the Mission and bring families back to, you know, to Tripoli in the summer of actually, this
coming summer, 2013.
One of the things he said to me was that, in his exit interview
with Secretary Clinton, she expressed the hope that we could
make the special Mission in Benghazi a permanent constituent
post. And Chris said that one of the first things he intended to do
after his arrival was develop a proposal to move forward on that
project. 402
Hicks testified that shortly after he arrived in Libya on July 31, 2012, he
asked Stevens about the progress of making Benghazi permanent. He put
it as follows:
Timing was important in this, because we knew that in that particular fiscal year, which was I think 2012, fiscal year 2012, end-
399
Testimony of Principal Officer 3, U.S. Dept of State, Tr. at 14-15 (Mar. 26, 2015)
[hereinafter Principal Officer 3 Testimony] (on file with the Committee).
400
Hicks Testimony at 7-8.
401
Id. at 7.
402
Id.
III-96
403
Id. at 7-8.
Id. at 15.
405
Email from Huma Abedin, Deputy Chief of Staff to the U.S. Secy of State, U.S.
Dept of State to Philippe I. Reines, Deputy Asst Secy, Communications, U.S. Dept of
State, Cheryl D. Mills, Chief of Staff and Counselor to the U.S. Secy of State, U.S.
Dept of State, Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State (Sept. 12,
2012, 9:15 AM) (on file with the Committee, SCB0051754) (Tomorrow is also our first
trip meeting for the libya oct trip which we need to discuss.); Email from Huma Abedin,
Deputy Chief of Staff to the U.S. Secy of State, U.S. Dept of State, to William Burns,
Deputy Secy of State, U.S. Dept of State (Sept. 17, 2012, 1:21 PM) (on file with the
Committee, SCB0070473) (Before our Libya tragedy, we were also considering stops in
Libya and Jordan. Given the recent developments, whats your sense about the wisdom of
her going to the middle east?).
404
III-97
406
III-98
408
Id.
III-99
rybody was going to leave post and the new team was going to
come in, so I wanted it to be laid out, very clear, the current operating support that was being provided for security. 409
Kennedy explained his involvement in the July 9, 2012 staffing cable and
the decision to terminate the Department of Defenses Security Support
Team (SST) protective responsibilities in Tripoli. He told the Committee:
I consulted, as I said earlier, with the subject matter experts in this field,
and after consulting with them, I responded no, we would not be asking
for another extension. 410 This is a much different description of Kennedys involvement than what Cheryl Mills described to the Committee.
She described the Under Secretary as the person who managed security
related issues. 411
Beginning in August, the number of security personnel in Embassy Tripoli was 34. Throughout August, security personnel left Embassy Tripoli.
By the end of August, the number of security personnel at Embassy
Tripoli dropped to six, excluding four members of the Defense Departments SST who were no longer able to serve in an official protective
capacity but were on site. 412
Stevens initially planned to travel to Benghazi in early August. He cancelled the trip primarily for Ramadan/security reasons. 413 On August 5,
2012, the International Committee for the Red Cross [ICRC] suffered its
fifth attack in less than 3 months. 414 As a result, the ICRC suspended its
operations in Benghazi and Misrata. 415 On August 8, 2012, the Benghazi
409
III-100
416
See U.S. Embassy - Tripoli, Libya, Cable (Aug. 8, 2012) (on file with the Committee,
C05262779) (discussing emerging threats in Benghazi).
417
Id.
418
See Diplomatic Security Agent 8 Testimony at 50.
419
Id.
III-101
And then just the incident the fact [sic] that the prior incident we
had with the gelatina or alleged gelatina bomb at the Mission had
not been resolved, and it did not appear that local law enforcement was actively pursuing investigation of that, as well as their
inability to pursue the possible hostile surveillance incident that
was outside our south gate.
All those things I just mentioned led me to believe that they didn't have the ability/desire to prevent/mitigate threats.420
He explained the steps the Benghazi Mission took after the EAC as far
as physical security for instance, erect[ed] a, sort of, makeshift chicane outside the north gates or at least the main gate.
.
421 One additional outcome of the EAC, the Diplomatic Security Agent
described to the Committee, was a response tactic called suspended operations. 422 Under suspended operations, all movements would be curtailed and post would conduct business from inside the compound only. 423 The new status was created because personnel at the Benghazi Mission were already reduced to such levels that authorized and ordered departures were not applicable. 424
The Benghazi Mission followed the EAC meeting with a cable back to
Washington D.C. a day later. 425 The cable described 1) the deteriorating
security situation; 2) the departure of organizations such as International
Committee on the Red Cross and a U.S. contractor; 3) the increase in
420
Id. at 59-60.
Id. at 60-61.
422
Id. at 89.
423
Id. at 90:
It wasn't new and novel in that I think it was . . . explained to me they
had done something similar to this, I believe when they had the previous gelatina bomb incident at the front gate and they had labeled it
as suspended operations, but, no, in my training and experience, I had
not seen a suspended operations category before..
I had been to places where we had done lockdown, so to speak, for a
set period of time, and this seems like a logical outflow of that idea.
424
Cable, U.S. Embassy Tripoli, Libya (Aug, 16, 2012) (on file with the Committee,
C05261905).
425
Cable, U.S. Embassy Tripoli, Libya (Aug, 16, 2012) (on file with the Committee,
C05261905).
421
III-102
hostile militias; 4) the lack of host nation support; and 5) the revisions
made to the Missions tripwires. 426 The cable also put Washington on
notice a request for additional security measures would be sent through
Embassy Tripoli. The request was made to Embassy Tripoli on August
23, 2012.
A day after the EAC cable was sent to Washington D.C., the Secretary
received an update on the security situation in Libya. 427 The Secretarys
Information Memorandum described an upward trend in violence
primarily but not exclusively in the eastsince May, and included a list
of incidents such as the June 6 attack on the Mission, and the August 6
carjacking of American personnel. 428 It noted foreign residents of
Benghazi have expressed concern about the risks living and working
there. 429 Finally, the memorandum noted there is no coordinated organization behind the incidents. 430 Absent from the Secretarys Information Memorandum was any discussion about the U.S. facilities in Libya and their security posture, or of potential resources and personnel
needed in light of the deteriorating security environment.
The same day the Information Memorandum describing the security situation in Libya was sent to the Secretary, an Action Memorandum was
also sent seeking her approval to designate Libya as an eligible country
to receive funding from the Global Security Contingency Fund.431 The
Secretary approved this designation and the release of $20 million to
support Libyas security sector on August 23, 2012. 432 The Global Security Contingency Fund is a joint fund between the State Department and
DOD authorized by Congress to help fledgling countries overcome
emergent challenges through security and justice sector assistance to
426
See id.
See Information Memorandum from Beth Jones, Acting Asst Secy of State, Bureau
of Near Eastern Affairs, U.S. Dept of State to Hillary R. Clinton, Secy of State, U.S.
State Dept (Aug. 17, 2012) (on file with the Committee, C05390124) (briefing Secy
Clinton on the security situation in Libya).
428
Id.
429
Id.
430
Id.
431
See Memorandum from Thomas R. Nides, Deputy Secy of State, U.S. Dept of State,
to Hillary R. Clinton, Secy of State, U.S. Dept of State (Aug. 17, 2012) [hereinafter
Aug 17, 2012 Action Memo for the Secretary] (on file with the Committee,
SCB0086134-36).
432
Id.
427
III-103
partner countries. State must fund 20 percent of each project . The assistance proposed here [for Libya] is for the security sector. Congressional notification will be required before funds are transferred to GSCF
and before initiating any activity.433
Less than 2 weeks after the Missions EACon August 27, 2012the
U.S. issued a travel alert for Americans traveling to from and in Libya. 434
Two days later, the Libyan government issued a state of maximum
alert as from today and until further notice in the eastern city of Benghazi. 435
In his handover notes to his successor, the outgoing Principal Officer
stated we are treading water here . We are, for example, on the fourth
visit from an Embassy electrician of my brief tenure because we continue
to repair rather than replace equipment.436 Similarly, in handoff notes to
the incoming Diplomatic Security Agent, the departing Agent wrote
about the dangerous environment in Benghazi, stating:
there is nothing traditional about this post. Operating in a high
threat environment where kidnappings, assassinations and bombings are weekly, if not daily occurrences, post enjoys neither the
resources nor the host nation security support one would find at a
similarly rated post. DS agents, for all intent purposes, are on
their own. 437
The only inquiry produced to the Committee from the Office of the Secretary to Stevens in August was an August 5, 2012 email from Sullivan
433
Id.
Travel Warning Libya, U.S. STATE DEPT (Aug. 27, 2012) (on file with the Committee, C05261911).
435
Email to Gregory N. Hicks, et al. (Aug. 30, 2011, 1:59 AM) (on file with the Committee, C05397292).
436
Email from Principal Officer 3, U.S. Dept of State, to Principal Officer 4, U.S. Dept
of State (Aug. 29, 2012, 6:01 AM) (on file with the Committee, C05390852).
437
Email from Diplomatic Security Agent 8 to Diplomatic Security Agent 3 (August 27,
2012, 11:49 AM) (on file with the Committee, C05396772-73).
434
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asking: What is the story here?438 regarding another RPG attack on the
International Committee of the Red Cross. 439
HOST NATION SECURITY:
FEBRUARY 17 AND LOCAL GUARD FORCE
At the time Stevens entered Libya in April 2011, there was no recognized government to provide security as required by international conventions. 440 The Diplomatic Security Agent in charge of the initial entry
into Benghazi described the lack of security resources.
There wasn't a formalized police I mean, there was probably
somebody that called himself a police chief. And then you had
the military somewhat of a military presence, you know, that really wasn't focused on anything to do with our security. They
had, you know, they were trying to fight the war. Then you had
February 17, a militia that assisted us a little bit. 441
February 17 Martyrs Brigade
The February 17 Martyrs Brigade [February 17] was one of the largest
militias operating in Benghazi and Eastern Libya. 442 February 17 was
instrumental in the success of the opposition forces, which eventually
overthrew Qadhafi. 443 The emerging TNC recognized February 17 as a
quasi- host nation security forceendorsing their efforts to perform
438
See Email from Jacob J. Sullivan, Dir. of Policy Planning, U.S. Dept of State, to John
C. Stevens, U.S. Ambassador to Libya (Aug. 5, 2012) (on file with the Committee,
C05397147).
439
Id.
440
Vienna Convention on Diplomatic Relations, 1961, arts. 22, 29, Apr. 18, 1961, 23
U.S.T. 3227.
441
Diplomatic Security Agent 6 Testimony at 33.
442
See Max Fisher, Libyan Militias Failed Security at Benghazi, WASH. POST (Nov. 12,
2012),
https://www.washingtonpost.com/news/worldviews/wp/2012/11/02/libyan-militiasfailed-security-at-benghazi/ ([T]he February 17 Brigade eastern Libyas most potent
armed force, noting that it nominally reports to the Libyan defense ministry. The
command link between Tripolis senior leaders and on-the-ground militias has proven
weak, but the central government still relies heavily on them. (quoting a New York
Times report)).
443
See id. ([T]he central government still relies heavily on them.).
III-105
See id.
See Diplomatic Security Agent 7 Testimony at 37 (The security posture there was
they had 17th February Brigade militia personnel that were assigned to the hotel.).
446
See Diplomatic Security Agent 6 Testimony at 34.
447
See Diplomatic Security Agent 7 Testimony at 38-39.
448
See Diplomatic Security Agent 6 Testimony at 35.
449
Id.
450
Diplomatic Security Agent 7 Testimony at 42.
451
See Email from Diplomatic Security Agent11 to DS-IP-NEA (July 21, 2011, 3:22 PM)
(on file with the Committee, C05396529) ([W]e currently have three guards on duty.
Ideally, we get two per compound .).
445
III-106
452
Testimony of Diplomatic Security Agent 25, Diplomatic Security Service, U.S. Dept
of State, before the H. Comm. On Oversight and Govt Reform, Tr. at 88 (Aug. 8, 2013)
[hereinafter Diplomatic Security Agent 25 Testimony] (on file with the Committee).
453
Email to Diplomatic Security Agent 19 (June 28, 2012, 1:38 PM) (on file with the
Committee, C05389864); see also Email (Aug. 9, 2011, 12:41 PM) (on file with the
Committee, C05396529) (discussing compensation for guards on the compound).
454
See Email (June 28, 2012, 1:38 PM) (on file with the Committee, C05389864) (FPD
approves the increase in stipend payments [from $27 to $35 per day].).
455
Email from Diplomatic Security Agent 25 to Charlene Lamb, Deputy Asst Secy,
Bureau of Diplomatic Security, Intl Programs, U.S. Dept of State (June 11, 2012, 1:25
PM) (on file with the Committee, SCB0050094-95).
456
Diplomatic Security Agent 13 Testimony at 44.
457
See Email from Diplomatic Security Agent 25 to Charlene Lamb, Deputy Asst Secy,
Bureau of Diplomatic Security, Intl Programs, U.S. Dept of State (June 11, 2012, 1:25
PM) (on file with the Committee, SCB0050094-95) (Currently we have three High
Threat Trained TDY DS Agents on the ground and one TDY SST person.).
458
Email from Diplomatic Security Agent 19 (June 17, 2012, 8:12 AM) (on file with the
Committee, C05389864).
III-107
ported the sole Diplomatic Security Agent on the ground. The Diplomatic Security Agent described February 17s role to the Committee:
I also called our QRF, basically reacted them. We had a plan: On
a situation like that, they would take up positions throughout the
compound. One of the positions would be outside of our building. As I stepped outside, one of the QRF members was already
out there waiting for me. This is possibly, I don't know, 3
minutes after the bombing.
At some point, the guard finally activated the alarm. Our guard
force had a push button alarm; in case of any attack, they would
activate it. As I step outside, the QRF member is there. We
cleared our way to the TOC. Went inside the TOC. I turn off the
alarm, and I use our camera system to view or to try to determine
if there was any other people, any other attackers in the compound. That took approximately 3, 4 minutes.
I did not see anybody in our camera system. There are some
blind spots, but we did have a pretty good system throughout the
compound. I thought that with that, I would be able to determine
something, something blatant, something that would really stand
out.
Afterwards, I stepped outside of the TOC. I had two QRF members with me, and we commenced on clearing the compound.
While we were doing that, I heard two shots. It sounded to me
like rifle fire, something bigger than an M4, which is what I had.
So I thought initially that it was shooting in the compound. One
of the QRF members received, if I am not mistaken, a call that
told him that a third QRF member was outside and had detained
someone. 459
At the time of the second IED attack on June 6, 2012, February 17 provided support to the three Diplomatic Security Agents on the ground.
459
III-108
One of the Diplomatic Security Agents on the ground during that attack
testified:
[t]he February 17th Martyrs Brigade showed up in a matter of
minutes. Then from there we set up a perimeter outside on the
street. As we had this large hole in our wall, we wanted to push
our security perimeter back even further. We set up the large
hole I mean set up the perimeter, sorry; and then from there,
once that perimeter was set up, I went with one of our QRF guys
. And we went there and
secured the rest of the compound.
As there was a security incident at the front of our compound,
we had lost attention and lost visibility on other aspects of our
compound. So, before we decided to let the principal officer out
of the safe haven and call the all clear, we went through, me with
my M4, him with his AK 47, and we just moved through the
compound making sure nobody else had entered and there were
no other devices. After that was done, we called the all clear.460
Following the June attack, the Diplomatic Security Agents on the ground
wanted to increase the number of quick reaction force on the compound.
However, February 17 declined expressing concern with showing active
open support for the Americans [sic] in Benghazi. 461 Beginning in August, the Diplomatic Security Agent in charge expressed concerns about
the trustworthiness of those February 17 on the compound. He told the
Committee I think we, or at least I assumed that he was sharing information with Brigade about what he was doing on the compound and
what we were doing. 462 Days later, the Principal Officer at the time expressed concerns about February 17 to the Stevens and suggested moving
more to a government-government relationship. 463 Stevens responded
460
Testimony Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of
State, Tr. at 50-61 (Mar. 24, 2015) (on file with the Committee).
461
Email from Diplomatic Security Agent 19 (June 17, 2012, 8:12 AM) (on file with the
Committee, C05389864).
462
Diplomatic Security Agent 8 Testimony at 26.
463
Email from Principal Officer 3, U.S. Dept of State, to John C. Stevens, U.S. Ambassador to Libya, & Gregory Hicks, Deputy Chief of Mission to Libya (Aug. 12, 2012, 5:56
AM) (on file with the Committee, C05411463) (asking if it is the right signal to send to
have a contract with a militia rather than a more usual arrangement with local authorities
III-109
we should be in line with the GOL policy/law on this. What do the local
police and SSC leadership recommend. 464
Two days before the Stevens trip to Benghazi in September 2012 the
Diplomatic Security Agents on the ground were informed February 17
members on the compound would no longer support the Benghazi Missions off-compound movementsunless the Mission was willing to
increase their stipend. 465 In discussing the situation with Embassy Tripoli, one of the Diplomatic Security Agents described the move as part of
a power struggle between the government and brigades over security
functions in Benghazi. 466 Nevertheless expressed concern about the
Benghazi Missions ability to move throughout the city and easily gain
access to the VIP areas of the airport. 467 The issue remained unresolved
at the time Stevens traveled to Benghazi, with the Diplomatic Security
Agents using other U.S. government personnel on the ground in Benghazi to support Stevens off compound movements.
Local Guard Force
In addition to the armed presence provided by February 17, Benghazi
relied on an unarmed local guard force [LGF] to protect the compound.
The local guards were stationed 24/7 around the perimeter of the compound as an outer ring to give a perception of security.468 Local
guards provide[d] access control essentially for visitors as well as us
moving on and off the compound, and they also serve as the first line of
defense in the event of an attack or some other sort of security incident
would happened on the premise. 469 In particular,
(the SSC? The Army?) to provide our security? Should we try to readjust to a government-government relationship given the political transition.).
464
Email from John C. Stevens, U.S. Ambassador to Libya, to Principal Officer 3, U.S.
Dept of State, & Gregory N. Hicks, Deputy Chief of Mission in Libya, U.S. Dept of
State (Aug. 12, 2012, 1:05 PM) (on file with the Committee, C05390836).
465
See Email from Agent 5 to Regional Security Officer (Sept. 9, 2012, 11:31 PM) (on
file with the Committee, C05396013).
466
Email from Diplomatic Security Agent 5 (Sept. 8, 2012, 9:29 PM) (on file with the
Committee, C05396013).
467
See id.
468
Diplomatic Security Agent 13 Testimony at 51.
469
Diplomatic Security Agent 8 Testimony at 15.
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they are checking badges, they are checking license plates, that
sort of thing. They'll often itemize - the vehicles to make sure
there aren't explosives in the vehicles. If something were to happen, for instance, a mob or bomb or some sort of scenario like
that, they have the IDNS pendants, which sound our alarm, and
then they also have radios so they are instructed to call out a certain thing, DS agents, to alert us what type of attack it is and
where they are. 470
The LGF consisted of 20-25 local guards who rotated in shifts of five to
staff unarmed guard posts around the compound.471 A Guard Force
commander oversaw the performance of the guard members who participated in drills and other security operations led by the Diplomatic Security Agents and those February 17 on compound. After the second attack
on the compound in June 2012, the Benghazi Mission temporarily increased the number of local guards stationed around the compound at
night to eight. 472 On September 11, 2012, there were five local guard
force members on duty. 473
AN INTELLIGENCE FAILURE
Intelligence Community Reporting on Deteriorating Environment
As security in Benghazi and Libya deteriorated throughout 2012, the intelligence communitys reporting on the burgeoning terrorist environment and the inability of Libyan leaders to curtail the terrorists activities
increased in volume and became more alarming and specific in content.
As the Office of the Director of National Intelligence told Congress,
[T]he IC [intelligence community] monitored extremist activities and
published more than 300 disseminated intelligence reports and finished
analytic assessmentsfor a range of policy makers, the military, and
operatorsrelated to Western interests in the region between 1 February
470
Id. at 15-16.
See Email from Agent 19 to Agent 21 (June 7, 2012, 8:08 AM) (on file with the
Committee, C05393670).
472
See Email from Diplomatic Security Agent 25 to Charlene Lamb, Deputy Asst Secy,
Bureau of Diplomatic Security, Intl Programs, U.S. Dept of State (June 11, 2012) (on
file with the Committee, SCB0050094-95).
473
See FN 83, Part I.
471
III-111
474
Benghazi Intelligence Review: Office of the Director of National Intelligence, Oct. 22,
2012.
475
Clinton Testimony at 49.
III-112
.478
The same day, the Central Intelligence Agency issued a report titled
80
476
479
480
III-113
481
482
Extremist Progress Toward a Safe Haven in Libya, Central Intelligence Agency, Feb.
29, 2012.
483
Id.
484
Id. at 2.
III-114
485
485
487
Terrorists Using Local Camps and Militias for Future Operations, Defense Intelligence Agency, Mar. 21, 2012.
III-115
488
Less than three weeks after the Defense Intelligence Agencys report on
the potential for attacks against Western targets, the State Department
compound in Benghazi was attacked by an Improvised Explosive Device
(IED). An IED was thrown over the compounds perimeter wall. At the
time, only one State Department Diplomatic Security Agent was at the
Mission compound.
Less than a week after the first attack on the State Department compound, the Central Intelligence Agency published an intelligence piece
titled Libya as an emerging destination for foreign fighter training. 489
The same day, the Defense Intelligence Agency issued an intelligence
piece reporting al-Qaida and al-Qaida in the Lands of the Islamic Maghreb (AQIM) are expanding their contacts with political figures, terrorists, and militia groups in Libya. 490
AFRICOM issued its own assessment a week later, reporting
491
That same
day AFRICOM issued its assessment the U.S. was a target in Libya, the
State Department denied Benghazis request to have five Diplomatic Security Agents deployed in order to better secure the Missions compound. 492
The U.S. Armys National Ground Intelligence Center issued an intelligence piece on the 17 February Brigade. 493 At the time, members of February 17 were housed on the State Departments compound in order to
augment the State Departments security personnel at the Mission com488
Id.
Libya: Emerging Destination for Foreign Fighter Training, Central Intelligence
Agency, Apr. 12, 2012.
490
Terrorism, Libya: Terrorists Seeking Expanded Influence, Activity, Defense Intelligence Agency, Apr. 12, 2012.
491
J2 Intelligence and Knowledge Development, Libya: Al-Qaida Intent to Target U.S.
Aircraft in Libya, United States Africa Command, Apr. 19, 2012.
492
U.S. Dept of State, Cable, Tripoli-Request for DS TDY and FTE (Apr. 19, 2012).
493
Libya: 17 February Brigade, U.S. Army National Ground Intelligence Center, Apr.
25, 2012.
489
III-116
.
Two days later, the CIA assessed [K]ey militia blocs will most likely
remain reluctant to give up their organizational autonomy because of fear
of local rivals, distrust of the Transitional National Council, and competition for leadership of newly formed government institutions. 495 The report further noted: [T]he continued existence of dozens of autonomous
militias could undermine Libyas transition by engaging in violence,
seizing national infrastructure, subverting election procedures or using
coercion to influence the political process.496
As the deteriorating security environment accelerated in late spring 2012,
AFRICOM reported on the security vacuum created by the Transitional
National Councils inability to reign in the competing militias. AFRICOM assessed
494
Id.
Libya: Continued Militia Autonomy Jeopardizing Transition, Central Intelligence
Agency, Apr. 27, 2012.
496
Id.
495
III-117
498
On May 22, 2012, the CIA reported the eastern city of Darnha, a religiously conservative and historically marginalized areas that was a disproportionate source of Libyan freedom fighters during the Iraq war, is
the center of extremist activity in Libya, in part
499
On June 6, 2012, less than a week after the Defense Intelligence Agencys reported on Al Qaida-associated groups planning to launch near
term attacks, the State Department compound in Benghazi was attacked
again by an IED for the second time in less than two months. According
to the Defense Intelligence Agency,
497
J2 Network Analysis of Extremists Operating in Libya, United States Africa Command, May 16, 2012.
498
Id.
499
Libya: Weak Security Allowing Al-Qaida Associates To Become Entrenched, Office
of Terrorism Analysis, Central Intelligence Agency, May 22, 2012.
500
Terrorism: AQ Bolstering Presence and Influence in Libya, Defense Intelligence
Agency, May 30, 2012.
III-118
On June 11, 2012, the Central Intelligence Agency assessed the rocket
propelled grenade (RPG) and small-arms attack in Benghazi on the
British Ambassadors convoythe third attack on a Western diplomatic
target that weekhighlights the vulnerability of Western interests posed
by the permissive security environment in Libya.502 Some within the
State Department felt the Benghazi Mission compound was the intended
target. 503
The increased number of attacks against Western targets in May and
June 2012 led the Defense Intelligence Agency to
501
III-119
.
A June 18, 2012 CIA report issued the same day gave a broader assessment of the variables that would:
most likely affect the first stage of Libyas transition and the
runup to the planned July 2012 National Assembly election.[T]hese variables can be summed into two drivers: the
level of effectiveness of the interim government and militias
cooperation with the interim government. Wildcards, including
possible attacks by former Libyan leader Muammar al-Qadhafi
loyalists or al-Qaida-affiliated extremists could also impact
events. 507
The CIA assessment further provided an attack on interim government
officials or infrastructure by loyalists of former Libyan leader Muammar
al-Qadhafi and his family or al-Qaida-associated extremists could undercut the transitions progress depending on the scope.
on the near-term intentions and capabilities of these groups. 508
On June 26, 2012 the Central Intelligence Agency reported:
506
Terrorism: Conditions Ripe for More Attacks, Terrorist Safe Haven in Libya, Defense
Intelligence Agency, June 18, 2012.
507
First Stage of Libyas Transition: Key Drivers and Potential Outcomes, Directorate of
Intelligence, Central Intelligence Agency, June 18, 2012.
508
Id.
III-120
509
III-121
. 512
AFRICOM further assessed:
***
512
J-2 Intelligence and Knowledge Development, Theater Analysis Report ,United States
Africa Command, June 26, 2012.
III-122
.
By July 3, 2012, AFRICOM had assessed:
AFRICOM emphasized:
[N]o single group likely conducted the series of anti-Western attacks in Libya since 22 May 2012. On 12 June 2012, individuals
attacked the International Committee of the Red Cross (ICRC)
office in Misrata, wounding the landowners son and seriously
513
Id.
J-2 Intelligence and Knowledge Development Theater Analysis Report, North Africa:
Growing Threat from Al-Qaida Affiliated Extremists to Western Interests, United States
Africa Command, July 3, 2012.
515
Id.
516
Id.
514
III-123
damaging the building. On 11 June 2012, rocket propelled grenades (RPG) fired from an elevated position attack a threevehicle convoy carrying the British Ambassador to Libya. Two
passengers in the lead vehicle were injured. On 6 June, a crude
improvised explosive device (IED) detonated adjacent to the
main gate of the U.S. Mission Benghazi compound, causing no
casualties and minor damage to the compounds wall. The Brigades of Captive Umar Abd-al-Rahman claimed responsibility
for a 22 May rocket-propelled grenade attack on the Benghazi
office of the ICRC and the 6 June attack on the U.S. Mission
Benghazi. 517
On July 6, 2012, the Central Intelligence Agency issued its own assessment that Al-Qaida was establishing a sanctuary in Libya. In particular,
the report assessed Eastern Libya, particularly the city of Darnah, provides extremists with the space to plot and train operatives. 518
The report
further pointed
out
517
Id.
Libya: Al-Qaida Establishing Sanctuary, Central Intelligence Agency, July 6, 2012.
519
Id.
518
III-124
In fact, Abu Sufian bin Qumu, a former Guantanamo Bay detainee who was released back to Libya in 2007, became the
leader of the Ansar Al-Sharia in the city of Darnah. 521 According to the same report, Qumu trained in 1993 at one of Osama
bin Ladens terrorist camps in Afghanistan and later worked for
a bin Laden company in Sudan, where the al-Qaeda leader lived
for three years. 522
It was widely reported [M]ilitiamen under the command of Abu
Sufian bin Qumu participated in the attack that killed U.S.
Ambassador J. Christopher Stevens and three other Americans. 523
On July 25, 2012, AFRICOM reported on the spate of attacks on Westerners in eastern Libya. AFRICOM assessed
524
520
III-125
The same day, the Central Intelligence Agency issued its assessment of
an attack on the Libyan military intelligence agency headquartered in
Benghazi. The Central Intelligence Agency reported:
[T]he attack yesterday against the Libyan military intelligence
headquarters in Benghazi underscores how unidentified assailants are exploiting the permissive security environment to conduct surveillance and attacks. We do not know who was responsible for the strike, and most of the recent attacks do not appear to be linked. 526
The assessment restated:
527
526
Libya: Recent Attacks Highlight Persistent Threats in Eastern Libya, Office of Terrorism Analysis, Central Intelligence Agency, Aug. 1, 2012.
527
Id.
528
J2 Intelligence and Knowledge Development, Theater In-Brief, United States Africa
Command, Aug. 15, 2012.
529
Libya: Terrorists to Increase Strength During Next Six Months, Defense Intelligence
Agency, Aug.19, 2012.
III-126
.
On August 23, 2012, the Central Intelligence Agency published an assessment finding Al Qaida-affiliated groups and Libyan militias with
extremist ties increasingly are exploiting the permissive security environment in Libyaparticularly in the eastto establish training camps,
providing these groups with controlled areas in which to improve their
operational capabilities. 531 The Central Intelligence Agencys assessment noted again the proliferation of training camps in eastern Libya is
likely to continue unabated absent significant improvements in the technical capabilities, source networks, and infrastructure
532
530
Id.
Libya: Proliferation of Training Camps Aiding Extremist Networks, Office of Terrorism Analysis, Central Intelligence Agency, Aug. 23, 2012.
532
Id.
533
Terrorism: AQIM Growing Diverse Network in Libya, Office of Terrorism Analysis,
Central Intelligence Agency, Aug. 27, 2012.
531
III-127
534
Libya: Struggling to Create Effective Domestic Security Systems, Office of Middle
East and North Africa Analysis, Central Intelligence Agency, Aug. 29, 2012.
535
J2 Intelligence and Knowledge Development, Libya: Extremism in Libya, Past, Present, and Future, United States Africa Command, Sept. 5, 2012.
536
Id.
537
Id.
III-128
538
Id.
Clinton Testimony at 41-42.
540
Kennedy Testimony at 169-170.
539
III-129
541
Testimony of Leon E. Panetta, Secy of Def., U.S. Dept of Def., Tr. at 111 (Jan. 8,
2016) [hereinafter Panetta Testimony] (on file with the Committee).
542
Morell Transcript at 82-83; Morell Transcript at 211-212; Morell Transcript at 277.
543
Although Tom Donilon set up a post-Qadhafi task force to handle issues relating to
post-conflict strategy, the group became entrenched with managing the intervention and
unable to devote time to extensive stabilization planning. It did produce plans in conjunction with a Libyan reconstruction team, but it was unclear to what extent the plans were
used. See CHRISTOPHER S.CHIVVIS, TOPPLING QADDAFI at: LIBYA AND THE LIMITS OF LIBERAL INTERVENTION 14344. (2014) [hereinafter CHIVVIS, TOPPLING QADDAFI].
544
Id. at 60; see also Aaron David Miller, Obamas 21st Century War, FOREIGN POLICY
(Apr. 5, 2011),
http://www foreignpolicy.com/articles/2011/04/05/obamas_21st_century_war.
III-130
545
Press Release, NATO, NATO Secy Gen. Statement on the End of Libya Mission
(Oct. 28, 2011), http://www.nato.int/cps/en/natolive/news_80052 htm.
546
CHIVVIS, TOPPLING QADDAFI, supra note 522, at 16468.
547
Lucy Madison, Obama Congratulates Libya on Liberation, CBS NEWS (Oct. 23,
2011), http://www.cbsnews.com/news/obama-congratulates-libya-on-liberation/. Despite
the fact that the Administration justified the intervention under the doctrine of Responsibility to Protect, advocates for this approach such as Samantha Power, Secretary Clinton,
and Susan Rice failed to act on rhetoric from those who helped write the U.N.s 2001
Responsibility to Protect Report. Authors of the report emphasized that the doctrine embraced the responsibility to rebuild. See Jayshree Bajoria & Robert McMahon, The
Dilemma of Humanitarian Intervention, BACKGROUNDER, COUNCIL ON FOREIGN RELATIONS (June 12, 2013), http://www.cfr.org/humanitarian-intervention/dilemmahumanitarian-intervention/p16524.
548
See, e.g., CHIVVIS, TOPPLING QADDAFI, supra note 522, at 183; William Maclean, If
Libyan Rebels Win, Can They Rule?, REUTERS, (Aug. 21, 2011, available at),
http://in reuters.com/article/2011/08/21/idINIndia-58891320110821 (last visited Feb. 18,
2016);; Jason Pack & Haley Cook, Beyond Tripolis Grasp, MAJALLA, (Oct. 3, 2013,
available at), http://www majalla.com/eng/2013/10/article55245761 (last visited Feb. 18,
2016)..
549
CHIVVIS, TOPPLING QADDAFI, supra note 522, at 9495, 183. After the conflict, the
State Department was more concerned with Security Council politics in the debate on
how to respond to the war than transferring frozen Qaddafi regime funds to the TNC for
post-conflict stabilization. See id. at 164.
550
Id.; e.g., Armed Groups in Libya: Typology & Roles, SMALL ARMS SURVEY, RESEARCH NOTES (June 2012), available at
http://www.smallarmssurvey.org/fileadmin/docs/H-Research_Notes/SAS-Research-Note18.pdf (last visited Feb. 18, 2016)..
551
Biggest Success? NATO Proud of Libya Op Which Killed Thousands, RT (Oct. 28,
2011), http://rt.com/news/nato-libya-operation-success-999/ (last visited Feb. 18, 2016)
III-131
needed new a constitution, civil, social, and political institutions, economic management, and management of its oil wealth. 552 As NATO and
its partners left Libya, some questioned whether the destruction in Libya
would translate into compromising regional security. 553
The Obama Administration opted to forego the use of military forces to
stabilize a post-civil war Libyaan approach described by former Libyan Prime Minister Ali Zeidan as exercising bad judgment. 554 The State
Department exercised its own version of a light footprint, expeditionary
diplomacy, in an attempt to quickly normalize its presence in a country
with institutions devastated by more than 40 years of dictatorship, regional strife, and war. 555 The administration also chose to forego postwar planning. 556
In the aftermath of a multilateral intervention, Libya has erupted into
chaos, with both al-Qaeda and the Islamic State of Iraq and the Levant
using Libya as a safehaven. 557 While the Secretary of State testified,
without specifics, there were a number of documents prepared regarding planning for a post-Qadhafi Libya, 558 Morell said otherwise:
[hereinafter NATO Proud of Libya Op]; Max Boot, Libyas problems are far from over,
L.A. Times (Aug. 24, 2011), http://articles.latimes.com/2011/aug/24/opinion/la-oe-bootlibya-20110824.
552
Jayshree Bajoria, The Perils of Libyan Nation Building, WORLD POST, (Apr. 7, 2011),
http://www huffingtonpost.com/jayshree-bajoria/the-perils-of-libyannati_b_846080 html.
553
NATO Proud of Libya Op, supra note 529.
554
Mike Krever, West Should Have Put Boots on the Ground in Libya, Says Former
Prime Minister, CNN (Mar. 25, 2014),
http://amanpour.blogs.cnn.com/2014/03/25/west-should-have-put-boots-on-the-groundin-libya-says-former-prime-minister/. See also Raphael Cohen & Gabriel Scheinmann,
Lessons from Libya: America Cant Lead From Behind, TIME (Feb. 15, 2014),
http://ideas.time.com/2014/02/15/lessons-from-libya-america-cant-lead-from-behind/;
Stanley Kurtz, Assessing Libya, NATL REVIEW ONLINE (Aug. 22, 2011),
http://www nationalreview.com/corner/275181/assessing-libya-stanley-kurtz.
555
Fred Burton & Samuel Katz, 40 Minutes in Benghazi, VANITY FAIR, (Aug. 2013),
http://www.vanityfair.com/politics/2013/08/Benghazi-book-fred-burton-samuel-m-katz.
556
CHIVVIS, TOPPLING QADDAFI, supra note 522, at 14346.
557
Pamela Engel, How one major failure allowed ISIS to exploit the chaos in its newest
hotspot, BUSINESS INSIDER (Jan. 27, 2016), http://www.businessinsider.com/isis-libyarise-2016-1.
558
The U.S. House Select Committee on Benghazi, Hearing 4 Part 1: Testimony from
Former Secretary of State Hillary Clinton 10/22/2015 (EventID=104082), YOUTUBE
III-132
One of the problems was not going into it with a very detailed
plan for how you were going to maintain stability We never
really had a conversation around the table about whats going to
happen, hows it going to look? The intelligence community
never wrote that paper That conversation was not as rich and
rigorous as it should have been. 559
That view is supported by Anne Marie Slaughter, former Director of Policy Planning, State Department, when she wrote:
It is so much easier to pound our chests and declare that the
United States bestrides the world like a colossus and should be
able to dictate any outcome it wants. That is no longer true, if it
ever were. We found that out the hard way by toppling a government in Libya without any idea of what might come next. 560
Morell told the Committee Libya was unique among countries involved
in the Arab Spring because it was the only place where the United States
made a choice to push the Arab Spring forward.561 As a result, according
to Morell, the intelligence community should have furnished the President a plan projecting likely conditions in Libya after the fall of
Qadhafi. 562
Morell attributes the failure to provide predictive intelligence to multiple
parties across the spectrum: the intelligence analysts, the leadership of
the intelligence community, and even the decisionmakersincluding the
President and the Secretary of Statefor not asking those questions and
fostering a conversation about what would need to be done to maintain
III-133
563
Id. at 83.
Clinton Testimony at 177.
565
See Request for SST Extension from U.S. Embassy Tripoli, Libya, to Secy of State,
U.S. Dept of State (Feb. 12, 2012, 11:58 PM) (on file with the Committee,
SCB0049743-48).
566
Morell Testimony at 277.
567
Id.
568
Id.
569
Id.
570
Heres What I really Worry About, supra note [559] (emphasis added).
564
III-134
571
III-135
575
Press Release, The White House Office of the Press Secretary, The White House,
Readout of the Presidents Meeting with Senior Administration Officials on Our Preparedness and Security Posture on the Eleventh Anniversary of September 11th (Sept. 10,
2012),
https://www.whitehouse.gov/the-press-office/2012/09/10/readout-president-s-meetingsenior-administration-officials-our-prepared.
576
Id.
577
Panetta Testimony at 10.
578
Id. at 10-11.
579
Diplomatic Security Agent 5 Testimony at 93.
580
Email from Assistant Regional Security Officer (Sept. 11, 2012, 5:00 pm) (on file
with the Committee, C05271656)
581
The posting by Sean Smith read, Assuming we dont die tonight. We saw one of our
police that guard the compound taking pictures. See, e.g., Lindsay Wise, Libya attack
victim: assuming we dont die tonight , SEATTLE TIMES, Sept. 13, 2012.
IV-2
IV-3
IV-4
See id. 5(a) (Any committee of the House of Representatives having custody of records in any form relating to the matters described in section 3 shall transfer such records
to the Select Committee within 14 days of the adoption of this resolution. Such records
shall become the records of the Select Committee.).
IV-5
IV-6
12
Letter from Julia E. Frifield, Assistant Secy of State for Legis. Affairs, U.S. Dept of
State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (Nov. 24, 2014) (on file
with the Committee); Letter from Julia E. Frifield, Assistant Secy of State for Legis.
Affairs, U.S. Dept of State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi
(Dec. 9, 2014) (on file with the Committee).
13
Subpoena issued by H. Comm. on Oversight & Govt Reform to John F. Kerry, Secy
of State, U.S. Dept of State (Aug. 1, 2013) [hereinafter OGR Document subpoena]
(seeking approximately 25,000 pages of documents referenced in Assistant Secy Thomas Gibbons March 29, 2013 letter).
14
Subpoena issued by H. Comm. on Oversight & Govt Reform to John F. Kerry, Secy
of State, U.S. Dept of State (Aug. 1, 2013) [hereinafter OGR ARB Subpoena] (seeking
documents related to State Depts ARB findings regarding the facts and circumstances
surrounding the attacks in Benghazi).
15
Interim Progress Update, supra note 8, at 4.
16
Id.
17
Letter from Julia E. Frifield, Assistant Secy of State for Legis. Affairs, U.S. Dept of
State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (Aug. 11, 2014) (on file
with the Committee).
IV-7
State Departments senior staff. The email traffic did not reflect roles
played in the decision-making process as it related to the U.S.s intervention into Libya in 2011, the Special Mission to Benghazi in April 2011,
the extension of the Benghazi Mission into 2012, the night and early
morning hours of September 11-12, 2012, and the post-attack period.
Moreover, there were significant gaps in information that could be filled
only by interviewing eyewitnesses and other individuals on the ground in
Benghazi as well as witnesses who were in Washington DC in the days
and months leading up to the attacks on September 11-12, 2012.
On November 18, 2014, the Committee sought specific documents and
communications relating to Benghazi and Libya for 11 top State Department officials, including the Secretary and her senior staff. 18 The Committee also requested to interview more than 20 State Department witnesses, all of whom spent time on the ground in Benghazi, including four
diplomatic security agents who survived the September 11-12 attacks. 19
The Committee sent information requests in the fall of 2014 to the CIA,
the National Security Agency, the Defense Intelligence Agency, and the
Office of the Director of National Intelligence.20 In December 2014, the
Committee sent information requests to the Federal Bureau of Investigation [FBI] and the White House. 21
18
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John F. Kerry,
Secy of State, U.S. Dept of State, (Nov. 18, 2014) (on file with Committee).
19
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John F.
Kerry, Sec'y of State, U.S. Dept of State (Dec. 4, 2014) (on file with the Committee)
(The first of two similarly cited letters requesting interviews of four agents serving in
Benghazi the night of the attacks); see also Letter from Trey Gowdy, Chairman, H. Select
Comm. on Benghazi, to John F. Kerry, Sec'y of State, U.S. Dept of State (Dec. 4, 2014)
(on file with the Committee) (The second of two similarly cited letters requesting interviews of eighteen agents and principal officers who served in Benghazi).
20
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John O.
Brennan, Dir., Cent. Intel. Agency (Nov. 19, 2014) (on file with the Committee); Letter
from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to Michael S. Rogers, Dir.,
Nat'l Sec. Agency (Nov. 19, 2014) (on file with the Committee); Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to David R. Shedd, acting Dir., Def. Intel.
Agency (Nov. 19, 2014) (on file with the Committee); Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to James R. Clapper, Dir., Natl Intel. (Nov. 19,
2014) (on file with the Committee).
21
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to James B.
Comey, Jr., Dir., Fed. Bureau of Investigation (Dec. 4, 2014) (on file with the Commit-
IV-8
The Committee issued three additional subpoenas to the State Department (detailed below) and made nine individual document requests.22
Committee document requests resulted in approximately 75,420 pages of
new material:
It is important to rebut a frequent talking point. The number of documents produced is in isolation meaningless without knowing the relevance of the documents actually produced and the number of relevant
documents not produced. An agency that compliments itself on the number of pages provided to investigators when it alone knows the number of
relevant pages withheld is engaged in propaganda, not transparency.
MEETINGS, BRIEFINGS, AND PUBLIC HEARINGS
The Committees first priority was to hear from the families of the four
murdered Americans in the Benghazi attacks. 23 These meetings offered
the families an opportunity to be heard, to pose questions and concerns to
the Committee, and to provide their insights. The Chairman also request-
tee); Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to Denis R.
McDonough, White House Chief of Staff (Dec. 29, 2014) (on file with the Committee).
22
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John F.
Kerry, Sec'y of State, U.S. Dept of State (July 31, 2015) (on file with Committee).
23
Interim Progress Update, supra note 8, at 3.
IV-9
24
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, and Elijah E.
Cummings, Ranking Member, H. Select Comm. on Benghazi to John F. Kerry, Sec'y of
State, U.S. Dept of State and John O. Brennan, Dir., Cent. Intel. Agency (October 8,
2014) (on file with the Committee).
25
Id.
26
Id.
27
Id.
28
H. SELECT COMM. ON BENGHAZI, https://benghazi house.gov/hearings (last visited May
10, 2016).
29
Hearing 1 Before the H. Select Comm. on Benghazi, 113th Congress (2014), Hearing 2
Before the H. Select Comm. on Benghazi, 113th Congress (2014).
30
See 22 U.S.C. 4831 (2005).
31
INDEPENDENT PANEL ON BEST PRACTICES, DEPT OF STATE, 1 (AUG. 29, 2013).
IV-10
recommendations for improving executive branch cooperation and compliance with congressional oversight and
investigations 39
The administration attempted to the narrow the Committees investigation and repeatedly asked it to prioritize discovery requests. 40 While the
32
Id.
See Office of Inspector Gen., U.S. Dept of State, Special Review of the Accountability
Review Board Process: Report No. ISP-I-13-44A, 39-42 (Sept. 2013),
https://oig.state.gov/system/files/214907.pdf.
34
See Office of Inspector Gen., U.S. Dept of State, Compliance Followup Review of the
Special Review of the Accountability Review Board Process: Report No. ISP-C-15-33,
39-42 (Aug. 2015), https://oig.state.gov/system/files/isp-c-15-33.pdf.
35
Id.
36
Id.
37
See Hearing 3 Before the H. Select Comm. on Benghazi, 114th Congress,(2015).
38
H. Res. 567, 113th Cong., 3(a)(6) (2014).
39
Id. 3(a)(7).
40
Meeting between H. Select Comm. on Benghazi staff and U.S. Dept of State representatives (February 27, 2015). See also, email from Philip G. Kiko, Staff Director and
Gen. Counsel, H. Select Comm. on Benghazi, to Julia Frifield, Asst Secy of State, Leg33
IV-11
islative Affairs, U.S. Dept of State (March 23, 2015, 6:50 PM) (on file with the Committee).
41
Hearing 4 Before the H. Select Comm. on Benghazi, 114th Congress (2015).
42
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to David E. Kendall, Of Counsel, Williams & Connolly LLP (Mar. 19, 2015) (on file with the Committee). It is important to note that the Committee offered to take Secretary Clintons testimony in an interview setting. The former Secretary elected to provide her testimony to
the Committee in a public setting. See Letter from Trey Gowdy, Chairman, H. Select
Comm. on Benghazi to David E. Kendall, Of Counsel, Williams & Connolly LLP (Mar.
31, 2015) (on file with the Committee).
IV-12
43
IV-13
following the January 27, 2015 compliance hearing, the Committee issued a new subpoena for documents reviewed by the ARB. 47
The State Departments first production to the Committee consisted of a
four-page interview summary for a witness who was scheduled to appear
before the Committee the following day. 48 The State Department maintained this posture over the next several weeks with one or two ARB
summaries, totaling 38 pages, provided less than a week before the
Committees interviews. 49 It was not until April 15, 2015, the State Department produced approximately 1,700 pages of documents. 50 On April
24, 2015, the Department produced another approximately 2,600 pages
of documents. 51
It remains unclear whether production for the January 28, 2015 subpoena
is complete. Notwithstanding the more than 4,300 pages produced to the
Committee, previous statements made by the State Department to Congress revealed the ARB reviewed approximately 7,000 State Department documents, numbering thousands of pages. 52 Moreover, the State
Department withheld a number of documents from the Committee based
on executive branch confidentiality interests, an administrationconstructed privilege not recognized by the Constitution. 53
47
IV-14
54
Testimony of William Fischer, Chief Records Officer, U.S. Dept of State, Tr. at 66
(June 30, 2015) [hereinafter Fischer Testimony] (on file with the Committee).
IV-15
Act] litigation the issue had come up, but I had no idea about the
full circumstances. 55
Unknown to the Committee and the public, the State Department and the
Secretary were taking remedial action to recover her emails from her private server because of the Committees investigation. 56 According to the
State Departments own Inspector General:
[i]n May 2014, the Department undertook efforts to recover potential Federal records from Secretary Clinton. Thereafter, in July 2014, senior officials met with former members of Secretary
Clintons immediate staff, who were then acting as Secretary
Clintons representatives. At the meeting, her representative indicated that her practice of using a personal account was based
on Secretary Powells similar use, but Department staff instructed Clintons representatives to provide the Department with any
Federal records transmitted through her personal system. On
August 22, 2014, Secretary Clintons former Chief of Staff and
then-representative advised Department leadership that hard copies of Secretary Clinton emails containing responsive information would be provided but that, given the volume of emails,
it would take some time to produce. 57
In July 2014, Mills contacted Platte River Networks, the company contracted to maintain the Secretarys server, to request the Secretarys
emails be pulled and sent to her overnight. 58
55
Id.
July 2, 2014 meeting between Comm. Staff Director Philip G. Kiko and State Dept
Chief of Staff David E. Wade.
57
Office of the Inspector General, Office of the Secy: Evaluation of Email Records
Management and Cybersecurity Requirements, at 17-18, footnote 75, (May 26, 2016)
(on file with the Committee).
58
Carol D. Leonning and Rosalind S. Helderman, State Departments Account of email
requirements differs from Clintons, Washington Post (September 22, 2015),
https://www.washingtonpost.com/politics/state-departments-account-of-e-mail-requestdiffers-from-clintons/2015/09/22/54cd66bc-5ed9-11e5-8e9e-dce8a2a2a679_story.html
(He [Senator Johnson] cited a July 23, 2014, email in which employees at Platte River
Networks, the private company that was then maintaining her server, discussed sending
copies of Clintons emails overnight to Cheryl Mills, a long-time Clinton advisor.).
56
IV-16
The Committee did not publicize the existence of the eight emails identified from the Secretarys private email account, for myriad reasons. The
Committee believed these eight emails might represent the beginning of
a full production. There also existed the possibility of an explanation
other than what was eventually learned. These eight emails could have
reflected the Secretarys episodic use of personal email, as other administration officials had done, 59 and a more complete production of
state.gov emails could be forthcoming. Of course, while the Committee
did not have access to all salient facts in the summer of 2014, the State
Department did. The State Department knew then it did not have possession of her public records as these records were not turned over at the
end of the Secretary's tenure. The State Department knew then it was in
no position to comply with congressional inquiries or FOIA requests related to the Secretary's emails because it did not have custody or access
to the full public record. According to a recent report by the State Departments own Inspector General:
In early June 2013, Department staff participating in the review
of potential material for production to congressional committees
examining the September 2012 Benghazi attack discovered
emails sent by the former Policy Planning Director via his Department email account to a personal email address associated
with Secretary Clinton. In ensuing weeks, partly as a result of the
staffs discovery, Department senior officials discussed the Departments obligations under the Federal Records Act in the context of personal email accounts. As discussed earlier in this report, laws and regulations did not prohibit employees from using
their personal email accounts for the conduct of official Department business. However, email messages regarding official
business sent to or from a personal email account fell within the
scope of the Federal Records Act if their contents met the Acts
definition of a record. OIG found that the Department took no
action to notify NARA [National Archives and Records Administration] of a potential loss of records at any point in time. 60
59
See, e.g., Letter from Darrell E. Issa, Chairman, H. Comm. on Oversight & Govt Reform, to Hillary R. Clinton, Secy of State, U.S. Dept of State (Dec. 13, 2012) (on file
with the Committee).
60
Office of the Secy: Evaluation of Email Records Management and Cybersecurity
Requirements, supra note 69 at 17-18.
IV-17
At the time the Committee was formed in May 2014, the State Department was already actively seeking the return of the former Secretarys
emails. 61
The Committee moved forward by issuing its November 18, 2014 document request to the State Department to obtain a clearer understanding of
the role the Secretary and her senior staff played prior to, during, and
after the terrorist attacks. 62 The Committee made clear the Secretary and
her senior staffs documents and emails were necessary to facilitate her
testimony before the Committee.63 The decision to focus on obtaining
these documents was the direct result of the Committee Minoritys repeated request to move up the Secretarys appearance.
Very senior officials are traditionally interviewed last rather than first so
the questions can be informed by as much information as possible. This
is standard operating procedure in Executive Branch investigations. The
Committee Minority expressly asked that the Secretarys appearance be
moved up in the order of witness interviews and pledged in the process
to help secure all relevant emails and documents in order to make that a
reality. If there is any evidence Minority Committee members attempted
to secure access to relevant documents or facilitate the production of
documents, the Committee is not aware of it. Instead, the Committee Minority enjoyed the best of all worlds: complain about the Secretary not
being interviewed while relying on the State Department to delay, obstruct, and withhold production of the very documents needed to facilitate the interview.
The State Department did not disclose the fact that it did not have possession of the Secretarys emails, nor that it had been working with the
Secretary for the previous seven months to secure their return. The
Committee also asked the Secretary for documents and emails. On December 2, 2014, the Committee wrote David E. Kendall, the Secretarys
attorney, requesting all of the Secretarys emails related to Benghazi and
61
Id.
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John F.
Kerry, Secy of State, U.S. Dept of State (Nov. 18, 2014) (on file with the Committee).
It is also important to note that this letter was accompanied by instructions typically
found in subpoenas describing in greater detail the documents and communications
sought and the definitions to be applied to the instructions. See id.
63
See id.
62
IV-18
Libya from her private email account.64 Knowing the actions already
taken by his law firm and Mills to identify and return the former Secretarys emails to the State Department, Kendall did not respond until December 29, at which time he referred the Committee back to the State
Department. 65 Kendall stated [the State Department] is in a position to
produce any responsive emails. 66 This whos on first routine orchestrated between the Secretarys private counsel and the State Department,
which is ostensibly an apolitical governmental diplomatic entity, is
shameful. It was not merely Congress and the people it represents who
were misled and manipulated, the State Department and the Secretarys
email arrangement undoubtedly delayed access to information on what
happened to four brave Americans in Benghazi and the governments
response before, during and after the attacks. The manner in which the
Secretary communicated during her tenure, the manner in which those
records were housed during and after her tenure and the manner in which
the public record was self-scrutinized and self-selected makes it impossible to ever represent to the families of those killed in Benghazi that the
record is whole.
Notwithstanding the Committees December 2, 2014 request to Kendall,
Mills informed the State Department within a matter of days that she was
producing 55,000 pages of the Secretarys emails from her personal account.67 On December 5, 2014, Mills wrote the State Department that the
emails were being produced to help the Department meet its requirements under the Federal Records Act. 68 Mills letter did not disclose
that all of the Secretarys work was conducted on a private email account
and server. The letter did not disclose the form in which the 55,000 pages
of emails were being produced. It did not disclose how the emails were
being delivered to the State Department. The Committee would later
learn that, on the same day Mills sent her letter to the State Department, a
State Department records official was directed by his supervisor to pick
64
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to David E. Kendall, Of Counsel, Williams & Connolly LLP (Dec. 2, 2014) (on file with the Committee).
65
Letter from David E. Kendall, Of Counsel, Williams & Connolly LLP to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (Dec. 29, 2014) (on file with the Committee).
66
Id.
67
See Letter from Cheryl D. Mills, Chief of Staff to the Secy of State, U.S. Dept of
State, to Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of State (Dec.
5, 2014) (on file with the Committee).
68
See Id.
IV-19
69
Id.
Id. See also, Letter from Julia Frifield, Asst Secretary of State, Legislative Affairs,
U.S. Dept of State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi, (February
13, 2015) (on file with the Committee).
71
See Hearing 3 Before the H. Select Comm. on Benghazi, 114th Congress (2015).
72
Michael S. Schmidt, Hillary Clinton Used Personal Email Account at State Dept.,
Possibly Breaking Rules, N.Y. TIMES (Mar. 2, 2015),
http://www nytimes.com/2015/03/03/us/politics/hillary-clintons-use-of-private-email-atstate-department-raises-flags html?_r=0.
70
IV-20
letters; one was issued to the Secretary 73 and the other to Web.com, 74 the
registrar of the domain name Clinton@clintonemail.com. This was necessary to ensure relevant information in the parties possession was preserved. The letters requested the Secretary and Web.com:
1. Preserve all email, electronic documents and date (electronic
records) created since January 1, 2009, that can be reasonably
anticipated to be the subject to a request for production by the
Committee. For the purpose of this request, preserve means
taking reasonable steps to prevent the partial or full destruction,
alteration, testing, deletion, shredding, incineration, wiping, relocation, migration, theft or mutation of electronic records, as well
as negligent or intentional handling that would make such records incomplete or inaccessible;
2. Exercise reasonable efforts to identify and notify former employees and contractors who may have access to such electronic
records that they are to be preserved; and
3. If it is the routine practice of any employee or contractor to
destroy or otherwise alter such electronic records, either: halt
such practices or arrange for the preservation of complete and
accurate duplicates or copies of such records, suitable for production if requested. 75
THE SECRETARY IS SUBPOENAED
On March 4, 2015, a day after the Committee issued two preservation
letters, the Committee issued two additional subpoenas. The first compelled production from the Secretary of any documents and communications responsive to the November 18, 2014 letter still in her possession. 76
The Secretary, through her attorney, Kendall, responded to the Commit73
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to David E.
Kendall, Of Counsel, Williams & Connolly LLP (Mar. 3, 2015) (on file with the Committee).
74
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to Dan Brown,
Chairman and Chief Exec. Officer, Web.com (Mar. 3, 2015) (on file with the Committee).
75
See Chairman Gowdys letters, supra notes 73 and 74.
76
Subpoena issued by H. Select Comm. on Benghazi, to Hillary R. Clinton, former Secy
of State, U.S. Dept of State (Mar. 4, 2015).
IV-21
tees subpoena on March 27, 2015. In his letter, Kendall informed the
Committee:
With respect to any emails from Secretary Clintons
hdr22@clinontonemail.com account, I respond by stating that,
for the reasons set forth below, the Department of Statewhich
has already produced approximately 300 documents in response
to an earlier request seeking documents on essentially the same
subject mattersis uniquely positioned to make available any
documents responsive to your requests. 77
Kendall further told the Committee:
Secretary Clinton is not in a position to produce any of those
emails to the Committee in response to the subpoena without approval from the State Department, which could come only following a review process. On March 23, 2015, I received a letter
from Under Secretary of State for Management (attached hereto)
confirming direction from the National Archives and Records
Administration that while Secretary Clinton and her counsel are
permitted to retain a copy of her work-related emails, those
emails should not be released to any third parties without authorization by the State Department. Thus, while the Secretary has
maintained and preserved copies of the emails provided to the
State Department, she is not in a position to make any production
that may be called for by the subpoena.78
The State Department was unmoved by the location of public records
during the Secretarys tenure or for nearly two years thereafter until the
Committee insisted on their production. The State Department then orchestrated a sophomoric scheme of letters to have these records returned
to the State Department. Once this was accomplished, the State Department, previously uninterested in the location, security or fullness of this
public record, jealously guardedindeed preventedthe production of
the Secretarys records to Congress.
77
Letter from David E. Kendall, Of Counsel, Williams & Connolly LLP to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (Mar. 27, 2015) (on file with the Committee).
78
Id.
IV-22
79
Letter from Julia Frifield, Asst Secy of State, Legislative Affairs, U.S. Dept of State,
to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (June 25, 2015) (In a limited
number of circumstances, we did not locate in the tens of thousands of pages of email
provided by Secretary Clinton the content of a handful of communications that Mr. Blumenthal produced.)
80
See Letter from Julia Frifield, Assistant Secy of State for Legis. Affairs, U.S. Dept of
State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (Sept. 25, 2015) (on
record with the Committee).
IV-23
Simply put, the Committee has an obligation to seek and acquire all relevant information consistent with its jurisdiction. Part of securing that relevant information involved accessing public records, regardless of where
and by whom those records were held.
On January 8, 2016, the Department notified the Committee of yet more
responsive documents located in the Office of the Secretary. 81 These
documents had been "overlooked" by the State Department. 82 On February 26, 201620 months after the Committee was formedthe State
Department produced approximately 1,650 additional responsive documents. 83
The odyssey that became the Secretarys email arrangement was fully the
result of decisions she made in concert with others at the State Department. Had she used state.gov or employed a method of preserving public
records other than simply hiring private legal counsel to store, vet, and
disclose these public records, this would never have become an issue for
the Committee. The Committee knew in the summer 2014 the Secretary
used private email to conduct at least some official business and never
disclosed this fact publicly. The Committees interest was in accessing
the relevant and responsive material needed to accomplish the job it was
assigned to do. Moreover, of the more than 100 witnesses the Committee
interviewed only one was exclusively connected with her method of producing and preserving emailsBryan Pagliano, a Special Advisor to the
State Department. Paglianos interview was short when he invoked his
Fifth Amendment privilege against self-incrimination. Pagilano was an
important witness who could have spoken to the fullness of the Committees record. The Secretarys server was reportedly down during two key
time periods identified during the Committees investigationAugust
2011 and October 2012.
On April 8, 2016, the Committee received another production of approximately 1,150 pages of emails from Sean Smiths email account as well
as emails sent to and from senior leaders stored in the Office of the Secretary. On May 5, 2016, the Committee received yet again another pro81
Email from Eric Schneider, U.S. Dept of State, to Dana Chipman, Chief Counsel, Sel.
Comm. On Benghazi (January 8, 2016,) (on file with the Committee).
82
Id.
83
See Letter from Julia Frifield, Assistant Secy of State for Legis. Affairs, U.S. Dept of
State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (Feb. 26, 2016).
IV-24
duction from the State Department of approximately 405 pages of documents from the Office of the Secretary.
SUBPOENA FOR 7TH FLOOR PRINCIPALS
DOCUMENTS AND COMMUNICATIONS
The second subpoena issued in the aftermath of the disclosure of the Secretary's email arrangement was issued on March 4, 2015, and sought
documents and communications from the remaining ten senior staff officials identified in the Committees November 18, 2014 letter. More than
three months after the Committee first issued its request for these documents, the State Department had yet to produce a single document. 84 A
day after issuing this subpoena, the Committee learned the State Department did not start archiving emails of its senior officials until February
2015. 85 The Committee later learned Patrick F. Kennedy, Under Secretary for Management, State Department, wrote to several senior officials
identified in the Committees March 4, 2015 subpoena seeking the return
of all work related emails conducted on private accounts.86 The State
Department also kept this second Kennedy letter a secret. 87
Notwithstanding the specificity and clarity of the documents and communications sought by the March 4, 2015 subpoena, the State Department protested the breadth of the Committees request. 88 To help set priorities, the Committee offered guidance to State Department officials, at
their request. For example, on March 23, 2015, the Committee identified
84
IV-25
89
Id.
Email from Philip Kiko, Staff Director, to Julia Frifield, Asst Secy of State for Legislative Affairs (April 22, 2015, 1:03 PM)
91
James Rosen, Documents show State Dept missed target date for special Benghazi
unit, Fox News, May 6, 2016, http://www foxnews.com/politics/2016/05/06/documentsshow-state-department-missed-target-date-for-special-benghazi-unit html.
92
Phone call between Philip Kiko, Staff Director, H. Select Comm. on Benghazi, and
Julia Frifield, Asst Secy of State, U.S. Dept of State (May 2015).
90
IV-26
93
Memorandum from Philip G. Kiko, Staff Dir. and Gen. Counsel, H. Select Comm. on
Benghazi, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (June 2, 2014)
[hereinafter June 2 Staff Memo] (on file with the Committee) (summarizing the members
meeting with State Dept Chief of Staff Jon Finer).
94
Id.
95
Letter from Julia Frifield, Assistant Secy of State for Leg. Affairs, U.S. Dept of State,
to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (May 22, 2015) (on file with
the Committee).
IV-27
Recognizing neither public reproach nor the Committees support for the
State Departments reprogramming request would compel the Department to action, the Committee had few alternativesother than contempt
of Congress (dependent on Executive Branch enforcement) or timeconsuming litigation. On June 2, 2015, the Committee met with Jonathan
Finer, Chief of Staff and Director of Policy Planning, State Department,
to discuss the impasse. 96
With Finer, the Committee made it clear it was necessary to review documents prior to moving forward with interviews. 97 The Committee
members personally emphasized to Finer the emails from a number of
former senior State Department officials were necessary to have constructive conversations with witnesses. 98 The delays in producing documents thus delayed interviews. 99 While Finer would not agree to a production schedule, he did agree the State Department would make a substantial production within 30 days. 100 The meeting and agreement were
memorialized in a subsequent communication sent to Finer. 101 In its letter, the Committee defined substantial as producing, within 30 days,
all documents and emails described in phase one in our April 22,
2015 communication. 102
The substantial production of documents never materialized, further
delaying the interview schedule. Instead, on June 30, 2015, the State Department produced 3,600 pages of emails, more than 2,000 pages of
which were press clippings available chiefly on the internet.103 The production also focused almost exclusively on two individuals for one
month after the terrorist attacks, with a scattering of documents from
96
IV-28
other timeframes. 104 Moreover, the State Department continued its pattern of withholding documents based on what it described as Executive
Branch institutional interests. 105 No other productions arrived for almost
another month. On July 29, 2015, the State Department produced approximately 8,000 pages of documents, many of which were press clippings or duplicate emails.
OTHER DOCUMENT REQUESTS MADE TO THE STATE DEPARTMENT
In addition to seeking enforcement of the March 4, 2015 subpoena, the
Committee issued a number of additional requests for information from
the State Department. On June 12, 2015, the Committee sought the remaining ARB documents. 106 The Committee requested a list of all documents being withheld and the justification for withholding. 107 The
Committee also sought 11 discrete items referenced in the ARB documents. 108 The Committee requested a response by July 8, 2015. Roughly
seven months later, on February 25, 2016, the Committee received a
four-page document responsive to the June 12, 2015 request. 109
On July 6, 2015, the Committee wrote the State Department seeking an
update on compliance with the March 4, 2015 subpoena. No response
was received.
On July 10, 2015, the Committee wrote the Department again expressing
concern with the anemic productions made and the Departments lack of
candor with regard to the private email use of former senior officials.110
104
Id.
Letter from Julia Frifield, Asst Secy for Leg. Affairs, to Trey Gowdy, Chairman, H.
Select Comm. on Benghazi (June 30, 2015) (on file with the Committee) (In addition, a
small number of documents implicate important Executive Branch institutional interests
and therefore are not included in this production.).
106
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John F. Kerry,
Secy of State, U.S. Dept of State (June 12, 2015) (on file with the Committee).
107
Id.
108
Id.
109
Interview with [Agent 17], Accountability Review Bd. (Oct. 30, 2012) (on file with
the committee State-SCB0098607).
110
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John F. Kerry,
Secy of State, U.S. Dept of State (July 10, 2015) (on file with the Committee) (one of
two similarly cited letters).
105
IV-29
The Committee followed this letter with an email highlighting the State
Departments inaction in five areas:
1. scheduling of interviews;
2. producing private emails relating to the Committees jurisdiction
sent or received by former senior officials;
3. an accounting of the missing documents, including those withheld for executive branch confidentiality interests;
4. producing the remaining aspects of phase one of the March 4,
2015 subpoena; and
5. failing to acknowledge the receipt of the previous letters.111
JULY 31, 2015 DEMAND LETTER
The State Departments untenable posture, coupled with an abject lack of
meaningful response to the Committees outstanding subpoenas and requests, led to a demand letter on July 31, 2015. 112 The letter was a precursor to contempt of Congress action, and reflected the Committees
serious belief the State Department was intentionally impeding the investigations progress. 113
The Committee outlined the pattern of concealment and delay employed
by the State Department. 114 The Committee noted the State Departments
actions with regard to the Committees questions about production of the
Secretarys emails. 115
The Committee eventually received, in several tranches, document productions subsequent to the July 31, 2015 demand letter. Documents responsive to the March 4 subpoena were produced on August 21 and Au-
111
See Email from Philip G. Kiko, Staff Dir. and Gen. Counsel, H. Select Comm. on
Benghazi, to Julia Frifield, Catherine Duval, and Austin Evers, (July 14, 2015) (on file
with the Committee) (Regarding compliance and requests).
112
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John F. Kerry,
Secy of State, U.S. Dept of State (July 31, 2015) (on file with Committee).
113
Id.
114
Id.
115
Id.
IV-30
gust 28, 2015; September 18, 2015; October 5, 9, and 15, 2015; November 6 and 24, 2015; December 31, 2015; January 21, 2016; February 26,
2016; April 8, 2016; and May 5, 2016. In addition, the Committee received throughout the fall of 2015 and the early winter of 2016 approximately 9,000 pages of emails from Stevens email never before produced. 116
The Committee never received full productions of emails from the accounts of Under Secretary Wendy R. Sherman, Deputy Secretary William J. Burns, or Assistant Secretary Jeffrey D. Feltmanall of whom
were listed in the November 18, 2014 document request and the March 4,
2015 subpoena. The State Department never produced all relevant documents reviewed by the Accountability Review Board. 117 Finally, the
State Department still has not fully complied with the August 5, 2015
subpoena.
The State Department also withheld documents citing important Executive Branch institutional interests or important Executive Branch confidentiality interests on four separate occasions. 118 The Committee repeatedly sought additional information on the withheld documents, including the nature and number of documents withheld and the basis in
law for withholding them. On June 12, 2015, July 8, 2015, and July 31,
2015, the Committee wrote the State Department seeking additional information. The Committee also met with State Department representatives to discuss the status of the June 12, 2015, July 8, 2015, and July 31,
2015 requests multiple times, including as late as June 2016. To date, the
State Department has yet to account for the withheld documents. The
State Departments refusal to provide the Committee with information by
which to make reasonable judgements regarding the Departments decisions to withhold documents from Congress and, ultimately, from the
116
See infra Appendix J for a complete listing of requests and subpoenas for documents
as well as productions received pursuant to request or subpoena.
117
Letter from the Thomas B. Gibbons, acting Assistant Secy of Legis. Affairs, U.S.
Dept of State, to Darrell E. Issa, Chairman, H. Comm. on Oversight & Govt Reform
(Aug. 23, 2013) (on file with the Committee) (stating the ARB reviewed approximately
7,000 documents totaling thousands of pages).
118
See letters from Julia Frifield, Asst Secy of State for Legislative Affairs, U.S. Dept
of State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (February 13, 2015,
April 24, 2015, May 22, 2015, and June 30, 2015) (on file with the Committee).
IV-31
IV-32
Letter from Stephen C. Hedger, Assistant Secy of Def. for Legis. Affairs, U.S. Dept
of Def., to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (April 28, 2016) (on
file with the Committee).
120
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to Ashton B.
Carter, Secy of Def., U.S. Dept of Def. (Apr. 8, 2015) (on file with the Committee)
(first of three similarly cited letters); Letter from Trey Gowdy, Chairman, H. Select
Comm. on Benghazi, to Ashton B. Carter, Secy of Def., U.S. Dept of Def. (Apr. 8,
2015) (on file with the Committee) (second of three similarly cited letters); Letter from
Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to Ashton B. Carter, Secy of
Def., U.S. Dept of Def. (Apr. 8, 2015) (on file with the Committee) (third of three similarly cited letters).
121
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to Ashton B.
Carter, Secy of Def., U.S. Dept of Def. (Apr. 8, 2015) (on file with the Committee) (one
of three similarly cited letters).
IV-33
in answering 27 questions regarding actions taken by the Defense Department immediately prior to, during, and immediately after the attacks. 122
On April 27, 2015, the Defense Department responded to the Committees request providing copies of the force laydown from the respective
combatant commands and indicating it would provide responsive documents not previously provided on a rolling basis to the Committee.123
On May 21, 2015, the Defense Department provided 175 pages of classified documents, as well as 551 pages of un-redacted documents provided
pursuant to a court order under FOIA litigation. 124 The Defense Department declined to provide 36 pages that contain[ed] intelligence community or potential target information. 125 It also declined to provide one
page due to confidentiality concerns associated with executive branch
deliberations. 126 At the time of the Defense Departments letter, Committee staff had received briefings on and reviewed the drone footage on
two occasions.127 The Defense Department did not indicate whether it
would provide a copy of that footage to the Committee. As to five of the
Committees requests, it indicated its review was ongoing.
On July 28, 2015, the Committee received the Defense Departments
classified response to the Committees 27 questions.128 Over the following months, the Defense Department provided briefings to the Committee and made witnesses available. It did not, however, furnish any additional documents.
122
Id.
Letter from Michael J. Stella, acting Assistant Secy of Def., U.S. Dept of Def., to
Trey Gowdy, Chairman, H. Select Comm. on Benghazi (Apr. 24, 2015) (on file with the
Committee).
124
Letter from Stephen C. Hedger, Assistant Secy of Def. for Legis. Affairs, U.S. Dept
of Def., to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (May 21, 2015) (on
file with the Committee).
125
Id.
126
Id.
127
Id.
128
See Letter from Ashton B. Carter, Secy of Def., U.S. Dept of Def., to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (July 28, 2015) (on file with the Committee).
123
IV-34
See Email from Philip G. Kiko, Staff Dir. and Gen. Counsel, H. Select Comm. on
Benghazi, to William Hudson, Dir. of Cong. Investigations, Dept of Def. (Feb. 5, 2016,
17:19 EST) (on file with the Committee).
130
See id.
131
Id.
132
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to Ashton B.
Carter, Secy of Def., U.S. Dept of Def. (July 22, 2015) (on file with the Committee).
133
Id.
IV-35
requested an additional eight witnesses on February 5, 2016. The Committee also requested an interview with the individual who served as the
pilot for the aircraft that transported the CIF. 134 On February 26, 2016,
the Committee requested the Defense Department make the individuals
who piloted the drone on September 11-12, 2012 that flew over Benghazi
and Tripoli available for interviews.135
The Committee reiterated both of these requests on March 9, 2016 and
March 24, 2016. 136 The Defense Department indicated it was experiencing difficulty in tracking down records which could identify the individuals who piloted the aircraft and had not made progress in meeting the
Committees requests. Consequently, on March 31, 2016, the Committee
met with Elizabeth L. George, Deputy General Counsel, Legislation, Defense Legal Services Agency, Defense Department, regarding the outstanding requests. The Defense Department was informed the Committee
would issue subpoenas should the Defense Department not provide the
names of the pilots immediately. 137
For the next several weeks, Committee staff sought continued cooperation from the Defense Department. However, on April 28, 2016, Stephen
Hedger, the Assistant Secretary of Defense for Legislative Affairs sent
an inaccurate and misleading letter to the Chairman regarding the Committees requests. 138 Not surprisingly, that letter was leaked to the press
the following day and was on the Committee Minoritys website. Among
many of the inaccuracies, the letter stated the Defense Department had
134
Email from Mac Tolar, Senior Counsel, H. Select Comm. on Benghazi, to William
Hudson, Dir. of Cong. Investigations, U.S. Dept of Def. (Feb. 9, 2016, 1:32 PM) (on file
with the Committee).
135
Email from Mac Tolar, Senior Counsel, H. Select Comm. on Benghazi, to William
Hudson, Dir. of Cong. Investigations, U.S. Dept of Def. (Feb. 26, 2016, 17:00 EST) (on
file with the Committee).
136
See Email from Mac. Tolar, Senior Counsel, H. Select Comm. on Benghazi, to William Hudson, Dir. of Cong. Investigations, U.S. Dept of Def. (Mar. 9, 2016, 12:23 EST)
(on file with the Committee) (reiterating interview request); See also Email from Mac
Tolar, Senior Counsel to Mr. Hudson (Mar. 24, 2016, 16:56) (on file with the Committee)
(reiterating interview request).
137
Email from Philip G. Kiko, Staff Dir. and Gen. Counsel, H. Select Comm. on Benghazi, to Stephen Hedger, Assistant Secy of Def. for Legis. Affairs (Mar. 25, 2016, 11:37
AM) (on file with the Committee).
138
Letter from Stephen C. Hedger, Assistant Secy of Def. for Legis. Affairs, U.S. Dept
of Def., to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (April 28, 2016) (on
file with the Committee).
IV-36
139
See Email from Mac Tolar, Senior Counsel, H. Select Comm. on Benghazi, to Philip
G. Kiko, Staff Dir. and Gen. Counsel, H. Select Comm. on Benghazi (May 20, 2016,
11:47 EST) (on file with the Committee) (indicating receipt of all relevant names).
140
Testimony of Sensor Operator 1, Tr. at 16-17, June 9, 2016 [hereinafter Sensor Operator 1 Transcript] (on file with the Committee). See also, Letter from Stephen C. Hedger,
Assistant Secy of Def. for Legis. Affairs, U.S. Dept of Def., to Trey Gowdy, Chairman,
H. Select Comm. on Benghazi (April 28, 2016) (on file with the Committee).
141
Subpoena to Stephen C. Hedger, Assistant Secy of Def. for Legis. Affairs, U.S. Dept
of Def., H. Select Comm. on Benghazi (June 15, 2016) (on file with the Committee).
IV-37
142
IV-38
145
See Email from Mary K. E. Maples, Office of Cong. Affairs, Cent. Intel. Agency, to
Christopher Donesa, Deputy Staff Dir., H. Select Comm. on Benghazi (Nov. 19, 2014,
14:23 EST) (on file with the Committee).
146
Id.
147
Email from Christopher Donesa, Deputy Staff Dir., H. Select Comm. on Benghazi, to
Mary K. E. Maples, Office of Cong. Affairs, Cent. Intel. Agency (Dec. 8, 2014, 13:57
EST) (on file with the Committee).
148
Email from Mary K. E. Maples, Office of Cong. Affairs, Cent. Intel. Agency, to
Christopher Donesa, Deputy Staff Dir., H. Select Comm. on Benghazi (Dec. 8, 2014,
15:10 EST) (on file with the Committee).
149
Letter from Mike Rogers, Chairman, H. Perm. Select Comm. on Intel., to John O.
Brennan, Dir., Cent. Intel. Agency (May 8, 2014) (on file with the Committee).
150
Email from Christopher Donesa, Deputy Staff Dir., H. Select Comm. on Benghazi to
Mary K. E. Maples, Office of Cong. Affairs, Cent. Intel. Agency (Dec. 11, 2014, 10:47
EST) (on file with the Committee).
151
Email from Mary K. E. Maples, Office of Cong. Affairs, Cent. Intel. Agency to Christopher Donesa, Deputy Staff Dir., H. Select Comm. on Benghazi (Dec. 15, 2014, 10:33
EST) (on file with the Committee).
152
Email from Christopher Donesa, Deputy Staff Dir., H. Select Comm. on Benghazi, to
Mary K. E. Maples, Office of Cong. Affairs, Cent. Intel. Agency (Jan. 8, 2015, 11:19
EST) (on file with the Committee).
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153
Email from Mary K. E. Maples, Office of Cong. Affairs, Cent. Intel. Agency, to
Christopher Donesa, Deputy Staff Dir., H. Select Comm. on Benghazi (Jan. 12, 2015,
15:55 EST) (on file with the Committee).
154
Interim Progress Update, supra note 8, at 5.
155
Id. at 9.
156
Id.
157
Email from Mary K. E. Maples, Office of Cong. Affairs, Cent. Intel. Agency, to Dana
K. Chipman, Chief Counsel, H. Select Comm. on Benghazi et al. (Apr. 17, 2015, 9:16
EST) (on file with the Committee).
158
Id.
159
Id.
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mand raised serious separation of powers concerns and would have compromised the investigation to allow the subject of an investigation to review and redact the notes of its investigator.
The CIA placed none of these onerous and punitive restrictions on the
Intelligence Committees access to these same materials, which the CIA
provided to it to keep in its own offices at the Capitol.
NEW DOCUMENT REQUESTS
After a review of the more than 4,000 pages of read and return documents at the CIA, the Committee issued a new document request to the
CIA on April 28, 2015. 160 This request was for 26 specific categories of
information to help the Committee better understand the CIAs activities
in Benghazi, its response to the attacks, and the analytic processes undertaken in the wake of the attacks. 161 This document request included SameTime messages, emails, operational cables, and intelligence reports.162
The CIA resisted this request. In a May 15, 2015 telephone call with the
Committee Chairman, David S. Cohen, the Deputy Director of the CIA,
expressed concern with both the breadth and some of the types of documents requested, and claimed fulfilling the request could take many
months of work. 163 Additional meetings between the Committee and the
CIA took place to discuss the request, and it was not until July 8, 2015,
two-and-a-half months after the Committees document request, that the
CIA produced additional documents pursuant to this request.164
The results of the document production were underwhelming. The CIA
delivered only a smattering of material from four general categories. One
of the documents was a critical email the CIA had previously withheld
from the Committee even though it had been shared with the Intelligence
160
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John O. Brennan, Dir., Cent. Intel. Agency (Apr. 28, 2015) (on file with the Committee).
161
Id.
162
Id.
163
See Email from Neal L. Higgins, Dir. of Cong. Affairs, Cent. Intel. Agency, to Dana
K. Chipman, Chief Counsel, H. Select Comm. on Benghazi (May 15, 2015, 10:23 EST)
(on file with the Committee).
164
Memorandum from Dir., Office of Cong. Affairs, Cent. Intel. Agency, to Chief Counsel and Deputy Staff Dir., H. Select Comm. on Benghazi, July 8, 2016 (on file with Cent.
Intel. Agency, REQUEST 15-001 to REQUEST 15-0004).
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Email from employee, Cent. Intel. Agency, to Cent. Intel. Agency (Sept. 14, 2012
4:05 PM) (on file with the Committee, REQUEST 15-0005).
166
Subpoena issued by H. Select Comm. on Benghazi to John O. Brennan, Dir., Cent.
Intel. Agency, (Aug. 7, 2015).
167
Id.
168
Id.
169
Id.
170
Id.
171
See, e.g., Testimony of employee, Cent. Intel. Agency, Tr. 97-100 (July, 16, 2015) (on
file with the Committee).
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duced by the CIA, therefore, would not tell the full story of what happened the night and early morning hours of the attacks.
On August 28, 2015, the CIA responded to the subpoena. 172 The CIA
produced in full the specific intelligence assessments with supporting
material.173 The CIA also produced additional material relating to the
Intelligence Committee talking points, but objected to producing SameTime messages, arguing that the CIA does not produce SameTime
messages to Congress because doing so would have serious negative
consequences on CIAs work. 174 This is a striking assertion. To suggest
the entity that both created and funds the CIA and must provide oversight
for myriad reasons cannot have access at some level to the work done by
the CIA is staggeringly arrogant. In reality these SameTime messages
were both highly relevant and highly probative and fundamentally
changed the Committee's understanding of information previously provided to the Committee. This is precisely why Congress must be able to
access this information and precisely why the CIA was so resistant to
providing it.
A review of the documents ultimately produced by the CIA and subsequent witness interviews necessitated additional document requests to the
CIA. The Committee first attempted to request these documents informally. The CIA did not produce them. As a result, on January 13, 2016,
the Committee sent a letter to the CIA formally requesting additional
documents. 175 This request included two specific operational cables referenced repeatedly during witness interviews, an additional piece of intelligence analysis from after the attacks, and information regarding intelligence given to senior policymakers 176the subject of a previous
formal request from the Committee to the CIA. 177
172
Letter from Rachel Carlson Lieber, Deputy Gen. Counsel, Cent. Intel. Agency, to
Dana K. Chipman, Chief Counsel, H. Select Comm. on Benghazi (Aug. 28, 2015) (on file
with the Committee).
173
Id.
174
Id.
175
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John O. Brennan, Dir., Cent. Intel. Agency (Jan. 13, 2016) (on file with Committee).
176
Id.
177
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John O. Brennan, Dir., Cent. Intel. Agency (Nov. 4, 2015) (on file with the Committee).
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The CIA ignored this request. As a result, the Committee issued a second
subpoena on January 20, 2016. 178 This subpoena demanded the production of the two specific operational cables in addition to information regarding intelligence given to senior policymakers. 179
On February 9, 2016after months of the Committee applying pressure
to produce documents and the possibility John O. Brennan, Director,
CIA could be held in contempt of Congress for withholding documentsthe CIA finally relented.180 The CIA agreed to produce SameTime messages to the Committee and came to an agreement on access
to the two specific operational cables.181
While the CIA claimed the SameTime messages would not change the
Committees understanding of the facts of Benghazi, some of the contents of these messages were quite valuable. As a result of the delays
the Agency took more than nine months to fulfill the Committees requestthe Committee lost an opportunity to question some witnesses
specifically about these messages. In addition, some of the messages implicated agencies outside the CIA and did in fact change the Committees
understanding of certain factssomething the CIA, with its stove-piped
view of the Benghazi landscape, likely would not have known.
WITNESSES
The Committee interviewed 19 CIA witnesses during the course of its
investigation. The Committee understood these witnesses needed flexibility and, in some cases, anonymity. The Committee delayed important
interviews to ensure personnel would not take time away from missioncritical duties overseas. On one occasion, the Committee participated in a
secure video teleconference with a witness overseas, and on another occasion the Committee waited until a witness was between tours of duty
so the interview would not interfere with intelligence activities. The
Committee also provided copies of interview transcripts to the CIA so
178
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they could have them in their offices rather than reviewing them in the
Committee offices.
Although the Committee never issued subpoenas to any CIA witnesses,
and all appeared voluntarily, the CIA initially refused to produce some
witnessesincluding the manager of the analysts. Instead, the CIA produced the former head of the Office of Terrorism Analysis, who was unable to answer granular questions about how the analytic assessments
were drafted and what specific intelligence the analysts relied on. 182 Outstanding questions remained after that interview, and it was apparent the
Committee needed to speak to the first-line manager of the analysts. The
CIA refused to produce this witness, dubbing the individual a junior
analyst despite a decade of experience at the CIA. 183 Only after the
Committee proposed issuing a subpoena for the witnesss deposition did
the CIA agree to produce the person voluntarily for an interview. 184 This
witness proved highly probative, which regrettably, may be why the CIA
was reluctant to allow the interview in the first instance.
A similar situation occurred involving a senior employee in Benghazi.
The CIA initially refused to produce this individual, who, given his portfolio in Benghazi, was the only person who could speak to a number of
different topics and allegations. After the CIA agreed to produce him for
an interview, the CIA kept pushing the date of the interview further into
the future. Not until the Chairman issued a subpoena and was preparing
to serve it did the CIA set a date for this individuals interview. This witness also provided highly probative testimony calling into question previous conclusions drawn by other committees of Congress and fundamentally reshaping the Committees understanding of critical factors.
The Committee is also aware of concerns regarding the accuracy of certain specific witness testimony before the House Intelligence Committee.
The Committee carefully reviewed relevant testimony and information
182
See Testimony of employee, Cent. Intel. Agency, Tr. 43, 46 (Nov. 13, 2015)] (on file
with the Committee).
183
Email from Rachel Carlson Lieber, Deputy Gen. Counsel, Cent. Intel. Agency, to H.
Select Comm. on Benghazi (Jan. 7, 2016, 10:23 EST) (on file with the Committee).
184
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John O.
Brennan, Dir., Cent. Intel. Agency (Jan. 13, 2016) (on file with Committee) (on file with
the Committee).
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and questioned witnesses about this testimony, but was unable to definitively resolve the issue.
DISPARATE TREATMENT
While the Committee spent months trying to acquire new documents
from the CIA, the Committee Minority members had no such difficulty.
One day before the Committees first interview with a CIA witness, the
CIA emailed the Committee alerting it that [i]n response to a request for
specific cables from the minority, we have added three documents to the
documents at the CIA available for review. 185 Neither Committee Minority members nor the CIA informed the Committee such a request had
been made until the CIA obligingly fulfilled it. In contrast, the CIA refused to produce two specific cables requested by the Committee until a
subpoena was issued. 186
Again on October 17, 2015just five days before the Committees hearing with the Secretaryan email was sent on behalf of Committee Minority members to Higgins seeking information regarding a classification
issue. 187 The CIA responded 42 minutes lateron a Saturday night.188
Two days later Committee Minority members asked the CIA to review
seven transcript excerpts from two witness interviews for classification
185
Email from Mary K. E. Maple, Office of Cong. Affairs, Cent. Intel. Agency, to
Heather Sawyer, Minority Chief Counsel, H. Select Comm. on Benghazi et al (April 22,
2015, 9:19 EST) (on file with the Committee).
186
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John O.
Brennan, Dir., Cent. Intel. Agency (Jan. 13, 2016); Email from Rachel Carlson Lieber,
Deputy General Counsel, Cent. Intel. Agency, to H. Select Comm. on Benghazi (Jan. 18,
2016), and Subpoena to John O. Brennan, Dir., Cent. Intel. Agency, H. Select Comm. on
Benghazi, (Jan. 20, 2016) (on file with the Committee).
187
Email from Susanne Sachsman Grooms, Minority Staff Dir., H. Select Comm. on
Benghazi, to Neal L. Higgins, Dir. of Cong. Affairs, Cent. Intel. Agency (Oct. 17, 2015,
19:02 EST) (on file with the Committee).
188
Email from Neal L. Higgins, Dir. of Cong. Affairs, Cent. Intel. Agency, to Susanne
Sachsman Grooms, Minority Staff Dir., H. Select Comm. on Benghazi (Oct. 17, 2015,
19:44 EST) (on file with the Committee).
IV-46
review. 189 The CIA completed these reviews and returned the transcripts
in just 40 hours. 190
When the Committee asked the CIA to conduct a classification review of
witness transcripts, however, the CIA refused. As the Chairman noted in
a letter to Brennan on January 13, 2016:
The Agency has indicated it will not conduct a classification review of transcripts of previous Committee interviews but has
provided no reason why it is unable to perform this review,
which must be performed by the Executive Branch. The refusal
to conduct this review threatens to significantly impact both the
timelines and constitutional independence of the Committees final report, as well as the ability of the American people to review transcripts of unclassified interviews. This matter must be
resolved promptly to enable the Committee to undertake the process of preparing its final report 191
The CIA responded to this letter on March 22, 2016more than two
months laterfollowing a meeting on the topic between the Committee
and the CIA. In its response, the CIA said a classification review of the
transcripts would be lengthy and laborious. 192 The CIA also reiterated
its view the Committee should share its report in advance with the CIA,
something the CIA noted was critically important. 193 This delayed the
Committees final report because the Committee cannot release information without having it cleared for classification purposes and the Executive Branch solely conducts this review.
189
Email from Heather Sawyer, Minority Chief Counsel, H. Select Comm. on Benghazi,
to Neal L. Higgins, Dir. of Cong. Affairs, Cent. Intel. Agency (Oct. 19, 2015, 20:47 EST)
(on file with the Committee).
190
Email from Neal L. Higgins, Dir. of Cong. Affairs, Cent. Intel. Agency, to Susanne
Sachsman Grooms, Minority Staff Dir., H. Select Comm. on Benghazi (Oct. 17, 2015,
19:44 EST) (on file with the Committee).
191
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John O. Brennan, Dir., Cent. Intel. Agency (Jan. 13, 2016) (on file with Committee).
192
Email from Neal L. Higgins, Dir. of Cong. Affairs, Cent. Intel. Agency, to Philip G.
Kiko, Staff Dir. and Gen. Counsel, H. Select Comm. on Benghazi (Mar. 22, 2016) (on
file with the Committee).
193
Id. The CIA acknowledged in a March 4, 2016 meeting that it had simply assumed
the Committee would do this, without ever once asking with the Committee. This mistaken assumption perhaps contributed to the CIAs hardened posture in refusing to review
witness transcripts for classification and sensitivity purposes.
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194
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On April 23, 2015, the Committee Chairman wrote to the White House
again, 200 giving priority to specific categories of documents from the
Committees December 29, 2014 request.201 As a result, the White House
made additional document productions on May 11, 2015; 202 June 19,
2015; 203 and July 17, 2015. 204
On August 7, 2015, the Chairman wrote a third time to the White
House 205 addressing documents responsive to the Committees December 29, 2014 request which were being withheld by the White House. 206
Subsequently, the White House produced additional documents on August 28, 2015. 207
On September 9, 2015, White House staff met with Committee staff and
made progress on satisfying the Committees requests for information. 208
The White House briefed the Committee on a specific request, and a path
forward was set to identify remaining documents addressing specific categories of information important to the Committee. Additional meetings
were held in a classified setting, on October 5, 2015; 209 October 27,
2015; 210 and November 12, 2015. 211 Each meeting was accompanied by a
document production from the White House.
200
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to W. Neil Eggleston, White House Counsel (Apr. 23, 2015) (on file with the Committee).
201
Id.
202
See Letter from Jennifer OConnor, Deputy White House Counsel, to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (May 11, 2015) (on file with the Committee).
203
See Letter from Jennifer OConnor, Deputy White House Counsel, to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (June 19, 2015) (on file with the Committee).
204
See Letter from Jennifer OConnor, Deputy White House Counsel, to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (July 17, 2015) (on file with the Committee).
205
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to W. Neil Eggleston, White House Counsel (Aug. 7, 2015) (on file with the Committee).
206
Id.
207
See Letter from Jennifer OConnor, Deputy White House Counsel, to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (Aug. 28, 2015) (on file with the Committee)
208
See Email from Jennifer OConnor, Deputy Counsel, White House Office of the Chief
Counsel, to Dana K. Chipman, Chief Counsel, H. Select Comm. on Benghazi et al (Sept.
10, 2015, 14:53 EST) (on file with the Committee).
209
Letter from from Jennifer OConnor, Deputy White House Counsel, to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (Oct. 5, 2015) (on file with the Committee).
210
Letter from Jennifer OConnor, Deputy White House Counsel, to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (Oct. 27, 2015) (on file with the Committee).
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211
Letter from Jennifer OConnor, Deputy White House Counsel, to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (Nov. 12, 2015) (on file with the Committee).
212
Press Briefing by Press Secy Josh Earnest, Office of the Press Secy, The White
House (Mar. 18, 2016), https://www.whitehouse.gov/the-press-office/2016/03/21/pressbriefing-press-secretary-josh-earnest-3182016.
213
See Testimony of Susan E. Rice, former U.S. Ambassador to the U.N., Tr. (Feb. 2,
2016) (on file with the Committee); Testimony of Benjamin J. Rhodes, Deputy Natl
Security Advisor for Strategic Communications, Natl Security Council, Tr. at 50-51
(Feb. 2, 2016) (on file with the Committee).
214
H. Res. 567, 113th Cong., 4(a) (2014).
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ing weapons. 215 These refusals meant significant questions raised in public relating to Benghazi could not be answered.
At the meeting between the Chairman and the White House in Charlotte,
N.C., in January 2016, the Chairman told Eggleston the Committee
would need to review any and all relevant special access programs that
might relate to U.S. government activities in Libya. On March 16, 2016,
the Committee formalized its request for this access in a letter to Eggleston:
With this letter, I am also including a classified attachment detailing specific testimony received by the Committee establishing the need to further clarify what specific activities the U.S.
government may have conducted, and/or authorized, in Libya in
2011 and 2012. You are in a unique position to help us make
sure the record is complete. In order to accomplish this, however, the Committee requires your assistance. I therefore write to
formally request access to all special access programs regarding
U.S. activities in Libya in 2011-2012. 216
The letter contained a classified attachment detailing specific testimony
from senior and line personnel from the State Department, CIA, and the
Defense Department, all of whom did not respond fully to questions from
the Committee during their interviews due to access issues. Some of the
testimony provided raised substantial further questions in light of the
record available to the Committee. The administration ultimately did not
provide the requested access. 217
215
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to W. Neil Eggleston, White House Counsel (Mar. 16, 2016) (on file with the Committee).
216
Id.
217
Letter from Neal L. Higgins, Dir. of Cong. Affairs, Cent. Intel. Agency, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (April 28, 2016) (on file with the Committee).
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218
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221
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229
See id. Some of the emails were identified by the address with domain name
@clintonemail.com. Other emails were designated simply as H.
230
See Fischer Testimony at 66, in relevant part:
Q: Okay. One of the things that we wanted to talk with you about was when you first
became knowledgeable or aware that all or part of Secretary Clinton's records were not
on premises with the State Dept. And can you tell us when that was?
A: The end of July 2014.
231
Office of the Secy: Evaluation of Email Records Management and Cybersecurity
Requirements, supra note 69 at 17-18.
232
See Memorandum from M Patrick F. Kennedy to 7th Floor Principals 1 (Aug. 28,
2014) (on file with the Committee).
233
See id. at 3.
234
See id.
IV-54
committee exhibit 13 here. Does that look familiar? I'm not going to go through the whole thing with you. I just want to.
A: Yes, sir, this is familiar. This is something that we did in response to a NARA program that we call journaling but NARA's
official name is Capstone.
Q: And what prompted you to promulgate this memo?
A: NARAs program.
Q: I thought you and I had established that NARA rule had taken
place the fall of 2013.
Q: The journaling effort, Mr. Chairman, I cannot remember the
exact date and how my people had worked this through. But the
request to journal these records is something that I'm just reading
this now to see if anything else reminds me. Chairman, if I am
slow, I am slow. But I have
Q: Having spent the day with you, you will never convince me
that you are slow. You will never convince me of that. If you
would look at page 3 for me, kind of in the middle, it's a bullet
that starts, As a general matter.
A: Yes.
Q: As a general matter. Ill let you read the rest of that. You
can read it for the record whenever you feel comfortable.
A: Yes, sir, I am ready.
Q: Will you read that for us, for the court reporter?
A: As a general matter, to ensure a complete record of their activities, senior officials should not use their private email accounts for (e.g., Gmail) for official businesses. If a senior official
uses his or her private email account for the conduct of official
business, she or he must ensure that records pertaining to official
business that are sent from or received on such email account are
IV-55
captured and maintained. The best way to ensure this is to forward incoming e mails received on a private account to the senior officials State account and copy ongoing messages to their
State account. 235
Less than six weeks later, Kennedy sent another State Department announcement restating the obligations of employees to preserve records. 236 Less than 10 days later, on October 28, 2014, Kennedy sent a
letter to four former Secretaries of State. That letter sought the return of
Federal records, such as an email sent or received on a personal email
account while serving as Secretary. 237 The letter emphasized that diverse Department records are subject to various disposition schedules
with most Secretary of State records retained permanently, a fact that
was confirmed in the Committees interview with William Fischer, Chief
Records Officer, State Department.238 Because of a typographical error,
the State Department did not send the letter to Mills until November 12,
2014. 239
In response to a Committee member, Kennedy told the Committee:
A: Yes, sir. This was in response to a National Archives and
Records Administration new policy that they had put out.
235
Testimony of Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of
State, Tr. at 259-61 (Feb. 3, 2016) [hereinafter Kennedy Testimony] (on file with the
Committee).
236
See Patrick F. Kennedy, Under Secy of State for Mgmt., Dept Notice 2014_10_115:
A Message from Under Secy for Management Patrick F. Kennedy regarding State Dept
Records Responsibilities and Policy, U.S. DEPT OF STATE (Oct. 17, 2014),
https://www.archives.gov/press/press-releases/2015/pdf/attachment2-departmentnotice.pdf; Patrick F. Kennedy, Under Secy of State for Mgmt., Cable to Field: State
Dept Records Responsibilities and Policy, U.S. DEPT OF STATE (Oct. 30, 2014),
https://www.archives.gov/press/press-releases/2015/pdf/attachment3-cable-to-thefield.pdf.
237
See Letter from Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of
State, to former Secys Madeline Albright, Colin Powell, Condoleezza Rice, and Hillary
Clinton. (Oct. 28, 2014) (on file with the Committee). Its important to note that because
of a drafting error, Cheryl D. Mills letter was sent on November 12, 2014. See Letter
from Patrick F. Kennedy, Under Secy of State for Mgmt., U.S. Dept of State, to Cheryl
D. Mills. (Nov. 12, 2014) (on file with the Committee).
238
See Fischer Testimony, supra note 54, at 32-33.
239
See Letter from Patrick F. Kennedy, Under Secy of State for Mgmt., U.S Dept of
State to Cheryl D. Mills. (Nov. 12, 2014) (on file with the Committee).
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IV-57
IV-58
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240
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241
Letter from Cheryl D. Mills to Patrick F. Kennedy, Under Secy of State for Mgmt.,
U.S. Dept of State (Dec. 5, 2014) (on file with the Committee).
242
See Fischer Testimony, supra note 54, at 85.
243
Letter from Cheryl D. Mills to Patrick F. Kennedy, Under Secy of State for Mgmt.,
U.S. Dept of State (Dec. 5, 2014) (on file with the Committee).
244
Id.
245
Id.
246
Id.
247
Letter from Julia Frifield, Asst Secy of State for Leg. Affairs, State Dept, to Trey
Gowdy, Chmn., H. Select Comm. on Benghazi (June 25, 2015) (on file with the Committee) (In a limited number of circumstances, we did not locate in the tens of thousands of
pages of emails provided by Secretary Clinton the content of a handful of communica-
IV-61
Collectively, the statements above served as an attempt to shift the burden of the Secretarys recordkeeping responsibilities to other government
officials and the State Department.248 This was apparent in further statements consistently made by the Secretary speculating that the State Department had between 90-95 percent of all the ones that were work related. They were already on the system. 249 Not only could the State Department not confirm the percentage provided by the Secretary it did not
know where the percentage she used originated. 250
On March 9, 2015, the Secretary revealed her attorneys deleted emails
they deemed "personal" before turning over her work-related emails. 251
Neither the State Department nor the Committee could verify no workrelated emails were deleted by the Secretarys attorneys or that all of her
emails related to Benghazi and Libya were actually produced to the
Committee. Concerned about the completeness of the record, the Chairman requested, on March 19, 2015 and again on March 31, 2015, that the
Secretary make the email server available to a neutral third party for inspection and review. 252 The requests were rejected.253 The Committees
concern was confirmed on June 12, 2015 when a non-government witness produced approximately 150 emails and memos sent to or received
tions that Mr. Blumenthal provided. Those communications are documents Batesnumbered in Blumenthal products .).
248
See id.
249
Testimony of Hillary R. Clinton, Secy of State, U.S. Dept of State, Tr. at 280 (Oct.
22, 2015) (on file with the Committee).
250
See id. at 323 where Chairman Gowdy states when I asked the State Department
about ten days ago, what is the source of that figure, they shrugged their shoulders.
251
Zeke J. Miller, Transcript: Everything Hillary Clinton Said on the Email Controversy,
TIME (Mar. 10, 2015), http://time.com/3739541/transcript-hillary-clinton-email-pressconference/.
252
See Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to David E.
Kendall, Of Counsel, Williams & Connolly (Mar. 19, 2015) (on file with the Committee)
([F]ormally requesting Secretary Clinton make her server available to a neutral, detached and independent third party for immediate inspection and review.); see also Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to David E. Kendall, Of
Counsel, Williams & Connolly (Mar. 31, 2015) ([W]e urge the Secretary to reconsider her position and allow a neutral, detached, and independent arbiter ensure the public
record is complete and all materials relevant to the Committees work have been provided to the Committee.).
253
See Letter from David E. Kendall, Of Counsel, Williams & Connolly, to Trey Gowdy,
Chairman, H. Select Comm. on Benghazi (Mar. 27, 2015) (on file with the Committee).
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254
See Letter from James M. Cole, Partner, Sidley Austin, to Trey Gowdy, Chairman, H.
Select Comm. on Benghazi (June 12, 2015) (enclosing production of documents related
to Mr. Coles client, Sidney S. Blumenthal).
255
See Letter from Julia E. Frifield, Assistant Secy of State for Legis. Affairs, U.S.
Dept of State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (June 25, 2015)
(on file with the Committee).
256
See Lauren French, Gowdy: Not backing off subpoena of Clinton emails, POLITICO
(Mar. 5, 2015), http://www.politico.com/story/2015/03/house-committee-benghaziclinton-email-subpoena-115795.
IV-63
mittee requested briefings on the State Departments record keeping activities as it related to both the Secretary and her senior staff. On March
17, 2015, the Committee met with representatives from the National Archives and Records Administration to better understand their role in the
State Departments record keeping practices. On April 10, 2015, the
Committee met with Katie Stana, Deputy Director of the Executive Secretariat, State Department, to understand the recordkeeping apparatus in
place for the Office of the Secretary. 257 In addition, the Committee interviewed John Bentel, Director of the Office of Information Resource
Management for the Executive Secretariat, to understand the technology
and systems the Secretary and other senior officials used. When asked
about the Secretarys exclusive use of private email and server, the Director testified he became aware when it came out in the papers.258 He
further testified he did not know whether the State Departments general
counsel was consulted. 259
The Committee sought to better understand the State Departments record keeping practices, including additional information on compliance
with existing Federal regulations and State Department policy on April
18, 2015. 260 In particular, the Committee requested the State Department
respond to 27 questions raised regarding the Secretarys email usage.
The Committee emphasized the importance in getting answers to the
questions by including them as part of the July 31, 2015 demand letter to
Kerry. 261 When asked about the status of a State Department response,
the State Department indicated the OIG would respond to the questions. 262 In a January 14, 2016 meeting, the OIG revealed it had not seen
the questions until the week of January 5, 2016, contrary to the assertions
made by State Department officials. In fact, the OIG suggested at the
meeting the Committee would be best served by asking the State Department to respond to the questions.
257
April 10, 2015 meeting between State Dept officials and Comm. staff.
Testimony of John Bentel, Director, Executive Secretariat, U.S. Dept of State, Tr. at
37 (June 30, 2015)(on file with the Comm.).
259
Bentel Testimony at 51.
260
Email from Philip G. Kiko, Staff Dir. and Gen. Counsel, H. Select Comm. on Benghazi, to Julia Frifield, Assistant Secy for Legis. Affairs, U.S. Dept of State (Apr. 18, 2015,
3:39 PM).
261
Letter from Trey Gowdy, Chairman, H. Select Comm. on Benghazi, to John F. Kerry,
Secy of State, U.S. Dept of State (July 31, 2015) (on file with Comm.).
262
See conversations between State Dept personnel and Comm. staff.
258
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263
IV-65
268
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The criminal contempt statute should be amended to require the appointment of a special counsel to handle criminal contempt proceedings upon the certification of a contempt citation against an Executive Branch official by the House or Senate.
IV-67
law and its own internal rules to changed circumstances. The recommendations above would restore to Congress an effective and useful ability to
compel compliance from the Executive Branch.
Contempt of Congress has long been recognized as a necessary and inherent component of the legislative power.270 Without the power to find
individuals in contempt, Congress would have no means by which to
command compliance with its subpoenas and punish obstruction. 271 For
much of our history, Congress wielded the power to enforce a finding of
contempt by imprisoning noncompliant individualsoften referred to as
the "inherent" contempt power. 272 Congress last used this power in
1935. 273 It has been called unseemly and few would advocate a return
to the practice in the current hyper-partisan political environment where
even the issuing of subpoenas draws howls of protest. 274
Congress first enacted criminal contempt procedures in 1857 as an alternative to its inherent power to imprison. 275 Under the criminal contempt
statute, the House or Senate may cite an individual for contempt of Congress and certify the citation to the U.S. Attorney for the District of Columbia whose duty it is to present the contempt citation to a grand jury. 276 Criminal contempt is punishable by a fine of up to $1,000 and up to
one year in prison. 277
The criminal contempt statute was, in practice, the sole enforcement
mechanism for Congress after 1935 and was used or threatened with
some frequency against senior Executive Branch officials beginning in
1975. 278 Invoking the criminal contempt statute generally resulted in full
or substantial compliance with subpoenas. 279
270
E.g., Anderson v. Dunn, 19 U.S. 204, 228-29 (1821) (holding that the House has the
inherent power to punish a private citizen for contempt).
271
Id.
272
See id.
273
See Jurney v. MacCracken, 294 U.S. 125 (1935).
274
See Comm. on the Judiciary v. Miers, 558 F. Supp. 2d 53, 78 (D.D.C. 2008).
275
2 U.S.C. 192, 194.
276
2 U.S.C. 194.
277
2 U.S.C. 192.
278
Morton Rosenberg, When Congress Comes Calling: A Primer on the Principles, Practices, and Pragmatics of Legislative Inquiry, THE CONST. PROJECT 16 (2009),
IV-68
http://www.constitutionproject.org/wpcontent/uploads/2009/07/WhenCongressComesCalling.pdf
279
Id.
280
Letter from Karl R. Thompson, Acting Asst Attorney Gen., Office of Legal Counsel,
Dept of Justice, to Ronald C. Machen, Jr., U.S. Attorney for D.C. (June 16, 2014).
281
See id.
282
See id.
283
See Comm. on the Judiciary v. Miers, 558 F. Supp. 2d 53, 108 (D.D.C. 2008) (ordering Miers to testify before and produce requested materials to Congress).
284
See Comm. on Oversight and Govt Reform v. Lynch, No. 12-1332 (ABJ), 2016 WL
225675, at *16 (D.D.C. Jan. 19, 2016) (granting the Comm.s motion to compel the Justice Dept to produce documents).
IV-69
Justice Department in August 2012 to compel the production of documents. 285 Three and a half years later, in January 2016, a Federal district
court judge ordered the Justice Department to produce withheld documents, 286 and in April 2016, the Justice Department finally produced the
documents to Congress. 287 An enforcement tool requiring three and a
half years simply to get a district court order is unacceptable.
While Congress retains its constitutional authority to hold recalcitrant
witnesses in contempt of Congress, this authority no longer compels
prompt, if any, compliance. All three enforcement mechanisms
inherent powers, criminal charges and civil enforcementhave questionable usefulness today and are largely dependent upon other branches
of government agreeing with or pursuing the cause and remedy. The administrations obstruction of congressional oversight is the inevitable and
predictable result. The three recommendations above would restore Congresss ability to enforce its subpoenas through its inherent constitutional
authority, through criminal law and through civil enforcement.
Restoring Congresss inherent powers to enforce its subpoena must be
the first priority. It is the only mechanism solely within Congresss discretion. The inherent power can be restored through simple rules changes
in the House. The House should change its rules to allow a point of order
against any appropriations measure, including conference reports, and
continuing resolutions, that would fund the salary of a Federal official
held in contempt of Congress. 288 The House should establish a high bar
for waiving the point of order.
285
Press Release, H. Comm. on Oversight & Govt Reform, House Asks Federal Court to
Rule Against Attorney Generals Stonewalling in Fast and Furious (Aug. 13, 2012),
https://oversight house.gov/release/house-asks-federal-court-to-rule-against-attorneygenerals-stonewalling-in-fast-and-furious/.
286
Lynch, 2016 WL 225675, at 16.
287
Press Release, H Comm. on Oversight & Govt Reform, Chaffetz Statement on Fast
and Furious (Apr. 8, 2016), https://oversight house.gov/release/chaffetz-statement-fastfurious-documents/.
288
For example, House Rules prohibit the inclusion of provisions changing existing law
in a general appropriations bill and such provisions may be objected to and ruled out of
order. See Rules of the H. of Representatives, Rule XXI, cl. 2(b) (114th Cong.). A similar
rule could be applied to any provision appropriating funds that would go to the salary of a
Federal official held in contempt.
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292
See Exec. Order No. 13,526, 75 Fed. Reg. 707 (Dec. 29, 2009).
See, e.g., Letter from Julia Frifield, Assistant Secy of State for Legis. Affairs, Dept
of State, to Trey Gowdy, Chairman, H. Select Comm. on Benghazi (Sept. 25, 2015)
[hereinafter Frifield Transmittal Letter] (on file with the Comm.). Use of the Sensitive
but Unclassified designation differs from the broader phenomenon described here
which is not even founded in administrative practicebut strongly illustrates the nature
of the problem.
294
As one example, in a September 25, 2015 letter to the Comm. transmitting emails
from the Secy, the Dept stated these documents should be handled differently from
prior productions even though they had not actually been determined to be classified and
review was ongoing. It requested informally for other documentswhich had not been
properly classifiedto be treated as classified. Id. Similarly, the Department asked for
certain interviews to be conducted in a classified environment even though the anticipated subject matter had previously been unclassified.
295
Exec. Order No. 13526, for example, expressly provides: Information may be originally classified under the terms of this order only if all of the following conditions are
met. The stated conditions include specific procedures for identifying and marking classified information in a manner that is immediately apparent.
293
IV-73
should either be properly classified in accordance with clearly stated procedures or treated as unclassified. There is no cognizable middle ground.
Sensitive information can be protected without resort to such arbitrary
treatment, as it has been under the Committees voluntary agreement
with the State Department to protect certain types of personal and operational information. The unfounded efforts of the Executive Branch to
create new categories of information control posed significant obstacles
to the Committees workboth in handling and using the material and in
presenting it to the American people. It is important to note the question
here is not alleged over-classification, but rather failure of the Executive Branch to properly classify the information in question at all. The
former is a subjective assessment of whether material should be classified and how. The latter represents attempts by the Executive Branch to
control information without following the relevant law or procedure to
classify it or, even worse, to control information that doesnt fit within its
lawful classification authorities at all. Further, Executive Order 13526
clearly provides material cannot be classified to conceal violations of
law, inefficiency, or administrative error or prevent embarrassment to
a person, organization, or agency. 296
Improving Oversight and Investigations within the House
RECOMMENDATIONS
The House should amend its rules to authorize all committees to take
depositions.
296
IV-74
http://www.constitutionproject.org/wpcontent/uploads/2009/07/WhenCongressComesCalling.pdf
298
Id.
299
E.g. This committee conducted 107 interviews in the course of its investigation. Interviews frequently lasted over three hours. This number of witnesses and depth of questioning would be nearly impossible in a hearing setting.
300
H. Res. 6, 110th Congress 502 (2007).
301
Rosenberg, supra note 299, at 11, 82. See, e.g., H. Res. 507, 105th Congress (1998)
(Providing deposition authority to the Comm. on Education and Workforce for an investigation relating to the International Brotherhood of the Teamsters).
302
H. Res. 5, 114th Congress 3 (b) (2015) (The Comms. on Energy and Commerce,
Financial Services, Science, Space and Technology, and Ways and Means).
303
H. Res. 579, 114th Congress (2016).
IV-75
obtained without the Committees ability to compel on-therecord interviews in a private setting. 304
Jeb Hensarling, Chairman, Committee on Financial Services, similarly
noted:
Deposition authority continues to be critical to the Committees
oversight of an Administration that has been markedly indifferent to the Committees subpoenas and voluntary information requests. 305
Given the successful implementation of deposition authority in the 114th
Congress to four additional committees, the House should amend its
rules to extend the authority to all of its committees.
The small size of committee staffs in comparison to the Federal agencies
they oversee necessarily limits the ability of committees to oversee the
agencies within their jurisdictions. In addition, committees are already
busy wrestling with major reauthorizations and reform plans. As a result,
committees sometimes struggle to devote sufficient resources to oversight.
House Rule X, clause 2(b)(2) requires standing authorizing committees
with more than 20 members to either establish an oversight subcommittee or to require its subcommittees to conduct oversight. 306 As all House
subcommittees have an obligation to conduct oversight within their assigned jurisdictions, this rule is little more than an exhortation to establish an oversight subcommittee. Of the 15 committees to which the rule
applies, six did not establish oversight subcommittees in the 114th Congress. 307
304
162 CONG. REC. H41 (daily ed. Jan. 6, 2016) (letter submitted for the record Rep.
Smith)
305
162 CONG. REC. H39 (daily ed. Jan. 6, 2016) (letter submitted for the record Rep.
Hensarling)
306
Rules of the H. of Representatives, Rule X, cl. 2(b)(2) (114th Cong.).
307
H. Comm. on Agric., H. Comm. on Educ. & Workforce, H. Comm. on Foreign Affairs, H. Comm. on Judiciary, H. Comm. on Small Bus., and H. Comm. on Transp. &
Infrastructure.
IV-76
While some committees, such as the Committee on Energy and Commerce, have a decades-long record of active oversight, 308 not every
committee in the House has acted accordingly. An oversight subcommittee ensures that at least one subcommittee chair and the staff of that subcommittee will be singularly focused on oversight of the agencies and
programs within the full committees jurisdiction.
Reforming Record-Keeping Laws
RECOMMENDATION
The State Departments failure to adhere to Federal law and its own policies governing record management significantly impeded the committees investigation.309 Even more important, these failures delayed the
flow of information to the families and loved ones of those killed and
injured in Libya and delayed that information being made available to
the public.
These failures are not indigenous to this Committee and will be familiar
to congressional investigators of the Centers for Medicare and Medicaid
Services, 310 the Environmental Protection Agency, 311 the Internal Revenue Service 312 and the Energy Department. 313 The destruction of records,
308
See, e.g., Joel A. Mintz, Agencies, Congress and Regulatory Enforcement: A Review
of EPAs Hazardous Waste Enforcement, 18 ENVTL. L. 683, 706 n. 57 (1988).
309
See supra discussions regarding State Departments record-keeping at 54-66.
310
Majority Staff of H. Comm. on Oversight & Govt Reform, Behind the Curtain of the
Healthcare.gov Rollout, 113TH CONG. 1, 17 (Sept. 17, 2014),
https://oversight house.gov/wp-content/uploads/2014/09/Healthcare-gov-Report-Final-917-14.pdf.
311
Letter from the members of H. Comm. on Science, Space, and Tech. to Lisa Jackson,
Admr, Envtl. Prot. Agency (Jan. 23, 2013),
https://science.house.gov/news/letters/committee-letter-epa-administrator-jackson-realias-emails-january-23-2013.
312
See Letter from members of H. Comm. on Oversight & Govt Reform to President
Barack Obama (July 27, 2015), https://oversight house.gov/wp-
IV-77
use of private email and email aliases, and failure to retain records has
impeded multiple congressional investigations over the years. These
concerns reach back to prior administrations as well. This is not a political issue; it is a legal, constitutional, and branch equity issue. In 2007,
the Secretarythen Senatordenounced secret White House email
accounts after senior White House officials were found to have conducted some official business over political email accounts.314 In this
Committees investigation, the Secretarys unusual email arrangement,
her senior staffs use of non-official email accounts, and the State Departments own lack of fidelity to the record maintenance rules, all delayed and in some instances prevented the Committee from accessing
official records necessary to conduct a thorough investigation.
content/uploads/2015/07/2015-07-27-UPDATED-JC-to-Obama-WH-KoskinenResignation.compressed.pdf.
313
Press Release, H. Comm. on Oversight & Govt Reform, Oversight Comm. Presses
Energy Secy on False Denials, Improper Use of Non-official Email Accounts in
Solyndra Loan Program (Aug. 15, 2012), https://oversight.house.gov/release/oversightcommittee-presses-energy-secretary-on-false-denials-improper-use-of-non-official-emailaccounts-in-solyndra-loan-program/.
314
Blake Neff, VIDEO: In 2007, Hillary Said Secret Emails Shredded the Constitution,
DAILY CALLER (Mar. 4, 2015), http://dailycaller.com/2015/03/04/video-in-2007-hillarysaid-secret-emails-shredded-the-constitution/.
V: RECOMMENDATIONS
TERRORIST ATTACKS ON U.S. FACILITIES IN BENGHAZI
Recommendation: The Executive Branch should provide for a central
planning and coordination mechanism (likely within an existing entity)
for interagency threat assessment and tracking for force protection of
U.S. facilities abroad as well as planning, operations, and response to
potential attacks.
The coordinating organization should provide for:
A clear designation of who is in charge of managing and following up on response in emergent situations as well as the roles
and responsibilities of involved departments and agencies.
Clear and prompt timeline milestones for resolution of policy issues potentially impacting response to emergent situations.
Clear and real-time identification of all potential U.S. Government assets potentially positioned to respond to emergent threats.
A mechanism for prompt consideration of potential waivers to
existing policy or other constraints potentially limiting immediate response to an emergent situation.
Joint training exercises with all agencies present in high threat
foreign locations as well as with the host nations external quick
reaction force for emergency and exfiltration plans.
Interoperability and improved communication during contingencies. As one example, on the ground security personnel need to
be able to communicate directly with operational military personnel in a crisis to coordinate surveillance and response.
Relevant agencies (including the State Department, combatant
commands, and the Central Intelligence Agency) need to be involved in each agencys emergency action plans to ensure situational awareness as well as that each agencys facilities, capabilities and response role is known. Where capability on the ground
is insufficient and the Defense Department cannot respond immediately, the State Department and other agencies can adjust
their respective plans to allow backup local or regional resources
to be identified ahead of time.
V-2
Agents should be armed or have ready access to defensive weapons at all times.
Additionally, Diplomatic Security Agents and Security Protection Specialists should maintain a 24-hour armed quick reaction
force [QRF] capability in all high threat environments manned
using internal resources when available.
When sufficient internal resources are not available, staffing for
a QRF should be clearly coordinated in advance with potential
responders. Planning should also provide for support and a definitive timeframe for response from other U.S. government resources such as Mobile Security Detachments, Site Security
Teams or Fleet Antiterrorism Support Teams [FAST]. When
U.S. government assets are not available, planning should consider whether contractors might provide enhanced capability.
V-3
Recommendation: The Committee supports funding the State Departments Foreign Affairs Security Training Center as the Department needs
a dedicated training facility. The Department also should ensure its personnel satisfactorily complete requisite courses. A security professional
should never go to a warzone or high threat environment feeling unprepared to defend themselves and their principal officer.
INTERNAL AND PUBLIC GOVERNMENT COMMUNICATIONS
ABOUT THE TERRORIST ATTACKS IN BENGHAZI
Recommendation: The drafting and editing of talking points and other
political communications for policymakers is not an intelligence function. Intelligence agencies and officials should not be drawn into the creating or editing of talking points and other political or policy communications.
Further, intelligence analysts should generally not produce products other than analytical products adhering to proper analytical
tradecraft. Other officialssuch as legislative or public affairs,
non-analyst management, and White House Staffshould not be
involved in the production of any product to be used or represented as the product of analytical tradecraft. Each stream of material must be kept separate and independent.
Further, when communicating with the public, senior executive
branch officials and spokespersons should carefully distinguish
analysis of intelligence and other agencies from policy judgments, spin, opinion and interpretations extrapolated from intelligence analysis by White House staff, political appointees, or
senior officials outside the Intelligence Community. Such materials may be derived from properly produced analytical material
when distinguished in this manner.
V-4
Recommendation: An additional step of quality control should be instituted in the review process for analytic products to ensure analytical
products accurately reflect the views of analysts consistent with proper
analytical tradecraft or are otherwise properly caveated.
Further, where senior analysts responsible for briefing the President substitute their judgment for the consensus views of line analysts in the Presidents Daily Brief, the material should be appropriately caveated and accompanied by the consensus view of
line analysts.
Further, a formal mechanism should be put into place to memorialize irregularities arising from significant analytical disagreements or tradecraft deviations, including notification to the Congressional intelligence committees.
V-5
ARB proceedings should be conducted in a manner to ensure appropriate recordkeeping of evidence and support for findings and
recommendations.
If deciding officials disagree with recommendations of ARBs,
require them to memorialize reasons in writing.
All ARB reports or in exceptionally sensitive circumstances significant findings of ARB reports should be provided to Congress.
ARB reports should presumptively be produced in an unclassified format, and wherever possible a version outlining core findings and issues unrelated to personnel actions should be made
public.
A clear mechanism should be developed to separate personnel
accountability from lessons learned and general corrective actions following attacks.
Within the State Department, coordination, oversight and support to an ARB should be provided by a secretariat or other office independent from the secretariats most likely to be reviewed
during an ARB proceeding.
Recommendation: For an ARB review, the State Department must affirmatively search for all relevant records, including archived records and
records of senior leaders.
Recommendation: The ARB implementing statute should be amended to
allow an assessment of personnel failures not rising to the level of a
breach of duty.
Recommendation: Relevant Executive Branch agencies should consider
and develop an appropriate long-term framework to provide for appropriate survivor benefits to the families of Americans killed in the line of
duty in response to issues identified in the aftermath of the Benghazi attack.
Recommendation: Family members of Americans killed in the line of
duty should have a central liaison in Departments and agencies where
one does not already exist. Such liaisons should be expressly chartered
and empowered to act as advocates for family members inresolving or
explaining benefits issues, and providing as much information as possible (including specific information on request) sought by family members. Where classification issues exist, Departments and agencies should
consider providing limited security clearances regarding relevant information pertaining to the fate of family members.
V-6
This process should include more express recognition and prioritization of collection requirements with respect to threat warning
and response within the National Intelligence Priorities Framework.
This process should include more express coordination and integration with strategic and tactical force protection collection and
analysis already conducted by Defense Intelligence Agency and
other military intelligence agencies.
Compliance with Congressional Investigations
V-7
Appendix A
H. Res. 567
In the House of Representatives, U. S.,
May 8, 2014.
Resolved,
SECTION 1. Establishment.
There is hereby established the Select Committee on the Events
Surrounding the 2012 Terrorist Attack in Benghazi (hereinafter referred
to as the Select Committee).
SEC. 2. Composition.
(a) The Speaker shall appoint 12 Members to the Select Committee, five of whom shall be appointed after consultation with the minority
leader.
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A-3
A-4
(b) In addition to any final report addressing the matters in subsection (a), the Select Committee may issue such interim reports as it
deems necessary.
(c) Any report issued by the Select Committee may contain a
classified annex.
SEC. 4. Procedure.
(a) Notwithstanding clause 3(m) of rule X of the Rules of the
House of Representatives, the Select Committee is authorized to study
the sources and methods of entities described in clause 11(b)(1)(A) of
rule X insofar as such study is related to the matters described in section
3.
(b) Clause 11(b)(4), clause 11(e), and the first sentence of clause
11(f) of rule X of the Rules of the House of Representatives shall apply
to the Select Committee.
(c) Rule XI of the Rules of the House of Representatives shall
apply to the Select Committee except as follows:
(1) Clause 2(a) of rule XI shall not apply to the Select
Committee.
(2) Clause 2(g)(2)(D) of rule XI shall apply to the Select
Committee in the same manner as it applies to the Permanent Select Committee on Intelligence.
A-5
A-6
(A) Members of the Select Committee to question a witness for periods longer than five minutes as
though pursuant to clause 2(j)(2)(B) of rule XI; and
(B) staff of the Select Committee to question a
witness as though pursuant to clause 2(j)(2)(C) of rule
XI.
SEC. 5. Records; Staff; Funding.
(a) Any committee of the House of Representatives having custody of records in any form relating to the matters described in section 3
shall transfer such records to the Select Committee within 14 days of the
adoption of this resolution. Such records shall become the records of the
Select Committee.
(b)(1)(A) To the greatest extent practicable, the Select Committee shall utilize the services of staff of employing entities of the House.
At the request of the chair of the Select Committee in consultation with
the ranking minority member, staff of employing entities of the House or
a joint committee may be detailed to the Select Committee without reimbursement to carry out this resolution and shall be deemed to be staff of
the Select Committee.
(B) Section 202(i) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4301(i)) shall apply with respect to the Select Committee in the
A-7
same manner as such section applies with respect to a standing committee of the House of Representatives.
(2) The chair of the Select Committee, upon consultation with
the ranking minority member, may employ and fix the compensation of
such staff as the chair considers necessary to carry out this resolution.
(c) There shall be paid out of the applicable accounts of the
House of Representatives such sums as may be necessary for the expenses of the Select Committee. Such payments shall be made on vouchers
signed by the chair of the Select Committee and approved in the manner
directed by the Committee on House Administration. Amounts made
available under this subsection shall be expended in accordance with
regulations prescribed by the Committee on House Administration.
SEC. 6. Dissolution and Disposition of Records.
(a) The Select Committee shall cease to exist 30 days after filing
the final report required under section 3.
(b) Upon dissolution of the Select Committee, the records of the
Select Committee shall become the records of such committee or committees designated by the Speaker.
Attest:
Clerk.
Appendix B
SIGNIFICANT PERSONS AND ORGANIZATIONS
Persons
Abedin, HumaDeputy Chief of Staff for Operations for the Secretary
of State, Department of State
Bargathi, Abdul SalamLeader of the Preventative Security Brigade,
childhood friend of Abu Khattala
Bash, JeremyChief of Staff to the Secretary of Defense, Department of
Defense
Blumenthal, SidneyFriend and Confidant of Secretary Hillary R.
Clinton
Boswell, EricAssistant Secretary of State for Diplomatic
Security/Director of the Office of Foreign Missions, Department
of State
Breedlove, Philip M.General, United States Air Force; Commander of
the U.S. Air Forces Europe/U.S. Air Forces Africa, Department
of Defense
Brennan, John OwenDeputy National Security Advisor for Homeland
Security and Counterterrorism, and Assistant to the President,
White House
Bukatef, FawziLeader of the February 17 Martyrs Brigade, the group
that housed a Quick Reaction Force (QRF) at the Benghazi
Mission compound
Bultrowicz, ScottDirector, Diplomatic Security Service and Principal
Deputy Secretary of State, Bureau of Diplomatic Security,
Department of State
Burns, WilliamDeputy Secretary of State, Department of State
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B-3
B-4
Leidig, Jr., Charles J.Vice Admiral, United States Navy; Deputy to the
Commander for Military Operations, U.S. Africa Command,
Department of Defense
Litt, Robert S.General Counsel, Office of the Director of National
Intelligence
Lohman, LeeExecutive Director, Bureau of Near Eastern
Affairs/Bureau of South and Central Asian Affairs, Department
of State
Losey, BrianRear Admiral, United States Navy; Commander of
Special Operations Command (SOC) Africa, Department of
Defense
Macmanus, JosephExecutive Assistant to the Secretary of State, Office
of the Secretary, Department of State (from May 2012 until
November 2012)
Magariaf, Mohamad YousefPresident, General National Congress of
Libya
Maxwell, RaymondDeputy Assistant Secretary of State for Maghreb
Affairs, Bureau of Near Eastern Affairs, Department of State
McDonough, DenisDeputy National Security Advisor, White House
Meehan, BernadetteAssistant Press Secretary for the National Security
Council, White House
Mills, Cheryl D.Chief of Staff and Counselor to the Secretary of State,
Department of State
Mordente, PatrickGeneral, United States Air Force; Director of
Operations (J3) for the U.S. Transportation Command
(TRANSCOM), Department of Defense
Morell, MichaelDeputy Director, Central Intelligence Agency
Mull, StephenExecutive Secretariat, Office of the Secretary of State,
Department of State
B-5
B-6
B-7
B-8
Shields were not always cohesive and not all worked in the best
interests of the Libyan Army and Libyan government writ-large
Libyan Military IntelligenceThe group that helped Americans
evacuate from the Annex to the Benghazi airport after the mortar
attacks early on September 12th
Mohammad Jamal NetworkGroup leadership historically affiliated
with al-Qaida Senior Leader Dr. Ayman al-Zawahiri; other
affiliations to AQIM and AQAP
Obeida Ibn al-Jarra MilitiaIslamist militia led by Ahmed Abu
Khattala, a breakaway faction from Ansar al-ShariaBenghazi
(AAS-B)
Rafallah al-Sahati BrigadeA small militia that also operated under the
Libya Shield umbrella; at the time of the attacks, the militia was
in possession of kidnapped Iranian hostages
Sheikh Omar Abdel-Rahman BrigadesIslamist militia based in
Benghazi, Libya
Supreme Security CouncilA quasi-government organization involved
in security and policing matters in Benghazi, now defunct
Appendix C
QUESTIONS FOR THE PRESIDENT
June 7, 2016
W. Neil Eggleston
Counsel to the President
The White House
1600 Pennsylvania Avenue NW
Washington, D.C. 20500
Dear Neil:
Shortly after the formation of the Select Committee on the Events
Surrounding the 2012 Terrorist Attack in Benghazi, Libya, you and I
spoke on the phone. During that conversation I informed you the
Committee would not compel an interview with the President and the
Committee was familiar with and would respect the Executive Privilege
attached to certain communications with the President. I also told you the
Committee would send written questions to the President at the
culmination of our investigation. I assured you these questions would not
be publicized at the time they were sent and furthermore the questions
would be limited to information that could not be obtained from other
sources.
At our meeting in Charlotte, N.C. in January of 2016, I further offered to
show you the questions in advance and provide the underlying testimony
that gave rise to the question. In other words, each of these questions has
an evidentiary basis rooted in either documents or other testimony, and I
was willing to show you the questions and the foundation for the
questions.
While I would have been pleased to meet with you again, the reality is
we would have gone over the same ground previously visited. The
Executive Branch would, perhaps, argue sending questions to the
President is unprecedented and would create a constitutional crisis.
The Legislative Branch would argue several prior Committee Chairmen
sent an extensive set of questions to the President regarding Benghazi,
the President has answered media inquiries about Benghazi without a
C-2
2.
When did you first learn a U.S. facility in Benghazi, Libya, had
been attacked? What were you told, and by whom? Were you
informed Sean Smith had been killed during the initial attack?
3.
4.
C-3
5.
6.
7.
[Classified]
8.
9.
When did you learn of a mortar attack that killed Tyrone Woods
and Glen Doherty? Who informed you?
10.
11.
12.
13.
Have you ever viewed surveillance footage from the cameras (or
other sources) located at the U.S. facilities in Benghazi depicting
the attacks? Will you declassify this footage so the American
people can see for themselves what transpired?
14.
C-4
15.
[Classified]
Appendix D
SIGNIFICANT EVENTS IN LIBYA
PRIOR TO THE ATTACKS
February 22, 2011Embassy Tripoli is evacuated because of emerging
civil war.
On or around March 11, 2011Decision made to send a representative
to Benghazi to liaise with the emerging transitional national council
[TNC]. Hillary R. Clinton, Secretary of State, asks J. Christopher Stevens to serve as Representative to the TNC.
April 5, 2011Stevens enters Benghazi and stays at the Tibesti Hotel.
April 10, 2011Stevens and team contemplate leaving Benghazi because of security concerns.
June 10, 2011Stevens and team leave Tibesti Hotel and stay temporarily with other U.S. government personnel in Benghazi.
June 21, 2011Stevens and team relocate to an interim facility later
known as Villa A.
July 15, 2011U.S. recognizes the TNC as the Legitimate Representative of the Libyan People.
August 3, 2011Stevens and team sign leases for Villas A, B, and C.
August 21, 2011Tripoli falls.
August 22, 2011The Secretary takes credit for events in Tripoli.
August 30, 2011The Secretarys staff want team in Tripoli as soon as
possible.
September 22, 2011The U.S. Embassy in Tripoli reopens and Gene
A.Cretz resumes position as U.S. Ambassador to Libya.
October 18, 2011The Secretary travels to Tripoli but not Benghazi.
D-2
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Appendix E
SECURITY INCIDENTS IN LIBYA
From the outset, the security environment in Benghazi was precarious.
Stevens mission to Benghazi began in the midst of a civil warwith
Benghazi serving as the home to the opposition and rebel forces.
Notwithstanding the civil wars end in August 2011 with the fall of
Tripoli and later Libyas liberation on October 23, 2011, the security
environment in Libya, including Benghazi, remained tenuous. At the
time the Benghazi mission was extended in December 2011, the State
Departments own threat rating system considered Libya to be a grave
risk to American diplomats. The security environment only deteriorated
from there. The Diplomatic Security agents on the ground tracked the
security incidents in Libya between 2011 and 2012. Documents prepared
by the agents tracking security incidents are included below.
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From:
Sent:
To:
Cc:
Subject:
Attachments:
An updated incident list for you. We are also adding them into the website to track as well. We will likely
meet with 17 February today about the detained American. Last night the 17 February commander
confirmed that they did have him in custody and further more they were going to publicize it on their
webpage today, with some sort of propaganda aim. I'll keep you posted.
'
U.S. Department of State - Doc# C05397253 - Produced to the House of R_epresentatives Select Committee on Be~ghazi
per agreement on redactions/safeguarding semb41Ge~6116nOAitu-NirMAij~uhder the Freedom of Information Act.
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Appendix F
DETERIORATION OF MISSION COMPOUND SECURITY
Overview
The decision by State Department senior officials to leave the Benghazi
Mission in an undefined status left it without typical security measures
and a dedicated funding stream that would otherwise apply to official
overseas posts. Benghazis security posture was further eroded by other
factors such as constant equipment failures and insufficient quantities of
personal protection equipment. Furthermore, notwithstanding the insufficient number of Diplomatic Security Agents sent to Benghazi, intervening factors such as problems with the Libyan visa system further limited
the number of Diplomatic Security Agents deployed to Benghazi.
Funding Issues
The Benghazi Missions requests for even the most basic security
measures were impacted by the lack of dedicated funding made available
by the State Department. Senior officials within the State Department
were well aware of the funding implications associated with continuing
the Benghazi Mission into 2012. Jeffrey D. Feltman, Assistant Secretary
of State, Bureau of Near Eastern Affairs, testified:
What we were trying to figure out was, how could we make a
compelling enough argument that in the zero sum game that we
have in terms of our budget and our resources, that we could find
enough resources to keep Benghazi operating through the critical
transition period? [sic] 1
Patrick F. Kennedy, the Under Secretary of State for Management, testified: OBO has the funding authority for our permanent facilities .
It [funding authority for temporary facilities] ranges between the regional
bureau in which the facility is located or the Bureau of Diplomatic Secu1
Testimony of Jeffrey D. Feltman, Asst Secy of State for Near Eastern Affairs, U.S.
Dept of State, Tr. at 47 (Aug. 8, 2015) [hereinafter Feltman Testimony] (on file with the
Committee).
F-2
rity. 2 To that end, there was awareness at the senior level that the Benghazi Missions limited duration prevented it from receiving any type of
dedicated funding for its physical security needs from the State Departments Overseas Building Office [OBO], the office responsible for funding security measures. 3
The December 27, 2011 Action Memorandum, approved by Kennedy,
outlining the future operations of the Benghazi Mission for another year
would have been an appropriate place to address the funding limitations
within the OBO; and to designate a funding source to ensure the Benghazi Missions security needs were met in 2012. 4 The Action Memorandums failure to address the issue forced nontraditional funding sources
to be identified, with quick turnaround, in order to respond to Benghazi
Missions basic security needs. 5
Gentry O. Smith, the Deputy Assistant Secretary of State for Countermeasures, Bureau of Diplomatic Security, testified funding was never an
issue for physical security. 6 Nevertheless, on January 12, 2012, the phys2
Testimony of Patrick F. Kennedy, Under Secy for Management, U.S. Dept of State,
Tr. at 18 (Feb. 3, 2016) [hereinafter Kennedy Testimony] (on file with the Committee).
3
Summary of group interview with Physical Security Specialist and others (on file with
the Committee, SCB0046921) (OBO is precluded from funding upgrades to short term
leases, so it did not fund upgrades in Benghazi.).
4
Memorandum from Jeffrey D. Feltman, Asst Secy for Near Eastern Affairs, U.S.
Dept of State, to Patrick F. Kennedy, Under Secy for Management, U.S. Dept of State
(Dec. 27, 2011) (on file with the Committee, C05261557).
5
Summary of group interview with Physical Security Specialist and others (on file with
the Committee, SCB 0046922)(nontraditional DS funding was identified for Benghazi.). See also Testimony of Diplomatic Security Agent, Diplomatic Security Service,
U.S. Dept of State, Tr. at 80 (April 2, 2015) [hereinafter Diplomatic Security Agent 10
Testimony] (on file with the Committee) (In terms of funding issues for programmatic
stuff and security upgrades, you're not going to get the money because Pat Kennedy
hasn't given you guys any money. So there's no money at all that exists for the security
budget for Benghazi. Every single penny you get we have to take from some other operational budget from some other office somewhere.).
6
Testimony of Gentry O. Smith, Deputy Asst Secy of State, Bureau of Diplomatic Security, Countermeasures, U.S. Dept of State, Tr. at 76 (Feb. 25, 2016) [hereinafter Smith
Testimony] (on file with the Committee).
Q: Let me ask you this. As the DAS for Countermeasures, were you concerned
about the ability to fund sufficiently the physical security measures needed to
secure the facility?
A: It had not become an issue for me yet at that time, based on, as we spoke of
in the first hour, the sources that were providing funds for the operation, particularly from the physical security side. You had Physical Security Programs,
you had International Programs, you had OBO, and then you had the regional
bureau as well.
F-3
Q: You said it had not been a concern at that time. Did it ever, did funding for
physical security upgrades ever become an issue for you or a concern of yours?
A: No.
7
Email from Physical Security Specialist, Physical Security Programs, Bureau of Diplomatic Security, U.S. Dept of State (Jan. 12, 2012 6:29 AM) (on file with the Committee,
C05397166).
8
Id.
9
Email from Physical Security Specialist, Physical Security Programs, Bureau of Diplomatic Security, U.S. Dept of State, to Diplomatic Security Agent 24, U.S. Dept of State,
et al. (Feb. 15, 2012 2:39 PM) (on file with the Committee, SCB0048394).
10
Diplomatic Security Agent 10 Testimony at 27.
11
Testimony of Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of
State, Tr. at 24 (Apr. 9, 2015) [hereinafter Diplomatic Security Agent 12 Testimony] (on
file with the Committee).
F-4
Further complicating the funding issue was the fact that Benghazi was a
cash economy. Diplomatic Security Agents on the ground told the Committee it was a cash economy at the time, so that money had to get to us
before we could identify contractors and work to be under way. 12 Yet,
even getting the money to Libya was a problem. State Department officials indicated: [s]ince it [Benghazi] was not a post, it had no formal
designation in Department systems, and no electronic way to get the fund
transfers. 13
Technical Equipment
The security challenges at the Mission compound were not limited to the
rudimentary security measures that were being requested by the Diplomatic Security Agents or the challenges with funding the requests. The
Benghazi Mission was constantly requesting assistance with routine
items such as door locks, monitors, batteries, radios, and cameras.14
More often than not the Benghazi Mission sought help fixing constant
equipment malfunctions.
The challenges with finding, installing, and fixing the equipment were
exacerbated by the fact it could not be done locally. 15 The Benghazi Mission was dependent on the Cairo engineering center [which had] responsibility for US Missions in Libya. 16 When the U.S. Embassy in
Cairo was not available, other embassies, such as Frankfurt, augment[ed] the Cairo team. 17 Thus, notwithstanding the logistics of getting into Benghazi, the Benghazi Mission was subject to the U.S. Embassy in Cairos schedule as well as that of other embassies. For example, in
early January 2012, Benghazi Mission personnel requested the assistance
of the Electrical Security Officer [ESO] in Cairo to, among other things,
12
Id. at 21.
Summary of group interview with Physical Security Specialist and others (on file with
the Committee, SCB 0046921).
14
Email from Principal Officer 3, U.S. Dept of State, to Principal Officer 4, U.S. Dept
of State (Aug. 29, 2012, 6:01 AM) (on file with the Committee, C05390852).
15
Testimony of Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of
State, Tr. at 46 (Mar. 12, 2015) [Hereinafter Diplomatic Security Agent 15 Testimony]
(on file with the Committee) (I was asking for things that were not just readily available
in Benghazi. And it wasn't I could go to the drop arm store. There wasn't one. So they
would have to be locally procured and then put together.).
16
Email from Regional Dir. for Security Engineering, Cairo, Egypt, U.S. Dept of State,
to Travel Specialist, Cairo, Egypt, U.S. Dept of State, and Security Engineering Officer,
U.S. Dept of State (Jun. 11, 2012 12:00 PM) (on file with the Committee, C05392482).
17
Id.
13
F-5
18
Email from Information Management Officer, U.S. Dept of State, to Diplomatic Security Agent 15 (Jan. 11, 2012, 10:28 AM) (on file with the Committee, C05392732).
19
Email from Diplomatic Security Agent 15 to Diplomatic Security Agent 24 (Jan. 31,
2012 7:32AM) (on file with the Committee, C05410045).
20
Email from Information Management Officer, U.S. Dept of State (Feb. 1, 2012 4:08
AM) (on file with the Committee, C05395451).
21
See id.
22
Email to Deputy Ex. Dir., Bureau of Near Eastern Affairs, U.S. Dept of State (Feb. 21,
2012 2:09 PM) (on file with the Committee, C05393043).
23
Email from Diplomatic Security Agent 17 to Diplomatic Security Agent 24 (Apr. 21,
2012 10:20 AM) (on file with the Committee, C05409948).
F-6
bungalow, and locks for doors. Finally, the Benghazi Mission needed
help relocating its lighting around the perimeter.24
In June 2012, the second IED attack on the Mission compound damaged
not only the perimeter wall but also cameras and the secondary metal
detector. The Benghazi Mission sought help from the U.S. Embassy in
Cairo to fix the damage but also sought help with the installation of additional cameras to strengthen security. 25 Three weeks later, power surges
in Benghazi damaged the voltage regulator and 220-110V transformer,
shutting all of the Benghazi Missions technical equipment down and
necessitating the need for technical help from Cairo again. 26 Because the
U.S Embassy in Cairo couldnt make the trip, the post in Frankfurt Germany sent personnel and equipment to make the necessary repairs. 27
Later, in August 2012, the Benghazi Mission sought the assistance of
Cairo to fix additional malfunctioning equipment, including: seeking a
new Immediate Distress Notification System [IDNS], old pendants for
the current IDNS system, camera and monitors for its technical operations center and Villa Safe Haven, additional cameras with visibility outside the compound walls, upgraded critical cameras for night vision,
louder IDNS system and a hardened [technical operations center] TOC
door. 28
The constant malfunctions frustrated personnel on the ground. 29 In his
turnover notes, the departing principal officer in Benghazi told his replacement: [t]he tendency has been to conduct triage in the interim. We
are, for example, on the fourth visit from an Embassy electrician of my
brief tenure because we continue to repair rather than replace equipment. 30
24
Id.
Email from Diplomatic Security Agent 19 to Security Engineering Officer, U.S. Dept
of State (Jun. 6, 2012, 5:07 PM) (on file with the Committee, C05392482).
26
Id.
27
Email from Information Management Officer, U.S. Dept of State, to Security Engineering Officer, U.S. Dept of State (Jun. 25, 2012, 9:23 AM) (on file with the Committee, C05392482).
28
Email from Diplomatic Security Agent 26 to Security Engineering Officer, U.S. Dept
of State (Aug. 6, 2012 2:58 PM) (on file with the Committee, C05390265).
29
See email from Principal Officer 3, U.S. Dept of State, to Principal Officer 4, U.S.
Dept of State (Aug. 29, 2012 6:01 AM) (on file with the Committee, C05390852).
30
Id.
25
F-7
On August 23, 2012, the Benghazi Mission requested additional technical equipment to help secure the compound. The request included an
expert to analyze the loss of exterior lighting, new IDNS panel and pendants, weapons cabinet, better personal tracking device software, disintegrator if post increases its footprint, belt-fed crew-served weapon with
bi-pod, CS gas canisters, badging machine, computer program to make
access requests and computer at the guard house to view the approved
access requests, an additional itemizer and an alarm system for the office
villa. 31
Protective Equipment
The Benghazi Mission was constantly securing adequate supplies of protective equipment for personnel in 2012. For example, on January 24,
2012, the lead Diplomatic Security Agent on the ground requested additional helmets, vests and [e]scape hoods after an insufficient number
were sent to the Benghazi Mission. 32 The U.S. Embassy in Tripoli
acknowledged it mixed up the Benghazi Missions request for the
equipment. 33 In sending the protective equipment to Benghazi, the U.S.
Embassy in Tripoli stated: Its not exactly what you asked for but is
what we could get together to get up to you.34
In early February 2012, the Benghazi Mission requested ballistic vests,
ballistic plates, complete personal medical kit, radio wires with pig tail,
low profile holster, magazine pouches, low profile chest vest, individual
GPS, flashlight, strobe, multi-tool, camel pak hydration system, and go
bags. 35 With one Diplomatic Security Agent arriving without luggage
and protective equipment in Benghazi, the Mission was concerned future
Diplomatic Security Agents would also arrive without their personal protective gear. Further prompting the request was an incident that occurred
on the compound while the Diplomatic Security Agent was without his
31
Email from Diplomatic Security Agent 8 to Diplomatic Security Agent 23 (Aug. 23,
2012 2:44 PM) (on file with the Committee, C05390126-C05390127).
32
Email from Diplomatic Security Agent 15 to Diplomatic Security Agent 25 (Jan. 24,
2012 9:38PM) (on file with the Committee, C05393735).
33
Email to Diplomatic Security Agent 15 (Jan. 29, 2012 1:56 PM) (on file with the
Committee, C05412863).
34
Id. (It is not exactly what you asked for but is what we could get together to get up to
you. We believe the original order that was made is mixed in with the commo [sic]
equipment that needs to get up to you. Well have to open the crates to see if your original order is included.).
35
Email from Agent 12 to Agent 25 (Feb. 5, 2012 6:42 AM) (on file with the Committee,
C05394222).
F-8
Email from Diplomatic Security Agent 25 (Feb. 14, 2012, 8:54 AM) (on file with the
Committee, C05393444).
37
See Id.
38
Email to Diplomatic Security Agent 25 (Mar. 5, 2012 11:27 AM) (on file with the
Committee, C05393444).
39
Email from Diplomatic Security Agent 19 to Diplomatic Security Agent 24 (Jun. 24,
2012 11:28 AM) (on file with the Committee, C05411697).
40
Email from Agent 24 to Agent 19, (Jun. 24, 2012) (on file with the Committee,
C05411697).
41
Testimony of Diplomatic Security Agent, Libya Desk Officer, U.S. Dept of State, Tr.
at 17 (Aug. 8, 2013) [hereinafter Diplomatic Security Agent 25 Testimony] (on file with
the Committee) ([A]t the time it was Acting Regional Director to come to that number. I don't know specifically what was his thinking on the matter, but I know in the
summer of 2011 they were down to five agents for several months, so that was the in
Benghazi that was the lowest number that was on the ground in Benghazi that I'm aware
of at that time timeframe prior to December of 2012.).
42
See Department of State, Accountability Review Board for Benghazi Attack of September 2012, December 19, 2012, at 31.
F-9
compound during the first IED attack on April 6, 2012. The Benghazi
Mission did not have five Diplomatic Security Agents on the compound
during the second IED attack. The Benghazi Mission did not have five
Diplomatic Security Agents at the time Ambassador Stevens arrived at
the Mission compound on September 10, 2012.
PROTECTIVE DETAILOFFICE OF DIGNITARY PROTECTION
Because of the Defense Departments no boots on the ground policy,
military security assets were only available in emergency circumstances. 43 Hence, only State Department Diplomatic Security Agents traveled
with J. Christopher Stevens, U.S. Representative to the Transitional National Council [TNC] and his team into Benghazi. The Diplomatic Security Agents accompanying Stevens and his team needed certain skills for
the Benghazi Mission in order to conduct protective security functions. 44 The Diplomatic Security Agent in charge of Stevens protective
detail described the qualifications of his team.
A: I think it was pretty much people were selected because of
their skill sets. You know, they spent, they spent time to make
sure they had the right team makeup. And, for example, my shift
leader , he had, I would estimate he had been on Diplomatic
Security for eight years. He had some advanced training on a
mobile training team where they it's a tactical team that the State
Department has. He was on that team, and they trained for like
nine months.
Q: Is that known as the MSD [mobile security deployment]?
A: MSD.
Q: Okay.
A: And anybody else on the team either had prior military experience, which I think all but two had prior military experience,
and they had all gone through the State Department's high threat
training.
43
Benghazi Party Ops Plan (March 30, 2011)(on file with the Committee,
SCB0095930)(DOD provide QRF for security and medical extraction).
44
See Action Memorandum For DSS Director Jeffrey W. Culver (June 30, 2011)(on file
with the Committee, C05579256).
F-10
Q: Okay.
A: As I recall.
Q: Okay. And you had too?
A: Yes.
Q: To your knowledge, was that a requirement that everyone
have this high threat tactical course prior to going?
A: I think that was a requirement as far as the boss' thought when
they were trying to put the team together, you know, that they
wanted people to have that experience.45
Two additional Diplomatic Security Agents traveled to Benghazi in late
April 2011 to augment the Stevens protective detail. The two additional
Diplomatic Security Agents brought the total number of Agents to ten. 46
The Diplomatic Security Agents assigned to the Stevens protective detail served in temporary capacities contingent on the Missions duration. 47 When senior State Department officials made the decision to extend Stevens Mission in Benghazi beyond the initial 30-day mark, the
next Diplomatic Security Agent team rotated in for another 30-45 days. 48
The incoming Diplomatic Security Agent in charge described the process: The first team that went in, the Dignitary Protection team that
went in, it was a 30-day Mission, and they were in need of an agent in
45
F-11
charge to go in and take over from that agent in charge and to continue
on the Mission. 49
The number of Diplomatic Security Agents dropped from ten to five
when Stevens and his team were forced to leave the Tibesti Hotel and
find other accommodations. When Stevens and his team relocated to Villas A, B, and C in early August 2011, additional Diplomatic Security
Agents were needed again to secure the 13 acre compound. The Diplomatic Security Agent in charge informed Washington D.C.:
[m]ore agents required: Between the three compounds, were
looking at roughly 15 acres of property to secure. This will require additional SAs (up to five more) by early to mid-August.
For REACT purposes, teams of agents will reside on all three
compounds. Once resources permit, RSO TOC will be staffed
24/7. 50
By mid-September, the Mission had increased back to 10 bodies [DS
agents] on compound. 51
SHIFT IN SECURITY POSTURE
FROM A PROTECTIVE DETAIL TO A QUASI- RSO PROGRAM
By mid-September 2011, efforts were also under way to restart operations at the U.S. Embassy in Tripoli. Predictably, resources and personnel shifted away from the Mission in Benghazi back to the U.S. Embassy
in Tripoli. 52 This precipitated a number of conversations about the Benghazi Missions future. At the time the U.S. Embassy in Tripoli restarted
operations, the Benghazi Missions security posture changed from that of
a protective detail to a regional security officer [RSO] program, a program similar to those implemented in embassies and official posts locat49
Id. at 25.
Email Diplomatic Security Agent to DS-IP-NEA (Jul. 21, 2011, 3:22 PM) (on file with
the Committee, C05396529).
51
Testimony of Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of
State, Tr. at 24 (May 21, 2015) [hereinafter Diplomatic Security Agent 13 Testimony]
(on file with the Committee).
52
See email from Joan A. Polaschik, Deputy Chief of Mission in Libya, U.S. Dept of
State, to John C. Stevens, U.S. Representative to Transitional National Council, William
V. Roebuck, Dir. Office of Maghreb Affairs, Bureau of Near Eastern Affairs, U.S. Dept
of State, Post Management Officer for Libya, Bureau of Near Eastern Affairs (Sept. 18,
2011, 11:54 AM)(on file with the Committee, C05395962)(stating and when can we get
. . . here).
50
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53
54
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There it was a little different because you had different I'll say
tribal, for lack of a better term. But you had different groups
there and sects that you were trying to figure out who were
friendly and who weren't.
And, I mean, for all intents and purposes, we thought everybody
was friendly at that time. But, from my perspective, we didn't
want to befriend one group versus somebody else without you
know, we didn't want to cause an international incident.
At the time, 17 Feb. had already stepped up and said that they
were going to be the point people for diplomatic interests or security purposes under this function.
So my interest while I was there was trying to plus that contingent up because knowing they only had a local guard force contingent of 10 people or 12 or whatever it was, unarmed and poorly equipped and poorly trained, I wanted at least some firepower.
At least I could put them to at least have a presence.
But we only had three at the time. So I was trying to befriend
them, trying to get more activity, more interest, additional bodies, because three bodies on 24/7 is long days, long weeks. 55
The change in security posture together with the reopening of the U.S.
Embassy in Tripoli left the Diplomatic Security Agents on the ground
uncertain about their future in Benghazi and their ability to do their jobs.
The Diplomatic Security Agent in charge in September testified:
As we downsized to a lesser number, it's more difficult to run,
keep up with the off tempo. That's where the 10 bodies kind of
helped because, with additional bodies there, I could farm them
out to support USAID interests or the MANPAD guy or and
what have you. But as you start reducing those resources, then
you have to prioritize your Missions. 56
55
56
Id. at 43-44.
Id. at 32.
F-14
***
[W]e were still in this situation where we didn't know how long
Benghazi was going to be. Tripoli was kicking off. And so there
was a lot of interest in supporting that. So we were trying to figure out or headquarters was trying to figure out where to prioritize our deficiencies, if you want to call it that. So no one knows.
I mean, we were planning for the worst, phasing people out and
trying to figure out how best to support the Mission there. If I
remember correctly, with the Embassy being opened it opened
towards the latter part of my tenure there. So the Envoy lost his,
quote unquote, status because there was now an Ambassador in
country . I think they were going to bring in a political officer,
probably my rank. I'm pretty sure he was my rank. He was going
to be the foothold there in Benghazi for the short term, but no
one knew how long. 57
As Stevens closed out his time in Benghazi, the number of Diplomatic
Security Agents assigned to secure the Benghazi Mission continued to
decrease. By the end of October 2011 the number of Diplomatic Security
Agents assigned to secure the Benghazi Mission decreased to six. 58 By
the end of November 2011, as Stevens was departing, the number of
Diplomatic Security Agents assigned to the Benghazi Mission was expected to drop to three. 59
Diplomatic Security personnel responsible for staffing overseas posts
including Benghazi recognized early on the problems associated with
finding Diplomatic Security Agents available to serve in Benghazi. With
a protective detail, the Diplomatic Security Command Center could direct Diplomatic Security Agents to serve on a temporary basis. Under a
57
Id. at 33-34.
See id. at 72. See also Memorandum from Regional Director, Bureau of Diplomatic
Security, U.S. Dept of State, to Charlene Lamb, Deputy Asst Secy of State, Bureau of
Diplomatic Security, Intl Programs, U.S. Dept of State (Oct. 24, 2011) (on file with the
Committee, C05391928).
59
Memorandum from Regional Director, Bureau of Diplomatic Security, U.S. Dept of
State to Charlene Lamb, Deputy Asst Secy of State, Bureau of Diplomatic Security,
Intl Programs, U.S. Dept of State (Oct. 24, 2011) (on file with the Committee,
C05391928).
58
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60
Id.
Diplomatic Security Agent 25 Testimony at 18-19.
62
Id.
63
Memorandum from Regional Dir., Bureau of Diplomatic Security, U.S. Dept of State,
to Charlene Lamb, Deputy Asst Secy of State, Bureau of Diplomatic Security, U.S.
Dept of State (Oct. 24, 2011) (on file with the Committee, C05391928).
61
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been done previously. 64 When asked by the Committee whether the October 24, 2011 Action Memorandum was approved, Lamb testified:
I had actually requested that they draft this memo because it's
very easy for people to take for granted when there's a need for
TDY people, they don't take the budget into consideration. And
when we don't have full time positions authorized, this TDY
money is coming out of the international program's budget. And
at $9,000 per agent for 45 days on a continual basis for a year,
this money adds up very, very quickly and depletes the budget
that I have for worldwide TDY assignments. So I wanted this to
be documented and I wanted to be able to forward this forward
and to go to the DS budget people to make sure that we had appropriate funding, and that they knew we were going to need additional funding, should this TDY status continue for a long period of time. 65
***
I'll be honest, there were so many operational things going on,
my intent with this memo was to get this into the hands of the
budget people and to have the budget people work together to
come up with a solution to get the money that was needed. 66
***
We never ran we never ran out of money to the point where we
said, okay, we can't send anybody else, there's no more money.
We never went anti deficient with funding. So the Department,
collectively, between DS, financial personnel, and the Department, we were always funded for these types of posts. 67
When asked by the Committee directly whether funding was approved
for five, 45-day assistant regional security officer [ARSO] TDYs in Benghazi, Lamb testified: yes. 68 However, the October 24, 2011 Action
64
Id.
Testimony of Charlene Lamb, Deputy Asst Secy for Diplomatic Security, U.S. Dept
of State, Tr. at 77-78 (Jan. 7, 2016) [hereinafter Lamb Testimony] (on file with the
Committee).
66
Id. at 92.
67
Id. at 92-93.
68
Id at 93.
65
F-17
Q: But, specifically, this request for $47,000, do you recall whether that was
approved?
A: Yes.
Q: That was approved?
A: It would yes.
69
Memorandum from Regional Dir., Bureau of Diplomatic Security, U. S. Dept of State,
to Charlene Lamb, Deputy Asst Secy, Bureau of Diplomatic Security, U.S. Dept of
State (Oct. 24, 2011) (on file with the Committee, C05391928).
F-18
70
F-19
agents. And that would have been around January 4th or 5th or
so, we would go down to zero agents. 73
The principal officer who replaced Stevens also alerted Washington D.C.
about the impact of the shortages in Diplomatic Security Agents in December 2011. He wrote:
[o]n a much more serious matter, something I flagged for Bill
[Roebuck] yesterday on the phone, but pledged to send the details. Were going to be short on the RSO end of things from December 19 through the end of the year. During that period, we
will be down to just 2 A/RSs or the practical equivalent thereof
.
What this all means is that all non-DS TDYs to Benghazi should
be discouraged through the end of the year for sure (and were
still pretty limited the first week of January as the new folks get
spun up), as even the basic movements are going to overextend
us .
We are a little too close to being down to a single agent here if
arrival dates (or visa issuance?) slips to the right and if were
going to need to extend anyone here (one of whom has already
done so), we need to get that sorted out sooner rather than later.
Also, its a little curious to hear about DS intensions to staff
Benghazi with a RSO and 4 A/RSOs, while at this rate, we wont
hit that target during my first two months here.74
At the time Benghazi Mission was experiencing shortages in Diplomatic
Security Agents, the December 27, 2011 Action Memorandum was being
circulated for approval. The Action Memorandum acknowledged Diplomatic Securitys current presence consists of two Special Agents, with
an additional three slots currently unfilled and attributed the unfilled
slots to budget constraints and the reduced footprint. 75 The Action
73
Id.
Email from Principal Officer 1, U.S. Dept of State, to Post Management Officer for
Libya, Bureau of Near Eastern Affairs, U.S. Dept of State (Dec. 15, 2011, 1:11 PM) (on
file with the Committee, C05391603).
75
Action Memorandum from Jeffrey Feltman, Asst Secy of State for Near Eastern Affairs, U.S. Dept of State, to Patrick F. Kennedy, Under Secy for Mgmt., U.S. Dept of
State (Dec. 27, 2011) (on file with the Committee, C05261557).
74
F-20
76
See id. See also Diplomatic Security Agent 25 Testimony at 17 (at the time it was
Action Regional Director to come to that number. I dont know specifically what his
thinking on the matter, but I know in the summer of 2011 they were down to five agents
for several months, so that was thein Benghazithat was the lowest number that was
on the ground that Im aware of at that time timeframe prior to December of 2012
[sic].).
77
Kennedy Testimony at 301.
78
Id. at 302.
79
Lamb Testimony at 224.
80
Email from Diplomatic Security Agent 15 to Diplomatic Security Agent 12 (Jan. 27,
2012, 11:10 AM) (on file with the Committee, C05411094). (U/S Kennedy stated there
should be 5 agents here and I agree.).
F-21
dum was silent on a funding solution. 81 The Bureau of Diplomatic Security cleared the December 27, 2011 Action Memorandum with the
comment that this operation continues to be an unfunded mandate and a
drain on personnel resources. 82 Neither Smith whose office was responsible for ensuring security standards and adequate physical security
measures were in place at the Benghazi Mission and who cleared the Action Memorandum for Diplomatic Security, nor Lamb whose office was
responsible for staffing had any recollection of why the comment was
made. 83
REQUESTS FOR ADDITIONAL
DIPLOMATIC SECURITY AGENTS
Concerns about Diplomatic Security Agent staffing shortages going into
2012 precipitated another Action Memorandum for Lambs approval. 84
The January 10, 2012 Action Memorandum highlighted Diplomatic Securitys responsibilities under the December 27, 2011 Action Memorandum to provide five Diplomatic Security Agents for Benghazi and recognized the Offices inability to identify, seek necessary approvals and
obtain the required visa approvals for this many agents on a continuing
basis. 85 The January 10, 2012 Action Memorandum requested Lamb
approve efforts to:
request assistance from Domestic Operations, so that personnel
can be selected and directed from the Field Offices by the DS
Command Center as well as authorize funding for five, 45 day
ARSO [assistant regional security officer] TDYs [temporary du81
Action Memorandum from Jeffrey Feltman, Asst Secy of State for Near Eastern Affairs, U.S. Dept of State, to Patrick F. Kennedy, Under Secy for Mgmt., U.S. Dept of
State (Dec. 27, 2011) (on file with the Committee, C05261557).
82
Email from Special Asst to the Asst Secy for Diplomatic Security, Bureau of Diplomatic Security, U.S. Dept of State, to Post Management Officer, Bureau of Near Eastern
Affairs, U.S. Dept of State (Dec. 23, 2011, 3:27 PM) (on file with the Committee,
C05578953).
83
Lamb Transcript at 221 (I did not see [the Action Memorandum] until after the event
in Benghazi.). See also Smith Testimony at 75 ([I]t didn't come from Countermeasures,
it would not have been solely for physical security.).
84
Email from Diplomatic Security Agent 25 to Principal Officer 1, U.S. Dept of State
(Jan. 13, 2012, 10:05 PM) (on file with the Committee, C05411094) (We have submitted an Action Memorandum that if approved should significantly improve our ability to
identify and obtain approvals for staffing Benghazi.); Action Memorandum for DAS
Charlene Lamb (January 10, 2012) (on file with the Committee, C05578986).
85
Id.
F-22
ty] in Benghazi from Feb.1 through September 30 at a total estimated cost of $283,050. 86
The January 10, 2012 Action Memorandum was never approved. 87
Without a mechanism to identify a constant pool of Diplomatic Security
Agents to serve in Benghazi, the Mission continued to experience shortages. The principal officers on the ground expressed concern back to
Washington D.C. about the impact the Diplomatic Security Agent staffing shortages was having on the security of the compound, in addition to
their reporting obligations. 88 Moreover, the principal officers were concerned about the vulnerabilities created by the shortages in relation to the
overall security environment in Benghazi. For example, the principal
officer was concerned only two Diplomatic Security Agents were scheduled to be at the compound during the upcoming February 17th anniversary. 89 With no option available within Diplomatic Security, members of
the Defense Departments SST who were currently deployed to the U.S.
Embassy in Tripoli offered to travel to Benghazi to address the Diplomatic Security Agent shortage. 90 SST agents deployed to the Benghazi
86
Id.
See Testimony of James Bacigalupo, Regional Dir. of Near Eastern Affairs Bureau,
Diplomatic Security, U.S. Dept of State, Tr. at 17-18 (Sept. 4, 2013) (on file with the
Committee).
A: I believe it was January, maybe December/January timeframe we had talked
about it in the office, and I think I was out on leave because my deputy I had
seen a document that my deputy had sent up to Director Lamb, to DAS Lamb
requesting we use the system that they use domestically to direct a certain
number of agents from the field offices for assignments. We use that on protection. And we sent the memo up suggesting maybe we could use this mechanism
for overseas.
Q: Specifically for Libya or
A: It was specifically for Libya.
Q: And do you know what happened to that memo?
A: It was never signed off on.
88
See email from Principal Officer 5, U.S. Dept of State, to U.S. Embassy in Tripoli, et
al. (Feb. 11, 2012, 5:29 PM) (on file with the Committee, C05409829). See also email
from Principal Officer 1 to Diplomatic Security Agent 25 (Jan. 17, 2012, 8:38 AM) (on
file with the Committee, C05411094).
89
See id.
90
Email from Diplomatic Security Agent 24 to Joan Polaschik, Deputy Chief of Mission
in Libya (Feb. 6, 2012, 11:05 AM) (on file with the Committee, C05411434) (From DS
HQ (DAS Lamb and MSD Director) has indicated, they are not in favor of pulling MSD
out of Tripoli to support from Benghazi and from what I understand they are keeping the
staffing in Benghazi at 3-4 agents. DS HQ continues to complain about Benghazi being
an unfunded mandate and there are no agents or funds to support it, so I doubt anything is
87
F-23
going to change unless the status of Benghazi is formalized. SST has indicated that they
would be willing to support.).
91
See Benghazi DS and SST TDY staffing for Jan. 2012September 11 (on file with the
Committee, C0539433).
92
Testimony of Post Management Officer for Libya, Bureau of Near Eastern Affairs,
U.S. Dept of State, Tr. at 165-166 (Jul. 23, 2015) [hereinafter Post Management Officer
Testimony] (on file with the Committee).
F-24
Q: How did you I mean, you said she made it clear. How did that
become clear to you that was her position?
A: I don't specifically remember. I believe the on or about February 16th we were preparing for DCM from Tripoli to come in
for a meeting on security related issues, and at that time I specifically recall the conversation about the number of agents in Benghazi. So that's the last thing I can recall specifically?
Q: Can you elaborate on that conversation?
A: Certainly. While discussing RSO staffing in Libya, the topic
came up in Benghazi, and DAS Lamb became aware of the fact
that two of the agents were essentially excuse me their primary
duty was driving the movement team vehicle. And traditionally
overseas posts, the vast majority of them, their drivers are provided by the post. They're locally engaged staff drivers. So she
wanted to alleviate that program or that duty, so to speak, in her
mind. That was one of the factors. There could have been more.
That was the factors that she made known to me and my superiors. 93
The policy change was not communicated to the Diplomatic Security
Agents on the ground or other State Department personnel who nonetheless believed five Diplomatic Security Agents were needed to adequately
secure the Benghazi Mission. For example, the lead Diplomatic Security
Agent in Benghazi at the time wrote:
Ive enjoyed four agents for six days now and its been a treat to
allow agents to properly turnover programs with one another.
Well be back down to three tomorrow and then 2 on March 21
Having been here for six weeks now, Ive had to deal with
two Principal Officers who expect five DS agents to accommodate their travel, maintain the security integrity (and programs)
on the compound. 94
Further to same, on March 28, 2012, Embassy Tripoli made a request on
behalf of Benghazi for five TDY Diplomatic Security agents for 45-60
day rotations in Benghazi. Advocating for the Benghazi Mission, Gene
93
94
F-25
F-26
Thus, the pool of Diplomatic Security Agents available to serve was further limited. The desk officer in charge of staffing in Benghazi described
the problem with the Libyan visa system:
When they first initiated it, it was a surprise to us, we weren't
aware it was going to happen. So basically you went from airport
visas where you just kind of show up and was having to see if
you had the right passport and you get stamped. And then you go
to a visa process where they weren't quite ready yet, this end in
at the Embassy to issue visas. So it was very confusing. They
didn't have their process down. The bureaucracy wasn't working
too well in their Ministry of Foreign Affairs, we call it the MFA,
and back here in Washington. And that was in the December
2011 timeframe.
That kind of got sorted out in the early January 2012 timeframe
and it did that way the process at least, it would take 2 or 3
weeks, but as long as we know the process, we can usually work
around it.
And then it collapsed again in that end of March/April
timeframe, and that one was pretty significant. That one was
much longer, and it was difficult, and they were essentially, to
my knowledge, they were changing from a they were using
stamps before. This is probably too much detail for you guys, but
and then they went to foils, and they didn't have the foils, so they
had to get the foils, no one had the foils. I mean, it was convoluted. .. .
It actually got longer after the foil issue was resolved. So it was
probably it usually took me about 6 weeks to get from identified
to out there, and 4 weeks of that would be about for the visa process. I tried to get the visas in 1 month before the departure date,
and that was standard until basically 9/11.99
The visa delays prevented two Diplomatic Security Agents from traveling to the Benghazi Mission in late March and early April. 100 As a result,
the clerk told me that there was no way of telling when (or if) it will be up at any point in
the future. It is being worked on is what I was told.).
99
Diplomatic Security Agent 25 Testimony at 34-35.
100
See email from Diplomatic Security Agent 25 (Apr. 7, 2012, 2:56 PM) (on file with
the Committee, C05392858).
F-27
only one Diplomatic Security Agent was on the compound at the time of
the first IED attack. 101 On April 6, 2012, an IED was thrown over the
perimeter wall at 1650 EDT/2250 Benghazi. 102 The single Diplomatic
Security Agent described the sequence of events to the Committee:
Shortly after I went inside, I know the principal officer and the
IMO had already retired. I was sitting there, and I just turned on
the TV, and I heard a very loud explosion. And, as I told you before, you heard explosions throughout, but you would know by
the force of this explosion, not only the noise but also the way it
rocked the building, I knew that it was inside the compound.
At that point, I was sitting in the living room. I had my weapons
with me. I did not have my vest. I ran into my bedroom, grabbed
my vest. I spoke to the IMO and to the principal officer. I instructed them to allow me out, lock themselves lock the door and
lock themselves in the safe haven. I had an extra pistol and an
extra shotgun. I left it there for them. I left two radios. One that
is communication for them and me and communications for
them and the Annex building. I told them that I would be constant contact with them on the radio or on the phone; if they did
not hear from me, then to contact the Annex building for assistance.
I also called our QRF [quick reaction force], basically reacted
them. We had a plan: On a situation like that, they would take up
positions throughout the compound. One of the positions would
be outside of our building. As I stepped outside, one of the QRF
members was already out there waiting for me. This is possibly,
I don't know, 3 minutes after the bombing.
At some point, the guard finally activated the alarm. Our guard
force had a push button alarm; in case of any attack, they would
activate it. As I step outside, the QRF member is there. We
cleared our way to the TOC. Went inside the TOC [technical operations center]. I turn off the alarm, and I use our camera system
to view or to try to determine if there was any other people, any
101
See email from Diplomatic Security Agent 24 to Principal Officer 2, U.S. Dept of
State, and Deputy Dir. Office of Maghreb Affairs, Bureau of Near Eastern Affairs, U.S.
Dept of State (Apr. 7, 2012, 9:10 AM) (on file with the Committee, C05409502).
102
Email (Apr. 6, 2012, 8:28 PM) (on file with the Committee, C05409502).
F-28
F-29
At that time, all QRF members and myself cleared the whole
compound. It took us several hours to do so. We did not find evidence of any other intruders, attackers, enemy on the grounds. I
went back inside, and I briefed the principal officer as to what
had taken place. She and I then commenced our notifications to
D.C. and our report writing. 103
The principal officer in Benghazi expressed concern to the lead Diplomatic Security Agent in Tripoli had the attack been even slightly less
amateur, I dont know what we would have done. 104
Less than two weeks after the first IED attack on the Benghazi Mission
compound occurred, Washington D.C. rejected the March 28, 2012 request to deploy five Diplomatic Security Agents to Benghazi. 105 In denying the request, Washington D.C. stated:
DS will continue to provide DS agent support in Benghazi.
DS/IP recommends that post continues its efforts to hire LES
drivers for Benghazi to enable the DS TDYers to solely perform
their protective security function. DS/IP also recommends a joint
assessment of the number of DS agents requested for Benghazi
to include input from RSO Tripoli, TDY RSO Benghazi, and
DS/IP in an effort to develop a way forward.106
Throughout the remainder of spring 2012, the number of Diplomatic Security Agents deployed to the compound never exceeded three. 107 Half
the time, there were only two Diplomatic Security Agents. 108 During this
time, the security environment in Benghazi started to deteriorate. Less
than one week before Stevens returned to Tripoli as the Ambassador in
May 2012, a rocket propelled grenade [RPG] attack occurred on the In-
103
F-30
109
Email from Diplomatic Security Agent 24 to Diplomatic Security Agent 25 (June 14,
2012, 1:56 PM)( on file with the Committee, C05391830).
110
Email from Diplomatic Security Agent 18 to Diplomatic Security Agent 17 (May 28,
2012, 5:36 AM) (on file with the Committee, C05392202).
111
Testimony of Principal Officer 2, U.S. Dept of State, Tr. at 109 (Mar. 13, 2015)
[hereinafter Principal Officer 2 Testimony] (on file with the Committee).
F-31
the hole in the wall and wait for any follow up attack that may
occur. And that was the
And no follow up attack did occur, so after that the February
17th Martyrs Brigade showed up in a matter of minutes. Then
from there we set up a perimeter outside on the street. As we had
this large hole in our wall, we wanted to push our security perimeter back even further. We set up the large hole I mean set up
the perimeter, sorry; and then from there, once that perimeter
was set up, I went with one of our QRF guys
And we went there and
secured the rest of the compound.
As there was a security incident at the front of our compound,
we had lost attention and lost visibility on other aspects of our
compound. So, before we decided to let the principal officer out
of the safe haven and call the all clear, we went through, me with
my M4, him with his AK-47, and we just moved through the
compound making sure nobody else had entered and there were
no other devices. After that was done, we called the all clear.112
Two days after the second attack on the compound the number of Diplomatic Security Agents dropped to two. 113 Five days later, on June 11,
2012, an RPG attack was launched on the UK Ambassadors motorcade.
Some speculated the RPG was directed toward the Mission given the
proximity of the attack to the Mission compound. Polaschik testified:
A: There were two main reasons. One was the physical location
of the attack. It occurred, I believe, on Venezia Street, which is
right by our compound. And it was actually, as I understood it,
not having been there at the time of the attack, close by our rear
exit from our compound. And, also, given the fact that we had
been storing British armored vehicles on our compound, again, if
someone had been watching, you know, did they know for sure
whether that was British or American.
112
Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of State, at 59-61
(Mar. 24, 2015) [hereinafter Diplomatic Security Agent 22 Testimony] (on file with the
Committee).
113
Email from Diplomatic Security Agent 25 to Diplomatic Security Agent 21(Jun. 7,
2012, 3:03 PM) (on file with the Committee, C05391125).
F-32
Also, around the same time, a figure named Abu Yahya is it Abu
Yahya al Libi? a senior Al Qaeda operative, had been killed, I
believe, in either Pakistan or Afghanistan. So I was
Q: By the U.S. Government?
A: Correct.
Q: In a drone strike or something like that?
A: Correct. In some U.S. operations. So, given that he was a
Libyan, I was concerned whether or not there could have been
some retaliatory action taken by Al Qaeda, you know, for that
act. So it was murky. There were a lot of things that were unclear, but I was concerned that there could have been links to the
U.S. Government.
Q: At that time, in June of 2012, the Brits were storing their vehicles and their weapons on the U.S. compound, the Benghazi
compound; is that correct?
A: Correct. 114
In fact, between the first attack on the Benghazi Mission on April 6 and
June 2012, there were more than 21 separate incidents in Benghazi. 115
While a member of the Defense Departments SST was temporarily diverted to bolster security after the series of attacks against the Mission
compound and U.K. Ambassadors motorcade, Diplomatic Security
Agent staffing never increased to five. 116 The sequence of attacks raised
enough concern in Washington D.C., for Lamb to acknowledge to her
supervisors there were not enough resources diverted to Benghazi.
We are not staffed or resourced adequately to protect our people
in that type of environment. We are a soft target against resources available to the bad guys there. Not to mention there is
no continuity because we do everything there with TDY person114
Testimony of Joan Polaschik, Deputy Chief of Mission, U.S. Dept of State, at 95-96
(Aug. 12, 2015) [hereinafter Polaschik Transcript] (on file with the Committee).
115
Security Incidents in Benghazi, Libya, from June 1, 2011- Aug. 20, 2012 (on file with
the Committee); see also Benghazi Spot Report, EAC and Significant Event Timeline
(DS/IP/RD) (on file with the Committee, C05394332).
116
See Benghazi DS and SST TDY staffing for Jan. 2012September 11 (on file with
the Committee, C0539433).
F-33
Email from Charlene Lamb, Deputy Asst Secy for Diplomatic Security, U.S. Dept
of State, to Scott Bultrowicz, Principal Deputy Secy for Diplomatic Security, U.S. Dept
of State (Jun. 11, 2012, 4:16 PM) (on file with the Committee, C05388866).
118
Email from John C. Stevens, U.S. Ambassador to Libya, to Diplomatic Security Agent
7 (Jun. 5, 2012, 10:55 AM) (on file with the Committee, C05409979).
119
Email from Diplomatic Security Agent 7 to John C. Stevens, U.S. Ambassador to
Libya (Jun. 6, 2012, 3:00PM) (on file with the Committee, C05409979).
120
Email from Diplomatic Security Agent 19 to Diplomatic Security Agent 25, James
Bacigalupo, Regional Dir. of the Near East Asia Bureau of Diplomatic Security, U.S.
Dept of State (Jun. 14, 2012, 11:40 AM) (on file with the Committee, C05393692).
121
Memorandum from James Bacigalupo, Regional Dir. of the Near East Asia Bureau of
Diplomatic Security, U.S. Dept of State, to Charlene Lamb, Deputy Asst Secy for Diplomatic Security, U.S. Dept of State, (Jun. 15, 2012) (on file with the Committee,
C05578316).
122
Id.
123
Diplomatic Security Agent 25 Testimony at 42-43.
124
Id.
F-34
F-35
Id.
U.S. Dept of State, Cable, Request for Extension of TDY Security Personnel (July 9,
2012) (on file with the Committee, SCB 0049439).
127
Testimony Diplomatic Security Agent, Diplomatic Security Service, U.S. Dept of
State, at 78-79 (May 19, 2015) (on file with the Committee).
126
F-36
believe there was any MSD team on the ground. There was just
TDYers and two permanent ARSOs on the ground. This is in July. I'm sorry. I'm confused on the dates. Not September. This is
July 9. So, at this time, we had another ARSO on the ground that
was permanent and myself and the RSO.
***
So we wrote this in July because all these elements were leaving.
MSD was leaving. The SST team was leaving, or they were going to change their Mission from being in the Embassy to being
outside of the Embassy so they could train the Libyan government military. So we came up with this as a suggestion, for example, in line 4, or paragraph 4, under the current arrangement,
and this was the main one, 34 U.S. security personnel, the 16
SSTs, the 11 MSD, the 2 RSOs and 3 TDY RSOs, that was the
number that we had there, and it was going to drawn down to 27.
And we said: Wait, we're basically losing people. We need people, specifically because security is not in the best position now.
We requested weapons permits and weapons for the local ambassador bodyguard detail, and funding for security. Yes, and
this was the cable that we sent out in concurrence with the Ambassador? 128
Again, going based on the numbers of agents that were going to
Benghazi while we were averaging one, two, or three, and we
never actually had five, we're suggesting: Hey, international programs, how about you making sure that we always have three,
and we're going to put a permanent RSO on the ground, and that
would give us at least four if you cannot provide us with enough
TDYers to do the job. That's basically why we went with that
number. It was an average of the amount of agents that we had at
any time at that post. 129
No response was received. Lamb explained the lack of response to the
Committee:
128
129
Id. at 79.
Id., at 80.
F-37
F-38
134
Testimony of Gregory Hicks, Deputy Chief of Mission at U.S. Embassy Tripoli, U.S.
Dept of State, Tr. at 13-14 (Apr. 11, 2013, U.S. House Committee on Oversight and
Govt Reform) (on file with the Committee); see also Cable from Embassy Tripoli to
U.S. Dept of State (Jul. 9, 2012) (on file with the Committee, SCB 0049439).
135
Email from Deputy Dir. for of Maghreb Affairs, U.S. Dept of State (Aug. 27, 2012,
4:47PM) (on file with the Committee, C05394203).
Appendix G
TIMELINE OF SIGNIFICANT EVENTS
DURING THE ATTACKS
Tuesday, September 11, 2012 1
EDT / EET
3:42 pm / 9:42 pmFirst attack on the Benghazi Mission compound
begins.
4:21 pm / 10:21 pmThe White House Situation Room convenes a
meeting.
4:32 pm / 10:32 pmThe National Military Command Center [NMCC]
at the Pentagon is notified of the attacks.
5:00 pm / 11:00 pmSecretary of Defense, Leon E. Panetta, and
Chairman of the Joint Chiefs of Staff, Martin E. Dempsey, meet with the
President at the White House.
5:10 pm / 11:10 pmThe first Drone arrives in Benghazi.
5:23 pm / 11:23 pmAll State Department personnel evacuate to the
Benghazi CIA Annex. Ambassador Christopher Stevens is unaccounted
for.
5:38 pm / 11:38 pm The Secretary of State calls David H. Petraeus,
Director, Central Intelligence Agency.
1
G-2
G-3
G-4
G-5
G-6
CO 5 4 5 6 O7 4 lu .S
G-7
Department of State - Doc# C05456074 - Produced to HOG R - January 2014
Source Material
This timellne Is constructed from DVR footage of the U.S. Special Mission Cor:ipound (USSMC)
and U.S. Special Mission Compound Annex (Annex) from the Federal Bureau of
Investigation (FBI) as well as FBI interviews conducted with releva~t parties In the days immediately
following the events, logs of events maintained by the Tactical Operations Center at U.S. Embassy
Tripoli and at the Diplomatic Security Command Center (DSCC), and the DSCC phone logs. No further
Information has been utlllzed. All Information sources for events are listed In the far right column.
This document is a draft working product unless expressly indicated otherwise.
This document is Law Enforcement Sensitive (LES) and should not be utlllzed for follow-on analysis
unless expressly Indicated. All labels, Identities, and assumptions are subject to change.
Ume References
Analysis of both DVR systems indicates that the Annex DVR system's timestamp is 02 minutes and
04 secor1ds behind the tlmestamp for the USS MC. For accuracy, the time adjusted to the USSMC
system has been provided in the "Synched to USSMC" column. In addition, a comparison of observed
sunrise with recorded sunrise by the U.S. Naval Observatory, while imprecise, does provide
assurance that times provided by both DVR systems are accurate to within a few minutes of real time.
(Recorded Sunrise: 0622 Observed through treellne by Annex Camera 5: 062B on Sep 12, 2.012)
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2145.38
USSMC
2145-2232 Approx
214633
2148.37
Annex
2147.13
Tripoli
2148.36
.USSMC
2150.27
USSMC
2154.13
2157.la
2201.23
USSMC
USSMC
U~SMC
2202.07
USSMC
2202.25
USSMC
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Tripoli TOC Log
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DSCC Call
Record
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USSMC4
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USSMC5
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2202.42
2203.20
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2214.00
2215
2217.29
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6, 1
.
USSMC
USSMC9
Benghazi
Tripoli me Lo~
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USSMC
lmoves from TOC to Villa B
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USSMC TOC to get FAV.
USSMC 1, 6
I and L_Jdrive FAV from
USSMC TOC to Villa C.
USSMC6, 5
L__j
2232.59
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compound
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USSMC 6, 5, 9
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2248.30
USSMC
2249.32 - 2307.15
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USSMC
2258.17
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USSMC 10
USSMC 12
USSMC 1,
..
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2301
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2312
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2316.39
.'
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2318.42
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C0545 607 4 U.S. Department of State-: Doc# C05456074- Produced to HOGR-January 2014 - - - - - -
2319.07
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USSMC
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2323.51
Annex
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2330
25
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14
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2348.40
2349.09
2351.42 onward
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USSMC 6
USSMC 1
USSMC 1
12 September 2012
MV Toyot~ Land Cru!ser stolen from vicinity
0001.24
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ofTOC
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0032.49
0032.53
0033.15
0034.53
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Annex
Annex
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Annex
0034.35
0036.39
0034.38
0036.42
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Annex3
Annex 3
Annex2
Annex 3, 4, 10,
2,5
Annex . Possible IEO or RPG near NE oerlmeter corner
Armed Unknown lndlviclual approaches
Annex 3
perimeter waif from east field.
Annex
Armed Unknown Individual departs
Annex 3
Annex
perimeter wall from east field.
Flash of Light visible east side ofTOC. Likely
USSMC1
USSMC beginning of vehicle fire.
0038.22
0040.26
Annex
0039.33
0043.59
0041.37
Annex
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USSMC 1
USSMC 12
USSMC 12
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Annex
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'Annex
0149.19
01S1.23
Annex
0057.47
0059.51
0059.50
0150.42
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0158.28
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0238.18
0415
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Annex 3
Annex
'
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Annex 3, 2
Annex.3
SAF near NE corner of perimeter wall
Annex 3
Annex
11, 13
,\nnl!X eametat 11 and 13 go offline
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from east field.
Annex3
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personne1-.1mp~cts near wnlte ~edao 111 east
Annex 3, 2
:f!e!d, .
Annex 3, 2
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of Annex en so.ut.h road; vehicle drllies by at
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departing GatrteFa View,,
. ,
Annex6
Unknown Individual - White T-shirt, Blue
Annex 1, 6, 12
running pants, emerges from villa
or
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0203-0415 Approx
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obtain Info on
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Annex
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Benghazi
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I
:
Annex 14
I
IC O5 4 5 6 0 7 4 lu.s.
G-14
Department of State - Doc# C05456074 - Produced to HOGR.-~ January 2014
0503.00
0505.04
Annex
0515.31
0517.35
Annex
0515.36
0517.4.0
Annex
0515.56
0518.0D
Annex
0515.57
os1s.01
Annex
0516.04
0518.08
Annex
0516.17
OSIB.21
Annex
0516,28
0518.32
Annex
0516.36
0516.48
0518.40
0518.52
Annex.
Annex
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Annex
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Annex 5, 7, 8
Anne>( 5, 7, 9
Annex8
Annex 6, 14,
0614.00
0616.04
Annex
0632.33
0634.37
Annex
0635.40
0637.44
Annex
Bldg. C
Annex7
Annex
Annex 14
0635.50
0637.54
Annex 6, 14
G-15
IC O5 4 5 6 O7 4 lu.s.
II
llenghazl ,5t ,.
0731
0825
DSCC
Chronological
tog
i
DSCC
Chronological
Tripoli
0838
lstlilrcraft.arrives Tripoli
LOI!
DSCC
Chronological
0954
Loa.
DSCC
Chronological
1133
_Tripoli
Log
This tlmeline gives preference to time/date stamps over Interview recollections where they conflict.
G-16
G-17
EDT// EET
-3:42 pm// 9:42 pm
The National Military Command Center at the Pentagon, after receiving initial
reports of the incident from the State Department, notifies the Office of the
Secretary of Defense and the Joint Staff. The information is quickly passed to
Secretary Panetta and Genera l Dempsey.
The diverted surveillance aircraft arrives on station over the Benghazi facility.
6:00-8:00 pm //
12:00-2:00 am
A six-man security team from U.S. Embassy Tripoli, including two DoD
personnel, departs for Benghazi.
G-18
-1:30 pm I I 1:30 am
-8:30pm II 2:30 am
8:39pm I I 2:39 am
8:53pm II 2:53 am
- 11:00 pm II 5:00 am
-11:15 pm II 5:15 am
The second facility in Benghazi comes under mortar and rocket propelled
grenade fire.
- 1:40 am
II 7:40 am
-4:00 am I I 10:00 am
The first wave of American personnel depart Benghazi for Tripoli via airplane.
The second wave of Americans, including the fallen, depart Benghazi for Tripoli
via airplane.
8:15 am I I 2:15 pm
1:17 pm II 7:17 pm
The C-17 departs Tripoli en route Ramstein, Germany with the American
personnel and the remains of Ambassador Stevens, Sean Smith, Tyrone Woods,
and Glen Doherty.
1:57 pm I I 7:57 pm
2:56 pm I I 8:56 pm
3:28 pm
II 9:28 pm
4:19 pm
II 10:19 pm
Appendix H
MICHAEL MORELL, THE GREAT WAR OF OUR TIME: THE CIAS FIGHT AGAINST
TERRORISMFROM AL-QAIDA TO ISIS 217 (2015) [hereinafter MORELL].
2
Testimony of Michael Morell, Deputy Dir., Central Intelligence Agency, Tr. at 25
(Sept. 28, 2015) [hereinafter Morell Testimony].
3
MORELL, supra note 1, at 218.
4
Morell Testimony at 28.
H-2
Insertion of the Language
The Executive Coordinator described to the Committee when she first
saw the September 12 update:
A: So the analysts came in to brief meI don't remember what
time that was, but my guess is probably somewhere between 3
and 4. And the piece that he gave to me was much longer than
this.
And we had a difference of opinion on one piece of the
intelligence. He believed that this was a spontaneous event and
was not open to the idea that it wasn't a spontaneous event. And I
disagreed because, you know, I had 20 years of Army
experience. You know, this is the military person in me. And I
said, I just can't buy that something that's, you know, this
coordinated, this organized, and this sophisticated was
something that they just, you know, did on, you know, the spur
of the moment. I said, we have to consider the fact that that
might not be the case.
He had a lot of good arguments. You know, it was the
anniversary of 9/11, there was the video in Cairo, there were a
number of other things happening that, you know, would seem to
suggest that it was spontaneous. But just being military and
seeing, you know, what we were seeing in the traffic, I was like,
I don't think that this isI don't think we can discount the
possibility that this was a, you know, coordinated, organized,
preplanned attack.
Q: When you say when you were seeing what you were seeing in
the traffic, what does that mean?
A: So the things they were talking about, how organized that it
was, in the press reporting. There was a lot of press that was
coming back and talking about, you know, like, how they were
breaching and, you know, like, how it was sort of phased, right?
It was coming across to me, reading, you know, the open press at
the time, that this was a phased attack. And I would be very
surprised if a phased attack was something that was just, all of a
sudden, you know, "Hey, guess what? Let's go have an attack
today because these other things are happening." I don't think
H-3
thatthat just didn't make sense to me. 5
While the analyst believed it was a spontaneous event, given her
experience the Executive Coordinator believed the piece needed to leave
open the possibility that something else occurred other than a
spontaneous event. She testified:
Q: You said there was a disagreement between you and the
analyst. A piece came in; it was lengthy. You wanted to cut it
down because that's what you normally do. Can you describe a
little bit more about the disagreement that you had?
A: Well, that was really it. Like, he was pretty convinced that
this was a spontaneous attack, that it was, you know, as a result
of this confluence of eventsthe 9/11 anniversary, the video
being released, the protest in Cairo.
5
Testimony of the Presidents Daily Briefer, Office of Dir. of Natl Intelligence, Tr. at
24-26 (Apr. 29, 2016) [hereinafter PDB Testimony] (on file with the Committee.
6
Id. at 28.
7
Testimony of
Team Chief, Office of Terrorism
Analysis, Central Intelligence Agency, Tr. at 32 (Feb. 10, 2016) [hereinafter
Team
Chief Testimony].
H-4
According to the manager of the analysts, none of her analysts believed
the sentence regarding an intentional assault should have been included.
The manager testified:
A: And so the POTUS coordinator inserted this sentence because
she felt strongly that it was an intentional assault against our
consulate.
Q: And
A: But there was nonothing to base that on, no reporting.
Q: And that view is the view of that single editor. Is that right?
A: Yes.
Q: Was there anyoneany of the analysts on your team that
thought that sentence should have been included?
A: No.
Q: And the reason your team and your analysts felt so strongly
was because there was no reporting to support that. Is that
correct?
A: Correct. We justyou can't make a call without an
evidentiary base to support it. 8
However, without solid evidence pointing in either direction
spontaneous or notthe Executive Coordinator was sure to be careful
with her language. She merely wanted to leave open the possibility that it
was an intentional assault and the language she chose reflected that
possibilitynot a conclusion. She told the Committee:
Q: your choice of the word "suggests," is that to couch it
A: Yes.
Q: to say that this may have happened, as opposed to it
definitively happened?
A: Correct.
8
Id. at 100-101.
H-5
Q: Okay. And was that a deliberate -A: It was leaving the door open that this is what it suggests, but
that doesn't mean this is what it is.9
The analysts and the Executive Coordinator were not able to reach a
consensus on the language in the piece. The analysts, who had went up to
the 7th Floor of the CIA headquarters to brief the Executive Coordinator
on the piece, returned to their desks. The Executive Coordinator testified:
Q: Okay. And was there a resolution between you and him
A: Not really.
Q: on how to proceed?
A: No.
Q: No. Okay. So how did your conversation or interactions with
him end?
A: I told him I would think about, you know, what he had said.
And I said, you know, I will to talk to somebody. 10
The Executive Coordinator, however, did not make the decision to
include the language of an intentional assault on her own, and she did
not do it in a vacuum based solely on her experience. Members of her
staff, which numbered roughly 15, talked with individuals outside CIA
headquarters about what was going on. She told the Committee:
Q: In terms of picking up the phone and calling anybody outside
of the building, is that something you did to acquire information?
A: We did. Yes. 11
She also discussed the matter with another analyst who had expertise in
regional issues. The Executive Coordinator testified:
We hadI was very lucky because we had anotherwe had a
MENA analyst that was a PDB briefer. She was the, I want to
9
H-6
say, the SecDef briefer. And so I went over and I talked to her
and I said, "Hey, this is what the analyst says. Here's my opinion.
You know, what are your thoughts, having covered this area, you
know, pretty extensively in your career?" And she agreed with
me.
We discussed it, we had a conversation about it andyou know.
And so I made the decision to change the wording to make sure
that we at least addressed the possibility that this was a planned
attack. 12
She also testified:
A: There was a lot of discourse about this at the PDB. I mean,
the other PDB briefers and I, that's the only resource I have at the
time. And I never would make an assessment all on my own and
just be like, this is it. I mean, we would do
Q: I understand.
A: We talk about it, we're sounding boards for each other. So
there was a lot of discussion. And, yes, I'm sure that the
supervisor of the young man who wrote this, we had that
conversation. Like, are you sure that this is what you want to
say. And yes, when I wrote this, I didn't feel like I was saying
you're wrong and I'm right. All I was trying to do was say, look,
we need to leave the door open in case this is not a spontaneous
attack. We want to be able to wait until there's more information,
and so that's why I use the word "suggests." I didn't say this is an
intentional assault. It suggests that it is.
The manager of the analysts who disagreed with the Executive
Coordinator, however, concedes that the Executive Coordinator was right
with her analysis. She testified:
Q: And she was right?
A: In the event, yes, she was right.13
12
Id. at 29.
Testimony of Dir. of the Office of Terrorism Analysis, Central Intelligence Agency,
Tr. at 23 {Nov. 13, 2015) [hereinafter OTA Director Testimony].
13
H-7
Similarly, Michael Morell concedes the sentence was accurate. He
testified:
Q: So the sentence ended up being accurate?
A: Yeah. Absolutely. 14
The Presidents Daily Brief
When the Executive Coordinator finished inserting the accurate sentence
regarding the intentional assault and not the escalation of a peaceful
protest into the September 12 piece, she put it into the book she
prepared each day for the President and his Chief of Staff.15 This book
is otherwise known as the Presidents Daily Brief, or the PDB.
Normally, upon completion of the PDB, the Executive Coordinator
would travel to the White House, brief the Chief of Staff, and if the
President required a briefing, she would brief the President. She testified:
So during the weeks that I produced the PDB, I would produce
it, and then they would drive me to the White House, and I
would produceor I would brief Jack Lew first, who was the
Chief of Staff. And if the President required a brief during that
day or chose to take a brief, then I would give him a brief, and if
not, then his brieferthen the DNI would brief him.
When we were on travel, I always briefed the President. That
was my responsibility whenever we would fly. 16
On September 12, 2012, the morning after the Benghazi attacks, the
Executive Coordinatorthe individual presenting the President with his
Presidential Daily Brieftraveled to the White House. That day,
however, she did not present the PDB to the President.17 Instead, she
gave it to an usher. She testified she presented the PDBwith the
accurate sentence regarding the intentional assault and not the
escalation of a peaceful protestto Lew:
A: So it depends. If we're traveling, then I present it to the
President personally. And if he has questionsusually the only
questions he usually asks
14
H-8
Lawyer. We're not going to talk about what the President said or
your conversations with him.
A: Okay. So if we're in town and we're not traveling then I bring
it to the White House, and I personally brief Jack Lew. And I
hand the President's book to the usher, and the usher presents it
to the President.
Q: So normally in Washington, when you're here in town, you're
not sitting across from the President, him looking at the book,
and he may be asking you questions?
A: No.
Q: How did it happen on the 12th that day?
A: I was here. So we were not traveling yet. We were in D.C. So
I would haveI had a driver, and the driver drives me to the
White House. I drop off the book first with the usher and then I
go down and I brief Jack Lew.
Q: Okay. And what time was that on the 12th?
A: So we always arrive by 7:00, and so it would've been around
7:00. I mean, I'm assuming around 7:00.
Q: So that day at 7:00, the booklet that has been put together,
you take it to the White House, you visit with Jack Lew and then
someone walked it into
A: No. First we give the brief to the usher. So my driver drops
me off at the front gate. I go through
Q: You actually physically hand the documentor the material.
A: Yeah, I physically hand the material to the usher and then I
walk back down with my briefcase and go see Jack Lew and wait
for him and then I brief him.
Q: Okay. And with Mr. Lew, did you talk about this SITREP?
Lawyer: We're not going to discuss what specific information
was provided to any White House staff in any PDB.
H-9
Q: But you did talk with Mr. Lew that day?
A: I did. 18
Fallout
Morell labeled the insertion of the language by the Executive
Coordinator a bureaucratic screw-up. This language made it into a
piece that was put in the Presidents Daily Brief, which was briefed to
Lew, and possibly shared with the President. Such a bureaucratic screwup, therefore, has far reaching implications if it occurs with any
regularity.
Michael Morell told the Committee that what occurred was a big nono. He testified:
She was, I'm told, a long-time military analyst with some
expertise in military matters, no expertise in North Africa and no
expertise in this particular incident. She added that, right? That's
a no-no, that's a no-no in the review process business. 19
The manager of the analysts who disagreed with the Executive
Coordinator called what occurred an analytic cardinal sin. She
testified:
What she did was, frankly, in the analytic world, kind of a cardinal sin. I
mean, the job of the POTUS coordinatorso we had the two analysts
stay overnight. Their job is to copy edit these things and make sure that if
there is some analysis in there, that the evidentiary techs sort of hang
together; that it actually makes sense because it does go to theit's a big
deal. I mean, it goes to very senior policymakers. So-- 20
The OTA Director also said that what occurred was a problem:
Q: Okay. Is that a problem that the senior DNI editor had the
final sign-off on this as opposed to the analysts, and that person
is inserting something in there that the analysts adamantly
disagree with?
18
Id. at 66-67.
Morell Testimony at 25.
20
Team Chief Testimony at 30-31.
19
H-10
A: In my personal view, yes. 21
Despite this bureaucratic screw-upwhich occurred in relation to the
Benghazi attacks, one of the few, if only, times in history outside
scrutiny has ever been applied to the PDB processMorell and others at
the CIA told the Committee this occurs infrequently. Morell testified:
Q: So from my perspective, I'm very new to this arena, it seems
like it's a problem that you have these rigorous processes in
place, and on this particular occasion a piece is going before the
President and somebody inserts a sentence that substantively
changes the meaning of a bullet point without any additional
review by the analysts who wrote the piece.
A: Yes. You're absolutely right.
Q: That's a problem in your eyes as well?
A: Yes.
Q: And how often does something like that occur?
A: Not very. You know, in my experience, one or twice a year. 22
The manager of the analysts who disagreed with the Executive
Coordinator testified:
Q: Is that something that in your 8 years prior you had ever seen
or heard of happening?
A: No. 23
She also testified:
A: Oh, I'm sure I did, yeah. I mean, it was unheard of and it
hasn't happened since.
Q: Okay.
A: It's a big deal. 24
21
H-11
Morell, himself once the head of the PDB staff, told the Committee how
he would have responded if a senior editor had made such a substantive
edit over the objections of the analysts:
A: And thisyou know, I ranI've ran the PDB staff, right, as
part of the jobs I had. I would have reprimanded, orally
reprimanded, not in a formal sense, right
Q: Sure.
A: called this person in my office and said, you know, what
happened? And if it turned out to be exactly what I just
explained to you, I would have said, don't ever do that again. 25
Morell also suggested how to ensure such a bureaucratic screw-up
doesnt happen in the future. He told the Committee:
Q: Is there any way to prevent these types of insertions by senior
reviewers in the future?
A: Well, I said, it doesn't happen very often, right.
Q: But it happened in this case, though.
A: So it's not a huge problem, right, it doesn't happen very often.
The way you prevent it is twofold, right? You make it very clear
when somebody shows up to the PDB staff what their
responsibilities are and what their responsibilities are not, you're
not the analyst. And, two, when somethingwhen something
does happen, even something very minor, right, you make it very
clear then that they overstepped their bounds. That's how you
prevent it. 26
The Executive Coordinator, however, has a different point of view than
Morell, the OTA Director, and the manager of the analysts. She did not
view this as a bureaucratic screw-up at all, but rather exactly the job
she was supposed to be doing. She acknowledged the disagreement with
the analysts the night of the Benghazi attacks, testifying:
Q: Okay. And I know we talked about it, but how unusual, I
24
H-12
guess, was this disagreement, this type of disagreement?
A: It was pretty unusual. Most of the time, we were able to, you
know, just sort of agree on language, and they'll gave you a face
like, "Okay," they'll roll their eyes, they'll be like, "All right, you
know, that's not as strong of language as I would like." But, you
know, a lot of times, you know, we soften the language because
we just don't know for sure. So, you know, we'll change from,
you know, "believe with high confidence" toI'm like, do you
really believe with high confidence, or do you really think that's
maybe medium confidence?
And I sort of saw my role as, you know, like, a mentor because
I'd been in intelligence for 20 years. So a lot of times, you know,
I would tell the analysts, you know, this is good tradecraft, but it
will be better analysis if you take into consideration these things
which you may or may not have considered.27
However, the fact that she inserted language into the piece was not a nono or a cardinal sin, but rather something that was ultimately her
decision, not the analysts. This directly contradicts what Morell said
about the Executive Coordinator overstepping her bounds. She testified:
But I do know that, you know, when I talked to [senior CIA
official], you know, in the interview process and also, you know,
subsequent to that, he basically said that you're the PDB briefer,
you are the last, you know, line of defense and, you know, it's
your call. So if there's something in there that, you know, bothers
you, you know, coordinate it out, and then if you can't come to
an agreement, it's your, you know, responsibility. So I did not
take that lightly. 28
Since it was a responsibility she did not take lightly, she only modified
such language when there was ample evidence to support it. She told the
Committee:
But yes. I mean, we don'tI rarely everin fact, I can't
remember any time that I've ever made, you know, a call just
based on press reporting, so I'm sure there was other
27
28
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intelligence.29
Perhaps as a result of the direction she was given during her interview,
the Executive Coordinator experienced no fallout or reprimand as a result
of her actions the night of the Benghazi attacks. She testified:
Q: Okay. Were you told by anybody never to do that again?
A: No.
Q: Okay. Were you told by anybody that what you did was a big
no-no?
A: No. 30
As a matter of fact, she and her PDB colleagues agreed that her actions
inserting the language about the intentional assault and not the escalation
of a peaceful protestwere the right call. She testified:
Q: Okay. So you said you have a roundtable. I mean, who is
comprised, just roughly, of that roundtable?
A: So it's all the PDB briefers. Some weren't there because a lot
of times their principals, like, keep them there or, you know,
they don't get back in time. But also it's whoeverit'll be either
[CIA individual] or [State Department individual] or [DIA
individual] that's leading it.
Q: So I just want to make sure I understand your testimony
correctly. You were told by someone at the roundtable that the
analysts were upset, but you say that's too harsh a word -A: Yeah.
Q: for lack of a better word.
A: I can't think of a betterit was somewhere in between, like,
upset and-Q: Sure. Sure.
29
30
Id. at 26.
Id. at 44.
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A: Yeah.
Q: There was discussion. It seemed to bethe consensus was
that it was the right call.
A: Yes.
Q: Okay. The consensus by those at the roundtable.
A: At the roundtable, yes. 31
One of the briefers at the roundtable was an analyst who came from the
Middle East and North African desk at the CIA, and was a colleague of
the analysts who disagreed with the Executive Coordinator the night of
the attack. 32
The testimony received by the Committee on this topic presents a
dichotomy between two parties. On the one hand, CIA personnel present
a picture that what occurred was a major error and breach of protocol. On
the other hand, the Executive Coordinator, who works for ODNI,
testified she was told when she took the job that she had the final call on
language in analytic pieces, though changing substantive language was
something exercised judiciously. Since the Benghazi attacks, the analysts
have been instructed to stay with the PDB editors until the final piece is
with the ODNI official. 33 Given how the situation unfolded early in the
morning of September 12, 2012, it is unclear how this new guidance
would have altered that particular outcome.
Two of the first pieces produced by the CIA analysts in the wake of the
Benghazi attacks contained errors either in process or substance. Both of
these pieces became part of the Presidents Daily Brief. While the
Committee only examined intelligence pieces regarding the Benghazi
attacks, discovering errors in two pieceson successive days, on one
single topicthat became part of the Presidents Daily Brief is extremely
problematic for what should be an airtight process. Whether these errors
are simply a coincidence or part of a larger systemic issue is unknown.
The September 12 piece, along with the egregious editing and sourcing
errors surrounding the September 13 WIRe, discussed in detail above,
31
Id. at 43-44.
Id. at 42.
33
OTA Director Testimony at 43.
32
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raise major analytic tradecraft issues that require serious examination but
are beyond the purview of this Committee.
Appendix I
WITNESSES INTERVIEWED BY THE COMMITTEE
State Department Officials
DIPLOMATIC SECURITY AGENTS
Of the more than 50 agents who served temporary assignments of approximately 30-45 days in Benghazi, 19 were interviewed. 1 Of this 19,
four were agents who survived the attacks on September 11, 2012, and
who had not been previously interviewed by any committee of Congress.
The fifth survivor had been interviewed previously by the House Committee on Oversight and Government Reform.
The five agents from Diplomatic Security who were in Benghazi on the
night of the attacks deserve the enduring gratitude of all Americans for
their heroic efforts on the night of the attacks. The Committee commends
their dedication to their country, the selflessness shown to their colleagues, and the bravery and astuteness they demonstrated during the
attacks.
Fifteen other agents interviewed by the Select Committee served in Benghazi between April 2011 and September 2012. Each agent served at
different times and therefore was able to provide the Committee with
insight on the continuing spectrum of security challenges faced in Benghazi during the 18 months the United States maintained a presence. The
Committee notes that these agents, as well as those not interviewed,
served in Benghazi under difficult circumstances. Their ability to protect
U.S. government personnel under such circumstances is a testament to
the commitment each has to this country and to their colleagues. They all
deserve our thanks.
Out of security and privacy concerns, the Committee has not used the names of certain
executive employees, and has, instead, used the persons title or some other descriptor to
identify the person. For example, given security concerns facing Diplomatic Security
agents who serve around the worldoften in dangerous placesthe Committee assigned
numbers to these agents. Throughout the report, and in this appendix, the Committee
listed the persons title or position held during the relevant time period.
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ghazi in early August for a temporary assignment. Secured the Ambassador and Sean Smith in the makeshift safe haven when the attacks began.
Other Agents Assigned in Benghazi
Diplomatic Security Agent # 6February 10, 2015: Headed the protective detail for Stevens when Stevens first went into Benghazi in April
2011. The agent met up with Stevens in Europe in mid-March and then
traveled to Benghazi in early April and remained there until early May
2011.
Diplomatic Security Agent # 9February 12, 2015: Along with another agent, was sent to join the initial protective detail approximately two
weeks after Stevens and his team arrived in Benghazi, bringing the number of agents in Stevenss protective detail up to 10.
Diplomatic Security Agent # 27February 19, 2015: Was the second
agent sent to join the initial protective detail approximately two weeks
after Stevens team arrived in Benghazi, bringing the number of agents in
Stevens protective detail up to 10.
Diplomatic Security Agent # 18February 24, 2015: Joined Diplomatic Security in 1999 following ten years of prior military service. This
agent was sent to Benghazi in late October 2011 for approximately 55
days to be the lead security agent.
Diplomatic Security Agent # 7February 26, 2015: A Special Agent
since 1986, and in 2011 was the Director of the State Departments specialized tactical unit in Diplomatic Security, known as Mobile Security
Deployment. This agent went to Benghazi in early May 2011 to take
over as head of Stevens protective detail, replacing the initial agent-incharge. He was in Benghazi when the initial search for a State Department diplomatic and housing compound began.
Diplomatic Security Agent # 15March 12, 2015: Joined Diplomatic
Security in 2001 and went to Benghazi in early January 2012 until midFebruary. This agent was in Benghazi for the first anniversary of the revolution.
Diplomatic Security Agent # 22March 24, 2015: A Special Agent
since 2012, he was in Benghazi from late May through the end of July
2012. He was present for the second attack against the compound wall,
the attack against the British Ambassador, and the Libyan elections.
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made against the British Ambassador. At times, the officer was protected
by a single Diplomatic Security agent.
Principal Officer # 3March 26, 2015: A Foreign Service officer since
1991, he temporarily served as the Principal Officer in Benghazi from
July through August 2012. He was present for the Libyan elections and
then witnessed and reported on the declining security environment in
Benghazi that followed.
Principal Officer # 4May 8, 2015: A Foreign Service officer since
2002, he went to Tripoli in June 2012 on a permanent assignment to be
the political reporting officer. He served as the Principal Officer in Benghazi from September 1 through September 10, 2012, departing Benghazi on the morning of September 11. He returned to Tripoli and was present in the operations center during the attacks and following the attacks,
met with the surviving agents.
EMBASSY TRIPOLI
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Sterling Contractor # 1February 26, 2016: Worked for Sterling International (now Sterling Global Operations) in Libya on a weapons removal and abatement program for the State Department. Was in Benghazi on the night of the attacks.
Sterling Contractor # 2March 31, 2016: Worked for Sterling International (now Sterling Global Operations) in Libya on a weapons removal
and abatement program for the State Department. Was in Benghazi on
the night of the attacks.
Locally Employed StaffMarch 22, 2016: Was a contract employee in
Benghazi, Libya for the State Department.
OTHER
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The Select Committee also had available transcripts of hearings, briefings, and interviews from other committees, including interview transcripts from:
Bacigalupo, JamesRegional Director, Bureau of Near Eastern Affairs,
Bureau of Diplomatic Security
Boswell, EricAssistant Secretary of State for Diplomatic Security
Bultrowicz, ScottDirector, Diplomatic Security Service and Principal
Deputy Secretary of State for the Bureau of Diplomatic Security
Dibble, ElizabethPrincipal Deputy Assistant Secretary, Bureau of Near
Eastern Affairs
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Headquarters
Petraeus, DavidJanuary 6, 2016, and March 19, 2016: Director of the
Central Intelligence Agency from September 2011 to November 2012.
At the time of the attacks, the CIA had personnel in Benghazi and Tripoli. The CIAs Annex facility in Benghazi was attacked on September 1112, 2012, following the attack on the State Department facility.
Morell, MichaelSeptember 28, 2015: Joined the Central Intelligence
Agency in 1980 and was its Deputy Director from May 2010 to August
2013. At the time of the attacks, the CIA had personnel in Benghazi and
Tripoli. The CIAs Annex facility in Benghazi was attacked on September 11-12, 2012, following the attack on the State Department facility.
Deputy Director Morell edited the highly criticized talking points that
were developed after the attacks.
Director, Office of Terrorism AnalysisNovember 13, 2015: The Office of Terrorism Analysis, part of the CIAs Counterterrorism Center,
develops and disseminates analytical pieces regarding known and suspected terrorist acts and actors. OTA developed and disseminated analytical reports immediately after the Benghazi attacks.
Chief of Operations, Near East DivisionDecember 10, 2015: Head
of the CIAs headquarter coordination and support office for operations
in the Middle East and Africa, which included Libya.
Team Chief, Office of Terrorism AnalysisFebruary 10, 2016: Leader
of the team that produced analytical pieces. Was involved in the Benghazi post-attack analytical reporting.
Benghazi
GRS # 1May 22, 2015: A member of the Global Response Staff
[GRS] who responded to the State Department facility when it was attacked and was present when the Annex facility was attacked.
GRS # 2May 27, 2015: A member of the GRS who was present when
the Annex facility was attacked.
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GRS # 3May 29, 2015: A member of the GRS who responded to the
State Department facility when it was attacked and was present when the
Annex facility was attacked.
GRS # 4March 1, 2016: A member of the GRS who responded to the
State Department facility when it was attacked and was present when the
Annex facility was attacked.
GRS # 5May 24, 2016: A member of the GRS who responded to the
State Department facility when it was attacked and was present when the
Annex facility was attacked.
GRS-Team LeadApril 19, 2016: The leader of the Benghazi Global
Response Staff [GRS] who responded to the State Department facility
when it was attacked and was present when the Annex facility was attacked.
Chief of BaseNovember 19, 2015: The head of the U.S.-based intelligence group at Benghazi Base who was present for the attacks on September 11-12, 2012.
Deputy Chief of BaseJune 4, 2015: The second-in-command of the
U.S.-based intelligence group at Benghazi Base and was present for the
attacks on September 11-12, 2012.
Officer AMarch 2, 2016: Part of the U.S.-based intelligence group at
Benghazi Base and was present for the attacks on September 11-12,
2012.
Officer BApril 23, 2015: Part of the U.S.-based intelligence group at
Benghazi Base but who had traveled from Benghazi on the morning of
September 11, 2012.
Officer CJune 19, 2015: Part of the U.S.-based intelligence group at
Benghazi Base and was present for the attacks on September 11-12,
2012.
Tripoli
GRS TripoliJune 23, 2015: A member of the Tripoli-based Global
Response Staff (GRS) who became part of Team Tripoli and responded
to Benghazi when the State Department facility attacked and was present
when the Annex Base in Benghazi was attacked.
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Chief of StationJuly 16, 2015: A Chief of Station is the lead CIA official stationed in a foreign country and is responsible for the U.S.-based
intelligence group.
Other
CIA OfficialJune 2, 2015: In September 2012, this official was serving in Europe on the night of the attacks and played a role in responding
to the attacks.
The Select Committee also had available to review information from the
House Permanent Select Committee on Intelligence including transcripts
of hearings, briefings, and interviews of agency heads, senior officials
and other individuals from the Office of the Director of National Intelligence, Central Intelligence Agency, National Counterterrorism Center,
Department of State, Department of Defense, National Security Agency,
and Federal Bureau of Investigation.
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Olsen, MatthewFebruary 16, 2016: Director of the National Counterterrorism Center [NCTC] from August 2011 through July 2014. A part of
the Office of the Director of National Intelligence, NCTC oversees analysts from other federal agencies, including the CIA, the FBI, and the
Department of Defense to collect, analyze and disseminate counterterrorism threat information and intelligence.
ODNI AnalystApril 29, 2016: Was involved in the production of the
first analytical piece generated in the wake of the Benghazi attacks.
DEFENSE INTELLIGENCE AGENCY
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Bash, JeremyJanuary 13, 2016: Served as Chief of Staff to the Secretary of Defense and was a liaison between the Defense Department and
the State Department. He provided information about which forces were
identified to be deployed on the night of the attack. He also participated
in a meeting with the White House and the State Department on the
evening of September 11.
Breedlove, Philip M. (Gen.)April 7, 2016: Served as the Commander
of the United States Air Forces in Europe at the time of the attacks. He
provided information regarding the available transport aircraft on the
night of the attack, when those aircraft were ordered to deploy, and when
those aircraft deployed.
Ham, Carter (Gen.)June 8, 2016: Served as Commander for Military
Operations United States Africa Command [AFRICOM] at the time of
the attacks. He provided insight into the decisions made at the Pentagon
and AFRICOM regarding the attacks.
Kelly, John (Gen.)March 23, 2016: At the time of the attacks, served
as the Senior Military Assistant to the Secretary of Defense. Provided
information regarding meetings and decisions made at the Pentagon in
response to the attack.
Landolt, Richard B. (Rear Adm.)May 5, 2016: Served as Director of
Operations and Cyber, United States Africa Command (AFRICOM) at
the time of the attacks. He provided information regarding meetings and
decisions made at AFRICOM.
Leidig, Jr., Charles J. (Vice Adm.)April 22, 2016: At the time of the
attacks, served as Deputy Commander for Military Operations United
States Africa Command [AFRICOM]. He provided information regarding meetings and decisions made at AFRICOM.
Losey, Brian (Rear Adm.)June 16, 2016: Served as Commander,
Special Operations CommandAfrica in September 2012. He provided
information regarding meetings and decisions made at SOC-AF.
Miller, James (Ph.D.)May 10, 2016: At the time of the attacks, served
as Under Secretary of Defense for Policy, a principal advisor to the Secretary of Defense on matters of national security and defense policy.
Mordente, Patrick (Gen.)April 28, 2016: Served as Deputy Director
of Operations and Plans at TRANSCOM in September 2012. He provid-
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FAST CommanderSeptember 2, 2015: The Marine Corps Fleet Antiterrorism Security Team [FAST] is a special operations team on
standby to respond to US government interests and to temporarily augment existing security. The FAST Commander was in charge of the
FAST Team ordered to deploy to Tripoli. He provided information about
when his team received their orders, when they were ready to deploy,
and when they actually deployed.
Sensor Operator # 1June 9, 2016: Operated the sensor controls on a
remotely piloted aircraft, commonly known as a drone, flown over Benghazi during the attacks.
Sensor Operator # 2June 9, 2016: Operated the sensor controls on a
remotely piloted aircraft, commonly known as a drone, flown over Benghazi during the attacks.
DOD Special OperatorSeptember 22, 2015: One of two Special
Forces operators who responded as part of Team Tripoli to Benghazi as
the attacks occurred and were present at the Benghazi Base when the
mortar attacks occurred.
Tripoli AnalystNovember 10, 2015: An analyst with the Defense Intelligence Agency who was assigned in Tripoli and present in Tripoli
during the attacks and was involved in intelligence collection and reporting in Libya.
The Select Committee also had available to it transcripts of hearings,
briefings, and interviews from other committees, including interview
transcripts from:
Ham, Carter (Gen.)Commander for Military Operations, United States
Africa Command [AFRICOM]
Landolt, Richard B. (Rear Adm.)Director of Operations and Cyber,
AFRICOM
Leidig, Jr, Charles J. (Vice Adm.) Deputy to the Commander for Military Operations, AFRICOM
Losey, Brian (Rear Adm.) Commander, Special Operations Command
Africa [SOCAFRICA]
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Other
Blumenthal, SidneyJune 16, 2015: Longtime friend and confidant of
Hillary R. Clinton. Blumenthal sent her numerous intelligence reports
and other advice on Libya.
Chorin, EthanMarch 10, 2016: Co-director of a non-profit organization that envisioned building relationships between U.S. medical centers
and Benghazi medical centers who was in Benghazi at the time of the
attack. He was to meet with Ambassador Stevens on September 12,
2012. He is also a former State Department Foreign Service Officer who
had been assigned to Libya in 2004-2006 and is an author on books and
articles on Libya.
Appendix J
REQUESTS AND
SUBPOENAS FOR DOCUMENTS
State Department
September 20, 2012Letter from the House Committee on Oversight
and Government Reform [OGR] to Hillary R. Clinton, Secretary of State,
requesting seven categories of documents pertaining to the Benghazi
attacks: 1) Benghazi security situation; 2) threat assessment for US
personnel; 3) preliminary attack site exploitation; 4) pre-attack warnings;
5) evidence supporting or contradicting Rice statement blaming video; 6)
evidence supporting or contradicting Magariafs statement that attacks
were premeditated; 7) attack information.
The State Department provided OGR eight batches of documents totaling
25,000 pages on a read and return basis. OGR was allowed to review
the documents, but custody and control of the documents, which were
returned to the Department at the end of each day, was retained by the
Department.
December 13, 2012Letter from OGR to the Secretary requesting
information on, among other things, whether the Secretary used personal
email for official business.
The State Departments written response on March 27, 2013, did
respond to the question regarding the Secretarys use of personal email
for official business.
J-2
J-3
The State Department produced only 847 pages of the former Secretary
of States emails and other documents before subpoenas were issued on
March 4, 2015, commanding production of these records. Following the
issuance of the subpoena, additional records were produced. In all, the
Committee received just over 42,000 pages of documents to and from the
Secretary of State and senior leaders. However, not all records were
produced.
J-4
December 29, 2014Letter from the Secretary (via attorney) stating the
State Department, not the Secretary, will comply with Committees
December 2, 2014, request for any official records personally retained by
the Secretary.
J-5
1199 pages
3636 pages
8254 pages
7452 pages
4703 pages
110 pages
1090 pages
193 pages
3456 pages
122 pages
812 pages
2789 pages
2448 pages
886 pages
1650 pages
1075 pages
J-6
1 page
105 pages
1899 pages
J-7
J-8
Superseded by the Committee request on May 29, 2015, for larger time
frame.
For the initial limited time frame, on July 2, 2015, Cheryl Mills produced
30 pages and Jacob Sullivan produced 38 pages to the State Department
for review by the State Department before production to the Committee.
1370 pages
1828 pages
2587 pages
J-9
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July 2, 2015Letters from the personal attorney for Mills and Jacob
regarding production of documents to the State Department for limited
time period of September 11-30, 2012, recounting that 30 pages for Mills
and 38 pages for Sullivan were returned to the State Department.
Acknowledges that a further production to be done by July 27, 2015, for
larger time frame in the second request from the Committee.
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J-19
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January 23, 2015 Letter from White House stating that other
Executive Branch agencies are in best position to respond to document
requests. The letter further complains that request is broader than the
Committees mandate. The letter outlines how the requests intrude on
longstanding Executive Branch confidentiality and other institutional
interests. The letter asserts the White House will begin producing
documents by February and welcomes further discussion on how to
narrow the requests made.
March 17, 2015Letter from the White House accompanying the reproduction of approximately 266 pages of documents with lesser
redactions.
J-21
11 from December 29, 2014, letter) and further give priority to certain
specific time frames.
May 11, 2015 Letter from the White House accompanying the reproduction of approximately 203 pages of documents.
June 19, 2015 Letter from the White House accompanying the reproduction of approximately 266 pages of documents responsive to
requests.
July 17, 2015 Letter from the White House accompanying the reproduction of approximately 340 pages of documents responsive to
requests.
August 28, 2015 Letter from the White House accompanying the reproduction of approximately 247 pages of documents responsive to
requests.
J-22
October 5, 2015 Letter from the White House accompanying the reproduction of approximately 34 pages of documents responsive to
requests.
October 27, 2015 Letter from the White House accompanying the reproduction of approximately 47 pages of documents responsive to
requests.
November 12, 2015 Letter from the White House accompanying the
re-production of approximately 48 pages of documents responsive to
requests.
Appendix K
ANALYSIS OF ACCOUNTABILITY REVIEW BOARD, HOUSE
ARMED SERVICES COMMITTEE AND HOUSE PERMANENT
SELECT INTELLIGENCE COMMITTEE REPORTS
Was the Accountability Review Board
Independent and Comprehensive?
INTRODUCTION
Accountability Review Boards are designed to play a critical role in ensuring the State Department learns from past incidents so as to ensure
future security and safety related incidents can be prevented. According
to the State Department, the ARB process is a mechanism to foster
more effective security of U.S. missions and personnel abroad by ensuring a thorough and independent review of security-related incidents. 4
1
Convening of an Accountability Review Board, 77 Fed. Reg. 60741 (Oct. 4, 2012), Pub.
Notice 8052.
2
Id.
3
22 U.S.C. 4831 et seq. and 12 FAM 030.
4
Id.
K-2
Through its investigations and recommendations, the Board seeks to determine accountability and promote and encourage improved security. 5
By law, Accountability Review Boards are charged with examining five
aspects of an incident, including:
1. The extent to which the incident or incidents with respect to
which the Board was convened was security related;
2. Whether the security systems and security procedures at that
mission were adequate;
3. Whether the security systems and security procedures were
properly implemented;
4. The impact of intelligence and information availability; and
5. Such other facts and circumstances, which may be relevant to the
appropriate security management of United States missions
abroad. 6
Prior to 1986, no formal mechanisms were in place to examine, review,
and make recommendations after significant incidents involving State
Department facilities of personnel. Following several attacks against
U.S. missions in the 1980s, the State Department created an independent
review panel to examine the incidents. The Advisory Panel on Overseas
Security, chaired by Admiral Bobby Inman, issued its report in 1985.
Concerned that the State Department did not consistently examine serious and significant incidents as did other federal agencies, the Panel recommended the Secretary of State [be required] to convene a Board of
Inquiry with powers of establishing accountability in all cases involving
terrorism or security related attacks that result in significant damage
and/or casualties to United States personnel or property. 7 The Advisory
Panels recommendation to establish the Accountability Review Board
was adopted by the State Department and later incorporated in the Omnibus Diplomatic Security and Antiterrorism Act of 1986. 8
K-3
Since 1986, nineteen (19) ARBs have been convened to review the most
significant attacks against U.S. diplomatic personnel or facilities.9 The
findings and recommendations of each ARB investigation are in effect
cumulative. Cheryl Mills, Chief of Staff and Counselor to the Secretary
of State, explained to the Committee, ARBs have an enduring life,
meaning that the learnings that came from those ARBs should be acted
on and implemented.10 Two significant ARBs convened subsequent to
1986 were those formed in the aftermath of the August 7, 1998, dual terrorist attacks in the east African cities of Dar es Salaam, Tanzania, and
Nairobi, Kenya.
Speaking on behalf of both East African ARB panels, ARB Chairman
William Crowe wrote former Secretary of State Madeline Albright expressing concern about the Departments commitment to security: 11
[H]ow similar the lessons were to those drawn by the Inman
Commission over 14 years ago. What is most troubling is the
failure of the U.S. government to take the necessary steps to prevent such tragedies through an unwillingness to give sustained
priority and funding to security improvements.
We are advancing a number of recommendations that deal with
the handling of terrorist threats and attacks, the review and revision of standards and procedures to improve security readiness
and crisis management, the size and composition of our missions, and the need to have adequate and sustained funding for
safe buildings and security programs in the future. We recognize
that the Department of State and other U.S. government agencies
are already making adjustments and taking measures to enhance
the protection of our personnel and facilities abroad. It is clear,
however, that much more needs to be done.12
OIG Special Review of the Accountability Review Process, ISP-I-13-44A, 10 (September 2013) (Within the 14-year period covered by this review [1998 - 2012], a significant
number of security-related incidents, more than 222 in all, were not subject to [ARB]
consideration.), found at https://oig.state.gov/system/files/214907.pdf.
10
Testimony of Cheryl D. Mills, Chief of Staff, U.S. Dept of State, Tr. at 269 (Sep. 3,
2015) [hereinafter Mills Testimony] (on file with the Committee) (It was my impression
that ARBs are supposed to have an enduring life, meaning that the learnings that came
from those ARBs should be acted on and implemented).
11
Letter from Admiral William J. Crowe, to Madeline Albright, Secy of State, U.S.
Dept of State (Jan. 8, 1999) (on file with the Committee).
12
Id.
K-4
Two recommendations identified by the East African ARBs were directed specifically to the Secretary of State:
Recommendation #4: The Secretary of State should personally
review the security situation of embassy chanceries and other official premises, closing those which are highly vulnerable and
threatened but for which adequate security enhancements cannot
be provided, and seek new secure premises for permanent use, or
temporary occupancy, pending construction of new buildings.13
Recommendation #13: First and foremost, the Secretary of State
should take a personal and active role in carrying out the responsibility of ensuring the security of U.S. diplomatic personnel
abroad. It is essential to convey to the entire Department that security is one of the highest priorities. In the process, the Secretary should reexamine the present organizational structure with
the objective of clarifying responsibilities, encouraging better
coordination, and assuring that a single high-ranking officer is
accountable for all security matters and has the authority necessary to coordinate on the Secretarys behalf such activities within
the Department of State and with all foreign affairs USG agencies. 14
BENGHAZI ARB
13
K-5
[W]e put together . . . some facts as we know it, about the incident. We tell our director. He contacts the legal adviser, who is
not a voting member but is there to provide advice to the PCC,
and Diplomatic Security and the regional bureau. And we say
hey, this looks to us like it meets the criteria, I'm going to call the
PCC together. And it's the chairman's right to assemble this
group. 17
After the attacks on the U.S. diplomatic facility on September 11, 2012,
the ARB/PCC did not meet in person but discussed the situation by
email. 18 The Managing Director of M/PRI explained:
A virtual meeting, we do that on incidents that we think do not
need the PCC to meet. That is our standard operating procedure.
But since this was well known by everyone in the Department,
we felt comfortable in doing it electronically. 19
The PCC agreed an ARB should be convened and made the recommendation to the Secretary on September 19, 2012.20 In making the recommendation, the PCC noted:
Should you agree to this recommendation, we will prepare the
appropriate appointment letters for the Chair and proposed
members of the ARB, the letters to the Congress and notifications to the public via the Federal Register announcing your decision. 21
17
K-6
Id.
Testimony of Patrick F. Kennedy, Under Secy for Management, U.S. Dept of State,
Tr. at 278 (Feb. 3, 2016) [hereinafter Kennedy Testimony] (on file with the Committee).
24
M/PRI Managing Director Testimony at 29 (A list of potential board members was not
forwarded to the Secretary for approval).
25
Id. at 27.
26
Mills Testimony at 137.
23
K-7
individuals who would understand the Secretarys narrative of expiditionary diplomacy. On September 15, 2012, William Burns, Deputy Secretary of State, recommended Ambassador Pickering to the ARB.
In an email to Mills, Burns wrote:
On arb, Id suggest Pickering in addition to Armitage. Theyre
both very experienced and fair minded and understand entirely
demands of expeditionary diplomacy. 27
On September 18, 2012, Burns informed Mills and Patrick Kennedy,
Under Secretary of State for Management, that Tom Pickering is willing
to chair . He liked very much the idea of including Mike Mullen. 28
Admiral Michael Mullen retired as Chairman of the Joint Chiefs of Staff
on November 1, 2011. 29 At the time they served on the Benghazi ARB,
both Mullen and Pickering were also members of the Secretarys Foreign
Affairs Policy Advisory Board.
The Foreign Affairs Policy Board was launched in December
2011 to provide the Secretary of State, the Deputy Secretaries of
State, and the Director of Policy Planning with independent, informed advice and opinion concerning matters of U.S. foreign
policy. The Board serves in a solely advisory capacity, with an
agenda shaped by the questions and concerns of the Secretary.
Its discussions focus on assessing global threats and opportunities; identifying trends that implicate core national security interests; providing recommendations with respect to tools and capacities of the civilian foreign affairs agencies; defining priorities
and strategic frameworks for U.S. foreign policy; and performing
any other research and analysis of topics raised by the Secretary
of State, the Deputy Secretaries, and the Director of Policy Planning. 30
27
Email from William Burns, Deputy Secy of State, U.S. Dept of State, to Cheryl D.
Mills, Chief of Staff, U.S. Dept of State (Sep. 15, 2012, 1:09 PM) (on file with the
Committee, SCB0057846).
28
Email from Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, to William Burns, Deputy Secy of State, U.S. Dept of State (Sept. 18,
2012, 9:35 AM) (on file with the Committee, SCB0057775).
29
Biography of Admiral Mike Mullen, U.S. Navy (Jul. 12, 2013),
http://www navy mil/navydata/bios/navybio.asp?bioID=11.
30
Foreign Affairs Policy Board, U.S. Dept of State, http://www.state.gov/s/p/fapb/.
K-8
The Foreign Affairs Policy Advisory Boards formation occurred contemporaneously with the decision to extend the operations in Benghazi as
well as the restart of operations in Tripoli.
Mills explained her communications with ARB panelists Mullen and
Catherine Bertini:
I reached out to, I believe Admiral Mullen myself . And, I
reached out to, I believe, Cathy Bertini, who had been recommended to us by the Under Secretary of Management. 31
Kennedy described his role in the selection of the ARB panel members to
the Committee:
I had met Catherine Bertini when I was one of the alternate representatives to the United Nations and she was at the United Nations as the she was I think at that point the senior American
serving in the United Nations Headquarters Secretariat. So I
worked with her on a professional basis because I was representing the United States and she was a senior official within the
United Nations. I did not recommend her for the position.
I provided one name, Richard Shinnick. That was the only name
that I was solicited and asked to provide a suggestion for, in effect, a type of expertise.32
Kennedy explained further:
A: As I said earlier, I was asked only to make one recommendation name somebody who was not in the State Department but
knew a lot about Secretary of excuse me Department of State
construction activities. So I made one recommendation and I
made no recommendations for any of the other four.
I was advised, because I also head the unit that publishes the
names in the Federal Register, I was advised that the selections
were Pickering, Mullen, Turner, I think it was, Bertini and
Shinnick.
Q: And so did Cheryl Mills ask you for that, or did Jake Sullivan? Or who asked you for-31
32
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33
Id. at 278.
Email from Cheryl Mills, Chief of Staff and Counselor, U.S. Dept of State, to Stephen
Mull, Executive Secretary, Office of the Secretariat, U.S. Dept of State (Sept. 28, 2012,
2:37 PM) (on file with the Committee, SCB0057607) (Catherine Bertini agreed to serve
on the ARB panel today). See also Email from Cheryl Mills, Chief of Staff and Counselor, U.S. Dept of State, to Catherine Bertini, Accountability Review Board Member
(Sept. 28, 2012, 2:28AM) (on file with the Committee, SCB0054582) ([I]f you could
tomorrow, I would welcome connecting with you. From Bertini Thank you for reaching out to me. I am pleased to say Yes to your request and I very much look forward to
contributing to the work of the panel on this critically important issue).
35
Id. (Dick Shinnick has accepted as the fifth member of the Panel).
36
Mills Testimony at 138.
37
Email from Jacob J. Sullivan, Deputy Chief of Staff and Dir. of Policy Planning, U.S.
Dept of State, to William Burns, Deputy Secy of State, U.S. Dept of State (Sept. 18,
2012, 9:35 AM) (on file with the Committee, SCB0057775) (containing exchange from
William Burns to Cheryl Mills and Patrick Kennedy).
34
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ing the news about Catherine Bertini with the senior staff, Mills also relayed the news to the Secretary. 38 Mills explained to the Committee:
We certainly apprised her that it looked like we had a team of
five that represented a balance of those who understood diplomacy, who understand national security, who understood what it
meant to operate in environments that were insecure, and that we
thought the balance of who we had identified met that criteria.39
ARB Executive Secretary
The senior staffs involvement in the ARB process also extended to selecting the Executive Secretary to the ARB. According to the State Departments regulations, the Executive Secretary to the ARB is considered
to be part of the ARB staff and serves to coordinate and facilitate the
work of that Board. 40 On September 25, 2012, the Managing Director
wrote Mull and his Deputy:
I would appreciate knowing how this ARB is going to work
since it is not going in the normal way. Can we talk this morning
or tomorrow morning about the roles and responsibilities? 41
The Managing Director explained to the Committee: I was a little bit
concerned about being behind the tide. 42 I was hungry for information
myself. 43 She described her normal responsibilities with regard to selecting the Executive Secretary to the ARB:
A: [W]hat I normally do is go to our H.R. Bureau and see who is
available at the senior ranks to take on a function such as this.
Q: And what does the Executive Secretary to the ARB do?
A: They arrange the meetings. They make sure that the board has
access to the Department for interviews and, you know, because
usually these people are removed from the Department, you
38
Email from Cheryl Mills, Chief of Staff and Counselor, U.S. Dept of State, to H (Sept.
28, 2012, 2:46 PM) (Subject: FYI) (on filed with the Committee, SCB0045509).
39
Mills Testimony at 141.
40
12 FAM 032.3b.
41
Email from Managing Director, Office of Management Policy, Rightsizing and Innovation to Stephen Mull, Exec. Secy, Office of the Secretariat, U.S. Dept of State (Sept. 25,
2012, 7:58 AM) (on file with the Committee, SCB0093148).
42
M/PRI Managing Director Testimony at 32.
43
Id. at 33.
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44
Id.
Email from Stephen Mull, Exec. Secy, Office of the Secretariat, U.S. Dept of State, to
William Burns, Deputy Secy, U.S. Dept of State (Sept. 21, 2012, 8:45 AM) (Subject:
re: Uzra/ARB) (on file with the Committee, SCB0057773).
45
K-12
when she reached out to people, when she did that, people responded. 46
On September 22, 2012, Burns conveyed Uzra Zeyas decision to serve
as Executive Secretary to Mills stating:
Hi,
Uzra has agreed to serve as Exec Secretary of ARB. Shell call
Steve to let him know.
We talked at length about this, and she is comfortable with decision, for all the right reasons. Shell do a great job.47
Documents Reviewed By the ARB
The ARB panels primary sources of information were documents and
witness interviews. 48 Documents were collected from State Department
personnel with information relevant to the Boards examination of these
incidents. 49 Even before the ARB was convened, the Bureau of Legislative Affairs, with oversight from Mills, put in place a system to transmit,
store, and review documents relevant to the myriad requests for information, including Congress, Freedom of Information [FOIA], and the
ARB. 50 The Deputy Director, Office of Maghreb Affairs, Bureau of Near
Eastern Affairs, described the process for submitting documents:
A: There was a request to produce documents I think that we
were given, you know, kind of the general search terms to look
for and scan in our computer and files.
46
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51
K-14
It had started before that weekend, but DAS Dibble learned of it,
or she realized there wasn't an NEA participant on that Saturday,
so she called me and I went in the following morning, yeah.
Q: And did you go any other days other than that Saturday morning? Were you also there on Sunday? Did you continue on Monday?
A: I went in on Sunday and Monday and then through that first
week, and then I helped develop a rotation schedule for other
colleagues from NEA to kind of make sure we had an NEA colleague. There were colleagues from DS and IRM. You know,
other subject matter experts were in the room as well, kind of
looking and looking at documents for I can't recall how long that
lasted, but I helped develop the work schedule.
***
I was primarily focused myself on redacting names and titles of
individuals who were private citizens, either Libyan, American,
U.N. staff, other internationals who were in Libya doing work,
because they were talking to American diplomats. That's a sensitive thing that could endanger people if that's generally known in
some circumstances. So that's primarily what I was recommending redacting. And then I also recommended redacting the names
of junior people who were drafting emails or cables as well. 52
Mills involvement in the process was described by Charlene Lamb, Deputy Assistant Secretary, Bureau of Diplomatic Security. Lamb testified:
She [Mills]it was my understanding, she was responsible for
getting all of the documents that were being requested inand
compiled in, you know, organizing the documents so they made
sense, and making sure nothing got left out.
Because Mills is not a security expert, she had a lot of questions
about security policies, procedures, you know, what was routine,
what was done under exigent circumstances. So there were several DS [Diplomatic Security] people there, not just myself, that
52
Id. at 101.
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53
Testimony of Charlene Lamb, Deputy Asst Secy of State for Diplomatic Security,
Intl Programs, Tr. at 108 (Jan. 7, 2016) [hereinafter Lamb Testimony] (on file with the
Committee).
54
Mills Testimony at 182.
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ring on February 13, 2015, June 25, 2015, and September 25, 2015
well after the conclusion of the Benghazi ARB. Furthermore, it is unclear
whether the ARB had access to the more than 60,000 pages of senior
leader records produced separately to the Committee during its investigation. 58 This was further corroborated by Jacob Sullivan, Deputy Chief of
Staff and Director of Policy Planning, who told the Committee:
Q: Did you provide any documents to the ARB?
A: I dont think they asked me for any documents, so I dont
think I provided any. 59
The State Department informed the Committee, Department records for
senior officials are stored separately. 60 This includes a separate email
system, which until February 2015 did not have archiving capability. 61
Unless separate searches were conducted by State Department personnel
on these systems and personnel saved their emails, senior leader emails
and records would not have been accessible by the ARB panel.62
Subpoena for ARB documents
Like previous Congresses, the Committee sought access to the underlying documents reviewed by the ARB to better understand the ARB panels review and findings. The documents sought are required by law to be
physically separated and stored by the State Department and should be
easily accessible by the State Department. 63 Congress issued its first subpoena for documents reviewed by the ARB on August 1, 2013. 64 No
documents were produced. On January 28, 2015, the Committee reissued
the subpoena for ARB documents. 65
58
This number excludes the approximately 4,300 pages of documents produced to the
Committee.
59
Sullivan Testimony at 82.
60
April 10, 2015 meeting with the Director of the Office of Executive Secretariat.
61
Id.
62
Id.
63
22 U.S.C. 4833(c) (the statute contemplates that ARB records will become publically
available following the conclusion of its work).
64
August 1, 2013 subpoena to John F. Kerry, Secretary of State seeking all documents
provided by the Department of State to the Accountability Review Board convened to
examine the facts and circumstances surrounding the September 11-12, 2012 attacks on
U.S. facilities in Benghazi, Libya and all documents and communications referring or
relating to ARB interviews or meetings, including but not limited to notes or summaries
prepared during and after any ARB interview or meeting.
65
See January 28, 2015 subpoena issued to John F. Kerry seeking:
K-18
Almost two and a half years after Congress issued its first subpoena in
2013, the State Department for the first time produced an ARB recorda
four page interview summary for a witness who was scheduled to appear
before the Committee the following day. 66 The State Department maintained this posture over the next several weeks with the production of
one or two ARB interview summaries, totaling 38 pages, each provided
less than a week before the Committees interviews.67 It was not until
April 15, 2015, the State Department produced a larger trove of ARB
documents consisting of 1,758 pages. On April 24, 2015, the State Department produced another 2,523 pages of documents. Accompanying
the April 24, 2015, production was a letter stating:
[t]his production, together with our production on April 15,
2015, constitutes our delivery of ARB documents that were
physically set aside following the ARBs completion and archived. In addition to these materials, the Department searched
for and included in this production, as responsive to your subpoenas second a request, a small number of interview summaries that had not been stored within these physically set aside
files. 68
Although the State Department produced 4,319 pages to the Committee,
previous statements by the State Department that the ARB reviewed
7,000 State Department documents numbering thousands of pages
suggest the Committee does not have all the documents reviewed by the
ARB. 69 Moreover, the State Department by its own admission withheld a
number of documents from the Committee. On April 24, 2015, the State
Department informed the Committee a small number of documents
1. all documents and communications produced by the Department of State to the Accountability Review Board (ARB or the ARB) convened to examine the facts and
circumstances surrounding the September 11-12, 2012 attacks on U.S. facilities in
Benghazi Libya.
2. All documents and communications referring or relating to the ARB interviews or
meetings, including but not limited to, notes or summaries prepared during and after
any ARB interview or meeting.
66
Letter to Trey Gowdy, Chairman, H. Select Comm. on Benghazi, from Julia E. Frifield,
Asst Secy of State for Leg. Affairs, U.S. Dept of State (Feb.13, 2015) (on file with the
Committee).
67
H. Select Comm. on Benghazi Internal Working Document (on file with the Committee).
68
Letter to Trey Gowdy, Chairman, H. Select Comm. on Benghazi, from Julia E. Frifield,
Asst Secy of State for Leg. Affairs, U.S. Dept of State, (Apr. 24, 2015) (on file with
the Committee).
69
Letter from Thomas B. Gibbons, Acting Asst Secy, Leg. Affairs, U.S. Dept of State,
to Darrell E. Issa, Chairman, H. Comm. on Oversight & Govt Reform (Aug. 23, 2013).
K-19
were being withheld because of executive branch confidentiality interests. 70 The State Departments basis for withholding the documents was
a concocted administrative privilegeone made up entirely by the Administration and not recognized by the Constitution.71 The State Department has yet to explain the discrepancy.
Witness Interviews
The ARB interviewed more than 100 people.72 However, neither the Secretary, nor her inner circle, were interviewed by the ARB. Mullen offered
this explanation:
Q: And, there was no interview of Deputy Secretary Nides or
Secretary Clinton?
A: There was not.
Q: And was there any discussion as to at what level the interviews would not take place at? For example, was there a common excuse me, I'll start over. Was there a decision by the
board not to interview Mr. Nides?
A: There was early on a discussion, and certainly I had a discussion, private discussion with Ambassador Pickering about at
least my expectation, and I would say this was in the first couple
weeks, that this certainly could present the requirement that we
would have to interview everybody up the chain of command,
including the Secretary, and he agreed with that. So the two of us
had sort of set that premise in terms of obviously depending on
what we learned over time, and our requirement to both affix
both responsibility and accountability per se were, again, based
on the facts as we understood them. So there was a consensus,
and it was a universal consensus over time that we did the inter70
Id.
Letter to Trey Gowdy, Chairman, H. Select Comm. on Benghazi, from Julia E. Frifield,
Asst Secy of State for Leg. Affairs, U.S. Dept of State, Apr. 24, 2015 (on file with the
Committee).
72
Press Release, U.S. Dept of State, Briefing on the Accountability Review Board Report (Dec. 19, 2012), http://www.state.gov/r/pa/prs/ps/2012/12/202282.htm (We interviewed more than a hundred people, reviewed thousands of documents, and watched
hours of video. We spoke with people who were on the scene in Benghazi that night, who
were in Tripoli, who were in Washington. We talked to military and intelligence officials,
including to many State Department personnel, and to experts who do not work for the
United States Government.).
71
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K-21
pearance for the State Department, and that wasabout that was
the extent of the conversation. 75
Mills did not recall the conversation about Lamb, telling the Committee:
A: I dont recall it [the conversation with Admiral Mullen], but I
would have no reason to believe that he wouldnt be accurate
about that.
Q: Okay. He related that he told you that Charlene Lamb was not
going to be a good witness for the State Department. Does that
ring a bell with you?
A: No, because if I was aware of that, I might have been
thoughtful about that in all the ways of whichhow we could
best communicate information. But I dont dispute that. Im sure
that if thats his memory that he would be accurately reflecting
what he recalls. 76
Weeks later, Mullen reached out again to Mills and the Secretary to discuss the ARBs work to date. Mullen explained:
So shortly after we met, first couple weeks there were some there
were some things that we could see early that we thought it was
important that the Secretary of State know about, not so much in
terms of what had happened, but steps that we thought she might
want to take initially as opposed to wait weeks or months to see
the results of the board. So we put together a list ofand I honestly can't remember the number, but somewhere between 10 and
20 recommendations for her to take a look at immediately. So,
for example, one of them clearly, because there was a fire issue,
was consider getting breathing apparatuses out to high threat
posts immediately. So there were things like that, and we sent
that list up, and to the best of my knowledge, that's something
that Ambassador Pickering either handed, transmitted to Ms.
Mills and the Secretary.
At the end of the ARB we met with Secretary Clinton for about 2
hours to give her a briefing on what we had come across, and at
least at that point, and we hadn't finished or signed it out, but at
75
76
Id. at 23-24.
Id. at 173.
K-22
K-23
K-24
79
Id. at 187-191.
K-25
80
Email from Thomas Nides, Deputy Secy of State for Management and Resources,
U.S. Dept of State, to Cheryl D. Mills, Chief of Staff, U.S. Dept of State (Nov. 3, 2012
12:26 PM) (on file with the Committee, SCB0058538).
81
Email from Cheryl D. Mills, Chief of Staff, U.S. Dept of State, to Thomas Nides,
Deputy Secy of State for Management and Resources, U.S. Dept of State (Nov. 3, 2012
1:10 PM) (on file with the Committee, SCB 0058537).
82
Unclassified Benghazi Accountability Review Board, U.S. Dept of State [hereinafter
Unclassified ARB].
83
See Finding # 5, id., at 7; see also Classified Accountability Review Board, U.S. Dept
of State, at 10 [hereinafter Classified ARB].
84
See Statement of Admiral Mullen, U.S. Dept of State, Briefing on the Accountability
Review Board Report (Dec. 19, 2012),
http://www.state.gov/r/pa/prs/ps/2012/12/202282 htm; see also Statement of Ambassador
Thomas Pickering, U.S. Dept of State, Briefing on the Accountability Review Board
Report (Dec. 19, 2012), http://www.state.gov/r/pa/prs/ps/2012/12/202282.htm
85
Id.
K-26
86
K-27
Email from Patrick F. Kennedy, Under Secy for Management, U.S. Dept of State, to
Cheryl D. Mills, Chief of Staff and Counselor, U.S. Dept of State (Dec. 13, 2012,10:12
AM) (on file with the Committee, SCB100920).
K-28
K-29
Moreover, the decisions to exclude the Benghazi Mission from the physical security rules were generally made at the Assistant Secretary for
Near Eastern Affairs and Under Secretary for Management levels. The
Benghazi ARB described the flawed process by which Special Mission
Benghazis extension until the end of December 2012 was approved,
determining it was a decision that did not take security considerations
adequately into account. 91 Yet, the ARB failed to ascribe responsibility
to those who drafted and approved the Benghazi Missions 12 month
extension.
The Benghazi ARBs failure to recognize deficiencies at the highest levels of the State Departments leadership is curious. As stated above, the
State Department has been told repeatedly by past ARBs that change is
needed both in its culture and with respect to security. Following two of
the most significant terrorist attacks in State Department history, the Nairobi and Dar es Salaam embassy bombings in 1998, the ARB described
steps the State Department should take to bolster the security of facilities
abroad; chief among them, the application of the security rules at U.S.
diplomatic facilities abroad. The State Department rejected these past
ARB recommendations and excluded the Benghazi Mission from the
security rules.
Furthermore, it is ironic that in the summer of 2009 the State Department
conducted a Quadrennial Diplomacy and Development Review, which
was intended to be a sweeping review of diplomacy and development,
the core missions of the State Department and USAID. 92 The report
came out in December 2010 and was lauded as a sweeping assessment
of how the Department of State could become more efficient, accountable, and effective in a world in which rising powers, growing instability,
and technological transformation create new threats, but also new opportunities. 93 The report cautioned that the State Department must change
in order to:
91
K-30
Id.
House Armed Services Committee, Majority Interim Report: Benghazi Investigation
Update, at 3 (Feb. 2014) (on file with the Committee).
95
K-31
Notwithstanding its findings, the Armed Services Committee acknowledged at the outset the limitations of its report stating This report should
be considered one component of continuing comprehensive Benghazi
related oversight underway in the House of Representatives.97 Moreo96
97
Id. at 2.
Id. at 1.
K-32
ver, the Armed Services Committee recognized the scope of its review of
the terrorist attacks was limited, stating, [i]n keeping with the committees jurisdiction, however, this document addresses only the activities
and actions of personnel in DOD. 98 Finally, the report acknowledged
the committees inquiry continues, staff [will] interview additional
witnesses in coming weeks, including individuals who were involved in
responding to the Benghazi events and other officials. Some individuals
who have already provided information will appear for further questioning and clarification. 99 The Armed Services Committee conducted eight
transcribed interviews after releasing the interim report. 100 The last transcribed interview occurred in April 2014, one month prior to the Select
Committees formation.
CONTENT LIMITATIONS: MAJORITY INTERIM REPORT
The value of information obtained was necessarily limited. Public hearings and briefings typically do not lend themselves to uncovering new
facts or witnesses. The Defense Department was positioned to influence
the content of information presented in these settings. As a result, the
Armed Services Committee was limited in its understanding of the policies and procedures that contributed to the militarys posture prior to and
its response during the September 11-12, 2012, attacks.
For example, the Armed Services Committee had not conducted transcribed interviews of the top military officials prior to its 2014 report to
understand the discrepancies in the discussions that took place during the
September 10, 2012, meeting with the White House regarding the nations preparedness and security posture on September 11, 2012.101 It did
not interview Secretary Panetta to discuss his December 2011 trip to
Libya, his understanding of the Benghazi Mission compound, and his
role in the militarys responsespecially why only one asset made it to
Libya more than 24 hours after his verbal order to deploy the Commanders in Extremis Force, special operations forces located in the United
States, and two Fleet Antiterrorism Security Teams including one to
Benghazi and one to Tripoli. 102 Further, it did not interview many military personnel on the ground at the installations and intermediate staging
bases in Europe to understand the orders given and status of assets on
September 11-12, 2012. Finally, the Armed Services Committee did not
98
Id.
Id. at 4.
100
Committee on Armed Services: Benghazi Materials, p. 5.
101
Id. at 7.
102
Id. at 16.
99
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The Select Committee sought to answer these and other important questions based on all the evidence presented not just the facts as presented
by Defense Department. At the Select Committees insistence, it conducted 24 interviews, 16 of whom had never been interviewed. The Select Committee also received approximately 900 pages of documents
never before produced to Congress. The Select Committees insistence
on additional information was met with opposition from the Defense Department, a department seemingly more used to dictating the terms of
congressional oversight. From the perspective of the Defense Department, the Select Committee should have been satisfied with the witnesses and documents it provided. For example, the Defense Department
chided the Committee for wanting to speak to a low-level service member that may have evidence contradicting the Departments version of
events. In the Departments view, however, locating these types of individuals are [sic] not necessary since such claims are easily dismissed by
any one of the multiple high-level military officers already interviewed.
The Select Committee, however, was not in the business of accepting the
word of anyone single person, high-level military officers or otherwise. The Select Committee was interested in finding and confirming
facts wherever those facts emerged to understanding the truth about the
militarys role on the night of September 11-12, 2012.
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K-35
In short, the Select Committee has had access to and received evidence
from numerous witnesses and documents that the Intelligence Committee
never obtained. It has had the time and resources to inquire into the intelligence efforts before, during and after the attacks in Benghazi. This
Committee believes this report provides a truly thorough review of the
intelligence communitys performance related to the attacks.
Appendix L
BIOGRAPHIES OF GLEN A. DOHERTY, SEAN P. SMITH, J.
CHRISTOPHER STEVENS, AND TYRONE S. WOODS
Glen A. Doherty
Glen Doherty (born 1970) was a personal security specialist serving in
Libya. He was raised in Massachusetts and joined the Navy SEALS in
1995 and became a paramedic and sniper specializing in the Middle East.
He responded to the attack on the USS Cole in 2000 and served two tours
in Iraq. After a decorated Navy career, Mr. Doherty worked as a private
security contractor in a number of countries, including Afghanistan, Pakistan, and Yemen.
Sean P. Smith
Sean Patrick Smith (born 1978) was an Information Management Officer
with the United States Foreign Service. He lived in The Hague, Netherlands and was on temporary duty to Benghazi in September 2012.
Smith previously served in the Air Force, where he spent six years as a
ground radio maintenance specialist, including a deployment to Oman.
Smith was awarded the Air Force Commendation Medal.
Smith was an only child and grew up in San Diego. As a Foreign Service
employee, he lived in The Hague, Netherlands, with his wife and two
children.
He was posthumously awarded the Thomas Jefferson Star for Foreign
Service on May 3, 2013.
J. Christopher Stevens
Ambassador J. Christopher Stevens (born 1960) served as U.S. Ambassador to Libya from May 2012 to September 2012. He had previously
served in Libya as the Deputy Chief of Mission from 2007 to 2009 and
as the Special Representative to the Libyan Transitional National Council from March 2011 to November 2011. Stevens also served overseas in
Jerusalem, Cairo, and Riyadh.
L-2
While in Washington, Stevens served as Director of the Office of Multilateral Nuclear and Security Affairs; Pearson Fellow with the Senate
Foreign Relations Committee; special assistant to the Under Secretary
for Political Affairs; Iran desk officer; and staff assistant in the Bureau of
Near Eastern Affairs.
Prior to joining the Foreign Service in 1991, Ambassador Stevens was an
international trade lawyer in Washington, DC. From 1983 to 1985 he
taught English as a Peace Corps volunteer in Morocco.
He was born and raised in northern California. He earned his undergraduate degree at the University of California at Berkeley in 1982, a J.D.
from the University of Californias Hastings College of Law in 1989, and
an M.S. from the National War College in 2010. He spoke Arabic and
French.
Tyrone S. Woods
Tyrone Woods (born 1971) was a personal security specialist in Libya.
He was a highly decorated Navy SEAL for almost twenty years, serving
in various locations, including Iraq. After his retirement in 2010, he protected U.S. facilities around the world.
Woods was raised in Portland, Oregon, and was an avid runner, surfer,
and car enthusiast in addition to being a registered nurse and certified
paramedic. He is survived by his wife and three sons.
SUMMARY OF CONCLUSIONS
I.
The First Victim of War is Truth: The administration
misled the public about the events in Benghazi
Officials at the State Department, including Secretary Clinton, learned
almost in real time that the attack in Benghazi was a terrorist attack. With
the presidential election just 56 days away, rather than tell the American
people the truth and increase the risk of losing an election, the
administration told one story privately and a different story publicly.
They publicly blamed the deaths on a video-inspired protest they knew
had never occurred.
II.
Last Clear Chance: Security in Benghazi was woefully
inadequate and Secretary Clinton failed to lead
The State Department has many posts but Libya and Benghazi were
different. After Qhaddafi, the U.S. knew that we could not count on host
nation security in a country where militias held significant power. The
American people expect that when the government sends our
representatives into such dangerous places they receive adequate
protection. Secretary Clinton paid special attention to Libya. She sent
Ambassador Stevens there. Yet, in August 2012, she missed the last,
clear chance to protect her people.
III.
Failure of Will: America did not move heaven
and earth to rescue our people
The American people expect their government to make every effort to
help those we put in harms way when they find themselves in trouble.
The U.S. military never sent assets to help rescue those fighting in
Benghazi and never made it into Libya with personnel during the attack.
And, contrary to the administrations claim that it could not have landed
in Benghazi in time to help, the administration never directed men or
machines into Benghazi.
IV.
Justice Denied: The administration broke its
promise to bring the terrorists to justice
After the attacks, President Obama promised justice will be done.
There is no doubt our nation can make good on that commitment. Yet,
almost four years later, only one of the terrorists has been captured and
brought to the United States to face criminal charges. Even that terrorist
will not receive the full measure of justice after the administration chose
not to seek the death penalty. The American people are owed an
explanation.
V.
Unanswered Questions: The administration did not
cooperate with the investigation
Despite its claims, we saw no evidence that the administration held a
sincere interest in helping the Committee find the truth about Benghazi.
There is a time for politics and a time to set politics aside. A national
tragedy is one of those times when as a nation we should join together to
find the truth. That did not happen here. So while the investigation
uncovered new information, we nonetheless end the Committees
investigation without many of the facts, especially those involving the
President and the White House, we were chartered to obtain.
ii
INTRODUCTION
Yet tonight, we take comfort in knowing
that the tide of war is receding.
Barack Obama
President of the United States 1
The writer F. Scott Fitzgerald once observed, Show me a hero and I will
write you a tragedy. The September 11, 2012 Benghazi attack showed
America not one but many heroesamong them Ambassador
Christopher Stevens, Tyrone Woods, Sean Smith, and Glen Doherty. The
story of Benghazi is their tragic storywhich ultimately is the story of
four deaths that never should have happened. America owes its people
especially those that work to advance our interests and the interests of
freedom around the worldits utmost protection. We failed those
Americans in Benghazi.
This is not only the tragic story of two men who died trying to bring
freedom to the people of a foreign nation and two others who died trying
to save them. It is also the story of a State Department seemingly more
concerned with politics and Secretary Clintons legacy than with
protecting its people in Benghazi. It is the story of how the best military
in the world never reached Benghazi with men or machines, leaving
fellow Americans to fight, and die, alone. And it is the story of an
administration so focused on the next election that it lost sight of its duty
to tell the American people the truth about what had happened that night.
For the men on the ground in Benghazi, the terrorist attack began at 9:42
p.m. and the threat continued for hours until the planes carrying them and
the bodies of the four murdered Americans left Benghazi. For the
terrorists the attack was also continuous. It was a plan executed in
multiple phases that began at the State facility. It continued when the
terrorists ambushed the Americans en route to the Annex. The attack
continued with multiple assaults on the Annex culminating with deadly
mortar fire. According to the Department of Justice, the mission was
See United States v. Ahmed Salim Faraj Abu Khatallah, No. 14-CR-00141
(D.D.C filed Oct. 14, 2014), Indictment at 6, (hereafter Khatallah Indictment).
Letter from W. Neil Eggleston, White House Counsel, to Rep. Trey Gowdy,
Chairman, Select Committee on the Events Surrounding the 2012 Terrorist
Attack in Benghazi (the Committee) (Jan. 23, 2015) (on file with the
Committee).
For example, the report issued by the House Permanent Select Committee on
Intelligence concluded that Ambassador Rices September 16 public statements
about the existence of a protest, as well as some of the underlying intelligence
reports, proved to be inaccurate. See INVESTIGATIVE REPORT ON THE
TERRORIST ATTACKS ON U.S. FACILITIES IN BENGHAZI, LIBYA, SEPTEMBER 1112, 2012 (report by Chm. Rogers and Ranking Member Ruppersberger,
Members, H. Perm. Select Comm. on Intel.) (Comm. Print 2014).
6
E-mail from Senior Advisor for Strategic Communications, State Dept, Near
Eastern Affairs Bureau to various (Sept. 17, 2012) (on file with the Committee,
C05580618).
7
See Press Release, Barack Obama, President of the United States, Remarks by
the President on the Death of Muammar Qaddafi (Oct. 20, 2011),
https://www.whitehouse.gov/the-press-office/2011/10/20/remarks-presidentdeath-muammar-qaddafi.
match for factsnor the basis for a sound foreign policy. The facts
remain and the tide of war goes in and out. And it was still rising in
Libya in September 2012 as Secretary Clinton and the President stood
idle.
What follows are the views of two members of this Committee. We
choose to add these additional views not to question the Committees full
report. Rather, we write separately to highlight those facts and
conclusions uncovered by our investigation that we consider most
important to a full understanding of the tragedy that is Benghazi.
I.
THE FIRST CASUALTY OF WAR IS TRUTH: HOW THE
ADMINISTRATION MISLED THE PUBLIC ABOUT
THE BENGHAZI ATTACK
Was it because of a protest? Or was it because of guys out for a walk
one night and decided they would go kill some Americans?
What difference at this point does it make?
Hillary Rodham Clinton
Secretary of State 10
It began the night of September 11, 2012 and continued for nearly two
weeks after. The administration made statements about Benghazi that led
the public to believe the attack began spontaneously as a protest over an
anti-Islamic video circulating on the Internet. It was, they said, the same
video that had sparked demonstrations in Cairo earlier that day. The first
statement came from Secretary Clinton. More would follow, from the
President, from Ambassador Rice, and from others. Each seemed to
blame the murders on a video and a protest.
Yet, in truth, no protest had occurred in Benghazi that night. And even
today no clear link between the video and the attack exists. In fact, in the
10
Benghazi: The Attacks and the Lessons Learned Before the S. Comm. on
Foreign Affairs, 113th Cong. at 28 (2013) (testimony of Hillary Rodham Clinton,
Secy of State), http://www.cnn.com/TRANSCRIPTS/1301/23/se.01.html).
Oddly, even well after the fact Secretary Clinton continues the false narrative by
leaving out of her answer any reference to it having been a planned terrorist
attack.
The statement that begins this sectionthe first casualty of war is truthis
typically attributed to the late California Senator Hiram Johnson (1866-1945),
albeit in a slightly different form.
12
For example, just 5 days before the attack, the President in his nationallytelevised speech said the following about the war on terror:
Vice President Biden put it just days before the attack, Osama bin
Laden is dead, and General Motors is alive. It was a powerful political
argument, but the tide of war continued to roll in.
September 11, 2012 threatened to take the Presidents national security
argument away. The Romney campaign and others seized on the attack
as evidence of a failed policy and criticized the administrations seeming
refusal to call the attackers terrorists. To many, Benghazi represented a
potential October surprise that could impact the Presidents re-election
bid. 13 As one publication put it, with the American Presidential election
only two months away, the murder of four American diplomats could be
a game changer so far as Mr. Obamas re-election prospects are
concerned. 14
The President had a political problem. And his advisors saw it
immediately. In fact, the election entered the discussion before the attack
even ended. Sometime before 10:35 p.m. on the night of September 11,
2012, Victoria Nuland, the State Departments spokesperson, sent an
email to two other high level Clinton aides, Jacob Sullivan and Phillipe
Reines:
See, e.g., Craig Unger, GOPs October Surprise? Source reveals Jimmy
Carter Strategy to make Obama Seem weak on defense in campaigns final
month, Salon (Oct. 1, 2012), http://www.salon.com/2012/10/01/gops_october
_surprise/.
14
15
When asked on the night of the attack whether he knew of any connection
between what had occurred in Cairo and what had occurred in Benghazi,
Rhodes testified, I did not, other than the fact that both events took place in
proximity to one another. See Transcript of Interview of Benjamin Rhodes,
Deputy National Security Advisor for Strategic Communications, White House
National Security Council at 13 (Feb. 2, 2016) (on file with the Committee).
17
18
19
E-mail from Jacob Sullivan to Cheryl Mills, State Dept Chief of Staff (Aug.
21, 2011) (on file with the Committee, SCB0075905).
10
E-mail from Sidney Blumenthal to Hillary Rodham Clinton (Aug. 22, 2011)
(emphasis added) (as we now know and as Secretary Gates has pointed, out the
day after Qhaddafi fell called for far more planning than whatever) (on file
with the Committee, BLU-094).
21
11
22
12
(NEA) Beth Jones 26 and also spoke to Secretary Clinton and other top
State Department officials that night.27 When asked later whether he
would have expected Ambassador Stevens and the security officers in
Benghazi to report a protest if it had occurred, Hicks said:
Absolutely, I mean, were talking about both security
officers who know their trade, even though they are
brand new, and one of the finest political officers in the
history of the Foreign Service. You know, for there to
have been a demonstration on Chris Stevens front
door and him not to have reported it is unbelievable.
And secondly, if he had reported it, he would have been
out the back door within minutes of any demonstration
appearing anywhere near that facility. And there was a
back gate to the facility, and, you know, it worked. 28
Days later, one member of the State Departments Diplomatic Security
Command Center on duty the night of the attack was asked by a
colleague whether a protest had been reported prior to the attack. His
response left little doubt: Zip, nothing nada. 29 That same person in a
Terrorism Event Notification emailed out the morning of September
12, 2012 described the event just as clearly: It was a full on attack
26
27
See Dept of State, Watch Log, Operations Center (Sept. 11, 2012) (showing
call at 7:05 p.m. between Hicks and Secretary Clinton, Deputy Secretary
Thomas Nides, Under Secretary Patrick Kennedy, Under Secretary Wendy
Sherman, Chief of Staff Cheryl Mills, Deputy Chief of Staff and Director Jacob
Sullivan, Spokesperson Victoria Nuland, and Acting Assistant Secretary for
Near Eastern Affairs Beth Jones (on file with the Committee, C05872462).
28
E-mail from DS Agent #30 to DS Agent (Sept. 18, 2012) (on file with the
Committee, C05390678).
13
30
E-mail from DS Agent #30 to various (Sept. 12, 2012) (on file with the
Committee, C05389586)
31
14
C.
Public vs. Private Timeline
9/11Public Statements
Secretary Clintons 10:08 p.m. Statement on the Attack in Benghazi:
I condemn in the strongest terms the attack on our mission in Benghazi
today. * * * Some have sought to justify this vicious behavior as a
response to inflammatory material posted on the Internet.32
9/11Private Statements
Secretary Clintons Call Sheet for call with President of Libya
Mohammed al Magariaf at 6:49 p.m.:
Under heading Purpose of Call notes that Secretary should
urge Mr. Magariaf to respond urgently to the attack against the
U.S. Mission Benghazi, and security threats against U.S.
Embassy Tripoli. No mention of a protest or video. 33
Summary of Call between Secretary Clinton and President
Magariaf:
[O]ur diplomatic mission was attacked[.] . . . [T]here is a gun
battle ongoing, which I understand Ansar as-Sharia [sic] is
claiming responsibility for. 34 No mention of protest or video.
Secretary Clintons E-mail to daughter at 11:23 p.m.:
Two of our officers were killed in Benghazi by an Al Quedalike [sic] group[.] 35
32
33
See The Secretarys Call Sheet for Libyan General National Congress
President Mohammed al Magariaf (Sept. 11, 2012) (on file with the Committee,
C05580497).
34
35
E-mail from Hillary Rodham Clinton to Diane Reynolds (Sept. 11, 2012)
(on file with the Committee, C05794191).
15
9/12Public Statements
Secretary Clintons Remarks on the Deaths of American Personnel in
Benghazi, Libya morning of September 12, 2012:
We are working to determine the precise motivations and methods of
those who carried out this assault. Some have sought to justify this
vicious behavior, along with the protest that took place at our Embassy in
Cairo yesterday, as a response to inflammatory material posted on the
internet. 36
9/12Private Statements
Summary of Discussion between Acting Assistant Secretary
Beth Jones and Libyan Ambassador Aujali at 9:45 a.m.:
I told him that the group that conducted the attacksAnsar Al
Shariais affiliated with Islamic extremists.37
Jacob Sullivan in e-mail to embassy in Kabul, Afghanistan:
There was not really violence in Egypt [and] we are not
saying that the violence in Libya erupted over inflammatory
videos. 38
Secretary Clintons Statements to Egyptian Prime Minister
Kandil at 3:04 p.m.:
We know that the attack in Libya had nothing to do with the
film. It was a planned attack not a protest. . . . Based on the
information we saw today we believe the group that claimed
responsibility for this was affiliated with al Qaeda.39
36
E-mail from Jacob Sullivan to Benjamin Rhodes and others (Sept.12, 2012)
(emphasis added) (on file with the Committee, SCB0066195).
39
16
E-mail from Joy E. Drucker to various (Sept. 13, 2012) (forwarding notes
from call between Patrick Kennedy and congressional staff that began at 6:30
p.m. September 12, 2012) (on file with the Committee, C05580110).
41
17
9/13Private Statements
Summary of call between State Department Deputy Secretary
Thomas Nides and Egyptian ambassador to U.S.:
Nides said he understood the difference between the targeted
attack in Libya and the way the protest escalated in Egypt. 42
9/14Public Statements
White House Spokesman Jay Carney during press conference
answering question about Benghazi:
We have no information to suggest that it was a preplanned attack. The
unrest weve seen around the region has been in reaction to a video that
Muslims, many Muslims find offensive. And while the violence is
reprehensible and unjustified, it is not a reaction to the 9/11 anniversary
that we know of, or to U.S. policy. 43
E-mail from White House Advisor Benjamin Rhodes:
Under heading Goals he wrote To underscore that these protests are
rooted in an Internet video, and not a broader failure of policy[.]44
Return of remains ceremony statement to father of Tyrone Woods
recorded in diary:
"I gave Hillary a hug and shook her hand, and she said we are going to
have the filmmaker arrested who was responsible for the death of my
son." 45
September 13, 2012,
2012/09/197711 htm.
http://www.state.gov/secretary/20092013clinton/rm/
42
E-mail from State Dept Operations Officer to State Dept Official (Sept. 13,
2012) (on file with the Committee, C05562242).
43
See Fox News Insider, Father of Benghazi Victim Reveals Journal Entry
Documenting Meeting With Hillary, YOUTUBE (Jan. 13, 2016),
http://www.youtube.com/watch?v=dMx0huMabos.
18
46
See Fox Business, Benghazi Victims Mom: Hillary Needs to Tell Me the
Truth! (Mar. 10, 2016) (available here http://www foxbusiness.com/
features/2016/03/10/benghazi-victims-mom-hillary-needs-to-tell-me-truth html).
47
E-mail from Public Affairs Officer, U.S. Embassy Libya to Senior Advisor for
Strategic Communications, Near Eastern Affairs Bureau, NEA-Libya Desk,
Gregory Hicks, Deputy in Charge of Libya Mission, and others (Sept. 14, 2012
at 6:43 p.m.) (on file with the Committee, C05396788).
19
profound respect for people of all faiths. We stand for religious freedom.
And we reject the denigration of any religion including Islam. 48
9/15Private Statements
Secretary Clintons call with Prime Minister-Elect of Libya:
Makes no mention of either a protest or the video.49
9/16Public Statements
Ambassador Rice on Fox News With Chris Wallace
But we don't see at this point signs this was a coordinated plan,
premeditated attack. 50
9/16Private Statements
Excerpt from Embassy Tripoli Media Report September 16,
2012
[T]here is evidence that suggests that the second confrontation
at the UM missions safe house could not have happened without
insider knowledge or some degree of organization. This goes
against statements that the attacks were not carried out by a
single group but by an angry multitude protesting[.] 51
48
E-mail from State Dept officer to S_CallNotes (Sept. 15, 2012) (notes of call
between Secretary Clinton and Libyan Prime Minister-elect Abu Shagur) (on
file with the Committee, C05561908).
50
Transcript of Interview of Amb. Susan Rice on Fox News Sunday with Chris
Wallace (Sept. 16, 2012).
51
E-mail from Public Affairs Officer, U.S. Embassy Libya to Senior Advisor for
Strategic Communications, Near Eastern Affairs Bureau, Senior Libyan Desk
Officer, Near Eastern Affairs Bureau, and others (Sept. 16, 2012) (attacking
Tripoli Media Report for Sept. 16, 2012) (on file with the Committee,
C05396830).
20
9/17Public Statements
Excerpt from State Department Daily Press Briefing:
Ambassador Rice, in her comments on every network over the
weekend, was very clear, very precise, about what our initial assessment
of what happened is. . . . I dont have anything to give you beyond
that. 52
9/17Private Statements
Excerpt from e-mail discussion between members of NEA press
office about what to say about attack:
NEA Press Officer Suggested the following language:
The currently available information suggests the
demonstrations in Benghazi were spontaneously inspired by the
protests of the US Embassy in Cairo and evolved into a direct
assault[.]
Senior Libya Desk Officer, Near Eastern Affairs Bureau
responding to suggested language:
I really hope this was revised. I dont think we should go on
the record on this. 53
9/18Public Statements
Excerpt from White House Press Briefing by Press Secretary Jay
Carney:
. . . I would point you to what Ambassador Rice said and others have said
about what we know thus far about the video and its influence on the
protests that occurred in Cairo, in Benghazi and elsewhere.
52
State Dept of State, Daily Press Briefing September 17, 2012, Victoria
Nuland, State Dept Spokesperson, http://www.state.gov/r/pa/prs/dpb
/2012/09/197821.htm.
53
21
9/18Private Statements
Deputy Director of CIA Michael Morell in written statement to
House Permanent Select Committee on Intelligence:
The critically important point is that the analysts considered this
a terrorist attack from the very beginning. 54
E-mail exchange between State Department security officers
commenting on news article titled White House sees no sign
Libya attack premeditated:
DS Agent #30: Can you believe this?
DS Agent: Was there any rioting in Benghazi reported prior to
the attack?
DS Agent #30: Zip, nothing nada 55
9/19Public Statements
From ALDACa worldwide cablefrom Secretary Clinton to all
U.S. Embassies drafted by Deputy Chief of Staff Jacob Sullivan:
Since September 11, 2012, there have been widespread protests and
violence against U.S. and some other diplomatic posts across the Muslim
world. The proximate cause of the violence was the release by
individuals in the United States of the video trailer for a film that many
Muslims find offensive. Diplomatic compounds have been breached in
several countries including Libya, Egypt, Tunisia, and Yemen. In
Benghazi, Libya four U.S. personnel were killed in the violence[.] 56
The administration, including Secretary Clinton, knew that Benghazi was
a terrorist attackfrom witness accounts, from their understanding of the
history of violence in Benghazi, and from the nature of the well-planned,
54
Michael Morell, Former Acting Director and Deputy Director of the CIA,
Written Statement for the Record before the H. Perm. Select Comm. on Intel.
(April 2, 2014).
55
E-mail from DS Agent #30 to DS Agent (Sept. 18, 2012) (on file with the
Committee, C05389586).
56
22
complex attack. Yet, they led the public to believe the video and a protest
were to blame in Benghazi.
9/20Public Statements
Excerpt from interview of the President on Univision Town Hall:
In response to the question, We have reports that the White House said
today that the attacks in Libya were a terrorist attack. Do you have
information indicating that it was Iran, or al Qaeda was behind
organizing the protests? the President answered, [W]ere still doing an
investigation[.] . . . What we do know is that the natural protests that
arose because of the outrage over the video were used as an excuse by
extremists to see if they can also directly harm U.S. interests[.] 57
Secretary Clinton has since blamed her statements on changing
information received from U.S. intelligence reports. She and others have
claimed that the 10:08 p.m. statement was not meant to ascribe a motive
to the attack. Yet, Sullivan knew the morning of September 12thbased
on the press release from the embassy in Kabulthat people had heard it
exactly that way. Moreover, whether or not the intelligence information
changed, Secretary Clintons public and private statements remained
unchangedpublicly tying Benghazi and Cairo together and privately
recognizing the violence in Benghazi was a terrorist attack with nothing
to do with a protest or video.
Moreover, to the extent any intelligence analysis incorrectly reported on
a protest or a video in connection with Benghazi, Secretary Clinton and
other State officials, who knew better, simply ignored them. As just one
example, in her conversation September 15, 2012 with the president of
Libya, Secretary Clinton made no mention of anything in the CIA talking
points that administration officials later claimed were the best assessment
available at the time, and those talking points made no mention of a
video in connection with Benghazi. In short, Secretary Clinton and the
administration knew better than to rely on flawed intelligence reports.
Intelligence assessments may have changed. News reports may have
changed. But the eye witness accounts remained sameand not one said
a protest had occurred. Yet, once Secretary Clinton and Ben Rhodes set
the message, the truth became an afterthought.
57
Press Release, Remarks by the President at Univision Town Hall with Jorge
Ramos
and
Maria
Elena
Salinas
(Sept.
20,
2012),
https://www.whitehouse.gov/the-press-office/2012/09/20/remarks-presidentunivision-town-hall-jorge-ramos-and-maria-elena-salina (emphasis added).
23
D.
Ambassador Rice Faces the Nation
On September 16, 2012, Ambassador Susan Rice appeared on five
Sunday talk shows and blamed Benghazi on the video. She took the
brunt of the criticism for doing so when it finally became public that no
protest had occurred. It is now clear, however, that connecting the video
to Benghazi started far sooner. It began with Secretary Clintons 10:08
p.m. statement the night of the attack. Rice compounded the deception.
While Secretary Clinton and others blurred the line between Cairo and
Benghazi, Ambassador Rice erased it completely.
Ambassador Rice now claims that she did not blame the video for what
occurred in Benghazi. The plain wording of what she said, however,
refutes her testimony to the Committee. She also claims that she simply
relied on the flawed CIA talking points. But even a casual reading of
those talking points shows that she went far beyond what the CIA
preparedin a way that helped the President politically.
The original draft of the CIA talking points included key information that
would have at a minimum pointed to the possibility of a planned terrorist
attack. For example, the initial draft referred to knowing that Islamic
extremists with ties to al-Qaida had taken part in the attack, that there
had been at least five other attacks previously, and that they could not
rule out that individuals had previously surveilled the U.S. facilities. 58
By the final draft, however, officials had stripped out all of that and other
information. It then read simply:
The currently available information suggests that the
demonstrations in Benghazi were spontaneously inspired
by the protests at the U.S. Embassy in Cairo and evolved
into a direct assault against the U.S. diplomatic post and
subsequently its annex. There are indications that
extremists participated in the violent demonstrations.
This assessment may change as additional information is
collected and analyzed and currently available
information continues to be evaluated.
58
24
59
Id.
60
Transcript of Interview, Amb. Susan Rice on Meet the Press (Sept. 16, 2012).
61
62
25
the compound. They went after employee cars as well. 63 No one used or
showed a weapon in Cairo and no American was hurt. In short, Benghazi
was not almost a copycat of what occurred in Cairo and Ambassador
Rice knew it.
Ambassador Rices copycat claim was particularly troubling in light of
the fact that the President said virtually the opposite just days earlier. In
an interview with Steve Kroft of 60 Minutes on September 12, 2012 he
was asked, This has been described as a mob action, but there are
reports that they were very heavily armed with grenades. That doesnt
sound like your normal demonstration. 64 To which the President
responded, As I said, were still investigating exactly what happened. I
dont want to jump the gun on this. But youre right that this is not a
situation that was exactly the same as what happened in Egypt, and my
suspicion is, is that there are folks involved in this who were looking to
target Americans from the start. 65 It is troubling that this portion of the
Presidents answer was deleted from the show that aired on September
23, 2012 and was not made public until just days before the election.
Similarly, on CNNs State of the Union Ambassador Rice, almost
indignant, insisted [f]irst of all, lets be clear about what transpired here.
What happened this week in Cairo, in Benghazi, in many parts of the
region
. . . was a result a direct result of a heinous and offensive
video that was widely disseminated. 66 Again, nowhere in the talking
points did the U.S. Intelligence Community blame the video for what
occurred in Benghazi let alone describe it as a direct result of the
video. When confronted with this, Ambassador Rice seemed to deny the
meaning of the very words she used, claiming that she did not intend[]
to include[] Benghazi in that statement[.] 67
63
E-mail from a State Dept Senior Policy Advisor to Amb. Susan Rice and
others (Sept. 11, 2012) (on file with the Committee, C05390691).
64
Id.
66
Transcript of Interview, Amb. Susan Rice on CNN State of the Union (Sept.
16, 2012).
67
Transcript of Interview of Amb. Susan Rice at 102 (February 2, 2016), (on file
with the Committee).
26
See E-mail from Assistant Regional Security Officer (Sept. 11, 2012) (We
received word from our local guards that this morning they observed a member
of the police force assigned to the [Benghazi] Mission at a construction site
across the street from our main gate taking pictures of our compound. I briefed
the [Ambassador.]) (on file with the Committee, C05271656).
70
71
E-mail from Senior Libyan Desk Offier, NEA to NEA Press Officer (Sept 17,
2012) (on file with the Committee: Doc# C05580617).
27
Id.
73
28
See E-mail from NEA press officer to Bernadette Meehan and others (Sept.
17, 2012) (on file with the Committee, C05578291).
76
Id.
29
II.
LAST CLEAR CHANCE
In August 2012, however, it did not take an expert to see that the State
Department facility in Benghazi should have been closed if additional
security was not to be provided. The location and the risk demanded
Secretary Clintons attention. The Benghazi facility was wholly unique
and there is no evidence that Secretary Clinton asked her expertslet
alone Ambassador Stevens who she personally chose for the position
the hard questions. The robust host-nation security forces that the United
States takes for granted in other countries did not exist in Libya. Rather,
competing militiassome friendly, some notfilled the vacuum left by
40-plus years of Qhaddafis rule. And escalating violence against the
U.S. compound and others in Libya230 incidents since June 2011
alonemade a terrorist attack all but inevitable. These were the facts
known in August 2012. And in August 2012 Secretary Clinton had the
last, clear chance to provide adequate protection or, failing that, to close
the facility and pull our people out. She did neither.
A.
The wild east: Post-Qhaddafi Benghazi
I told him that this was a suicide mission; that there was a very good
chance that everybody here was going to die; that there was absolutely
no ability here to prevent an attack whatever. *** [H]he
said, everybody back here in D.C. knows that people are
going to die in Benghazi, and nobody cares and nobody
is going to care until somebody does die.
State Diplomatic Security Agent #10 77
According to the Diplomatic security agent quoted above, he had this
exchange with the State Departments desk officer for diplomatic
security in the region that covered Libya, shortly after he arrived in
Benghazi on temporary assignment as the regional security officer. The
conversation did not occur days before the attack. It did not occur a
month before the attack. Rather, he gave the warning nearly nine months
77
30
before September 11, 2012 shortly after he arrived in Benghazi. Nor was
his the only warning.
In June 2012, a second Benghazi security official reported on the
increase in extremist activity in Benghazi and described his fear that
we have passed a threshold where we will see more targeting, attacks,
and incidents involving western [sic] targets. 78 The official also listed a
series of very recent attacks and noted that a source had warned of a
group attack on an American facility. 79 He specifically mentioned
[t]argeting [and] attacks by extremist groups particularly in the eastern
portion of Libya[.] 80 These warnings contained troubling information
about possible terrorists trying to learn information about U.S.
facilities. 81
The list of incidents in Benghazi that were reported back to Washington
was long. And it told a compelling story of a city on the brink. To
anyone aware of the conditions, it was not a matter of if but rather
when a terrorist attack on the U.S. compound would occur. The list ran
the gamut from minor to major incidents, including a rocket attack on the
British ambassadors convoy that prompted withdrawal of British
personnel from the city. The incidents included:
78
E-mail from DS Agent #24 to DS Agent #25 (June 14, 2012) (on file with the
Committee, C05388987).
79
Id.
80
Id.
81
E-mail from Diplomatic Security Agent 16 to DS-IP-NEA (Apr. 10, 2012) (on
file with the Committee, SCB0048085).
83
E-mail from OpsNewsTicker to NEWS-Libya (May 22, 2012, 9:06 AM) (on
file with the Committee, C05392368).
31
E-mail from Principal Officer 2, U.S. Dept of State, to John C. Stevens, U.S.
Ambas-sador to Libya, Joan A. Polaschik, Deputy Chief of Mission in Libya,
William V. Roe-buck, Dir. Office of Maghreb Affairs, Bureau of Near Eastern
Affairs, U.S. Dept of State (June 6, 2012, 4:49 AM) (on file with the
Committee, C05393187).
85
87
See Blast and Jailbreak Rock Libya's Benghazi, AlJazeera (Aug. 1, 2012)
(available at http://www.aljazeera.com/news/africa/2012/08/201281818 48269
995.html).
88
Iran Red Crescent Team 'Kidnapped' in Libya, AlJazeera (Jul. 31, 2012),
http://www.aljazeera.com/news/africa/2012/07/201273120552473238 html.
89
See Steven Sotloff, The Bomb Attacks in Libya: Are Gaddafi Loyalists Behind
Them?, Time (Aug. 24, 2012), http://world.time.com/2012/08/24/the-bombattacks-in-libya-are-gaddafi-loyalists-behind-them/.
32
33
decade. The facilitys label did not trump commonsense. Nor did it blind
officials to the deadly attack that to trained professionals appears to have
been all but inevitable, as the security agent quoted above observed
months before. In other words, the State Department cannot hide behind
its regulations. It had an obligation to act yet did far too little to secure
the facility. The question, again, was why?
The same question came from the former Ambassador to Yemen, who
the day after the attack observed:
People are bound to ask how we can send unarmed
civilian diplomats to conduct [U.S. government]
business into a region with no local security forces to
rely on, only a handful of lightly armed [diplomatic
security] agents serving as close protection team, and a
couple dozen local militiamen of questionable pedigree
with AK-47s providing perimeter security. 92
It was a question that the ambassador himself could not even answer: I
would suggest that we begin to think now of how we explain/justify our
presence in these non-permissive environments. 93 To most Americans,
the time to think about justifying a presence in Benghazi and other
dangerous places should have come before, not after, Americans have
died.
So the question remained, what was so important in Benghazi that it
meant risking the lives of Americans in what many appeared to view as a
suicide mission? It is true that American diplomats cannot hide inside
bunkers. That we can never eliminate all risk in diplomacy. That
Benghazi was the seat of the revolution and home to important antiregime leaders. And that the United States was not alone in seeing a good
reason to be there, as other Western countries had done the same. Yet,
other Western countries left and the U.S. stayed. So while all this may be
true, it still begs the essential question: Why Benghazi? The answer that
best fits is politics.
92
Id.
34
B.
Putting Politics Ahead of People: Failing to Close
the Benghazi Compound
It remains unclear why a State Department presence in Benghazi was so
important. What is clear, however, is keeping a facility open there was
important to Secretary Clinton. In addition, on this matter, many
questions remain and much classified information was withheld from the
Committee.
In his interview with Secretary Clinton prior to confirmation as
ambassador to Libya, Secretary Clinton told Ambassador Stevens that
she hoped that Benghazi would become a permanent post. In late July
2012, Ambassador Stevens discussed the issue with his Deputy Chief of
Mission Gregory Hicks. According to Mr. Hicks, during their discussion
Ambassador Stevens said that Secretary Clinton might travel to Libya
again, possibly in October, 94 and that Stevens wanted to have a
deliverable for her trip. That deliverable was to make the mission in
Benghazi permanent.
No matter how important a presence in Benghazi wasto Secretary
Clinton, to the State Department, to the United Statesit should have
become very clear that the risks of staying without more security
outweighed any possible benefit.
On August 17, 2012, Secretary Clinton received a document titled
Information Memo for the Secretary. The memo did not pull punches.
Under the somewhat benign heading Uptick in Violence, Primarily in
Eastern Libya it said, Since May, there has been a spike in violent
incidents, including bombings, abductions, assassinations, and carjackings. 95 The memo, from Acting Assistant Secretary for Near
Eastern Affairs Beth Jones, is quoted at length here:
94
Information Memo for the Secretary from Acting Assistant Secretary Beth
Jones, NEA (Aug. 17, 2012) (on file with the Committee, C05390124).
35
96
Id.
97
Id.
98
Id.
99
Id.
100
Id.
101
Id.
36
Id.
103
Id.
104
Id.
105
37
38
attack. The only support unit that did arrive in Tripolithe Marine
Fleet Anti-Terrorism Support Team or FAST teamwas anything
but fast, and arrived in Libya nearly 24 hours after the attack had begun
and 16-plus hours after the attack ended. In fact, it did not take off until
almost 12 hours after the attack ended. Why? Although a Department of
Defense drone circled overhead in Benghazi during much of the attack,
the military never sent an armed drone that could possibly have changed
the course of events during the hours-long siege, especially as terrorists
pounded the Annex with mortar fire. An armed drone never came. Why?
Like many Americans, the picture we saw of what happened in Benghazi
clashed with our experience and expectations. The brave men and
women who serve this country are the greatest fighting force on earth
with a capability second to none. We as Americans have grown to expect
these men and women to do the near impossible. And time and again
they not only meet our expectations, they surpass them. In fact, we saw
examples of exactly that heroism on the ground in Benghazi that night.
Our brave soldiers were ready, willing, and able to fight for their fellow
countrymen but leaders in Washington held them back. If they had been
given the chance they would have, we have no doubt, as Secretary
Panetta said, taken that hill.
In his testimony before the Committee, Secretary of Defense Panetta said
that at about 6:00 p.m. on September 11th after meeting with the
President, he ordered three assets to deploy: one Marine Fleet AntiTerrorism Support Team or FAST team, one Commanders In Extremis
Force or CIF, and one hostage rescue team based in the United States.
He was clear: My orders were to deploy those forces, period. 108
After his meeting with the President, which lasted less than 30 minutes,
Secretary Panetta had no further contact with the President that night.109
None. It is hard to accept that the Commander in Chief and the Secretary
of Defense had no further contact during the entire unfolding crisis.
Possibly just as startling is that Secretary Panetta and Secretary Clinton
did not speak at all 110 and Secretary Clinton did not speak to the
108
Id. at 48.
39
President until approximately 10:30 p.m., over six hours after the
terrorist attack began and approximately five hours after a U.S.
ambassador went missing. 111 Secretary Clinton spoke to CIA Director
David Petraeus at approximately 5:38 p.m. but not again that night. 112
The meeting (denoted M) and calls (denoted C), or lack thereof,
between the four principalsPresident Obama, Secretary Clinton,
Secretary Panetta, and Director Petraeuslooked like this: 113
We cannot help but contrast the picture painted by the above with the all
hands on deck depicted in the now-famous photo of the President,
Secretary Clinton, Defense Secretary Gates, Director of National
Intelligence Clapper, and other officials huddled in the Situation Room
during the Osama bin Laden raid. Benghazi should have merited the
same level of attention and urgency.
Until now, the public has been told that the military could not have
reached Benghazi in time to helpeither with jet planes, armed drones,
or personnel. Had we seen aircraft in the air flying toward Benghazi
flying toward the sound of gunfire as the military often saysonly to be
recalled mid-flight after hearing that the Americans had left Benghazi
111
See Dept of State, Watch Log, Operations Center (Sept. 11, 2012) (on file
with the Committee, C05872462).
112
Id.
113
40
safely, we may have been willing to accept that explanation. But the
fighter planes and armed drones never left the ground. And, as the chart
below shows, the transport planes carrying the FAST, CIF, and hostage
rescue team did not leave until hours after the attack was over.
The attack began at 9:42 p.m. in Benghazi, 3:42 p.m. in Washington. It
does not appear that Secretary Panetta heard about the attack until
sometime after 4:32 p.m. when the National Military Command Center
was notified and he did not discuss the matter with the President until
approximately 5:00 p.m. From 3:42 p.m. until approximately 10:00 a.m.
the next daynearly 18 hoursno manned U.S. military plane flew on a
mission toward Libya. When the first plane did take off with a Marine
FAST platoon it did not take off until hours after the attack ended and
flew to an intermediate country. The timeline of significant events
compared to when the military assets took off and arrived included the
following: 114
114
All times shown are Eastern time, which is 6 hours behind local time in
Benghazi.
41
42
the FAST team was not sent to help in the fight at the CIA Annex. The
question then became what was sent. And the answer appears to be
nothing. None of the three assets that Secretary Panetta ordered to deploy
were intended to join the fight against terrorists at the Annex.
An asset that could have made a difference would have been armed
drones. And as the Committee learned, it would have been relatively fast
and easy to arm a drone. To date, however, the Committee has not
received a detailed inventory of all armed drone assets available that
night from the Department of Defense. While we understand that
because of time and distance armed drones may not have arrived in time
that does not alter the fact that we did not try.
The military has failed to provide a clear, specific inventory of every
armed aircraftwhether manned or unmannedthat could have flown
to Benghazi during the 7-plus hours from the beginning of the attack to
the mortar rounds hitting the CIA Annex. Instead, the military has
insisted that the Committee simply accept the word of senior military
officers, some without firsthand knowledge of the events, as an adequate
substitute for actual eye witnesses.
One of the clearest examples of the Department of Defenses attempt to
impede the investigation involved one of its legislative affairs officers,
Stephen C. Hedger. Mr. Hedger, appearing to work hand-in-hand with
the minority members, wrote a stinging letter to the Committee attacking
it on multiple frontsattacks that quickly found their way into a
Democrat press release. The letter even went so far as to imply that the
Committees investigative requests had somehow impaired our national
defense.
The most troubling aspect of the letter was the criticism that the
Committee had asked for witnesses that seem unnecessary even for a
comprehensive investigation[.] While it is rare for the subject of an
investigation to decide which witnesses are relevant, the Department of
Defense felt otherwise. One of the supposedly unnecessary witnesses
was known to the Committee only as John from Iowathe pseudonym
he used when he called into a talk show to discuss the attack. He had
operated the video and other sensors on a Predator drone that circled over
Benghazi the night of the attack. Given his birds eye view, the
Committee believed he could provide valuable insight into what the
Department of Defense knew and therefore could have, and possibly
should have, done to help that night.
Mr. Hedger responded to the request with what bordered on sarcasm
describing the Committees request as one to interview an individual
43
See E-mail from State Dept Operations to various (Sept. 11, 2012) (on file
with the Committee, C05562037).
44
use of the Defense Secretarys time than to call Pastor Jones about a
video having nothing to do with the attack. Rather than diverting the
Secretary of Defenses attention, every effort should have been made to
marshal assets that could have gone to Benghazi.
We cannot say whether the military could have saved lives in Benghazi.
We can say with certainty that our nations leaders did not move heaven
and earth to send military help with the urgency that those Americans
deserved. We will never know if a more vigorous, comprehensive, and
urgent response could have saved lives.
IV.
JUSTICE DENIED
We will not waver in our commitment to see that
justice is done for this terrible act. And make
no mistake, justice will be done.
Barack Obama
President of the United States 117
The President made this promise the day after the attack. Secretary
Clinton did much the same. In January 2015, White House Counsel W.
Neil Eggleston said something very similar in a letter to the Committee
where he claimed [t]he Administrations focus since the attacks has
been . . . an unwavering commitment to bring to justice those responsible
for harming Americans[.] 118 The words of the President and his lawyer
were resolute and they were strong. But in the end they were just that,
words.
Almost four years have passed since four Americans were killed by
radical Islamic terrorists in Benghazi. As of the writing of this report,
only one manAhmed Abu Khatallahhas been indicted and brought
to the United States to face charges. 119 To the Committees knowledge,
117
119
45
no others have been taken into U.S. custody, let alone arrested and
prosecuted. Secretary Clinton said, almost two years after the murders,
theres a lot we dont know about what happened in Benghazi. That
may be true, but the United States does know the identity of many of the
attackers. Yet, the resources devoted to bring them to justice have proven
inadequate.
President Obama also claimed that Khattallah will now face the full
weight of the American justice system. To us, that means facing the full
measure of punishment for killing four Americans. Yet, the
administration has chosenfor reasons it refused to provide Congress
not to seek the death penalty in this case.
And so as we near the fourth anniversary of the attack, the American
people, at a minimum, are owed an explanation for the administrations
failure to bring more of those responsible to justice.
V.
NOTES ON THE INVESTIGATION
For the past two years the Committee pressed for full and complete
answers to the important questions left in Benghazis wake. The
American peopleand especially the families of the victims and those
injureddeserved nothing less.
We approached the investigation believing facts were nonpartisan. We
knew some hoped the investigation would expose Secretary Clinton and
President Obama for serious wrongdoing. Still others hoped, and in fact
decided, that the investigation would find nothingand they did their
best to tarnish the Committees reputation in case something damaging
did emerge. But we suspected the vast majority of Americans simply
wanted the truth, whatever it may look like, to come out in full.
We had hoped that Democrats on the Committee would join this effort as
full partners and that the administration would cooperate with our work.
to treat Abu Khatallah and other terrorists as ordinary criminalsaffording them
the full panoply of legal protections available under U.S. lawhas made it
harder to capture Abu Khatallahs co-conspirators. That is because the decision
denies our Intelligence Community the time and tools necessary to develop facts
that might help to apprehend the others responsible. That may, in turn, explain,
why dozens and dozens of Abu Khatallahs co-conspirators remain at large.
46
That Republicans and Democrats would feel the weight of history, and
the loss of four fellow Americans, and set aside partisan differences in
favor of a joint search for the truth. If that had happened, it would not
have been without precedent as we saw during the 9/11 Commission
investigation. Yet, Minority Leader Pelosi set the tone early, even before
the first witness was sworn in, and made clear that a truly bipartisan
effort would never happen:
Our nation deserves better than yet another deeply
partisan and political review. It is disappointing that
Republicans blocked a proposal offered by Democrats
on the House floor today to ensure that this committee is
truly bipartisan and fair a proposal that would have
allowed Democrats a real and equal voice on the
committee, including on the issuance of subpoenas, the
manner in which witnesses would be questioned and
deposed, and the specific protocols governing how
documents and other information would be obtained,
used, and potentially released by the committee.
It is clear that House Republicans will do anything to
divert attention away from their failed leadership and donothing record. As they work to feed the most
conspiracy-obsessed elements of their base, millions of
Americans are languishing thanks to Republicans
refusal to act on the urgent business before our nation:
renewing emergency unemployment insurance, raising
the minimum wage, and creating jobs. 120
It bears mentioning that the Democrats on the Committee could have
asked for witnesses or documents but in the end asked for one witness
and a handful of documents. In other words, we offered them the real
and equal voice on the committee that Minority Leader Pelosi
demanded, but they fell silent when it came time to do the work.
The Democrats on the Committee did not, however, fall completely
silent. When they were not attacking the Republicans, they paid lip
service to the notion of a bipartisan investigation. Ranking Member
Cummings called for just that type of investigation during the first
120
47
hearing, invoking the same slogan that Minority Leader Pelosi used and,
of course, that President Obama had used before her: Too often over the
past two years, the congressional investigation into what happened in
Benghazi has devolved into unseemly partisanship. We are better than
that. In fact, we are better. But in the end they were just words.
The Democrats on the committee, showed little interest in seeking the
truth and routinely turned the investigation into political theater. We had
hoped for more from members that included two former criminal
prosecutors. Instead, the Democrats and their staff spent the bulk of their
time trying to discredit the Republican-led committee and leveling
baseless personal attacks. The attacks were often ugly, always without
merit, and unfailingly partisan and did nothing to advance the cause of
finding the full and complete truth about Benghazi.
VI.
CONCLUSION
In the end, the administrations efforts to impede the investigation
succeeded, but only in part. The minority members and their staffs
efforts to impede the investigation succeeded also, but again only in part.
And although we answered many questions, we could not do so
completely. What we did find was a tragic failure of leadershipin the
run up to the attack and the night ofand an administration that, so
blinded by politics and its desire to win an election, disregarded a basic
duty of government: Tell the people the truth. And for those reasons
Benghazi is, and always will be, an American tragedy.
48
TABLE OF CONTENTS
EXECUTIVE SUMMARY
FINDINGS
I.
15
17
A.
18
B.
C.
D.
E.
II.
21
35
41
47
53
55
73
78
104
106
132
135
143
149
155
165
167
171
181
184
200
214
217
228
259
262
B.
263
C.
264
D.
265
E.
266
267
268
271
273
276
281
282
285
Republicans held an 11-hour hearing with Secretary Clinton that was widely
condemned even by conservative commentators.
286
288
288
289
290
292
294
295
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
297
299
Republicans used taxpayer funds to conduct one of the longest and most
partisan congressional investigations in history.
300
301
Republicans forfeited any credibility by delaying their report until the eve of
the presidential conventions.
302
RECOMMENDATIONS
313
CONCLUSION
336
EXECUTIVE SUMMARY
The Democratic Members of the Benghazi Select Committee submit this report in honor
of the memories of Ambassador Christopher Stevens, Sean Smith, Tyrone Woods, and Glen
Doherty; the other extraordinary heroes in Benghazi and Tripoli who risked life and limb to help
their fellow Americans; and the men and women of the Defense Department, State Department,
and Intelligence Community who serve the United States every day around the world.
We deeply regret that this report is not bipartisan. In May, we asked Chairman Trey
Gowdy to work with us on a joint report with conclusions we could all agree on, followed by
areas on which we may disagree. We also offered to provide him with a draft of our report in
advance. But Chairman Gowdy mocked our request as mildly amusing.
We are issuing our own report today because, after spending more than two years and $7
million in taxpayer funds in one of the longest and most partisan congressional investigations in
history, it is long past time for the Select Committee to conclude its work. Despite our repeated
requests over the last several months, Republicans have refused to provide us with a draft of their
reportor even a basic outlinemaking it impossible for us to provide input and obvious that
we are being shut out of the process until the last possible moment.
Our overarching conclusion is that the evidence obtained by the Select Committee
confirms the core findings already issued by many previous investigations into the attacks in
Benghazi. Although the Select Committee obtained additional details that provide context and
granularity, these details do not fundamentally alter the previous conclusions.
Section I of our report begins by highlighting the bravery of our first responders on the
night of the attacks. U.S. personnel in Benghazi and Tripoli conducted themselves with
extraordinary courage and heroism and at grave personal risk to defend and rescue their fellow
Americans. Our report provides poignant new details about how their actions saved lives.
Our report makes 21 findings based on the evidence we obtained, and it debunks many
conspiracy theories about the attacks. In general, the report finds:
The Defense Department could not have done anything differently on the night of the
attacks that would have saved the lives of the four brave Americans killed in
Benghazi, and although the militarys global posture prevented it from responding
more quickly that night, improvements were made years ago.
EXECUTIVE SUMMARY
Administration officials did not make intentionally misleading statements about the
attacks, but instead relied on information they were provided at the time under fastmoving circumstances.
There are some findings this report does not make. For example, an offensive, antiMuslim video sparked protests and anti-American violence in Cairo and throughout the region,
but it remains unclear to this day precisely what motivated all of the individuals in Benghazi on
the night of the attacks. During his interview with the Select Committee just this past March, the
former Director of the Central Intelligence Agency (CIA), General David Petraeus, told us:
Im still not absolutely certain what absolutely took place, whether it was a
mix of people that are demonstrating with attackers in there, whether this is an
organized demonstration to launch an attack, whetherbecause youll recall,
theres a lot of SIGINT [signals intelligence] that we uncovered that very
clearly seemed to indicate that there was a protest and it grew out of the
protest. And there is a video of what took place. And they are just basically
milling around out there. So if this is an attack, you know, maybe they
rehearsed it to look like a protest, but maybe it was actually a mix. And so,
again, Im still not completely set in my own mind of whatand to be candid
with you, I am not sure that the amount of scrutiny spent on this has been in
the least bit worth it.
Section II of our report documents the grave abuses that Select Committee Republicans
engaged in during this investigation.
Republicans excluded Democrats from interviews, concealed exculpatory evidence,
withheld interview transcripts, leaked inaccurate information, issued unilateral subpoenas, sent
armed Marshals to the home of a cooperative witness, and even conducted political fundraising
by exploiting the deaths of four Americans.
In one of the most serious abuses, Chairman Gowdy personally and publicly accused
Secretary Clinton of compromising a highly classified intelligence source. Although the
Intelligence Community quickly debunked his claim, Chairman Gowdy has yet to apologize to
Secretary Clinton for his slanderous accusation.
In our opinion, Chairman Gowdy has been conducting this investigation like an
overzealous prosecutor desperately trying to land a front-page conviction rather than a neutral
judge of facts seeking to improve the security of our diplomatic corps.
Decades in the future, historians will look back on this investigation as a case study in
how not to conduct a credible investigation. They will showcase the proliferation of Republican
abuses as a chief example of what happens when politicians are allowed to use unlimited
taxpayer dollarsand the formidable power of Congressto attack their political foes.
EXECUTIVE SUMMARY
The Republican plan was laid bare when Majority Leader Kevin McCarthy admitted on
national television that House Republicans established the Select Committee to bring down
Secretary Clintons poll numbers.
The delay by Republicans in issuing their report is no accident. They have waited until
directly before the presidential conventions for maximum political impact, but the American
people see through this partisan ploy. Republicans have tried to blame everyone else for their
own delays, but their claims are ludicrous. Republicans have forfeited their credibility by
delaying this report repeatedly in order to push it into the presidential election year.
In addition to issuing our report today, we are posting online all of the unclassified
interview transcripts under our control so the American people can judge for themselves the
integrity of this investigation and its findings.
This set of transcripts is not complete. Since February, Chairman Gowdy has withheld
copies of transcripts from Democratic Members in violation of House rules. In order to use
portions of these transcripts in this report, our staff members were often forced to take notes by
hand in Chairman Gowdys offices during limited time periods with Republican minders
present.
Chairman Gowdy also continues to block the release of the transcript of Sidney
Blumenthals deposition, during which the Chairman and other Republicans asked hundreds of
questions unrelated to the attacks in Benghazi in an effort to conduct political opposition
research on Secretary Clintons colleagues and supporters. References in our report to this
transcript must remain redacted until Chairman Gowdy reverses his position and allows the
public to see them.
Our report makes 12 recommendations. Because the fundamental goal of the Democratic
Members has always been to improve the security of our diplomatic corps and Americans
serving our country overseas, we make nine recommendations to improve security measures,
security training, risk management processes, and support for survivors and their families. We
also make three recommendations for Congress to consider before establishing any future select
committees.
Set forth below are selected highlights from our report.
EXECUTIVE SUMMARY
the Ambassador was located. They broke glass and furniture, looted the buildings, and set fire to
the residence, which quickly filled with toxic smoke.
Agents repeatedly risked their lives and rushed back into the burning building to try to
save Ambassador Stevens and Sean Smith.
I had seconds left of life, one agent told us. He explained: [T]he smoke and heat
were so intense that, I mean, the smoke was coming in through my eyes, even though they were
closed. It was coming in through my nose. And I stayed in there until I physically couldnt do it
anymore. Another agent said it was almost as if you had your eyes closed. He added: You
couldnt see your hand in front of your face.
When the security team arrived from the Annex, they also rushed into the burning
building. It was so hot. You couldnt see the end of your gun, even with the flashlight on; the
smoke was so thick, one security team member told us. Another said: it was the most extreme
heat Ive ever felt. You could barely take a breath or two in there before you had to come back
out.
They were able to locate Sean Smith, who had died from the intense smoke, but not
Ambassador Stevens. Concerned that attackers were massing for a counter assault, the team
eventually traveled back to the Annex, where both State Department and Annex personnel took
up fighting positions on the rooftops.
During a lull in the subsequent fighting, a security team from Tripoli arrived at the
Benghazi airport. After receiving reports that the Ambassador had been taken to a local hospital,
they tried to obtain transportation from Libyan security forces to get to the hospital. When they
learned of the Ambassadors death, they traveled instead to the Annex and joined in its defense
shortly before dawn.
Several security team members explained how a deadly mortar struck the Annex, killing
Tyrone Woods and Glen Doherty and causing life-threatening injuries to American personnel.
One team member described how he treated a survivor: I started putting a tourniquet on
his arm. He was bleeding from his left arm. He had a hole in his neck, and he had a hole in his
chest. So I put tourniquets on his arm and started patching up with the help of others from the
shrapnel wounds. And it seemed like seconds later when I heard somebody say, [Redacted], I
have another one for you.
Treating another survivor, the team member said that the survivors right foot was
hanging off and that he had a hole in his left arm and had several shrapnel holes in his head.
In response, the team member readjusted the tourniquet on his right leg, put another one on his
right leg, and ended up putting a tourniquet on his left arm and packing his neck with combat
gauze to help stop the bleeding.
The team continued to provide lifesaving care during the flight to Tripoli and after they
landed. One team member explained how a survivor on the plane stopped breathing, so I had to
give him CPR.
EXECUTIVE SUMMARY
Witnesses praised the efforts of two more individuals in Tripolia Special Forcestrained medic and a State Department nursewho took over medical care when the team landed
there. One team member explained: As soon as I put them on stretchers, we carried them off
the plane, they started on them; they started helping the ambulance drivers.
These heroic actions were universally praised by the witnesses we interviewed.
Secretary of Defense Leon Panetta said theres no question in my mind that they took
the initiative and saved lives. Secretary Clinton recounted: [T]he agent who had been in the
hospital all those months, as I was leaving, he called me over and he said: Secretary, please do
everything you can to make sure I get to go back in the field. And I told him I would.
[I]t was one of the bravest and more courageous things I have ever seen, the CIA Chief
of Base in Benghazi told us. He added: I think that, in many ways, we owe our lives to them.
The Deputy Chief of Base agreed: I have the utmost respect for their capabilities, their heroism,
what they did that night. Im alive today because of their efforts, and I never forget that for a
minute.
The Deputy Director of the CIA, Michael Morell, called the first responders in Benghazi
and Tripoli absolute heroes who saved lives. He added: And a lot more people would have
died without my guys acting with the bravery that they did. And I dont want that lost ever, ever,
ever.
EXECUTIVE SUMMARY
based in Germany and on assignment in Croatia, and a special operations force based in the
United States.
Secretary Panetta was clear: I never had a question then and I dont even have a
question now that we did everything possible to try to see if we could save lives, in line with the
Presidents order.
General Ham told the Select Committee there was a very, very noticeable and profound
sense of urgency, and I certainly detected no hesitation from any other combatant command,
defense agency, or any other to be responsive to the commands needs. He said: [T]he best
phrase I can use is it was all hands on deck to find, continually pursue options to address this
evolving situation.
Admiral Kurt Tidd, Director for Operations for the Joint Staff, said he felt an enormous
sense of urgency.
Witnesses explained again why strike aircraft were not an appropriate option. Secretary
Panetta told us: Okay, yeah, so F-16s go in there and they drop a lot of bombs, but where is the
Ambassador? Where are our people? Whats happening. You dont just do that. Youve got to
have information.
General Ham explained his decision not to send strike aircraft, warning that it couldve
made things worse by causing friendly casualties, American or Libyan or causing casualties
amongst noncombatants, which would further incite things. He explained that they lacked the
necessary detailed information about the situation on the ground, a specific means of targeting
and target designation as well as the ability to posture forces for recovery of a downed pilot
should you lose an aircraft. Others agreed:
Major General Michael Repass, Commander of U.S. Special Operations CommandEurope: If you are blindly throwing ordnance at somebody out there, you are going
to inadvertently kill people who ought not be killed.
General John Kelly, Senior Military Assistant to Secretary Panetta: [T]o drop
bombs without knowing what youre dropping the bombs on might make people feel
good, but it may be counterproductive, particularly when its killing or hurting the
wrong people.
Military witnesses explainedas they had two years earlier to the House Committee on
Armed Serviceswhy the militarys global posture prior to the attacks prevented it from
responding more quickly.
General Dempsey previously testified that response forces, at some level, will
eventually rely upon basing, and we dont have any basing rights in Africa. He added that
the tyranny of distance on the African continent is rather remarkable, calling the time it takes
to travel overwhelming.
EXECUTIVE SUMMARY
Although some units did not meet their internal target timelines, General Ham explained
that these units would not have been in position to affect the outcome as things eventually
played out on the ground.
Witnesses explained that the military already made significant changes several years ago
to substantially improve the militarys ability to respond to crises at diplomatic facilities
worldwide. General Ham described these changes as a tremendous improvement over the
situation of just a few years ago and a huge benefit and improvement in crisis response.
Not a single witness substantiated offensive Republican claims that Secretary Clinton or
anyone else ordered Secretary Panetta or the military to stand down. Secretary Panetta told us
that if somebody had said that, I think, you know, it would not have interfered with my orders
to proceed. When asked again, he replied: No. Never, never. It would have been against
everything that the military stands for. ... To even imply that somehow the military, or someone
would have said, maybe we shouldnt go, its too risky, its crazy. Its just not the way our
military operates.
EXECUTIVE SUMMARY
Republican presidential nominee Donald Trump took up this allegation himself, claiming:
Look at Benghazi, our ambassador. He wired her 500 or 600 times asking for help. The Fact
Checker called his baseless accusation a whopper.
None of the witnesses we interviewedincluding those on the ground in Benghazi
recommended withdrawing from Benghazi in 2012. In fact, just weeks before the attacks,
Ambassador Stevens and Deputy Chief of Mission Gregory Hicks were pressing for a permanent
U.S. presence there. In a draft proposal, they wrote that a permanent platform would protect
U.S. national security interests in the region and promote a stronger, healthier and more
vibrant bilateral relationship with the new, free, and democratic Libya.
Secretary Clinton was active and engaged on the night of the attacks and in the days that
followed. In the hours directly after the attacks, she spoke with President Obama, the National
Security Advisor, the CIA Director, and the Chairman of the Joint Chiefs of Staff. She also
spoke with Libyan General National Congress President Magariaf, and she consulted with a host
of officials within the State Department.
She personally participated in a Secure Video TeleConference (SVTCS) with senior
officials from the Intelligence Community, White House, and Department of Defense. Her
Deputy Chief of Staff, Jacob Sullivan, explained: [S]he took the really unusual step of a cabinet
Secretary walking into a working level operational SVTCS because she wasnt going to stand on
ceremony. She wanted to be there to make sure that we were doing everything we could.
Mr. Sullivan described Secretary Clintons enormous sense of urgency and said she
kicked it into high gear, and she got very focused and began the process of trying to execute a
strategy to get our people out of Benghazi safely. According to Mr. Sullivan, her approach was:
I am not going to rest until we get Chris Stevens back, and Im going to do everything in my
power to make that happen.
Secretary Clintons Chief of Staff at the time, Cheryl Mills, described Secretary Clinton
as very concerned, very determined, and worried about U.S. teams on the ground in Libya
and elsewhere, and said Secretary Clinton was devastated about the deaths of Americans in
Benghazi.
Ms. Mills said Secretary Clinton spent time reaching out to our team in Tripoli,
constantly trying to determine if they had what they needed, constantly trying to remind people
that, while we all have jobs, people are fragile and you have to remember the fragility of people
and their humanity and you have to give respect to that.
Mr. Sullivan explained: Over the next few days, we had our posts assaulted by
protestors in a number of cities, and every day shed show up early and go home late, helping
manage the response, calling foreign officials where she needed to get more help, calling
interagency colleagues when she needed to get marines or other security personnel in place.
Ms. Mills said Secretary Clinton made herself consistently present to people on her team
because she wanted them to know that, as hard as this was, this was something that required us
all to bear witness, to learn, and to try to be the very best we could in those moments.
EXECUTIVE SUMMARY
On September 12, 2012, an Executive Update and Situation Report stated that the
presence of armed assailants from the incidents outset suggests this was an
intentional assault and not the escalation of a peaceful protest.
On September 15, 2012, talking points drafted by the CIA stated that the
demonstrations in Benghazi were spontaneously inspired by the protests at the U.S.
Embassy in Cairo and evolved into a direct assault against the U.S. diplomatic post in
Benghazi and subsequently its annex and referenced indications that extremists
participated in the violent demonstrations.
CIA Director Petraeus explained that video from the compound took a while to come
back and that analysts did not immediately receive the reports of FBI interviews: The State
Department folks got sequestered in Germany, I think, where they were interviewed, and we
didnt get that information for quite some time.
In addition, although an extremist group called Ansar al-Sharia initially claimed
responsibility for the attacks, the group withdrew its claim the following day, stating that the
attacks were a spontaneous and popular uprising in response to what the West did.
The Director of the CIA Office of Terrorism Analysis told the Select Committee that
in any fast-breaking event, like the attacks in Benghazi, analysts attempt to strike a balance of
providing our best understanding of the events, and waiting for additional reporting to come in
to bring the picture into sharper focus.
She explained why the analysts assessed that there was a protest: [I]n their mind,
EXECUTIVE SUMMARY
they believe there had been a protest. They believed that that protest turned into an assault on
the compound. Whether that was that the protest took place as a cover for an assault, whether
the protest was something that individuals were opportunistically taking advantage of in the
past, they just didnt know.
CIA Deputy Director Michael Morell told the Select Committee: I know analysts
better than I think I know my own kids. And if the analysts had believed that what they had
written was somehow being turned for political reasons, or if the analysts had believed that I
was somehow editing the talking points for political reasons, they would have gone crazy.
He explained that there were a dozen or so sources that suggested to them, told them
there was a protest, and there were zero, zero sources saying there wasnt a protest, when they
made that judgment on the 12th and published it on the 13th.
Deputy Director Morrell also explained the process for developing the CIA talking
points: The talking points were exactly what the analysts thought. Politics was not in
anybodys mind. He added: [N]obody who was doing the work in the intelligence
community recognized that there were any politics here at all to begin with. It was only later
that it became political.
CIA Director Petraeus, who reviewed the talking points before they were provided to
Congress, confirmed that changes in the final drafts were understandable and that Deputy
Director Morell played a forthright role. He told the Select Committee: I think the folks
that were engaged in that were faithfully trying to carry out their respective duties.
Considerable attention has been focused on public allegations that the CIA Chief of
Base in Benghazi told the security team at the Annex to stand down before responding to
the attack on the State Department Special Mission Compound.
The Select Committee interviewed all surviving members of the security team. One
reported that the Chief of Base in Benghazi directed him to stand down. In his previous
appearance before the House Permanent Select Committee on Intelligence in 2013, this security
team member did not mention that the Chief of Base directed him to stand down.
A second security team member told the Select Committee that he did not hear the
words stand down directly, but was told about them by the other security team member on the
night of the attacks. He did not share this information with the Intelligence Committee.
The Chief of Base in Benghazi told the Select Committee that he did not use the term
stand down, but he confirmed that he told the security team to wait while he tried to obtain
additional help from local security forces.
Although there is a disagreement about whether the words stand down were uttered,
witnesses agreed that the team was told to wait while CIA officials in Libya requested security
assistance from local Libyan forces, and they generally agreed that it was appropriate to try to
obtain this additional security assistance.
None of the witnesses appearing before the Select Committee identified any evidence
that CIA officials were motivated by political or improper motives or that their decisions were
EXECUTIVE SUMMARY
10
11
added: I also need you to help us in Tripoli. We have seen serious threats on social media sites,
like Facebook, and it is important that your government take all possible measures, in an urgent
manner, to secure our facilities.
Later that night, Secretary Clinton emailed her daughter and again referenced that two
officers had been killed by an al-Qaida-like group, which tracked the reporting at the time.
The next day, she told the Egyptian Prime Minister it was a planned attacknot a
protest, and that it had nothing to do with the film. She again referenced Ansar al-Sharias
claim of responsibility and again asked for help to lower the temperature on everything that is
going on and to make sure this does not happen again today, tomorrow, or after Friday prayer.
In her public statements, Secretary Clinton said: Some have sought to justify this
vicious behavior as a response to inflammatory material posted on the Internet. This statement
was accurate.
Victoria Nuland, the State Departments spokesperson and a former advisor to Vice
President Dick Cheney, told Congress in 2013 that she helped write this statement because
groups across the region were applauding the attack, and there was considerable cheerleading
on social media throughout the region for violence against U.S. missions, facilities, personnel.
She said the attacks were linked in social media to a response to the movie and pent up
anger. She said the purpose of the statement was to address a larger community in the broader
Middle East and North Africa, to calm things, and to help our embassies and both
governments secure security.
The Select Committee chose not to re-interview Ms. Nuland.
The Select Committee did re-interview Jacob Sullivan, the Deputy Chief of Staff for
Policy, who drafted the statement with Ms. Nuland, and he corroborated Ms. Nulands testimony
from 2013. He explained: my first concern in getting this out was to do everything we could to
try to help prevent further violence from happening. He said they chose the words carefully
because they didnt know the motives of the actual attackers of Benghazi.
On September 13, the Intelligence Community issued another product, which was the
first fully coordinated intelligence assessment. The title of this assessment was Extremists
Capitalized on Benghazi Protests. It stated that the attacks began spontaneously following the
protests at the U.S. embassy in Cairo. This assessment became the basis for talking points
drafted later that week by the CIA, cleared by the Intelligence Community, and provided to
Congress and Ambassador Rice.
Mr. Sullivan explained that this was a fast-moving situation with a lot of information
coming in, and they went back and forth on what exactly had happened in Benghazi. He
explained that to this day, people havent been able to figure out exactly who the attackers were,
exactly what motivated them, so certainly in that first week, we werent going to. All we could
do was the best with the information we had at the time was, and thats what we did.
Secretary Clinton testified to the Select Committee that the intelligence community,
which took the lead on trying to sort this out, as they should have, went through a series of
interpretations and analysis. And we were all guided by that.
EXECUTIVE SUMMARY
12
Ambassador Rice also explained during her interview with the Select Committee how she
relied on the CIAs talking points when she spoke about the Benghazi attacks on five Sunday
news shows on September 16, 2012.
She said she relied on the intelligence communitys current best assessment, which
mirrored very closely the finished intelligence products that I had received.
She added: [F]or me to go out and try to second guess the intelligence community or
glean individual pieces of information and make my own judgments would have been to
substitute my personal judgment for the best assessment of the intelligence community. ... And it
would have been highly inappropriate.
Ben Rhodes, the Deputy National Security Adviser for Strategic Communications,
confirmed Ambassador Rices account, stating: given that we had a process underway to
compile the best assessment of the intelligence community for public use at that time, it stood to
reason that she should use those points in her appearances.
He created a separate document to prepare Ambassador Rice for a wide range of issues
she could be asked about, but on the specific question of what happened in Benghazi, our
expressed intent was to provide her with the HPSCI [House Permanent Select Committee on
Intelligence] talking points to inform her as to the position of the intelligence community.
Ambassador Rices spokesperson at the United Nations, who staffed her before and
during the Sunday shows, corroborated this account and dismissed as frustrating allegations
that Ambassador Rice intentionally misled the public. She explained: I think those of us who
give our lives to public service expect more. And I also think it does a disservice to our
colleagues whose lives were lost to perpetuate conspiracy theories.
The Director of National Intelligence, James Clapper, responded to Republican criticism
of Ambassador Rice in 2013, testifying that it was unfair because the hit she took, I didnt think
that was appropriate. He added: She was going on what we had given her, and that was our
collective best judgment at the time as to what should have been said.
The Under Secretary of State for Management, Patrick Kennedy, testified in 2012: If
any administration official, including any career official, were on television on Sunday,
September 16th, they would have said what Ambassador Rice said. The information she had at
that point from the Intelligence Community is the same that I had at that point.
The Director of the National Counterterrorism Center, Matt Olsen, told the Select
Committee that he certainly would have used the talking points: [I]f I knew they came from
Michael Morell and I knew that others had looked at them, that would give me more
confidencethat would give me confidence if I were a policymaker, whether in the Executive
Branch or Congress, relying on these as a basis for a public statement, yes.
He made clear to the Select Committee that what she said was accurate. Although he
felt that her demeanor and the way in which she phrased her comments were in some ways
more unequivocal, these were small differences, according to Mr. Olsen. He concluded: in
terms of the facts that she conveyed, my sense was that they were fully consistent with what we
were assessing at the time.
EXECUTIVE SUMMARY
13
It was not until September 24, 2012, that the Intelligence Community disseminated a
revised assessment after surveillance video from the State Department compound were reviewed
and the FBI disseminated reports of their interviews with officials on the ground.
REPUBLICAN ABUSESFROM A TO Z
The Select Committee has broken its promise to the American peopleto address the
attacks in Benghazi in a fair, credible, and bipartisan manner.
On May 11, 2014, directly after the Select Committee was established, Chairman Gowdy
stated on national television: I have said from day one I want this to transcend politics and I
want it to inspire trust in you and our fellow citizens.
He also predicted that if we overplay our hand or if we engage in a process that is not
fair according to the American people, we will be punished as we should be for that.
The abuse of millions of dollars in taxpayer funds for partisan purposesto influence a
presidential electiondiscredits the House of Representatives.
It is a disservice to the American public, the men and women who serve our nation
abroad, and the families of those who were killed during the attacks.
To create a historical record for Congress to consult before establishing any future select
committees, Section II of this report sets forth the abusive conduct of Republicans on the
Benghazi Select Committee in subsections A through Z.
EXECUTIVE SUMMARY
14
FINDINGS
OVERALL CONCLUSION
The evidence obtained by the Select Committee confirms the core findings already
issued by many previous investigations into the attacks in Benghazi. Although the
Select Committee obtained additional details that provide context and granularity,
these details do not fundamentally alter the previous conclusions.
The United States military could not have done anything differently on the night of
the attacks that would have saved the lives of the four brave Americans killed in
Benghazi.
The militarys global posture prior to the attacks prevented it from responding more
quickly, and significant changes were made several years ago to substantially
improve the militarys ability to respond to crises at diplomatic facilities worldwide.
Secretary Clinton was active and engaged in responding to the attacks in Benghazi.
The attacks in Benghazi were caused by terrorists rather than by U.S. foreign policy.
FINDINGS
15
The Intelligence Community did not receive advance warning of the attacks in
Benghazi.
The CIA security teams response in Benghazi was delayed temporarily while
leadership on the ground sought local support.
Republican claims that the CIA was collecting and shipping arms from Libya to Syria
or elsewhere are unsubstantiated.
Political considerations did not influence the intelligence assessments or the CIAs
talking points provided to Congress and Ambassador Rice.
The Select Committee has obtained no credible evidence that any Administration
official made intentionally misleading statements about the attacks in Benghazi.
Statements made by Secretary Clinton in the week following the attacks were
consistent with the information she had at the time and were intended to prevent
further violence throughout the region.
Statements made by Ambassador Rice on the Sunday shows about the Benghazi
attacks were based on talking points prepared by the Intelligence Community.
Republicans simply disregard the established fact that the Intelligence Communitys
assessments changed repeatedly, and the Administrations public statements changed
with them.
REPUBLICAN ABUSESA TO Z
FINDINGS
16
I.
17
FINDINGS
18
TABLE OF CONTENTS
A.
18
1.
21
Agent 1s Account
22
Agent 2s Account
25
Agent 3s Account
29
Agent 4s Account
32
35
36
37
39
39
41
41
42
45
47
2.
3.
4.
FINDINGS
19
FINDINGS
20
FINDINGS
21
Committee on Oversight and Government Reform and who was not re-interviewed by the Select
Committee.
AGENT 1S ACCOUNT
Agent 1, a U.S. Navy veteran, described the beginning of the attack from his perspective
in Villa C of the State Departments Special Mission Compound (SMC) with the Ambassador
and Sean Smith:
Okay, so the evening started with [Agent 2, Agent 3,] and I sitting at a table
near the pool at the end of the night. Ambassador Stevens had come by and
said, Im going to bed. Sean Smith said the same thing and went, you know,
went inside the villa, and we were just sitting out kind of relaxing at the end of
the night.
While we were talking, I started hearing some kind of chanting, I thought it
was. So I told the others, you know, I told the other two, hang on. Just listen
for a minute. And what we heard was chanting. And it was my impression
that it was coming closer. You know, so immediately when I realized, you
know, that this is a potential security incident, or a potential something, I said,
you know, go get your gear, right now. I ran into Villa C where the
Ambassador and Sean Smith were and the other two ran in a different
direction.
I remember hearing the chants. I mean, they were fairly close already. I mean,
yelling distance, which is pretty close especially in a city setting. So my
impression is that I dont have much time. So I ran right to my room, you
know, put my helmet on, put my vest on, grabbed my weapons, my additional
weapons, and I turned to lock the gate, and basically, it was a jail cell door
with three locks on it. I locked all three locks.
And at about that time Ambassador Stevens and Sean Smith were coming out
of their rooms. Sean Smith was already, you know, donning his helmet and
vest. I guided them both into the safe haven, and set myself up in the safe
haven withI was holding my M4. I had a pistol, a radio, a shotgun, and
when we were, you know, when we were in there, I radioed to the other guy,
hey, we are all in the safe haven.
I could hear outside explosions, yelling, chanting, screaming, gunfire, and I
reported all of this on the radio just saying, this is what my senses are telling
me. Then people started banging on the doors on the building, so I reported
that. Hey, there is banging on the doors. They are trying to come in, you
know, we need immediate assistance. And there wasnt any response on the
radio.
Shortly after that, to my recollection, the doors were blown open. And about
70 individuals, you know, rushed into the building, all of them carrying AK-
FINDINGS
22
FINDINGS
23
And around the patio area was, you know, maybe a 2-1/2-foot tall cinderblock
wall. And as soon as I went out there, I just started taking fire immediately. I
remember hearing explosions, which I equate to grenades. I remember feeling
the cement exploding and hitting me in the face. And I remember the sounds.
So after catching my breath, I jumped back into the building, and I searched
for the Ambassador and Sean Smith. I went as far as my threshold, and
reached out into theinto the area we had just come from to see if I could feel
anybody. But the smoke and heat were so intense that, I mean, the smoke was
coming in through my eyes, even though they were closed. It was coming in
through my nose. And I stayed in there until I physically couldnt do it
anymore.
When I was in the Navy, they engrain in you, 110 percent. And most people
dont think you can do 110 percent, but its part of my character. I do 110
percent and I stayed in there untiluntil I physically could not and mentally
could not stay in there any longer.11
The agent described going back into the building repeatedly:
The last time I went out, you know, I decided that if I went back into the
building that I wasnt going to come back out. The smoke and heat were way
too powerful, and way too strong, and it was extremely confusing feeling my
way in a smoke-filled building. And I didnt want to get lost, and so I decided
to climb up the ladder up to the roof.
I climbed up the ladder, and pulled up the ladder behind me and thats the
moment that I knew that Ambassador Stevens and Sean Smith were probably
dead. Immediately, upon getting up to the roof, I started radioing for my
colleagues, you know, telling them the situation, you know, telling them my
situation, you know, I am exhausted. I am completely exhausted. I gave
everything I had. And Im still thinking of ways to help, still thinking of ways
to get the guys out.12
After Agent 1 tried unsuccessfully to break a skylight on the roof, other agents arrived to
help. Despite severe smoke inhalation, Agent 1 explained that he continued to defend the
perimeter of the building while other agents and Annex security personnel continued to search
for the Ambassador.
After arriving at the Annex, the DS agents joined other personnel and joined in the
defense of the Annex. Agent 1 described how he took up a fighting position at the main gate of
the Annex:
So I get up, and basically I say, you know, give me a weapon. Im back in the
fight. I get up. I get an M4. I can, you know, I can barely stand, but I can still
think. I can still, you know, I can still fight. And I go sit by the main door of
the Annex building that we were in. So I could see the main gate, in case
anybody came over the main gate.13
FINDINGS
24
After a mortar attack struck the Annex, he explained he assisted with emergency medical
care for the wounded:
They also brought [Annex Security Team Member 3] in, and, you know, part
of my job in the military as you know, combat search and rescue, when you
rescue somebody, you know, you can do the whole med stuff afterwards. We
can stabilize them until we get them back to a proper location.
And so I went to work right away with [Agent 4] and [Agent 2]. And we
worked really hard on him and I have to tell you, you know, to be doing
tourniquets, and to be comforting somebody, and that somebody is, you know,
your really good friend and colleague, it is pretty hard to do. But you know, it
had to be done. And we did it.14
AGENT 2S ACCOUNT
Agent 2, a U.S. Army veteran, was making his rounds in the Benghazi compound at the
time of the attack and described the attack from his perspective:
I left the TOC [Tactical Operations Center] to make my rounds to kind of just
walk around the perimeter and just kind of get a general sense of how things
were going. And I got to Villa C, where the other agents were all sitting. They
were all outside Villa C. And we had awe talked for a bit. And then I heard
a scream or like a cry from the main gate.
And, of course, you know, that was unusual and it set all of our hair on end.
We, I think, bothwe all had an understanding that something was off. Very
shortly after that, we sawvery shortly after that, the main gate had been
breached. And so, after we heard this cry, we set into motion our react plan.
[Agent 1] went into the villa to secure the villa. We acted according to our
roles and responsibilities as we set forth in the react plan.
So [Agent 1] went in to lock down the Villa C. [Agent 4] and [Agent 3] went
off to the cantina to equip themselves and to barricade in place. And then I
made my way back to the TOC. It was at that point, since Villa C and the
main gate are fairly close together, I had a view of the main gate area, and I
could see people starting to stream in, attackers starting to stream in.
I was armed at that time. I decided not to open fire on them. I thought that it
would be prudent to stay with the plan and that, if I were to open fire on them,
it probablyI felt that that wasnt a wise tactical decision. I would probably
be overwhelmed pretty quickly. So I made my way back to the TOC. As I
was headed back to the TOC, I called in on the radio and initiated our
formally initiated our attack/react. I called three times, attack/react. It was
then the IDNS [Imminent Danger and Notification System] alarm system
started going off.15
FINDINGS
25
He explained that he joined another agent in the TOC, barricaded the door, contacted the
Annex, and attempted to contact their internal February 17 Quick Reaction Force (QRF) for
assistance:
A:
Agent [5] was already monitoring CCTV. He was getting into contact
with Command Center. I used our dedicated radio to spin up our assets
and the Annex to inform them that we were under attack. In addition, I
attempted to get in contact with our QRF elements via our established
communication lines, our cell phone lines. Unfortunately, I couldnt get
into contact with them.
Q:
And why was that? Was it because the call didnt go through, or no one
picked up?
A:
It was theno one picked up on that line. I dont know exactly what
happened on their end. The cabana is fairly close to the main gate as
well. And I dont know exactly what happened, where the breakdown
was with our communications. In addition, I dont know how they
reacted to the attack.16
He explained that he asked the Annex to reach out to the February 17 force for help:
And so because I couldnt reach our QRF element inside, I went back to our
connection in the Annex to ask them to spin up the 17 February Brigades
assets to respond to the compound. The Annex also had a liaison with the
militia and were able to contact them and to request assistance, and so I asked
them to relay our message.17
He explained the location of the Ambassador and the steps he took when the fire started:
Well, according to our react plan, the management officer and the
Ambassador, along with Agent [1] would hold in a safe room. This is kind of
a storage closet that we had in the center of the safe haven, probably the safest
place available to us on compound. And shortly after I noticedshortly after I
saw that Villa C was on fire, I sawI tried to reach out to [Agent 1]. This is
about the time that our communications are degrading. Its becoming a very
chaotic environment. Theres a lot of gunfire, of course. Were receiving
gunfire in the TOC as well as hes receiving gunfire as well.
And, once I start to have trouble, I getI do eventually get in contact with
[Agent 1] but the type of thingsmy communications with him were very
troubling because he seemed, from the quality of his voice and the things that
hes telling me are troubling to me, like hes, you know, hes dealing with the
effects of the smoke and the flame. And so, in addition, he isboth he and
[Agent 3], who Im communicating with on the radio, are veryare asking me
very insistently about when is our reaction force coming, when are the 17
February guys. By this time, I had already asked the Annex to spin up their
reaction force and send them in, but theyre, you know, theyre taking time.
FINDINGS
26
So theyre very insistently asking when this help is coming, and I dont have
an answer for them.
And so, following this kind of troubling communication I have with [Agent 1],
I make the decision that Im going to go ahead and break from the plan. And I
decide to leave the TOC, and my plan is to meet up with [Agent 3] and [Agent
4] in the cantina and break them out. And then together well take one of the
armored vehicles to Villa C and attempt to relieve [Agent 1], the Ambassador,
and Smith.
I pick what I feel is an opportune moment. I scan with the cameras and see
that in the immediate courtyard outside of the TOC building, I dont see any
movement or any enemies, and so I decide that Im going to go ahead and go
out. I go out. [Agent 5] barricades the TOC behind me, and then I make my
way tactically up to the cantina. And I clear my way to the cantina. I dont
encounter any resistance.
And then I telland then eventually I find the room that [Agent 4] and [Agent
3] have barricaded them themselves in, and I gain entry to that room. I tell
them. Let me in. I identify myself. And so we go in there. I inform them of
the situation, and now that were face to face, its much easier to communicate
the facts of whats going on. And I say, you know, Lets go; weve got to go
and help [Agent 1].18
After a short time, they were able to regain contact with Agent 1, who was on the roof of
Villa C, and learned that he had lost contact with Ambassador Stevens. Agent 2 explained:
At the same time, I can hear in the background and he informs me that hes
under fire; theyre firing at him from the ground to the roof. And so I make
my decision again, and I convince the guys to come. Were all going to go out
and implement my plan. We get into the armored vehicle and make our way
over to the other side of the compound.
At this time, as providence would have it, the [Annex Security Team] guys are
contacting the attackers outside the compound. And Im not sure exactly if the
February 17 response force is also arriving or if they arrive later, but
nevertheless, the attackers are withdrawing under that contact and so, by the
time we reach Villa C, they have withdrawn, and we are able to take up a
position right outside the safe-haven exit escape hatch.
I call out to [Agent 1], and I bring him down from the roof, and he is visibly
shaken. You know, he is suffering. Im not a doctor, but he is suffering from
some type of smoke inhalation, in my opinion. And so we put him into the
we sit him down into the armored vehicle, and [Agent 3] stays behind with the
armored vehicle in the drivers seat, in case we need to make a quick getaway.
And then [Agent 4] and I link up with the members of the [Annex Security
Team], and we position ourselves outside of the safe-haven escape hatch, and
FINDINGS
27
then I doff my equipment. I go into the safe haven with the intention of
recovering Smith and Stevens.
Immediately upon entering the safe haven, it becomes very clear to me that it
would be a verythat would be very difficult. The smoke is extremely thick
and acrid. From what I understand now, that was a result of the accelerants
used to start the fire. But open flame is not so much an issue; its the volume
and the toxic nature of the smoke that made it very difficult. Even
immediately entering the room, I became very disoriented.
But using my internal map, my memory of the layout of the safe-haven area, I
make my way along the wall searching and feeling my way. I make my way
into the safe-haven closet, the safe room, where, according to our plan,
everyone wouldve been staged. And I dont find anybody in there. I go and
make sure thatI go and work my way around the wall to the gate, the locked
gate of the safe haven itself. And Im able to confirm that the gate is still
locked. It was locked by padlock from the inside. So I can make the
assumption that nobody has entered the safe haven and nobody has left. So
that limits the search area.
So I continue to search. I just kind of follow along the walls, calling out to the
Ambassador and Smith, and doing my best to feel around for them.19
He continued:
[T]here was no visibility. So I was just trying to feel with my limbs, my hands
and feet, and still maintain contact with the wall so that I wouldnt lose myself.
But, nevertheless, I started to feel very disoriented myself. I started to be
worried that, you know, I was really craving oxygen by that point, and I
eventually found myself in the bathroom. I broke a window out to try and
ventilate the space and to get some fresh air for myself. And I cleared my head
a little bit.20
He described that he found and recovered the deceased body of Sean Smith and
continued the search for the Ambassador:
And we took turns trading off going in and out and allowing one to rest while
the other went in. Eventually, we came up with the idea to kind of tie each
other off, like tether each other so that we would reduce the risk of one of us
becoming a casualty and being lost. But we were unable to find Ambassador
Stevens. I was veryat that point, I think I had decided that this was probably
a recovery mission. We were looking to recover his body. Some time had
passed. Im not sure exactly how much. But it became apparentand some of
the 17 February Brigade members started to become very agitated, and one of
them came to me and kind of indicated to me that we needed to leave. And I
told him to get away. I was determined that we were going to find
Ambassador Stevens body. But, shortly after that, one of the Annex guys
explained to me that they had information that the attackers were massing for a
FINDINGS
28
counter assault, and it was at that point we made the decision to call off the
search and evacuate the compound.21
Agent 2 explained to the Select Committee that, upon arrival to the Annex, at that point,
wethe DS agents, we integrated ourselves into the Annexs security plan and took up positions
on the roofs to prepare for a possible attack.22
Agent 2 took a fighting position on one of the roofs and suffered serious injuries as part
of the mortar attack.
AGENT 3S ACCOUNT
Agent 3, an Army veteran who previously served in two combat deployments to Iraq,
traveled to Benghazi as the head of the Ambassadors security detail. He was outdoors talking to
other agents when the attack began:
At a certain point we started to hear some noise, which at that time didnt
really stand out, but it started to get louder. It seemed like it was getting
closer. And then at one point I remember hearing like what I would describe
as kind of an explosion or loud crash or something. And at that point
everybody went to react. Specifically I went from [Villa] C down to the TOC
to try to secure the Ambassador because thats the last place I had remembered
seeing him. When I realized that he wasnt there, I moved across the cantina to
secure my body armor and my M-4. While I was in there, another agent,
[Agent 4], came in. We decided that we would move back together once he
secured his equipment to Villa C to secure the Ambassador. By the time he
secured his equipment and we went to move out, we left the cantina.
We turned the corner essentially, and there was a large number of armed
Libyans. And we made the decision to go back into the cantina, lock the door,
and barricade ourselves in a room. At that time there was a local guard
member who was in there with us. Once we were in the room, [Agent 4]
started making phone calls to the command center to apprise them of the
situation, and I started calling the TOC in Tripoli to inform them of what was
going on.
Generally, not too long after that, we heard the people make entry into the
cantina where we were at. And throughout that period of time, we were trying
to radio coms with the TOC, communicating to the TOC where we were, so we
could have a rough estimate of where the Americans were on the compound
and relay that information off to both Washington, to Tripoli, and allowing
[Agent 5] to relay that information off to either 17th Brigade and the Annex for
support.
At, I cant remember exactly when it was, but at a certain point I heard on the
radio, we heard that they had started setting fires, and at one point we heard
[Agent 1] say that the building was on fire and that he was being shot at.
FINDINGS
29
Shortly thereafter, once it looked like things were clear, [Agent 2] said that he
was coming over. We came together, and we talked about, we very quickly
talked out a plan on how we could get from where we were over to Villa C to
secure [Agent 1], the Ambassador and Sean. We decided that we would take
one of the up-armored vehicles and essentially drive it up to the door, and then
we would make entry into the house and try to secure everybody.
By the time we got there, the building was on fire. There was lots of smoke.
We were able to find [Agent 1] relatively quickly. We put him back in, and
then through the field there were a large number of armed Libyans coming in,
but one of the [Annex Security Members] stood out. Once we identified that
was a friendly force, then we reported the location of the Americans that we
had accountability of to the TOC, and then we started trying to make entry into
the building to secure both the Ambassador and Sean.
Several attempts were made to go in, but the smoke was really bad, so not a
lot, we couldnt make it very far into the building. At one point we drove back
to the TOC to try to get some gas masks to go in. By the time we got back,
[Agent 2] had gone through with [Agent 4], and they were in the building, and
they found Sean Smiths body, which they passed out of a window to me and
one of the [Annex Security] members. I took Seans pulse. He wasnt
breathing. There was no obvious signs of life, so we continued to go and try to
secure the Ambassador.23
In an exchange with Rep. Westmoreland, Agent 3 explained his tactical decision not to
fire at the attackers in the SMC:
Q:
Had you all been told prior to that, you know, dont play offense, just
play defense?
A:
No, sir. I feel now, and I felt then at the time that I had the support. At
that time there was not an opportunity to shoot. There was a situation, it
was a moment where it was myself and [Agent 4], and we were very
close quarters with an overwhelming force of armed combatants, and at
that situation it would not have been the smart thing, it would not have
been the tactical thing to fire your weapon at that time.
Q:
If you had had different equipment, different weapons, would that have
made a difference?
A:
After travelling to the Annex, Agent 3 joined the defense of the Annex by taking up a
position on one of the roofs:
FINDINGS
30
A:
Before the mortar attacks happened, it was just before they happened,
we, the team from Tripoli had arrived at the Annex. They were
replacing us on our overwatch positions, and I was coming down the
ladder off of the roof when the first mortar round landed.
Q:
A:
Yes.
Q:
And when the team from Tripoli came, you were leaving to go down off
the roof?
A:
Yes.
Q:
A:
Yes.
Q:
A:
Yes, I was on a ladder about halfway up when the first mortar round
came, like I fell from about halfway up the ladder to the ground. 26
FINDINGS
31
AGENT 4S ACCOUNT
Agent 4, a U.S. Army veteran and former Department of Defense (DOD) explosives
contractor who had traveled with the Ambassador from Tripoli, explained that they were
monitoring the protests in Cairo and were cognizant of the anniversary of the 9/11 attacks, but
that they were not aware of any specific threats:
We had talked about it [the protests in Cairo]. One of the concernspretty
much it was general consensus I think was, you know, just to monitor the
situation. You know, I wasnt going to go to sleep that night. I was probably
going to stay up throughout the night just because, one, its September 11, you
know, and what was happening in Egypt. So if anything was to happen, it
would happen late at night, early morning.
I would say the ARSOs [Assisted Regional Security Officers] spoke to the
[Redacted]. [T]here were no specific threats, same general threats.
Benghazi is a dangerous place.28
He described the attack from his perspective:
Q:
A:
Q:
A:
Yelling, screaming.
Q:
Okay.
A:
I couldnt make out exactly what was said. You know, I dont know
whats memory and whats me just filling in the blanks.
FINDINGS
32
Q:
Could you tell whether or not the chanting or the yelling came from
inside the SMC [Special Mission Compound] walls or outside of the
SMC walls?
A:
Inside, very close. You could tell. It was almost as if someone was
outside that door yelling.
Q:
A:
Q:
What was your first action or reaction when you heard the chanting and
yelling?
A:
He described how an unarmed Libyan Blue Mountain guard approached him and another
agent, he secured the guard in the closest building, the cantina, and then he and the other agent
attempted to go the Ambassadors villa, but met resistance and ultimately barricaded themselves
in a bedroom in the cantina:
I came back, secured the guard, and me and [Agent 3] started towe were
about to make our way back to the Ambassadors villa. At this point you
didnt hear a lot of noise. I didnt hear any yelling or screaming or chanting. It
seemed like everyone was just trying to get their bearings. And then I saw
someone in the alleyway. So there was an alleyway that separatedthis was
essentially like this big compound. It used to be two compounds, so the
alleyway separated the two, and the only way to get to the Ambassadors side,
the Charlie side, was through the alleyway, which is big enough for a vehicle.
So while I was going to make my way back, before I could make it off the
landing, we saw an individual inside the alleyway. It was pretty dark. I could
not see a weapon. So I really quick, half-second, probably a glance at [Agent
3], I said, quick nod, I said, is that our guy, while I was trying to keep visual
contact of this gentleman in the alleyway. And he says, I dont know. So at
that point, right after that, I saw about, I would say, between to me it was 7 and
10, and those were behind him, coming kind of behind him in sort of a wave,
where I saw weapons, and I could make out AKs and RPGs.
I yelled to [Agent 3] to get in the building, because I knew what I could see,
but I didnt know what else was around me. So it is a pretty large compound,
FINDINGS
33
How many times would you say you personally went in the window to
search for them and back out?
A:
I would say a dozen, you know. Well, we had searched, and then at
some point I decided to try to get a gas mask and not toyou know,
carbon monoxide will still kill you with a gas mask, a military-style gas
mask, but it was mainly just to filter out the smoke, the soot, because it
would shut your throat, and you couldnt see, couldnt even really open
your eyes. So that was primarily the reason we went to go get a gas
mask. And we may have gone in a few times prior to that, and then
when we came back, at least a dozen times.
Q:
And were you able, when you were in trying to locate the Ambassador,
were you able to breathe or were you holding your breath the entire time
that you went in?
A:
You couldnt breathe, so youd hold your breath and go in, and with the
gas mask youd take real shallow breaths, you know, kind of keep it
away from your face, take shallow breaths as best as you could.
Q:
A:
Almost as if you had your eyes closed. You really couldnt see in front
of your face. If you had your hand inside the roomso there were two
rooms, you walked into the main bedroom and youd try to go into the
adjacent rooms, one where the window we were accessing, you could see
somewhat. It was really obscure, but you could see. But then once you
FINDINGS
34
went into the main hallway to where the Ambassador should have been,
you couldnt see anything. You couldnt see your hand in front of your
face.32
The agent explained the impact of continued scrutiny of the attacks over the years on
himself and his family in the following exchange with Ranking Member Cummings:
Q:
Can you share with us how continued attention to the attack affected
you, your family, and the DSyour DS colleagues?
A:
As far as my colleagues, I dont know exactly how they feel about it.
But for myself, looking at it after talking to the ARB, I felt that most of
the detaileveryone went in there and spoke the truth, gave all the
relevant facts, everything that they needed to say. So its sometimes
disheartening that the continued scrutiny and sometimes the criticisms of
our actions, when our actions were in the best intentions, and everything
we did was in protection of the ambassador can sometimes be a little bit
disheartening. But its good to see that there are people who are
supportive and working to get to the truth and make sure that the
narrative is written the right way.33
FINDINGS
35
Similarly, in January 2015, the Senate Select Committee on Intelligence issued its report,
finding:
Although there was no formal written agreement about how security should be
handled between the two facilities in Benghazi, there was a common
understanding that each group would come to the others aid if attacked, which
is what happened the night of September 11, 2012. IC personnel immediately
came to the aid of their colleagues at the Temporary Mission Facility, and
fought bravely to secure TMF personnel and their own Annex facility. The
Committee interviewed U.S. personnel in Benghazi that night, and they
credited their lives being saved to the personnel who responded to the
attacks.35
In his interview with the Select Committee, CIA Deputy Director Michael Morell stated:
There is another piece of the CIA that I thinkthat I want to say, right, and
that is that in this whole Benghazi story that my guys on the ground that night,
in my view, were absolute heroes, that my guys who went from Benghazi base
to the TMF and my guys who went from Tripoli to Benghazi saved lives. And
a lot more people would have died without my guys acting with the bravery
that they did. And I dont want that lost ever, ever, ever.36
FINDINGS
36
account for sensitive equipment and funds, support base defense, and
successfully execute destruction procedures. There were no/no examples of
officers panicking or losing composure, even following the mortar attack. It
was a privilege to serve with this team of officers.39
The Select Committee interviewed the Benghazi Chief of Base, who stated:
I mean, to me, it was one of the bravest and more courageous things I have
ever seen or heard of them going over there. And I mean, to go without any
plan, basically, to go into harms way without a lot of information to me was
going to be a very dangerous and risky operation on their part.40
He added: I think that, in many ways, we owe our lives to them, and the fact thatin
many ways, as with theeven with the tragic loss of life that night, it could have been far
worse.41
The Select Committee also interviewed the Benghazi Deputy Chief of Base, who stated:
I have the utmost respect for their capabilities, their heroism, what they did that night. Im alive
today because of their efforts, and I never forget that for a minute.42
The Deputy Chief of Base described the actions of Annex personnel:
Everybody kept their stuff together, everybody stayed focused on the mission,
at the job at hand, either contacting their agents or preparing for the destruction
of the classified equipment and holdings that we had there, trying to locate the
Ambassador, providing first-aid and medical assistance to people when the
only two trained medical people that we had were both killed.43
He also stated:
But despite the severity of the injuries in the wounded people there, people
who had never imagined that they would have to deal with something like this
just jumped right into it and did what they could to help. Even after the mortar
attack, there was no hysterics. Nobody lost control. Nobody was laying on the
floor cowering, saying, you know, we are all going to die. I mean, it was very
professional, very tight, very held together. Everybody was working towards a
common goal there. And really everybody involved, given the circumstances,
handled themselves with remarkable calm and distinction.44
FINDINGS
37
Standing outside the landing to one of the bedrooms was [DS Agent 2] and
[DS Agent 1]. They were very haggard looking, and I describe [DS Agent 1]
as looking like a chimney sweep because he had soot all over his face and he
was barefoot. You could tell they had been in that burning building for a little
while or at least, you know, searching or, you know, whatever.
So Ty and I immediately started going in ourselves. They told us there are still
guys inside. We started going into the bedroom. We started going into that
bedroom that they were standing next to first. The heat was extremelyit was
the most extreme heat Ive ever felt. You could barely take a breath or two in
there before you had to come back out.
And we just tried hitting different corners of the room at first, going in, coming
out, coughing, getting some fresh air, going back in, trying to hit a different
spot. Then we started going into different entrances of the building, went
through the front entrance, tried to make our way down into the living room.
So that happened for a while, while the other guys were coming into the
compound.45
He explained how they retrieved Sean Smiths body and continued the search for
Ambassador Stevens:
And then at some point, two guys appeared out of a back room, the second
room back from one of the first rooms that you see, dragging a body out that
wasthey were both wearing gas masks. And they dragged the body over to
me. I took him out of the room, laid him down, checked his vitals. That was
Sean Smith. He was dead at the time that I found him.
And then we went back into the buildings trying to hitat this point, theres
Libyans and, you know, more of our guys are there and everybody is going in.
Theres people everywhere looking for the Ambassador.46
Annex Security Team Member 1 described how the team departed the Special Mission
Compound:
State Department were all at their vehicle. They all got in their vehicle. And
our guys were still kind of scattered about the building. Thats when the attack
from the south gate happened. They fired an RPG and AK-47 rounds. At that
point, thats when State Department vehicle left. They went out the north gate,
turned right, and were ambushed on the way back to the Annex.
We stayed at the State Department compound a little bit longer to fight off the
attack, and then finally, we rounded up all our guys and we left. We turned left
out of the north gate, drove to our compound without incident. And once we
arrived, we all went to our predesignated fighting positions and maintained a
defensive posture until we were attacked again.47
FINDINGS
38
FINDINGS
39
He had turned to walk away, and it was about that time that there was an
explosion against the back wall, and there was a mortar that hit the top of the
back wall, which from our building was maybe 8 or 10 yards from the
building.
[DS Agent 2] was in the corner where the ladder was at. Me and Tyrone were
in the opposite corner facing out towards what we call Zombieland, and when
that hit, small arms fire started coming from that direction, and Tyrone opened
up with a machine gun. I started shooting with my assault rifle. I heard [DS
Agent 2] yell out that he was hit.
I kind of glanced over. I saw his shadow sitting because the wall at the top of
our building was about 3 feet tall, so there was a box that you had to step on to
get up on to the ladder. So he wasI saw his image or the silhouette of him
sitting on that box, and he was holding his head. What went through my mind
is that hes breathing, so his heart is beating, and he is going to have to take
care of himself because were getting attacked.
Were shooting. I kneel down to change magazines. As I come back up after
changing magazines, the first mortar hits the top of the roof, hits almost
directly into the wall, where the roof and the arc of the parapet or wall comes
up, right into the corner of that. When that hit, it blew me back a little bit,
knocked me back. I kind of caught myself. I saw Tyrone go down. He was in
a fetal position at my left. The mortar hit on my right.
As I come up, I bring my arm up to grab my gun, and from about here down, it
was kind of hanging off at a 90 degree angle. I continued to try to grab my
gun. Another mortar hit, and I kind of glanced over my right shoulder, and I
saw [Glen Doherty] go straight down face first on to the roof. As I tried to
keep firing, my weapon is pretty much inoperable. I cant grab it with my
hand. The third mortar hits and peppers me again with shrapnel. The best way
I can describe it is it felt like I got stung by a thousand bees. At that point, I
figured I might better get to cover because if another one comes, Ill be lucky
if I survive that.
I kind of dove down to the wall, the foot of where Tyrone was, and everything
had went quiet. I kind of sat up and thought I was bleeding out because
everything was wet around me. I realized that it was water because it was
cold, and there was a water tank right there beside us that had gotten
perforated. I dont know what the timeframe was.
I pulled out a tourniquet, and I was trying to get the tourniquet on. Then I
reached over and grabbed Tyrones foot. I was trying to see if I could pull
myself over to him to check to see if he had any pulse. At that point, I saw
[Annex Security Team Member 2] come up over top of the roof, which I didnt
know it thenI saw a shadow come up, and at that point, he had at first put
two tourniquets on [DS Agent 2]; one on his leg, one on his arm. Then he
FINDINGS
40
come over to me, and he was sitting there. He told me to quit messing with my
arm because I was trying to put it back in place. He grabbed my tourniquet,
put it on, stood me up, and asked if I could walk myself over to the ladder so
he could tend to Tyrone and [Glen Doherty], and I said, yeah.50
A:
Oh, yeah. Yeah. It wasbut you know what, what amazed me the most
was how calm everybody was. And I wasit really impressed me. To
me, I thought everybody did an outstanding job, you know. I was, you
know, with the [Annex Security Team] guys. I mean, I owe my life to
them, you know, and everybody else.51
FINDINGS
41
need? I said we need a ride. [Redacted]. I mean within minutes.54 This member of the Tripoli
security team elaborated:
A:
Q:
A:
At some point on 9/11 did you learn of an attack at thewhat you are
calling the consulate there in Benghazi, the special mission compound,
did you learn of that attack at some point?
A:
Q:
A:
FINDINGS
42
attacked, and then didnt know the, you know, exact specifications of the
attack, but knew it was ongoing.
Q:
Okay. And what did he tell you when you arrived back at the TOC?
A:
That the consulate was being attacked, the situation was, you know, was
not known at the time of the attack or who was attacking or what was
going on, but they were preparing to possibly go out to Benghazi.
Q:
[Redacted]
A:
I was fairly certain we were going if we were packing bags when I went
back, sir, and when I came back, it was confirmed when he asked me to
start looking for guys that would go that were qualified to go. And then
we got a confirmation from the Chief of Station that he would like us to
take that team up to Benghazi.59
He explained that his team landed at the Benina airport near Benghazi at around 2 a.m.
local time, contacted the Annex, and learned there was a lull in fire at the Annex:
Q:
And what did [Benghazi Annex Security Team Leader] relay at this
point? This is at some time at 02 [2:00 am] or shortly thereafter.
A:
A lull in fire.
Q:
A lull in fire.
A:
Yes, sir.
Q:
Did he indicate how many harassing attacks they had sustained over the
period of time?
A:
Q:
Okay.
A:
Q:
And there was a lull at some point starting at 02 or after 02. At least
there was a lull when you talked to him?
A:
Yes, sir. When I had talked to him, there had been a lull, and no one had
been attacking the annex in quite some time.
Q:
Okay. Did you have any sense during the 2 and-a-half hours that you
spent at Benina airport that you were being prevented from departing the
airport? Could you have left at any time from 02 to 0430?
FINDINGS
43
A:
The DOD servicemember described what happened after his team arrived at the Annex
shortly before 5 a.m. local time:
Once we had gotten to the annex, we called probably 3 minutes out, and the
[Annex Security] Team Lead [Redacted] was actually out there to meet us with
the gate open. We didnt take any of the vehicles inside. We exited the
vehicles and walked inside.
We took the Libyan Shield [militia] commander inside with us so his guys
would stay there, ultimately. Went directly to the main house where the TOC
was. I think it was Building Three. Team leader started talking to chief of
base, and I was talking to [Benghazi Annex Security Team Leader] on the
security situation, wounded personnel, what did he need from us that he didnt
have already, and how we could help the security posture.
Shortly after us being there, we were all sitting outside while we were talking
about this on the front patio of Building Three. We had some sporadic gunfire
over the top of Building Three, and immediately following, the first mortar
round hit. I believe it went long, hit out in the road where our convoy had
been. The gate is obviously closed to the compound now. Next one hit short
just behind Building Three on the wall towards the warehouse. The other three
or four mortars hit directly on top of Building Three.61
The DOD servicemember described the decision to evacuate the Annex:
Q:
At that point, what was the direction from the Chief of Base? Was that
when the decision was made to evacuate the annex entirely?
A:
We did. Once we got back, we decided that the situation we had was
untenable to stay at the compound. We didnt have enough shooters and
there were too many wounded, and we were definitely going to lose our
State Department wounded if we had stayed there much longer. So we
were pushing to get out as fast as we could.
Q:
And who made the decision to evacuate the annex entirely? Whose
decision was that?
FINDINGS
44
A:
That was us as a whole. We had all gotten together in a group and talked
about the situation, and we all agreed, the chief of base, both team lead
for Tripoli and Benghazi, and myself and my team leader.62
A:
Correct.
Q:
And was the mission also to provide assistance to the other Americans in
Benghazi?
A:
Q:
Okay. Were there any other elements to that mission, other than those
two?
A:
It was to locate and recover the Ambassador, and to assist the Annex
with their security needs that night.
Q:
A:
Q:
And the ultimate decision to send the team, was that the Chief of Station
decision, to your knowledge?
A:
To my knowledge, yes.64
FINDINGS
45
[I]f you look at our response time in Tripoli, getting to the plane was actually
very efficient. If you look the way Libyans operate, nothing moves fast. I
dont care if the President comes there, nothing is going to move fast. It is just
the way it is. So us, time we got the call to launch, time we went wheels up, I
think it was very efficient. But the way Tripoli and Libyans operate and the
way, how congested Tripoli was, we launched pretty rapidly.65
The Tripoli security team member explained to the Select Committee that after landing in
Benghazi, the security team learned that the Ambassador had died. After receiving confirmation
of the death, the security team traveled to the Benghazi Annex:
Q:
And at what point did you learn the Ambassador was likely killed in
action versus still alive somewhere?
A:
So you arrived at the base, the Annex. What did you observe when you
first arrived there?
A:
That there were no guards at the front gate. It was dark. We were still
on night vision. I noticed the [Annex Security] personnel on top of the
wall near the gate, and we were met at the gate by the Benghazi team
leader, [Redacted], who was on a cell phone with [Redacted]. And we
walked into the compound. It was quiet, and it was dark at this point in
time. And at that time, thats when I walked into the main building.
Basically we were going to get briefed and come up with a plan on who
needed to go and what our next steps were. And shortly after that is
when we came under the initial, one of the attacks.67
He explained that he was inside the building when the mortar attacks happened, and he
left the building to make his way to the roof to assist. He described:
Well, they actually put bathroom tile outside there, and so it was real slick. He
[the wounded Annex security team member] ended up falling on top of me,
and I ended up hyperextending my leg to the rear. So now Im injured, so I
drug him out because we started getting hit by small arms fire. So I dragged
him around the corner. I started putting a tourniquet on his arm. He was
bleeding from his left arm. He had a hole in his neck, and he had a hole in his
chest.
So I put tourniquets on his arm and started patching up with the help of others
from the shrapnel wounds. And it seemed like seconds later when I heard
somebody say, [Redacted], I have another one for you. Thats when the
second State Department guy, [Agent 2], I believe his name is, he came down.
FINDINGS
46
And I pushed [Annex Security Team Member 3] up on to the couch, and thats
when [Agent 2] was there. And [Agent 2s] right foot was hanging off. He
had a hole in his left arm. He had several shrapnel holes in his head.
So I readjusted the tourniquet on his right leg, put another one on his right leg,
and ended up putting a tourniquet on his left arm and packing his neck with
combat gauze to help stop the bleeding. I ended up starting an IV on him.
And then I went back to [Annex Security Team Member 3], put an IV in him.
Thats one of the State Department personnelI dont know who it washad
morphine, and I made the call to give [Agent 2] morphine because he was in so
much pain he started pawing at the tourniquets and the gauze, some of the
dressings I put on. And that seemed like seconds.
During this process is when the [Redacted] asked me tothe cell phones got
jammed, not jammed, but they were busy tones. He asked me to get on SAT
radio and contact Tripoli and give them a SITREP [situation report].68
Im going to step back real quick to the medical assistance you provided
and just ask couple questions about that, the medical assistance to
[Annex Security Team Member 3] and to [Agent 2]. Were you able to
stabilize, in your view, those two individuals or any of those individuals
prior to the evacuation of the Annex?
A:
Yes.
Q:
And did you have to restabilize them on the plane, either of them?
A:
FINDINGS
47
breathing, so I had to give him CPR. Got him back breathing, and thats
when the State Department nurse met me on the plane with one of the
Armythere was an Army SF [Special Forces] medic assigned to the
State Department. He met me on the plane as well and asked if I was
okay and could continue on. I just said they need to go to the hospital
now. And then we loaded them on to an ambulance, and at that point,
the ambulance took them to Afia Hospital in Tripoli. And I went back in
a Suburban with all the other State Department personnel and gear. And
that was it. I received a call from the flight medic from Ramstein, the
military airlift, and I went over the view of what I did and what I gave
them as far as tourniquets, morphine, and IV bags, how much, and the
times and stuff. And that was it in reference to my medical service.
Q:
A:
Correct.
Q:
You said they asked if the patients were capable of going directly to
Germany. Was that the request?
A:
I believe, yeah. And I said, no, they need to go to the hospital now. This
is when I just got [Agent 2] breathing again. But I made the suggestion,
you know, I remember they said can they wait for the Ramstein bird.
And I was like no, because I really think [Agent 2] was going to die any
minute.
Q:
A:
Yes.
Q:
A:
They did.
Q:
And did the SF medic or the nurse provide any medical assistance there
at the plane, or did they just get in the ambulance?
A:
As soon as I put them on stretchers, we carried them off the plane, they
started on them; they started helping the ambulance drivers. These arent
ambulances like were used to in America. Theyre little, tiny, natural
gas type of minivans; and they slid them in there, and they jumped into
the minivans with them on the way to Afia Hospital. What they did after
that, I dont know. The only thing I remember getting back from a
hospital was a bag when they cut off all the gauze and bandages, they
sent, they gave [Redacted] the bag of material to give back to us for
some reason because there they reutilize a lot of things. So I remember
FINDINGS
48
getting a bloody bag of bandages back. Thats the last I saw of [Agent 2]
and [Annex Security Team Member 3] until later on.
Q:
Were coming close to the end of our hour. This is the last question.
Setting modesty aside, okay, do you believe that [Agent 2] or [Annex
Security Team Member 3] would have survived to make it to Tripoli
which without your intervention?
A:
No.69
Of special note is that the Special Forces-trained medic who took over medical care when
this flight landed in Tripoli was part of a four-man military team assigned to Special Operations
Command Africa that had offered to travel to Benghazi after the first Tripoli security team had
already departed. Previous investigations determined that keeping this team in Tripoli to provide
security at the U.S. Embassy ensured that this medic was able to provide crucial lifesaving care
on the airfield in Tripoli.
Admiral Mullen explained to the House Committee on Oversight and Government
Reform in 2013 that this medic provided heroic medical assistance that prevented additional
fatalities:
Q:
Did the ARB, as part of your inquiry, determine that there was a need to
keep the four-man team in Tripoli instead of sending them to Benghazi?
Were you able to evaluate their need for being there at all?
A:
Well, I thinkyou know, what General Dempsey said was true in terms
of this was about 6:30 in the morning. Had [the Lieutenant Colonel]
and the other three gotten on an airplane, they would have flown past the
plane bringing those whoout of Benghazi, some of whom were
wounded. And an untold story here is the heroic efforts of the medic
actually on that airport coming from Benghazi to Tripoli, which there are
those that believe kept a couple of those wounded alive to get them to
Tripoli, which would then allow continued triage to put them on a C-17
pretty rapidly and get them up to Landstuhl. So I say that because the
focus of the medical aspect on this and the medic who remained in
Tripoli was absolutely critical. Thats where the focus was at that time.
I would also add that for Lieutenant Colonel [Redacted] and for others
who either are currently wearing or have worn the uniform, the desire to
get out there to help is who we are. So I certainly wasnt surprised that
thats what he wanted to do.70
FINDINGS
So I would like to ask you about when you went to receive the aircraft
from Benghazi with the wounded on it, okay? [Y]ou said you took a
19 Delta with you?
49
A:
Correct.
Q:
What is a 19 Delta?
A:
Q:
A:
Oh, absolutely.71
FINDINGS
50
ENDNOTES
Select Committee on Benghazi, Interview of Diplomatic Security Agent 3 (Mar. 19, 2015).
Id.
3
Select Committee on Benghazi, Interview of Annex Security Team Member 2 (May 22, 2015).
4
Select Committee on Benghazi, Interview of Annex Security Team Member 4 (Mar. 1, 2016).
5
Id.
6
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
7
Senate Select Committee on Intelligence, Review of the Terrorist Attacks on the U.S. Facilities in
Benghazi, Libya, September 11-12, 2012, 113th Cong. (Jan. 15, 2014) (online at
www.intelligence.senate.gov/sites/default/files/publications/113134.pdf).
8
House Permanent Select Committee on Intelligence, Hearing on Benghazi and the Obama
Administration, 113th Cong. (Apr. 2, 2014).
9
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
10
Select Committee on Benghazi, Interview of Diplomatic Security Agent 1 (Apr. 1, 2015).
11
Id.
12
Id.
13
Id.
14
Id.
15
Select Committee on Benghazi, Interview of Diplomatic Security Agent 2 (Mar. 16, 2015).
16
Id.
17
Id.
18
Id.
19
Id.
20
Id.
21
Id.
22
Id.
23
Select Committee on Benghazi, Interview of Diplomatic Security Agent 3 (Mar. 19, 2015).
24
Id.
25
Id.
26
Id.
27
Id.
28
Select Committee on Benghazi, Interview of Diplomatic Security Agent 4 (Mar. 6, 2015).
29
Id.
30
Id.
31
Id.
32
Id.
33
Id.
34
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
35
Senate Select Committee on Intelligence, Review of the Terrorist Attacks on the U.S. Facilities in
Benghazi, Libya, September 11-12, 2012, 113th Cong. (Jan. 15, 2014) (online at
www.intelligence.senate.gov/sites/default/files/publications/113134.pdf).
36
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
37
EYES ONLYTRIPOLI STATION AND BENGHAZI BASE REPORT ON EVENTS OF 11-12
SEPTEMBER, Tripoli 27900 (Sept. 19, 2012) (IntBook5-067 - Intbook5-075).
38
Deputy Chief of Base, Memorandum for the Record, Events of 11-12 SEP 2012 at Benghazi Base,
Libya (Sept. 19, 2012) (IntBook1-127 IntBook1-131).
39
Id.
40
Select Committee on Benghazi, Interview of CIA Chief of Base (Nov. 19, 2015).
2
FINDINGS
51
41
Id.
Select Committee on Benghazi, Interview of CIA Deputy Chief of Base (June 4, 2015).
43
Id.
44
Id.
45
Select Committee on Benghazi, Interview of Annex Security Team Member 1 (May 29, 2015).
46
Id.
47
Id.
48
Select Committee on Benghazi, Interview of Annex Security Team Member 2 (May 22, 2015).
49
Id.
50
Select Committee on Benghazi, Interview of Annex Security Team Member 3 (May 27, 2015).
51
Select Committee on Benghazi, Interview of CIA Employee (June 19, 2015).
52
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
53
Select Committee on Benghazi, Interview of CIA Chief of Station (July 16, 2015).
54
House Permanent Select Committee on Intelligence, Subcommittee on Oversight and Investigations,
Benghazi Briefing No. 4 (Dec. 13, 2013).
55
Id.
56
Id.
57
Department of Defense, Requested Operational Narrative, US AMB Recovery, 11SEP12 (140-143).
58
Deputy Chief of Base, Memorandum for the Record, Events of 11-12 SEP 2012 at Benghazi Base,
Libya (Sept. 19, 2012) (IntBook1-127 IntBook1-131).
59
Select Committee on Benghazi, Interview of DOD Servicemember (Sept. 22, 2015).
60
Id.
61
Id.
62
Id.
63
Select Committee on Benghazi, Interview of Tripoli Security Team Member (June 23, 2015).
64
Id.
65
House Permanent Select Committee on Intelligence, Subcommittee on Oversight and Investigations,
Benghazi-Related Meeting No. 3 (Dec. 3, 2013).
66
Select Committee on Benghazi, Interview of Tripoli Security Team Member (June 23, 2015).
67
Id.
68
Id.
69
Id.
70
House Committee on Oversight and Government Reform, Interview of Admiral Michael Mullen (June
19, 2013).
71
House Committee on Armed Services and House Committee on Oversight and Government Reform,
Interview of Lieutenant Colonel at U.S. Embassy Tripoli (Feb. 28, 2014).
42
FINDINGS
52
B. THE DEPARTMENT
OF DEFENSE
53
TABLE OF CONTENTS
B.
53
1.
55
2.
73
78
83
89
91
92
94
3.
FINDINGS
54
The United States military could not have done anything differently on the night of
the attacks that would have saved the lives of the four brave Americans killed in
Benghazi.
The militarys global posture prior to the attacks prevented it from responding more
quickly, and significant changes were made several years ago to substantially
improve the militarys ability to respond to crises at diplomatic facilities worldwide.
These findings are consistent with investigations conducted several years ago regarding
the militarys response, including reviews by the independent Accountability Review Board
(ARB) and the Republican-led House Armed Services Committee.
FINDINGS
55
Q:
And did you or General Dempsey discuss with the President what
resources might be available during the course of that meeting?
A:
We did not go into particulars about what resources would or would not
be deployed because, frankly, at that point, we had to get back to the
Pentagon in order to determine what steps ought to be taken to try to
respond to the situation.
Q:
Yes, sir. So, to the best of your recollection, the specific direction that
you took away from that meeting with the President was what?
A:
Secretary Panetta explained that when he returned to the Pentagon at about 6 p.m., he
convened a meeting with his chief military advisors, which included General Dempsey; General
Ham; General John Kelly, Secretary Panettas Senior Military Assistant; and others. During the
meeting, Secretary Panetta ordered the deployment of two Marine Fleet Antiterrorism Security
Team (FAST) platoons stationed in Spain, the Combatant Commanders In-Extremis Force (CIF)
based in Germany and on assignment in Croatia, and a special operations force based in the
United States:
[M]y general approach to these things is to immediately have a meeting with
the key principals that I could talk with to ask them, you know, get the best
information. What is the situation? How do we respond? What steps can we
take to make sure we are doing everything possible to respond to the situation?
And, I mean, as a result of that meeting, you know, I ordered that, based on
their recommendations, that we have our FAST teams, Marine FAST teams,
respond, be prepared toyou know, not only prepare to deploy but deploy
intoand be available to be able to go in. These are an elite force, as you
probably know, of Marines who can quickly respond to those situations.
So I directed that we get those FAST teams in place. [Redacted]
We also had an in-extremis team. This is a team whose principal responsibility
is to respond to crises. And that team was in Europe. I think they were in
exercises in the Balkans. And we told them to, again, move to an intermediate
baseand Sigonella would have been the base that they would have gone to
in order to deploy, as well.
And then the third team, because we were concerned about the state of the
Ambassador at that pointI mean, initially, the concern was that the
Ambassador might well have been taken hostage at that point. I cant tell you
we had information to that effect, but we just didnt know what was happening
with the Ambassador. And so, because of that, we thought it might be very
important to have a hostage rescue operation. [Redacted]
FINDINGS
56
So those were the orders that I gave. And I had the authority to give those
orders. And those orders were carried out.3
Secretary Panetta said that he ordered the deployment of the most capable military
resources recommended by his military advisors:
Well, my direction at the time meeting with my military command and the
chairman, and General Ham, and the others that were there, was what are the
immediate resources we can deploy in order to try to save these lives and do
what we can? And they are the ones that made the recommendation of the
teams that I then ordered to be in place. And there was nothere was no
other, you know, question about, oh, theres some other group or theres
something else we could do, or theres something closer, or something like
that. These were the ones that we had the ability to deploy quickly whose job
it would be to be able to go in and try to help save lives. And there was no
other units, or equipment, or you know, operations that were even discussed as
an alternative. We focused on the task forces. We focused on these units and
those were the ones that were ordered to go into place.4
Secretary Panetta explained why close air support or fighter aircraft were not appropriate
to send into Benghazi:
Well, obviously you look at, you know, the potential for deploying AC-130s,
F-16s, F-18s, obviously you couldnt send B-2 and B-1 bombers there as well,
but at the same time, youve got to consider in deploying them what is required
in terms of air refueling to make sure that because you dont want to send
planes in the air that cant return, so youve got to have air refueling
capabilities.
Secondly, youve got to be able to determine, as best you can, what is the
intelligence on the ground, because you dont want them to go in and either
buzz or drop bombs without knowing what the situation is on the ground,
where is the Ambassador? Where are people located?
And, lastly, youve got to provide armaments on those planes, and that takes
time in order to be able to fully arm those planes to be able to deal with those
contingencies. So all of those questions have to be asked before you suddenly
send these planes into battle.5
Secretary Panetta also stated:
Ive heard people say, well, you should have sent F-16s in there. Okay, yeah,
so F-16s go in there and they drop a lot of bombs, but where is the
Ambassador? Where are our people? Whats happening. You dont just do
that. Youve got to have information.6
During his interview with the Select Committee, General Ham described the meeting
with Secretary Panetta, corroborating the Secretarys account:
FINDINGS
57
When Secretary Panetta and General Dempsey returned from their meeting at
the White House, we convened once again in the Secretarys office. There
were a few others in the room, I believe, Vice Admiral Tidd, the Director for
Operations; I think Lieutenant General Kelly, who was then senior military
assistant; perhaps a few others.
Secretary Panetta, General Dempsey gave a quick synopsis of their
conversation with the President, and it was of that nature: What do we need to
do to respond to this situation? And Secretary Panettas question to me
throughout our conversations, both earlier and in this meeting, were, what do
you need? And it was in that second meeting when I asked him for authority
to employ the Commanders In-extremis Force, the Fleet Antiterrorism
Support Teams, and the [U.S.-based special operations force].7
General Ham explained that Secretary Panetta issued orders based on his
recommendations, which is how the warfighting chain of command should work:
Q:
A:
General Ham confirmed that he had all of the authority he needed to respond to the
developing crisis in Benghazi:
Q:
A:
General Ham explained to the Select Committee the urgency that night, and what it
meant to be the supported command:
There was, across Africa Command, certainly my sense in the Joint Staff and
in the Office of the Secretary of Defense, a profound sense of urgency. When
FINDINGS
58
Q:
A:
My request of the Secretary was, these are the capabilities that I think
will be the most useful as we learn more about this situation. And he
made those forces available to me to employ at my direction as the
combatant commander. In my experienceand admittedly, you know,
Ive been a combatant commander at this point for about a year and a
half and had been director for operations on the Joint Chiefs of Staff for
awhile before that. But, in my experience, its not particularly normal
for the Secretary of Defense to issue tactical direction to a combatant
commander. Rather, the Secretary of Defense makes forces available
based upon assessment of the situation for employment by a combatant
commander.
Q:
A:
Q:
FINDINGS
59
A:
Upon receipt of the Secretarys orders, General Ham relayed the orders to his Deputy
Commander for Military Operations, Vice Admiral Charles Leidig. Vice Admiral Leidig
described to the Select Committee:
I think themy recollection is that the second time I talked to General Ham,
he then said that he had met with the Secretary and the Chairman, and then he
saidhe gave me verythree very specific things: that we have permission to
move the EUCOM CIF forward; we were told to get the FAST team ready to
prepare to deploy to Libya; and that the Secretary had also authorized the
[U.S.-based special operations force] to move into the AOR [area of
responsibility]. And so he told me hed had the meeting and that the Secretary
had authorized those and that I would see, you know, written orders that
prepare-to-deploy orders for those three units.
I told him that I had already made contact with EUCOM and they were already
having the CIF try to get co-located with our aircraft and be ready to move; we
had already alerted the FAST; and I thanked him for the information of the
[U.S.-based special operations force].12
Vice Admiral Leidig explained that General Hams order was to prepare to deploy,
which meant to begin planning for the mission, assemble the forces, and be ready to receive an
execute order to move on to your mission, and so it means to be fully prepared. Vice Admiral
Leidig explained that having a prepare to deploy order in no way delayed the response that
night:
Q:
There was some discussion about the term prepare to deploy and an
execute order, and I just wanted to ask you a couple questions about
that. Would a lack of an execute order, or did a lack of an execute order
on the night of the attacks ever slow down your forces?
A:
No.13
FINDINGS
60
load the Marines, and I can call the Joint Staff and say, Issue the execute
order because theyre going to be on the ground.14
General John Kelly, Secretary Panettas Senior Military Assistant on the night of the
attacks, also described the meeting with the Secretary after he returned to the Pentagon:
Q:
So youre in this meeting. The secretary has gotten back. Hes gotten
guidance from the President. And I want to say he said something to the
effect of everythings on the table. Does that sound familiar?
A:
Q:
A:
To the group.
Q:
A:
Carter would have been there, as Ive already said. Carter would have
been there. Chairman was there. Jeremy [Bash] for sure. I was there.
And he says: Okay, lets just make it happen. Thats the kind of
guidance you get from a guy like Mr. Panetta.
Q:
Would that constitute the vocal order to General Ham, do whatever you
need to do, youve got carte blanche? Is that fair?
A:
It is fair.
Q:
A:
A:
Q:
A:
FINDINGS
61
Q:
A:
Yeah, I mean, its implicit. But to get at assets that he doesnt own, at
that point Joint Staff would be working all of the deployment orders
because they were in the room. And, you know, under those
circumstances, you get what you ask for.16
Dr. James Miller, Secretary Panettas Under Secretary of Defense for Policy, confirmed
that once Secretary Panetta gave the orders, General Ham had all of the authority he needed to
deploy forces:
Q:
And, again, once the Secretary gave that order, did any of the COCOMs
need any additional authority to execute their mission, per se? Is that a
yes or a no?
A:
They did not need any additional authority to execute the order.
Q:
A:
On the overall military response on the night of the attacks, Secretary Panetta stated:
There was no question in my mind that, at least from my perspective,
everything possible had been done to try to do what we could to save those
lives. Ive never had a questionI never had a question then and I dont even
have a question now that we did everything possible to try to see if we could
save lives, in line with the Presidents order.18
He explained further:
You know, theres atheres a fundamental principle that people at DOD,
particularly in the military, act by, which is you leave no one behind. And my
experience is that, you know, when there are people whose lives are in
jeopardy, military moves as quickly as they can to try to help people, and that
wasthose were my orders, and I was very confident that the military would
FINDINGS
62
fulfill those orders because thats what they do. And thats what they care
about are the lives of these people.19
In his interview with the Select Committee, Jeremy Bash, Secretary Panettas Chief of
Staff, corroborated this account:
[E]verything that I saw on that day, and I was there, everything I saw led me to
conclude that everybody at the Department of Defense, the senior officials, the
Secretary of Defense, the Chairman and all of the uniformed military, did
everything they could to respond to the crisis and to get a rescue mission
staged to help save our people.20
General Ham described the situation as all hands on deck:
I was struck that night and the next morning and remain impressed today by
the extraordinary professionalism and sense of urgency from all the DOD
personnel, those who were on the ground in Tripoli, those who went to
Benghazi, those who responded in the Commanders In-extremis Force, and
my own staff under Vice Admiral Leidigs direction. Again, the best phrase I
can use is it was all hands on deck to find, continually pursue options to
address this evolving situation.21
Under Secretary Miller stated that there was incredible urgency to get things done and to
do everything possible to save American lives. He had the following exchange:
Q:
A:
Relative to the high-level strategy that weve talked about, there were
none. The policy issue was how do we get forces in place to protect U.S.
personnel and interests. So those are fundamentally questions of force
availability and military deployment timelines.
And, ultimately, there is absolute clarity in my mind and, I believe, in
others minds that there were not broad policy strategy on other issues.
We had Americans at risk, and we wanted to get forces there to support
those Americans and American interests rapidly. That was
Q:
A:
Admiral Kurt Tidd, the Director for Operations for the Joint Staff at the Pentagon on the
night of the attacks, corroborated the testimony of Secretary Panetta, General Ham, Chief of
Staff Bash, and Under Secretary Miller that the entire U.S. Government did everything it could
to save lives on the night of the attacks:
FINDINGS
63
Q:
Sir, on the night of the attacks, was it your sense that everyone was doing
everything they could to respond to keep Americans safe?
A:
Q:
A:
I believe that.
Q:
A:
I believe that.
Q:
A:
That is my belief.
Q:
And was it your sense from the SVTC and other interactions that folks
were doing everything they could to
A:
There was an enormous sense of urgency to try to sort through all of the
conflicting information that we were getting and had been getting.
Andand, yes, I think everyone was doing everything they could to try
to sort through thatthe conflicting information and to make the best
possible decisions that they could.23
Military commanders unanimously agreed with the order to deploy the FAST, CIF, and
U.S.-based special operations force, and not to deploy strike aircraft. Admiral Tidd explained:
Q:
Does it seem that the forces that were deployed that night, the [U.S.based special operations force] and the CIF and the two FAST platoons,
that seems to show the gravity with which the U.S. Government was
responding.
A:
Given the information that we had at the time, those were, without a
doubt, the premiere, most capable forces that we had to deal with a
highly chaotic and uncertain situation. And we needed to send the best
possible eyes and ears forward, not knowing what we were going to be
dealing with to people that sort ofthe people who would be on the
ground would be the most capable of making the right decisions in a
very critical time-compressed environment. They were the best trained
that we had for that kind of a situation.24
General Ham explained his decision not to deploy strike aircraft on the night of the
attacks:
In the instance, as things evolved, during the attack and the subsequent events
of that night, as I look back on that knowing what I know now, I just do not, in
my military experience, see an opportunity where the application of strike
FINDINGS
64
Even if you had received such a tasking, with specific respect to the
assets located on Aviano Air Base, is it your sense that had you received
such a tasking, that any assets would have been available to effect a
difference in Benghazi that night?
A:
Well, I think I just answered that. The physics of the timeline of tasking
plus generation of aircraft plus physically flying, et cetera, et cetera, they
would not have changed anything to do, unfortunately, with the
ambassador or others.27
Major General Michael Repass, the Commander of U.S. Special Operations CommandEurope, was also asked whether he agreed with General Hams judgment, and he stated, Ive
known General Ham. Ive worked with him, Ive worked for him, and I trust his judgment. He
went on to explain to the Select Committee: If you are blindly throwing ordnance at somebody
out there, you are going to inadvertently kill people who ought not be killed.28
General Kelly also told the committee: [T]o drop bombs without knowing what youre
dropping the bombs on might make people feel good, but it may be counterproductive,
particularly when its killing or hurting the wrong people.29
The closest available U.S. security assets, which were located in Tripoli, immediately
took the initiative and responded that night with the authority of their immediate supervisors. A
seven-person security team from Tripoli that included two military personnel and CIA security
team member Glen Doherty chartered a private plane to bring additional fighters and medical
care to Benghazi and to assist with the possible hostage rescue. That team left Tripoli for
Benghazi at approximately 12:30 a.m. local time, which was 6:30 p.m. in Washington, D.C., as
Secretary Panetta was meeting with his military advisors. That team arrived between 1 a.m. and
2 a.m. Benghazi time, or 7 p.m. and 8 p.m. Washington, D.C. time.
Although Secretary Panetta told the Select Committee that he was not personally aware
of the teams activities that night, General Ham monitored their movements during the evening
as the team attempted to locate Ambassador Stevens. The team spent hours at the airport trying
to obtain additional information about the Ambassadors whereabouts and to secure ground
transportation to the hospital where he was reportedly located, but local Libyan security forces
refused to transport them to the hospital because of security concerns. Once they learned that
FINDINGS
65
Ambassador Stevens was deceased, the team obtained ground transportation from Libyan
security forces to the Annex, arriving at around 5 a.m., shortly before the mortar attack. 30
Vice Admiral Leidig explained to the Select Committee how, throughout the evening,
military commanders were constantly reevaluating their courses of action based on the available
information:
Conditions on the ground caused us to continually evaluate it. And what were
trying to decide at AFRICOM, along with EUCOM and the Joint Staff, is, you
know, where are we actually going to insert that force. And as the conditions
on the ground change, we continue to change our assessment of where they
could best be utilized. Once a decision is made to insert them, then the execute
order would be given.31
As has been previously reported, on the night of the attacks, the CIF was in Croatia on a
training exercise and did not have available aircraft at their location to transport them. The two
FAST teams were in Rota, Spain, and also did not have available aircraft at their location to
transport them.32
Admiral Tidd explained the impact of the lack of dedicated aircraft:
Q:
Admiral, one of the lingering questions that we have been trying to get a
handle on is why it seemed to take so long to get the response forces off
the ground. The FAST team was in Rota [redacted]. They were ready to
move prior to that. They sat on the tarmac for about 6 hours before the
planes got there.
A:
Q:
A:
Yes.
Q:
A:
Yes.
Q:
Did you have any concerns about how long it was taking?
A:
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General Ham described the decision to deploy the FAST teams to Tripoli, instead of
Benghazi, since the Americans would be evacuated from Benghazi before the FAST teams
would be able to arrive there:
There was a wide-ranging conversation between myself, Vice Admiral Leidig,
and the operations staff, the Special Operations Command Africa Commander,
again, of what forces should go where.
I do recall that there was initial conversations about doing just what the 8:39
[p.m. EDT] email says, which is one FAST to Benghazi, one to Tripoli. But
then I think, as we gained clarity of the situation in Benghazi, that the FAST
was more appropriate for Tripoli, given that we expected the evacuation of the
Americans from Benghazi in short order.34
Admiral Tidd also explained:
We were looking at two FAST teams, but it very, very soon became evident
that everybody was leaving Benghazi. And so I dont remember if it was just
before that Deputies Committee or during the deputies or just right after. By
the time we came out of the deputies, it was pretty clear that nobody was going
to be left in Benghazi. And so the decisionI think, at the deputies, there was
some discussionbut as I recall, we werent going to send them to Benghazi,
because everybody was going to be back in Tripoli by the time we could
actually get them there.35
Admiral Tidd explained that early in the evening it quickly became clear that the timeline
was such that the CIF would also not get to Benghazi before the wounded in Benghazi were
expected to evacuate to Tripoli. He had the following exchange:
Q:
And can you just elaborate a little more on that discussion about whether
or not to send the CIF directly to Benghazi versus sending it to an ISB
[intermediate staging base]?
A:
Admiral Tidd also described the incomplete reports from the ground:
We knew that the intent was that they be evacuated. My recollectionand,
again, here is where the subsequent knowledge that we all gained in the days
and weeks following, exactly what transpired on the ground. My
recollection was we were waiting for them [the evacuees] to move, waiting for
them to move, waiting for them to move. Then we got this sporadic report that
the compound had come under fire. At the time, it was a very, I guess, an
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As has been previously reported, firefighting continued sporadically at the Annex through
the night, and some of the security team members explained to the Select Committee that they
always believed that a larger attack was coming.
Major General Repass, who had command of the CIF, explained the importance of
sending the CIF to an intermediate staging base instead of directly to Benghazi, because once the
CIF is deployed on a mission, it would be unavailable to respond to other contingencies for more
than 12 hours:
This is a big deal. So, I mean, were focused on the ISB [intermediate staging
base] and, apparently, Benghazi, but thats not the only thing that was going on
at that time. There was a lot of violence going on across the Levant and other
places. So if you look at Sanaa, Yemen wasthe embassy there was
threatened or attacked. Cairo had already been overrun. That was well known.
So we didnt know what was going on with Cairo in the previous 24 hours,
bleeding into 11, September. You had the incident at Benghazi. You also had
Tripoli that was under threat of attack. And then you had Tunis, Tunisia, that
was under threat or attack.
So you had multiple locations. So the question is, where are you going to go,
and how are you going to get there? You got one chance to get this right. So
if you guess wrong, its going to take you 18 hours to reconstitute and get to
where its supposed to be right. So you better guess right the first time.
The other part of this is, is when the [special operations force] launched out
[redacted] of the United States, there was no other crisis reaction force other
than myself and then later on the FAST. So if something happened while those
guys were airborne, what are you going to do now? Where are you going to
go?
So we knew that the incident in Benghazi, the first thing that we knew was
what had happened at theat the consulate. We didnt know what else was
going to happen. So we were looking with a very wide aperture where we may
be needed. And it was my judgment that weif we were going to be needed,
it was going to be somewhere across the northern tier of Africa, which could
range from Cairo to Tunis, Tunisia. So you cant guess wrong here.41
As has been previously reported, firefighting continued sporadically at the Annex through
the night, and some of the security team members explained to the Select Committee that they
suspected that a larger attack was coming. As Republican Members of the House Armed
Services Committee stated in 2014, Majority Members remain concerned about these response
times.42 Some forces did not meet their internal deadlines due to the lack of dedicated aircraft,
the location of the aircraft, and issues with coordination and communication, a fact that the
Defense Department reported to Congress years ago.43
Based on the timeline of how events unfolded, these forces could not have changed the
outcome of events that night. General Ham explained:
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69
Though I know now in hindsight that had the CIF made its timelines, they
would not have been in position to affect the outcome as things eventually
played out on the ground, the reality is, they should have made their timelines.
And thatstheres no excuse for that. They should have made their
timelines. They should have been postured for subsequent use. As it turns out,
they would not have been needed, but we didnt know that at the time. So that,
as I look back on this, the disappointment of the Commanders In-extremis
Force not meeting its timeline is, to me, significant, and I believe the steps
taken by the command and by the Department of Defense after that have
addressed that situation.44
Even if General Ham had ordered the military assets to move directly to Benghazi at the
first possible moment after receiving authority from Secretary Panetta, and even if the forces had
met all of their timelines, those forces could not have gotten to Benghazi on the night of the
attacks before the mortar attack. General Ham explained in the following exchange:
Q:
So what we had just discussed was that both the CIF and the FAST team,
best, best-case scenario, meaning that the vocal order and the [N-hour]
order were established at the exact same time, would mean that they
would be wheels up at 6 a.m., and this indicates that that would be 45
minutes after the mortar attack. Is that accurate?
A:
Had [N-hour] coincided with the earliest verbal direction, that is correct.
Q:
So just seeing that and doing the math, I dont understand how they
possibly could have been there before that second attack at the Annex,
regardless of what information you had contemporaneously about the
sporadic fire that might have occurred between the evacuation of the
State facility and the Annex facility. Just by the math and what has been
phrased in other reports as the tyranny of distance, it seems like it was
impossible. Am I misunderstanding that? Could they have been there
before that mortar attack?
A:
As the events unfolded, no, they could not have been, given the timelines
that were in play that night.45
During several of the Select Committees closed-door interviews, the former Republican
Chief Counsel of the Select Committee, a retired three-star general with more than 33 years of
service in the United States Army, agreed with the militarys actions on the night of the attacks.
For example, during the interview with Secretary Panetta, he stated:
I think you ordered exactly the right forces to move out and to head toward a
position where they could reinforce what was occurring in Benghazi or in
Tripoli or elsewhere in the region. And, sir, I dont disagree with the actions
you took, the recommendations you made, and the decisions you directed.46
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The Republican Chief Counsel also acknowledged that it was clear from the time and
distances involved that none of those military forces could have gotten to Benghazi in time to
save lives. He stated:
And, again, sir, I dont mean to suggest that anything could have been done
differently to affect the outcome in Benghazi, and I think you would agree with
that.47
The Republican Chief Counsel made similar statements in a transcribed interview with
Mr. Bash:
I would posit that from my perspective, having looked at all the materials over
the last 18 months, we could not have affected the response to what occurred
by 5:15 in the morning on the 12th of September in Benghazi, Libya.48
He also stated:
I dont see any way to influence what occurred there. But what I am worried
about is were caught by surprise on 9/11, weve got nothing postured to
respond in a timely mannerand you can debate whats timely, whats
untimely, but nothing could have affected what occurred in Benghazi.49
The evidence obtained by the Select Committee confirms the findings of the ARB in
2012:
The interagency response was timely and appropriate, but there simply was not
enough time given the speed of the attacks for armed U.S. military assets to
have made a difference. Senior-level interagency discussions were underway
soon after Washington received initial word of the attacks and continued
through the night. The Board found no evidence of any undue delays in
decision making or denial of support from Washington or from the military
combatant commanders. Quite the contrary: the safe evacuation of all U.S.
government personnel from Benghazi twelve hours after the initial attack and
subsequently to Ramstein Air Force Base was the result of exceptional U.S.
government coordination and military response and helped save the lives of
two severely wounded Americans.50
During a transcribed interview with the Oversight Committee in 2013, Admiral Michael
Mullen, the Vice Chairman of the ARB and the former Chairman of the Joint Chiefs of Staff,
stated:
Theres no one Ive ever met in the military that wouldnt want to get help
there instantly. The physics of it, the reality of it, it just wasnt going to happen
for 12 to 20 hours. And I validated that in my review when I went to the
Pentagon to look at every single asset that was postured in theater, including
those jets in Aviano.51
He also had this exchange:
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71
Q:
And you were able to essentially take the night of the attacks and almost
work backwards and say, show me where all the assets were in theater or
in that region or around the world, and you were able to look at the time
components and sort of the logistics of what it would take to move from
point A to B, and this includes naval, aviation, ground forces, all
components of the military?
A:
Q:
A:
I am.52
These conclusions also match those of the former Republican Chairman of the House
Armed Services Committee, Buck McKeon, who proclaimed after his investigation:
I think Ive pretty well been satisfied that given where the troops were, how
quickly the thing all happened and how quickly it dissipated, we probably
couldnt have done more than we did.53
These findings also match the report issued in 2014 by Republicans on the House Armed
Services Committee, which concluded:
Given the militarys preparations on September 11, 2012, majority members
have not yet discerned any response alternatives that could have likely changed
the outcome of the Benghazi attack.54
The report also stated:
When the Department of State learned the SMC was being assaulted on
September 11, officials notified DODs National Military Command Center at
the Pentagon. Thus began a chain of events that involved DOD allocating
various forces to the crisis. The response decisions were based upon what
forces were available and could readily be brought to bear on the situation as it
was understood by senior leaders.55
The report further concluded:
Majority members believe the regional and global force posture assumed by
the military on September 11, 2012 limited the response. Majority members
recognize, of course, that it is impossible for the Department of Defense to
have adequate forces prepared to respond immediately to every conceivable
global contingency. Ensuring that preparations exist for some likely
possibilities is not to be confused with the ability to anticipate all prospective
circumstances, especially in highly volatile regions.56
When Select Committee Member Adam Schiff asked about the previous investigation by
Chairman McKeon, Secretary Panetta responded:
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72
[T]he committees that did look at this on a bipartisan basis, and looked at, you
know, the actions of the Department of Defense, all came to the same
conclusion that Buck McKeon came to as chairman, that we had done
everything possible to try to respond to the situation, and they found that just
because of the time and distance and the speed of the attack that we simply
could not have gotten there on time.57
On February 7, 2013, the Senate Armed Services Committee held a hearing entitled:
Attack on U.S. Facilities in Benghazi, Libya.
On March 15, 2013, the House Armed Services Committee held a hearing entitled:
The Posture of the U.S. European Command and U.S. Africa Command.
On Sept. 19, 2013, the House Armed Services Committee received a transcribed
briefing entitled: DODs Posture for September 11, 2013 (Part IV, Force Posture).
On Oct. 10, 2013, the House Armed Services Committee received a transcribed
briefing entitled: DODs Force Posture in Anticipation of September 11, 2012
(Part V, General Dempsey).
These hearings and briefings highlighted the challenges facing the Department of
Defense in responding to crises and operating in Africa given the geography, size, and political
environment on the continent. As a result, the report issued by Republicans on the House Armed
Services Committee concluded:
The U.S. militarys response to the Benghazi attack was severely degraded
because of the location and readiness posture of U.S. forces, and because of the
lack of clarity about how the terrorist action was unfolding.59
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73
For example, during a transcribed briefing on October 10, 2013, before the House Armed
Services Committee, General Martin Dempsey, the Chairman of the Joint Chiefs of Staff,
responded to a question about the militarys positioning from Select Committee Member Tammy
Duckworth by stating:
[T]he tyranny of distance on the African continent is rather remarkable. Most
Americans have no idea, you could stick the continental of the United States
on the top third of Africa with room to spare. The time and distance is
overwhelming.60
General Dempsey also explained that response forces, at some level, will eventually rely
upon basing, and we dont have any basing rights in Africa.61
In February 2013, General Dempseys written statement to the Senate Armed Services
Committee explained that the military positioned its forces prior to the attacks in Benghazi based
on the intelligence it had at the time. He stated: We positioned our forces in a way that was
informed by and consistent with available threat estimates.62
In remarks before the House Armed Services Committee in October 2013, General
Dempsey elaborated:
Leading up to and throughout the day of the attack in 2012, I had received
reports of possible threats to U.S. interests, including in Sanaa, Khartoum,
Islamabad, Peshawar, Kabul, Cairo and Baghdad. I didnt receive any specific
reports of imminent threats to U.S. personnel or facilities in Benghazi.63
General Carter Ham, the Commander of U.S. Africa Command, explained during a
transcribed briefing on June 26, 2013, that military response capabilities have tremendous
resource implications, especially in an area as vast as United States Africa Commands area of
responsibility.64
General Ham previously described the threat streams that he was focused on in the run-up
to September 11, 2012, during a transcribed interview before two congressional committees on
April 9, 2014:
So there were a couple of areas that we were particularly focused on. There
was a threat stream in Khartoum that the Embassy was concerned about, and
so we had a response force in [redacted] that was watching that very carefully.
There was a threat stream in Tunis, which was also of concern. And in Niger
and northern Mali, the threat of Al Qaeda in the Lands of the Islamic Maghreb,
who had conducted attacks previously; there was concern there. And then
lastly, Boka Haram in Northern Nigeria.65
During the Select Committees interview with General Ham, he re-affirmed his numerous
previous statements to Congress about Africa Commands force posture leading up to the
September 11 anniversary in 2012:
For the personnel under the commands control, both at the headquarters in
Germany but, more importantly, for those across the area of responsibility, it
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74
was heightened awareness. It was limit travel and exposure; rehearsal, in some
cases, of servicemembers and families moving to safe spots in the various
communities in which they operated across the African continent; reaffirming
contact lists and means for individuals to make situations aware to their
security personnel wherever they may be located around the continent.
We, in the days, weeks leading up to September 11th, had, to my recollection,
conference calls or secure video teleconferences with each of the commands,
service component commandsAir Force, Navy, Marine Corps, Army, and
Special Operationsagain, to make sure that they were taking adequate
precautions as well.66
General Ham explained to the Select Committee why he chose not to place strike aircraft
on alert status in the days leading up to September 11:
It was, again, in consultation with that commander, with my own operations
staff, and ultimately my own decision that, given the nature of incidents which
we envisioned might unfold on September 11thunrest, improvised explosive
devices, sniper, something like thatthat strike aircraft would not be the
correct response force.
A number of reasons for that. One is, typically, strike aircraft are most
effective when they can apply their precision weapons. That requires detailed
information about the situation on the ground, a specific means of targeting
and target designation. Again, that generally is driven by intelligence. And
the other factor is, in some places, the unknown presence of air and missile
defense systems and then the ability to posture forces for recovery of a downed
pilot should you lose an aircraft for maintenance, for hostile action, for any
reason.
So a number of complicating factors. But the core of it to me was it was, in
my judgment, the wrong tool, if you will, the wrong asset for the situations
which we envisioned.67
The Commander of the EUCOM CIF explained the challenge of positioning forces and
anticipating future threats:
[T]here seems to be unrest everywhere all the time, sobut prepositioning for
an emergency, in my honest opinion, is almost like guesswork. If you always
try to preposition for an emergency, what youre positioning might not be
capable of doing what you want it to do because they dont have time to train
and be prepared.68
In response to the attacks in Benghazi, the Defense Department made significant
improvements in pre-positioning military forces to help prepare for potential future responses in
the region.
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75
Following the attacks in Benghazi, the Chairman of the Joint Chiefs directed the Joint
Staff to collect observations from the events and determine lessons learned. The report
outlining the lessons learned was provided to the House Armed Services Committee on
November 26, 2013, and subsequently to the Select Committee. Although the report is
classified, many of its observations and recommendations now make up what has been termed
The New Normal in Africa and the Middle East.69
The Department of Defense informed the Select Committee that its New Normal
response plan was implemented in 2013.70 The plan was developed in conjunction with the State
Department and addressed issues ranging from the speed with which forces are able to respond
to the availability of airlift to support forces.71
Underlying this new plan was a shift in the Department of Defense focus from reactive
capabilities to proactive options emphasizing early reinforcements of U.S. facilities and early
drawdown of personnel.72
As part of these changes, the following forces have been added to the military posture in
the Middle East and Africa:
U.S. Africa Command: A crisis response Special Purpose Marine Air-Ground Task
Force, two Marine Fleet Anti-Terrorism Security Teams, and the Armys East Africa
Response Force.
U.S. Central Command: A Special Purpose Marine Air-Ground Task Force, two
Marine Fleet Anti-Terrorism Security Teams, an Amphibious Ready Group/Marine
Expeditionary Unit, and other capabilities.
In addition, 21 Marine Security Guard detachments have been added to diplomatic posts
since 2013. The Marine Corps and State Department have expanded the primary mission of
Marine Security Guards to include the protection of personnel and facilities in addition to its
former primary mission of preventing the compromise of classified information. The Marine
Corps has also established a Marine Security Augmentation Unit to supplement Marine Security
Guard personnel at overseas facilities.73
Another change was the establishment of a dedicated Commanders In-Extremis Force
(CIF), now called the Commanders Response Force (CRF), for AFRICOM. Although
preparations had begun to establish a dedicated CIF before the Benghazi attacks, the unit was
formally established on October 1, 2012. On the night of the attacks, AFRICOM relied on the
CIF from the European Command, which lengthened the response time.
Defense Secretary Leon Panetta testified about these changes before the Senate Armed
Services Committee in February 2013:
We are focused on enhancing intelligence collection and ensuring that our
forces throughout the region are prepared to respond to crisis if necessary. The
U.S. military, as Ive said, is not and, frankly, should not be a 911 service,
capable of arriving on the scene within minutes to every possible contingency
around the world. The U.S. military has neither the resources nor the
responsibility to have a firehouse next to every U.S. facility in the world. We
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76
have some key bases, particularly in this region. We have some key platforms
from which we can deploy. And we have forces on alert and were prepared to
move. But our ability to identify threats, to adjust posture, to prevent plots and
respond to attacks to our personnel at home and overseas depends on
actionable intelligence and it always will.
Therefore, were working with the State Department and the intelligence
community to ensure that our collection and analysis is linked with military
posture and planning. Were working to enhance our intelligence collection, to
improve the responsiveness of contingency assets, and to adjust the location of
in extremis reaction forces. At the same time, were working closely with
State to ensure they have our best estimate of response times for each at risk
diplomatic facility, so that they can make the best informed decisions about
adjustments to their staff presence in areas of increased security threat. Weve
deployed key response forces abroad. We have reduced their response time.
But let me again say to you that even those forces that are on a tight alert time
of N plus 2, notice plus 2 hours to be able to get on a plane, once those forces
are put on airlift it still requires many hours in that part of the world to fly
distances, long distances, in order to be able to respond.74
Secretary Panetta explained that the Defense Department also began co-locating airlift
capabilities with FAST teams abroad:
[I]n response to this, what we have done is to make sure that we deploy those
FAST teams that are out there. Weve located them in key areas. Weve
reduced their response time. We now have airlift associated with them. The
fact is some of these FAST teams did not have airlift. Airlift we would have
had to deliver from other areas. We now have airlift that is associated with
those teams. So we have taken a number of steps to try to improve our ability
to respond.75
General Ham explained to the Select Committee that the Department of Defense is now
better positioned for crisis response due to the changes it has implemented following the
Benghazi attacks:
In general, I think the Department of Defense is better postured for crisis
response now than they have been for a long while.
But we should also never forget that primary responsibility for the security of
U.S. diplomatic facilities abroad rests with the Department of State and with
the host nation, just as, obviously, security for diplomatic facilities here in this
city resides with our country. So thats the primary responsibility.
But I think, given the vastness of the AFRICOM area of responsibility and
given the unfortunate rise of Islamic and other terrorist threats across the area
of responsibility, to me, it is prudent and responsible to have increased
AFRICOMs crisis-response capabilities.
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So, again, in my view, it begins with the dedication of the Commanders Inextremis Force under Commander, U.S. Africa Commands authority. He can
posture that force wherever the intelligence leads him to posture it. Thats a
tremendous improvement over the situation of just a few years ago. It provides
him extraordinary capability.
Similarly, the establishment of the Marine Corps Special Purpose Marine AirGround Task Force, I think, is a huge benefit and improvement in crisis
response. More broadly, the closer tethering and dedication of aircraft for
Fleet Antiterrorism Security Teams and the Commanders In-extremis Force
enhances their responsiveness as well.76
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Did the Secretary of State ever tell you to stand down or slow the
Department of Defense response?
A:
Not at all. You know, thats athats a big word, stand down. And
let me tell you, not only did I never hear that word mentioned, but if
somebody had said that, I think, you know, it would not have interfered
with my orders to proceed.81
Secretary Panetta explained that no one ever ordered military forces to stand down that
night:
Q:
And I just want to be clear. To your knowledge, there was no standdownI mean, to your knowledge, any stand-down orders given with
regard to this operation on that night?
A:
No. Never, never. It would have been against everything that the
military stands for. You know, the military, their whole focus is on
being able to protect particularly their own. Thats what they do. To
even imply that somehow the military, or someone would have said,
maybe we shouldnt go, its too risky, its crazy. Its just not the way our
military operates.82
Secretary Panetta also rejected repeated Republican allegations that he or anyone else in
the military intentionally slowed the response on the night of the attacks:
My directions were very clear; those forces were to be deployed, period. And,
you know, just because of the timeline involved, you know, my whole
approach was we need to move them and move them as fast as we can in order
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79
to try to respond. And as I am sure youre all aware, were dealing with a lot
of time and distance in order to make it happen. So I wanted no interference
with those orders to get them deployed.83
He continued in this exchange:
Q:
Was protecting American lives the top priority for you and everyone you
worked at that night?
A:
Q:
Did you have any sense that the people in the military that you worked
with would have slowed down or taken their time at any point in that
evening?
A:
Absolutely not.84
This account was corroborated by previous testimony by General Martin Dempsey, the
Chairman of the Joint Chiefs of Staff, before the Senate Armed Services Committee on February
7, 2013. General Dempsey testified:
I want to make just one comment related to your chronology because I think
its important. Once we started moving forces, nothing stopped us, nothing
slowed us. The only adaptation we thought about making was for a period of
time we thought we were going to be entering a hostage rescue because we
didnt know where the Ambassador was. But once we started forces moving,
they didnt slow, they didnt stop.85
General Carter Ham, the Commander of U.S. Africa Command, addressed these
allegations in an exchange with Ranking Member Cummings:
Q:
Was protecting American lives the top priority for you and everyone you
worked with and spoke to that night?
A:
Yes, sir.
Q:
A:
Yes, sir.
Q:
Did the President ever tell you to stand down or slow the military
response?
A:
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80
Q:
Did Secretary Panetta ever tell you to stand down or slow down the
military response? And I understand your previous answer, but I want to
make it clear. Were establishing a record for the tenth time, but go
ahead.
A:
He did not.
Q:
Did the Secretary of State or anyone else ever tell you to stand down or
slow down DODs response?
A:
No, sir, and I had no communication with the Secretary of State during
this incident.86
Admiral Kurt Tidd, the Director for Operations for the Joint Staff at the Pentagon,
corroborated the testimony of Secretary Panetta and General Dempsey:
Q:
Sir, since the Benghazi attacks, theres been sort of multiple allegations
that somehow the Defense Department was told to stand down, whether
it was, you know, Secretary Clinton telling Secretary Panetta. On your
SVTC [secure video teleconference] or throughout the night, did anyone
ever indicate that you should stand down?
A:
I dontI dont recall hearing anybody saying stand down. Ive read the
same allegations, the same stories, and II dont know where that came
from.
Q:
And just to be very clear, did the Secretary of State ever tell you or
anyone at DOD to stand down?
A:
Q:
Did the President ever tell you or anyone at the Department to stand
down or slow the response?
A:
General Philip Breedlove, the Commander of U.S. Air Forces in Europe, had the
following exchange with the Select Committee:
Q:
Sir, you mentioned that your staff beganthat you directed your staff to
proactively spin up once you heard about what was going on and
A:
Actually, it was the chief of the AOC [air operations center], the JOC
[joint operations center]the AOC directed that started the spinning up
the 24/7 crew that was there, and then they started running the recall that
eventually got me headed to the AOC.
FINDINGS
81
Q:
And during the course of those events, as they are preparing, did anyone
ever tell them to slow down or stand down in their efforts to sort of spin
up?
A:
No.
Q:
Did anyone ever slow down their efforts for any reason?
A:
Vice Admiral Charles Leidig, the Deputy to the Commander for Military Operations at
Africa Command, also had the following exchange with a previous congressional committee in
2014:
Q:
And just to follow up on that point, there have been some statements to
this effect, and I would just like to ask you for your comment on them,
but on the night of the attacks, did you or to your knowledge anyone in
your command receive any order from then Secretary of State Hillary
Clinton to stand down?
A:
I never received any orders from the Secretary of State or heard of any
orders from the Secretary of State.89
Secretary Panettas Chief of Staff, Jeremy Bash, also rejected Republican accusations
that the military response was intentionally slowed or delayed:
Q:
There have been a lot of sort of questions and theories over the years that
speculate that there were more resources that werent sent to Benghazi
on the night of the attack. And they imply that you or other officials
within the military or the interagencies had resources at your disposal
that you chose not to send. Can you respond to that?
A:
FINDINGS
82
And then the email continues with the following sentence: Assuming
principals agree to deploy these elementswho are the principals that
wouldve had to agree to deploy the elements that you had identified?
A:
No one. I had the authority to deploy those forces. And I ordered those
forces to be deployed. And I didnt have to ask anybodys permission to
get those forces in place.
FINDINGS
83
Q:
A:
Thats right.
Q:
A:
Thats correct.95
There has been a persistent myth as you probably are aware that
someone ordered the military assets to stand down and not go to rescue
the people in Benghazi. Are you aware of any evidence that anyone
ordered these military assets to stand down that you had ordered to
deploy?
A:
Not at all. I wasfirst of all, I would never have allowed that to happen.
But secondly, I was not aware of anyone contradicting the orders to get
these units deployed as quickly as possible.
Q:
So when my colleagues were asking you about the Jeremy Bash email, I
think the implication is that some other principal ordered a stand down,
notwithstanding your order to deploy. Are you aware of anyone doing
that?
A:
I am not.
Q:
Did anyone in the Defense Department, Mr. Bash, or anyone else, ever
come to you and say, Mr. Secretary, they are ignoring your order to
deploy?
A:
No. Not at all. On the contrary. They were assuring me that the forces
were moving into place.96
Secretary Panetta explained that because he issued his orders directly to military
commanders, his Chief of Staffs email had no impact on the movement of forces that night:
A:
I just say, do it. Take the hill. They take the hill.
Q:
And their process for taking the hill wouldnt have been to use your staff
or Jeremy Bash. Is that right?
A:
Thats correct.
Q:
So their process for taking the hill would have been to leave that room
and start those forces moving. Right?
FINDINGS
84
A:
Q:
So Jeremy Bash, who was your chief of staff, would have been, is it fair
to say, merely informing other people about what was already being
ordered to move forward by those generals?
A:
Secretary Panetta dismissed the claim that the need for diplomatic clearances may have
slowed the response:
Q:
And, from your perspective, sir, the action to secure diplomatic approval
or country clearance could have been accomplished in parallel
A:
Yes.
Q:
A:
General Dempsey, addressed this point during his testimony before the Senate Armed
Services Committee on February 7, 2013:
I want to assure you, had we been able totheres been a whole bunch of
speculation about we were risk-averse, we needed the countrys permission to
come in. If we had been able to get there with anything, wed have gone in
there under the command of the Commander of U.S. Africa Command.99
Dr. James Miller, the Under Secretary of Defense for Policy and senior civilian advisor to
Secretary Panetta, also told the Select Committee that the issue of country clearance was
irrelevant to the Department of Defenses efforts to save American lives:
Q:
FINDINGS
85
A:
No. I recall in reading the email summary of the SVTC [secure video
teleconference], that had arose in that conversation. And my view was
that it was irrelevant, that if we needed to deploy forces to protect
American lives, that we have the legal authority, and we have the,
indeed, the obligation to do so. And I dont have any indication that
those concerns slowed down any element ofof the Department of
Defense preparations or implementation of its deployments.
Q:
A:
Vice Admiral Leidig also explained that obtaining country clearance did not delay or in
any way slow the militarys response on the night of the attacks: I was never waiting for
anything. He also stated: But Im telling you, in this deployment, there was never an issue
with country clearance. There just wasnt. It never became an issue. You have to ask, its
routine to ask, but it was never a problem. It never held up anything.101
The Select Committee questioned Mr. Bash extensively about this email, and he rebutted
the claim that Secretary Panetta was waiting for the State Departments approval:
Q:
And Judicial Watch, which released the email, stated that it, quote,
leaves no doubt military assets were offered and ready to go and
awaiting State Department signoff, which did not come, end quote.
When you wrote the email, did you intend to state or imply within it that
the State Department needed to approve or sign off on the deployment of
military assets?
A:
Of course not. I think the Secretary has written about this and has
testified about this, and the Chairmans testified about this. The assets
were identified, they were deployed, and they went. Theywe now
know, in hindsight, how far they got.
Q:
A:
Mr. Bash explained in an exchange with Chairman Gowdy that Secretary Panetta was
meeting with his military commanders at the time Mr. Bash wrote the email:
Q:
FINDINGS
86
Q:
Well, lets try it this way, then. Did you have to go back to Secretary
Panetta and get further permission before any of these things went into
motion?
A:
Did I?
Q:
Did anyone?
A:
Well, it wouldnt be me that would have to go back to him. But once the
deployment orders were given, no.
Q:
So there was nothing to assume at the time you wrote this email because
you didnt have to go back to him and get him to agree to deploy because
you didnt go back and get him to agree to deploy.
A:
Well, as I stated previously, this email was sent while the meeting was
going on, and the meetings were still happening in the Secretarys office.
So the meeting hadntthe meetings hadnt concluded in the Secretarys
office about the deployment decisions.
Q:
A:
FINDINGS
87
A:
Q:
Would it include any names that you did not list in that series, Dempsey,
Ham, and Joint Staff?
A:
Q:
A:
Preparing.
Q:
A:
I dont know, sir. It was a crisis situation. I was banging out an email
pretty fast. I dont know that I spent too much time choosing every word
carefully. But spinning up is a phrase that I tended to use a lot when I
referred to people preparing to do something. I want to make clear, I
dont think I was referring tobecause it wouldnt have made sense
you know, a rotor of a helicopter spinning, like, I think, physically
spinning through space. I think it was more of a colloquialism of
spinning up meaning preparing, getting ready.
Q:
Do you understand how somebody might take it that thats how you
meant it?
A:
Yes, except, obviously, as the committee knows, though, you cant fly a
helicopter unrefueled from Rota, Spain, to Benghazi. Its l,500 miles.
So that wouldnt make any logical sense.104
A:
Yeah.
Q:
FINDINGS
88
A:
And you mentioned that, even had you had aircraft collocated and loaded
up within an hour, you could not have made it to Benghazi prior to the
second attack. Is that right?
A:
That is correct, maam. And as per FAST mission, we are not designed
as a hostage rescue force. We are notwhat was happening on the deck
FINDINGS
89
on the evening of the 11th to the morning of the 12th is not within the
parameters of FAST mission.
Q:
Right.
A:
A Marine can do it, and a Marine FAST platoon can absolutely do it, and
we are capable of doing many things. However, we are designed to do
limited duration perimeter security. So, in order for a FAST platoon to
be effective in a place like Benghazi, we would have had to have gone in
off the indications and warnings of things that happened in June and put
up that layer of steel, that physical indicator to our enemies that
American marines are here and dont mess with us.
Q:
And you mentioned in the last hour even the confusion you had over the
uniforms did not make a difference in your ability to complete your
mission. Is that right?
A:
The request for the Marines to wear civilian clothes when they entered Tripoli came from
Embassy Tripoli, with the intent of preventing them from becoming a target of a potential enemy
force in Libya. Admiral Kurt Tidd, the Director for Operations for the Joint Staff at the
Pentagon, described his conversations with State Department officials that night, in which they
all agreed that the priority was for the FAST team to get to Tripoli as quickly as possible:
A:
And that wasmy recollection was that was the phone call we [Admiral
Tidd and a senior State Department official] were having over whether
or not uniforms, no uniforms, howwhats the fastest you can move.
And we just all agreed that the key thing is to get them there as quickly
as possible, the Marines, the FAST Marines.
Q:
Thank you. So it was your sense, then, in that discussion and other
discussions you may have been briefed or informed about with the State
Department that the State Department wanted forces there
instantaneously? That wasthat continued throughout the evening?
A:
Q:
And in your discussions with the State Department about changing into
civilian clothes and other things, waswas the request from the State
Departmentwere those all subordinate to the interests from the State
Department that the forces get there as quickly as possible?
FINDINGS
90
A:
That was my sense. It was from a security perspective that, I think, they
were thinking of not moving uniformed marines at night in buses
through theyou knowor, actually, in the early hours of the morning
through downtown Tripoli to the embassy. And so I think that the only
question I had was, okay, if it comes down to a question of with
uniforms or without uniforms, is it more important to move them
quickly? The answer was, yes, get them there quickly.
Q:
A:
Correct.108
FINDINGS
But getting back to the MANPADS threat, its [the proposed aircraft] not
something that I would have wanted to put in harms way that night. We
91
had the pred feeds. I dont know what else Id need. But if youre
looking at that as a weapon, I wouldnt have put it in.
Q:
If you knew there was one in Souda Bay [redacted], would you have
used that asset?
A:
I doubt it.111
Similar questions were raised years ago in a 2013 hearing before the Senate Armed
Services Committee, when General Dempsey, Chairman of the Joint Chiefs of Staff, was asked
about the possibility of sending air assets from Crete:
Q:
The Crete base. I dont know the capacity, but given that that was pretty
close in terms of transportation time, why was that not an option to get
people there faster? Was it a question of who and what is at the Crete
base? General Dempsey?
A:
FINDINGS
How quickly do you believe you could have gotten out of your bed and
landed in Benghazi with all your people and everything you had with
you?
92
A:
Vice Admiral Charles Leidig, the Deputy to the Commander for Military Operations at
AFRICOM, rejected the C-17 pilots allegation:
Im going to try to answer this as clearly as I can. I dont know where the
major was or what he was doing that night, all right? But to get a C-17 ready,
with the medical capability and the configuration required to medevac the type
of injuries that we had, we had the most senior people in the military around
the globe working on it.
For the major to suggest that he could somehow do it better than three
significant staffs is incredulous to me. You often find that officers operating at
the tactical level have little understanding of the larger requirements to deploy
an aircraft. So again, I find his claims to be largely without credibility.115
The Select Committee interviewed Brigadier General Patrick Mordente, who served as
the Deputy Director of Operations for U.S. Transportation Command (TRANSCOM) on the
night of the attacks, which had operational control of the C-17 flown by Major Stahl. Brigadier
General Mordente explained:
Again, when youre in the situation and youre trying to figure out how best to
do what youre trying to do, you know, I spoke earlier about we put people in
harms way all the time. We do this, but we dont do it foolishly. We do it
methodically.
I think I mentioned earlier when we met the last time, I think a lot of people
think that we are going to take a big airplane and we are going to land it at an
airfield like Atlanta Hartsfield and we are going to walk up, taxi it up to the
gate. We are going to get off the airplane. We are going to go to the gate
agent and we are going to say, hey, Im looking for some passengers. Thats
not the type of environment we fly into.
And so to fly an asset, and I have heard people say Benghazi, we should have
flown to Benghazi. To do what? By the time we knew what had happened, we
had a dead ambassador. Now we are going to take an entire asset and crew
members and put them in a situation we are not really sure, at least from a
TRANSCOM perspective, not sure what the ground situation is like? And oh,
by the way we found out that they are being evacuated out and heading to
Tripoli which is probably a better scenario for us anyway because we can get
the plane on the ground in Tripoli. We have assets, the embassy is there. We
can take a look, they can land there.
Like I mentioned, they got medical treatment and they were stabilized. And
then when you take a look at by the time I got the permissions and had the
FINDINGS
93
authority to execute, we had done our homework. We knew where the asset
was, the crew, the CCATT [Critical Care Air Transport Team]. We had done
the TWG [Threat Working Group]. We had launched, I mean, dad gumit, 9
hours and 15 minutes from the time you pick up a plane and you tell
somebody, go into a situation like that, until you have the four wounded back
at Ramstein getting medical attention. There is nobody that can do that. No
one.116
Brigadier General Mordente elaborated on the risks he had to weigh at the command
level in deciding whether to send a C-17 transport plane directly into an unknown situation in
Benghazi:
Q:
A:
Based on the videos that I saw, probably a very unruly crowd. Im not
quite sure what the situation was on the ground in Benghazi. And who
were you going to meet up with? And who was your point of contact?
What kind of MANPAD threat? What kind of small-arms threat? What
were all of those? So to say that you could have flown to Benghazi,
very, very, you know, thats looking through a soda straw and not
looking at what all goes into a mission setup. And like I said earlier, had
we done that, in my opinion, this would have been a different interview.
You would have been asking me why I lost a C-17 aircraft and the crew,
potentially.117
Looking back on the events of that night, is there anything that you
believe TRANSCOM could have done differently or should have done
differently?
A:
FINDINGS
94
Committee on at least two occasions and allowed staff to stop the footage frequently to re-view
key moments.
In February, long after reviewing the footage, Chairman Gowdys staff met with Defense
Department officials and requested transcribed interviews with all of the drone personnel
which turned out to encompass three dozen individuals. Republicans also specifically requested
an interview with an individual who called into Sean Hannitys radio show in 2013 and
identified himself as a drone sensor operator named John from Iowa.
On April 28, 2016, the Assistant Secretary of Defense for Legislative Affairs responded
to Chairman Gowdy by expressing frustration with the recent crescendo of new requests from
the Select Committee. He explained that although Republicans previously provided the
Department with what was represented to be a final list of requests, that list continued to
expand and additional requests have continued to follow.120
With respect to the Chairmans request for transcribed interviews with drone operators,
the Assistant Secretary explained that interviewing those individuals was unnecessary since the
Department had already provided access to the video from the drones more than a year earlier.
He stated that it remains unclear what additional information could be gained from these
interviews.121
He explained that the Department tried to accommodate the Chairmans request, but it
resulted in a time-intensive search that required DoD to locate another half-dozen current and
former service members.122 Despite these challenges, the Department identified the requested
individuals within three months, and the Select Committee interviewed John from Iowa on
June 9, 2016.
After the interview, Chairman Gowdy issued a press release complaining about the
curious DOD delays in identifying John from Iowa and questioning the veracity of the
Departments claims that they could not locate him more quickly.123
The next day, Chairman Gowdy issued a unilateral subpoena to compel the Assistant
Secretary to testify at a deposition before the Select Committee about serious questions that
have arisen with respect to this matter, including whether they are related to incompetence or
deliberate concealment of a witness from a congressional inquiry.124
The Select Committees Republican Communications Director tried to argue that John
from Iowa provided the Committee with critical new information. He stated:
In fact, the operators were able to tell the committee what they were directed to
look for, what information they were focused on gathering, what information
was relayed up the chain of command and what capabilities the drones
possessed. Video footage the administration refuses to let the American
people see and briefers instructed what to say cannot do that.125
In fact, John from Iowa provided virtually no new substantive information about the
attacks and instead explained that he had called into Sean Hannitys radio show only to make
FINDINGS
95
sure that Congress had access to the drone video, which he stated was the best evidence of what
occurred on the night of the attacks.
Although Republicans have prevented Democrats from publicly releasing the full
transcript of this interview by refusing to allow Democrats to have their own copy, Democratic
staffers were able transcribe some quotes from his interview, which are set forth below.
John from Iowa explained that he was a drone camera operator for less than three hours
on the night of the attacks, starting at approximately 10:30 or 11:00 p.m. Benghazi time. He
began after the attack at the Special Mission Compound and concluded before the mortar attack
on the CIA Annex. He explained that he spent approximately 5 to 10 minutes over the Special
Mission Compound before he was told to redirect his camera to the Annex.
He had the following exchange:
Q:
So on that nightand I just want it focus on what you saw and you
could tell from that evening?
A:
Yes, maam.
Q:
A:
Q:
Okay. And so what you are viewing is infrared people. Does that make
sense?
A:
Yes, yes, maam, black and white. White is hot, black is not.
Q:
Okay. And you dont right now recall if the individuals you were seeing
were on the inside of the walls of the compound are on the outside of the
walls of the compound?
A:
I do not recall.126
He explained that his role was limited to directing the camera where he was instructed,
and he did not recall relaying any information about what he was observing up his chain of
command:
Q:
And what were you told about what you were looking for in terms of
what the facility was, what was happening there, friendlies, bad guys, et
cetera?
A:
The only information that I had right that evening was just to ensure that
the individuals that were in that compound, who I didntright, I didnt
know who they were, who they worked for at the timewas just make
FINDINGS
96
And is there anything that you would have been able to see that one cant
observe from watching the video?
A:
No.
Q:
[I]f there is a discrepancy between what you are recalling from that
evening in terms of what individuals were where, or whether you saw
bad guys, or whether you saw fire between your recollections 3 plus
years later and the video, should we rely on your recollection or the
video?
A:
The video.
Q:
And so, just to sort of sum up, your personal knowledge of the night is
captured by the drone video. Is that accurate?
A:
Yes, maam.129
He explained that he called into Sean Hannitys radio show in 2013 not because of what
he had seen himself, but because he believed that the video footage from the drone before his
shiftthat he had never seenmight show the beginning of the attack:
Q:
A:
During the time period he was operating the camera, he could see general activity on the
ground, but could not identify attackers or potential attackers and never saw gunfire exchanged:
FINDINGS
97
Q:
And could you tell from the infrared sort of view that evening whether
the individuals you were looking at were good guys or bad guys?
A:
One of the drone pilots interviewed by the Select Committee explained that, even if the
drones were armed, they could not have been used for air strikes because of the inability to
distinguish friend from foe:
But even that said, in this situation, there would be no way to call in air strikes
because it wasnt a traditional close air support situation where the friendlies
were separate from the hostile forces. Everything was mixed up by the time
we already showed up. So even if we did have Hellfires on board and even if
there was a joint terminal attack controller that could give us clearance to
shoot, theres still no way that we could have shot, because the collateral
damage would be enormous and there was no way to confirm what the target
was.132
These statements are consistent with those of previous witnesses who appeared before the
Select Committee. Major General Michael Repass, the Commander of Special Operations for
U.S. European Command on the night of the attacks, told the Select Committee, watched the
drone video in real time on the night of the attacks:
I was unable to tell friend from foe. I had no idea who these people were. And
I dont know that there was any communications with whoever was left at the
Benghazi compound.133
General Carter Ham, the Commander of U.S. Africa Command, described the view
provided by drone footage:
I have learned over time of having watched live feed from intelligence,
surveillance, and reconnaissance assets that an untrained observerand I was
an untrained observerdid not know what youre looking at unless it was very
specifically honed in on a target.134
Admiral Kurt Tidd, the Director for Operations for the Joint Staff at the Pentagon,
explained:
But it waswe were able to call up the feed and see what AFRICOM was
looking at, but AFRICOM was kind of controlling where it was flying and
what it was looking at. I have subsequently seen that video. But if I had not
had somebody sit with me and explain to me exactly what was going on, it was
very difficult to try and pick out what was happening. It was as we were
preparing for the ARB that I finally got a sense of what was going on. If you
looked at it, after watching it live, and particularlyit is not like you have got
this commentary that is running in the background, youre just looking at black
and white images and trying to sort out where it is, what youre looking at,
whos who. It was a very confusing scene.135
FINDINGS
98
General John Kelly, the Senior Military Assistant to Secretary Panetta, explained that
even if it had been possible to arm a drone with a Hellfire missile and reposition it over
Benghazi, it would not have been appropriate to use such a weapon:
I mean, in a case like this, again, to have the aircraft, drone or otherwise, over
the target, potential target, is one thing, but to know who the people are that
youre about to kill is an entirely different thing.136
FINDINGS
99
ENDNOTES
Select Committee on Benghazi, Interview of Secretary of Defense Leon Panetta (Jan. 8, 2016).
Id.
3
Id.
4
Id.
5
Id.
6
Id.
7
Select Committee on Benghazi, Interview of General Carter Ham (June 8, 2016).
8
Id.
9
Id.
10
Id.
11
House Committee on Armed Services and the House Committee on Oversight and Government Reform,
Interview of General Carter Ham (Apr. 9, 2014).
12
Select Committee on Benghazi, Interview of Vice Admiral Charles Leidig (Apr. 22, 2016).
13
Id.
14
Id.
15
Select Committee on Benghazi, Interview of General John Kelly (Mar. 23, 2016).
16
Id.
17
Select Committee on Benghazi, Interview of Under Secretary of Defense for Policy Dr. James Miller
(May 10, 2016).
18
Select Committee on Benghazi, Interview of Secretary of Defense Leon Panetta (Jan. 8, 2016).
19
Id.
20
Select Committee on Benghazi, Interview of Department of Defense Chief of Staff Jeremy Bash (Jan. 13,
2016).
21
Select Committee on Benghazi, Interview of General Carter Ham (June 8, 2016).
22
Select Committee on Benghazi, Interview of Under Secretary of Defense for Policy Dr. James Miller
(May 10, 2016).
23
Select Committee on Benghazi, Interview of Admiral Kurt Tidd (Apr. 4, 2016).
24
Id.
25
Select Committee on Benghazi, Interview of General Carter Ham (June 8, 2016).
26
Select Committee on Benghazi, Interview of General Philip Breedlove (Apr. 7, 2016).
27
Id.
28
Select Committee on Benghazi, Interview of Major General Michael Repass (Apr. 15, 2016).
29
Select Committee on Benghazi, Interview of General John Kelly (Mar. 23, 2016).
30
Department of Defense, Timeline of Department of Defense Actions on September 11-12, 2012.
31
Select Committee on Benghazi, Interview of Vice Admiral Charles Leidig (Apr. 22, 2016).
32
House Committee on Armed Services, Majority Interim Report: Benghazi Investigation Update (Feb.
2014) (online at http://armedservices.house.gov/index.cfm/files/serve?File_id=C4E16543-8F99-430C-BEBA0045A6433426#page=17); Select Committee on Benghazi, Interview of Admiral Kurt Tidd (Apr. 4, 2016).
33
Select Committee on Benghazi, Interview of Admiral Kurt Tidd (Apr. 4, 2016).
34
Select Committee on Benghazi, Interview of General Carter Ham (June 8, 2016).
35
Select Committee on Benghazi, Interview of Admiral Kurt Tidd (Apr. 4, 2016).
36
Id.
37
Id.
38
Select Committee on Benghazi, Interview of General Carter Ham (June 8, 2016).
39
Select Committee on Benghazi, Interview of DOD Servicemember (Sept. 22, 2015).
40
Select Committee on Benghazi, Interview of CIA Officer.
41
Select Committee on Benghazi, Interview of Major General Michael Repass (Apr. 15, 2016).
42
House Committee on Armed Services, Majority Interim Report: Benghazi Investigation Update (Feb.
2014) (online at http://armedservices.house.gov/index.cfm/files/serve?File_id=C4E16543-8F99-430C-BEBA0045A6433426#page=17).
2
FINDINGS
100
43
E.g., Department of Defense, Benghazi, A Summary of Lessons Learned (Nov. 26, 2013) (delivered to the
House Committee on Armed Services in November 2013); Department of Defense, AFRICOM Regional Force
Posture Map 11 September 2012 (Version 6) (delivered to the House Committee on Armed Services in April 2013).
44
Select Committee on Benghazi, Interview of General Carter Ham (June 8, 2016).
45
Id.
46
Select Committee on Benghazi, Interview of Secretary of Defense Leon Panetta (Jan. 8, 2016) (quoting
Majority Chief Counsel).
47
Id. (quoting Majority Chief Counsel).
48
Select Committee on Benghazi, Interview of Chief of Staff Jeremy Bash (Jan. 13, 2016) (quoting
Majority Chief Counsel).
49
Id. (quoting Majority Chief Counsel).
50
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
51
House Committee on Oversight and Government Reform, Interview of Admiral Michael Mullen (June
19, 2013).
52
Id.
53
GOP Chairman Satisfied with Military Response to Benghazi Attack, Fox News (Apr. 10, 2014)
(www.foxnews.com/us/2014/04/10/gop-chairman-satisfied-with-military-response-to-benghazi-attack.html).
54
House Committee on Armed Services, Majority Interim Report: Benghazi Investigation Update (Feb.
2014) (online at http://armedservices.house.gov/index.cfm/files/serve?File_id=C4E16543-8F99-430C-BEBA0045A6433426#page=17).
55
Id.
56
Id.
57
Select Committee on Benghazi, Interview of Secretary of Defense Leon Panetta (Jan. 8, 2016).
58
Americas Newsroom, Fox News (May 17, 2016) (online at www.youtube.com/watch?v=5GsXrZSyIj0).
59
House Committee on Armed Services, Majority Interim Report: Benghazi Investigation Update (Feb.
2014) (online at http://armedservices.house.gov/index.cfm/files/serve?File_id=C4E16543-8F99-430C-BEBA0045A6433426#page=17).
60
House Committee on Armed Services, Subcommittee on Oversight and Investigations, Hearing on the
Defense Departments Force Posture in Anticipation of September 12, 2012, 113th Cong. (Oct. 10, 2013).
61
Id.
62
Senate Committee on Armed Services, Hearing to Receive Testimony on Department of Defenses
Response to the Attack on U.S. Facilities in Benghazi, Libya, and the Findings of its Internal Review Following the
Attack (Feb. 7, 2013) (online at www.armedservices.senate.gov/imo/media/doc/DODresponsetoBenghaziattack_hearing_020713.pdf).
63
House Committee on Armed Services, Subcommittee on Oversight and Investigations, Hearing on the
Defense Departments Force Posture in Anticipation of September 12, 2012, 113th Cong. (Oct. 10, 2013).
64
House Committee on Armed Services, Subcommittee on Oversight and Investigations, Hearing on
AFRICOM and SOCAFRICA and the Terrorist Attacks in Benghazi, Libya, on September 11, 2012, 113th Cong.
(June 26, 2013).
65
House Committee on Armed Services and House Committee on Oversight and Government Reform,
Interview of General Carter Ham (Apr. 9, 2014).
66
Select Committee on Benghazi, Interview of General Carter Ham (June 8, 2016).
67
Id.
68
Select Committee on Benghazi, Interview of the Combatant Commanders In-Extremis Force (CIF)
based in Germany and on assignment in Croatia, and a special operations force Commander (Aug. 26, 2015).
69
Department of Defense, Benghazi, A Summary of Lessons Learned (Nov. 26, 2013).
70
Briefing from Department of Defense to Select Committee on Benghazi (Feb. 23, 2016).
71
Letter from Lieutenant General David Goldfein, Joint Staff, to Chairman Howard McKeon, House
Committee on Armed Services (Nov. 13, 2013).
72
Department of Defense and Department of State, Response to New Normal Security Environment
(Section 1) (attached as an unclassified excerpt to the report transmitted to House Committee on Armed Services by
letter dated Nov. 13, 2013).
73
Department of Defense, New Normal Information Paper (Mar. 3, 2016).
74
Senate Committee on Armed Services, Hearing to Receive Testimony on Department of Defenses
Response to the Attack on U.S. Facilities in Benghazi, Libya, and the Findings of its Internal Review Following the
FINDINGS
101
102
109
Select Committee on Benghazi, Interview of Vice Admiral Charles Leidig (Apr. 22, 2016).
Id.
111
Select Committee on Benghazi, Interview of Rear Admiral Richard Landolt (May 3, 2016).
112
Senate Committee on Armed Services, Hearing to Receive Testimony on Department of Defenses
Response to the Attack on U.S. Facilities in Benghazi, Libya, and the Findings of its Internal Review Following the
Attack (Feb. 7, 2013) (online at www.armedservices.senate.gov/imo/media/doc/DODresponsetoBenghaziattack_hearing_020713.pdf).
113
Special Report, Fox News (June 11, 2014) (online at www.foxnews.com/politics/2014/06/11/cia-heardbenghazi-attackers-using-state-dept-cell-phones-to-call-terrorist.html).
114
Select Committee on Benghazi, Interview of Major Eric Stahl (Mar. 16, 2016).
115
Select Committee on Benghazi, Interview of Vice Admiral Charles Leidig (Apr. 22, 2016).
116
Select Committee on Benghazi, Interview of Brigadier General Patrick Mordente (Apr. 28, 2016).
117
Id.
118
Id.
119
Department of Defense, Timeline of Department of Defense Actions on September 11-12, 2012.
120
Letter from Assistant Secretary Stephen Hedger, Legislative Affairs, Department of Defense, to
Chairman Trey Gowdy, Select Committee on Benghazi (Apr. 28, 2016) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2016_04_28_DOD_Letter_to_Gowdy.pdf)
.
121
Id.
122
Id.
123
Select Committee on Benghazi, After Curious DOD Delays, Benghazi Committee Interviews John from
Iowa (June 9, 2016) (http://benghazi.house.gov/news/press-releases/after-curious-dod-delays-benghazi-committeeinterviews-john-from-iowa).
124
Select Committee on Benghazi, Select Committee Subpoenas Assist Secretary of Defense Stephen
Hedger (June 10, 2016) (http://benghazi.house.gov/news/press-releases/select-committee-subpoenas-assistantsecretary-of-defense-stephen-hedger).
125
Gowdy Subpoenas Pentagon Official, Suggests He Hid Benghazi Witness, Politico (June 10, 2016)
(online at www.politico.com/story/2016/06/trey-gowdy-subpoenas-pentagon-official-224176).
126
Select Committee on Benghazi, Interview of Drone Sensor Operator (June 9, 2016).
127
Id.
128
Id.
129
Id.
130
Id.
131
Id.
132
Select Committee on Benghazi, Interview of Drone Pilot 1 (May 25, 2016).
133
Select Committee on Benghazi, Interview of Major General Michael Repass (Apr. 15, 2016).
134
Select Committee on Benghazi, Interview of General Carter Ham (June 8, 2016).
135
Select Committee on Benghazi, Interview with Admiral Kurt Tidd (Apr. 4, 2016).
136
Select Committee on Benghazi, Interview of General John Kelly (Mar. 23, 2016).
110
FINDINGS
103
C. THE DEPARTMENT
OF STATE
104
TABLE OF CONTENTS
C.
104
1.
106
107
115
116
116
118
120
121
121
125
127
128
2.
132
3.
135
4.
143
144
147
5.
149
6.
155
FINDINGS
105
Secretary Clinton was active and engaged in responding to the attacks in Benghazi.
The attacks in Benghazi were caused by terrorists rather than by U.S. foreign policy.
The review conducted by the Accountability Review Board (ARB) was independent,
thorough, and efficient.
These findings are consistent with the multiple previous investigations conducted since
September 2012 examining the State Departments actions related to the Benghazi attacks.
FINDINGS
106
five DS agents for Benghazi was initially projected, and later requested
multiple times, Special Mission Benghazi achieved a level of five DS agents
(not counting DoD-provided TDY [temporary duty assignment] Site Security
Team personnel sent by Embassy Tripoli) for only 23 days between January 1September 9, 2012.2
FINDINGS
107
FINDINGS
108
those five agents, and that Diplomatic Security management in Washington did not provide those
five agents.
The request for five DS agents to serve in Benghazi was reiterated in a March 28, 2012,
cable from Embassy Tripoli, which oversaw the Special Mission in Benghazi, to State
Department headquarters:
Post requests continued support for 5 TDY DS agents in Benghazi on 45-60
day rotations. This number is required to ensure that we have an appropriate
USDH [U.S. Direct Hire] presence to protect our COMSEC [communications
security]; support the two long-term USDH TDYers; and support an
increasing number of program/assistance TDYs from both Tripoli and
Washington. The number of TDYers in Benghazi is expected to increase in
the run-up to the June Elections.11
On April 19, 2012, Diplomatic Security headquarters responded, in a cable cleared by
Deputy Assistant Secretary Lamb:
DS/IP acknowledges posts requests. DS will continue to provide DS agent
support in Benghazi. DS/IP also recommends a joint re-assessment of the
number of DS agents requested for Benghazi to include input from RSO
Tripoli, TDY RSO Benghazi, and DS/IP in an effort to develop a way
forward.12
When the Principal Officer in Benghazi received the response cable, she wrote to the
posts head diplomatic security agentknown as the Regional Security Officer (RSO)in
Tripoli: Looks like no new movement on the full complement of 5 TDY DS personnel for
Benghazi, but rather a reassessment to bring numbers lower.13
The Diplomatic Security Desk Officer for Libya explained to the House Oversight and
Government Reform Committee in 2013 that as the primary point of contact for the RSO, he
received constant requests for more security staffing:
A:
Q:
A:
FINDINGS
109
The same DS Desk Officer explained to Congress in 2013 that Deputy Assistant
Secretary Lamb made the decision in February of 2012 that she would not staff the Benghazi
post with five DS agents:
The RSO in Tripoli, the primary RSO, he wasyou know, he wanted his five
agents which he thought was due to him from the memorandum that was
signed on December 27th. Several different issues impacted on the
particularly in that timeframe. We already spoke about the trouble we were
having getting TDY personnel. At that time I was still attempting to get five
agents for most of that period? [sic] In mid-February, in conversations with
DAS Lamb, it became quiteshe made it quite apparent that she wanted three
agents on the ground in Benghazi. From that time on, I was attempting to get
three agents into Benghazi at all times.15
He recounted a discussion with Deputy Assistant Secretary Lamb in February 2012 as
they were preparing for a meeting with the Deputy Chief of Mission in Tripoli:
While discussing RSO staffing in Libya, the topic came up in Benghazi, and
DAS Lamb became aware of the fact that two of the agents were essentially
excuse metheir primary duty was driving the movement team vehicle. And
traditionally overseas posts, the vast majority of them, their drivers are
provided by the post. Theyre locally engaged staff drivers. So she wanted to
alleviate that program or that duty, so to speak, in her mind. That was one of
the factors. There could have been more. That was the factors that she made
known to me and my superiors.16
Deputy Assistant Secretary Lamb confirmed these points to the Select Committee, as she
had explained previously in congressional testimony.17 She explained to the Select Committee
that she considered the authorization in the December 2011 memorandum for five diplomatic
security agents to be a cap on the total number that the facility could support, not a strict
requirement for how many DS agents must be at the Special Mission Compound at all times.18
Deputy Assistant Secretary Lamb explained that at the time she was faced with a lack of
qualified high-threat trained agents:
DSI dont know if they do now, but at this time, they did not have pools of
agents just sitting in a room waiting to go TDY. If we needed TDY assistance,
we had to reach out to offices and programs where they had normal 8-to-5
jobs, duties, and assignments and borrow someone. So weat that time,
high-threat training was optional. And as a result of this, it was taken up to
[Principal Deputy Assistant Secretary for Diplomatic Security] Scott
Bultrowicz and [Assistant Secretary of Diplomatic Security] Eric Boswell and
identified as a problem with our growing need for high-threat, trained
individuals, we didnt have enough that were high-threat trained. High-threat
training at that time, I believe, was almost a 3-month course. So thats a lot of
time to ask a field office to be without an agent whos working a criminal
caseload, because they get called to testify, theyre making arrests, and it
FINDINGS
110
would slow down their program. So it was becoming more and more difficult
to get these folks through training.19
The limited number of high-threat trained agents available to fill posts in Benghazi as
well as other high-threat posts like Iraq, Afghanistan, Pakistan, and Yemen was previously
reported by the ARB and was corroborated by other DS agents to the Select Committee. For
example, one agent who was in Benghazi from October through December of 2011 explained:
Remember that Benghazi was considered a high-threat post and everybody that
was sent to Benghazi had to have high-threat training. So Ithere wasthere
was a big problem with, you know, trying to locate suitable agents to replace
the agents that were already in Benghazi and that had to leave, you know,
because they had been there, you know, for what they were asked toto be.
So that created a problem and the desk officer was having problems finding
replacements throughout my TDY.20
Because the Special Mission Compound had significantly fewer non-security staff in
Benghazi than had been envisioned by the December 2011 memo (i.e., fewer than the projected
five non-security staff), Deputy Assistant Secretary Lamb stated that she did not think the post
required the full complement of five security staff, and she explained how she negotiated with
the RSO in Tripoli to decrease the number of agents from five to three:
Were staffing it with five peoplewe are struggling to staff it with five
people because of visa challenges and because were staffing Iraq and
Afghanistan and Sanaa with all these TDYers, and then the pool of high-threat
people. We had a lot of challenges internally.
So, from a management perspective, I sit back and I look at it. And I talk to
the RSO, how much is this post being used? How many people are living
there? And it turns out I have one IMO [Information Management Officer]
and all my security people, and then I have basically TDYers that come and go
on an irregular basis but never more than two at a time. So then my next
question is, well, what do five DS agents do all day long if theres no one else
at post besides them and the IMO?21
She also stated:
And then, you know, I found out that one of them [the DS agents] was acting
as a driver and one of them was guarding this piece of equipment 24/7. And
so, you know, in an effort to save our manpower without reducing security,
that DS agent that was watching that piece of equipment 24/7 was not
providing other functions, security functions, at post. So if I could secure that
piece of equipment adequately using [the DS Directorate of] countermeasures
approvaland they brought in a vault to put this thing in, and alarmsthen I
could stop staffing a position that was watching a piece of equipment.
By hiring a driver, whichwe needed permanent drivers there anyway,
because that is the safest thing to have in any foreign country, is a devoted,
FINDINGS
111
loyal driver. So Tripoli was already hiring drivers. I had an MSD [State
Department Mobile Security Deployment] team training drivers in Tripoli. So
my next question to [Tripoli RSO] Eric [Nordstrom] was, hey, do you think we
could hire a couple of local drivers and get them trained by MSD while theyre
in country and use them for drivers instead of DS?
Eric Nordstrom is who were talking about here on all of these things. And
when I raised those two issues with Ericnow, Eric is removed physically
from Benghazi. Hes not seeing it day to day. And he is flooded with projects
and things going on in Tripoli.
And when I mentioned these as alternatives to staffing, he looked at it, he
discussed it at post, and he came back in writing and said, yes, if you can get
us safes out here and alarms to secure the equipment and if we can get drivers
trained and on the job that we trust, we can do that.
And then it took time, and they were able to meet both of those requirements.
And those were functions being filled by DS agents that did not have to be
filled by DS agents.22
During a transcribed interview with the Select Committee, the Deputy Chief of Mission
assigned to Libya from July 2009 to June 2012 explained her struggle with Deputy Assistant
Secretary Lamb in 2012:
Q:
And how did you respond to him [the Tripoli RSO] when you received
this [email describing his staffing frustrations]?
A:
I dont recall what exactly I said, but certainly I had been engaged with
senior level leaders in the Diplomatic Security Bureau for months trying
to make sure that we had adequate resources. And as I indicated in my
note to Chris Stevens and [incoming Deputy Chief of Mission] Greg
Hicks, I did have the sense very strongly that people in Washington
thought we could somehow just quickly transition from this very messy,
unstable security environment where we had no staff to a system where
all of a sudden miraculously we would have fully trained, armed, and
professional same quality as MSD agents, focally engaged bodyguards.
It takes time and effort to develop that, and I felt like it was a constant
battle to get Diplomatic Security to understand there wasnt a magic
switch that we could flip, and we needed time, and we needed continued
support from Washington in order to get to the position where I agreed
we needed to be, but it wasnt something that would happen quickly.
Q:
And when you say Washington, are you referring specifically to the
Bureau of Diplomatic Security?
A:
Yes.
Q:
FINDINGS
112
A:
I felt that Charlene Lamb was the decisionmaker, who many times I
found her to be a roadblock and very unhelpful.
Q:
Okay. And when you say she was a decisionmaker, what do you mean
by that?
A:
Deputy Assistant Secretary Lamb explained that she viewed these as successful
negotiations that ensured that resources were properly allocated and that the posts had what they
really needed. She also described her own actions: We were very proactive and very forward
leaning in providing support for any of the needs that they needed there at post.24
While Deputy Assistant Secretary Lambs subordinates and others at post described
various instances of her not fulfilling requests for additional DS agents, Deputy Assistant
Secretary Lamb said that she did not believe she had denied any requests for additional security:
Q:
And so, just in a generalized sense, just to understand the dynamic, with
regard to requests would come up to you, there would be back-and-forth,
certainly you dont recall having a feeling that you had been presented
with a request that you had concretely denied
A:
No.
Q:
A:
No. No.
Q:
where people brought to your attention that you had been denying
requests and that you needed to change your mind or someone else above
you needed to change your mind?
A:
No.
Q:
And so you were never in a position where you felt like you needed to,
because someone had brought to your attention that you had made a
specific denial that needed to be reversed, that you needed to then go to
any of your superiors, up to and including the Under Secretary?
A:
No.25
In July 2012, Deputy Assistant Secretary Lambs superior, Under Secretary for
Management Patrick Kennedy, made the decision not to request the continued extension of the
Department of Defenses Site Security Team (SST) in Tripoli. The SST had been in Libya
carrying out a variety of duties, including clearing unexploded ordnance and establishing secure
communications, since the re-opening of Embassy Tripoli in September 2011. The SST
personnel were based in and spent their time in Tripoli, but traveled to Benghazi on occasion to
FINDINGS
113
augment security. Deputy Assistant Secretary Lamb explained that she viewed the SST as an
emergency asset that was no longer necessary in Tripoli:
Q:
Why not keep the SST and MSD in Tripoli? If this is happening in
Benghazi, Libya, and there are certain incidents, Im sure you are aware,
that happened in Tripoli as well, why not keep them in Tripoli?
A:
Because they were no longer doing the functions that they were sent
there to do. And we needed tothe functions that they were doing were
functions that were normally done with permanent staff positions, either
local hiresmostly by local hires.26
During his transcribed interview with the Select Committee, Under Secretary Kennedy
explained that he relied on Deputy Assistant Secretary Lambs recommendation as the
diplomatic security expert and had not been made aware of any disagreement with her views:
Q:
A:
Q:
A:
Yes, sir.
Q:
A:
Q:
Of course, and just focusing on the one channel through the DS chain of
command, would you have expected DS supervisors, if there was a
dispute between post and DS headquarters, to have also relayed or
communicated that dispute to you? Was that at their discretion?
A:
Q:
And with specific respect to the decision not to extend the SST for the
third time, did that occur?
A:
FINDINGS
114
Ambassador Thomas Pickering, the Chairman of the ARB, testified to Congress in 2013
that Deputy Assistant Secretary Lamb was not making her decisions based on a policy or
direction from above, but instead related to her feel for the situation.28
Admiral Michael Mullen, the co-Chairman of the ARB, explained to Congress in 2013:
So, I mean, it [the December 2011 memo] gave, from one perspective it gave
pretty clear direction, were committed out here, and you need to make sure
were okay. That then all goes back, from my perspective, on to Mr. Boswell
[Assistant Secretary for Diplomatic Security] and Ms. Lambs lap in terms of
making sure security is all right, and yet it was, in fact, over the next many
months that she fought it, didnt resource it, bureaucratically didnt answer,
made it incredibly difficult on those who were trying to improve the security to
achieve any kind of outcome they deemed favorable, and she just beat them
down over time.29
As a result, the ARB report concluded:
As it became clear that DS would not provide a steady complement of five
TDY DS agents to Benghazi, expectations on the ground were lowered by the
daunting task of gaining approvals and the reality of an ever-shifting DS
personnel platform. From discussions with former Benghazi-based staff,
Board members concluded that the persistence of DS leadership in Washington
in refusing to provide a steady platform of four to five DS agents created a
resignation on the part of post about asking for more. The TDY DS agents
resorted to doing the best they could with the limited resources provided.30
115
A:
Yes. I believe I pinged theor asked the desk officer several times.
Q:
A:
Nothing, really. The big thing that they were mentioning is that the
Special Mission was going to go away after a while so they werent
going to spend the money on security upgrades.35
Agent A explained that he was part of the team that reviewed the various available
properties in Benghazi and determined that the Villa B and C compound that was ultimately
approved in the December 2011 memo afforded the best security and recommended that the
Department choose that compound.36
116
vigorously, you know, what the problem was. I told him that, you knowto
use frank language, I told him that this was a suicide mission; that there was a
very good chance that everybody here was going to die; that there was
absolutely no ability here to prevent an attack whatsoever; that we were in a
completely vulnerable position, and we needed help fast, we needed it quickly,
or we were going to have dire consequences.37
He described the response from the DS Desk Officer in the following exchange:
A:
Q:
Right.
A:
Q:
A:
when the ARB comes calling. So he told me, he said, youre not going
to get answers to these questions by email. Theyre going to be by
phone.
Q:
A:
Yes.
Q:
Did he give any indication of who he was referring to, in terms of who
knew that Benghazi was bad and knew that people were going to die and
didnt want to deal with sensitive information via email? Did he
A:
FINDINGS
117
Q:
Okay.
A:
and so the DS/IP chain. In terms of how bad the situation was in
Benghazi, he said everybody back in D.C. dealing with this. He was in
meetings every day on this, and everybody knows. This is common
knowledge. Youre not telling us anything new. He said, you know, DS
agents before you told me the same thing. Everyone knows. This is not
news to us.38
He also explained:
And when Im pressing on, you know, our physical security lack and the lack
of agents, thats when he [the DS Desk Officer] would have told me, hey,
Charlene Lamb said youre never going to have more than three agents. Stop
asking. Youre just never going to get it. This has been told to me in no
uncertain terms.39
The Select Committee did not interview the DS Desk Officer referred to by Agent B, but
that official was interviewed by another congressional committee in August 2013. Although he
never described that specific conversation in his interview, the DS Desk Officer confirmed that
Deputy Assistant Secretary Lamb was responsible for the decision to provide only three DS
agents.40
Both Agent A and Agent B left Benghazi in 2011 before their security requests were
fulfilled. Following the approval of the December 2011 memo extending the Departments
presence in Benghazi, the Department funded and implemented a number of these physical
security requests.
For example, a January 29, 2012, Weekly update of topics in Benghazi stated that
100% of jersey barriers have been delivered and installed and that multiple security upgrades
have been approved and funded from the action memo that was submitted.41 Those approved
security upgrades included two vehicle drop arms, 500 sandbags to reinforce and provide
defensive positions, 25 additional lights around the compound, and improving the door to the
safe haven.
118
on the ground, were going to handle these tactical decisions, but folks that are
above us, you know, generally make decisions for us. They really have an
informed opinion, and it carries a lot of water.
So I had faith and confidence in mymy leadership and the folks that I was
dealing with here to help us find solutions and fund those solutions, because
they knew that it was a tight spot we were in, you know. We wanted
everybody wanted to make the place better.42
The RSO explained that he was able to obtain the sandbags and drop arms, among
various other security upgrades. He described how he faced challenges with obtaining funding
to make permanent improvements to the exterior wall of the compound and how he worked with
the physical security experts in Washington D.C. to develop an alternative plan:
And there were obstacles to improving the wall. The answer wasthe short
answer was OBO, Overseas Building Office, because it was a short-term lease,
we couldnt improve the wall. We had to ask the landlord to improve the wall.
And up until that point, my amount of confidence in getting the landlord to do
anything was absent. There just wasnt any. We had other projects, the
generator, you know, that the landlord just didnt pay attention to.
So we, myself and DS, the physical security experts back in Washington, came
up with a plan to build a temporary chain-link fence that would bring ayou
know, specifications were something that we all agreed upon, and it gave us
some type of a level of comfort for an antipersonnel measure, so that if people
were able to get over the wall, they would also have to defeat a chain-link
fence with razor wire around it.43
When Agent C arrived in Benghazi, he explained that there were five DS agents there for
a short period of time, and some military Special Forces came from Tripoli to augment the
security in the run-up to the one-year anniversary of the February 17 Libyan revolution.
Following the anniversary, the number of DS agents in Benghazi during his tenure never reached
five and fell to two agents:
Q:
A:
Q:
But aside from the turnover at the beginning, that was neverI dont
want to say granted, but that never happened again, right?
A:
Q:
Right.
A:
No.44
FINDINGS
119
Agent C also expressed confidence in his ability to get help from the February 17 Militia:
Q:
Did you have confidence while you were there that they would respond
as required when something would happen, that if you were to call them,
they would be there?
A:
They proved that they would show up when I needed them to, so I didnt
have any reason to doubt that they would be helpful.45
FINDINGS
120
Q:
You had mentioned some of the budget issues. Had you ever
communicated or had [the DS Desk Officer] ever communicated to you
about the funding issues? How did budget come up?
A:
The first time that budget came up was when I was supposed to go to
Benghazi. I was supposed to go there on a 60-day TDY. I was told that
I was being held back 2 weeks because they did not want an overlap of
too many agents out there due to budget cuts or to budget issues. I was
also told that the money for upgrades at the compound was not always
available or was not readily available due to budget issues.
Q:
Okay. And just to make sure I understand, were you also saying that the
reason that you never got five agents in Benghazi was because of budget
issues?
A:
Q:
A:
Correct.
Q:
A:
Q:
And did he indicate to you in any way thatat what level that decision
had been made within the State Department?
A:
No. Hehe did not mention anybody else. Hethe highest level that
made the decision at IP was Charlene Lamb. So, yeah, he mentioned
that to me.51
FINDINGS
121
ask them to do. The Quick Reaction Force, they were awake, clothed,
weapons on them. And the February 17th militia responded in a prompt
manner.53
He described the IED attack:
Around 3:00 in the morning, give or take 20, 30 minutes, the imminent danger
and notification system alarm went off, affectionately called the duck-andcover alarm. That woke all of us up. I got up. I put on my armor, grabbed my
weapon, got dressed of course, and then went outside to find out what was
going on. I go outside, and I see a bunch of ourI see our local Guard Force
members around the front of the gate making, gesturing with their hands, you
know, towards their nose. I did not speak Arabic. At the time they did not
speak English, so, thats how we communicated. I believe at the time during
that shift there was one person that didnt speak English. So, you know, I
started smelling; then I had this distinct smell, not like something burning, but
some kind of chemical burn, whatever. Come to find out, you know, 5 minutes
later that its a fuse. But at that point so I asked everyone to start backing
away from the wall. Then as I back away, thats when the bomb detonates.
From there it knocked me down. Ears were ringing. I get up with the local
guards. We run back. There are some sandbags right there at the corner. Get
behind those sandbags, point my M-4 at the hole in the wall and wait for any
follow-up attack that may occur. And that was the
And no follow-up attack did occur, so after that the February 17th Martyrs
Brigade showed up in a matter of minutes. Then from there we set up a
perimeter outside on the street. As we had this large hole in our wall, we
wanted to push our security perimeter back even further. We set up the large
holeI mean set up the perimeter, sorry; and then from there, once that
perimeter was set up, I went with one of our QRF [quick reaction force]
guysI believe his name was [Redacted]. And we went there and secured the
rest of the compound.54
Agent F explained that he and his fellow DS agents were able to repair the wall the same
day. Agent F stated that there were some suspicions or some thoughts on who might have
been involved in the attack, and that he was becoming increasingly more concerned about the
rise of extremists in Benghazi.55
Following the incident, the agent explained that although he had conversations with the
acting RSO in Benghazi about the security environment, he did not recall any specific
recommendations to change the security posture in Benghazi at that time. Although there were
no other direct attacks on the Special Mission Compound during Agent Fs tenure, there were
other attacks on westerners and western interests, including an RPG attack on the British
Ambassadors motorcade on June 11, 2012, and an IED attack on the International Committee of
the Red Cross on June 12, 2012.
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Regarding the response to the June 6 IED attack, the DS Desk Officer explained the
immediate reaction in Washington:
It was rapid, actually. The detonation blew a hole in the wall, a pretty
significant hole. It wascould have been a couple of gelatina bombs, we
never really found out, but it seemed to be that type of effect. It didnt appear
to be any shrapnel. And the funds were quickly rallied back here in
Washington, and they got a contractor and rebuilt a wall. The RSO on the
ground, he was ablethe response again that night was good from the QRF.
No one was injured. Everyone was accounted for. QRF responded, QRF
being February 17th Martyrs Brigade. They actually established four
checkpoints, one on each corner around the mission. That lasted for probably
2 weeks or so, 10 to 14 days. Im not quite sure of the exact date. The RSO in
Benghazi also requested and received additional local guard support, which
was the Blue Mountain Group. So they had additional guards on at night.56
Following the attacks in late May and June, the RSO in Benghazi sent the DS Desk
Officer and DS Regional Director a request for five DS agents through the upcoming Libyan
elections and four DS agents thereafter:
Due to the uncertainty of the security environment preceding the upcoming
elections, RSO Benghazi recommends a minimum of 5 agents be deployed at
Post, with an MSD team on standby. US Mission Benghazi convened an
informal EAC [Emergency Action Committee] meeting [and] agreed that
the RSO office should be staffed by a minimum of 4 agents to properly support
the mission given the heightened threat level. Four agents can adequately
support the mission and should be the core/minimum in order to maintain
effective security in an unpredictable environment.57
The RSO in Tripoli concurred with the request and stated:
[W]e [RSO Tripoli and Deputy Chief of Mission] are both concerned about the
ongoing incidents, particularly in the east. I fear that we have passed a
threshold where we will see more targeting attacks, and incidents involving
western targets.58
The DS Desk Officer drafted a formal request for Deputy Assistant Secretary Lamb
based on the RSOs recommendation. The DS Desk Officer explained that Deputy Assistant
Secretary Lamb denied the June 15 request for additional staffing:
A:
The number he requested at the time was I think he said five agents, and
he specified a timeframe through the election period, which was going to
be probably in a month, so on or aboutI think it was earlier
scheduledit was early July, so roughly about a month, and then he
recommended having four agents remain at the compound.
Q:
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A:
Yes. Not only did I support it, I sent it to the RSO for clearance as well,
which he supported fully, and I drafted an action memorandum stating
the RSOs request.
Q:
A:
There is no record of a signed approval or denial of the June 15 memo. While the DS
Desk Officer said that Deputy Assistant Secretary Lamb denied the request, Deputy Assistant
Secretary Lamb told the Select Committee that she believed that she had approved the request:
Q:
A:
Q:
A:
Uh-huh.
Q:
A:
Q:
A:
Yes.
Q:
Okay.
So its our understandingand, again, this is based on previous
testimony that the committees received from [the DS Desk Officer],
some othersthat this memo itself was never approved. So how would
you respond to that allegation?
A:
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I dont know. They would have to go back through the staffing records
and look at the support that was provided during the elections. But we
have neverI have never denied support leading up to elections and
especially in the event of additional incidents at post. So this would not
have been denied. There would be no reason to deny this.
124
Q:
Okay. Is there another status that the document could have taken? For
instance, it could be approved, it could be denied. Is there any in
between those two?
A:
No. I mean, they either got what they asked for and there were people
on the ground and it came out of the budget or nobody showed up.
Q:
A:
Correct.
Q:
Okay. And if the desk officer or somebody who drafted the document
were to tell us that this specific request was never granted, do you have
any reason not to believe their statements?
A:
Q:
A:
So, at a point when the numbers were supposed to drop in June after the
attack, additional TDYs were diverted to
A:
Q:
Benghazi.
A:
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125
In July 2012, Agent G became the acting RSO in Benghazi. During the time he was
there, he described that there were four or five DS agents in Benghazi. He explained that he was
frustrated by the difficulties in getting a sustained level of DS agents in Benghazi:
A:
Theres a lot of details going on. Theres a lot of work that has to be
done. Theres a lot of embassies that have work to be done. Were
fighting a fight getting bodies, and we have to hire the best and brightest.
Right? So I understand that. I didnt feel that we were being denied. I
just feel that we just didnt have the personnel for it.
Q:
Do you know whylet me ask you this. Was Benghazi a priority for the
desk to fill?
A:
Q:
Do you know why there may have been problems in getting staff to go to
Benghazi?
A:
Agent G worked with the RSO in Tripoli to draft the July 9, 2012, Embassy Tripoli cable
requesting a minimum of 13 TDY U.S. security personnel for Tripoli, which could be made up
of DS agents, DOD Site Security Team (SST) personnel, or some combination of the two. The
cable stated:
Post anticipates supporting operations in Benghazi with at least one
permanently assigned RSO employee from Tripoli, however, would request
continued TDY support to fill a minimum of 3 security positions in
Benghazi.63
Diplomatic Security never sent a written response to this cable. The language of the
cable appeared to cause confusion among some of the recipients about whether it was a request
for agents in Benghazi at all, and, if so, whether it requested three or four agents in Benghazi.
Although Deputy Assistant Secretary Lamb told a previous congressional committee that the
response to the cable got lost in the shuffle, she told the Select Committee that she thought the
Department had accommodated the requests appropriately.64
The Select Committee has reviewed a version of a draft reply to the July 9 cable that was
prepared by the DS Desk Officer on July 12, 2012. Even in the draft reply, the Department
appeared to only approve up to 7 TDY U.S. security agents for Tripoli, and none for Benghazi,
far short of 13 U.S. TDY Tripoli personnel that had been requested by Embassy Tripoli.65
In his testimony before the House Committee on Oversight and Government Reform,
Eric Nordstrom, the RSO in Tripoli, stated that the resources requested in the July 9 cable were
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126
never provided: I think the question is, were those resources ever provided? And I think the
answer is no.66
A:
It did not appearit was not like the other compounds that I had seen. It
appeared to be more of a low-profile building, lower footprint than your
typical embassy or consulate. It didnt have the signs up saying U.S.
Embassy or Consulate. It didnt have some of the physical security
features you would typically see at an embassy or consulate, such as
Delta barriers or chicane. There wasnt the host-nation police presence,
the military presence that you would find at your typical embassy or
consulate. So my impression was, it was a loweror a lower profile
mission, and it would be difficult to defend it in the event of a
coordinated attack based on our resources there.67
Agent H also noted that the temporary nature of the mission made it difficult to obtain
needed security upgrades:
Q:
Did anyone ever suggest that you should temper your expectations as to
requests made of D.C.?
A:
Agent H stated that he thought three DS agents were sufficient to protect two individuals
on the compound:
Q:
And did you feel like you had the minimum number of agents you
needed for the protection of those two persons, the other agents that were
there, given the size of the compound?
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127
Agent H also described his impression of the February 17 militia, which served as the
quick reaction force. He stated that he believed that they would not do anything to harm us and
they would do their best to protect us. However, he also noted that [i]n my opinion, Feb 17
wasnt a particularly professional fighting unit like you would think of an American military
unit. They struggled with even basic tasks.70
A:
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128
Q:
Okay. Thats helpful. The Ambassador wrote to you, and Id just like to
read a portion of this to follow the chain, he wrote, quote, and this is
August 12, quote, Thanks for flagging this issue, [Redacted]. Its one
we debated last year, as well, when we initially started using them,
although back then it was admittedly more defensible to use a militia
because there was literally nothing else. Is there any plausible security
entity we can rely on to replace Feb 17, or do you think theyll be a force
on the ground for the near (ie, through the end of the year) future? If you
think theyre it for the time being, it seems to me that it would make
sense to continue to use them, even though it doesnt square perfectly
with our rule of law agenda, close quote.
You replied here, quote, I think that 2/17 will remain the most
significant force on the ground for the coming months, though I think
others (the SSC, the army, individual contractors) could do the job,
close quote.
And just to conclude the loop, the Ambassador responds to you, quote,
OK, sounds like a good plan, close quote.
So again in the context of what we were just discussing that you wanted
to put this on the Ambassadors radar, did you feel that you had reached
a place where you put relevant information on the table so that the
Ambassador could make a decision on the way forward with February
17?
A:
I felt that I had raised the issue and put the relevant information forward.
I felt that Ambassador Stevens questions about local practices were
valid and an important part of that discussion. I thought this was the
beginning of that decisionmaking process. I didnt feel that this was the
end of the decisionmaking process.
Q:
Okay. And I note here that you do mention that, quote, Why dont I see
what the other Consulates do and see if there is an approximation of a
local standard, close quote. Do you recall following up on that?
A:
I recall talking with others in the diplomatic community, and I recall that
there was, in fact, no standard at that time, that there were exceptions,
but there was not a rule as to what others in the diplomatic community
did.
Q:
Okay. Outside of this discussion here, did you raise any concerns about
the 17th February Martyrs Brigade with the Ambassador? Did you ever
specifically advocate to him that that relationship should be terminated?
A:
I did not advocate to him that the relationship with 2/17 with respect to
the QRF be terminated. I felt that we were considering the issue. I
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129
So, knowing that, what was your expectation when you sent this list of
requests in as to whether they could or would be met?
A:
Q:
Okay. Do you recall whether he did, in fact, or did you ever learn that he
did, in fact, submit this request back to anyone in Washington or at main
State?
A:
On August 27, 2012, Agent H sent a copy of this list to Agent I, who took over as the
Acting RSO in Benghazi in early September.80 In his email, Agent H referred to this document
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130
as containing some security projects we are working on/would like to work on.81 Agent H
attached a turnover memo, which stated:
US Mission Benghazi has an uncertain future; Post is scheduled to close
December 31, 2012. The RSO should be aware that requests for expensive
security upgrades may be difficult to obtain as headquarters is hesitant to
allocate money to a post that may be closing in a few months.82
On August 29, 2012, Agent I forwarded the list of additional security requests to the RSO
in Tripoli, who had already received the list from Agent H on August 23, and asked, Should the
Security Requests section be passed to the relevant offices/personnel here and in DC?83
In an interview before another congressional committee, the RSO in Tripoli explained
that he had planned to incorporate the requests into a memo proposing extending the Special
Mission beyond December 2012, but he did not:
Q:
Did youwhen you received this [list] from the RSO in Benghazi, did
you send it to anybody, or would you share it with anybody?
A:
Q:
A:
Past December.
Q:
past December?
A:
Yes.
Q:
And you said that these were not incorporated in that memo?
A:
In response to a question for the record from a January 2013 hearing, the State
Department confirmed that the list was never submitted to Washington:
The August 16th cable stated that security requests for Benghazi would be
forthcoming. The RSO in Benghazi submitted to Tripoli a preliminary list of
proposed security recommendations on August 23rd, but no requests were
submitted to Washington before the attacks.85
Another diplomatic security agent, Agent J, served in Benghazi in June and July of 2012
and told the House Committee on Oversight and Government Reform in 2013 that while he
understood that the compound could not withstand a coordinated attack, he and his fellow DS
agents felt comfortable driving around Benghazi. He stated:
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131
We had vests. We did not actually have them on because most of the
movements we felt comfortable driving around Benghazi; especially daytime
movements, we felt comfortable, because we would go out without the
principal officer, for example, just to set the environment, we would go out and
get pizza from [sic] the QRF, just as a thank you for the work they were doing.
We would go to a video store and get some videos and bring it back.
Everything was back to the compound, but we felt comfortable with going out.
We had vests. We had medical gear in every vehicle that left the property, and
it was fully armored. We always had our side arm on us at all times, and we
had our M4 right next to us, but we kept it covered.86
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The Washington Post Fact Checker gave this claim two Pinocchios, because it left the
misleading impression that there were 600 requests for additional security that were all
ignored.98
Democrats have been unable to successfully reconstruct a list of 600 requests for
additional security, and have been able to identify fewer than 200 requests, many of which were
granted.
Rep. Pompeo has refused to provide the underlying data to defend this claim. Republican
staff point out that in the charts fine print states that the 600 number includes both requests and
concernsincluding requests that were never sent to Washington D.C.as well as requests for
security that were approved and implemented.99
Nevertheless, since the hearing, Republicans have used the talking point of 600
requests ignored by Secretary Clinton to lodge unsubstantiated political attacks against her,
including as part of the presidential campaign. For example, presumptive Republican
presidential nominee Donald Trump stated on Fox News: Look at Benghazi, our ambassador.
He wired her 500 or 600 times asking for help.100
The Washington Post Fact Checker addressed Trumps claim, calling it a whopper
because no requests for additional security went to Secretary Clinton.101
During the Select Committees investigation, Chairman Gowdy suggested that he had no
interest in Secretary Clintons emails other than obtaining records relating to Benghazi. On
March 31, 2015, Chairman Gowdy stated:
[O]ur Committee has no interest in any emails related to the Secretarys
personal, private matters nor is our Committee seeking documents unrelated to
Libya and Benghazi during the relevant time periods.102
Similarly, in his interim report in 2015, Chairman Gowdy stated:
Ultimately, this Committees interest is in ensuring all relevant and material
information related to Libya and Benghazi that was in the personal custody of
the former Secretary of State has been returned to the public domain.103
Secretary Clinton acknowledged that she made a mistake in using a personal email
account for official business. However, because she preserved and produced approximately
30,490 work-related emails to the State Department totaling nearly 55,000 pages, the Select
Committee and the public have had the benefit of reviewing them.104
The press regularly reported on the highlights of those emails, the majority of which had
nothing to do with the attacks in Benghazi.105 Most of these emails were released to the public
pursuant to Freedom of Information Act requests, and they are now publicly accessible on the
State Departments website. Secretary Clinton was over-inclusive in her production, and the
National Archives and Records Administration (NARA) determined that 1,258 of the emails she
produced to the State Department were not work-related.106
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134
On May 25, 2016, Chairman Gowdy stated: While the emails have never been the focus
of our investigation, it was necessary to obtain them.107
Secretary Clintons emails did not alter the conclusions about the Benghazi attacks from
previous investigations. They did not provide evidence that Secretary Clinton was directly
involved in day-to-day security decisions in Benghazi, and they did not suggest that she ordered
the military to stand down on the night of the attacks. She explained during her testimony
before the Select Committee on October 22, 2015:
I did not conduct most of the business that I did on behalf of our country on
email. I conducted it in meetings. I read massive amounts of memos, a great
deal of classified information. I made a lot of secure phone calls. I was in and
out of the White House all the time. There were a lot of things that happened
that I was aware of and that I was reacting to. If you were to be in my office in
the State Department, I didnt have a computer. I did not do the vast majority
of my work on email.108
According to the State Department Inspector General, no previous Secretary of State used
an official unclassified email account.109 Like Secretary Clinton, former Secretary of State Colin
Powell also used a personal email account for official business during his tenure, but unlike
Secretary Clinton, Secretary Powell did not preserve his emails or produce them to the
Department.110
Rep. Darrell Issa, former Chairman of the House Committee on Oversight and
Government Reform alleged that Secretary Clinton may have stayed awake all
night, but she was frozen in place.111
Carly Fiorina stated that Secretary Clinton has blood on her hands.112
Mike Huckabee accused her of ignoring the warning calls from dying Americans
in Benghazi.113
Senator Rand Paul stated: Benghazi was a 3:00 a.m. phone call that she never
picked up.114
Senator Lindsay Graham tweeted: Where the hell were you on the night of the
Benghazi attack?115
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135
Former presidential candidate Ben Carson stated: Somebody who doesnt have
the judgment to send help to, you know, the consulate in Benghazi when theyre
begging for help. And then who doesnt have the judgment after the problem
starts to get help therejust says, eh, were not going to do anything about it.
Nine hours later, those Navy SEALs are on top of that compound firing away, just
saying if we can just hold on, help will be arriving. But help was not going to
arrive no matter how long they stayed thereis that good judgment?117
These attacks ignore the Secretarys actions that night, as well as the firsthand accounts
of Secretary Clinton, her senior staff, and others throughout the State Department and other
agencies who explained to the Select Committee that their top priority was to work together to
protect American personnel overseas.
Secretary Clinton first learned about the attacks in Benghazi shortly after 4 p.m. EST on
September 11, 2012. In the hours that followed, she spoke with President Obama, National
Security Advisor Tom Donilon, Central Intelligence Agency Director David Petraeus, Chairman
of the Joint Chiefs of Staff General Martin Dempsey, the State Departments Charge dAffaires
in Tripoli Gregory Hicks, Acting Assistant Secretary for Near Eastern Affairs Beth Jones, Under
Secretary for Political Affairs Wendy Sherman, Under Secretary for Management Patrick
Kennedy, Deputy Secretary for Management and Resources Thomas Nides, Executive Secretary
Stephen Mull, State Department Spokesperson Victoria Nuland, Chief of Staff Cheryl Mills,
Deputy Chief of Staff Jacob Sullivan, and Libyan General National Congress President
Mohammed Magariaf. She also personally participated in a Secure Video TeleConference
(SVTC) with senior officials from the Intelligence Community, the White House, and the
Department of Defense.
During her hearing with the Select Committee on October 22, 2015, Secretary Clinton
described how she first learned about the attacks and the subsequent actions she took:
I learned about attacks from a State Department official rushing into my office
shortly after or around 4 oclock to tell me that our compound in Benghazi had
been attacked. We immediately summoned all of the top officials in the State
Department for them to begin reaching out. The most important quick call was
to try to reach Chris himself. That was not possible. Then to have the
Diplomatic Security people try to reach their agents. That was not possible.
They were, obviously, defending themselves along with the Ambassador and
Sean Smith. We reached the second in command in Tripoli. He had heard
shortly before we reached him from Chris Stevens telling him that they were
under attack. We began to reach out to everyone we could possibly think who
could help with this terrible incident. During the course of the, you know,
following hours, obviously, I spoke to the White House. I spoke to CIA
Director Petraeus. I spoke to the Libyan officials, because I hoped that there
was some way that they could gather up and deploy those who had been part of
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136
the insurgency to defend our compound. I had conference calls with our team
in Tripoli. I was on a, whats called a SVTC, a, you know, video conference
with officials who had operational responsibilities in the Defense Department,
in the CIA, at the National Security Council. It was just a swirl and whirl of
constant effort to try to figure out what we could do, and it was deeply it was
deeply distressing when we heard that the efforts by our CIA colleagues were
not successful, that they had had to evacuate the security officers, our
Diplomatic Security officers, that they had recovered Sean Smiths body. And
they could not find the Ambassador. We didnt know whether he had escaped
and was still alive or not.118
During the hearing, Secretary Clinton also directly addressed the allegation that she
ordered Secretary of Defense Panetta to stand down:
Q:
A:
Documents obtained by the Select Committee from the State Departments Operations
Center confirm Secretary Clintons testimony about her actions on the night of the attacks. For
example, the documents show:
At 6:41 p.m., the Operations Center reported that Secretary Clinton requested a
telephone call with Libyan President Magariaf.120
At 6:49 p.m., the Operations Center reported that the Secretary spoke with President
Magariaf.121
At 6:57 p.m., the Operations Center reported that the Secretary requested to speak
with Deputy Chief of Mission Gregory Hicks at the U.S. Embassy in Tripoli.122
At 7:03 p.m., the Operations Center reported that the Secretary requested a
conference call with Gregory Hicks, Patrick Kennedy, Cheryl Mills, Stephen Mull,
Wendy Sherman, Tom Nides, and Jacob Sullivan.123
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137
At 7:03 p.m., the Operations Center reported that the Secretary began the conference
call with the various parties.124
At 7:14 p.m., the Operations Center updated the conference call to add Acting
Assistant Secretary Beth Jones.125
At 7:45 p.m., an email from Secretary Clintons office confirmed that the Secretary
participated in a SVTC with the White House and agency officials regarding the
situation at the consulate in Benghazi.126
At 8:31 p.m., a subsequent email from the Secretarys office reported that the
Secretary had just completed the 40-45 minute SVTC.127
Secretary Clintons top advisors who were with her that night, including her Deputy
Chief of Staff for Policy, Jacob Sullivan, and her Chief of Staff, Cheryl Mills, provided the
Select Committee with additional details that corroborate Secretary Clintons testimony about
her actions on the night of the attacks. For example, Mr. Sullivan had the following exchange
regarding the Secretarys first steps when she learned about the attacks:
Q:
Do you recall when and how Secretary Clinton first learned that the
Special Mission Compound in Benghazi was under attack?
A:
Q:
A:
I was called into the office as well when she was told about it. And he
told her that our mission in Benghazi was under assault.
Q:
A:
First, she asked a series of questions about the situation. Then she told
Steve Mull, lets spare no effort. We have to do everything we possibly
can to protect that facility and get our people out safely; and then she got
on the phone with the national security adviser to make sure she was
coordinating across the interagency as well.
Q:
Did she take any other steps that evening that you can recall?
A:
She took a number of steps that evening. I mentioned the call to the
National Security Advisor. She was in touch with him several times.
She also touched base with David Petraeus because Steve Mull told her
about the CIA involvement in this as well. So she called Petraeus. She
called, as we discussed earlier, the president of the GNC [General
National Congress], Magariaf, to push him as hard as she could to
provide help and security so our people could get out safely. She was in
touch with Diplomatic Security, with NEA, with her senior leadership
team, to figure out what steps we could take, and then she personally
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Did you ever get a sense or impression that she was not fully engaged
with regard to crisis response.
A:
No. Quite the opposite. She was so engaged that she took the really
unusual step of a cabinet Secretary walking into a working level
operational SVTCS because she wasnt going to stand on ceremony. She
wanted to be there to make sure that we were doing everything we could,
that we were providing DOD and the intelligence community with
everything we could provide them in terms of information, and that we
were getting all the help we needed.
Q:
A:
Q:
A:
No. SheI mean, its a colloquial term, but she just kind of kicked it
into high gear, and she got very focused and began the process of trying
to execute a strategy to get our people out of Benghazi safely.128
Mr. Sullivan described the personal impact that the attacks had on Secretary Clinton:
Q:
You know, one thing that is often overlooked is the fact that the
Secretary, like others in the Department, lost members of her team. You
talked a little earlier about how close folks are there in the State
Department and these individuals who were a part of her State
Department family. Can you share with us on a more personal level
what it meant to her, to your knowledge?
A:
Well, first she knew Chris. They werent personally close, but she knew
him. She had asked him to go to [Libya] in the first place. She respected
him enormously. She felt a personal responsibility in connection with
him based on everything that had unfolded with Libya. And then more
broadly, I mean, the Secretary has always had an extremely heightened
sense of responsibility for every single person who works for her. And
the idea that she asks them to go out and serve in risky places, it weighs
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on her. And she believes it is her job to do everything in her power to try
to keep them safe.
So, you know, when she got the news that Sean Smith had died, that was,
I remember standing there in her office, and it was just like, it was really
hard to take. But she had to push through that because there was more
work to be done. And when she heard that Stevens was missing, you
know, it was like its kind of hard to describe. You hear an
ambassador is missing in a murky circumstance involving an attack and
fire and everything else. You know, I think she thought, you know, I am
not going to rest until we get Chris Stevens back, and Im going to do
everything in my power to make that happen.
She was also aware at the time, based on what had happened in Cairo,
that this might not be the end of it. Benghazi might not be the last place
where American personnel would be put in danger. Over the next few
days, we had our posts assaulted by protestors in a number of cities, and
every day shed show up early and go home late, helping manage the
response, calling foreign officials where she needed to get more help,
calling interagency colleagues when she needed to get marines or other
security personnel in place.
You know, I remember being with her that Friday when we were going
through the Tunisia situationand the Tunisia attack on that Embassy;
they were breaking through doors; they were trying to get their way
insideand she got on the phone with the Tunisian Prime Minister and
said: You get your people there or you are going to have hell to pay
from the United States. And then she had to turnaround and go from
thereexcuse mego from there Chris Stevens memorial service
where, you know, she had to, and the memorial service of the other three
fallen Americans. And she had to give a eulogy. And it was just an
incredibly emotional week, and I was impressed by how cool, calm, and
collected she was throughout it all, even though she was kind of deeply
feeling the responsibility of what was going on.129
Mr. Sullivan described Secretary Clintons leadership in the days following the attacks in
the following exchange with Ranking Member Cummings:
Q:
Speaking of the next day after the attack, she spoke to the staff in Tripoli
and in the United States. Do you know why she did that and what was
I mean, did you discuss that with her?
A:
I actually didnt discuss it with her. She came in that morning and said:
I want to get on the phone with everybody in Tripoli, and I want to tell
them, you know, what a good job they did to save the lives of so many
people, how quickly they responded and how effectively they responded
because she knew they would be feeling terribly about what happened,
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not just personally terribly about the loss of their colleagues but also that
some of them would probably be sitting there second guessing things.
And she wanted to call them and tell them: You guys did a great job.
She wanted to speak to the entire staff of the State Department that week
as well to communicate to them: You know, we are going to pull
together. America is bigger and stronger than all of this. And we are
going to show the world just how capable and effective we are as a
diplomatic service and a family. That was one of the big things that she
was able to communicate that week. And I think for people who worked
at the State Department, her leadership over the course of that week
meant a great deal.
Q:
You know, a transcript, Mr. Sullivan, will never reflect the emotion that I
am watching from you. And I just want to thank you for your service.130
Mr. Sullivan explained that the focus throughout the Department was on the safety of
American personnel overseas:
Everybody on the night in question was focused on job No. 1, which was, how
do you get all of the American personnel in Benghazi safe? How do you get
them out of Benghazi as quickly as possible, and then how do you make sure
to move rapidly to try to ensure that this kind of thing wouldnt happen at other
posts around the world? And so thats where all of our energy and efforts were
devoted. And especially in this context where we didnt know where
Ambassador Stevens was, a huge amount of the energy and effort during that
timeframe was trying to locate him, trying to get him safe. So the question of
what had transpired before was not as relevant to us as what we could do right
then and there to try to find our Ambassador, protect our people.131
Secretary Clintons Chief of Staff, Cheryl Mills, confirmed these facts during her
interview with the Select Committee. She described the Secretarys and others actions on the
night of the attacks:
The Secretary reached out to the [Libyan] government. So, too, were others
reaching out, both on the ground, if I recall, in Tripoli, and it might have been
the case that also the Assistant Secretary or her team was doing the same
thing. But, candidly, everybody was trying to reach to whatever asset or
individual or government partner who they thought would be able to help
secure our people and ensure their safety.132
Regarding how best to respond, she also stated about Secretary Clinton:
She was pretty emphatic about wanting whatever to be done and whatever
were assets that could be deployed, if that was both effective and possible to be
done. Obviously, it was a challenging environment, given that our compound
had been overrun. And so you want to ensure that, as you also are thinking
about who else might go in, how they are able to do that effectively. But my
observation and impression and, obviously, engagements were around what
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can be done, what can be sent, and how can that be done best. There was not
any notion of not doing that to the fullest amount that was practical, effective,
and possible.133
When asked if Secretary Clinton requested that military assets be deployed, Ms. Mills
responded:
She actually on our SVTCSwhich obviously had the presence of a number
of different agencies, of which I believe DOD was onesaid we need to be
taking whatever steps we can, to do whatever we can to secure our people.
And I can remember that someone from the White House said that the
President was 100 percent behind whatever needed to be done and we needed
to do whatever needed to be done. And thats, you know, thats what he would
expect, but its also what was said.134
Ms. Mills also had this exchange:
A:
She was very concerned. She was also very determined that whatever
needed to be done was done. And she was worried. She was worried
not only about our team on the ground in Benghazi but worried about our
teams that were on the ground in Libya and our teams on the ground in a
number of places, given what we had seen unfold in Egypt.
Q:
A:
No. She was veryshe was very certain. And, indeed, when we said it
was going to be a staff SVTCS, which was our diplomatic way of saying
that maybe she shouldnt be attending, she said, Im coming. And so
we tried to make sure the rest of the interagency knew ahead of time that
she was going to be on, but we were unsuccessful, so they were surprised
when she sat down.
Q:
A:
Im not surprised, because thats her approach. Shes a person who steps
in and leads. Shes someone who, when there is accountability, takes it.
So I wasnt surprised. But I know that it can sometimes be intimidating
to other staff that there is a principal present. And what she really was
communicating that night is, Im here because I want my team safe.
Im not here because Im here for any other reason than trying to get
their safety. And whatever we need to do to do that I want to do.135
Ms. Mills also explained Secretary Clintons reaction to the deaths of Ambassador
Stevens, Sean Smith, Tyrone Woods, and Glen Doherty:
I think she was devastated. Ambassador Stevens was someone she had a lot of
confidence and respect for. And his guidance and his way was a compelling
one. And the notion that he had been murdered, I think, was something that all
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of us thought was unbearable, but I think she particularly felt the pain of
that. She also felt the pain of the loss of other Americans that were there that
night, whom she didnt have a personal relationship with but who she knew
were there because they were trying to further our own interests. And so she
felt very strongly about claiming all of them, even at a time where there was
ambiguity about how that should or shouldnt be done, but also in honoring
their service and what they had done. And, in the days afterwards, she spent
time reaching out to our team in Tripoli, constantly trying to determine if they
had what they needed, constantly trying to remind people that, while we all
have jobs, people are fragile and you have to remember the fragility of people
and their humanity and you have to give respect to that. And she made herself
consistently present to people on her team because she wanted them to know
that, as hard as this was, this was something that required us all to bear
witness, to learn, and to try to be the very best we could in those moments.136
And you can make the case, if you look at Libya, look at what we
did thereits a messif you look at Saddam Hussein with Iraq,
look what we did thereits a messits gonna be same thing.
Todd:
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143
Trump:
Todd:
Well, let me button this up. If Saddam and Gaddafi, you think
things would be more stable?
Trump:
This was a reversal of Mr. Trumps position in 2011 when he stated that the United States
should on a humanitarian basis, immediately go into Libya, knock this guy out very quickly,
very surgically, very effectively, and save the lives.139 When confronted on CBS Face the
Nation with that contradiction, Mr. Trump explained that I was for something, but I wasnt for
what we have right now. He added: I wasnt for what happened. Look at the wayI mean
look at with Benghazi and all of the problems that weve had. It was handled horribly. I was
never for strong intervention. I could have seen surgical where you take out Qadhafi and his
group.140
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knowing that there would be a sufficient legal basis to do this, and that was the
U.N. Security Council Resolution. It included knowing that the stakes had
grown sufficiently high. Qadhafis forces were advancing on the gates of
Benghazi, and the forces on the ground werent going to be able to stop them.
It included very crucially the opportunity to sit down and take the measure of
the representative of the Transitional National Council to know that there was
a credible opposition, organized political group, that we could partner with in
carrying out the civilian protection issue. Secretary Clinton traveled abroad in
an effort to establish all of these facts. And until they had all fallen into place,
and until she was confident that the circumstances warranted it, she was not
prepared to make a recommendation to the President that he engage in any
military action in Libya.144
Secretary Clinton was not alone in her support for the NATO intervention in Libya.
Many congressional Republicans supported U.S. military involvement in Libya as well. For
example, in a March 11, 2011, letter to President Obama, Rep. Adam Kinzinger stated:
The United States can no longer stand by and watch the humanitarian crisis
unfolding in Libya. Every day the violence increases as the Qaddafi regime
continues to assault the Libyan people. The world is watching the people of
Libya courageously fighting for their freedom and basic human rights. The
world also watches as we do nothing to stop the slaughter.145
Senator John McCain was also a staunch proponent of U.S. intervention in Libya. While
visiting Benghazi in the early months of the revolution, Senator McCain made the following
statement:
Had President Obama and our allies not acted, history would have remembered
Benghazi in the same breath as Srebrenicaa scene of mass atrocities and a
source of international shame. Instead, Benghazi today is a source of hope,
and I have come here to ask our Libyan partners what more we can do to help
them win their freedom.146
In a April 7, 2011, letter to President Obama, Senator Marco Rubio recommended that
then-Special Envoy Stevens establish a provisional Embassy in Benghazi in order to assess
opposition needs and to negotiate the terms of formal recognition, contingent upon assurances
that a new Libyan Government will be representative of the Libyan people and take
demonstrable measures to protect the basic human rights of the Libyan people.147
Two weeks later, Senator Lindsey Graham said on CNN:
The way to get Gadhafi to leave is have his inner circle break and turn on him.
And thats going to take a sustained effort through an air campaign. I think the
focus should now be to cut the head of the snake off. Thats the quickest way
to end this. The people around Gadhafi need to wake up every day
wondering will this be my last. The military commanders in Tripoli
supporting Gadhafi should be pounded. So I would not let the U.N. mandate
stop what is the right thing to do. You cannot protect the Libyan people if
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Gadhafi stays. You cannot protect our vital national security interests if
Gadhafi stays. The long drawn-out protracted engagement is not good for the
Libyan people. A lot of people are going to die unnecessarily. Lets get this
guy gone and the way to get him out of Libya is to go after him militarily
through the air.148
In a press statement on August 21, 2011, when the Libyan capital and Qadhafi stronghold
of Tripoli fell to rebel forces, Chairman of the House Permanent Select Committee on
Intelligence Mike Rogers stated:
As it becomes increasingly apparent in Libya that the regime is falling apart,
we must continue to act to protect our U.S. national security interests. It is as
important now as before. We can be proud of the role the United States and its
allies have played. This demonstrates again that substantive action by the
United States can make a critical difference in the struggle against dictatorship
and oppression. But this is not over yet. Even after Qaddafi is out of power we
will have to step up and lead to ensure U.S. national security interests are
safeguarded. In particular, we must ensure that Qaddafis stockpiles of
advanced weapons, chemical weapons and explosives dont fall into the wrong
hands.149
In an editors note to Chairman Rogers statement, it was noted further:
Chairman Rogers, amongst a number of other senior Republican lawmakers,
was an early proponent for aggressive U.S. involvement in Libya, to include
the institution of a no fly zone. On March 3, 2011, prior to the
Administrations decision to take action in Libya, Chairman Rogers was cited
in the LA Times as advocating the enforcement of a no fly zone as a way for
the U.S. to project power without getting engaged on the ground.150
Despite bipartisan support for military intervention in Libya, some Republicans have
alleged that Secretary Clinton falsified or misrepresented intelligence about the threat that
Qadhafi posed to his own people. For example, during an interview with Breitbart News in
January 2015, Senator Rand Paul summarized his claims:
What Ive been saying for over a year now is that Hillary took us to war in
Libya under false pretenses. She claimed there was some sort of imminent
threat and that there was going to be some sort of genocide and she sold this
war to the Obama administration.151
Senator Paul continued, linking his criticism to Secretary Clintons electability as
president:
This is involved on so many levels. One, you want a Commander-in-Chief
who has wisdom and would look to all different various parts of government
for information. You would want a Commander-in-Chief who would listen to
the military, who would listen to the State Department, who would also listen
to the intelligence community. But in this case, you have Hillary Clinton
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147
In an email dated September 6, 2011, then-Special Envoy Stevens wrote to the Deputy
Chief of Mission in Libya with a list of reasons he felt it was important to maintain a small Staterun presence in Benghazi for at least six months. Some of the reasons included continuing
contact with the Transitional National Council and new Libyan government entities, monitoring
political trends, and engaging civic elites to facilitate the countrys transition to a united,
democratic Libya. Then-Special Envoy Stevens wrote: The revolution began in eastern Libya
and the views of these 2 million inhabitants will certainly influence events going forward. He
continued:
Many Libyans have said that the US presence in Benghazi has a salutary,
calming effect on easterners who are fearful that the new focus on Tripoli
could once again lead to their neglect and exclusion from reconstruction and
wealth distribution. They feel the US will help ensure they are dealt with
fairly.155
During his transcribed interview with the Select Committee, Ambassador Stevens
predecessor, Ambassador Gene Cretz, explained the importance of maintaining a U.S. presence
in Benghazi leading up to elections scheduled for the summer of 2012:
These were going to be the first elections that were held in Libya in over 40
years. The Libyans had no experience with elections. They were in the
process of really making an effort to form a new democratic system. So I think
it was critical that we be there to make sure that the normal problems that
plagued a country in this particular stage of evolution were minimized to the
extent possible. I think with our presence, perhaps, if we were able to help
them a bit and just to help guide them through the process was critical as we
saw it for the future of this democratic experiment. I think it just helped
bolster the confidence of the people that we would be there, that whatever
suspicions they may have had toward whatever government emerged in Tripoli
would have been allayed to a certain extent by knowing that the U.S. was
watching. So it was a critical notion on our part that we be there through the
elections to make sure that they were conducted in the most democratic means
possible.156
Chris Stevens returned to Tripoli on May 26, 2012, as the U.S. Ambassador.
In late August 2012, Deputy Chief of Mission Gregory Hicks worked with Ambassador
Stevens to prepare a draft proposal from Embassy Tripoli to Washington D.C. requesting that the
Department establish a permanent branch office in Benghazi in order to provide a permanent
platform to protect U.S. national security interests in the region, and to promote a stronger,
healthier and more vibrant bilateral relationship with the new, free, and democratic Libya. The
proposal stated:
A permanent Embassy branch office in Benghazi would enable us to continue
to monitor political activity in this extremely important region of the country.
It would allow us a base from which to track Islamist and other extremist
terrorist activities and to develop effective countermeasures against them. It
would sustain the frequency of interaction with local contacts who could
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149
Accountability Review Board. The article identified the confidants as Chief of Staff Cheryl
Mills and Deputy Chief of Staff Jacob Sullivan.160
According to this account, employees were instructed to review documents and pull out
anything that might put senior officials in a bad light. The article also stated that Mr.
Maxwell said that he couldnt help but wonder if the ARBperhaps unknowinglyhad
received from his bureau a scrubbed set of documents with the most damaging material
missing.161
The report also described an incident in which Ms. Mills and Mr. Sullivan allegedly
checked in on the operation and came into contact with Mr. Maxwell:
When Cheryl saw me, she snapped, Who are you? Maxwell says. Jake
explained, Thats Ray Maxwell, an NEA [Near Eastern Affairs Bureau]
deputy assistant secretary. She conceded, Well, OK.162
Several conservative press outlets immediately seized on The Daily Signals report to
claim that former aides to Secretary Clinton ordered the destruction of documents to prevent
Congress and the ARB from ever seeing them.163
On October 17, 2014, Chairman Gowdy was interviewed on Fox News by Greta Van
Susteren, who asked if he believed Mr. Maxwells allegation that documents were tossed out.
In response, the Chairman stated:
What you would do is what Im going to do Greta, and that is, give Mr.
Maxwell an opportunity to say what he perceived to happen and hes going to
have to give us the names of the other people who were involved and then
were going to give them an opportunity to say whether or not they have a
different perspective. Its going to be an investigation. And if there is a
dispute as to what happened then well let your audience decide who has more
credibility.164
By the time Chairman Gowdy made this statement, however, his staff had already
interviewed Mr. Maxwell without including, inviting, or even notifying Democratic Members or
staff. Mr. Maxwell apparently identified for Republican staff a second witness that he claimed
was present during this document review at the State Department. Mr. Maxwell identified this
person as someone who could corroborate his allegations and someone he believes is credible.
Then, on October 16one day before Chairman Gowdy appeared on Fox Newshis
staff interviewed this second witness, again without including Democrats. However, this second
witness did not substantiate Mr. Maxwells claims. To the contrary, he did not recall ever having
been in the document review session Mr. Maxwell described, he said he was never instructed to
flag information in documents that might be unfavorable to the Department, and he reported that
he never engaged in or was aware of any destruction of documents.165
On March 8, 2016, almost a year-and-a-half later, the Select Committee conducted a
bipartisan transcribed interview with Mr. Maxwell. During his interview, when confronted with
the fact that the individual he recalled being in the room had not substantiated his claims, Mr.
Maxwell explained that he must have been mistaken about the individual who was there:
FINDINGS
150
Q:
Do you recall anybody else who was in the room that day?
A:
You know, I dont recall. Earlier I said that there was an intern there.
And you guys called the intern. The intern got all frazzled. He called
me. And he said: Ray, I really dont remember blah, blah, blah, blah.
And I said: Look, if you dont remember, you dont remember. Im not
going to, you know, bother you about that. I thought an intern was there.
Its possible that I had the wrong intern. We had lots of different interns,
so I didnt make a big deal about it. So for the purposes of our
conversation today I wont say that there was an intern there since he
claims that he wasnt there. Or he didnt say he wasnt there, he said he
didnt remember.166
Then, Mr. Maxwell stated that he thought an intern was present, but he did not recall if it
was a man, as he originally recalled, or a woman:
A:
I thought it was [the original individual he named], but it may have been
that woman who was also an intern. I rememberI recall an intern
being there with [the Deputy Office Director]. And over time, memory
fades.
Q:
So youre not sure as you sit here today whether it was a male or female
who was the intern?
A:
During his interview, Mr. Maxwell stated that he had no firsthand evidence that anybody
had actually removed, scrubbed, or destroyed any documents before their production to the
ARB:
Q:
Do you have any evidence that anyone at the State Department removed
or scrubbed any damaging documents from materials that were provided
to the ARB?
A:
No.168
Instead, Mr. Maxwell repeated his claim that he had been informed by the Deputy Office
Director in the Office of Maghreb Affairs that she had been ordered to remove or scrub
damaging documents. He said that he had an ethical concern with what she had described to
him, but that he never reported it or mentioned it to his superiors or the ARB.
The Deputy Office Director in the Office of Maghreb Affairs denied Mr. Maxwells
allegations directly in the following exchange with the Select Committee:
Q:
FINDINGS
And theres a direct quote from Mr. Maxwell thats included in here
where he states that you told him that the purpose of the document
review was to, quote, again, quote, go through these stacks and pull out
151
anything that might put anybody in the [Near Eastern Affairs] front
office of the seventh floor in a bad light, close quote. Is that accurate?
A:
Q:
And do you know what may have given him this impression that you
said these words to him?
A:
I dont know.
Q:
Okay. Did anyone ever order you to pull out any information that might
put the NEA front office or the seventh floor in a, quote, bad light,
close quote?
A:
No.169
She stated that there was nothing unethical about the document review sessions:
Q:
My colleague touched on it, but there is, on that front page, a direct
quote wherein Mr. Maxwell indicates, quote, I asked her, meaning
you, but isnt that unethical? She responded Ray, those are our
orders. You indicated earlier that certainly nothing like what is
implied here happened?
A:
Yes, maam.
Q:
That goes beyond an implication. It actually indicates that you may have
engaged in something unethical. What is your response to that potential
charge?
A:
Q:
A:
And I would embellish that if there wasnt a court reporter in the room,
but this article made me extremely angry.170
She explained that in all of her document reviews, she applied the standard review
process:
Q:
And was this review process part of any effort to withhold or conceal
information from the Accountability Review Board, to your
understanding?
A:
Q:
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152
Q:
A:
Q:
A:
Q:
Yes.
A:
Q:
So that would include information like the names of Libyans that might
be working with the U.S. Government?
A:
Secretary Clintons Chief of Staff Cheryl Mills also denied Mr. Maxwells charges.
During her transcribed interview with the Committee, Ms. Mills had the following exchange:
Q:
A:
I dont.
Q:
Do you have any evidence that anyone at the State Department directed
anyone else at the State Department to remove or scrub damaging
documents from the materials that were provided to the ARB?
A:
I dont.
Q:
FINDINGS
153
A:
I do not.172
Ms. Mills explained that she had not had any interaction with Mr. Maxwell about
documents:
Q:
And, you know, setting aside this particular instance and whether there
was a basement review process going on, did you ever give anyone any
instruction that they should pull out anything that might put anybody in
the NEA front office or the seventh floor in a bad light?
A:
I did not.
Q:
Did you ever instruct anyone to pull out documents that might put
Secretary Clintonpaint her in a bad light?
A:
I did not.
Q:
A:
I did not.
Q:
Did anyone ever come to youyou were kind of the point person for the
Department on making a lot of these wheels go around. Did anyone
come to you at the time or any time after and express concern to you
internally that there had been efforts, that there had been orders to flag,
remove, scrub, destroy documents that might look damaging to the State
Department?
A:
No, they did not. And the A Bureau keeps a copy of everything, so they
are the repository that holds everything. So there are only then copies
made for review. So, no, that didnt happen, and the complete repository
always stayed with the A Bureau. It never left.
Q:
So if anyone were going to propose or think about doing this, its a pretty
high-risk gambit, because ultimately the A Bureau is going to have the
master copy
A:
Q:
A:
Correct.173
Mr. Sullivan also denied Mr. Maxwells claims. He had this exchange with Chairman
Gowdy:
FINDINGS
154
Q:
A:
Q:
All right.
A:
Q:
A:
Q:
Those may have been some of his allegations. He also had more nuanced
allegations, and I want to go through them just get your perspective.
Were you ever in a room with Ms. Mills where Raymond Maxwell was
also present?
A:
I dont think so, no. I dont think Ive ever met Raymond Maxwell.
Q:
All right. Were you part of any team that was assembling documents for
the ARB?
A:
Q:
Did you recall any weekend document parties where you and Ms. Mills
would have both been working on the ARB on a weekend at the State
Department?
A:
Q:
Were there any documents that you reviewed that you thought would not
be appropriate for the ARB to have access to?
A:
No.174
155
Committee demonstrates that the ARB members conducted their investigation with complete
independence, thoroughness, and patriotism. Their final report was piercing and penetrating,
assigning accountability where it was due, and making strong recommendations for reform.
More than two years of re-investigating the Benghazi attacks have only found additional
evidence to support the ARBs core findings in its final report, which the ARB completed in less
than three months after conducting 100 interviews.
The ARBs findings are further bolstered by a review of the ARBs internal files, which
Republicans had long sought access to, but the State Department resisted based on concerns
about the negative impact on future ARBs. These internal files, which have now been obtained
by the Select Committee, confirm the thoroughness and independence of the ARB.
During a television appearance in April 2013, Chairman Gowdy stated: [A]fter seven
months, it becomes patently obvious that the sole function of the Accountability Review Board
was to insulate Hillary Clinton.175 During the Select Committees first public hearing, Select
Committee Member Jim Jordan stated: [O]f course this thing [the Accountability Review
Board] wasnt independent. ... [I]t was anything but independent.176
Pursuant to Section 301 of the Omnibus Diplomatic Security and Antiterrorism Act of
1986, the State Departments ARB process is used to conduct thorough and independent reviews
of significant security-related incidents at U.S. diplomatic facilities overseas. The ARBs
objective is to determine accountability and improve the security practices of U.S. missions and
personnel serving abroad.
On September 19, 2012, Secretary Clinton approved the establishment of an ARB to
investigate the September 11, 2012, attacks on U.S. facilities and personnel in Benghazi, Libya.
The Board was officially convened on October 1, 2012.
In accordance with the governing ARB statute, Secretary Clinton selected four members
to serve on the ARB, and Director of National Intelligence James Clapper selected one member
from the Intelligence Community. Former Ambassador Thomas Pickering served as Chairman,
and the former Chairman of the Joint Chiefs of Staff Admiral Michael Mullen served as Vice
Chairman. Catherine Bertini, Richard Shinnick, and Hugh Turner also served as ARB Members.
In less than three months, the Benghazi ARB interviewed more than 100 witnesses,
reviewed thousands of pages of documents, and viewed hours of video. In comparison, it took
the Select Committee more than two years to interview less than 110 witnesses.
On December 18, 2012, the Benghazi ARB released a report on its findings. By statute,
the report included findings on whether the attacks were security-related, whether security
systems and procedures were sufficiently adequate and properly implemented, and whether any
U.S. government employee breached his or her duty. The ARB also issued 29 recommendations
to improve security systems and procedures at the Department of State, all of which were
accepted by Secretary Clinton.
On June 4, 2013, the House Committee on Oversight and Government Reform conducted
a deposition with Ambassador Pickering. During that deposition, Ambassador Pickering
FINDINGS
156
explained to Members and staff that it was a debt of honor to have served on the ARB, noting
his personal connection to Ambassador Stevens:
[Y]ou know when you lose friends, when you lose colleagues and fellow
employees, thats the most urgent and demanding of all situations, and if you
can make a contribution and make it right, its important.
Chris Stevens worked for me as my special assistant for 2 years when I was
Under Secretary of State. This was not any kind of vendetta, but I felt that
Chris gave me two wonderful years of his life in supporting me in very
difficult circumstances, that I owed him, his family, and the families of the
other people who died the best possible report we could put together.
And I have to tell you, the five of us, I think, time and time again mentioned
how important this was, how significant it was to get it right, and how
important it was towhat our work product would be, what our end result
would be, would be deeply scrutinized, and it should be, theres no reason it
shouldnt be, but that we had to work as hard as we can to make it stand up,
that we had, with all respect to everybody in this room, no sense of political
attachment on this particular issue. We wanted to do it in the best way we
could. We got lots of advice from all areas. We attempted to synthesize that
and put it into those 29 recommendations in the most serious way that we
could.
So it was on obligation, maybe a debt of honor on our side. And I considered
it an honor to be asked by the Secretary of State just to be on the Board, but in
a more distinct one, to be asked to be chairman. And I felt that it was my
responsibility, working with the others, and we worked in a very collegial way,
but we certainly had differences and discussions in our views. We had a lot of
give and take, which was good, and I felt it was very useful. And we brought in
experts, and they were extremely helpful to us in looking at the way in which
the report was put together and prepared.177
Testifying before the House Committee on Oversight and Government Reform, Admiral
Mullen stated that it was a privilege for him to serve on the ARB:
[I]t was a privilege, it remains a privilege. I knew it was critical work. And
it was, from my perspective something I did for my country. And certainly I
understood obviously instantly the gravity of the situation just because of the
loss of life even though as it initially occurred I really didnt have much of an
idea how it happened. I didnt do it for any other reason but to do it for the
country.178
In September 2013, the State Department Office of Inspector General released its Special
Review of the Accountability Review Board Process, which examined all 12 ARBs convened
between 1998 and 2012, including the ARB for Benghazi, to evaluate the process by which
Accountability Review Boards (ARB/Board) are established, staffed, supported, and conducted
FINDINGS
157
A:
It is my contention that it is. And this will play out in the next couple of
weeks. I have been trying to get a list together should the PCC
[Permanent Coordinating Committee] recommend an ARB, and Im
having no luck.182
She concluded:
[I]f we dont have that close examination of what happened and what we can
do to make it not happen again, we have lost all of thatthe ability to ensure
the safety of our people overseas.183
FINDINGS
158
ENDNOTES
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
2
Id.
3
Id.
4
Id.
5
Email from Special Envoy Chris Stevens to Ambassador Gene Cretz, et al., Thoughts on Future of
Mission Benghazi (Sept. 6, 2011) (C05389447-MOU).
6
Action Memo from Jeffrey Feltman to Undersecretary Patrick Kennedy, Future of Operations in
Benghazi, Libya (Dec. 27, 2011) (SCB0047413-MOU).
7
Id.
8
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
9
Information Memorandum, IM for Future of Operations in Benghazi, Libya (Dec. 20, 2011)
(C05457274).
10
Id.
11
State Department, Cable 12 TRIPOLI 130, Request for DS TDY and FTE Support (Mar. 28, 2012)
(C05890650-MOU).
12
Email from Benghazi Principal Officer to Regional Security Officer Tripoli, et al., TripoliRequest for
DS TDY and FTE Support (Apr. 21, 2012) (attaching State Department Cable 12 STATE 38939 (Apr. 19, 2012)).
13
Id.
14
House Committee on Oversight and Government Reform, Interview of Diplomatic Security Desk Officer
(Aug. 8, 2013).
15
Id.
16
Id.
17
House Committee on Oversight and Government Report, Hearing on The Security Failures of Benghazi
(Oct. 10, 2012) (online at www.gop.gov/resources/library/documents/benghazi/ogr-the-security-failures-ofbenghazi.pdf).
18
Select Committee on Benghazi, Interview of Deputy Assistant Secretary for International Programs (Jan.
7, 2016).
19
Id.
20
Select Committee on Benghazi, Interview of Diplomatic Security Agent A (Feb. 24, 2015).
21
Select Committee on Benghazi, Interview of the Deputy Assistant Secretary for International Programs
(Jan. 7, 2016).
22
Id.
23
Select Committee on Benghazi, Interview of Deputy Chief of Mission (Aug. 12, 2015) (emphasis added).
24
Select Committee on Benghazi, Interview of the Deputy Assistant Secretary for International Programs,
Diplomatic Security (Jan. 7, 2016).
25
Id.
26
Id.
27
Select Committee on Benghazi, Interview of Under Secretary for Management Patrick Kennedy (Feb. 3,
2016).
28
House Committee on Oversight and Government Reform, Deposition of Ambassador Thomas Pickering
(June 4, 2013).
29
House Committee on Oversight and Government Reform, Interview of Admiral Michael Mullen (June
19, 2013).
30
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
31
Id.
32
Id.
33
Id.
34
Id.
35
Select Committee on Benghazi, Interview of Diplomatic Security Agent A (Feb. 24, 2015).
FINDINGS
159
36
Id.
Select Committee on Benghazi, Interview of Diplomatic Security Agent B (Apr. 2, 2015).
38
Id.
39
Id.
40
House Committee on Oversight and Government Reform, Interview of Diplomatic Security Desk Officer
(Aug. 8, 2013).
41
Weekly Update of Topics in Benghazi (Jan. 29, 2012) (C05390904).
42
Select Committee on Benghazi, Interview of Diplomatic Security Agent C (Apr. 9, 2015).
43
Id.
44
Id.
45
Id.
46
Select Committee on Benghazi, Interview of Diplomatic Security Agent D (Apr. 13, 2015).
47
Id.
48
Id.
49
Id.
50
Id.
51
Id.
52
Select Committee on Benghazi, Interview of Diplomatic Security Agent E (Aug. 21, 2015).
53
Select Committee on Benghazi, Interview of Diplomatic Security Agent F (Mar. 24, 2015).
54
Id.
55
Id. (according to the ARB, Omar Abdurrahman group made an unsubstantiated claim of responsibility
for the June 6, 2012, attack).
56
House Committee on Oversight and Government Reform, Interview of Diplomatic Security Desk Officer
(Aug. 8, 2013).
57
Email from Regional Security Officer in Benghazi to Diplomatic Security Desk Officer et al., Staffing
(June 14, 2012) (C05388987) (emphasis in original).
58
Id.
59
House Committee on Oversight and Government Reform, Interview of Diplomatic Security Desk Officer
(Aug. 8, 2013).
60
Select Committee on Benghazi, Interview of the Deputy Assistant Secretary for International Programs,
Diplomatic Security (Jan. 7, 2016).
61
Select Committee on Benghazi, Interview of Diplomatic Security Agent G (May 19, 2015).
62
Id.
63
State Department, Cable 12 TRIPOLI 690, TripoliRequest for Extension of TDY Security Personnel
(July 9, 2012) (SCB0049439-MOU).
64
Select Committee on Benghazi, Interview of the Deputy Assistant Secretary for International Programs
(Jan. 7, 2016).
65
Email from Diplomatic Security Desk Officer to [Redacted], FW: DoD Support to US Embassy Tripoli
(July 12, 2012) (C05391287).
66
House Committee on Oversight and Government Reform, Hearing on the Security Failures of Benghazi,
112th Cong. (Oct. 10, 2012).
67
Select Committee on Benghazi, Interview of Diplomatic Security Agent H (Apr. 15, 2015).
68
Id.
69
Id.
70
Id.
71
State Department, Cable 12 TRIPOLI 952, The Guns of August: Security in Eastern Libya (Aug. 8,
2012) (C05262779).
72
Email from Principal Officer to Ambassador Christopher Stevens and Deputy Chief of Mission Gregory
Hicks, February 17/QRF Contract (Aug. 12, 2012) (C05395770).
73
Select Committee on Benghazi, Interview of Principal Officer (Mar. 26, 2015).
74
State Department, Cable 12 TRIPOLI 55, U.S. Mission Benghazi Emergency Action CommitteeAugust
16, 2012 (C05261905) (the EAC is an interagency group convened in U.S. embassies and other facilities to address
emergencies or security matters).
75
Id.
76
Id.; Select Committee on Benghazi, Interview of Principal Officer (Mar. 26, 2015).
37
FINDINGS
160
77
State Department, Cable 12 Tripoli 55, US Mission Benghazi Emergency Action CommitteeAugust 16,
2012 (C05261905).
78
Email from Agent H to Regional Security Officer, RE: Reports to System (Aug. 23, 2012) (C05391883)
(attaching Security Requests for U.S. Mission Benghazi (Aug. 22, 2012) (C05578292)).
79
Select Committee on Benghazi, Interview of Diplomatic Security Agent H (Apr. 15, 2015).
80
Email from Diplomatic Security Agent H to Diplomatic Security Agent I et al., FW: RSO Turnover Docs
(Aug. 29, 2012) (C05474918).
81
Id.
82
U.S. Mission Benghazi Memorandum, Regional Security Officer Turnover (Aug. 28, 2012) (C05391853MOU).
83
Id.; Email from Diplomatic Security Agent H to Diplomatic Security Agent I et al., FW: RSO Turnover
Docs (Aug. 29, 2012) (C05474918); Email from Diplomatic Security Agent H to Regional Security Officer, Reports
to System (Aug. 23, 2013) (C05391883).
84
House Oversight and Government Reform Committee, Interview of Regional Security Officer (Oct. 10,
2013).
85
House Committee on Foreign Affairs, Terrorist Attack in Benghazi: The Secretary of States View (Jan.
23, 2013) (online at http://docs.house.gov/meetings/FA/FA00/20130123/100170/HHRG-113-FA00-20130123SD003.pdf).
86
House Committee on Oversight and Government Reform, Interview of Diplomatic Security Agent (Oct.
9, 2012).
87
Interim Progress Report for the Members of the House Republican Conference on the Events
Surrounding the September 11, 2012 Terrorist Attacks in Benghazi, Libya (Apr. 23, 2013) (online at
https://oversight.house.gov/wp-content/uploads/2013/04/Libya-Progress-Report-Final-1.pdf).
88
Id.
89
Fox & Friends, Fox News (Apr. 24, 2013) (online at https://youtu.be/MsJpsW59jCs).
90
State of the Union, CNN (May 19, 2013) (online at www.youtube.com/watch?v=enwwbnPmVvs).
91
Issas Absurd Claim that Clintons Signature Means She Personally Approved It, Washington Post
(Apr. 26, 2013) (online at www.washingtonpost.com/blogs/fact-checker/post/issas-absurd-claim-that-clintonssignature-means-she-personally-approved-it/2013/04/25/58c2f5b4-adf8-11e2-a986-eec837b1888b_blog.html).
92
Id.
93
Id.
94
Rand Paul Says Hillary Clinton Was Asked Repeatedly to Provide Security in Benghazi Including
Direct Cables, PolitiFact (May 22, 2013) (online at www.politifact.com/truth-ometer/statements/2013/may/22/rand-paul/rand-paul-says-hillary-clinton-was-asked-repeatedl/).
95
State of the Union, CNN (Apr. 11, 2015) (online at www.cnn.com/2015/04/12/politics/rand-paul-hillaryclinton-foreign-policy/).
96
Rand Paul Attacks Hillary Clintons Response to Benghazi Attack, PolitiFact (Apr. 12, 2015) (online at
www.politifact.com/truth-o-meter/statements/2015/apr/12/rand-paul/rand-paul-attacks-hillary-clintons-responsebengha/).
97
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
98
600 Requests from Benghazi for Better Security: What This Statistic Really Means, Washington Post
(Jan. 26, 2016) (online at www.washingtonpost.com/news/fact-checker/wp/2016/01/26/600-requests-from-benghazifor-better-security-what-this-statistic-really-means/).
99
Id.
100
Fox News Sunday, Fox News (Dec. 13, 2015) (online at
www.foxnews.com/transcript/2015/12/13/donald-trump-responds-to-his-critics-kerry-climate-deal-lacks-penaltiesbecause/).
101
600 Requests from Benghazi for Better Security: What This Statistic Really Means, Washington Post
(Jan. 26, 2016) (online at www.washingtonpost.com/news/fact-checker/wp/2016/01/26/600-requests-from-benghazifor-better-security-what-this-statistic-really-means/).
102
Letter from Chairman Trey Gowdy, Select Committee on Benghazi, to David E. Kendall, Counsel for
Secretary Clinton (Mar. 31, 2015).
103
Select Committee on Benghazi, Interim Progress Update (May 8, 2015).
104
Department of State Office of Inspector General, Office of the Secretary: Evaluation of Email Records
Management and Cybersecurity Requirements (May 2016) (online at https://oig.state.gov/system/files/esp-1603.pdf).
FINDINGS
161
105
The 12 Hillary Clinton Emails You Must Read, Politico (July 1, 2015) (online at
www.politico.com/story/2015/07/hillary-clinton-emails-must-read-119628).
106
National Archives and Records Administration, Statement from the National Archives: Update on
NARAs Activities and Communications Related to Email Management at the Department of State (Dec. 7, 2015)
(online at www.archives.gov/press/press-releases/2016/nr16-29.html).
107
Select Committee on Benghazi, Gowdy Statement on Report by State Department Inspector General
(May 25, 2016) (online at http://benghazi.house.gov/news/press-releases/gowdy-statement-on-report-by-statedepartment-inspector-general).
108
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
109
Department of State Office of Inspector General, Office of the Secretary: Evaluation of Email Records
Management and Cybersecurity Requirements (May 2016) (online at https://oig.state.gov/system/files/esp-1603.pdf).
110
Id.
111
What People Are Saying About Clinton in San Diego, San Diego Union-Tribune (June 2, 2016)
(online at www.sandiegouniontribune.com/news/2016/jun/02/what-people-are-saying-about-clinton-in-sandiego/).
112
Presidential Candidate Carly Fiorina: Hillary Clinton Has Blood on Her Hands, Business Insider
(July 14, 2015) (online at www.businessinsider.com/carly-fiorina-hillary-has-blood-on-her-hands-2015-7).
113
While Some Republicans Seize Chance to Attack Hillary Clinton, Others Refrain, New York Times (July
26, 2015) (online at www.nytimes.com/2015/07/27/us/politics/while-some-republicans-seize-chance-to-attackhillary-clinton-others-refrain.html).
114
State of the Union, CNN (Apr. 12, 2015) (online at http://cnnpressroom.blogs.cnn.com/2015/04/12/senrand-paul-on-hillary-clinton-%E2%80%8Ei-think-benghazi-was-a-300-a-m-phone-call-that-she-never-picked-up/).
115
Lindsey Graham Twitter Account @LindseyGrahamSC (Sept. 16, 2015) (online at
https://twitter.com/lindseygrahamsc/status/644290364455587840)
116
Trump on Clintons 3 a.m. Call FactCheck.org (Apr. 28, 2016) (online at
www.factcheck.org/2016/04/trump-on-clintons-3-a-m-call/).
117
Americas Newsroom, Fox News (May 20, 2016) (online at http://insider.foxnews.com/2016/05/20/bencarson-after-benghazi-emails-hillary-says-trump-lacks-judgment).
118
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
119
Id.
120
Email from Operations Center to State Department Officials, The Secretary Has Requested to Speak
with Libyan President Magarif (Sept. 11, 2012) (SCB0084318-MOU).
121
Email from Operations Center to State Department Officials, The Secretary Is Speaking with Libyan
President Magarif (Sept. 11, 2012) (SCB0084317-MOU).
122
Email from Operations Center to State Department Officials, The Secretary Has Requested to Speak
with DCM Hicks, Embassy Tripoli (Sept. 11, 2012) (SCB0084316-MOU).
123
Email from Operations Center to State Department Officials, The Secretary Has Requested at
Conference Call (Sept. 11, 2012) (SCB0084315-MOU).
124
Email from Operations Center to State Department Officials, The Secretary is Speaking with Multiple
(Sept. 11, 2012) (SCB0084314-MOU).
125
Email from Operations Center to State Department Officials, The Secretary is Speaking with Multiple
(Sept. 11, 2012) (SCB0084313-MOU).
126
Email from Office of the Secretary Office Manager to Huma Abedin et al., RE: We Are All Still in the
Office (Sept. 11, 2012) (SCB00085747-MOU).
127
Id.
128
Select Committee on Benghazi, Interview of Jacob Sullivan (Sept. 5, 2015).
129
Id.
130
Id.
131
Id.
132
House Select Committee on Benghazi, Interview of Cheryl Mills (Sept. 3, 2015) (online at
http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_09_03_Transcript_of_Cheryl_Mills.
pdf).
133
Id.
134
Id.
FINDINGS
162
135
Id.
Id.
137
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
138
Meet the Press, NBC News (Oct. 4, 2015) (online at www.nbcnews.com/meet-the-press/meet-presstranscript-october-4-2015-n438271).
139
Trump Says Removing Qaddafi Was Mistake, But Pushed for Libya Intervention in 2011, BuzzFeed
News (Jan. 19, 2016) (online at www.buzzfeed.com/andrewkaczynski/trump-says-removing-gaddafi-was-mistakebut-pushed-for-libya?utm_term=.rpMXNVNJ0#.womvwAwWy).
140
Face the Nation, CBS News (June 5, 2016) (online at www.cbsnews.com/news/face-the-nationtranscripts-june-5-2016-trump/).
141
Select Committee on Benghazi, Interview of U.S. Deputy Chief of Mission in Libya (Aug. 12, 2015).
142
Select Committee on Benghazi, Interview of U.S. Deputy Permanent Representative to the United
Nations (Aug. 11, 2015).
143
United Nations Security Council, Resolution 1973 (Mar. 17, 2011).
144
Select Committee on Benghazi, Interview of Jacob Sullivan (Sept. 5, 2015).
145
Congressman Adam Kinzinger, Kinzinger Urges President Obama to Institute No-Fly Zone Over Libya
(Mar. 11, 2011) (online at http://kinzinger.house.gov/news/documentsingle.aspx?DocumentID=398745).
146
Senator John McCain, Statement by Senator McCain in Benghazi, Libya (Apr. 22, 2011) (online at
www.mccain.senate.gov/public/index.cfm/press-releases?ID=7e95d18f-a9eb-80ef-e599-95754897384e).
147
Letter from Senator Marco Rubio to President Barack Obama (Apr. 7, 2011) (online at
www.rubio.senate.gov/public/index.cfm/press-releases?ID=0e4ca166-190a-45d1-9b0e-572d582c01f2).
148
State of the Union, CNN (Apr. 24, 2011) (online at
http://transcripts.cnn.com/TRANSCRIPTS/1104/24/sotu.01.html).
149
House Permanent Select Committee on Intelligence, Chairman Rogers Comments Regarding Recent
Developments in Libya (Aug. 22, 2011) (online at
http://intelligence.house.gov/sites/intelligence.house.gov/files/documents/082211RecentDevelopmentsinLibya.pdf).
150
Id.
151
ExclusiveRand Paul: Obama Defended Hillarys War in Libya in Secret Capitol Hill Meeting with
GOP, Breitbart News (Jan. 29, 2015) (online at www.breitbart.com/big-government/2015/01/29/exclusive-randpaul-obama-defended-hillarys-war-in-libya-in-secret-capitol-hill-meeting-with-gop/).
152
Id.
153
House Benghazi Committee to Review Secret Hillary Tapes on Libya, Washington Times (Feb. 2, 2015)
(online at www.washingtontimes.com/news/2015/feb/2/hillary-clinton-libya-tapes-set-house-benghazicom/?page=all).
154
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
155
Email from Special Envoy Chris Stevens to Ambassador Gene Cretz, et al., Thoughts on Future of
Benghazi (Sept. 6, 2011) (C05389447-MOU).
156
Select Committee on Benghazi, Interview of Ambassador Gene Cretz (July 31, 2015).
157
Email from Gregory Hicks to Christopher Stevens, Draft Benghazi Proposal (Aug. 29, 2012)
(C05578322-MOU).
158
Letter from 33 Ambassadors to Members of the House Select Committee on Benghazi (Nov. 30, 2015).
159
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
160
Benghazi Bombshell: Clinton State Department Official Reveals Details of Alleged Document Review,
Daily Signal (Sept. 15, 2014) (online at http://dailysignal.com/2014/09/15/benghazi-bombshell-clinton-statedepartment-official-reveals-alleged-details-document-review/).
161
Id.
162
Id.
163
See, e.g., Former State Department Official: Clinton Camp Destroyed Benghazi Documents,
TruthInMedia.com (Sept. 16, 2014) (online at http://truthinmedia.com/former-state-department-official-clintoncamp-destroyed-benghazi-documents/); Hillary Clinton Staffers Destroyed Benghazi Documents, State Dept.
Official Claims, Christian Post (Sept. 16, 2014) (online at www.christianpost.com/news/hillary-clinton-staffersdestroyed-benghazi-documents-state-dept-official-claims-126510/); Report: State Department Official Claims They
Destroyed Benghazi Documents to Protect Hillary Clinton, Conservative Tree House (Sept. 15, 2014) (online at
136
FINDINGS
163
http://theconservativetreehouse.com/2014/09/15/report-state-department-official-claims-they-destroyed-benghazidocuments-to-protect-hillary-clinton/).
164
On the Record with Greta Van Susteren, Fox News (Oct. 17, 2014) (online at
http://gretawire.foxnewsinsider.com/video/video-benghazi-select-committee-chairman-trey-gowdy-our-goal-was-toplay-it-straight/).
165
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (Nov. 24, 2014) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2014_11_24_EEC_to_TG_Bipartisan_Co
mmittee.pdf).
166
Select Committee on Benghazi, Interview of Raymond Maxwell (Mar. 8, 2016).
167
Id.
168
Id.
169
Select Committee on Benghazi, Interview of Deputy Office Director, Office of Maghreb Affairs (Dec.
17, 2015).
170
Id.
171
Select Committee on Benghazi, Interview of Office of Maghreb Affairs Deputy Office Director (Dec.
27, 2015).
172
House Select Committee on Benghazi, Interview of Cheryl Mills (Sept. 3, 2015) (online at
http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_09_03_Transcript_of_Cheryl_Mills.
pdf).
173
Id.
174
House Select Committee on Benghazi, Interview of Jacob Sullivan (Sept. 5, 2015).
175
On the Record with Greta Van Susteren, Fox News (Apr. 30, 2013) (online at www.foxnews.com/onair/on-the-record/2013/05/01/gowdy-first-hand-account-benghazi-eyewitnesses-you-will-be-protected).
176
Select Committee on Benghazi, Hearing 1: Implementation of the Accountability Review Board
Recommendations (Sept. 17, 2014).
177
House Committee on Oversight and Government Reform, Deposition of Ambassador Thomas Pickering
(June 4, 2013).
178
House Committee on Oversight and Government Reform, Interview of Admiral Michael Mullen (June
19, 2013).
179
State Department Office of Inspector General, Special Review of the Accountability Review Board
Process (Sept. 2013) (online at https://oig.state.gov/system/files/214907.pdf).
180
Select Committee on Benghazi, Interview of Director, Office of Management Policy, Rightsizing, and
Innovation (Mar. 4, 2016).
181
Id.
182
Id.
183
Id.
FINDINGS
164
D. THE INTELLIGENCE
COMMUNITY
165
TABLE OF CONTENTS
D.
165
1.
167
2.
171
Decision to Respond
171
181
184
184
187
194
196
200
3.
4.
5.
FINDINGS
166
The Intelligence Community did not receive advance warning of the attacks in
Benghazi.
The CIA security teams response in Benghazi was delayed temporarily while
leadership on the ground sought local support.
Republican claims that the CIA was collecting and shipping arms from Libya to Syria
or elsewhere are unsubstantiated.
Political considerations did not influence the intelligence assessments or the CIAs
talking points provided to Congress and Ambassador Rice.
These findings are consistent with those of several previous investigations, including
bipartisan reviews by the House Permanent Select Committee on Intelligence (HPSCI) and the
Senate Select Committee on Intelligence (SSCI).
FINDINGS
167
Witnesses interviewed by the Select Committee confirmed that there was no advance
warning of the attacks. The CIA Deputy Chief of Base, who was the second-most senior
intelligence officer in Benghazi, explained:
So, you know, again, I dontagain, my sense is, my assessment is that had
there been some massive preplanned operation going on there to attack the
special mission, I am pretty sure we would have gotten wind of it. Now, I
cant say that with a hundred percent certainty. But my assessment was
judging on what I knew then and more significantly what I know now, having
worked in a different war zone and having run operations like this, we had
really good coverage there. You know, the work that the Chief of Base had
done and the other officers was really significant. And I really think if this
thing had been a massive preplanned operation, we would have gotten wind of
it.3
The Director of the CIA Office of Terrorism Analysis (OTA) confirmed: We did not
have intelligence that would have enabled us to provide tactical warning of the attack.4
None of the witnesses before the Select Committee provided any information indicating
that the attacks were the result of significant advanced planning. As HPSCI previously reported:
The sophistication of the attacks does not necessarily imply lengthy-preplanning.5
As SSCI explained:
Although it may never be known with complete certainty, it is possible that the
individuals and groups involved in the attacks had not planned on conducting
those attacks until that day, meaning that specific tactical warning would have
been highly unlikely.6
Both HPSCI and SSCI noted in their reports that after the attacks, there were
uncorroborated allegations about a possible unsuccessful attempt to warn officials on the day
of the attacks. According to the SSCI report:
Although it did not reach the U.S. Intelligence Community until after the
attacks, it is important to note that a former Transitional National Council
(TNC) security official in Benghazi, [Redacted], had received information of a
possible imminent attack against the mission facility in advance. The official
said that approximately four hours prior to the attack, he attempted to notify
the Libyan Intelligence Service (LIS) that an attack was expected, but he was
unable to reach two contacts he had in the LIS as they were out of the country.
The CIA has been unable to corroborate the officials claim that he attempted
to provide the LIS with advance warning about the attack.7
HPSCI noted the same allegation in its report, stating: This specific report by
[redacted] to the Libyansif it even occurredremains uncorroborated.8
Similarly, both HPSCI and SSCI were provided with an unsubstantiated allegation that
an individual told the U.S. government after the attacks that he attempted to warn the CIA in
Benghazi shortly before the attack, but was unable to reach the Chief of Base via telephone.9
FINDINGS
168
The Select Committee received additional evidence regarding this allegation and the
CIAs actions to investigate it. This new evidence confirmed that upon learning of the
allegation after the attacks, appropriate CIA personnel documented and reported on the
allegation at the time in accordance with established collection practices. The new
documentation also confirmed that the allegation had been investigated by the CIA at the time,
and that the CIA found no evidence to corroborate it.10
In addition, the Chief of Base told the Select Committee that in order to check the
veracity of the allegation, he reviewed the call information and found no record that this
individual attempted to reach him via telephone shortly before the attacks:
Q:
A:
He never did.
Q:
A:
Q:
A:
A senior official at CIA headquarters also confirmed that the allegation had been
investigated and could not be corroborated: And to my point earlier, before the Deputy
Director even asked us about that claim, we had already checked into it and determined that
there wasnt. We had no record.12
Despite the lack of advance warning, Democratic Members join with previous
investigations in noting that in the months preceding the attacks, the Intelligence Community
produced several reports regarding the overall deteriorating security environment in eastern
Libya. While this information was widely disseminated and available to executive and
legislative branch officials, nothing in these reports led anyone at the time to recommend that
State Department officials depart Benghazi.
Evidence reviewed by the Select Committee confirmed the HPSCI and SSCI findings
that the IC reported on the deteriorating threat environment in the months preceding the
attacks. As HPSCI pointed out:
[D]uring the 12 months preceding the attacks, CIA published 54 pieces of
finished intelligence analysis related to the security situation in eastern Libya,
the groups operating there, and the capabilities of the Libyan security services.
In numerous analytic products, CIA specifically highlighted the threats to
Western interests in eastern Libya. For example, CIA published a WIRe
[World Intelligence Review electronic] article in June 2012 titled Attack on
British Diplomatic Convoy Underscores Risks to Western Interests, which
included an accompanying chronology of attacks against Western interests
since April 2012.13
FINDINGS
169
However, information about the identities and motivations of the attackers was often
lacking. When asked about an intelligence report issued about two weeks before the attacks,
the Director of the Office of Terrorism Analysis (OTA) explained that the CIA did not know
who conducted many attacks, including the June 6, 2012, attack against the Special Mission
Compound: We did not know who many of these attacks were conducted by. I dont
believe that we ever actually definitively determined who was responsible for that [June 6,
2012] attack.14
In its December 2012 report, the ARB acknowledged the deteriorating security
environment, explaining:
Benghazis threat environment had been generally deteriorating since the
gelatina bomb was thrown over the SMC fence on April 6, but was not
judged to have reached a critical point before September 11.15
The ARB also found:
While the June 6 IED at the SMC and the May [International Committee of the
Red Cross] attack were claimed by the same group, none of the remaining
attacks were viewed in Tripoli and Benghazi as linked or having common
perpetrators. This also tempered reactions in Washington. Furthermore, the
Board believes that the longer a post is exposed to continuing high levels of
violence the more it comes to consider security incidents which might
otherwise provoke a reaction as normal, thus raising the threshold for an
incident to cause a reassessment of risk and mission continuation.16
The ARB determined that while State Department personnel were aware of the
security incidents, [t]he Ambassador did not see a direct threat of an attack of this nature and
scale on the U.S. Mission in the overall negative trendline of security incidents from spring to
summer 2012.17
Evidence obtained by the Select Committee corroborated the finding of the ARB that
the Ambassador and his security personnel did not anticipate an attack of the scale and
intensity of the September 11, 2012, attacks. For example, on August 15, 2012just weeks
before the attackssecurity experts on the ground in Benghazi held an Emergency Action
Committee (EAC) meeting at the Special Mission Compound that specifically discussed the
deteriorating security environment and the impact on posts operations.18 No one at that EAC
meeting recommended that State Department personnel depart the facility in Benghazi.
Instead, they agreed to request a series of security improvements designed to mitigate the risk
to personnel working at that facility. Ambassador Stevens approved the cable reporting on the
discussions and decisions of the EAC.19
In addition, the Select Committee received evidence that the IC regularly briefed the
congressional committees of jurisdiction on the U.S. governments counterterrorism posture in
Libya during the Arab Spring, the NATO intervention, and the post-Qadhafi era. During these
briefings, witnesses described bipartisan support for the U.S. mission in Libya.20
FINDINGS
170
DECISION TO RESPOND
Witnesses confirmed that senior CIA officials on the ground in Benghazi immediately
decided to send the Annex security team to the State Department compound, but first sought to
obtain additional support from local police, militia, and government contacts before the team
departed.
Three individuals described the initial discussion between the Chief of Base, Deputy
Chief of Base, and Security Team Leader, during which the Chief of Base immediately agreed
that the security team should assist State Department personnel at the Special Mission
Compound.
One of those individuals explained:
The [Security Team Leader] advised [the Chief of Base] what the situation was
and said: We got to go get those guys. And [the Chief of Base] responded
Absolutely. Absolutely. Not, I got to go call the Chief of Station. Not,
I got to go check with somebody in Washington. All [the Chief of Base]
said was, Absolutely. So I want to make that very clear because I know
theres conflicting accounts about that discussion. There were three people in
that discussion: [the Security Team Leader], [the Deputy Chief of Base], and
[the Chief of Base]. And anybody writing any books or making movies, or
whatever else, I can tell you none of those guys were in the room when that
discussion occurred.21
FINDINGS
171
He continued:
[The Chief of Base] was on the phone because [the Chief of Base] was trying
to contact 17th February leadership to deconflict the possible green-on-blue
[friendly-fire] incident as those guys responded to the assault. Now, they [the
security team members] have this recollection of sitting in the car for some
horrendous length of time. I can tell you, thats not the way I remember that at
all. They were in the car, and they were ready to go. But we all agreed, [the
Security Team Leader], [the Deputy Chief of Base], and [the Chief of Base]
agreed that we were going to do the best we could to deconflict the potential
for an attack against them as they went over there. And thats what was
happening.22
A second individual provided a consistent account to HPSCI in 2013:
At this point [the Annex Security Team Leader], [the Deputy Chief of Base],
and [the Chief of Base], the three of us are standing out in front of the Annex
talking about this. [The Chief of Base is] making multiple phone calls. Some
arent successful, so [the Chief of Base is] calling additional militia-type
contacts. Basically the concern was, hey, there is [redacted] of us, we dont
quite know what we are getting into. The hope was, okay, hey, look, we know
the militias have technicals, which is basically pickup trucks with large caliber
machine guns mounted on the vehicles, so the goal was to get some bigger
guns than what we had and coordinate a movement over to the [Special
Mission Compound].23
That individual explained to the Select Committee that the Security Team Leader made
the request for additional local security support, including heavy weapons on gun trucks:
A:
[The security Team Leader] said: Hey, look, Chief, what we want is
technicals. So what we want is, you know, the trucks with bigger guns
than what we have because I dont know what were going into. So
whether it be Dishka-type weapons or some type of heavy machine gun
mounted on a truck, thats what [the Annex security team] definitely
[wants].
Q:
And thats [the Security Team Leader] making that request to [the Chief
of Base]?
A:
Yeah. So while this is going on, one of ... the guys there are pretty much
just kind of wrapping up, getting, you know, the ammo, and you know,
first aid kits, all that stuff, and then theyre basically standing by loading
in front of [the] building. And one of the officers ... comes out, and he
says: Hey, look, you know, we got to get going. Weve got to go. We
got to go. [The Security Team Leader] said: Yeah, I know that, but I
dont know what were getting into, and the Chiefs trying to make some
phone calls. [The Security Team Leader also said:] I want to get some
FINDINGS
172
So at some point, the [Annex security] folks were kitted up, and what
happened at that point that you can recall? Do you recall seeing them all
kitted up?
A:
I was standing right in the area that they were getting their stuff. It took
them, I would say, about 15 minutes to get ready. It was a veryto me,
the time passed by very quickly.
Q:
Uh-huh.
A:
And people were going to [storage] and getting ammunition and water,
and getting batteries and MPGs and such. At one point, [the Security
Team Leader] came to [the Chief of Base], I would say maybe 15
minutes into it and said that [he] wanted to see if [the Chief of Base]
could arrange a technical, or a gun truck, from 17th February. So [the
Chief of Base] called back to 17th February and was working on getting
that gun truck. So [the Chief of Base] was in contact with [the Security
Team Leader]. ...
Q:
A:
Yes.
Q:
A:
Well, their response was, okay, but I dont have one, or its going to be
difficult. I have got to check. It wasit was not like immediately we
are going to be able tothe person who [the Chief of Base] was talking
to, who was one of their commanders whose name I dont remember.
Q:
And did [the Chief of Base] relay that back to [the Security Team
Leader]?
A:
Yes.
Q:
A:
When it became clear that no local support was readily available, the Annex Security
Team Leader made the decision to depart:
So at some point, you know, whatever, couple of minutes, it becomes kind of
clear that theres nothing readily coming, or thereslike [Chief of Base] isnt
FINDINGS
173
making positive coms [communications] with anybody whos saying, hey, Ive
got you, you know, two, three, four, five technicals, theyre going to meet you
at whatever location. Thats not happening. So [the Security Team Leader
says]: Hey [Chief of Base], look, were going. And to be honest with you, I
dont recall [Chief of Base] saying anything. [Deputy Chief], you know, kind
of looks at [the Security Team Leader], and [hes] like, well, [hes] like, you
know, [Security Team Leader], God speed, hopefully well see you guys back
here shortly. So at that point [they] roll out. I can tell you between, you know,
the time stamp on our CCTV [closed-circuit television], like I said roughly, I
think [the] phone call came at like 21:43 depending on what timestamp you
look at, [they] roll out at like 22:04, so 21, 23, 24 minutes, whatever.26
The Select Committee interviewed all surviving members of the Benghazi-based Annex
security team members. They generally agreed that it was reasonable to try to obtain additional
security support, but some criticized the length of time that passed before the team departed.
One member of the security team had the following exchange:
Q:
And you also spoke about when you were preparing the QRF [Quick
Reaction Force] and you were responding to the request for help from
the EmbassyIm sorry, from the Special Mission Compound. In that
time, when the Chief of Base, you mentioned that the Chief of Base and
the Deputy Chief of Base were on the telephone. And then you
mentioned that therewhat were the reasons that you were saying that
you wanted tothat they may have been wanting to be on the phone in
that moment?
A:
They were trying to gather support to help respond to the attack, as far as
I know.
Q:
And inwhat type of support would that have been, by local militias or
fire power or
A:
Q:
Okay. And what would you consider the benefits of involving locals?
Would you consider there to be benefits involving locals?
A:
Yes.
Q:
A:
Yes.
Q:
And was there ever a sense that there might have been a simultaneous
attack on the Annex? A timeis there
FINDINGS
174
A:
Q:
Was that something that was discussed or possible? Do you think maybe
the Chief of Base was considering that?
A:
Deputy Chief of Base was standing out there. I believe he was on the
phone as well. It was sort of chaotic. Guys were just trying to gather
information. We wanted to leave to go get eyes on the area and, you
know, establish, I guess, a position to be able to be better prepared to
move on to the compound. The earlier we got there, the better wed have
the chance to surprise the enemy.
Q:
During this time, where you said it was kind of chaotic, did [you] have
any direct communications with the Chief of Base?
A:
Q:
A:
I believe at first I just said, okay, maybe hes talking to somebody that
can help, and, you know, I respected the fact that he wanted us to wait
and see if he can gather additional fire power to help. At some point,
though, the wait was too long, and we decided, you know, we couldnt
wait any longer and we left. We didnt know if that wait was going to be
an indefinite wait and youre-not-going wait or a real wait orbut
nothing was happening for several minutes. And so we can hear the
State Departments cries for help on the radio, and we just reached a
point where we decided to leave on our own.28
Various individuals on the ground reported differing recollections about when the first
attack commenced, including one report that it started as early as 9:32 p.m. Benghazi time. The
Select Committee reviewed the video footage from the Annex and State Department compound,
which indicate that the attack on the compound began at 9:42 p.m. and that the Annex security
team departed 21 minutes later at 10:03 p.m.29 Documents provided to the Select Committee
corroborated this timing. This timeline is also consistent with the timeline included in HPSCIs
bipartisan report.
Some security team members told the Select Committee that they believed that had they
left earlier, they could have saved the lives of Ambassador Stevens and Sean Smith. However,
as one of the team members explained, such an immediate response into an unknown situation
against an unknown enemy force likely would have cost more lives:
Q:
FINDINGS
You mentioned, I think, during the last hour, a specific HPSCI report or
a conversation you may have had with one of the HPSCI members, that
175
you believed if you had left earlier, you could have saved the
Ambassador and Sean Smith?
A:
Yes, sir.
Q:
A:
Q:
A:
Yeah, very easy. We get over there, and we dont go guns a blazing over
there. I know people want to assume thats what we do. If we can
intervene, were going to intervene with the best tactical way possible.
The only people that know how to do that is us. You dont have another
force over there like a [Special Forces team] there that could help us with
that. We cant rely on the locals. The biggest thing though is we could
have pulled the fire to us. Now, would we have probably died? Yes,
probably so. Its okay. Its our job.
Q:
A:
We could have been able to intervene and fight AAS and AQIM.
Q:
A:
No. Basically we would have been able to pull the attention from the
attackers to us to allow State Department to do their job, which was save
the Ambassador and get him out of there. Thats perfect. Thats exactly
what were there for. People asked if we were to die, probably. The
Ambassador would still be alive, and so would Sean Smith. Its our job.
And Im okay with that.30
Senior CIA officials unanimously agreed with the on-the-ground, tactical decision made
by the Chief of Base to seek additional local support. The Tripoli-based Chief of Station, who
was the senior intelligence official in Libya, explained:
Q:
To the extent that the Chief of Base was trying to obtain militia support
for the [Annex security] team, would you say that was reasonable of him
to do so?
A:
In his interview with the Select Committee, CIA Deputy Director Michael Morell made
the same point in the following exchange:
Q:
FINDINGS
In your recent book, The Great War of Our Time, as in your testimony
before HPSCI, youve explained that the slight delay, which you note in
your book was five to eight minutes was justified, and exactly the right
176
decision by the Chief of Base who had to ensure that he was not
sending his officers needlessly to their deaths. The Chief of Base has
understandably not spoken publicly in light of the book and upcoming
movie. Do you want add anything further to what you just said in terms
of the decisions made by the Chief of Base.
A:
General Petraeus, then-Director of the CIA and former commander of U.S. forces in Iraq
and Afghanistan, explained to the Select Committee that he considered checking with local
forces for additional support to be a reasonable precaution. He had the following exchange:
Q:
And the decision by the Chief of Base to try to get the support of the
17th February militia or at least notat least make sure, to the degree
they can, that theyre not charging into an ambush, you would agree that
was a prudent decision to make?
A:
Yes. Yeah. No, I think this is a very reasonable precaution to take, but
of course, if it drags on and theres no clear sense that this is going to
come to completion, then understandably the Quick Reaction force feels
responsibility for the security of fellow Americans, even though theyre
on another facility, starts to grow and grow and grow.33
Do you think that the mounting of that response time, that response team
effort was done in a reasonable timeframe?
A:
I do. And, again, let me just highlight that in the wake of that, I talked to
the [Annex security team] members; some back when they came back
through here others when I went out to Tripoli. And I was in Tripoli
having been out there before. At that time, I also talked to the chief of
station, the chief of base, to the [DOD servicemen] who had been part of
the Tripoli Quick Reaction Force that seven- or eight-man team that
went with translators, operators, medics, and so forth to Benghazi on the
contracted aircraft.
Really, about anybody that I had could illuminate what took place. And
my understanding was there were not words to stand down. Certainly
nothing came back to the United States or even, I suspect, to Tripoli.
This was a local dynamic where the team miraculously is ready within
16 or so roughly minutes. Again, theres different accounts, you know,
if you want to parse the minutes.
And then they do wait for some, again, 6 to 8 minutes, depending on
whose account you have, while the chief of base tries to get them some
support from the militia that have these big anti-defense guns on the
FINDINGS
177
back, in some cases, at the very least heavy machine guns, through
whose checkpoint they were going to have to move if they went by road.
And, of course, they did have to go by road, but then some others also
went essentially sort of cross country through other compounds.
And I think that was reasonable. At least some of the accounts said that
the Quick Reaction Force, you know, wanted to get that support as well
if it could be gotten in an expeditious manner. But when he realized that
it wasnt going to materialize after waiting for 6 or 7 minutes, he said:
We need to get on with this.
So they were out of the gate within, again, 22, 23, whatever minutes.
Thats really pretty remarkable and speaks very, very highly, I think, of
the sheer professional expertise of these guys, the readiness for this kind
of mission, and, frankly, just the sheer determination and spirit to go to
the rescue of fellow Americans.34
One individual on the ground that night told the Select Committee that he considered the
Chief of Base to be the most qualified and appropriate individual to make the decision about
when to leave, stating:
Im telling you, he [the Chief of Base] was the most experienced operator on
that base when it came to judging operational decision-making. And those
guys were looking at the world through a tactical straw. And, you know,
again, I have the utmost respect for their capabilities, their heroism, what they
did that night. Im alive today because of their efforts, and I never forget that
for a minute. But what they are writing about in that book about what
happened is just not accurate. They dont understand the total situation. And
without the context of what we were doing there, it is impossible to get an
accurate picture of what was happening.35
The Chief of Base told the Select Committee:
I personally think that everybody in Benghazi, during the attacks, did their
duty to the best of their ability and made good decisions. Theres no doubt that
the six [Annex security team members] are heroes. But in my mind, the team
lead who led them is as much a hero. I dont think hes considered to be one of
the six.36
None of the security team members told HPSCI that the Chief of Base or anyone else told
them to stand down. The Select Committee interviewed all of the members of the security
team, and only one reported that the Chief of Base directed him to stand down, using those
exact words. The Chief of Base denied using the term stand down, but explained that he told
the security team to wait while he tried to obtain additional help from local security forces.
The one individual who said he had been told to stand down described this exchange to
the Select Committee as follows:
FINDINGS
178
Were probably sitting there a good 15 minutes, and I get out of the car. I have
the Chief of Base, the Deputy Chief of Base, and [the Security Team Leader]
on the front porch. Theyre all three on the phone doing something. And I just
say: Hey, you know, weve got to get over there. Were losing the initiative.
[The Chief of Base] looks at me, he says: Stand down, you need to wait. You
need to come up with a plan.37
In his previous appearance before HPSCI in 2013, this same individual did not mention
the words stand down coming from the Chief of Base. Instead, he had the following exchange
with Members of HPSCI, when he testified alongside the Security Team Leader:
Q:
Let me ask you, you made this point, I think, specifically a couple of
times. Obviously heat of battle, theres nothing that happens that
probably cant be regarded as happening better in hindsight. Based on
your experience, did you observe any tactical deployment or any other
sorts of decisions made by the leadership on the ground or remote
leadership that were made that night that you could characterize as bad
decisions?
A:
No.
Q:
Q:
A:
No.38
Before the Select Committee, this witness was asked why he did not tell HPSCI two
years earlier that he was told to stand down:
Q:
So, I mean, Ive got to ask. I was looking at your transcriptyou looked
at it. I was looking at your transcript from when you testified back in
2013, and you were relatively silent on this particular topic. Is there a
particular reason that you did not share this at that time?
A:
At the time, because a lot of it was that noI mean, I didnt know why
the stand down order was given. I mean, I guess [Redacted] got told to
wait, you know, thats what he says. I just know when we got told to
stand down and when [the Security Team Leader] kind of gave the brief
FINDINGS
179
Right. You said when [the Security Team Leader] gave the brief, it was
understandable. What are you talking about?
A:
When he was saying, well, they were trying to get on the phone, they
were trying to get local militias. And hes like, if there was a stand down
or a wait, you know, it was just because we were trying to get it to where
we would link up. We wouldnt have
Q:
A:
A second security team member told the Select Committee that he did not hear the words
stand down directly, but was told about them by the other security team member on the night
of the attacks while they were waiting. This second team member also did not share this
conversation with HPSCI when he was previously interviewed, explaining that he was not asked
about it. That individual described to both HPSCI and the Select Committee that he personally
had been told to wait.40
A third security team member stated: I dont recall hearing stand down. I do recall
hearing wait.41
The fourth security team member did not recall having any communications with the
Chief of Base, Deputy Chief of Base or Team Leader.42
When asked about the allegation that he ordered members of the Annex security team to
stand down, the Chief of Base told the Select Committee that he never said those words:
I never said stand down. Stand down to me means that youre not going to
go, and I was workingand I didnt say stand down. And I was working
very closely with [the Security Team Leader] to try to get them out the door.43
He emphasized that point several times:
[T]here was never any stand down order. I guess Im repeating myself. There
was never any stand down order, nor any effort other than to provide the team
what they needed to accomplish the mission to go down and save our
colleagues at the State Department compound.44
Instead, the Chief of Base stated:
FINDINGS
180
I may have said wait because we were trying to get this technical truck that
[the Security Team Leader] wanted. But it wasnt 10 minutes, or 5 minutes. It
was a short period of time. ... There was nobody, I or anybody else in
Benghazi, that did anything to hold up the security contractors from deploying.
[The Security Team Leader] was always cleared to go.45
Deputy Director Morell explained that when he and Director Petraeus first learned of this
allegation, the CIA investigated it and determined that no stand down order had been given:
I dont think this is something that came out before, but when this first became
an issue, right, when the first allegations were made that there was a stand
down order to CIA officers by the Chief of Base or by somebody, right, not to
go to the aid of their State Department officers, Director Petraeus and I took it
very seriously, and we did a whole bunch of things.
I personally spoke to our Director of Security who had spoken to all of her
security officers, and she told us, she told Director Petraeus and I that there
was no stand down order. I personally asked our Director of Support to talk to
the Chief of Security, and I asked one of the senior members of the operational
side of the agency to talk to the Chief of Base, and they reported back to me
essentially the same story, no stand down order. Director Petraeus, in the
aftermath of Benghazi, took a trip to Libya, to Tripoli, where he met with the
folks who were still there and had a conversation about this and came back and
said, as far as my conversations went, no stand down order. So I just wanted to
add that to all the evidence thats out there suggesting that there was not.46
Its been in news reports that ships have been leaving from
Libya and that they may have weapons. And what I would like
to know is the annex that was close by, were they involved with
procuring, buying, selling, obtaining weapons, and were any of
these weapons being transferred to other countries? Any
countries, Turkey included?
Sec. Clinton: Well, Senator, you will have to direct, direct that question to the
agency that ran the annex. I will see what information is
available and
Sen. Paul:
FINDINGS
FINDINGS
182
eyewitness testimony and thousands of pages of CIA cables and emails that the
Committee reviewed provide no support for this allegation.
Committee Members and staff asked all witnesses what they observed at the
Benghazi Annex and whether they had any information to support allegations
about weapons being collected and transported to Syria. Each witness reported
seeing only standard CIA security weapons at the base. No witness testified
that non-CIA weapons were brought to the Annex. Security personnel and
officers testified that they had complete access to the Annex and would have
observed any weapons, such as MANPADs, stored at the facility. Security
personnel and officers also testified that nobody told them to hide or withhold
any information from the Committee. This record is consistent throughout
the Committee interviews by Members and staff.
According to testimony from CIA Deputy Director Morell and confirmed by
other witnesses, the CIAs mission in Benghazi was to collect foreign
intelligence. From the Annex in Benghazi, the CIA was collecting intelligence
about foreign entities that were themselves collecting weapons in Libya and
facilitating their passage to Syria. The Benghazi Annex was not itself
collecting weapons. The Committee has not seen any credible information to
dispute these facts.52
As the House Committee authorized to oversee all CIA activity in Libya, HPSCI
receivedbefore and after the attacksextensive briefings and documentation on the CIAs
actions in Libya, which further bolstered its findings on this point. Three Members who
participated in HPSCIs investigation and had access to all of the information provided to HPSCI
also serve as Members of the Select Committee.
None of the witnesses or documents before the Select Committee provided evidence to
contradict the HPSCI finding that [t]he CIA was not collecting and shipping arms from Libya to
Syria.53
Select Committee Chairman Trey Gowdy confirmed in a January 13, 2016, Boston
Herald radio interview that theres no evidence that the CIA was shipping arms to Syria:
Q:
So many people wonder, and maybe you can answer this question for us,
was there another reason that Ambassador Stevens was there, the true
reason why he was there, was there gunrunning he was involved in? Is
there some sort of backstory that would justify why he would put himself
in a very dangerous area knowing it was insecure.
A:
FINDINGS
183
he was doing it, and arms to Syria. You cant disprove a negative. I can
just say that theres no evidence to support that.54
According to testimony from CIA Director David Petraeus, Deputy Director Michael
Morell, and other witnesses on the ground, the CIAs primary mission in Benghazi was to collect
foreign intelligence.55 The Chief of Base confirmed the finding of HPSCIs report that part of
this mission included collecting intelligence about foreign entities that were themselves
collecting weapons in Libya and facilitating their passage to Syria.56 The Chief of Base also
confirmed that the base in Benghazi was not involved in shipping weapons from Libya to
Syria.57
The Select Committee confirmed that the State Department had a publicly acknowledged
program to collect and destroy MANPADS [man-portable air-defense systems] in Libya. That
program, however, was designed to destroy the MANPADS when they were collected, not to
redistribute them to others. Many witnesses explained the risk that these shoulder-launched
surface-to-air missiles pose to civil aviation and the importance of securing and destroying them.
A September 12, 2012, Executive Update and Situation Report stating that the
presence of armed assailants from the incidents outset suggests this was an
intentional assault and not the escalation of a peaceful protest.58
FINDINGS
184
Although the full situation report remains classified, it included the following nowunclassified sentence: The presence of armed assailants from the incidents outset suggests this
was an intentional assault and not the escalation of a peaceful protest.61
Evidence obtained by the Select Committee indicates that the CIA did not consider this
conclusion to be supported by the evidence at the time, and it was removed from subsequent
intelligence products that were disseminated the next day.
In explaining the origin of this sentence, Deputy Director Morell stated in 2015:
It was written by a senior CIA editor with expertise in military matters but no
expertise in Libya or what had just happened in Benghazi. This editor added
the sentence because she thought the early-morning update on the twelfth [of
September] needed a bottom line. She never showed the sentence to the
analysts; had she done so, they would have removed it. When the analysts
came in the next morning, they complained vehemently about the edit.62
HPSCI investigated this matter and found: This assessment lacked source information
or any formal intelligence reporting to support it. For those reasons, it was not included in any
subsequent products. But it proved to be accurate.63
The Select Committee interviewed the senior editor from the Office of the Director of
National Intelligence (ODNI) who inserted this sentence and the two senior CIA managers who
supervised the analysts who prepared the original draft of the document. These interviews
corroborated Mr. Morells previous account. All of the witnesses agreed that this sentence was
inserted by the senior ODNI editor after CIA analysts submitted their draft, but prior to the
update being disseminated. According to the CIA managers, the analysts disagreed with the
sentence because they had not received evidence to support the finding. The Director of the
CIAs Office of Terrorism Analysis (OTA) explained:
A:
That final DNI check in that process at the time wanted to insert
information that is this particular line, about the presence of armed
assailants from the outset suggest it was an intentional assault and not the
escalation of a peaceful protest. The analysts argued that they did not
think that was something that they had enough information to actually
make that assertion.
Q:
A:
The analysts had a discussion with that officer, with that DNI officer.
Q:
A:
Yes.
Q:
A:
Yes.
FINDINGS
185
Q:
A:
In realtime.
Q:
Okay. Great.
A:
It is my understanding that they left, not having seen the final version of
the executive update, and this DNI officer went ahead and inserted the
language. The next morning, I received a phone call when I came in, so
it was about 7:30, 8:00 in the morning. And one of the first phone calls I
got was from the management of the team. ... Called me to complain to
say that there was information that had been inserted into the executive
update that the analyst ... that was not agreed to.
Q:
Okay.
A:
The senior editor from ODNI acknowledged that she disagreed with the CIA analysts and
overruled them based on her personal military experience and judgment rather than any
additional evidence:
Q:
And so on this particular occasion, the analyst, at least one or two of the
analysts, held a different view than you did, right?
A:
Correct.
Q:
I think you mentioned that you decided to keep that sentence in based on
you had quite a bit of experience in the military as an intelligence
analyst, and that was much of the reason you decided to put that sentence
in. Is that right?
A:
Correct.
Q:
And possibly the CIA analyst may not have had that experience to draw
upon?
A:
Correct.
Q:
A:
FINDINGS
186
The senior ODNI editor explained that politics played no part in her assessment or the
assessments of the CIA analysts:
Q:
I would just like to ask you if you have any reason to believe that the
analysts from the CIA or the Defense Intelligence Agency or the NCTC
made these assessments for any reason other than assessing what
information they actually had at that time?
A:
What other reason would there be. No. No. I mean, analysts dont do
that. There is no political agenda when you are analyzing intelligence.
Q:
And you dont have any reason to believe that it was different here, that
unlike usually what analysts do throughout the community that everyone
broke from that tradition and allowed politics to influence their
assessment of what happened in Benghazi?
A:
I absolutely do not believe that, especially given the quality and caliber
of the analysts that were working on this problem set. Were very
professional. And that would be an aberration of, I mean, for no reason,
it would be out of character for any of these people that are producing
this product.66
We assess the attacks on Tuesday against the U.S. Consulate in Benghazi began
spontaneously.
[T]he attacks began spontaneously following the protests at the U.S. embassy in
Cairo.
This assessment did not include the conclusion from the September 12, 2012, Executive
Update that [t]he presence of armed assailants from the incidents outset suggests this was an
intentional assault and not the escalation of a peaceful protest because the CIA determined that
there was no evidence at the time to support the senior ODNI editors conclusion. As the
Director of the Office of Terrorism Analysis (OTA) explained:
And that is why when the first piece that was, again, then fully IC coordinated
that ran on the 13th [of September], this information [from the 12th] was no
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longer in it. Because when you go back to the idea now of a fully IC
coordinated piece, none of the analysts believe that we had information that we
could support this information.70
The Select Committee reviewed documents and interviewed key witnesses who
participated in the editing and approval of intelligence related to the Benghazi attacks. The
Director of OTA explained the process CIA analysts used:
[I]n any fast-breaking event, like the attacks in Benghazi, analysts attempt to
strike a balance of providing our best understanding of the events, and waiting
for additional reporting to come in to bring the picture into sharper focus. We
make every effort to let people know our confidence in our judgments and to
weigh new information as it comes in and to avoid becoming wedded to a line
of analysis. This is the trade craft that we teach our analysts, and I believe,
personally, that we applied this trade craft to our analysis surrounding
Benghazi.71
The Director of OTA explained that the analysts responsible for producing intelligence
on the attacks in Benghazi initially assessed there was a protest in Benghazi:
I think that the concept that, in their mind, they believe there had been a
protest. They believed that that protest turned into an assault on the
compound. Whether that was that the protest took place as a cover for an
assault, whether the protest was something that individuals were
opportunistically taking advantage of in the past, they just didnt know.72
CIA Deputy Director Morell also described the views of the analysts to the Select
Committee:
What they really believed is that there was a protest, right, and that the
attackers took advantage of the protest, right, to get close to the facility but that
the attackers were not the protestors. The protestors didnt become the
attackers. The attackers showed up, took advantage [of] the protest. Thats
what they really believed.73
The Director of OTA explained that at the time there was no other contrary information
available to the analysts who worked within that office:
A:
Q:
A:
Well, and thats just it. So we wouldve had to have discarded the
information we had that said there was a protest, and we had no reason to
do that either.
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Q:
A:
The Select Committee reviewed finished intelligence products disseminated in the days
following the attacks and the CIAs internal Analytic Line Review produced in January 2013.
While the full content of those intelligence products remains classified, the finished intelligence
incorporated multiple initial open source and intelligence reports of a protest preceding the
attacks in Benghazi.
Date
9/11-9/12/12
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9/13/12
9/14/12
9/15/12
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(14) NSA: The first attack against the consulate likely resulted from
the chaos engendered by protests. According to a video prepared by a
Libyan group, Ansar al-Sharia, that was released on 12 September, the
group participated in the protest at the consulate but not as an
independent entity. It called the event a spontaneous and popular uprising
in response to Western actions.88
In its bipartisan 2014 report, HPSCI found: In total, analysts received 21 reports that a
protest occurred in Benghazifourteen from the Open Source Center, one from CIA, two from
DoD, and four from NSA.89 Similarly, in its 2014 report, SSCI noted:
A dearth of clear and definitive HUMINT [human intelligence] or eyewitness
reporting led IC analysts to rely on open press reports and limited SIGINT
reporting that incorrectly attributed the origins of the Benghazi attacks to
protests, over first-hand accounts from U.S. officials on the ground. CIAs
January 4, 2013, Analytic Line Review found that [a]pproximately a dozen
reports that included press accounts, public statements by AAS members,
HUMINT reporting, DOD reporting, and signals intelligence all stated or
strongly suggested that a protest occurred outside of the Mission facility just
prior to the attacks.
Of the 11 reports cited by the CIAs Analytic Line Review, six were press
articles, two were the public statements of Ansar al-Sharia, and the three others
were intelligence reports. Specific open source reports and intelligence on
which analysts appear to have based their judgments include the public
statements by Ansar al-Sharia that the attacks were a spontaneous and popular
uprising. Also, there was protest activity in Egypt and approximately 40
other cities around the world and violent attacks against U.S. diplomatic
facilities in Tunisia, Yemen, and Egypt from September 11-20, 2012. In
addition, there were intelligence reports in the days following the Benghazi
attacks that al-Qaida-associated terrorists hoped to take advantage of global
protests for further attacks.90
In his April 2014 appearance before HPSCI, CIA Deputy Director Morell stated:
[T]he analysts had an evidentiary basis to make the judgment that there was a
protest ongoing at the time of the attack. All together, there were roughly a
dozen or so reports indicating that this was the case.91
He further stated:
[Those reports] included press accountsincluding public statements by the
Libyan Government and by extremists. And they included intelligence reports
from CIA, the National Security Agency, and the Department of Defense
including a report from CIAs Station in Tripoli that arrived at CIA HQS on 13
September.92
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Appearing before the Select Committee, Deputy Director Morell confirmed his prior
testimony and explained that it was reasonable for analysts to conclude that there was a protest:
A:
Q:
And given what you just said, and it was in your written statement as
well, so this is not the first time youve said it, that there were 12,
according to your tally, reports of a protest, zero reports of no protest.
What would the justification have been for the analysts to ignore that
body of data points?
A:
So this is a great question. Right. If you read the analytic line review
that the analysts did, I think they were actually too hard on themselves.
My view is that, yes, they got the protest judgment wrong, but they got it
wrong for the right reason. What do I mean by that? They had enough
sources telling them that there was a protest. They had nothing to
contradict that. It was not an unreasonable judgment for them to have
made at the time. Thats point number one. And they certainly didnt
make it for the wrong reason, right, the wrong reason being because they
were trying to play to the White House or play to the State Department
or play to whomever. They made it because they thought it was the right
judgment to make.93
Immediately following the attacks, news outlets reported that eyewitnesses on the ground
in Benghazi and Libyan government officials attributed the attacks to protests over the amateur
anti-Muslim film, the Innocence of Muslims.
For example, on September 11, 2012, Al Jazeera broadcasted at approximately 11:30
p.m. in Libya, news of the attack and an interview with Libyan Interior Ministry official Wanis
al-Sharef, speaking from Benghazi. Al Sharef stated:
A few hours ago, supporters of Ansar al-Shariah, an armed group with a
certain view and outlook, were joined by other groups in the protest against the
film, which was posted on the Internet and produced by the pastor Jones, who
burnt a copy of the Koran in the past.94
Also on September 11, 2012, Reuters reported that Abdel-Monen Al-Hurr, a spokesman
for Libyas nominal security apparatus, the Supreme Security Committee, stated:
Gunmen attacked U.S. consulate offices in Libyas eastern city of Benghazi on
Tuesday, and fought with security forces in protest against a U.S. film they say
is blasphemous, a security official said. There is a connection between this
attack and the protests that have been happening in Cairo, Hurr said.95
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The next day, Reuters quoted an individual who said he was a demonstrator, local
journalists, and a February 17 commander:
Some of those who took part in the initial demonstration in Benghazi insisted it
was a spontaneous, unplanned public protest which had begun relatively
peacefully. Anger over the film also saw an unruly protest at the U.S. embassy
across the Egyptian border in Cairo on Tuesday evening, with protesters
scaling the walls.
Local journalists also saw an eclectic gathering of people infuriated by
religious sentiment but few of them bearing arms and most not appearing
affiliated with hardline Islamist groups.
When we had heard that there was a film that was insulting to the Prophet,
we, as members of the public, and not as militia brigades, we came to the
consulate here to protest and hold a small demonstration, said a 17-year-old
student named Hamam, who spoke to Reuters at the devastated compound on
Wednesday.
By his account, while some demonstrators fired rifles in the aira far from
uncommon sight in postwar Libyaa rumor spread that a protester had been
wounded by firing from inside the consulate and Hamam and many others
went off to retrieve guns which, like many Libyans, they keep at home for
security.
So we started shooting at them, Hamam said. And then some other people
also threw homemade bombs over the fences and started fires in the buildings.
There was some Libyan security for the embassy, but when the bombs went off
they ran off.
[Abdel-Salam al-] Bargathi, of the [February 17th Brigade] police command,
said the killings had taken the protest too far, but said: What we saw was a
very natural reaction to the insult to the Prophet. We condemn the deaths but
the insult to the Prophet made people very angry.96
Similarly, CBS News reported on September 12, 2012, that Libyan Interior Ministry
official Wanis al-Sharef had reported that the attack was in response to the anti-Muslim film:
Wanis al-Sharef, a Libyan Interior Ministry official in Benghazi, said the four
Americans were killed when the angry mob, which gathered to protest a U.S.made film that ridicules Islams Prophet Muhammad, fired guns and burned
down the U.S. consulate in Benghazi.97
On September 12, 2012, the New York Times reported that it had interviewed fighters
involved in the attacks during the battle:
Fighters involved in the assault, which was spearheaded by an Islamist brigade
formed during last years uprising against Col. Muammar el-Qaddafi, said in
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interviews during the battle that they were moved to attack the mission by
anger over a 14-minute, American-made video that depicted the Prophet
Muhammad, Islams founder, as a villainous, homosexual and child-molesting
buffoon. Their attack followed by just a few hours the storming of the
compound surrounding the United States Embassy in Cairo by an unarmed
mob protesting the same video. On Wednesday, new crowds of protesters
gathered outside the United States Embassies in Tunis and Cairo. ...
Interviewed at the scene on Tuesday night, many attackers and those who
backed them said they were determined to defend their faith from the videos
insults.98
The Washington Post also reported on September 12, 2012:
Libyan officials and a witness said the attackers took advantage of a protest
over the film to launch their assault. Libyan Deputy Interior Minister Wanis
al-Sharif said the security force was outgunned by the attackers, who joined a
demonstration of hundreds of people outside the consulate. He said the
original demonstration, which began as early as noon and escalated during the
evening, was apparently called to protest the offensive film. Sharif said armed
men infiltrated the protest, but that the Libyan government did not believe
they were Islamist militants. Instead, he said, authorities suspect they were
loyalists of slain former strongman Moammar Gaddafi who were out to upend
the countrys fragile political situation.99
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The senior CIA analyst working on the Benghazi assessment explained why the analysts
did not change their assessment based on this new report:
There was a report that came in on September 14th. This one I remember
because we talked about it a lot. And it was basically the [Annex security
team] saying that when they got to the TMF [Temporary Mission Facility]
roughly 45 to 50 minutes after we know the attack had begun, that there were
no protesters. But then, if you read the [redacted], which to us sounded like it
could be the remnants of a protest. So we took all of this stuff up the chain.105
Select Committee interviews corroborated Deputy Director Morells view that analysts
kept an open mind regarding the Chief of Stations reporting and were willing to consider
contrary information.106
For example, a senior officer at CIA headquarters explained that he encouraged the Chief
of Station to send his views to the analysts:
[A]t some point, Chief of Station Tripoli reaches out to me, and I think they are
talking about things, and he goes, you know, I was talking to an analystthe
same one I was talking toand they are kind of going with this protest, you
know, kind of out-of-control scenario. And I said, yeah, thats kind of what
Im seeing. And he said, well, we dont see that out here. And he said, we
think that was an attack. It was not a protest. It was just an attack that had
been organizedit was an organized attack the way he phrased it. And I said,
oh, I said, well, sort telling him what I just told you, you know, and how it
worked we, you know, some better information, send it in. I said, no one is
going to the mat on this. You know, the analysts arent saying, no, no, it has to
be. You know, they are willing to evolve.107
The Chief of Station told the Select Committee that he felt that his views were taken
seriously as part of the standard CIA analytical process:
Q:
A:
Q:
Did you see anything in this process of going up and out and all of this
that seemed unusual to you, or was this the process that you were used to
in the give and take of field to headquarters on intel assessments?
A:
Yeah, that was very consistent with the process. It was very similar to
the Arab Spring. If you get some information, you'd pass it in, and you'd
make sure that anyone following that issue would have ability to
comment on it or add that into their analysis.
Q:
A:
No.
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Q:
Its kind of what you expected to see what you sent it in?
A:
Yes.108
For nearly two weeks after the attacks, the Intelligence Community continued to assess
that a protest occurred prior to the attacks in Benghazi, similar to the protests they were
observing in more than a dozen other cities in the region. For instance, on September 17, 2012
the day after Ambassador Susan Rices appearance on the Sunday talk showsthe DIA
reported: The initial attack on the U.S. consulate stemmed from a rapidly forming crowd of
protestors, who were initially nonviolent.109 It also reported:
The widespread availability of arms from the former regime, deficiencies in
local security forces, and a rapidly deteriorating operational environment
allowed terrorists an opportunity to escalate the 11 September demonstration at
the U.S. Consulate in Benghazi.110
Our assessment of the circumstances surrounding last weeks attack against U.S.
facilities in Benghazi and the motivations for the operation have gradually evolved
from what we first conveyed.
Our most credible information indicates that there was not a protest ongoing at the
time of the attack as first reported.
The timing of the attacks still appears to have been influenced by the events in
Cairo.
[T]he lethality and efficacy of the operation are not necessarily indications of
extensive planning. We judge the attackers could have quickly organized the
operation based on the skill and experience acquired during the uprising against the
Qadhafi regime and from extremist training.111
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Q:
A:
Well, not just that but also the reports of the interviews. The State
Department folks got sequestered in Germany, I think, where they were
interviewed, and we didnt get that information for quite some time. I
dont remember when it came over the wall, if you will. But thats
another one.
Q:
Which is why someone might say: We dont know yet. We dont know
whether it was a protest. We dont know whether it was spontaneous or
preplanned. And my point is thats not what was said.
A:
Well, first of all, the analysts, again, the head analyst, this is a general
officer equivalent, the head of the Office of Terrorism Analysis in the
Counterterrorism Center, sifted through all this. We went through it with
her too, because over time this is becoming a bigyou know, whats the
basis? And there is, as I said, 12 separate reports indicated a protest prior
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And, again, just to clarify, the definitive, the real time at which they
could clearly see and change that assessment was when the Agency had
the opportunity to review the video from the
A:
Yes. I dont know the exact, right, what I know is that on the 18th the
[Libyan government] came to us and say: Hey, we watched the video,
we didnt see a protest. Right? That kicked it off.117
A senior CIA analyst described to the Select Committee that her analysis began to change
following reporting around September 18 describing the surveillance (CCTV) video from the
State Department compound:
Q:
A:
Q:
A:
Oh, it made a big difference. But there was a lot of rumor swirling
around. So ityeah, I mean, that did it for us. Well, the Libyans had
seen it. At first, they had the CCTV footage, and from what I understand
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from Station, they couldnt get it to work for a while or they had some
technical problems. And then the Libyans put out a report, that was also
corroborated by folks from Station who actually had seen the video, that
showed no protests. We werent 100 percent sure at first because we
hadnt seen the video and we didnt know where the cameras were and
that kind of thing. But we were already working on our piece, which
went in the WIRe on the 24th, to basically come up with the new
judgment or disseminate the new judgment that, in fact, there were no
protests, and then to add in what we now knew about in terms of
culpability, preplanning, and that kind of thing.118
The Director of OTA explained why it took four days to change the assessment and
publish it:
So some have asked why on the 18th, when we first received the [Libyan
governments] analysis of the CCTV video, there was a questionthere was
some question why it took from the 18th until the 22nd until something was
published. And I think this is an incredibly illustrative example of the process
that takes place.
So the analyst received the information that there is the [Libyan governments]
analysis of the video. We dont actually have the video to see it ourselves.
The analysts start saying, you know, okay, we really have to go back and
rethink whether or not there were protests or not. This isvery clearly,
something has changed here.119
The Director of OTA continued:
So we now take the pen and start working with them. The analysts write the
piece. They send it out for coordination. I think its now the 19th or so. They
send it out for coordination. There were elements within the rest of the IC that
didnt want to coordinate and didntbecause they had not seen the video. So
theyre trying to tell us, no, were not going to coordinate on saying there were
no protests because we want to see the video. There were even, like I said,
some who doubted whether or not was that video authentic, what the [Libyan
government] was saying, whether the camera was only pointed in one
direction. Might there be something else. I mean, so we had this whole debate
still about this. That goes on for a while.
The piece gets finally drafted. It goes to the team chief. It goes to the group
chief. It comes to me. I sent it back for revision because I felt that it was not
organized in a way that actually really hit hard the changes in our view. And
that piece, as you know, and eventually was published, was structured in here
is what we think about the motivation, here is what we think about the timing.
And I had sent it back saying, no, it needs to be structured this way.
So they had to do a rewrite. And then it finally then gets published for the first
time to one of our senior policymakers on the 22nd. It doesnt appear in the
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WIRe until the 24th because the WIRe is not published on Sundays. So it
finally gets tobut, again, you can see even in something like that, the
multiple iterations that go through in trying to get it right and dealing with IC
coordination and how that can add to the process.120
After reviewing the surveillance video footage from the Special Mission Compound,
Director Petraeus explained to the Select Committee that he still was unable to determine
definitively whether a protest preceded the attacks in Benghazi:
And to be perfectly candid with you, Im still not absolutely certain what
absolutely took place, whether it was a mix of people that are demonstrating
with attackers in there, whether this is an organized demonstration to launch an
attack, whetherbecause youll recall, theres a lot of SIGINT that we
uncovered that very clearly seemed to indicate that there was a protest and it
grew out of the protest.121
He also explained:
And there is a video of what took place. And they are just basically milling
around out there. So if this is an attack, you know, maybe they rehearsed it to
look like a protest, but maybe it was actually a mix. And so, again, Im still
not completely set in my own mind of whatand to be candid with you, I am
not sure that the amount of scrutiny spent on this has been in the least bit worth
it.122
In January of 2013, the CIA conducted an internal examination of its post-Benghazi
analytic process and concluded:
A key lesson learned from this review is that we failed to initially challenge the
judgment that a protest was underway in part because our views were
influenced by protests that week in at least 18 citiesincluding Cairo,
Khartoum, and Tunisthat were provoked by an anti-Islamic video. This led
us to put greater weight on the available intelligence that supported the
occurrence of a protest in Benghazi.123
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Q:
Well, and you get that first report and then you get the 11 or so others
that follow, and the sum conclusion of your analyst is that it began as a
protest.
That was the initial take.
A:
Correct.
Q:
A:
Yeah.
Q:
The point I want to underscore, though, is that initial best estimate that
turned out to be wrong, that was the view of the analyst based on their
professional experience. Is that right?
A:
Q:
But you havent seen any indication that the analyst came up with this
conclusion because they were following a White House dictated
narrative of some kind?
A:
Q:
And you havent seen any evidence that there was some politicization of
the intelligence within your Agency?
A:
No. You know, the head of OTA and the CTC doesnt talk to the White
House directly or take calls or take rudder or guidance or something
else.124
CIA Deputy Director Michael Morell adamantly rejected that politics played any role in
the production of intelligence on Benghazi. He stated:
I think one of the strongest points here is that I know analysts better than I
think I know my own kids. And if the analysts had believed that what they had
written was somehow being turned for political reasons, or if the analysts had
believed that I was somehow editing the talking points for political reasons,
they would have gone crazy.
... But analysts take very, very, very seriously their responsibility to speak truth
to power, their responsibility to tell it like it is, their responsibility to not let
their views on policy or their views on politics interfere in any way with what
theyre writing, and they are the first to speak out if they believe thats
happening; and they did not say a word in this case, because they dont believe
that happened in this case.125
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The Director of OTA who oversaw the analysts who wrote the intelligence assessments
confirmed:
Now, I had the honor of leading our terrorism analysis efforts, and I can assure
you that to a person, our analysts are motivated by the mission of keeping
Americans safe.126
The Chief of Station also told the Select Committee that he did not believe politics played
a role in the ICs assessments of what happened in Benghazi:
Q:
And, you know, within this finding there certainly have been allegations
along the way that have been made that politics and a desire to portray a,
particular narrative for political reasons influenced how the Intelligence
Committee assessed how the attack in Benghazi unfolded. Did you see
any evidence that there had been improper political influence in the
intelligence, in the Agencys efforts to collect intelligence in the
immediate aftermath of the attacks and analyze and come to conclusions
about how the protests unfolded?
A:
In addition, at the request of the Ranking Member of HPSCI, on September 15, 2012, the
CIA submitted unclassified talking points for Members to use in media and public statements.
The talking points were drafted and edited within the CIA and went through an interagency
review process. The talking points were also used by U.S. Ambassador to the United Nations
Susan Rice in her appearances on several television talk shows on Sunday, September 16, 2012.
The final, unclassified version of the CIA talking points, as provided to HPSCI on
September 15, 2012, read as follows:
The currently available information suggests that the demonstrations in
Benghazi were spontaneously inspired by the protests at the US Embassy in
Cairo and evolved into a direct assault against the US diplomatic post in
Benghazi and subsequently its annex. There are indications that extremists
participated in the violent demonstrations.
This assessment may change as additional information is collected and
analyzed as currently available information continues to be evaluated.
The investigation is ongoing and the US Government is working with
Libyan authorities to bring to justice those responsible for the deaths of US
citizens.128
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been requested by Congress for public usethese officers did not involve the
substantive experts in their discussion, as they should have done.133
With regard to the specific changes made to the talking points by these public and
congressional affairs officers, whom the Select Committee never sought to interview, Deputy
Director Morell told Congress in 2014 that they were in no way responding to political
pressure. He added:
[T]he group of CIA public affairs and congressional affairs officers deleted the
phrase with ties to al-Qaida. The officers who made this change say that
they were focused on several considerations in doing so, namely ensuring that
the talking points contained no information that could compromise sources and
methods, that nothing was said that could compromise the FBI investigation by
prematurely attributing responsibility for the attacks to any one person or
group, and finally, that the information pointing to any particular group was
limited.134
None of the witnesses who appeared before the Select Committee identified any evidence
that politics played any role in the development of the talking points. In addition, none of the
witnesses had any evidence that Deputy Director Morell had provided false or misleading
testimony to Congress when he said the CIA faithfully performed our duties in accordance with
the highest standards of objectivity and nonpartisanship.135
Deputy Director Morell again addressed these allegations before the Select Committee:
Q:
In the 3 years since the attacks there have been several allegations about
the talking points that have been made against you, and I want to give
you a chance to respond to them for the record, as well as the claims that
have been made against the intelligence community more generally. Its
been alleged that the reason the White House, the State Department,
didnt have to make substantive changes to the talking points to reflect
their preferred political narrative was because you and others in the
intelligence community did it for them. Would you like to comment on
that?
A:
So its not true. The classified analysis that was produced was exactly
what the analysts thought. The talking points were exactly what the
analysts thought. Politics was not in anybodys mind. The analysts, the
reviewers, mine. Its one of the interesting things, Congressman, is at
the time that the work was being done, nobody who was doing the work
in the intelligence community recognized that there were any politics
here at all to begin with. It was only later that it became political. So
analysts werent even thinking that way. I wasnt thinking that way.
Everybody was trying to make the best decisions they could.136
CIA Director Petraeus, who reviewed the revised talking points before they were sent to
Congress, corroborated Deputy Director Morells statement that politics had no role in the
development of the talking points or the removal of the reference to Al Qaeda:
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Q:
But the redactions and changes that were recommended by the Agency,
these were being made for substantive policy reasons like protection of
classified sources, not because the Agency was trying to reiterate a
political narrative of the White House?
A:
Well, yes, exactly, and of course, some of the changes made were
internal to the Agency. In fact, I think the Al Qaeda reference actually
came out in the Agency, and then others made for a whole variety of
other valid reasons. You know, law enforcement says, Dont use this.
It indicates a predisposition that we shouldnt be at this point in the
investigation. So, again, I think these are legitimate issues. What it
does then, though, it boils it down to a very low, low least common
denominator.
Q:
But, again, you wouldnt conclude that there was any evidence of this
urban myth that the Agency was doing the White Houses bidding
A:
No.
Q:
A:
No, no.
Q:
And
A:
Again, look, if you look at the changes that the White House actually
made, theyre insignificant. The significant changes were made by either
the CIA, other IC agencies, ODNI, FBI, State, and again, you get the
whole interagency into this at a certain point in time.137
Do you have any evidence that CIA Deputy Director Mike Morell
altered the talking points provided to Congress for political reasons?
A:
No. In fact, if I can just add because it ties into this. As we have
discussed here on several occasions, I mentioned that in preparation for
this session today, I went back through all of the changes to the talking
points to the extent that you can determine who made what changes.
And as I said, the changes that were made basically in all cases I think
are understandable. You can disagree in some cases whether or not you
should or shouldnt leave something in, but, again, these are
understandable. And certainly the role that Michael Morell played I
think was a forthright role.
Q:
Thank you.
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A:
For what it is worth, Michael Morell, among many other great qualities
that he has, he is somebody who gets stuff done and who takes charge
when something needs to be done, and I think this is in part, he realized
we had a task that we hadwe were on the hook originally. I was the
one who said: Okay, Ranking Member [Dutch] Ruppersberger, we will
provide you some unclassified talking points in response to your request.
We had a task, and he was just trying to get that task done, and it
becomes much, much more complicated and complex than we thought it
would be when we accepted it, and it became much bigger, obviously,
than the Agency, even the intelligence community, or what have you.
But, again, I think the folks that were engaged in that were faithfully
trying to carry out their respective duties.138
The Director of OTA drafted the first version of the talking points and confirmed to the
Select Committee that there was no effort to distort facts for political reasons:
Q:
Now, HPSCI concluded that the process used was flawed. There have
also been allegations that not only was it flawed, but that it was
intentionally distorted in a manner that was meant to favor a particular
political narrative and downplay the role of terrorism. On that second
question, whether in addition to being flawed there was an intentional
effort to distort, do you have any evidence to support the allegation that
there was an intentional effort to distort the facts as the Agency knew
them in the talking points that were created for HPSCI?
A:
The talking points prepared for HPSCI were the basis for Ambassador Susan Rices
public statements about the Benghazi attacks on five Sunday talk shows on September 16, 2012,
as addressed in Section E, below. Deputy Director Morell repeated his previous testimony that
the talking points he edited accurately reflected the Intelligence Communitys assessment at the
time. He told the Select Committee:
Q:
A:
Yes.
Q:
I just want to make sure that Im understanding that she was not given
information that somehow was inaccurate or inconsistent with the
classified assessment, or not based on the best available information that
the analysts had at the time?
FINDINGS
206
A:
So myagain, Im on the record on this over and over and over again?
There is nothing in the talking points that is inconsistent with what the
analysts had written in their classified reporting, and inconsistent with
what the analysts believed at the time the talking points were produced.
Q:
And at the time they were produced and sent to HPSCI, the assessment
was that what happened in Benghazi had spontaneously evolved from a
protest?
A:
A protest.
Q:
So to the extent that Ambassador Rice said that, that was fully
consistent
A:
Fully consistent with the talking points, fully consistent with what she
had read in her [intelligence brief] every day.140
As part of the interagency review of the CIAs talking points, the Director of the National
Counterterrorism Center at the time, Matt Olsen, reviewed and concurred with the talking points.
During his interview with the Select Committee, he had the following exchange:
Q:
A:
Yes. So in saying this looks good to me, I had concurred with those
points that he sent around.
Q:
So you thought those points at the time that he [CIA Deputy Director
Michael Morell] sent them to you were accurate?
A:
Yes.
Q:
And you thought they were consistent with the available intelligence at
that time?
A:
Yes.
Q:
And did you think that they were an accurate representation of the
Intelligence Communitys best assessment of the intelligence at that
time?
A:
Yes, yes.
Q:
A:
FINDINGS
207
A:
FINDINGS
208
ENDNOTES
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
2
Senate Select Committee on Intelligence, Review of the Terrorist Attacks on the U.S. Facilities in
Benghazi, Libya, September 11-12, 2012, 113th Cong. (Jan. 15, 2014) (online at
www.intelligence.senate.gov/sites/default/files/publications/113134.pdf).
3 Select Committee on Benghazi, Interview of CIA Deputy Chief of Base (June 4, 2015).
4
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Director (Nov. 13, 2015).
5
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
6
Senate Select Committee on Intelligence, Review of the Terrorist Attacks on the U. S. Facilities in
Benghazi, Libya, September 11-12, 2012, l13th Cong. (Jan. 15, 2014).
7
Id.
8
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
9
Central Intelligence Agency, Internal Correspondence (Nov. 2, 2012); [Redacted].
10
E.g., Central Intelligence Agency, Sworn Attestation of Deputy General Counsel (Feb. 9, 2016); Central
Intelligence Agency, Sworn Attestation of Deputy General Counsel (Mar. 29, 2016); Select Committee on
Benghazi, Interview of CIA Chief of Base (Nov. 19, 2015); Select Committee on Benghazi, Interview of Senior
Official at CIA Headquarters (Dec. 10, 2015); Select Committee on Benghazi, Interview of CIA Official (Mar. 2,
2016).
11
Select Committee on Benghazi, Interview of CIA Chief of Base (Nov. 19, 2015).
12
Select Committee on Benghazi, Interview of Senior Official at CIA Headquarters (Dec. 10, 2015).
13
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
14
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Director (Nov. 13, 2015)
(referencing CIA WIRe, Libya: Struggling to Create Effective Domestic Security System (Aug. 29, 2012)).
15
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
16
Id.
17
Id.
18
Select Committee on Benghazi, Interview of Principal Officer (Mar. 26, 2015).
19
State Department, Cable 12 TRIPOLI 55: U.S. Mission Benghazi Emergency Action Committee (Aug.
16, 2012) (C05261905).
20
See, e.g., Select Committee on Benghazi, Interview of CIA Chief of Station (July 16, 2015).
21
Select Committee on Benghazi, Interview of CIA Officer.
22
Id.
23
House Permanent Select Committee on Intelligence, Subcommittee on Oversight, Briefing on Benghazi,
l13th Cong. (2013).
24
Select Committee on Benghazi, Interview of CIA Officer [Redacted].
25
Select Committee on Benghazi, Interview of CIA Officer [Redacted].
26
Select Committee on Benghazi, Interview of CIA Officer [Redacted].
27
Select Committee on Benghazi, Interview of Annex Security Team Member (May 29, 2015).
28
Id.
29
Video Footage of CIA Annex and State Department Temporary Mission Facility (Sept. 11-12, 2012).
30
Select Committee on Benghazi, Interview of Annex Security Team Member (Mar. 1, 2016).
31
Select Committee on Benghazi, Interview of CIA Chief of Station (July 16, 2015).
32
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
FINDINGS
209
33
Select Committee on Benghazi, Interview of CIA Director David Petraeus (Jan. 6, 2016).
Id.
35
Select Committee on Benghazi, Interview of CIA Officer [Redacted].
36
Select Committee on Benghazi, Interview of CIA Chief of Base (Nov. 19, 2015).
37
Select Committee on Benghazi, Interview of Annex Security Team Member (May 22, 2015).
38
House Permanent Select Committee on Intelligence, Subcommittee on Oversight, Briefing on BenghaziRelated Meeting #1, 113th Cong. (Nov. 13, 2013).
39
Select Committee on Benghazi, Interview of Annex Security Team Member (May 22, 2015).
40
Select Committee on Benghazi, Interview of Annex Security Team Member (Mar. 1, 2016).
41
Select Committee on Benghazi, Interview of Annex Security Team Member (May 29, 2015).
42
Select Committee on Benghazi, Interview of Annex Security Team Member (May 24, 2016).
43
Select Committee on Benghazi, Interview of CIA Chief of Base (Nov. 19, 2015).
44
Id.
45
Id.
46
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
47
Senate Committee on Foreign Relations, Hearing on Benghazi: The Attacks and Lessons Learned, 113th
Cong. (Jan. 23, 2013).
48
Id.
49
Aaron Klein Investigative Radio, AM 970 (Apr. 21, 2013) (online at
www.youtube.com/watch?v=FCI5csafSuM).
50
House Permanent Select Committee on Intelligence, HPSCI January 2014 Update on Benghazi (Jan. 30,
2014).
51
Aaron Klein Investigative Radio, AM 970 (July 14, 2014) (online at www.youtube.com/watch?v=
X9UcDic6ENM).
52
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
53
Id.
54
Wednesdays Boston Herald Drive, Boston Herald (Jan. 13, 2016) (online at
www.bostonherald.com/herald_radio/boston_herald_drive/2016/01/wednesdays_boston_herald_drive_0).
55
Select Committee on Benghazi, Interview of CIA Director David Petraeus (Jan. 6, 2016); Select
Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
56
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
57
Select Committee on Benghazi, Interview of CIA Chief of Base (Nov. 19, 2015).
58
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf); Central
Intelligence Agency, Executive Update: Middle East and North Africa Situation Report (Sept. 12, 2012, 7:00 a.m.).
59
House Permanent Select Committee on Intelligence, Written Statement of Michael Morell, Deputy
Director of the CIA, Hearing on the Benghazi Talking Points and Michael J. Morells Role in Shaping the
Administrations Narrative, 113th Cong. (Apr. 2, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/MorellSFR04022014.pdf).
60
Id.
61
Central Intelligence Agency, Executive Update: Middle East and North Africa Situation Report (Sept.
12, 2012, 7:00 a.m.).
62
Michael Morell, The Great War of Our Time: The CIAs Fight Against TerrorismFrom al Qaida to
ISIS (2015).
63
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
64
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Director (Nov. 13, 2015).
65
Select Committee on Benghazi, Interview of Office of Director of National Intelligence Senior Editor
(Apr. 29, 2016).
66
Id.
FINDINGS
210
34
67
House Permanent Select Committee on Intelligence, Written Statement of Michael Morell, Deputy
Director of the CIA, Hearing on the Benghazi Talking Points and Michael J. Morells Role in Shaping the
Administrations Narrative, 113th Cong. (Apr. 2, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/MorellSFR04022014.pdf).
68
Id.
69
Id.
70
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Director (Nov. 13, 2015).
71
Id.
72
Id.
73
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
74
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Director (Nov. 13, 2015).
75
Central Intelligence Agency, Libya Spot Commentary (Sept. 12, 2012, 12:00 p.m.) (emphasis added).
76
Department of Defense, Joint Staff J2,
[Redacted] (emphasis added).
77
Defense Intelligence Agency, Defense Intelligence Report, [Redacted
] (emphasis added).
78
National Counterterrorism Center, Libya Crisis Update (Sept. 12, 2012) (emphasis added).
79
National Security Agency, [Redacted..] (Sept. 12, 2012) (emphasis added).
80
Central Intelligence Agency, WIRe, Libya: Government Poorly Positioned to Address Attacks (Sept. 13,
2012) (emphasis added).
81
Defense Intelligence Agency, [Redacted
] (emphasis added).
82
Department of Defense, [Redacted .]
83
National Counterterrorism Center, Libya Spot Report (Sept. 13, 2012) (emphasis added).
84
National Security Agency, [Redacted..] (Sept. 13, 2012).
85
National Security Agency, [Redacted..] (Sept. 13, 2012).
86
Defense Intelligence Agency, [Redacted.] (emphasis
added).
87
Central Intelligence Agency, WIRe, Libya: Variety of Extremists Participated in Benghazi Attacks (Sept.
15, 2012) (co-authored with NCTC) (emphasis added).
88
National Security Agency, [Redacted.] (Sept. 15, 2012) (emphasis added).
89
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
90
Senate Select Committee on Intelligence, Review of the Terrorist Attacks on the U.S. Facilities in
Benghazi, Libya, September 11-12, 2012, 113th Cong. (Jan. 15, 2014) (online at
www.intelligence.senate.gov/sites/default/files/publications/113134.pdf)
91
House Permanent Select Committee on Intelligence, Written Statement of Michael Morell, Deputy
Director of the CIA, Hearing on the Benghazi Talking Points and Michael J. Morells Role in Shaping the
Administrations Narrative, 113th Cong. (Apr. 2, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/MorellSFR04022014.pdf).
92
Id.
93
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
94
Libyan Militia Storms U.S. Consulate in Benghazi over Prophet Film, Al Jazeera Arabic, Live Broadcast
(Sept. 11, 2012) (IntBook17-084).
95
Gunmen Attack U.S. Consulate in Libyas Benghazi over Film, Reuters (Sept. 11, 2012) (online at
www.reuters.com/article/us-libya-us-embassy-idUSBRE88A1EF20120911).
96
In Libya, Deadly Fury Took U.S. Envoys by Surprise, Reuters (Sept. 12, 2012) (online at
www.reuters.com/article/us-libya-ambassador-assault-idUSBRE88C02Q20120913).
97
Assault on U.S. Consulate in Benghazi Leaves 4 Dead, Including U.S. Ambassador J. Christopher
Stevens, CBS News (Sept. 12, 2012) (online at www.cbsnews.com/news/assault-on-us-consulate-in-benghazileaves-4-dead-including-us-ambassador-j-christopher-stevens/).
98
Libya Attack Brings Challenges for U.S., New York Times (Sept. 12, 2012) (online at
www.nytimes.com/2012/09/13/world/middleeast/us-envoy-to-libya-is-reported-killed.html?pagewanted=all&_r=1).
99
U.S. Officials: Attack on Consulate in Libya May Have Been Planned, Washington Post (Sept. 12, 2013)
(online at www.washingtonpost.com/world/news-agencies-us-ambassador-to-libya-killed-in-attack-outsideconsulate/2012/09/12/665de5fc-fcc4-11e1-a31e-804fccb658f9_story.html)
FINDINGS
211
100
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on
U.S. Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
101
House Permanent Select Committee on Intelligence, Written Statement of Michael Morell, Deputy
Director of the CIA, Hearing on the Benghazi Talking Points and Michael J. Morells Role in Shaping the
Administrations Narrative, 113th Cong. (Apr. 2, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/MorellSFR04022014.pdf).
102
Id.
103
Id.
104
Central Intelligence Agency, Directorate of Intelligence, Memorandum for Director David Petraeus and
Deputy Director Michael Morell (Sept. 16, 2012).
105
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Team Chief (Feb. 10,
2016).
106
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
107
Select Committee on Benghazi, Interview of Senior Official at CIA Headquarters (Dec. 10, 2015).
108
Select Committee on Benghazi, Interview of CIA Chief of Station (July 16, 2015).
109
Defense Intelligence Agency Product (Sept. 17, 2012).
110
Id.
111
House Permanent Select Committee on Intelligence, Written Statement of Michael Morell, Deputy
Director of the CIA, Hearing on the Benghazi Talking Points and Michael J. Morells Role in Shaping the
Administrations Narrative, 113th Cong. (Apr. 2, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/MorellSFR04022014.pdf).
112
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on
U.S. Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
113
Id.
114
Senate Select Committee on Intelligence, Review of the Terrorist Attacks on the U.S. Facilities in
Benghazi, Libya, September 11-12, 2012, 113th Cong. (Jan. 15, 2014) (online at
www.intelligence.senate.gov/sites/default/files/publications/113134.pdf).
115
Select Committee on Benghazi, Interview of CIA Director David Petraeus (Jan. 6, 2016).
116
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
117
Id.
118
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Team Chief (Feb. 10,
2016).
119
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Director (Nov. 13,
2015).
120
Id.
121
Select Committee on Benghazi, Interview of CIA Director David Petraeus (Mar. 19, 2016).
122
Id.
123
Central Intelligence Agency, Analytic Line Review (Jan. 4, 2013).
124
Select Committee on Benghazi, Interview of CIA Director David Petraeus (Jan. 6, 2016).
125
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
126
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Director (Nov. 13,
2015).
127
Select Committee on Benghazi, Interview of CIA Chief of Station (July 16, 2015).
128
Senate Select Committee on Intelligence, Review of the Terrorist Attacks on U.S. Facilities in Benghazi,
Libya, September 11-12, 2012, 113th Cong. (2014) (S. Report 113-134) (online at
www.congress.gov/113/crpt/srpt134/CRPT-113srpt134.pdf).
129
The Lead with Jake Tapper, CNN (May 7, 2014).
130
Charlie Rose: The Week, PBS (May 7, 2014).
131
Americas Newsroom, Fox News (Apr. 3, 2014).
132
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on
U.S. Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.
FINDINGS
212
133
House Permanent Select Committee on Intelligence, Written Statement of Michael Morell, Deputy
Director of the CIA, Hearing on the Benghazi Talking Points and Michael J. Morells Role in Shaping the
Administrations Narrative, 113th Cong. (Apr. 2, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/MorellSFR04022014.pdf).
134
Id.
135
Id.
136
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
137
Select Committee on Benghazi, Interview of CIA Director David Petraeus (Jan. 6, 2016).
138
Id.
139
Select Committee on Benghazi, Interview of CIA Office of Terrorism Analysis Director (Nov. 13,
2015).
140
Select Committee on Benghazi, Interview of CIA Deputy Director Michael Morell (Sept. 28, 2015).
141
Select Committee on Benghazi, Interview of National Counterterrorism Center Director Matt Olsen
(Feb. 16, 2016).
142
Id.
143
Id.
FINDINGS
213
E. NO INTENTIONALLY
MISLEADING PUBLIC
STATEMENTS
214
TABLE OF CONTENTS
E.
214
1.
217
Ansar al-Sharia Claims Responsibility and State Officials Fear Further Violence
218
223
224
225
227
228
230
236
242
246
248
250
2.
FINDINGS
215
Based on the evidence obtained by the Select Committee, including documents, briefings,
and transcribed interviews, the Democratic Members make the following findings relating to the
public statements of Administration officials regarding the attacks in Benghazi:
The Select Committee has obtained no credible evidence that any Administration
official made intentionally misleading statements about the attacks in Benghazi.
Statements made by Secretary Clinton in the week following the attacks were
consistent with the information she had at the time and were intended to prevent
further violence throughout the region.
Statements made by Ambassador Rice on the Sunday shows about the Benghazi
attacks were based on talking points prepared by the Intelligence Community.
Republicans simply disregard the established fact that the Intelligence Communitys
assessments changed repeatedly, and the Administrations public statements changed
with them.
For more than three years, Republicans have accused Administration officials of
intentionally misleading the American people about the attacks in Benghazi. They have blamed
Secretary Clinton, U.S. Ambassador to the United Nations Susan Rice, CIA Deputy Director
Michael Morell, and Deputy National Security Adviser for Strategic Communications Ben
Rhodes for creating a false narrative. For example:
On May 7, 2013, Chairman Gowdy stated: [W]e know we were lied to. I think I
can prove tomorrow that it was an intentional misrepresentation by Susan Rice and
others.1
On May 8, 2013, Select Committee Member Jim Jordan stated: I think it was
established without any doubt that Ambassador Rice misled the American people on
the Sunday shows. Without a doubt, she went out and told a different story than the
facts show.2
On February 26, 2014, Rep. Devin Nunes, now-Chairman of the House Permanent
Select Committee on Intelligence, stated about Ambassador Rice: Anybody that has
half of a brain knows that she just flat out lied. Thats without question.3
On May 11, 2014, then-Speaker John Boehner asked: [W]hy did the White House
describe this in a way, I believe, they knew was false?5
On October 22, 2015, at the Select Committees 11-hour hearing with Secretary
Clinton, Rep. Jim Jordan stated: So if there is no evidence for a video-inspired
protest, then where did the false narrative start? It started with you, Madam
Secretary. At 10:08 on the night of the attack you released this statement: Some
FINDINGS
216
On May 24, 2016, Rep. Jordan repeated these accusations on CNN, stating: The
false information, the false narrative she told the American peoplewhere we
learned last fall she said one thing to her family, one thing to the Egyptian Prime
Ministerbut yet she told the taxpayers and the citizens and probably more
importantly the families of those individuals who died for our country that night a
completely different story. And that right there, I think should disqualify her from
being commander in chief.7
The evidence obtained by the Select Committee demonstrates that these claims are
baseless. The Select Committee conducted transcribed interviews with Ambassador Rice, Mr.
Morell, Mr. Rhodes, State Department Deputy Chief of Staff for Policy Jacob Sullivan, and a
number of other officials who worked with them. Not one person interviewed by the Select
Committee provided any evidence of an intentional effort to misrepresent the facts or deceive the
American people. To the contrary, the witnesses forcefully rebutted these allegations and
explained that they based their statements on assessments from the Intelligence Community that
were evolving. They described how they deeply felt the impact of the loss of American life in
Benghazi, and how they focused on the safety of their friends and colleagues throughout the
Middle East and North Africa following the attacks.
FINDINGS
217
time with complete certainty was that Americans had been killed and others
were still in danger.8
FINDINGS
218
Did you ever have any reason to believe that anyone that you came into
contact with was doing anything other than their best good faith efforts
to get at the information that was the most accurate as quickly as they
could?
A:
Absolutely not, and Iyou know, I have to say, Ive been listening to
people make these accusations for 2 years, and it has been difficult to
swallow because all of us, you know, everyone I worked with in
government got up every day to try to serve U.S. national interests, to try
and carry out our oath, and the suggestion that we were doing something
to manipulate or politicize or otherwise, I find so foreign to my
experience, not just for myself with the State Department but for my
FINDINGS
219
colleagues as well.
You know, people like Toria Nuland, who has been criticized, even
though she is a career Foreign Service officer and the least political
person I know, who is Dick Cheneys National Security Advisor, for
goodness sake, has been thrown in as part of some exercise that, you
know, people, I think, have twisted beyond all recognition, and I think
its just very important to say that this was a fast-moving situation with a
lot of information coming in, and we were dealing with attack after
attack over the days that followed trying to focus on keeping Americans
safe, and of course, I went back and forth on what exactly had happened
in Benghazi. Who couldnt? I mean, to this day, people havent been
able to figure out exactly who the attackers were, exactly what motivated
them, so certainly in that first week, we werent going to. All we could
do was the best with the information we had at the time was, and thats
what we did.15
Mr. Sullivan explained further:
Q:
Now, the nextthe first sentence of that paragraph reads in full: Some
have sought to justify this vicious behavior as a response to
inflammatory material posted on the Internet. Do you recall whose idea
it was to include that sentence?
A:
I believe that it was my idea to include that sentence. It was either mine
or Torias or a combination of the two of us, but I thought it was
important to include that sentence.
Q:
A:
Well, there are two aspects to this. One was we didnt know the motives
of the actual attackers of Benghazi, so I didnt want to say they did it
because of the video, and so I chose the words very carefully to say that
some have sought to justify it on that basis.
But I thought it was really important for us to be able to express our
views on the video and to say there is never any justification for violent
acts of this kind, as well as to say we deplore efforts to denigrate the
religious beliefs of others because I was deeply concerned that we could
potentially face attacks on our embassies elsewhere. And, unfortunately,
thats exactly what happened in the following days.16
220
They would be the kind of people that would go try to gin up protests
elsewhere, whether in Benghazi again or in Tripoli or anywhere else around
the region.
And my first concern in getting this out was to do everything we could to try to
help prevent further violence from happening. And I really thought it was
important for the Secretary to get on record on this issue. And in the days that
followed, I thought it was important for her to continue getting on the record
on this issue, especially as we dealt with these assaults on our embassies across
the region.
So I thought hard about this paragraph. I thought hard about making sure we
formulated it in a way that was accurate to say that just some had sought to
justify it. Obviously, we have all seen a lot of public reporting linking things
as well. So this, to me, was an important paragraph to include in this
statement.17
The exchange continued:
Q:
So you werent relying on the public information linking the two events
at the point where you drafted this statement, or were you?
A:
Only insofar as some of that public reporting indicated that people were
trying to justify this behavior, not that the attacks on Benghazi were
motivated by it, which I wouldnt say and I didnt say.18
Mr. Sullivans account corroborated the explanation that Ms. Nuland provided to the
House Committee on Oversight and Government Reform nearly three years ago in 2013. She
stated:
Again, in terms of what I was aware of, what I knew at the time, it wasnt even
clear to me that we had actually identified the attackers, let alone have a sense
of what motivated them or what their connections were. What we were
concerned about was that we had people throughout the region applauding the
event and citing Islam as a justification for it.19
She also stated:
You know, I dont think thatthat we were in the business at that point on
September 11th itself, of parsing motivations. We were obviously watching
what was happening on social media which was inciting people to violence
partly as a result of the video, partly September 11th. There were a lot of
things out there in the ether. We were very much focused on how do we calm
things? How do we issueat least on my, the public affairs sidehow do we
issue the kinds of statements that will be calming, that will help our embassies
and both governments secure security, et cetera.20
She explained further:
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Q:
Taking you back to the statement that was originally released by the
Secretary to this one and two that we discussed before, where it says
some have sought to justify this?
A:
Uh-huh.
Q:
Was it your understanding as stated here that at the time you just didnt
know if there was any link to the Internet activity?
A:
Again, this goes to the exchange that we had before. We didnt know
whether the actual attack in Benghazi, the attackers themselves were
motivated by social media, by the video, by the movie, or whether it
wasyou know, there was another set of motivations, another set of
links, or whether it was spontaneous or any of that at that moment. With
regard to the Secretarys statement, she was addressing a larger
community in the broader Middle East and North Africa who were
applauding the attack. She wasnt necessarily. The intention of that
statement was not to make a direct link to the film.21
I think we have already established that you were hearing social media
about people who werent involved directly in the attack
A:
Correct. Correct.
Q:
A:
There wereI mean, justify is a certain word that can have legal
implications.
Q:
Sure.
A:
I think the point here was there was considerable cheerleading on social
media throughout the region for violence against U.S. missions,
facilities, personnel.
Q:
In general?
A:
Q:
Sure.
A:
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region to see that we condemn, you know, we considered the stuff on the
Internet inflammatory; that we deplored any efforts to denigrate religion,
so separating ourselves from the content of the film, reasserting
Americas response to respect for tolerance, but also beginning this trope
that you see in all of the public statements for the following week that
nonetheless, its not a justification for violence. So we were trying to
speak to the whole region in her voice, which is why you see me later
encouraging the public affairs sections to amplify this statement as much
as possible.22
At 11:12 p.m. that evening, Secretary Clinton emailed her daughter:
Two of our officers were killed in Benghazi by an Al Queda-like [sic] group:
The Ambassador, whom I handpicked and a young communications officer on
temporary duty w a wife and two young children. Very hard day and I fear
more of the same tomorrow.23
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No acts of terror will ever shake the resolve of this great nation, alter that
character, or eclipse the light of the values that we stand for. Today we mourn
four more Americans who represent the very best of the United States of
America. We will not waver in our commitment to see that justice is done for
this terrible act. And make no mistake, justice will be done.26
On the afternoon of September 12, 2012, Secretary Clinton received notes to prepare for
a 4:30 p.m. meeting on the attacks in Benghazi and Cairo. The notes stated that sources
indicate a group named Ansar al-Sharia, affiliated with Islamic extremists, organized the attack.
The notes also stated that Embassy Tripoli was reporting that the attack in Benghazi appeared to
be pre-planned, similar to the intelligence report issued earlier that morning: Embassy Tripoli
reports that the attack was sophisticated, well-organized, involved over 50 armed gunmen, and
appears to have been planned in advance.27
Later that day, Secretary Clinton had a phone call with the Egyptian Prime Minister
Hisham Kandil regarding the events in Cairo and Libya. The notes from that call indicate that
the Secretary relayed information consistent with the reporting she had received at that time:
We know that the attack in Libya had nothing to do with the film. It was a planned attacknot
a protest. The notes also indicate that she acknowledged that Ansar al-Sharia reportedly
claimed responsibility for the attacks: Your [sic] not kidding. Based on the information we
saw today we believe the group that claimed responsibility for this was affiliated with al Qaeda.
She also stated: We want to lower the temperature on everything that is going on and to make
sure this does not happen again today, tomorrow, or after Friday prayer.28
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done so, they would have removed it. When the analysts came in the next
morning, they complained vehemently about the edit.32
We assess the attacks on Tuesday against the U.S. Consulate in Benghazi began
spontaneously.
[T]he attacks began spontaneously following the protests at the U.S. embassy in
Cairo.
On September 14, 2012, Secretary Clinton spoke at a ceremony to honor those lost in the
attacks in Benghazi:
This has been a difficult week for the State Department and for our country.
Weve seen the heavy assault on our post in Benghazi that took the lives of
those brave men. Weve seen rage and violence directed at American
embassies over an awful internet video that we had nothing to do with. It is
hard for the American people to make sense of that because it is senseless, and
it is totally unacceptable.
The people of Egypt, Libya, Yemen, and Tunisia did not trade the tyranny of a
dictator for the tyranny of a mob. Reasonable people and responsible leaders
in these countries need to do everything they can to restore security and hold
accountable those behind these violent acts. And we will, under the
Presidents leadership, keep taking steps to protect our personnel around the
world.36
At the Select Committees hearing with Secretary Clinton, Rep. Jordan summarized his
allegations, ignoring the changes in the information being reported and the Intelligence
Communitys assessments, arguing:
Seems to me that night you had three options, Secretary. You could tell the
truth like you did with your family, like you did with the Libyan President, like
you did with the Egyptian Prime Minister, tell them it was a terrorist attack.
You could say, You know what? Were not quite sure. Dont really know for
sure. I dont think the evidence is there. I think its all in the first one. But
you could have done that. But you picked a third option. You picked the
video narrative. You picked the one with no evidence. And you did it because
Libya was supposed to be, as Mr. Roskam pointed out, this great success story
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for the Obama White House and the Clinton State Department. And a key
campaign theme that year was GMs alive, bin Ladens dead, Al Qaedas on
the run. And now you have a terrorist attack, and its a terrorist attack in
Libya, and its just 56 days before an election. You can live with the protest
about a video. That wont hurt you. But a terrorist attack will. So you cant
be square with the American people. You can tell your family its a terrorist
attack, but not the American people. You can tell the President of Libya its a
terrorist attack, but not the American people. And you can tell the Egyptian
Prime Minister its a terrorist attack, but you cant tell your own people the
truth. Madam Secretary, Americans can live with the fact that good people
sometimes give their lives for this country. They dont like it. They mourn for
those families. They pray for those families. But they can live with it. But
what they cant take, what they cant live with is when their government is not
square with them.37
Secretary Clinton responded:
I think the insinuations that you are making do a grave disservice to the hard
work that people in the State Department, the intelligence community, the
Defense Department, the White House did during the course of some very
confusing and difficult days. There is no doubt in my mind that we did the
best we could with the information that we had at the time. And if youd
actually go back and read what I said that night. I was very careful in saying
that some have sought to justifyin fact, the man that has been arrested as one
of the ring leaders of what happened in Benghazi, Ahmed Abu Khattala, is
reported to have said it was the video that motivated him. None of us can
speak to the individual motivations of those terrorists who overran our
compound and who attacked our CIA Annex. There were probably a number
of different motivations. I think the intelligence community, which took the
lead on trying to sort this out, as they should have, went through a series of
interpretations and analysis. And we were all guided by that. We were not
making up the intelligence. We were trying to get it, make sense of it, and then
to share it. When I was speaking to the Egyptian Prime Minister, or in the
other two examples you showed, we had been told by Ansar al-Sharia that they
took credit for it. It wasnt until about 24 more hours later that they retracted
taking credit for it. We also knew, Congressman, because my responsibility
was for what was happening throughout the region. I needed to be talking
about the video because I needed to be putting other governments and other
people on notice that we were not going to let them get away with attacking us
as they did in Tunis, as they did in Khartoum. And in Tunis, there were
thousands of demonstrators who were there only because of the video,
breaching the walls of our Embassy, burning down the American school. I was
calling everybody in the Tunisian Government I could get, and finally
President Marzouki sent his presidential guard to break it up. There was
example after example. Thats what I was trying to do during those very
desperate and difficult hours.38
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A:
Q:
A:
I did indeed.
Q:
Did you have any reason to doubt that assessment by the intelligence
community that had been shared in talking points with the Congress?
A:
I had no reason to doubt that it was our current best assessment. I was
aware that in these types of circumstances, as we gain more information,
our understanding could change, which is why I tried to reinforce that
FINDINGS
228
And departing from those talking points would have opened you up to
potentially legitimate criticism both because the talking points were an
accurate reflection of the other intelligence you were provided and
because what the Intelligence Committee wascommunity was
providing you was what you could say without compromising sources
and methods or the FBI investigation.
A:
That is correct.
Q:
And the intelligence community would have been in the best position to
be able to provide guidance as to what could be said without the
compromise of intelligence sources.
A:
Yes.43
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A:
Q:
So, as far as you were concerned or as far as you understood, the CIA
talking points represented the best information about the attacks in
Benghazi at the time.
A:
Yes. Thats how Ithats what I understood them to be, and thats, in
fact, what I knew them to be, because they mirrored very precisely the
intelligence that I had also received.49
Ambassador Rice explained why it would have been inappropriate to second-guess the
Intelligence Communitys assessment:
Because as a senior policymaker with no direct operational responsibility for
what transpired in Benghazi, for me to go out and try to second guess the
intelligence community or glean individual pieces of information and make my
own judgments would have been to substitute my personal judgment for the
best assessment of the intelligence community, which, by definition, brings
together all of the information that is available, both open source and
classified, and from that, the intelligence communitys job is to distill their best
judgment or assessment. And it would have been highly inappropriate for me
to substitute my own for that or anybody elses.50
On February 2, 2016, the Select Committee conducted a transcribed interview with Mr.
Rhodes, who corroborated Ambassador Rices account:
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230
Q:
A:
Q:
A:
Yes. And wewe indicated that Susan would be receiving those talking
points separately for use with respect to our understanding what had
transpired in Benghazi.
Q:
And why would you have wanted, or why would the decision have been
made for the talking points with regard to Benghazi or what had
happened in Benghazi to be the talking points that were being created for
HPSCI?
A:
Q:
A:
Yes. And my recollection is that the request that was made from HPSCI
to the Intelligence Community made clear that that was one of the
purposes of the points. It was so that those points could be used
publicly.
Q:
And did you have any understanding of whether those talking points then
that were being prepared for HPSCI would have been coordinated
through the interagency, including the intelligence community?
A:
Q:
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231
A:
Q:
So in that regard, was it your assumption that they would reflect the best
current assessment of the intelligence community at the time?
A:
Q:
And that was the piece that was intended to guide Ambassador Rices
discussion specifically as to what happened in Benghazi on the Sunday
talk shows?
A:
Yes. Given that we had a process already underway to compile the best
assessment of the intelligence community for public use at that time, it
stood to reason that she should use those points in her appearances.51
Mr. Rhodes confirmed that on September 14, 2012, he created a document to help
prepare Ambassador Rice for a wide range of issues she could be asked about on the Sunday
shows. This document included Goals, Top-lines, and Questions and Answers that
addressed the outgrowth of demonstrations and protests throughout the Middle East and North
Africa region as well ongoing concerns regarding Irans nuclear program. He explained the
purpose of this document:
Q:
A:
The goals, I think, indicate what the purpose of appearing on the Sunday
shows is. We are in a particular context. And at that time, the context
was instability across the Middle East. It was unsettling to Americans at
home, and raising questions about our response overseas. And again, the
objective was very much to send a message that we were going to be
able to manage this situation while answering the questions that flowed
out of the events.
Q:
And then with regard to the goals that you have discussed with my
colleagues a little bit, the first one, first bullet says to convey that the
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United States is doing everything that we can to protect our people and
facilities abroad. Now, earlier in the day, you obviously indicated a
number of times that kind of one of the principal and most important
things was making sure people were safe. So was that, in fact, being
done?
A:
Yes. And over the course of that week, the concern coming out of
Benghazi, but also with the ongoing protests, was making sure we were
doing everything we could to secure our embassies and our diplomatic
facilities and our American citizens abroad. So that was the overarching
concern that we had on our minds the whole week.
Q:
So in that regard, this was not creating some false narrative with that first
bullet that you were doing everything you could to secure our people and
facilities overseas?
A:
Q:
And then that second bullet that has been discussed, to underscore that
these protests were rooted in an Internet video and not a broader failure
of policy. That certainly wasand again, we are talking about the time
period thats agreed to in the scopethat certainly was the
understanding and the belief of the administration at the time.
A:
Q:
So in that regard, that was not the creation of any sort of false narrative?
A:
Q:
And then to show that we will be resolute in bringing people who harm
Americans to justice and standing steadfast through these protests. Now,
earlier in the day you had indicated that one of the goals was to really
send the strong message that no matter where any type of violence
occurred, that America would not stand for it. Was that part of the goal
here?
A:
Q:
And to the extent there had been concern, a fair amount of concern in the
run up to Friday, did that concern dissipate entirely by Sunday, that there
could be ongoing unrest and potential violence and risk to the security of
our personnel overseas?
A:
Absolutely not. You had had, again, very violent protests that had
continued throughout that week. And there was not an indication at that
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233
So in the same way that some of the earlier statements wereI think I
described them as forward leaning, and not necessarily backward
leaning, this bullet also potentially was forward leaning in the same way?
A:
Q:
A:
Q:
So in that regard certainly bullet three was not the creation of a false
narrative?
A:
Absolutely not. And its consistent with what we have said throughout
our administration.
Q:
And then, finally, the last one is just to reinforce the President and
administrations strength and steadiness in dealing with difficult
challenges. What was the kind of goal or purpose of sending that
message?
A:
Again, at a time when you have instability, and it appears that there are
events that look like they are getting out of control, there are violent
protests at our embassies, there is incitement against our personnel
overseas, we have an interest, foreign policy interest in conveying that
we are going to be able to manage that situation; we are going to be able
to protect our people overseas; we are going to be able to respond to that
incitement. So the objective was in this very uncertain period to convey
a sense of strength and steadiness consistent with American foreign
policy interests.
Q:
You know, some have described this document, certainly when this
select committee was established, some, in particular, pointed to this
document as and described it as a, quote, smoking gun, that there had
somehow been a false narrative created, and that the administration,
through Ambassador Rice, had intentionally lied to the American people.
What is your response to that allegation?
A:
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A:
The final, unclassified version of the CIA talking points prepared for HPSCI reads as
follows:
The currently available information suggests that the demonstrations in Benghazi
FINDINGS
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were spontaneously inspired by the protests at the US Embassy in Cairo and evolved
into a direct assault against the US diplomatic post in Benghazi and subsequently its
annex. There are indications that extremists participated in the violent demonstrations.
This assessment may change as additional information is collected and analyzed as
currently available information continues to be evaluated.
The investigation is ongoing and the US Government is working with Libyan
authorities to bring to justice those responsible for the deaths of US citizens.57
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But our current best assessment, based on the information that we have at
present, is that, in fact, what this began as, it was a spontaneousnot a
premeditatedresponse to what had transpired in Cairo.62
Third, she ended her statement during the ABC interview by returning to her warning that
the FBI was still investigating and that information was subject to change:
Well wait to see exactly what the investigation finally confirms, but thats the
best information we have at present.63
Similarly, Ambassador Rice first began her answer on CBS Face the Nation by referring
to the ongoing investigation:
A:
First of all, very importantly, as you discussed with the President, there
is a investigation that the United States Government will launch led by
the FBI, that has begun and
Q:
A:
They are not on the ground yet, but they have already begun looking at
all sorts of evidence ofof various sorts already available to them and to
us. And they will get on the ground and continue the investigation. So
well want to see the results of that investigation to draw any definitive
conclusions.64
Second, Ambassador Rice tracked the talking points of the ICs current best assessment:
But based on the best information we have to date, what our assessment is as
of the present is in fact whatit began spontaneously in Benghazi as a reaction
to what had transpired some hours earlier in Cairo where, of course, as you
know, there was a violent protest outside of our Embassy sparked by this
hateful video.65
Third, she concluded by returning to her warning that information would further develop
during the investigation:
Whether they were al Qaeda affiliates, whether they were Libyan-based
extremists or al Qaeda itself I think is one of the things well have to
determine.66
Ambassador Rice repeated the pattern on Fox News, first explaining that there was an
ongoing FBI investigation:
Well, first of all, Chris, we are obviously investigating this very closely. The
FBI has a lead in this investigation.67
Second, Ambassador Rice referred to the talking points provided by the Intelligence
Community:
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The information, the best information and the best assessment we have today is
that in fact this was not a preplanned, premeditated attack. That what
happened initially was that it was a spontaneous reaction to what had just
transpired in Cairo as a consequence of the video.68
Third, she once again concluded by reiterating her initial caution that the FBI
investigation was still ongoing:
Obviously, we will wait for the results of the investigation and we dont want
to jump to conclusions before then.69
During Ambassador Rices appearance on CNN, host Candy Crowley did not ask her
about the Benghazi attacks specifically, but rather posed questions about the wider unrest in the
region and whether any conclusions could be drawn about the United States relationship with
the Muslim world. In response to these broad questions, Ambassador Rice referenced the
Benghazi attacks only briefly and did not follow her usual pattern of prefacing her statements
with the status of the ongoing investigation as she did during her other four appearances on the
Sunday talk shows.70
Ambassador Rice explained to the Select Committee why she started and finished by
warning that the FBI investigation was ongoing and that information was subject to change:
Because I was very mindful that any such situations, particularly tragic events
of this sort, that we typically learn more as time unfolds. We learn from our
investigation, and I was mindful that what I was able to provide was purely the
best assessment that we had at the time, and I wanted to convey that this could
well change.71
Ambassador Rice explained that she attempted to provide the American people with the
same information she received from the Intelligence Community:
Q:
And so this was, once again, you trying to repeat your understanding of
the intelligence communitys best assessment at the time?
A:
Q:
Then you stated, quote: Obviously, we will wait for the results of the
investigation, and we dont want to jump to conclusions before then, but
I do think its important for the American people to know our current
bestor, Im sorryour best current assessment, end quote.
A:
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The evidence demonstrates that Ambassador Rice was diligently trying to keep to the
talking points provided by the IC while warning repeatedly that assessments could change.
During an exchange with Ranking Member Cummings, Ambassador Rice addressed repeated
Republican accusations that she lied during her appearances on the Sunday shows:
Q:
A:
No, sir. I never lied to the American people, nor did I ever intentionally
misrepresent the facts.
Q:
Did you always try to ensure that the statements that you made about the
Benghazi attacks were accurate?
A:
Yes, sir, I tried my very best to make sure that my statements were
accurate and to adhere as closely as I could to the relevant talking points
and, at the same time, to caveat at every instance that the information I
was providing was our current best assessment, that it was preliminary,
that it could well change, and that we were awaiting the results of the
FBI investigation to give us the definitive determination.
Q:
A:
No, sir.
Q:
Intentionally or unintentionally?
A:
Q:
Did you attempt to the best of your ability to follow the intelligence
communitys talking points and press guidance that you understood to be
the collective best assessment at the time of what had happened?
A:
Q:
A:
Yes, sir.
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239
Q:
A:
Q:
Do you believe that you followed the guidance from the intelligence
community as best as you could? And that your statements were
consistent with the guidance from the intelligence community?
A:
Q:
Did you make every attempt to caveat your statements with the warning
that they were subject to change from the ongoing investigation?
A:
Q:
A:
Q:
A:
No.
Q:
Some have argued that it was false because you should have known by
that time that there had not been a protest. How would you respond to
those critics?
A:
First of all, I did not know at the time that there had not been a protest. I
was going off the best current assessment of the intelligence community.
And the intelligence community subsequently made clear that they
changed their assessment to conclude that there was not a protest or a
demonstration several days after my appearance on the Sunday shows.
Q:
Now, going to May 2nd, 2014, Congressman Gosar on his Web site said
that you were, and I quote, sent out to lie about the causes of the attacks
instead of Secretary Clinton, end of quote. Did you go onto the Sunday
talk shows to lie about the causes of the attacks?
A:
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Q:
A:
I did not.
Q:
Did anyone ever pressure you to say anything about the Benghazi attacks
that you believed to be false?
A:
Never.
Q:
Or misleading?
A:
Never.
Q:
A:
No, sir.
Q:
A:
Yes, sir.
Q:
And if you wouldn't mind sharing, tell us just how have these
accusations affected you personally?
A:
I think you can imagine that when you are a public servant trying to do
your best for the people of this country and our policies around the
world, to have your integrity impugned is painful. It's painful to me. It's
painful to the people who love me.
Q:
A:
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241
A:
Yes.
Q:
And weve been told by many individuals in the national security field
and at the CIA that the term extremist and terrorist are often used
interchangeably. Is that also your understanding?
A:
Q:
So the HPSCI talking points that you were given used the word
extremist?
A:
Yes.
Q:
And did you use the word extremist because that was the language in
the HPSCI talking points?
A:
Yes.
Q:
A:
Yes.
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242
Q:
A:
Yes, of course.
Q:
And if the HPSCI talking points had said Ansar al Sharia or Al Qaeda
affiliates, would you have used that cleared language?
A:
Yes.76
Ambassador Rice explained to the Select Committee that she attempted to be consistent
with the talking points even when she did not use their exact wording:
Q:
To the extent that you used slightly different wordsfor example, you
called it a response instead of saying it was inspired by in this
particular instance, and in other instances, you also used slightly
different wordingsdid you view your language as being synonymous
and consistent with the HPSCI talking points?
A:
That was my intent, and that was my solemy sole effort was to be
consistent with the talking points.77
Ambassador Rice could not recall the exact basis for certain statements made more than
three years earlier. For example, she could not recall the specific basis for her statement on CBS
that FBI agents are not on the ground yet but they have already begun looking at all sorts of
evidence.78 Although Ambassador Rice could not recall the specific basis for her statement, the
fact she referenced was correct. On September 15 and 16, the FBI was already in Germany
interviewing evacuees from Benghazi.79
During her appearances, Ambassador Rice sometimes used the phrase in fact, and
Republicans have pointed to her use of that phrase to argue that her statements were intended to
mislead the public. Ambassador Rice explained to the Select Committee that she did not mean
the words in fact to negate her repeated caveats that she was providing the Intelligence
Communitys best assessment at the time, but that this assessment could change:
Q:
A:
FINDINGS
A:
Yes. So in saying this looks good to me, I had concurred with those
points that he sent around.
Q:
A:
Yes.
Q:
And you thought they were consistent with the available intelligence at
that time?
A:
Yes.
Q:
And did you think that they were an accurate representation of the
Intelligence Communitys best assessment of the intelligence at that
time?
A:
Yes, yes.
Q:
A:
Director Olsen explained that he would have been comfortable using the CIA talking
points to speak publicly about the Benghazi attacks:
Q:
A:
Director Olsen stated that when he read the transcript of Ambassador Rices statements
on the Sunday shows, he believed her statements were generally accurate and consistent with the
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intelligence assessments at the time, but that her demeanor and language suggested a degree of
certainty that was more emphatic than the intelligence. He stated:
I remember thinking that what she said was accurate, given the information
that we were putting out in our analysis. What I remember, though, is also
thinking that she in some ways was more unequivocal about what she was
saying than we were being. So it was more almost the demeanor and sort of
the way in which she phrased her comments on the Sunday shows that I
thought was, again, more certain than we felt the information supported.83
He described these differences as small, such as her use of the phrase in fact:
I do think that the reason I think there is, to a certain degree, Ambassador Rice
was more emphaticand it is perhaps a small pointbut, using terms like our
best information is that in fact what began as a spontaneous, I think that
suggests a degree of certainty that we did not necessarily have in the IC about
what happened. When we say the currently available informationwhen
Michael saidand I agree the current available information suggests that the
demonstrations in Benghazi were spontaneously inspired, and Ambassador
Rice talks about our best information is in fact what began, it is a slight
difference in emphasis and tone that I think was beyond where we were in the
intelligence community. A small difference. But the other areas is to, I think,
to suggest here that it was a small number of people who came to the embassy.
I dont know if we said how many people or what that meant or that they
wanted to replicate the challenge in Cairo. That is somewhat of I thinkthat
goes beyond what we saidthat they were replicating what we saw, that we
talked about that they were inspired by the protests. Again, I think small
differencessmall level in terms ofmore in terms of how she expressed
those same points, but that is what has led me to conclude that there are these
slight differences in how she explained the intelligence, versus what we were
saying inside of the intelligence community.84
Despite these small differences, Director Olsen stated that he believed Ambassador
Rices statements on the Sunday shows conveyed facts that were consistent with the intelligence
assessment at the time:
Q:
Do you know if all of her comments were consistent with the intel
assessment? Just some of the comments? I mean, did you have any
sense of the accuracy of her statements at that point?
A:
Yeah.
Q:
A:
Yeah. My sense is that her comments were consistent with our intel
assessment at that time. So I agree with [DNI Deputy Director] Cardillo
on that point, that her comments were consistent with what we were
assessing at that time. Again, I had earlier mentioned that I thought she
FINDINGS
245
was overly emphatic and certain about things that I was more equivocal
about. But in terms of the facts that she conveyed, my sense was that
they were fully consistent with what we were assessing at the time.85
In your list of areas where you were attempting to collect the latest
information, you left Benghazi out. Was that intentional, or were you
just giving me some examples?
A:
Q:
A:
Thats fair. And I would add that the premise for why the
administration, specifically Ambassador Rice, was doing the Sunday talk
shows was because, at the moment, there were attacks happening across
the Islamic world on our diplomatic facilities, and we were attempting to
make sense to the American people what was happening in the region
writ large. Benghazi was obviously one piece of that, but Benghazi was
not the focus of the Sunday shows.
Q:
And why do you say that? I mean, in my mind, if four Americans had
died, in my mind, Benghazi would absolutely be a focus of the Sunday
talk shows because of that, but apparently not in yours.
A:
Well, I dont control the focus of any Sunday show interview, but I recall
receiving the promos for the Sunday shows that were largely focused on
what was happening writ large. Because, at the time, it was unclear
FINDINGS
246
A:
Yes.
Q:
And is it fair to say that she was doing her best to adhere to the language
and meaning of these intelligence community talking points as closely as
possible when she was discussing Benghazi on those shows?
A:
Yes.
Q:
A:
Yes.87
She also addressed the allegations that Ambassador Rice or others misrepresented the
facts regarding the attacks:
Q:
A:
I was not.
Q:
Was it ever your sense that statements Ambassador Rice made on the
Sunday talk shows were meant to deliberately mislead the American
people about the Benghazi attacks for political purposes?
A:
No.
Q:
A:
Yes.
Q:
FINDINGS
247
A:
No.
Q:
A:
Q:
Did anyone ever pressure you to say anything about the Benghazi attacks
that you believe to be false or inaccurate?
A:
No.
Q:
A:
No.
Q:
A:
Its frustrating. And I think those of us who give our lives to public
service expect more. And I also think it does a disservice to our
colleagues whose lives were lost to perpetuate conspiracy theories.88
During his interview with the Select Committee, Ambassador Rices
Deputy similarly stated:
Q:
A:
Yes, that was her approach and the approach of the government.
Q:
And with the understanding that that information might, as more facts
developed, actually change?
A:
Correct.89
FINDINGS
248
Q:
In any of the statements and the talking points related to the attacks in
Benghazi that you cleared on or drafted, did you ever intentionally insert
information that you knew to be inaccurate or misleading?
A:
No.
Q:
A:
No.
Q:
Did you ever remove any accurate information that you knew caused the
remaining information to be inaccurate or misleading?
A:
No.
Q:
A:
No.
Q:
Its been alleged that the administration created a false narrative, that the
YouTube video mocking the Prophet Mohammed played a role in the
attack in Benghazi. Whats your response to that allegation? Did the
administration create a false narrative?
A:
No, absolutely not. I can say that, from my time working there, you
know, this was a situation where you had a lot of information coming in;
there were a lot of emotions. You had had a large demonstration and
penetration of the compound wall in Cairo. As the days went on, there
were, as I said, violent attacks against multiple other diplomatic facilities
in the region. And this was a group of people throughout the
interagency, across multiple agencies, doing their best to provide
accurate information, updating that information as new information
became available. And to the extent that there were comments that
needed to be updated based on new information, that was a result of the
situation and certainly not any deliberate attempt to mislead. Nothing
could be further from the truth, in fact, based on what I saw.
Q:
And with specific respect to Ben Rhodes and his role in messaging
around the attack, there have been allegations that he crafted a false
narrative or tried to mislead the American public. From your
communications with him the night of the attack and the days following,
can you speak to that?
A:
Sure. I would say, as a general matter, Ive worked for Ben for 3 years
and have never, in any experience on any issue Ive worked on, had him
FINDINGS
249
I didnt have access to whatever Ambassador Rice knew. And so, you
know, had this exchange gone on further, it might have included me
saying, But I dont know what they discussed. You know, I wasnt
inshes a member of the Cabinet, as the U.N. Ambassador.
Q:
Right.
A:
So I dont know what she knows. And, at this stage, you know, there
were lots of things happening that were completely above my pay grade
and out of my line of sight.
FINDINGS
250
A:
The Select Committee had also already interviewed the NEA Communications Officer
who wrote in his email: WH very worried about the politics. This was all their doing.95 He
explained to the Select Committee that he was also unaware that the talking points used by
Ambassador Rice were generated by the IC:
The second sentence, this was all their doing, I think I was referring to what I
thought at the time was that the talking points had come from the NSS
[National Security Staff] or the White House.96
He also had the following exchange:
Q:
And given all that scrutiny, I think its just important for us to ask, from
your perspective, did you ever get a sense that Ms. Nuland or anyone in
her press shopso I think you said Bureau of Public Affairs, is that
right?
A:
Yes.
Q:
Was trying to conceal facts about the Benghazi attacks for political
advantage?
A:
No.
Q:
Did you get a sense that Ms. Nuland or anyone in the Office of Public
Affairs, Bureau of Public Affairs
A:
Q:
A:
No.
Q:
A:
Yes.
Q:
Did you ever get the sense that [NSC Assistant Press Secretary] or
anyone else within, of her colleagues, were trying to conceal facts about
the Benghazi attacks for political advantage?
A:
No.
FINDINGS
251
Q:
Did you ever get a sense that [NSC Assistant Press Secretary] or anyone
in herany of her colleagues were concealing the truth in order to avoid
embarrassment or to perpetuate a false narrative about the attacks?
A:
No.
Q:
And then, with regard to within your bureau itself, even though you were
not the lead on it, did you ever get the sense did you, yourself, or any
of your colleagues, to the best of your knowledge, try to conceal facts for
political advantage?
A:
No.
Q:
A:
No.
Q:
Were you ever pressured to conceal facts about the Benghazi attacks?
A:
No.
Q:
Were you ever asked to conceal the truth or change the story or
perpetuate a narrative about the Benghazi attacks?
A:
No.
Q:
Do you have any reason to believe that Ms. Nuland, [NSC Assistant
Press Secretary], anyone in their respective press shops or any of your
colleagues and yourself were doing anything other than their best, goodfaith effort to, as quickly as possible and as accurately as possible, get to
the truth of what happened in Benghazi?
A:
We were all doing the best that we could under difficult circumstances.97
After Rep. Jordans public statements at the hearing with Secretary Clinton, the Select
Committee interviewed two more individuals on the email chain, and they both confirmed that
they were not aware at the time that Ambassador Rice was using IC-cleared talking points to
prepare for her appearances on the shows.
For example, the Libya Desk Officer in the NEA Bureau explained that she made the off
the reservation comment because she personally was quite certain that there had not been
demonstrations. She explained:
I at no time during that evening thought that there had been a protest because I
thought that if there had been a protest Ambassador Stevens would have told
us, and so we would have known that there was a protest.98
FINDINGS
252
However, the Libya Desk Officer stated that she had no involvement in preparing
Ambassador Rice for the talk shows or developing the ICs talking points:
For the specific talking points that Ambassador Rice used on Sunday, I was not
involved in the development of those talking points. I had no information
about those talking points.99
The Committee also spoke with witnesses who expressed surprise or disagreement with
Ambassador Rices statements on the Sunday talk shows because they did not comport with their
own personal beliefs about what had happened during the Benghazi attacks or because they
disagreed with her word choice during the interviews. However, none of these witnesses
provided any evidence that Ambassador Rice deliberately misled the American people on the
Sunday talk shows. None had any personal knowledge about how Ambassador Rice prepared
for those talk shows, and none knew she was relying on the Intelligence Communitys talking
points.
As described above, the former Director of the National Counterterrorism Center, Matt
Olsen, told the Select Committee that he thought Ambassador Rices demeanor and language on
the shows suggested a degree of certainty that was more emphatic than the intelligence
suggested, describing these as small differences. Mr. Olsen had concurred with the CIAs
talking points at the time and had not been involved in the preparations for Ambassador Rices
appearances on September 16, 2012. In addition, Director Olsen acknowledged that the facts
Ambassador Rice conveyed were consistent with the intelligence assessments at the time.
In addition, the former head of the Defense Intelligence Agency, Lieutenant General
Michael Flynn, who serves as an advisor to Republican presidential nominee Donald Trump,
stated during his interview with the Select Committee that he was surprised with Ambassador
Rices statements on the Sunday shows and thought at the time, wow, thats not the whole
story.100
Lieutenant General Flynn was not concerned that what she actually said was
inaccurate. Instead, he suggested that it was an error of omission and that Ambassador Rice
should have provided more information about the attacks. He had this exchange:
Q:
And then just to be clear, so your concern with what she said was not
that what she actually said was inaccurate, it was an error of omission of
sorts?
A:
Specifically, Lieutenant General Flynn said Ambassador Rice should have explained that
there was elements of a terrorist organization associated with al-Qaida that were part of this, we
know that we areyou know, [Redacted____________________________________________].
So we know these things.102
During his interview with the Select Committee, Lieutenant General Flynn said he
believed Ambassador Rice should have provided this additional context publicly because he
believed it was not classified. However, the Intelligence Community determined that the
FINDINGS
253
additional information he cited was in fact classified and redacted this portion of his interview
transcript as a result.
FINDINGS
254
ENDNOTES
Rep. Trey Gowdy on Benghazi Hearing Tomorrow: Revelations That Will Be New, Provocative,
Instructive, The Hugh Hewitt Show (May 7, 2013) (online at www.hughhewitt.com/rep-trey-gowdy-on-benghazihearing-tomorrow-revelations-that-will-be-new-provocative-instructive/).
2
The OReilly Factor, Fox News (May 8, 2013).
3
Fox & Friends, Fox News (Feb. 26, 2014).
4
House Permanent Select Committee on Intelligence, Hearing on the Benghazi Talking Points and Michael
J. Morells Role in Shaping the Administrations Narrative, 113th Cong. (Apr. 2, 2014) (online at www.cspan.org/video/?318648-1/benghazi-obama-administration).
5
Sunday Morning Futures, Fox News (May 11, 2014).
6
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
7
New Day, CNN (May 24, 2016) (online at www.youtube.com/watch?v=SgIlL-olUUI).
8
Hillary Clinton, Hard Choices (2014) (emphasis added).
9
Email from Operations Center to State Department Officials, Update 2: Ansar al-Sharia Claims
Responsibility for Benghazi Attack (Sept. 11, 2012) (C05272001-MOU).
10
Email from Victoria Nuland to [Redacted], Fw: SVTC at 7:30pm with White House (Sept. 11, 2012)
(C05561907-MOU).
11
Email from State Department Official to State Department Officials, Call Notes: S-Libyan General
National Congress President Magariaf (Sept. 11, 2012) (SCB0071244).
12
Id.
13
State Department, Press Statement from Secretary of State Hillary Rodham Clinton, Statement on the
Attack in Benghazi (Sept. 11, 2012) (online at www.state.gov/secretary/20092013clinton/rm/2012/09/197628.htm)
(emphasis added).
14
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
15
Select Committee on Benghazi, Interview of Jacob Sullivan (Sept. 5, 2015).
16
Id.
17
Id.
18
Id.
19
House Committee on Oversight and Government Reform, Interview of Victoria Nuland (Aug. 28, 2013)
(Ms. Nuland was not re-interviewed by the Select Committee).
20
Id.
21
Id.
22
Id.
23
Email from Secretary Clinton to Chelsea Clinton (Diane Reynolds), Re: Im In My Office (Sept. 11,
2012) (STATE-SCB0078856-MOU).
24
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
25
Secretary of State Hillary Rodham Clinton, Remarks on the Deaths of American Personnel in Benghazi,
Libya (Sept. 12, 2012) (online at www.state.gov/secretary/20092013clinton/rm/2012/09/197654.htm) (emphasis
added).
26
President Barack Obama, Remarks by the President on the Deaths of U.S. Embassy Staff in Libya (Sept.
12, 2012) (online at www.whitehouse.gov/the-press-office/2012/09/12/remarks-president-deaths-us-embassy-stafflibya).
27
State Department, Secretarys Participation in the Small Group Meeting on Libya and Egypt (Sept. 12,
2012) (SCB0085910-MOU).
28
Email from State Department Official to State Department Officials, Call Notes: S-Egyptian PM Kandil
(Sept. 12, 2012) (STATE-SCB0071245).
29
Open Source Center, Video: Ansar Al-Shariah Statement on US Consulate Attack in Benghazi (Sept. 12,
2012) (online at www.opensource.gov).
30
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012, 113th Cong. (Nov. 21, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
FINDINGS
255
Michael Morell, The Great War of Our Time: The CIAs Fight Against TerrorismFrom al Qaida to
ISIS (2015).
32
Id.
33
House Permanent Select Committee on Intelligence, Written Statement of Michael Morell, Deputy
Director of the CIA, Hearing on the Benghazi Talking Points and Michael J. Morells Role in Shaping the
Administrations Narrative (Apr. 2, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/MorellSFR04022014.pdf).
34
Id.
35
Id.
36
Secretary of State Hillary Rodham Clinton, Remarks at the Transfer of Remains Ceremony to Honor
Those Lost in Attacks in Benghazi, Libya (Sept. 14, 2012) (online at
www.state.gov/secretary/20092013clinton/rm/2012/09/197780.htm).
37
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
38
Id.
39
House Permanent Select Committee on Intelligence, Written Statement of Michael Morell, Deputy
Director of the CIA, Hearing on the Benghazi Talking Points and Michael J. Morells Role in Shaping the
Administrations Narrative (Apr. 2, 2014) (online at
https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/MorellSFR04022014.pdf).
40
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 27, 2012, 113th Cong. (Nov. 21, 2014) (online at
http://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
41
Office of the Director of National Intelligence, Statement by the Director of Public Affairs for ODNI,
Shawn Turner, on the Intelligence Related to the Terrorist Attack on the U.S. Consulate in Benghazi, Libya (Sept.
28, 2012) (online at www.dni.gov/index.php/newsroom/press-releases/96-press-releases-2012/731-statement-by-theodni-s-director-of-public-affairs-on-intelligence-related-to-the-terrorist-attack-on-the-u-s-consulate-in-benghazi).
42
Select Committee on Benghazi, Interview of Ambassador Susan Rice (Feb. 2, 2016).
43
Id.
44
Senate Committee on Armed Services, Hearing to Receive Testimony on the Current and Future
Worldwide Threats to the National Security of the United States (Apr. 18, 2013) (online at www.armedservices.senate.gov/imo/media/doc/13-24%20-%204-18-13.pdf).
45
Email from Office of the Director of National Intelligence Official to [Redacted] (Sept. 27, 2012)
(C05415305).
46
House Committee on Government and Oversight Reform, Hearing on The Security Failures of Benghazi,
112th Cong. (Oct. 10, 2012) (online at www.gpo.gov/fdsys/pkg/CHRG-112hhrg79871/pdf/CHRG112hhrg79871.pdf).
47
Select Committee on Benghazi, Interview of Under Secretary for Management Patrick Kennedy (Feb. 3,
2016).
48
Select Committee on Benghazi, Interview of Ambassador Susan Rice (Feb. 2, 2016).
49
Id.
50
Id.
51
Select Committee on Benghazi, Interview of Benjamin Rhodes (Feb. 2, 2016).
52
Id.
53
Id.
54
Id.
55
Id.
56
Id.
57
Senate Select Committee on Intelligence, Review of the Terrorist Attacks on U.S. Facilities in Benghazi,
Libya, September 11-12, 2012, 113th Cong. (2014) (S. Report 113-134) (online at
www.congress.gov/113/crpt/srpt134/CRPT-113srpt134.pdf).
58
Meet the Press, NBC News (Sept. 16, 2012) (online at
www.nbcnews.com/id/49051097/ns/meet_the_press-transcripts/t/september-benjamin-netanyahu-susan-rice-keithellison-peter-king-bob-woodward-jeffrey-goldberg-andrea-mitchell).
59
Id.
60
Id.
61
This Week, ABC News (Sept. 16, 2012) (online at http://abcnews.go.com/Politics/week-transcript-usambassador-united-nations-susan-rice/story?id=17240933).
31
FINDINGS
256
62
Id.
Id.
64
Face the Nation, CBS News (Sept. 16, 2012) (online at www.cbsnews.com/news/face-the-nationtranscripts-september-16-2012-libyan-pres-magariaf-amb-rice-and-sen-mccain/).
65
Id.
66
Id.
67
Fox News Sunday, Fox News (Sept. 16, 2012) (online at www.foxnews.com/on-air/fox-news-sundaychris-wallace/2012/09/16/amb-susan-rice-rep-mike-rogers-discuss-violence-against-americans-middleeast#p//v/1843960658001).
68
Id.
69
Id.
70
State of the Union with Candy Crowley, CNN (Sept. 16, 2012) (online at
http://transcripts.cnn.com/TRANSCRIPTS/1209/16/sotu.01.html)
71
Select Committee on Benghazi, Interview of Ambassador Susan Rice (Feb. 2, 2016).
72
Id.
73
Id.
74
Id.
75
Id.
76
Id.
77
Id.
78
Id.
79
Senate Committee on Foreign Relations, Hearing on Nomination of John F. Kerry to be Secretary of
State (Jan. 24, 2013).
80
Select Committee on Benghazi, Interview of Ambassador Susan Rice (Feb. 2, 2016).
81
Select Committee on Benghazi, Interview of National Counterterrorism Center Director Matt Olsen (Feb.
16, 2016).
82
Id.
83
Id.
84
Id.
85
Id. (emphasis added).
86
Select Committee on Benghazi, Interview of the Spokeswoman for the Permanent U.S. Ambassador to
the United Nations (Feb. 11, 2016).
87
Id.
88
Id.
89
Select Committee on Benghazi, Interview of Deputy to the U.S. Permanent Representative to the United
Nations (Aug. 25, 2015).
90
Select Committee on Benghazi, Interview of National Security Council Assistant Press Secretary
Bernadette Meehan (Dec. 18, 2015).
91
Two individuals, the Libya Desk Officer and the Bureau of Near Eastern Affairs Spokesperson, used the
words off the reservation, while the NEA Communications Officer agreed, stating Yup. Email from Bureau of
Near Eastern Affairs Communications Officer to State Department Officials, RE: Libya PG (Sept. 17, 2012)
(C05580618).
92
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
93
Select Committee on Benghazi, Interview of Bureau of Near Eastern Affairs Communications Officer
(July 29, 2015); Select Committee on Benghazi, Interview of Bureau of Near Eastern Affairs Spokesperson (Oct. 9,
2015).
94
Select Committee on Benghazi, Interview of Bureau Near Eastern Affairs Spokesperson (Oct. 9, 2015).
95
Email from Bureau of Near Eastern Affairs Communications Officer to State Department Officials, RE:
Libya PG (Sept. 17, 2012) (C05580618).
96
Select Committee on Benghazi, Interview of Bureau of Near Eastern Affairs Communications Officer
(July 29, 2015).
97
Id.
98
Select Committee on Benghazi, Interview of Bureau of Near Eastern Affairs Libya Desk Officer (Nov.
18, 2015).
99
Id.
63
FINDINGS
257
100
Gen. Michael Flynn, Trump Military Adviser, Joins Drone Aviation, Newsmax (May 4, 2016) (online at
www.newsmax.com/politics/general-flynn-trump-adviser/2016/05/04/id/727109/). Select Committee on Benghazi,
Interview of Lieutenant General Michael Flynn (Sept. 29, 2015).
101
Id.
102
Id.
FINDINGS
258
TABLE OF CONTENTS
A.
262
B.
263
C.
264
D.
265
E.
266
F.
267
G.
268
271
273
276
281
282
285
Republicans held an 11-hour hearing with Secretary Clinton that was widely
condemned even by conservative commentators.
286
288
Republicans inaccurately claimed the State Department had not provided a single
scrap of paper.
288
289
290
292
294
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
FINDINGS
260
U.
V.
W.
X.
Y.
Z.
295
297
299
Republicans used taxpayer funds to conduct one of the longest and most partisan
congressional investigations in history.
300
Republicans drafted their partisan final report in secret with no input whatsoever
from nearly half of the Select Committees members.
301
Republicans forfeited any credibility by delaying their report until the eve of the
presidential conventions.
302
FINDINGS
261
A.
FINDINGS
262
guys, those Republicans on that panel dont want to bring down Hillary Clinton, youre sixyears-old. Because they do.7
The American public recognizes the political motivation underlying the Select
Committee. A CNN/ORC poll released on October 22, 2015, found that 72% of Americans see
the Select Committee as mostly using its investigative mission for political gain, and 49% of
Republicans said the Select Committee is trying to score political points.8
B.
On September 18, 2014, an anti-Clinton group known as Stop Hillary PAC delivered a
petition with approximately 264,000 signatures urging Chairman Gowdy to subpoena Hillary in
order to uncover the truth about Benghazi and subsequent cover up by the then Secretary of State
and President Barack Obama.9 The group describes itself as created for one reason onlyto
ensure Hillary Clinton never becomes President of the United States.10
The group ran a highly offensive campaign attack ad using an image of Ambassador
Stevens grave without his familys consent to exploit the deaths of the four Americans killed in
Benghazi.11
The treasurer of Stop Hillary PAC previously served as the treasurer of Chairman
Gowdys leadership PAC.12
One day after receiving the petitions, Chairman Gowdy identified Secretary Clinton as
one of the first witnesses he wanted to testify before the Select Committee. Ultimately, he asked
Ranking Member Cummings to contact Secretary Clinton on behalf of the Select Committee to
secure a date for her testimony. Secretary Clinton immediately agreed to cooperate, indicating
her willingness to testify as early as December 2014. Ranking Member Cummings informed
Chairman Gowdy of this fact, and Secretary Clintons attorney confirmed her willingness to
testify as early as December during a joint call with Republican and Democratic staff.13
Chairman Gowdy did not hold the hearing with Secretary Clinton until ten months later,
when he called her to testify as the sole witness at the Select Committees fourth and final
hearing on October 22, 2015.
FINDINGS
263
C.
A week after the Select Committee was established, Chairman Gowdy predicted, if we
overplay our hand or if we engage in a process that is not fair according to the American people,
we will be punished as we should be for that.14
Select Committee Democrats sought to have Committee rules and a fair, bipartisan
process from the outset. On May 21, 2014, Democratic appointees to the Select Committee held
a press conference during which Ranking Member Cummings expressed his profound concern
with draft rules proposed by then-Speaker John Boehner. He stated: I also do not believe the
Select Committee rules proposed by the Speaker are fair, open, or designed to conduct a neutral,
reasoned, fact-based inquiry.15
In expressing his concerns, Ranking Member Cummings described the previous abuses of
Republicans investigating the attacks in Benghazi, including those on the Committee on
Oversight and Government Reform:
They have issued unilateral subpoenas, they have made unsubstantiated
accusations with no evidence to back them up, and they have released selective
excerpts of documents and transcripts that distort the truth. They falsely
accused Secretary of State of misleading Congress about reducing security in
Benghazia claim the Washington Post Fact Checker gave Four Pinocchios.16
On November 24, 2014, Ranking Member Cummings spoke with Chairman Gowdy to
express concerns regarding the increasingly partisan direction of the Select Committees
investigation and to request the Committee adopt rules to ensure that all Membersboth
Republicans and Democratsare able to participate fully in this investigation.17
In response, Chairman Gowdy told Ranking Member Cummings that he wanted to work
together and asked for proposed rules that the Select Committee could consider.18
The next day, Ranking Member Cummings sent a letter to Chairman Gowdy along with a
proposed rules package that was designed to ensure a more transparent, fair, and bipartisan
process that the American people deserve. The proposal sought equal access to documents, fair
selection of hearing witnesses, and bipartisan questioning of potential witnesses. The letter
stated:
[T]o conduct the credible and bipartisan investigation that has been promised
to the American people, we should pursue evidence together. Regardless of
whether it supports allegations or disproves them, we should follow the
bipartisan example of the House Intelligence Committee and share the
complete truth with the public we serve.19
FINDINGS
264
These basic rules would have allowed Democrats to meaningfully participate in all the
Committees investigative activities. However, Chairman Gowdy rejected these Democratic
proposals.
Ultimately, Chairman Gowdy never adopted any rules for the Select Committee,
including those proposed by Speaker Boehner, by Democrats, or by anyone else.
D.
The Select Committee was created by House Resolution 567 on May 8, 2014, without
any time limit, target date for its report, or budget.20 Nearly eight months after it was created, the
Select Committee was reauthorized as part of a must-pass rules package for the 114th Congress
on January 6, 2015.21
The Select Committees extension was included in a bill that also required new Members
to complete mandatory ethics training within 60 days and prohibited lobbyists who are former
Members from using the Members gym.22 There was no meaningful opportunity to debate the
provision to extend the Select Committee, nor was any update provided to House Members on
the progress of the Select Committee. No Democratic Members of the House voted in favor of
reauthorizing the Select Committee.23
On February 6, 2015, the Democratic Members of the Select Committee sent a letter to
the Committee on House Administration expressing concern over the irregular and secretive
funding process for the Select Committee. The letter stated:
After already spending more than eight months and nearly $1.8 million on the
Benghazi Select Committee, there should now be an opportunity to have a
public debate about the amount of additional time and money this Congress
plans to spend on its eighth investigation into the attacks in Benghazi. Since
House Republicans reauthorized the Select Committee with yet another blank
check, we ask that you include the Select Committee in your public hearings to
discussin a transparent waythe expected costs to the American public and
how Congress intends to pay for those costs.24
That request was never granted, and Republicans have continued to fund the Select
Committee without any public debate or accountability. To date, the Select Committee has spent
more than $7 million in taxpayer funds over its more than two years.
FINDINGS
265
E.
When the Select Committee was established, House Speaker John Boehner explained that
a Select Committee was needed because there are so many unanswered questions about the
attacks.25
However, seven prior congressional investigations and the independent Accountability
Review Board (ARB) had already interviewed dozens of witnesses, reviewed tens of thousands
of pages of documents, conducted numerous briefings, and held multiple hearings. These
investigations resulted in nine classified and unclassified reports, and the Select Committee had
access to their materials, including interview transcripts and thousands of pages of documents.26
In order to ensure that the Select Committee was efficient with its time and taxpayer
funds, Democrats spent the first two months of this investigation reviewing these materials and
then released a website on September 16, 2014, entitled Benghazi on the Record.
The website includes an interactive Asked and Answered Database of more than 200
questions and statements by Members of Congress that were addressed in previous investigative
reports, interviews, and hearings. The database links to original sources, and is searchable by
keyword, date, and Member of Congress.27
Democrats also released a 133-page Compendium of Investigative Resources that
addressed each question in greater detail based on the wide range of existing investigative
resources, including reports, interview transcripts, and hearing testimony.
As Ranking Member Cummings stated at the time:
My hope is that our efforts herewith Benghazi on the Recordwill help the
Select Committee define its scope. We need to make full use of all the
extensive investigations that have come before us. We need to avoid
duplication, conserve taxpayer dollars, and help improve the security of U.S.
facilities and personnel around the world.28
On November 11, 2014, Chairman Gowdy appeared on Fox News and stated: We have
a very robust investigative plan that will kick off in December.29 However, as Ranking
Member Cummings wrote in a December 2, 2014, letter to the Chairman, the Republican plan
simply revisited many questions that other congressional investigations have already
answered.30
On December 10, 2014, Democrats held a lengthy meeting with Chairman Gowdy prior
to the Select Committees hearing on that day to discuss their concerns and the path forward. As
a result of that meeting, Chairman Gowdy agreed to narrow the scope of the Select Committees
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work and adopt official rules. Ranking Member Cummings noted this agreement during the
hearing:
I appreciate you, Mr. Chairman, for our discussion where you have agreedby
the end of the yearto give us a scope as to exactly what we will be looking
at. And hopefully we will be able to come to conclusions about what we agree
on, so that we can focus on the things that we still need to investigate.31
On December 31, 2014, Republicans provided Democrats with their investigative plan to
hold 11 hearings between January and October 2015 on a variety of topics relating to the
Benghazi attacks.32 However, that plan was never adopted by the Committee and was quickly
abandoned by Republicans.
On January 26, 2015, Chairman Gowdy asserted that the Benghazi on the Record website
instantly prejudged facts that are not yet in evidence, when it did exactly the opposite,
compiling the evidence that had already been collected by the previous investigations and had
become part of the Select Committees record through its authorizing resolution.33 Chairman
Gowdy refused to narrow the Select Committees scope in any way, explaining: Given the
gravity of the issues at hand, I am willing to risk answering the same question twice rather than
not answering it once.34
F.
On December 31, 2014, Republicans provided Democrats with their plan to hold 11
hearings between January and October 2015 on a variety of topics relating to the Benghazi
attacks.35 The planned hearings included testimony not only from Secretary Clinton, but also
from the Secretary of Defense and the Deputy Director of the CIA, as well as numerous other
officials with information about the response to the attacks in Benghazi.
Month
January
February
March
April
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May
June
July
September
October
Instead of following through on this plan, Chairman Gowdy abandoned it after the New
York Times published a report about Secretary Clintons emails in early March 2015. Over the
following nine months, 22 of the 27 press releases appearing on the Select Committees Majority
webpage focused on Secretary Clinton.
As a result, during its more than two years, the Select Committee held a total of four
hearings, with two coming at the request of Democrats:
(1)
(2)
(3)
(4)
The Select Committee has failed to hold a single public hearing in the eight months since
its October 22, 2015 hearing with Secretary Clinton.
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Democratic Members and staff have now been excluded from at least five
witness interviews that I am aware of, and the significance of these interviews
was downplayed after a key witness failed to corroborate allegations we are
investigating.36
On September 15, 2014, an article in The Daily Signal reported that Raymond Maxwell,
the former Deputy Assistant Secretary of State for Maghreb Affairs, had come forward with a
startling allegation.37 Specifically, the report claimed that Hillary Clinton confidants were part
of an operation to separate damaging documents before they were turned over to the
Accountability Review Board.38 The article identified the confidants as Chief of Staff Cheryl
Mills and Deputy Chief of Staff Jacob Sullivan.39
According to this account, employees were instructed to review documents and pull out
anything that might put senior officials in a bad light. The article also stated that Mr.
Maxwell said that he couldnt help but wonder if the ARBperhaps unknowinglyhad
received from his bureau a scrubbed set of documents with the most damaging material
missing.40
The report also described an incident in which Ms. Mills and Mr. Sullivan allegedly
checked in on the operation and came into contact with Mr. Maxwell:
When Cheryl saw me, she snapped, Who are you? Maxwell says. Jake
explained, Thats Ray Maxwell, an NEA deputy assistant secretary. She
conceded, Well, OK.41
Several conservative press outlets immediately seized on The Daily Signals report to
claim that former aides to Secretary Clinton ordered the destruction of documents to prevent
Congress and the ARB from ever seeing them.42
On October 17, 2014, Chairman Gowdy was interviewed on Fox News by Greta Van
Susteren, who asked if he believed Mr. Maxwells allegation that documents were tossed out.
In response, the Chairman stated:
What you would do is what Im going to do Greta, and that is, give Mr.
Maxwell an opportunity to say what he perceived to happen and hes going to
have to give us the names of the other people who were involved and then
were going to give them an opportunity to say whether or not they have a
different perspective. Its going to be an investigation. And if there is a
dispute as to what happened then well let your audience decide who has more
credibility.43
At the time Chairman Gowdy made this statement, however, his staff had already
interviewed Mr. Maxwell without including, inviting, or even notifying Democratic Members or
staff. Mr. Maxwell apparently identified for Republican staff a second witness that he claimed
was present during this document review at the State Department. Mr. Maxwell identified this
person as someone who could corroborate his allegations and someone he believed to be
credible.
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Then, on October 16one day before Chairman Gowdy appeared on Fox Newshis
staff interviewed this second witness, again without including Democrats. However, this second
witness did not substantiate Mr. Maxwells claims. To the contrary, he did not recall ever having
been in the document review session Mr. Maxwell described, he said he was never instructed to
flag information in documents that might be unfavorable to the Department, and he testified that
he never engaged in or was aware of any destruction of documents.
Democrats did not discover any of this information from Chairman Gowdy or his staff,
but from the witnesses themselves. When Democratic staff inquired with Republican staff about
what they learned from the witness identified by Mr. Maxwell, they stated that the witness did
work at the State Department during this period. Beyond that, however, they reported: We
learned nothing else of note in our discussion, so we dont plan to conduct any additional follow
up.44
Ranking Member Cummings explained his concerns with that approach:
I am sure you understandas a former prosecutorthat evaluating the
credibility of witnesses and their allegations depends on whether the
information they provide can be corroborated. Although your staff stated that
they learned nothing of note, in fact they learned that this claim was not
substantiated by a key witness. If our goal is the truth and not a preconceived
political narrative, these interviews should have been conducted jointly, with
both Democrats and Republicans present.45
Ranking Member Cummings requested that the Committee hold a vote in December
to adopt Committee rules to ensure that all Membersboth Republicans and Democratsare
able to participate fully in this investigation, including in witness meetings and interviews.46
He also suggested that the Select Committee follow the bipartisan example of the House
Permanent Select Committee on Intelligence (HPSCI), pursuing evidence together and
sharing the complete truth with the American public when that evidence disproves allegations.
Not only did the Select Committee fail to vote on rules in December 2014, but they
continued to investigate those claims that had already been repeatedly debunked, such as the
allegation that U.S. had been using the facilities in Benghazi to illegally transfer weapons
from Libya to Syria. On January 23, 2015, Ranking Member Cummings expressed concern
again about this practice:
I have recently learned that you have chosen to disregard the statements of
someone who has firsthand information relevant to allegations that you
continue to investigate and discuss publicly. Among other things, she has
confirmedbased on her expertise and personal experience in Benghazi in the
time period immediately before the attacksthat there was no illegal transfer
of weapons from Libya to Syria. In fact, she said that the bipartisan report of
the House Permanent Select Committee on Intelligence (HPSCI) should have
been stronger in its language making this point. In its report, HPSCI
concluded that eyewitness testimony and thousands of pages of CIA cables
and emails that the Committee reviewed provide no support for this
allegation. Instead of crediting her testimony to help put this previously
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First, the source claimed that Secretary Clinton wrote Thanks, Im pushing to WH
in response to an email from Mr. Blumenthal on October 10. In fact, she did not
make that statement in response to that email. Secretary Clinton was responding to a
completely different email more than a week earlier, on October 1.
Second, the source claimed that Secretary Clinton was responding to a suggestion
from Mr. Blumenthal that Philippe Reines circulate links to four Media Matters
articles that refuted the way the right-wing media was covering Republican
statements about the Benghazi attacks. In fact, Secretary Clinton was responding to
an email from Mr. Blumenthal forwarding an article from Salon.com reporting that
Republicans were planning to claim inaccurately during the presidential debates that
the White House had advance knowledge about the Benghazi attacks and failed to act
on it. The article included no reference to Mr. Reines at all.
Third, the source claimed that the email from Secretary Clinton with the remark,
Thanks, Im pushing to WH was not turned over by the State Department. In fact,
that email was turned over to the Select Committee by the State Department on
February 13, 2015, marked with Bates number STATE-SCB0045548SCB0045550. At the time the Politico article was published, the Select Committee
had had that email for four months.51
The source apparently took an email that was produced to the Select Committee in
February, isolated Secretary Clintons statement about the White House, removed it from the
original email exchange about the presidential debates, and then added it to a different email
exchange involving Media Matters. The source then apparently misrepresented that the State
Department had withheld this new hybrid document from the Select Committee.
It appears that this source fed Politico an inaccurate characterization of these emails and
that Politico accepted this mischaracterization without obtaining the emails themselves. Politico
was forced to correct its front-page story.52
Democrats raised concerns about these anonymous, inaccurate leaks, but Chairman
Gowdy refused to investigate or condemn them.53 Democrats also objected to the selective
release of Mr. Blumenthals emails because Republicans refused to release the transcript of his
deposition at the same time, as described below.
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I.
Sidney Blumenthal has been a friend and informal aide to President Bill Clinton and
Secretary Clinton for more than 20 years and served in the White House from 1997-2001.54
Chairman Gowdy acknowledged that Committee Republicans never expected Mr. Blumenthal
to provide information about the attacks in Benghazi. He wrote:
The Committee never expected Witness Blumenthal to be able to answer
questions about the attacks in Benghazi, Libya since Witness Blumenthal was
(1) not in Libya at the time of the attacks, (2) has never been to Libya, (3) did
not collect any of the data passed on to Secretary of State Clinton, (4) did not
evaluate the reliability or accuracy of any information he passed on to
Secretary Clinton and (5) was dealing with information gatherers who may
have had a financial interest in Libya.55
Despite these facts, Chairman Gowdy issued a subpoena on May 19, 2015, to compel Mr.
Blumenthal to appear before the Select Committee for a deposition. He issued this subpoena
unilaterallywithout any debate or vote by Select Committee Membersand he sent two armed
U.S. Marshals to serve this subpoena on Mr. Blumenthals wife without ever sending him a letter
requesting that he participate in a voluntary interview, which he would have accepted.56
Chairman Gowdy also took this action just weeks after claiming he would not subpoena a
cooperative witness, stating: [I]t just seems a little heavy-handed, to slap a subpoena on a
former cabinet-level official, regardless of which party. If they are willing to come, then work
with them on the date.57
During Mr. Blumenthals deposition on June 16, 2015, Republicans spent nearly nine
hours asking hundreds of questions completely unrelated to the attacks in Benghazi. These
included more than 270 questions about Mr. Blumenthals alleged business activities in Libya,
160 questions about Mr. Blumenthals relationship and communications with Secretary Clinton,
more than 50 questions about the Clinton Foundation, and 45 questions on Media Matters, its
founder David Brock, and affiliated entities.58
By contrast, Republicans asked fewer than 20 questions about the Benghazi attacks, four
questions on security in Benghazi, and no questions at all on the Benghazi Special Mission,
Ambassador Stevens, or other personnel in Benghazi.59
Since Republicans conducted Mr. Blumenthals interview as a deposition, House Rules
allowed Republicans to block the release of his transcript. Republicans refused multiple requests
by Democrats to release Mr. Blumenthals deposition transcript to allow the public to see how
they asked questions that were completely unrelated to Benghazi, but that were designed to
attack Secretary Clinton for political reasons.
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After more than 100 days of ignoring Democratic calls to release Mr. Blumenthals
transcript, Democratic Members forced a vote on the release of the full transcript at the October
22, 2015 hearing with Secretary Clinton, and Republicans officially voted to block its public
release.60
If released, the transcript would show that Republicans asked Mr. Blumenthal questions
about his relationship with Media Matters, David Brock, and Correct the Record:*
Q:
Did you ever receive any payment from an organization called Media Matters?
A:
Oh, yes. I didI did receive payment in that period from Media Matters.
Q:
Okay. And what was your relationship with Media Matters at that time period?
A:
Q:
Thats okay.
A:
I overlooked that.
Q:
A:
Q:
Okay. And how did that come about, that you became a consultant for Media
Matters?
A:
I have had a very long friendship with the chairman of Media Matters, whose
name is David Brock, from before he founded this organization, and I have
sustained that friendship. And he asked me to help provide ideas and advice to
him and his organizations.
Q:
So you began your relationship, your paid relationship, with Media Matters at the
end of 2012.
A:
Right.
Q:
A:
It does.
Q:
Okay. And what is your salary or your contract with Media Matters? How much
money are you earning from them?
A:
Q:
And has that been roughly consistent from when you began receiving payment
from Media Matters?
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A:
I would say itsId have to check. I think its increased a little bit. Its
increased some.
Q:
A:
Yes.
Q:
Have you received any compensation from American Bridge over the last 5
years?
A:
Yes.
Q:
Okay. And how much compensation have you received from American Bridge?
A:
Well, when I talk about that amount of money, I mean all of those organizations.
Q:
A:
Right.
Q:
A:
About.
Q:
Okay.
A:
Q:
A:
Yes.
Q:
A:
Right.
Q:
Are there any other organizations on which you have done work for Mr. Brock?
A:
Q:
Okay.
A:
is another organization.
Q:
Okay.
A:
Q:
So, when you receive your paycheck, who signs the paycheck? Where does that
come from?
A:
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Q:
A:
Republican Select Committee Member Mike Pompeo had the following exchange about
Correct the Record:
J.
Q:
Fair enough. Im going to jump around a little bit. You said I think earlier this
morning that you still are working for Correct The Record?
A:
I am.
Q:
A:
Q:
Including this committee. If this committee said something, Correct The Record
might comment on things that it said incorrectly and indeed it has?
A:
Q:
A:
No.
Q:
Yeah. So you havent made any comments as part of your role in Correct The
Record related to this committees work? You havent written any
A:
On October 18, 2015, Chairman Gowdy appeared on CBS Face the Nation and stated
that he had zero interest in the Clinton Foundation and other topics related to Secretary
Clinton. He stated:
There are other folks who may have equities in her e-mails and there may be
other entities who are evaluating her e-mails. But my interest in them is solely
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making sure that I get everything Im entitled to, so I can do my job. The rest
of it, the classification, Clinton Foundation, you name it, I have zero
interest in, which is why you havent seen me send a subpoena related to it
or interview a single person, other than Bryan Pagliano, because I need to
know that the record is complete.63
Despite this assertion, Chairman Gowdy had issued a unilateral subpoena to Mr.
Blumenthal for his deposition months earlier, personally attended the deposition, and personally
asked Mr. Blumenthal about his work for the Clinton Foundation. They had the following
exchange:
[Redacted]__________________________________________
[Redacted]________________________________
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_______________________________________
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_________________64*
Republican Select Committee Member Susan Brooks also asked Mr. Blumenthal about the
Clinton Foundation:
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[Redacted]___________65*
Republican Select Committee Member Peter Roskam also asked about the Clinton
Foundation:
[Redacted]______________________________________________________
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[Redacted]______________________________________________________
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_________66*
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Did you ever, in that process, attempt to exert influence over the
direction of the ARBs investigation?
281
A:
No.
Q:
Did you ever try todid Secretary Clinton ever try to exert influence
over the direction of their investigation?
A:
No.71
Ms. Mills explained that Secretary Clintons objective was to select ARB members who
could give hard medicine if that was what was needed. She added that the team would speak
whatever were their truths or observations to the Department so that we could learn whatever
lessons we needed to learn.72
The same September 3, 2015 Politico story also inaccurately suggested that Ms. Mills
questioned the accuracy of Ambassador Susan Rices public statements on the Sunday talk
shows after the attacks in Benghazi. The article stated: according to a separate Republican
source, she said she didnt know why Rice went on TV to make such claims.73
During her interview, Ms. Mills made clear that she never questioned the accuracy of
Ambassador Rices statements. Instead, she explained that she did not participate in
Ambassador Rices preparation for the interviews:
I dont know the answer to that question. I know that she had received
preparation materials and points, and Im assuming that thats how she relied
on them and she relied on them to relate what she related on the program. But
I dont know, because I didnt participate in her prep or in the materials for her
prep.74
In order to correct the public record after these selective and inaccurate leaks, the
Democratic Members of the Select Committee released the full transcript of the interview of Ms.
Mills on October 21, 2015.75 Democrats explained:
We do not take this action lightly. We have held off on taking such action for
more than a year, but we will no longer sit and watch selective, out-of-context
leaks continue to mischaracterize the testimony the Select Committee has
received.76
L.
In apparent retaliation for Democrats decision to release the full transcript of the
Select Committees interview of Cheryl Mills to correct the public record, Republicans began
withholding copies of Committee interview transcripts from Democratic Members and staff in
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February 2016. This retaliation violated House Rules and made it exceedingly difficult for
Democrats to use those transcripts in this report.
House Rules require that Democratic Members and staff shall be accorded equitable
treatment with respect to the accessibility of committee records.77 Prior to February, the
Select Committee had followed the agreed-upon practicewhich is also the practice in other
committees where transcribed interviews are conductedfor House stenographers to deliver
duplicate copies of transcripts to the Republican offices, and for the Republican staff to
forward Democrats their copy.
In February, Republican staff began restricting access of Democratic staff to
reviewing only paper copies of the transcripts, during designated times determined by
Republican staff, and often in Republicans office space with Republican staff monitoring
them. However, Republicans did not impose the same restrictions on their own staff, who had
access to electronic copies of the transcripts at any time at their computers.
Republicans refusal to provide Democrats with copies of these transcripts impaired
Democrats ability to conduct their work, including preparing the Democratic Views to the
Select Committees final report.
Republican staff repeatedly denied Democratic staff requests to review transcripts at
times requested by Democratic staff. In those instances when Democratic staff members were
permitted to review transcripts, they were forced to copy, sometimes by hand, notes and
quotations from the transcripts. This process was tedious, time consuming, and a waste of
taxpayer resources.
In a March 16, 2016, letter, Chairman Gowdy explained that he was withholding those
interview transcripts from Democrats because he feared that Democrats might release more of
them in response to his own unilateral releases. He wrote: Committee transcripts will not
leave the Majoritys control due to the Minoritys stated intention to release them at will.78
Some of these transcripts being withheld refute Republican narratives or counter
accusations against key administration officials.
For example, Republicans have withheld a copy of the transcript of the Committees
interview with former CIA Director Petraeus during which he told the Committee that to this
day, he is still unable to determine definitively whether a protest preceded the attacks in
Benghazi. He stated:
And to be perfectly candid with you, Im still not absolutely certain what
absolutely took place, whether it was a mix of people that are demonstrating
with attackers in there, whether this is an organized demonstration to launch an
attack, whetherbecause youll recall, theres a lot of SIGINT [signal
intelligence] that we uncovered that very clearly seemed to indicate that there
was a protest and it grew out of the protest.79
He also explained:
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And there is a video of what took place. And they are just basically milling
around out there. So if this is an attack, you know, maybe they rehearsed it to
look like a protest, but maybe it was actually a mix. And so, again, Im still
not completely set in my own mind of whatand to be candid with you, I am
not sure that the amount of scrutiny spent on this has been in the least bit worth
it.80
Republicans also withheld a copy of the transcript of the Committees interview with
Ambassador Rices former spokeswoman with the U.S. delegation to the United Nations, who
played a key role in preparing Ambassador Rice for the Sunday shows and staffed her at those
shows. That staffer corroborated Ambassador Rices testimony to the Select Committee, and
refuted Republican allegations that Ambassador Rice or others tried to lie or mislead the
American public about the attacks. In that withheld transcript, she explained:
Q:
A:
I was not.
Q:
A:
Its frustrating. And I think those of us who give our lives to public
service expect more. And I also think it does a disservice to our
colleagues whose lives were lost to perpetuate conspiracy theories.81
I thought it was [the original individual he named], but it may have been
that woman who was also an intern. I rememberI recall an intern
being there with [the Deputy Office Director]. And over time, memory
fades.
Q:
So youre not sure as you sit here today whether it was a male or female
who was the intern?
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A:
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N.
The culmination of Republican efforts to target Secretary Clinton was the 11-hour
hearing the Select Committee held with her on October 22, 2015. Despite three full rounds of
extended questioning by all 12 Select Committee Members, the only clear takeaway from the
hearing was the Republicans partisan zeal to harm Secretary Clinton politically, rather than a
neutral and dispassionate effort to obtain the facts.
Chairman Gowdy invited only Secretary Clinton to testify at the hearing, despite the fact
that the Defense Department and the Intelligence Community also played key roles in the
response to the attacks, and despite the fact that his own hearing plan called for public testimony
from those agencies. As Ranking Member Cummings pointed out during the hearing:
Since January, Republicans have canceled every single hearing on our
schedule for the entire yearexcept for this one with Secretary Clinton. They
also canceled numerous interviews that they had planned with Defense
Department and CIA officials.
Instead of doing what they said they were going to do, Republicans zeroed in
on Secretary Clinton, her speechwriters, her IT staffers, and her campaign
officials. This is what Republicans didnot Democrats. ...
Madam Secretary, you are sitting here by yourself. The Secretary of Defense
is not on your left, and the Director of the CIA is not on your right. Thats
because Republicans abandoned their own plans to question those top officials.
During the hearing, Chairman Gowdy devoted an entire line of questioning to Sidney
Blumenthal and his name was invoked more than 45 times by Republican Select Committee
Members.88
The Select Committees hearing with Secretary Clinton was widely condemned, even by
many Republicans.
Presumptive Republican presidential nominee Donald Trump called the hearing a total
disaster that was not good for Republicans and for the country. He also tweeted: Face it,
Trey Gowdy failed miserably on Benghazi. He then referred to the Chairman as Benghazi
loser Gowdy.89
Conservative commentator Ann Coulter called the investigation a big fat flop and
conservative columnist Charles Krauthammer asked, [h]ow could the Republicans have blown
it so badly?90
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Conservative blogger Erick Erickson of RedState.com called the hearing a carnival road
show and a waste of time because everything about it is politicized and nothing is going to
happen. There will be no scalp collection.91
Former Republican Congressman Joe Scarborough called the hearing a very bad day for
Trey Gowdy and the Republicans.92
Conservative columnist Stephen Hayes of The Weekly Standard expressed admiration for
Secretary Clinton in the face of Republican attacks:
And it must be said: She was impressive. Clinton was unflappable even as
some Republicans on the panel took gratuitous shots at her, spun personal
theories about her motives, and even questioned whether she cared about the
fate of the survivors of the attacks.93
Following the hearing, the New York Times Editorial Board described the Select
Committees investigation as a wasteful and counterproductive exercise that accomplished
nothing.94
The Washington Post Editorial Board called the hearing unfortunate, arguing that the
Select Committee had further discredited itself as its Republican members attempted to fuel
largely insubstantial suspicions about Hillary Clintons role in the 2012 Benghazi attacks.95
CNN reported that it did not appear to include any major new revelations on what
happened in Benghazi or Washington on the night of the attack, but instead highlighted the
extent to which partisanship has shaped the investigation.96
When asked by a reporter after the hearing about what new information the hearing had
uncovered, Chairman Gowdy was unable to point to any new information that came to light:
I think some of Jimmy Jordans questioningwell, when you say new today,
we knew some of that already. We knew about the emails. In terms of her
testimony? I dont know that she testified that much differently today than she
has the previous time she testified.97
Within 24 hours of receiving some of this withering criticismbut 533 days after the
Committee was establishedChairman Gowdy finally invited former Secretary of Defense Leon
Panetta and former CIA Director David Petraeus to appear before the Committee in private,
closed-door interviews.98
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P.
On May 14, 2015, Chairman Gowdy wrote a letter to Secretary of State John Kerry,
claiming that the only thing standing between the Committee and the former Secretary being
able to discuss her tenure as Secretary of State as it relates to Libya and Benghazi is the
Department of States failure, in more than half a year, to produce a single, solitary email
responsive to our request and subpoena.104
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The following day, on May 15, 2015, Chairman Gowdy appeared on Fox News to argue
that the State Department was intentionally obstructing the Select Committees investigation:
It is a conscious decision not to cooperate with a legitimate congressional
inquiry I dont want the drama. I want the documents. Theyve had half a
year and I have not gotten a single, solitary scrap of paper.105
On May 21, 2015, PolitiFact rated Chairman Gowdys claim Mostly False after noting
that the Select Committees own interim report in 2015 stated that the State Department provided
850 pages of documents months earlier:
The House Benghazi Committees own report notes that in response to a
November 2014 request for emails from Clinton and her top aides, the State
Department has produced 850 pages of Clintons emails.106
PolitiFact also noted that the State Department argues that Clintons emails were top
priority, that many of the staffers emails have been provided in previous document requests, and
that their response time is limited by department resources.107
In fact, the State Department had, at that time, also produced documents in response to
the January subpoena for the ARBs records, which also contained emails and documents
identified in the Committees March 4, 2015 subpoena.108
In light of these facts, Ranking Member Cummings released the following statement:
Republicans are on a fishing expedition for anything they can use against
Secretary Clinton in her presidential campaign, and every time they come back
empty-handed, they extend their trip at taxpayer expense. The Committee has
had Secretary Clintons emails for months. This new claim that the
Department has not produced a single responsive document is completely
baseless and appears to be yet another excuse to drag out Secretary Clintons
testimony until closer to the election.109
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could any of the other committees have completed their work properly without access to the
senior person on the grounds emails?111 A few days later, Republican Select Committee
Member Rep. Westmoreland went even further, claiming:
Wouldnt you want to know the emails of the guy that was there that was
murdered and what he had asked for as far as help from the people he worked
for? Weve just now gotten those emails. We have just now gotten them.
Nobody else had requested them. I havent had a chance to read them. We
didnt get them until the day before yesterday.112
In fact, Congress already had access to many of Ambassador Stevens emails for years.
Select Committee Democrats revealed that the approximately 25,000 pages of documents
previously produced to Congress had been delivered to the Select Committee and contained
emails from Ambassador Stevens. Some of these emails from Ambassador Stevens included:
R.
an August 19, 2011, email exchange between Special Envoy Stevens and the Deputy
Director of the Office of Maghreb Affairs about the logistics of providing security for
a temporary duty officer to be assigned to eastern Libya (C05392462);
a September 6, 2011, email from Special Envoy Stevens explaining why he felt it was
important to maintain a U.S. presence in Benghazi (C05389447);
a June 12, 2012, email exchange between Ambassador Stevens and the Director of
the Office of Maghreb Affairs about the security situation in Benghazi (C05409960);
a June 13, 2012, email exchange between Ambassador Stevens and State Department
spokesperson Victoria Nuland about the Departments public statements in light of
recent violence in Libya (C05391866);
an August 30, 2012, email exchange between Ambassador Stevens and the Principal
Officer in Benghazi discussing a press report about the security situation in Benghazi
(C05397290); and
a September 8, 2012, email exchange between Ambassador Stevens and the Political
Officer in Tripoli discussing a schedule for Ambassador Stevens upcoming travel to
Benghazi (C05395356).113
In May 2013, an individual who identified himself as John from Iowa called into Sean
Hannitys radio show explaining that he was a drone camera operator on the night of the attacks
in Benghazi.114 Chairman Gowdy waited until February 26, 2016659 days after the Select
FINDINGS
290
Committee was establishedto request that the Pentagon find John from Iowa and make him
available for an interview.115
On April 28, 2016, the Assistant Secretary of Defense for Legislative Affairs wrote
a letter to Chairman Gowdy expressing concern about the recent crescendo of new requests
coming from Select Committee Republicans, despite repeated assurances that their work was
almost complete, and requested a meeting. The letter stated:
The number and continued pace of these requests since February 2016 are in
tension with your staffs statements that the Committee expects to finish its
investigation in the near term. ... [W]e are concerned by the continuous threats
from your staff to subpoena witnesses because we are not able to move quickly
enough to accommodate these new requests. Subpoenaing our service
members, when the Department is working diligently to accommodate your
requests and when no service member has refused to appear voluntarily, is
unfair to our uniformed men and women and an unproductive way forward.116
The Assistant Secretary of Defense explained that some of the Select Committees
requests were for individuals who seem unnecessary even for a comprehensive investigation.
For example, he expressed concern that the Department had expended significant resources to
locate anyone who might match the description of this person [John from Iowa], to no avail.
He explained that the Department tried to accommodate the Select Committees request for all of
the drone pilots and sensor operators, which resulted in a time-intensive search that required
DoD to locate another half-dozen current and former service members. He explained that the
Pentagon believed that the interview of those individuals was unnecessary since they had
already provided access to the actual video from the drones more than a year earlier, and it
remains unclear what additional information could be gained from these interviews.117
Nevertheless, Chairman Gowdy pressed ahead and demanded that the Defense
Department find John from Iowa. Although Republicans waited more than 21 months to
request the interview with John from Iowa, the Pentagon identified him in three months and
then made him available for an interview with the Select Committee on June 9, 2016.
The Select Committee determined that John was the individuals middle name rather
than his first name, which likely contributed to the Pentagons difficulty in locating him. During
his interview, this individual offered virtually no new information. In fact, he confirmed that
there was nothing he could see in his role as a sensor operator that could not be seen from the
video footage, and that the footage itselfnot his memory of it more than three years later
would show the best evidence of what occurred that night.
On June 10, 2016, the day after the Select Committees interview with John from Iowa,
Chairman Gowdy subpoenaed the Assistant Secretary of Defense, suggesting that serious
questions have arisen with respect to this matter, including whether they are related to
incompetence or deliberate concealment of the witness from a congressional inquiry.118
In response to this abusive, retaliatory subpoena, Ranking Member Cummings issued the
following statement:
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291
S.
FINDINGS
292
Three days before the Select Committees October 22, 2015, hearing with Secretary
Clinton, the Washington Post reported on newly discovered links between Chairman Gowdy and
Stop Hillary PAC.127 One week earlier, the same group aired a highly offensive new attack ad
using images of Ambassador Stevens gravewithout his familys permissionand exploiting
the deaths of four Americans to damage Secretary Clintons bid for president.128
The Post article included several new revelations:
Chairman Gowdys leadership PAC, Themis, shared the same treasurer as Stop
Hillary PAC since 2013, an outspoken political operative and Clinton opponent
named Dan Backer.
Mr. Backer also served as treasurer on three other PACs that each donated $2,000 to
Gowdy for Congress in April. Only after being confronted with these facts by the
Washington Post did Chairman Gowdy return these donations.
In September 2015, Stop Hillary PAC spent $10,000 on robocalls and other efforts in
support of Chairman Gowdy.129
On May 16, 2013, Mr. Backer filed a Statement of Organization for Stop Hillary PAC
with the Federal Election Commission. Mr. Backer signed as the groups treasurer and listed
Access National Bank in Chantilly, Virginia as its bank of record.130
On August 14, 2013, Mr. Backer filed another Statement of Organization for a leadership
PAC called Themis PACon behalf of Chairman Gowdy. Mr. Backer also signed this
document as the groups treasurer and listed the same bank of record in Virginia.131
Mr. Backer is also listed as treasurer on three other PACs that each donated $2,000 to
Chairman Gowdy in April 2015:
On April 27, 2015, Tea Party Leadership Fund (Treasurer: Dan Backer) contributed
$2,000 to Trey Gowdy for Congress.132
On April 27, 2015, Special Operations Speaks PAC (Treasurer: Dan Backer)
contributed $2,000 to Trey Gowdy for Congress.133
On April 27, 2015, Conservative Action Fund PAC (Treasurer: Dan Backer)
contributed $2,000 to Trey Gowdy for Congress.134
FINDINGS
293
A September 2015 profile of Mr. Backer in New York Magazine says this:
We do stuff that is probably tasteless to some people, but we think its
hilarious. When I asked him what he meant, he popped open his laptop and
offered a sneak peek at an unaired Stop Hillary PAC ad.
Backer points to the 400,000 signatures on the Benghazi petition as evidence
of the support behind the Stop Hillary PAC, and he says it will mobilize
supporters in increasingly public campaigns this fall. We have a particularly
large project that were going to be rolling out. The RNC could never, ever do
it, he says. Our volunteers will fight because they see Hillary as an
existential threat. Its called Operation Black Box. This, he promises,
sounding very sure of himself, is the thing thats going to do Hillary in.137
In April 2015, the Republican National Committee issued an attack ad #StopHillary that
also referenced Benghazi.138
T.
FINDINGS
294
U.
During the Select Committees October 22, 2015 hearing with Secretary Clinton that was
widely condemned even by conservative commentators, Republican Members alleged that
Secretary Clinton was more accessible to her friends than she was to Ambassador Stevens.
For example, Representative Pompeo had this exchange with Secretary Clinton:
Q:
Ambassador Stevens did not have your personal email address. Weve
established that.
A:
Q:
A:
Q:
Did that
A:
Q:
A:
Q:
A:
No. I dont think any ambassador has ever asked me for that.
Q:
A:
Q:
Mr. Blumenthal had each of those and did each of those things. This
man upon whom provided you so much information on Libya had access
to you in ways that were very different than the access that a very senior
diplomat had to you and your person.141
FINDINGS
295
FINDINGS
296
access to senior officials than does any direct cell phone number and can track
down Department principals anytime, anywhere. Certain forms of immediate
cables can receive rapid attention and be distributed more broadly than emails,
something important when an ambassador seeks to hold the system
accountable for a response.146
The letter concluded:
We believe that maintaining bipartisan consensus on our countrys foreign
policy is a paramount national interest. From that perspective, we urge that the
Committee take the above considerations in mind as it examines actions taken,
or not taken, during the tragic occurrences of September 11, 2012.147
Select Committee Republicans never responded to or even acknowledged receipt of this
letter.
V.
Democratic Members have long sought to direct the focus and resources of the Select
Committee on improving the safety and security of U.S. personnel serving overseas. In
particular, they have stressed the importance of fully implementing the recommendations issued
by the independent Accountability Review Board (ARB) in December 2012.
Chairman Gowdy agreed to hold two hearings on this topicthe first proposed by
Democratic Member Adam Schiff and the second proposed by Ranking Member Cummings. At
the Select Committees first hearing on September 17, 2014, on implementation of the ARBs
recommendations, Ranking Member Cummings stated:
Today, we have an opportunity to focus on reform. How can we learn from the
past to make things better in the future? I sincerely hope the Select
Committee will stay on the course of constructive reform and keep this goal as
our North Star. It would be a disservice to everyone involved to be lured off
this path by partisan politics. I remind my colleagues that this is our watch.
I said to the Chairman before we started, this is bigger than us. The things that
we do today and over the next few months will have lasting effects even when
we are gone on to heaven, and that is how we have to look at this. And so we
prepare not only for the present, but we prepare for the future and generations
unborn.148
Representative Schiff echoed this sentiment shortly after being appointed to the Select
Committee:
FINDINGS
297
We must keep our focus where it should have been all alongon the deaths of
those four brave Americans, on finding those responsible and bringing them to
justice, and on implementing changes to our overseas security to make sure
this never happens again.149
At the Select Committees second hearing on December 10, 2014, Ranking Member
Cummings reiterated the importance of this point:
My concernand I am sure it is the concern of this entire committeeis that
when all the dust settles, that the request of every single family member that
we metwhen the dust settles, I hope it is carried out, and that isthat our
facilities are safer so that things like this unfortunate incident does not happen
again.150
Ranking Member Cummings explained the need to ensure the Departments feet are
held to the fire and requested the State Department keep the Select Committee informed of its
progress:
I want to make sure again things get done, and so I want you to get back to us
exactly when you expectI would like to have that in writingwhen you
expect these things to be done, and provide the committee with that
information because we want to hold you to that.151
Following these hearings, in December 2014, Republicans provided Democrats with a
hearing plan that included 11 proposed hearings between January and October 2015 on a variety
of topics related to the attacks. This plan was supposed to culminate in two final public hearings
in September and October 2015. The first on the implementation of the ARB Recommendations,
and the second on oversight recommendations to address the questions what have we fixed?
and what should we fix?152
However, Republicans abandoned their own hearing plan in order to target Secretary
Clinton, and they never held either of these final hearings.
In the meantime, Democrats have continued to request information on the State
Departments implementation of the ARBs recommendations, including on recommendations
still outstanding. At the request of Democratic staff, the State Department provided an update
on the status of Benghazi and other ARB recommendations in June 2016. The Department
reported that it had closed 26 of 29 of the Benghazi ARB recommendations and had made
significant progress on the remaining three recommendations. Recent actions to close these
recommendations include:
procuring new personal and protective equipment and breathing equipment at highthreat posts;
affirming compliance with fire safety and security equipment in safe havens and safe
areas at all posts; and
FINDINGS
298
conducting the second annual Vital Presence Validation Process review of high
threat, high risk posts to help ensure that U.S. foreign policy priorities are balanced
against resources and risks.153
Democratic Members hope that following the termination of the temporary Select
Committee, the committees of jurisdiction will continue to track the Departments progress on
the remaining open recommendations, one of which the Department has expanded to include
additional facilities, and one of which is a multi-year project.
FINDINGS
299
X.
The Select Committee has already surpassed the length of seven major congressional
investigations: the 9/11 Commission, the Senate Select Committee to Study Governmental
Operations with Respect to Intelligence Activities (Church Committee), Select Bipartisan
Committee to Investigate the Preparation for and Response to Hurricane Katrina, Joint
Committee on Investigations of the Pearl Harbor Attack, The Presidents Commission on the
Assassination of President Kennedy, Select Committee on Presidential Campaign Activities, and
Select Committee to Investigate Covert Arms Transactions with Iran.
781
9/11 Commission
603
Watergate
506
Church Committee
459
Iran-Contra
317
Warren Commission
300
Pearl Harbor
288
Hurricane Katrina
152
0
100
200
300
400
Days
500
600
700
800
To date, the Benghazi Select Committee has spent more than $7 million in taxpayer
funds, and continues to spend an average of about $8,000 a day. This amount is on top of the
resources already expended by the independent ARB and the seven other congressional
committees that have conducted their own investigations.
The State Department reported in November 2015 that it has spent more than $14 million
responding to eight congressional investigations regarding the Benghazi attacks, including
producing tens of thousands of pages of documents and making dozens of witnesses available for
scores of hearings, interviews, and briefings.156 For the Select Committee alone, the State
FINDINGS
300
Department has produced more than 96,000 pages of documents and made available 53 current
and former officials for interviews.
On March 11, 2014months before the Select Committee was even created the
Defense Department informed Congress that it has devoted thousands of man-hours to
responding to the numerous and often repetitive congressional requests regarding Benghazi
which includes time devoted to approximately 50 congressional hearings, briefings, and
interviews.157 In addition to interview transcripts and Defense Department documents provided
to the Select Committee by the House Armed Services Committee, the Defense Department has
made available 25 individuals for interviews and more than 1,000 pages of new documents to the
Select Committee.158 In 2014, the Department estimated that the total costs it had expended
during previous congressional reviewsexcluding the Select Committees investigationran
into the millions of dollars.159
On May 18, 2016, House Republicans blocked an amendment to the National Defense
Authorization Act that would have required the Department of Defense to publicly report the
total amount of taxpayer funds that have been spent in response to the multiple congressional
investigations into the attacks in Benghazi.160
Y.
FINDINGS
301
Z.
Chairman Gowdy has repeatedly postponed his estimates for when the Select Committee
would conclude its investigation and issue its final report:
In April 2015, Chairman Gowdy stated that the Committees report would not be
issued until 2016.166
In January 2016, Chairman Gowdy stated that he would finish interviews within the
month.167
In March 2016, Chairman Gowdy stated that he would release his report before
summer.168
In April 2016, Chairman Gowdy stated that his target date was mid-June.169
In May 2016, Chairman Gowdy stated the Select Committees work would conclude
before the conventions in mid-July.170
FINDINGS
302
Chairman Gowdy has repeatedly blamed the Administration for these delays, but his own
actions are clearly responsible for extending the Select Committees work into the election year.
For example:
The Select Committee waited more than six months before issuing its first request for
new documents to the State Department.171
The Select Committee failed to send a request to the Defense Department for new
documents until 11 months after the Committees inception.172
The Select Committee waited almost a full year after its creationuntil April of
2015before sending its first request for new documents to the CIA.173
The Select Committee waited until October 23, 2015the day after its marathon
hearing with Secretary Clintonto even request interviews with the Secretary of
Defense and the Director of the CIA.174
The Select Committee waited until after Secretary Clintons hearing in October
2015a year-and-a-half after the Select Committee was establishedto request
interviews with more than 40 additional witnesses.
The Select Committee waited until February 5, 2016, to request an interview with
General Carter Ham even though he had already spoken to Congress and other
investigatory entities about Benghazi on nine separate occasions. Originally
scheduled for May 19, 2016, the Select Committee then inexplicably delayed his
interview until June 8, 2016.175
Republicans have continued to request more interviews in recent months to further extend
the Select Committees duration and to inflate their numbers.
On April 29, 2016, the Department of Defense sent a letter to Chairman Gowdy detailing
the recent crescendo of requests issued by Republicans since February, including individuals
who seem unnecessary even for a comprehensive investigation.176
The letter revealed that the Select Committee directed the Pentagon to find an individual
identified only as John from Iowa, who called into Sean Hannitys radio show in May 2013
and claimed he was a camera operator who saw the video feed from the night of the attack, and
then directed the Pentagon to expand this search to include all RPA pilots and RPA sensor
operators who operated in the region that night.177
The Defense Department cooperated with the Committees request and ultimately found
and produced these witnesses, even though the Department explained that interviewing these
individuals is unnecessary since we have given the Committee access to the relevant RPA video
from that night and it remains unclear what additional information could be gained from these
interviews.178
As the Defense Departments letter recounts, Select Committee Republicans also
requested four pilots who could have beenbut were notdeployed to Benghazi that night,
but they later abandoned this request. 179 They also requested an individual who claimed on his
FINDINGS
303
Facebook page that he was in Europe and alleged that planes at his base could have been
deployed to Benghazi in time to make a difference. 180 The letter also stated:
While we understand that investigations evolve over time, it is unfortunate that
the Committee has identified the need for these interviews only now. The
number and continued pace of these requests since February 2016 are in
tension with your staffs statements that the Committee expects to finish its
investigation in the near term.181
Greta Van Susteren of Fox News warned against dragging the Committee out into a
presidential election year:
Dragging the investigation into 2016 looks politicaland worse, reports are
that the Committees report will be released right before the 2016 election.
That looks awful. It sends a bad message about fairness. I have done big
investigations and if you want an investigation finished by a certain date, you
can get that done. If the Committee fails to get the report finished this year,
rather than in the election year of 2016, it is fair to draw an adverse inference
against the Committeean adverse inference of playing politics. Whatever
the findings are in this investigationit will forever be plagued by allegations
of unfairness, and politics if this investigation is dragged into 2016. That
would not be fair to the American people.182
FINDINGS
304
ENDNOTES
FINDINGS
305
27
Select Committee on Benghazi Democrats, Benghazi on the Record: Asked and Answered (online at
http://askedandanswered-democrats.benghazi.house.gov/).
28
Select Committee on Benghazi Democrats, Democratic Members Announce Benghazi on the Record
(Sept. 16, 2014) (online at http://democrats-benghazi.house.gov/news/press-releases/democratic-membersannounce-benghazi-on-the-record).
29
The Kelly File, Fox News (Nov. 11, 2014)
30
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (Dec. 2, 2014).
31
Select Committee on Benghazi Democrats, Benghazi Select Committee to Narrow Scope and Adopt
Official Rules (Dec. 10, 2014) (online at http://democrats-benghazi.house.gov/news/press-releases/benghazi-selectcommittee-to-narrow-scope-and-adopt-official-rules).
32
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (July 15, 2015) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_07_15_Dems_to_Gowdy_hearing_pl
an.pdf).
33
Letter from Chairman Trey Gowdy to Ranking Member Elijah E. Cummings, Select Committee on
Benghazi (Jan. 26, 2015).
34
Letter from Chairman Trey Gowdy to Ranking Member Elijah E. Cummings, Select Committee on
Benghazi (Sept. 16, 2014).
35
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (July 15, 2015) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_07_15_Dems_to_Gowdy_hearing_pl
an.pdf).
36
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (Nov. 24, 2014) (online at
http://democrats.benghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2014_11_24_EEC_to_TG
_Bipartisan_Committee.pdf).
37
Benghazi Bombshell: Clinton State Department Official Reveals Details of Alleged Document Review,
Daily Signal (Sept. 15, 2014) (online at http://dailysignal.com/2014/09/15/benghazi-bombshell-clinton-statedepartment-official-reveals-alleged-details-document-review/).
38
Id.
39
Id.
40
Id.
41
Id.
42
See, e.g., Former State Department Official: Clinton Camp Destroyed Benghazi Documents,
TruthInMedia.com (Sept. 16, 2014) (online at http://truthinmedia.com/former-state-department-official-clintoncamp-destroyed-benghazi-documents/); Hillary Clinton Staffers Destroyed Benghazi Documents, State Dept.
Official Claims, Christian Post (Sept. 16, 2014) (online at www.christianpost.com/news/hillary-clinton-staffersdestroyed-benghazi-documents-state-dept-official-claims-126510/); Report: State Department Official Claims They
Destroyed Benghazi Documents to Protect Hillary Clinton, Conservative Tree House (Sept. 15, 2014) (online at
http://theconservativetreehouse.com/2014/09/15/report-state-department-official-claims-they-destroyed-benghazidocuments-to-protect-hillary-clinton/).
43
On the Record with Greta Van Susteren, Fox News (Oct. 17, 2014) (online at
http://gretawire.foxnewsinsider.com/video/video-benghazi-select-committee-chairman-trey-gowdy-our-goal-was-toplay-it-straight/).
44
Email from Republican Staff to Democratic Staff, Select Committee on Benghazi (Oct. 23, 2014).
45
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (Nov. 24, 2014) (online at
http://democrats.benghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2014_11_24_EEC_to_TG
_Bipartisan_Committee.pdf).
46
Id.
47
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (Jan. 23, 2015) (online at
http://democrats.benghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_01_23_EEC_to_TG
.PDF).
FINDINGS
306
48
307
73
What Cheryl Mills Told Benghazi Investigators, Politico (Sept. 3, 2015) (online at
www.politico.com/story/2015/09/cheryl-mills-benghazi-testimony-213320).
74
Select Committee on Benghazi, Interview of Cheryl Mills (Sept. 3, 2015) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_09_03_Transcript_of_Cheryl_Mills.
pdf).
75
Select Committee on Benghazi Democrats, Democrats Release Full Mills Interview Transcript to
Correct Public Record After Inaccurate Republican Leaks (Oct. 21, 2015) (online at http://democratsbenghazi.house.gov/news/press-releases/democrats-release-full-mills-interview-transcript-to-correct-public-recordafter).
76
Letter from Democratic Members to Chairman Trey Gowdy, Select Committee on Benghazi (Oct. 5,
2015) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_10_05_Dems_to_Gowdy_re_Mills_t
ranscript_release.pdf).
77
House Rule X, clause 9(g).
78
Letter from Chairman Trey Gowdy to Ranking Member Elijah E. Cummings, Select Committee on
Benghazi (Mar. 16, 2016) (online at
http://benghazi.house.gov/sites/republicans.benghazi.house.gov/files/documents/FINAL%20GOWDY%20LETTER
%20TO%20CUMMINGS.pdf).
79
Select Committee on Benghazi, Interview of CIA Director David Petraeus (Mar. 19, 2016).
80
Id.
81
Select Committee on Benghazi, Interview of the Spokeswoman for the Permanent U.S. Ambassador to
the U.N. (Feb. 11, 2016).
82
Select Committee on Benghazi, Interview of Raymond Maxwell (Mar. 8, 2016).
83
Id.
84
Letter from Chairman Trey Gowdy to Ranking Member Elijah E. Cummings, Select Committee on
Benghazi (Oct. 7, 2015).
85
Email from Office of Legislative Affairs, Central Intelligence Agency, to Select Committee on Benghazi
Staff (Oct. 17, 2015).
86
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (Oct. 18, 2015) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_10_18_EEC_to_TG_re_CIA_Source
.pdf).
87
Gowdy Appears to Accidentally Release CIA Sources Name, Politico (Oct. 19, 2015) (online at
www.politico.com/story/2015/10/trey-gowdy-release-cia-source-name-benghazi-committee-214919); Human
Error Led Benghazi Panel to Reveal CIA Sources Name, The Hill (Oct. 19, 2015) (online at
http://thehill.com/policy/national-security/257346-human-error-led-benghazi-panel-to-release-cia-sources-name);
Benghazi Panel Outs CIA Source, Then Tries to Cover its Tracks, Yahoo News (Oct. 19, 2015) (online at
www.yahoo.com/news/house-benghazi-committee-chairman-trey-gowdy-200901550.html).
88
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
89
Trump Slams Trey Gowdy: Benghazi Hearings A Total Disaster, Washington Examiner (Dec. 27,
2015) (online at www.washingtonexaminer.com/trump-slams-trey-gowdy-benghazi-hearings-a-totaldisaster/article/2579114).
90
Skip the Investigations, Win the Election, Washington Post (Oct. 29, 2015) (online at
www.washingtonpost.com/opinions/skip-the-investigations-win-the-election/2015/10/29/fdfafd2e-7e70-11e5-b575d8dcfedb4ea1_story.html).
91
Exclusive-Ann Coulter: Trey Gowdys Endorsement of Marco Rubio Will Be No More Effective Than His
Benghazi Hearings, Breitbart (Dec. 31, 2015) (online at www.breitbart.com/big-government/2015/12/31/exclusiveann-coulter-trey-gowdys-endorsement-marco-rubio-will-no-effective-benghazi-hearings/); The Benghazi Hearing
Should Not Be, But Is, A Waste of Time, RedState (Oct. 22, 2015) (online at
www.redstate.com/erick/2015/10/22/the-benghazi-hearing-should-not-be-but-is-a-waste-of-time).
92
Morning Joe, MSNBC (Oct. 23, 2015) (online at www.msnbc.com/morning-joe/watch/joe--a-very-badday-for-gowdy-and-gop-550056515958).
93
Still Waiting for the Truth, Weekly Standard (Oct. 23, 2015) (online at www.weeklystandard.com/stillwaiting-for-the-truth/article/1051360).
94
Hillary Clinton and the Benghazi Gang, New York Times (Oct. 22, 2015) (online at
www.nytimes.com/2015/10/23/opinion/hillary-clinton-and-the-benghazi-gang.html).
FINDINGS
308
The GOPs Unfortunate Benghazi Hearing, Washington Post (Oct. 22, 2015) (online at
www.washingtonpost.com/opinions/benghazi-business-as-usual/2015/10/22/5a09b31e-7901-11e5-a958d889faf561dc_story.html).
96
Marathon Benghazi Hearing Leaves Hillary Clinton Largely Unscathed, CNN (Oct. 23, 2015) (online at
www.cnn.com/2015/10/22/politics/hillary-clinton-benghazi-hearing-updates/).
97
Trey Gowdy Seems to Admit That This Committee Learned Nothing New, Mediaite (Oct. 22, 2015)
(online at www.mediaite.com/tv/trey-gowdy-faces-post-hearing-questions-on-whether-committee-learned-anythingnew).
98
Select Committee on Benghazi Democrats, Cummings Statement on Panetta Interview (Jan. 8, 2016)
(online at http://democrats-benghazi.house.gov/news/press-releases/cummings-statement-on-panetta-interview).
99
Letter from Chairman Trey Gowdy to Ranking Member Elijah E. Cummings, Select Committee on
Benghazi (Oct. 7, 2015).
100
Morning Joe, MSNBC (Oct. 7, 2015) (online at www.msnbc.com/morning-joe/watch/trey-gowdy-tomccarthy--kevin--youre-wrong--540068419571).
101
How Many New Witnesses has the House Benghazi Panel Interviewed?, Washington Post Fact
Checker (Oct. 15, 2015) (online at www.washingtonpost.com/blogs/fact-checker/wp/2015/10/15/how-many-newwitnesses-has-the-house-benghazi-panel-interviewed).
102
Id.
103
House Committee on Oversight and Government Reform, Deposition of Ambassador Thomas R.
Pickering (June 4, 2013).
104
Letter from Chairman Trey Gowdy, Select Committee on Benghazi, to Secretary John F. Kerry,
Department of State (May 14, 2015)
105
Americas Newsroom, Fox News (May 15, 2015) (online at
http://video.foxnews.com/v/4238237074001/gowdy-still-waiting-on-benghazi-docs-from-state-dept/?playlist_id=903354961001#sp=show-clips).
106
Benghazi Committee Chair: State Dept. Hasnt Complied with 6-Month-Old Document Request,
PolitiFact (May 21, 2015) (online at www.politifact.com/truth-o-meter/statements/2015/may/21/treygowdy/benghazi-committee-chair-state-dept-hasnt-complied).
107
Id.
108
Select Committee on Benghazi Democrats, Benghazi Committee Gains Historic State ARB Document
Access (Apr. 30, 2015) (online at http://benghazi.house.gov/news/press-releases/benghazi-committee-gains-historicstate-arb-document-access).
109
Select Committee on Benghazi Democrats, Cummings Statement on Gowdy Letter to State (May 14,
2015) (online at http://democrats-benghazi.house.gov/news/press-releases/cummings-statement-on-gowdy-letter-tostate).
110
Face the Nation, CBS News (Oct. 18, 2015) (online at www.cbsnews.com/videos/1018-gowdycummings-axelrod/).
111
Meet the Press, NBC News (Oct. 18, 2015) (online at www.nbcnews.com/meet-the-press/meet-presstranscript-october-18-2015-n446721).
112
New Day, CNN (Oct. 20, 2015) (online at
www.youtube.com/watch?v=h1Cin2tSWL0&feature=youtu.be).
113
Select Committee on Benghazi Democrats, Fact Check: Republican Claim that Congress Never Saw
Any of Ambassador Stevens Email (Oct. 20, 2015) (online at http://democrats-benghazi.house.gov/news/pressreleases/benghazi-fact-check-republican-claim-that-congress-never-saw-any-of-ambassador).
114
The Sean Hannity Show (May 6, 2013) (online at
www.youtube.com/watch?v=WvqO7pEUw8Y&feature=youtu.be).
115
Select Committee on Benghazi, After Curious Delays, Benghazi Committee Interviews John from Iowa
(June 6, 2016) (online at http://benghazi.house.gov/news/press-releases/after-curious-dod-delays-benghazicommittee-interviews-john-from-iowa). According to Republicans, the Select Committee requested interviews with
relevant drone personnel on February 26, 2016, but did not refer to any individual as John from Iowa until March
24, 2016.
116
Letter from Assistant Secretary Stephen Hedger, Legislative Affairs, Department of Defense, to
Chairman Trey Gowdy, Select Committee on Benghazi (Apr. 28, 2016) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2016_04_28_DOD_Letter_to_Gowdy.pdf)
.
117
Id.
95
FINDINGS
309
118
Select Committee on Benghazi, Select Committee Subpoenas Assistant Secretary of Defense Stephen
Hedger (June 10, 2016) (online at http://benghazi.house.gov/news/press-releases/select-committee-subpoenasassistant-secretary-of-defense-stephen-hedger).
119
Select Committee on Benghazi Democrats, Cummings Response to Abusive, Retaliatory Subpoena (June
10, 2016) (online at http://democrats-benghazi.house.gov/news/press-releases/cummings-responds-to-abusiveretaliatory-subpoena).
120
Gowdy Tells GOP Not to Fundraise Off Benghazi Just as GOP Fundraises Off Benghazi, Mediaite (May
7, 2014) (online at mediaite.com/tv/gowdy-tells-gop-not-to-fundraise-off-benghazi-just-as-gop-fundraises-offbenghazi).
121
National Federation of Pachyderm Clubs, Congressman Trey Gowdy to be Featured Speaker at 2015
National Pachyderm Clubs (accessed June 22, 2016); National Federation of Pachyderm Clubs, Learn More About
the Pachyderms and How to Join (accessed June 22, 2016).
122
National Federation of Pachyderm Clubs, Schedule of Events (accessed June 22, 2016).
123
Gowdy Says Prolonged Benghazi Probe Due to Delays in Producing Emails, Documents, Times Free
Press (June 7, 2015) (online at www.timesfreepress.com/news/politics/local/story/2015/jun/07/winning-hearts-andminds/308341/).
124
Id.
125
Select Committee on Benghazi Democrats, Cummings Statement on New Republican Benghazi
Fundraising (Apr. 30, 2015) (online at http://democrats-benghazi.house.gov/news/press-releases/cummingsstatement-on-new-republican-benghazi-fundraising).
126
Stop Hillary PAC Delivers Over 264,000 Subpoena Hillary Signatures to Rep. Trey Gowdy, PR
Newswire (Sept. 18, 2014) (online at www.prnewswire.com/news-releases/stop-hillary-pac-delivers-over-264000subpoena-hillary-signatures-to-rep-trey-gowdy-275660461.html).
127
Gowdys Pleas to Keep Benghazi Probe Above Politics Have Gone Unheeded, Washington Post (Oct.
19, 2014) (online at www.washingtonpost.com/politics/gowdys-pleas-to-keep-benghazi-probe-above-politics-havegone-unheeded/2015/10/19/23f31428-7668-11e5-b9c1-f03c48c96ac2_story.html).
128
Select Committee on Benghazi Democrats, Democrats Call on Gowdy to Put Halt to Reprehensible,
Shameful, and False Attack Ad (Oct. 14, 2015) (online at http://democrats-benghazi.house.gov/news/pressreleases/democrats-call-on-gowdy-to-put-halt-to-reprehensible-shameful-and-false-attack).
129
Gowdys Pleas to Keep Benghazi Probe Above Politics Have Gone Unheeded, Washington Post (Oct.
19, 2014) (online at www.washingtonpost.com/politics/gowdys-pleas-to-keep-benghazi-probe-above-politics-havegone-unheeded/2015/10/19/23f31428-7668-11e5-b9c1-f03c48c96ac2_story.html).
130
Federal Election Commission, Statement of Organization for Stop Hillary PAC (May 16, 2013) (online
at http://docquery.fec.gov/pdf/917/13031070917/13031070917.pdf).
131
Federal Election Commission, Statement of Organization for Themis PAC (Aug. 14, 2013) (online at
http://docquery.fec.gov/pdf/940/13031110940/13031110940.pdf).
132
Federal Election Commission, Report of Receipts and Disbursements for Tea Party Leadership Fund
(Oct. 2, 2015) (online at
http://docquery.fec.gov/pdf/848/201510029002802848/201510029002802848.pdf#page=5564).
133
Federal Election Commission, Report of Receipts and Disbursements for Special Operations Speaks
PAC (July 31, 2015) (online at
http://docquery.fec.gov/pdf/076/201507319000545076/201507319000545076.pdf#page=371).
134
Federal Election Commission, Report of Receipts and Disbursements for Conservative Action Fund
PAC (July 30, 2015) (online at
http://docquery.fec.gov/pdf/507/201507319000530507/201507319000530507.pdf#page=33).
135
Gowdys Pleas to Keep Benghazi Probe Above Politics Have Gone Unheeded, Washington Post (Oct.
19, 2014) (online at www.washingtonpost.com/politics/gowdys-pleas-to-keep-benghazi-probe-above-politics-havegone-unheeded/2015/10/19/23f31428-7668-11e5-b9c1-f03c48c96ac2_story.html).
136
Federal Election Commission, 24/48 Hour Report of Independent Expenditures for Stop Hillary PAC
(Sept. 2, 2015) (online at http://docquery.fec.gov/pdf/500/201509029001589500/201509029001589500.pdf).
137
The Campaign-Finance Activist Who Thinks We Need More Money in Politics, Not Less, New York
Magazine (Sept. 21, 2015) (online at http://nymag.com/daily/intelligencer/2015/09/frat-house-fund-raising-withdan-backer.html).
138
RNC Releases Stop Hillary Ad Prior to her Announcement, Shark Tank (Apr. 10, 2015) (online at
http://shark-tank.com/2015/04/10/rnc-releases-stop-hillary-ad-prior-to-her-announcement/).
FINDINGS
310
139
House Committee on Appropriations, Appropriations Committee Releases Fiscal Year 2016 State and
Foreign Operations Bill (June 2, 2015) (online at
http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=394231).
140
Select Committee on Benghazi Democrats, Cummings Statement in Response to GOP Withholding State
Department Funding (June 11, 2015) (online at http://democrats-benghazi.house.gov/news/pressreleases/cummings-statement-in-response-to-gop-withholding-state-department-funding).
141
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
142
Id.
143
Id.
144
Letter from 33 Ambassadors to Members of the Select Committee on Benghazi (Nov. 30, 2015).
145
Id.
146
Id.
147
Id.
148
Select Committee on Benghazi, Hearing 1: Implementation of the Accountability Review Board
Recommendations, 113th Cong. (Sept. 17, 2014).
149
Rep. Adam Schiff, Statement on Being Appointed to Benghazi Select Committee, (May 21, 2014) (online
at http://schiff.house.gov/news/press-releases/rep-adam-schiff-statement-on-being-appointed-to-benghazi-selectcommittee).
150
Select Committee on Benghazi, Hearing 2: Reviewing Efforts to Secure U.S. Diplomatic Facilities and
Personnel, 113th Cong. (Dec. 10, 2014).
151
Id.
152
Letter from Ranking Member Elijah E. Cummings to Chairman Trey Gowdy, Select Committee on
Benghazi (July 15, 2015) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2015_07_15_Dems_to_Gowdy_hearing_pl
an.pdf).
153
Letter from Assistant Secretary of Legislative Affairs Julia Frifield to Ranking Member Elijah E.
Cummings (June 23, 2016).
154
Email from Majority Staff Director to Select Committee on Benghazi Democratic Staff (Nov. 15, 2015).
155
Clerk of the House, Expenditure Reports Concerning Official Foreign Travel Between Oct. 1 and Dec.
31, 2015 (online at http://clerk.house.gov/foreign/reports/2016q1feb11.txt).
156
House Select Committee on Benghazi Democrats, On Three-Year Anniversary of First Republican
Benghazi Hearing, State Dept. Reports Spending $14 Millionand Counting (Oct. 10, 2015) (online at democratsbenghazi.house.gov/news/press-releases/on-three-year-anniversary-of-first-republican-benghazi-hearing-state-dept).
157
Letter from Assistant Secretary Elizabeth King, Legislative Affairs, Department of Defense, to Ranking
Member Adam Smith, House Committee on Armed Services (Mar. 11, 2014).
158
Letter from Assistant Secretary Stephen Hedger, Legislative Affairs, Department of Defense, to
Chairman Trey Gowdy, House Select Committee on Benghazi (Apr. 28, 2016) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2016_04_28_DOD_Letter_to_Gowdy.pdf)
.
159
Letter from Assistant Secretary Elizabeth King, Legislative Affairs, Department of Defense, to Ranking
Member Adam Smith, House Committee on Armed Services (Mar. 11, 2014).
160
Select Committee on Benghazi Democrats, House Republicans Block Vote on Measure to Disclose Total
Pentagon Spending on Benghazi Investigations (May 18, 2016) (online at http://democratsbenghazi.house.gov/news/press-releases/house-republicans-block-vote-on-measure-to-disclose-total-pentagonspending-on).
161
Its Been a Secretive, Bungled Investigation: Conservative Group Goes After Benghazi Panel,
Washington Post (Mar. 24, 2016) (online at www.washingtonpost.com/news/powerpost/wp/2016/03/24/its-been-asecretive-bungled-investigation-conservative-group-goes-after-benghazi-panel/).
162
Letter from Democratic Members to Chairman Trey Gowdy, Select Committee on Benghazi (May 31,
2016).
163
Id.
164
Letter from Chairman Trey Gowdy to Ranking Member Elijah E. Cummings, Select Committee on
Benghazi (June 5, 2016).
165
Democrats Wary of Benghazi Inquiry Stretching Into 16 Election Season, New York Times (Aug. 28,
2014) (online at www.nytimes.com/2014/08/29/us/politics/democrats-wary-of-benghazi-inquiry-stretching-into-16election-season.html).
FINDINGS
311
166
Gowdy Says Benghazi Probe May Stretch Into 2016, Wall Street Journal (Apr. 22, 2015) (online at
blogs.wsj.com/washwire/2015/04/22/gowdy-says-benghazi-probe-may-stretch-into-2016).
167
Petraeus Appears at Benghazi Panel, The Hill (Jan. 6, 2016) (online at thehill.com/policy/nationalsecurity/264940-petraeus-steps-before-benghazi-committee).
168
House Benghazi Probe: Report by Summer, Factor for Clinton, Associated Press (Mar. 14, 2016)
(online at www.salon.com/2016/03/14/house_benghazi_probe_report_by_summer_factor_for_clinton).
169
Head of Benghazi Probe Headlines Lake County GOP Dinner, Northwest Indiana Times (Apr. 10,
2016) (online at www.nwitimes.com/news/local/lake/head-of-benghazi-probe-headlines-lake-county-gopdinner/article_405d671c-adc0-5c27-8d1d-5b9bfa26e831.html).
170
Rep. Gowdy Says Benghazi Report Will Be Released Before Conventions, USA Today (May 21, 2016)
(online at www.usatoday.com/story/news/politics/onpolitics/2016/05/21/rep-trey-gowdy-says-benghazi-reportreleased-before-conventions/84706796).
171
Letter from Chairman Trey Gowdy, House Select Committee on Benghazi, to Secretary John Kerry,
Department of State (Nov. 18, 2014).
172
Letter from Chairman Trey Gowdy, House Select Committee on Benghazi, to Secretary Ashton Carter,
Department of Defense (Apr. 8, 2015).
173
Letter from Chairman Trey Gowdy, House Select Committee on Benghazi, to Director John Brennan,
Central Intelligence Agency (Apr. 28, 2015).
174
Select Committee on Benghazi Democrats, Cummings Statement on Panetta Interview (Jan. 8, 2016)
(online at http://democrats-benghazi.house.gov/news/press-releases/cummings-statement-on-panetta-interview).
175
Benghazi Panel, Plodding Along, May Conclude Near Conventions or Election, New York Times (May
18, 2016) (online at www.nytimes.com/2016/05/19/us/politics/benghazi-panel-hillary-clinton-election.html?_r=1).
176
Letter from Assistant Secretary Stephen Hedger, Legislative Affairs, Department of Defense, to
Chairman Trey Gowdy, Select Committee on Benghazi (Apr. 28, 2016) (online at http://democratsbenghazi.house.gov/sites/democrats.benghazi.house.gov/files/documents/2016_04_28_DOD_Letter_to_Gowdy.pdf)
.
177
Id.
178
Id.
179
Id.
180
Id.
181
Id.
182
Benghazi House Committee Should Not Politicize Its Report by Waiting Until 2016, Huffington Post
(Apr. 22, 2015) (online at www.huffingtonpost.com/greta-van-susteren/benghazi-house-committee-report2016_b_7118214.html).
FINDINGS
312
RECOMMENDATIONS
When the House of Representatives established the Select Committee on Benghazi in
May 2014, the Committee was authorized to identify lessons from the Benghazi attacks in order
to protect U.S. facilities and personnel overseas. The House also authorized the Select
Committee to consider any issues relating to the investigation by the House of Representatives
into the attacks. After more than two years of investigating the Benghazi attacks, Select
Committee Democrats make the following 12 recommendations to improve both the security of
U.S. diplomatic facilities overseas and the integrity of future Select Congressional investigations.
1.
The State Department should continue to coordinate with the Defense Department,
Intelligence Community, and other agencies to assess the willingness and capacity of host
governments to defend U.S. diplomatic facilities within their borders, and if a host
government is unwilling or unable to effectively defend U.S. diplomatic facilities,
sufficient diplomatic security or military forces must be available to defend or evacuate
the facility.
2.
The State Department should consider expanding the Vital Presence Validation Process
(VP2) to include posts below the high-threat designation in order to better protect
lower-risk posts that may still be potential terrorist targets.
3.
The State Department should implement standard procedures for requesting, funding, and
tracking physical and personnel-related security improvements at U.S. diplomatic
facilities overseas to help ensure that requests are addressed in a timely, efficient, and
accountable manner.
4.
The State Department should improve security at locations outside embassies and
consulates as well as other locations where U.S. personnel and their families frequently
congregate, including soft targets such as schools and residences.
5.
The State Department should establish an interagency working group to identify best
practices and existing gaps in providing high-quality support services to government
employees, contractors, and their families following an attack on U.S. facilities.
6.
Congress should provide the State Department with funding, support, and authorities
sufficient to construct, maintain, and improve overseas diplomatic facilities to meet
security requirements and protect American diplomats in todays challenging security
environments.
7.
Congress should continue to provide consistent, sufficient funding to ensure that the State
Department can complete construction of the Foreign Affairs Security Training Center in
Fort Pickett, Virginia in a timely manner, which will help ensure that Diplomatic Security
agents are well prepared to protect U.S. personnel and their families overseas.
8.
Congress should work with the State Department to approve new dual-compensation
waiver authorities to permit more experienced agents to fill staffing gaps to help ensure
that U.S. diplomatic facilities are fully staffed with security personnel.
RECOMMENDATIONS
313
9.
Congress should amend federal law to allow for best value contracting for local guards,
rather than the cheapest available alternative that meets minimum standards, to improve
the quality of contracted local guards protecting U.S. facilities and diplomats abroad.
10.
Congress should not establish or use future investigative select committees or panels for
political purposes, including to impact elections or to raise campaign funds.
11.
Congress should ensure that future investigative select committees or panels adopt
procedures to promote the cooperation and participation of all Members by:
12.
Congress should clearly define the jurisdiction of future investigative select committees
and panels in their authorizing statutes to prohibit abuses of power that can arise from
poorly-defined mandates.
RECOMMENDATIONS
314
RECOMMENDATION #1
The State Department should continue to coordinate with the Defense
Department, Intelligence Community, and other agencies to assess the
willingness and capacity of host governments to defend U.S. diplomatic
facilities within their borders, and if a host government is unwilling or
unable to effectively defend U.S. diplomatic facilities, sufficient
diplomatic security or military forces must be available to defend or
evacuate the facility.
As the Department of State continues to operate in dangerous environments overseas, it
must be strategic and proactive to respond to emerging threats against U.S. interests. Many of
these recommendations address specific weaknesses and vulnerabilities that may have
contributed to security failures in Benghazi.
Although diplomats understand that there are always risks associated with their work,
these recommendations are intended to improve the security of U.S. diplomatic facilities and
personnel and help the Department provide secure environments for diplomats to operate in as
they carry out the foreign policy objectives of the United States.
The Accountability Review Board (ARB) recognized that the total elimination of risk is
a non-starter for U.S. diplomacy, given the need for the U.S. government to be present in places
where stability and security are often most profoundly lacking and host government support is
sometimes minimal to non-existent.1 However, the ARB also found that the Department
needed to review the proper balance between the strategic importance of operating in high risk,
high threat areas and the security risks they pose.
Following the attacks in Benghazi, the Department moved quickly to formalize its riskmanagement process, making adjustments before the ARB issued its recommendations in
December 2012.
Within days of the attacks, Secretary Clinton and Chairman of the Joint Chiefs of Staff
General Martin Dempsey partnered to establish and dispatch five Interagency Security
Assessment Teams (ISATs) to assess the security posture and requirements of 19 high-threat
posts and to recommend any necessary security adjustments. These teams conducted
comprehensive security reviews, ranging from the physical security features of a facility, such as
the types of windows installed and the availability of fire safety equipment, to the capacity of
host nations to meet their obligations under the Vienna Conventions to protect diplomatic
personnel and facilities.2
According to Thomas Nides, the Deputy Secretary for Management and Resources who
oversaw this effort, the Department conducted these self-assessments on its own initiative
RECOMMENDATIONS
315
because Secretary Clinton demanded that the Department get on top of it before another
problem happened.3
Prior to the release of the ARB report, Secretary Clinton created a new Deputy Assistant
Secretary for High Threat Posts in the Bureau of Diplomatic Security to strengthen the
Departments ability to evaluate, manage, and mitigate security threats.4 This new position is
tasked with focusing on the security of U.S. posts in the highest threat areas, as well as carrying
out priority actions identified by the ISATs.
The State Department often operates in dangerous places, including areas at risk for
organized crime, political violence, and terrorism. Maintaining a U.S. Government presence in
these locations is often integral to U.S. national security. Although all nations are required to
protect foreign diplomatic personnel and facilities within their borders not all host governments
have the capacity and willingness to do so.5
In the case of Benghazi, there was no reliable host nation support to effectively defend
the Special Mission Compound because the nascent, post-Qadhafi government lacked effective,
central government security institutions. This continued to be the case on the night of the
attacks. The ARB found the Libyan governments response to be profoundly lacking
reflecting both weak capacity and near absence of central government influence and control in
Benghazi.6 The February 17 militia, which was only loosely affiliated with the Libyan
government, also proved to be inadequate to defend the Special Mission Compound.
Although some longstanding U.S. partners and allies consistently exhibit the commitment
and ability to protect American diplomats, the willingness and capability of others to offer this
protection may not exist. In addition, host nations that appear to have the capacity to protect
American diplomats today may not be able to do so in the future, so it is critical that the State
Department regularly assess host nation support to determine if local military and police forces
are sufficient to defend American personnel and facilities.
RECOMMENDATION #2
The State Department should consider expanding the Vital Presence
Validation Process (VP2) to include posts below the high-threat
designation in order to better protect lower-risk posts that may still be
potential terrorist targets.
Following the Benghazi attacks, the State Department also developed the Vital Presence
Validation Process (VP2) to make risk management decisions regarding the U.S. presence at
high threat locations, including whether to begin, restart, continue, or modify the current staffing
footprint, or cease operations.7 Managed by the Office of Management Policy, Rightsizing, and
RECOMMENDATIONS
316
Innovation, the process takes place annually for all high-threat posts, but can also be employed
on an ad hoc basis in emergency situations.
According to the Department, the initial draft of the analysis is conducted by staff at post
and involves interagency partners on the relevant country team, including the Department of
Defense.8 It also engages a comprehensive group of stakeholders in the risk management
process, including Chiefs of Mission at high-threat posts (e.g., Ambassadors), the relevant
regional bureau (e.g., the Near Eastern Affairs Bureau), bureaus under the Under Secretary for
Management (e.g., Diplomatic Security, Overseas Building Operations), and other concerned
offices and agencies.9
During this process, staff (1) conduct an assessment of the risks (i.e., potential for
significant loss of life, property, or national capability) and resources needed to mitigate that risk
at high-threat posts; (2) develop recommended conditions for the U.S. government presence in
these locations, including an identification of residual, unmitigated risk; (3) weigh the needs of
U.S. policy against the risks facing U.S. personnel; and (4) consider whether adjustments to the
U.S. presence must be made.10
As part of the process, the Under Secretaries for Political Affairs and Management jointly
prepare a memo to the two Deputy Secretaries of State for their approval to begin, restart,
continue, reconsider the personnel footprint, or discontinue operations at a high-threat post.
Following the approval of both deputies, the memo and its supporting analysis is forwarded to
the Secretary of State, putting him or her in a position to make reasoned, well-informed decisions
about the continuation or cessation of operations at high-threat locations.11
During his transcribed interview with the Select Committee, Under Secretary Kennedy
explained that this process enhances the Secretarys ability to make informed risk-management
decisions by documenting the underlying analysis for decisions on the future of high-threat
posts:
The VP2 process now presents to the Secretary of State, having gone from the
collectivity of bureaus, through two under secretaries, then through two deputy
secretaries, the end product is a memo to the Secretary saying that this entire
panoply of offices at three levels within the Department have reviewed the
situation and determined that the national security interests is high enough over
the mitigated risk that we should remain. And the Secretary gets that
assurance now in writing. The Secretary used to get that assurance orally. But
there was no written document that inscribed all the analysis that had been
done to reach that conclusion, and that was not available to the Secretary.12
As currently designed, VP2 applies only to high-threat posts. Although high-threat posts
face the greatest risk of terrorist attacks, posts just below this threshold also may be subject to
attacks. According to the ARBs convened to investigate the 1998 East Africa Bombings, the
U.S. embassies in Nairobi, Kenya and Dar Es Salaam, Tanzania were designated at the mediumor low-threat levels immediately prior to the attacks.13
Not all posts require as vigorous an assessment as VP2, and expanding the process to all
posts could become overly burdensome and potentially undermine needed attention and focus on
RECOMMENDATIONS
317
high-threat posts. However, the Department could expand the VP2 process to include posts just
below the high-threat designation. Under Secretary Kennedy previously told the Select
Committee that the Department was considering an expansion of the process to include some
medium-threat posts.14
The State Department should explore ways to expand the VP2 process beyond high-threat
posts, which will help ensure the adequate assessment and protection of lower-threat posts as
well.
RECOMMENDATION #3
The State Department should implement standard procedures for
requesting, funding, and tracking physical and personnel-related
security improvements at U.S. diplomatic facilities overseas to help
ensure that requests are addressed in a timely, efficient, and accountable
manner.
The evidence obtained by the Select Committee shows that the State Department lacked a
standardized process for requesting, funding, and tracking physical and personnel-related
security improvements, which contributed to difficulties faced by Diplomatic Security (DS)
agents as they sought to make security upgrades to the Special Mission Compound in Benghazi.
Requests for equipment and personnel, and the responses to those requests, were made in
a variety of ways. Cables are the formal method used by State Department officials to
communicate requests to and from posts, but the Select Committee has also obtained action
memos and emails, which indicate that alternative mechanisms were used in Benghazi for
requesting security upgrades. Some requests were made directly from staff in Benghazi to State
Department headquarters, while others were sent to the U.S. Embassy in Tripoli.
Because staff in Benghazi were assigned on short, temporary-duty rotations, it was
particularly difficult to ensure that projects were implemented in a timely manner without
standardized procedures in place for requesting and tracking security improvements. The ARB
reported that this staffing churn had significant detrimental effects on the posts ability to
provide the necessary advocacy and follow-through on major, essential security upgrades.15
It sometimes took several months for requests to be fulfilled, during which multiple
Diplomatic Security Agents rotated in and out. For example, during his rotation in Benghazi
from October through December 2011, Agent A followed up on a previous security request to
fund a number of upgrades, including drop arms.16 However, the drop arms were not funded and
implemented until Agent Cs rotation in February and March 2012.17
RECOMMENDATIONS
318
Similarly, a senior Diplomatic Security official reported that a response to a July 9, 2012,
cable requesting the extension of temporary duty security personnel in Tripoli may have gotten
lost in the shuffle.18
In 2014, the Department of States Office of the Inspector General observed significant
deficiencies in the Departments ability to monitor and track physical security requests, including
a lack of standard policies and procedures for requesting funds and responding to requests from
posts, nor did it have a comprehensive list of all posts physical security deficiencies.19
In a 2015 follow-up report, the Inspector General found that the Department had
developed new tools to identify and track physical security deficiencies, including a Physical
Security Survey SharePoint Site and a Deficiencies Database with a comprehensive list of
physical security needs. However, the Inspector General reported that the Department had not
fully implemented these tools.20
As of December 2015, the Department had completed only 10% of the physical security
surveys and had not yet populated the Deficiencies Database with any data.21
Since then, the Department has made progress in this area, but more action is needed.
The Department has begun populating the Deficiencies Database with information, but it has
completed physical security surveys at only 47% of overseas facilities.22 According to the State
Department, the Bureau of Diplomatic Security is working with Regional Security Officers in
each region to complete all surveys by September 2016.23
It is critical for the Department to develop and implement standardized procedures for
requesting, funding, and tracking physical security requests. The Department should also
develop similar standardized procedures to track requests for security personnel, which will
enhance the Departments ability to ensure that these requests are addressed in a timely, efficient,
and transparent manner.
RECOMMENDATION #4
The State Department should improve security at locations outside
embassies and consulates as well as other locations where U.S.
personnel and their families frequently congregate, including soft
targets such as schools and residences.
The Department has taken significant steps since the Benghazi attacks to improve the
security of U.S. diplomatic facilities, but these are not the only targets terrorists seek to
attack. Soft targets, or places where Americans live, congregate, shop, or visit, have become
increasingly attractive targets for terroristsprecisely because they are less secure than U.S.
diplomatic facilities.
RECOMMENDATIONS
319
RECOMMENDATION #5
The State Department should establish an interagency working group to
identify best practices and existing gaps in providing high-quality
support services to government employees, contractors, and their
families following an attack on U.S. facilities.
Americans work around the world to advance the diplomatic and national security
interests of the United States. When tragedy strikes, the U.S. government should do all it can to
support its personnel by providing mental-health services and counseling, communicating with
loved ones and being responsive to their questions and concerns, and providing death benefits to
the families of the fallen.
During the investigation of the attacks in Benghazi, it became clear that survivor benefits
vary across agencies, and there are gaps in the services provided. For example, the prior
survivor benefits policy of the CIA did not provide death benefits for some families, including
the family of Glen Doherty, or to families who are survivors of unmarried and childless federal
employees, or contractors killed in acts of terrorism overseas.
An effort to provide these benefits to families was spearheaded by Mr. Dohertys family
and Rep. Stephen Lynch (D-MA), and it received bipartisan support from the Benghazi Select
Committee and the House Permanent Select Committee on Intelligence. In November 2014, the
Select Committee had a bipartisan briefing with the CIA to discuss this policy proposal and
urged the agency to make the changes necessary to close this loophole.
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320
In response to the efforts of the Doherty family and others, the CIA revised its policy in
April 2016 and secured funds to begin paying out death benefits of up to $400,000 each to
families like the Doherty family.26 Although the CIA did not release the specific number of
families that would now qualify retroactively for enhanced benefits, it will likely affect several
dozen.
Ranking Member Elijah E. Cummings issued the following statement in response to the
CIAs decision to change its survivor benefits policy:
I have long supported this change, which has had bipartisan support from
Benghazi Committee members. We held bipartisan briefings and meetings
urging CIA to make this change, and I am very pleased that they have finally
closed this loophole to recognize the sacrifices of the families of American
heroes who have died in service to our country and provide them with the
benefits they deserve.27
Representative Adam Schiff, a Member of the Select Committee and Ranking Member of
the House Permanent Select Committee on Intelligence, also supported the change:
Im gratified that the CIA today will announce enhanced death benefits to
provide for the families of certain contractors killed overseas. The House
Intelligence Committee strongly approved of this change, and as a longtime
supporter of providing death benefits to the families of those struck down in
the service of our country, I was proud to support it.28
Although the CIA was able to close this loophole, other departments and agencies may
still have death benefit policies that do not apply to all potentially affected families, and there
also may be best practices that these agencies can learn from each other.
For example, one Diplomatic Security Agent informed the Select Committee that the
State Department could be doing more to support agents like himself after such tragedies, and he
suggested following the model of the Defense Department:
You know, the agents coming out of Benghazi, including myself, went through
a lot, and there were just some things that, you know, as employees you would
expect your agency to do to help with reintegration back into your agency and
getting back to work. And I really hope that, you know, that the State
Department can establish a program or actually expound upon what we already
have in place so that we can help other agents when this does happen again.29
It is critical that the U.S. government provide the best support possible to its employees,
contractors, and their families who serve our country in harms way overseas. These individuals
work selflessly to advance the diplomatic and national security interests of the United States
abroad, and they and their families deserve nothing less than the best the U.S. government can
provide.
RECOMMENDATIONS
321
RECOMMENDATION #6
Congress should provide the State Department with funding, support,
and authorities sufficient to construct, maintain, and improve overseas
diplomatic facilities to meet security requirements and protect American
diplomats in todays challenging security environments.
The Department of State must build and make continual security upgrades to its
diplomatic facilities to ensure that they are secure and functional. This requires significant
funding for overseas construction projects as security threats continue to evolve in an
increasingly complex and dangerous world. As noted in the ARB report, the Department
experienced budget challenges in the years prior to the Benghazi attacks, and the persistent lack
of sufficient funding had a negative impact:
For many years the State Department has been engaged in a struggle to obtain
the resources necessary to carry out its work, with varying degrees of success.
This has brought about a deep sense of the importance of husbanding resources
to meet the highest priorities, laudable in the extreme in any government
department. But it has also had the effect of conditioning a few State
Department managers to favor restricting the use of resources as a general
orientation. One overall conclusion in this report is that Congress must do
its part to meet this challenge and provide necessary resources to the State
Department to address security risks and meet mission imperatives.30
In a hearing before the House Committee on Foreign Affairs, Under Secretary of State
for Management Patrick Kennedy testified:
Then there is there is [sic] the macro [funding] question, Congressman, and
that is that the best defense is ability to construct the new facilities that you
have provided us additional funds for. Subsequent to the attack on Benghazi
there was a major attack on our compound in Tunisia and there was a major
attack on our compound in Khartoum. Those buildings held out and not a
single American was killed or injured for over 8 hours until host nation
security forces mobilized to defend us. But those building, in Khartoum and in
Tunisia, were the new, modern buildings that we have had the assistance of the
Congress and the funding to build. It is just that on a macro sense, because of
the increase in the value of the dollar and because of inflation worldwide, the
program that we started after Nairobi and Dar es Salaam [were attacked in
August 1998] we were building eight Embassies a year then. Because of the
decrease in funding we were building three.31
RECOMMENDATIONS
322
Since the attacks in Benghazi, Congress has provided additional funding for diplomatic
security through the Embassy Security, Construction, and Maintenance (ESCM) appropriation
and restored the Capital Security Cost Sharing (CSCS) Program to its full capacity.
In addition, Congress enacted key flexibilities and provided more transfer authority for
Overseas Contingency Operations (OCO) funding. With these flexibilities, Congress has been
able to increase overall funding to the ESCM appropriation, as shown in the table below.
Appropriations for Embassy Security, Construction, and Maintenace
$3,000,000,000
$2,819,783,000
$2,674,448,000
$2,324,250,000
$2,500,000,000
$2,356,659,000
$2,221,747,000
$2,000,000,000
$1,652,700,000
$1,500,000,000
$1,000,000,000
$500,000,000
$0
2012
2013
2014
2015
Source: Department of State, Congressional Budget Justifications: Department of State, Foreign Operations, and Related
Programs, Fiscal Years 2012-2017 (online at www.state.gov/f/releases/iab/).
However, future OCO funding is not guaranteed, so Congress should provide additional
funding for diplomatic security in the base budget.
As recommended by the ARB, Congress has also restored full funding to the CSCS
Program, which requires all U.S. agencies at overseas facilities to pay a share toward the cost of
those facilities based on the number of positions it authorizes.32
The Administrations fiscal year 2017 budget requests $1.02 billion in ESCM funding for
the State Departments share of the CSCS Program.33
According to the State Departments budget justification, this request will provide a total
of $2.2 billion for up to five new construction projects, as well as site acquisitions for future
plans when combined with CSCS contributions from other agencies, contributions from Consular
and Board Security Program fee revenues, and other reimbursements.34
RECOMMENDATIONS
323
However, Under Secretary Kennedy explained during a transcribed interview with the
Select Committee that the Department will continue to need modest increases to its embassy
construction and maintenance budget in order to keep pace with inflation and other factors:
The State Department needs 3 percent more in funding each year simply to
keep static. Inflation, foreign exchanges that are negative, other things mean
that a budget of $1 this year is actually a budget of 97 cents the next year. And
so we need 3 percent more each year, plusthats just to keep static. If you
wish to increase our ability to mitigate, you then need additional funding
streams.
Our committees of jurisdiction on the appropriations side have been stellar
supporters of us. However, when you have the State Department not in the
national security cap and us competing against many other government
agencies, it is a seriousit is a serious cap, and serious tradeoffs have to be
made.35
It is essential that robust support continues and grows as American diplomats are
increasingly called upon to serve in dangerous places to advance the foreign policy interests of
the United States.
RECOMMENDATION #7
Congress should continue to provide consistent, sufficient funding to
ensure that the State Department can complete construction of the
Foreign Affairs Security Training Center in Fort Pickett, Virginia in a
timely manner, which will help ensure that Diplomatic Security agents
are well-prepared to protect U.S. personnel and their families overseas.
The State Department should enhance its ability to train Diplomatic Security agents in an
efficient and effective manner and increase the pool of available agents to serve in high-threat
locations by completing construction of the Foreign Affairs Security Training Center (FASTC)
in Fort Pickett, Virginia.
The Department has already taken significant steps to fulfill the ARB recommendation to
increase staffing and adjust duty assignments for security personnel. With congressional
support, the Department created 151 new Diplomatic Security positions and filled all of these
positions as of June 2016.36 These additional positions increased the size of the overall pool of
Diplomatic Security agents and help fully staff positions at high-threat posts.
As recommended by the ARB, the Department has also increased assignment lengths at
all high-threat posts, which now have a minimum one-year tour of duty for permanent positions.
RECOMMENDATIONS
324
The Department also ensures overlap between incoming and outgoing officers to facilitate
continuity of operations.37
Temporary duty assignments at high-threat posts are now set to a minimum of 120 days,
as compared to the 30-45 day temporary assignments at the Special Mission Compound in
Benghazi.38 These new requirements will help to enhance institutional knowledge and the ability
to follow-up on larger security upgrades.
As part of their preparation to defend diplomatic facilities and personnel overseas,
Diplomatic Security agents undergo a rigorous, months-long training program that teaches
personal protection techniques, criminal investigation, first aid, firearms, and defensive driving.
Other instruction includes advanced firearms techniques, explosive devices, ordnance detection,
arson investigation, counterintelligence, and foreign language training.
In May 2008, the State Department issued a report identifying the need for a consolidated
facility to improve training efficiency, decrease operating costs, and provide priority access to
training venues that meet current facility standards.39 Security training is currently conducted at
a number of diffuse, leased, and contracted facilities nationwide.
For high-threat locations, such as Benghazi, agents are required to undergo additional
high-threat training. In the past, officials estimated that in an eight-week training curriculum,
prospective agents spend almost an entire week traveling between and among various training
sites.40
In 2011, the State Department and the General Services Administration identified Fort
Pickett near Blackstone, Virginia, as the preferred site for the Foreign Affairs Security Training
Center.41
In 2013, at the direction of the Office of Management and Budget, the State Department
worked with the Department of Homeland Security to identify an alternative proposal to use the
Federal Law Enforcement Training Center in Glynco, Georgia for future security training. 42
In October 2015, GAO reported that the lack of a consolidated training facility is a
significant impediment to training personnel effectively and efficiently.43 GAO also compared
how both proposals met key training requirements, such as the consolidation of venues (e.g.,
driving tracks, shooting ranges), proximity to Washington, D.C., exclusive access, and the ability
to conduct nighttime training.44 GAO found that the facility at Fort Pickett fully met all of these
requirements, while the facility in Georgia did not.45
After several congressional inquiries and independent studies, including GAOs report,
the State Department recently resumed its plan to build the center near Fort Pickett in February
2016. According to the State Department, previous delays not only postponed the development
of a consolidated training facility, but also created an additional $5 million in delay costs.46
In June 2016, the State Department reported that it had completed its first phase of
construction by clearing the site of trees, and it was planning to award a contract for the next
phase of construction by late August 2016.47 The Department estimates that substantial
completion of the facility would be achieved by March 2019.48 However, the Department noted
RECOMMENDATIONS
325
that this timetable is dependent on an uninterrupted stream of funding, and that [a]ny
interruptions in funding will significantly affect the Departments timeline.49
Congress should continue to provide a consistent stream of funding to the Department to
allow the State Department to complete the construction of the FASTC in Blackstone, Virginia,
in a timely manner.
RECOMMENDATION #8
Congress should work with the State Department to approve new dualcompensation waiver authorities to permit more experienced agents to
fill staffing gaps to help ensure that U.S. diplomatic facilities are fully
staffed with security personnel.
Congress should act in the near-term to help the Department fill existing staffing gaps
with experienced, recently-retired agents. Many Diplomatic Security agents who served in
Benghazi had prior military, law enforcement, and overseas experience, but others were
relatively new to the Department and had limited overseas experience to prepare them for the
challenging security environment.
Dual-compensation waiver authorities would permit the State Department to fill staffing
gaps at high-threat locations more quickly with experienced agents. These authorities would
allow retired personnel to receive both retirement pay and a salary while temporarily reemployed
by the Department to help fill staffing gaps.
In an October 2014 letter to Ranking Member Cummings, the Department reported that it
was currently in discussions with Congress about introducing new dual-compensation waiver
authorities into legislation.50
In June 2016, the Department reported that it continues to support congressional efforts to
expand dual compensation waiver authorities. For example, a provision in the Department of
State Authorization Act for fiscal year 2017 (S. 2937), which was reported out of the Senate
Committee on Foreign Relations on May 17, 2016, would remove geographical limitations on
existing dual compensation waiver authorities and make those authorities permanent.51
A similar provision is contained in a House substitute amendment to the Department of
State Operations Authorization and Embassy Security Act (S. 1635), which was reported out of
the House Committee on Foreign Affairs on May 26, 2016.52
Granting dual-compensation waiver authorities will enhance the Departments ability to
fill staffing gaps with high-quality, experienced agents in the near term as the Department works
to increase its overall staffing and training in the long term.
RECOMMENDATIONS
326
RECOMMENDATION #9
Congress should amend federal law to allow for best value
contracting for local guards, rather than the cheapest available
alternative that meets minimum standards, to improve the quality of
contracted local guards protecting U.S. facilities and diplomats abroad.
The attacks in Benghazi demonstrate the importance of having reliable and skilled local
guard forces, which often serve as the first line of defense against attacks. In Benghazi, the
contracted local guard force, Blue Mountain Libya (BML), provided five unarmed guards to
open and close the gates, patrol the compound, and give warning in case of an attack. The ARB
found that this force was poorly skilled and that their response was inadequate:
No BML guards were present outside the compound immediately before the
attack ensued, although perimeter security was one of their responsibilities,
and there is conflicting information as to whether they sounded any alarms
prior to fleeing the C1 gate area to other areas of the SMC. Although the
unarmed BML guards could not be expected to repel an attack, they had core
responsibility for providing early warning and controlling access to the
compound, which they had not always performed well in the past. In the final
analysis, the Board could not determine exactly how the C1 gate at the Special
Mission compound was breached, but the speed with which attackers entered
raised the possibility that BML guards left the C1 pedestrian gate open after
initially seeing the attackers and fleeing the vicinity. They had left the gate
unlatched before.53
Current law requires the State Department to award local guard contracts using a lowest
price technically acceptable selection process. Under this method, a contract is awarded to the
bidder that is considered to be technically acceptable and at the lowest price.54 Although
exceptions to this practice were granted by federal law for Iraq, Afghanistan, and Pakistan
beginning in 2009, the State Department is bound to the practice for other high-threat posts.55
This contracting method does not ensure the hiring of the best quality guards that are
available. In 2012, the State Department Inspector General reported that more than two-thirds of
posts that used the lowest price technically acceptable method experienced problems with
them, including not providing enough guards, poor training, sleeping on the job, and labor
strikes.56
A best value approach would permit other considerations, such as prior performance, to
be included in bid reviews. In its 2012 report, the Inspector General found that expanding the
best value approach beyond Iraq, Afghanistan, and Pakistan would likely improve contractor
performance, and more than half of the posts they surveyed stated that they would benefit to a
great extent or very great extent if given this option.57
RECOMMENDATIONS
327
In May 2015, Rep. Lois Frankel introduced H.R. 2533 to allow all diplomatic posts to
utilize the best-value approach when selecting contractors for local guard forces. Select
Committee Member Tammy Duckworth, a cosponsor of Rep. Frankels bill, questioned
Secretary Clinton about these issues during the Select Committees October 22, 2015 hearing. In
response, Secretary Clinton stated:
Congresswoman, I think thats another very important question. I think the
State Department, like much of the rest of the government, often feels under
pressure to go to the lowest price, whether or not that lowest price is the best
contract. And we had a lot of challenges, not just in Libya but in many places
around the world, trying to work to find the right contractors to provide static
security for a lot of our posts and facilities, to find more kinetic contractors
who could be the frontline of defense since we, as we discussed earlier, were
stationed in so many places where there were not American military that could
be called and quickly respond.
I think youre really raising an important issue about how to get more
flexibility into the contracting because were not going to be able to bring
American military forces to every place where we are in a high-threat post,
either because the military cant afford to do that for us or because the host
country wont invite us in.58
H.R. 2533 was included as a provision in the House Foreign Affairs Committees State
Department authorization bill. In discussing the provision at the Committee markup on May 26,
2016, Ranking Member Eliot Engel said, In my view, if were hiring people who were sure
will keep our diplomats safe, theres a great deal of value in that, even if the dollars-and-cents
cost is a little more.59
The Benghazi attacks underscore the importance of permitting the State Department to
employ the best possible local guards to serve and defend American diplomats abroad.
Amending the existing statute to allow for best-value contracting, as proposed in H.R. 2533, will
allow the State Department to hire better qualified contractors to serve as local guards.
RECOMMENDATION #10
Congress should not establish or use future investigative select
committees or panels for political purposes, including to impact
elections or to raise campaign funds.
Congress has created investigative select committees and panels to perform specific
functions that reach beyond the capacity and authority of permanent standing committees. They
have been established in rare circumstances to investigate events of grave national significance,
RECOMMENDATIONS
328
such the attacks on Pearl Harbor, Hurricane Katrina, and the Iran-Contra affair. Charged with
such an important responsibility, these investigations must be serious and fact-based. Bipartisan
participation ensures that the work of these select investigations and their final reports are
objective and reflect consensus, which leads to credible findings and recommendations.
At the Benghazi Select Committees first hearing, Chairman Gowdy expressed his desire
to conduct a credible investigation:
I remain hopeful that there are some things left in our country that can rise
above politics. And I remain convinced that our fellow citizens are entitled to
all of the facts about what happened before, during, and after the attacks in
Benghazi, and they deserve an investigative process that is worthy of the
memory of the four who were killed and worthy of the respect of our fellow
Americans.60
As described in detail in Section II of this report, the Select Committee strayed far from
this model. Republicans refusal to conduct the investigation on a bipartisan basis constitutes a
grave disservice to the memory of the four American heroes who were killed in Benghazi, and it
undermines the integrity and credibility of the Select Committee and its final report. As Select
Committee Member Adam Schiff explained:
And the final point I would make on this is, if this investigation doesnt
produce a bipartisan report, it will have been a complete failure. It will be a
meaningless failure. Because if we dont produce a bipartisan report at the end
of the day, it will have no credibility. So if we are going to invest our time in
this, lets make it worthwhile. And that means lets make it bipartisan so that
the country and the families will have the confidence of knowing that this was
an objective work product [T]here is too much at stake and too many
families who are so deeply impacted by this, that they deserve better than
anything less than bipartisan.61
Despite these deficiencies, House Republicans have used the Benghazi Select Committee
as a model for other partisan investigative panels that are engaging in election-year politicking
instead of conducting genuine congressional investigations.
For example, the Select Investigative Panel on Infant Lives has followed a strikingly
similar pattern to the Select Committee on Benghazi. After the release of deceptively edited
videos in 2015 by the Center for Medical Progress alleging that Planned Parenthood was selling
fetal tissue for profit, three separate Republican-led House committees (Oversight and
Government Reform, Energy and Commerce, and Judiciary) conducted their own investigations.
All three identified no evidence of wrongdoing by Planned Parenthood.62
In addition, 13 states also found no wrongdoing, and 8 more found no credible evidence
to warrant further investigation.63 A Texas grand jury tasked by Republican lawmakers to
investigate Planned Parenthood instead indicted the makers of the videos, David Daleiden and
one of his Center for Medical Progress associates, for their efforts to entrap Planned Parenthood
through their fraudulent video scheme.64
RECOMMENDATIONS
329
Despite the findings of these prior investigations, Republicans voted to create the Select
Panel on October 7, 2015, and it has since issued three dozen unilateral subpoenas and failed to
establish a bipartisan investigative plan and rules.65
In light of these developments and the potential for the establishment of additional
committees of this nature in the future, it is critical that Congress learn lessons from the Select
Committees own dysfunction. Only investigations viewed by the American public as credible
will be effective in promoting better policy outcomes. This is not possible when such panels are
driven by campaign politics.
RECOMMENDATION #11
Congress should ensure that future investigative select committees or
panels adopt procedures to promote the cooperation and participation of
all Members.
As discussed previously, the Benghazi Select Committee is one of longest and most
partisan investigations in congressional history. To improve the integrity of future Select
Congressional investigations, Congress should ensure that investigative select committees and
panels take the following steps:
By not establishing a target date for the Select Committee to issue its report, House
Republicans were able to drag their investigation on for more than two years.
Congress should set target dates for reports and require a congressional supermajority
to renew a select committee or panel after a certain number of months or a year.
Creating such limits will prevent the Majority from unnecessarily delaying an
investigation to conduct its own fishing expedition or to time the release of a final
report for political impact.
The Benghazi Select Committee spent more than $7 million in taxpayer funds over
two different congressesall without a dedicated or capped budget. Approximately
eight months after it was established, House Republicans reauthorized the Select
Committee as part of a must-pass rules package for the 114th Congressagain
without a dedicated budget limit. A set budget, as well as public debate over that
budget, ensures that Congress is more accountable to the taxpayers and avoids waste
and abuse.
RECOMMENDATIONS
330
Chairman Gowdy abused his unilateral subpoena authority to compel testimony about
subjects that strayed well beyond the Committees investigative authority.
Meaningful consultation with the Minority over subpoenas for documents could have
helped the Majority to better scope, tailor, and prioritize requests, several of which
were unduly broad and burdensome. Developing rules and procedures to prevent
abuses from unilateral subpoena authority will help to maintain credibility and
increase efficiency throughout the course of an investigation.
Members of future select committees or panels should have full access to witnesses
and should not be denied the opportunity to participate in interviews and briefings.
The Majority party should not be allowed to interview witnesses alone and then
determine unilaterally whether the information provided by the witness is worth
sharing with the Minority.
Select panels should be required to begin their work by identifying what has already
been credibly answered and what remains to be investigated. They should be
required to adopt an investigative plan that avoids duplicating previous efforts and
explains to the American people what is being investigated and why. Chairman
Gowdys refusal to acknowledge the value of information gathered by the eight
investigations that preceded this one, such as the Select Committee Democrats 133page Compendium of Investigative Resources, led to duplication of prior efforts and a
delay that pushed the investigation into the summer of 2016.
RECOMMENDATIONS
331
Democrats were often forced to respond by releasing more information to correct the
public record. This practice seriously damaged the credibility of the investigation.
RECOMMENDATION #12
Congress should clearly define the jurisdiction of future investigative
select committees and panels in their authorizing statutes to prohibit
abuses of power that can arise from poorly-defined mandates.
The House Resolution that established the Select Committee set forth broad provisions on
the scope of committee, which included all policies, decisions, and activities that contributed to
the attacks on United States facilities in Benghazi and to respond to and repel the attacks on
United States facilities in Benghazi, as well as internal and public executive branch
communications about the attacks.66
The resolution also included another broad catch-all category that allowed the Select
Committee to investigate any other relevant issues relating to the attacks, the response to the
attacks, or the investigation by the House of Representatives into the attacks.67
Republicans cited these provisions in the Select Committees authorizing legislation as
allowing them to cast a wide net, investigating events that occurred in early 2011more than a
year-and-a-half prior to the attacks. They also interviewed individuals who had nothing to do
with the attacks on Benghazi and asked questions to conduct political opposition research.
During Mr. Blumenthals deposition on June 16, 2015, for example, Select Committee
Republicans spent nearly nine hours posing hundreds of questions completely unrelated to the
Benghazi attacks. These questions included more than 270 questions about Mr. Blumenthals
alleged business activities in Libya, 160 questions about Mr. Blumenthals relationship and
communications with Secretary Clinton and her husband, more than 50 questions about the
Clinton Foundation, and 45 questions on David Brock , Media Matters, and affiliated
organizations.68
Congress may wish to preserve flexibility in the jurisdiction of future select committees
and panels, but the use of catch-all categories has the potential to promote wasteful fishing
expeditions. Such authority can lead to the abuse of power, and authorizing resolutions should
carefully circumscribe the permissible scope of an investigation.
RECOMMENDATIONS
332
ENDNOTES
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
2
Select Committee on Benghazi, Interview of Thomas Nides (Dec. 16, 2015). See also Vienna Convention
on Consular Relations (adopted Apr. 24, 1963, entered into force Mar. 19, 1967) Art. 31; 1961 Vienna Convention
on Diplomatic Relations, Art. 22 (adopted Apr. 18, 1961, entered into force Apr. 29, 1964).
3
Select Committee on Benghazi, Interview of Thomas Nides (Dec. 16, 2015).
4
Department of State, Fact Sheet: Benghazi Accountability Review Board Implementation (Jan. 15, 2014)
(online at www.state.gov/r/pa/prs/ps/2014/01/219760.htm).
5
Vienna Convention on Diplomatic Relations, Art. 22 (adopted Apr. 18, 1961, entered into force Apr. 29,
1964).
6
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
7
Department of State, Foreign Affairs Manual (2 FAH-3, H-111) (online at
www.state.gov/documents/organization/242811.pdf).
8
Letter from Assistant Secretary for Legislative Affairs Julia Frifield, Department of State, to Ranking
Member Elijah E. Cummings, Select Committee on Benghazi (June 26, 2016).
9
Department of State, Foreign Affairs Manual (2 FAH-3, H-111) (online at
www.state.gov/documents/organization/242811.pdf).
10
Id.
11
Id.
12
Select Committee on Benghazi, Interview of Under Secretary for Management Patrick Kennedy (Feb. 3,
2016).
13
Report of the Accountability Review Boards, Bombings of the U.S. Embassies in Nairobi, Kenya and
Dar es Salaam, Tanzania on August 7, 1998 (Jan. 8, 1999) (online at http://19972001.state.gov/www/regions/africa/accountability_report.html).
14
Select Committee on Benghazi, Interview of Under Secretary for Management Patrick Kennedy (Feb. 3,
2016).
15
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
16
Select Committee on Benghazi, Interview of Diplomatic Security Agent A (Feb. 24, 2015).
17
Select Committee on Benghazi, Interview of Diplomatic Security Agent C (Apr. 9, 2015).
18
House Committee on Oversight and Government Reform, Interview of Deputy Assistant Secretary for
International Programs, Charlene Lamb (Oct. 9, 2012).
19
State Department Office of the Inspector General, Audit of the Process to Request and Prioritize Physical
Security-Related Activities at Overseas Posts, AUD-FM-14-17 (March 2014) (online at
https://oig.state.gov/system/files/224444.pdf)
20
State Department Office of the Inspector General, Compliance Follow-up Audit of the Process to Request
and Prioritize Physical Security-Related Activities at Overseas Posts (AUD-ACF-16-20) (December 2015) (online
at https://oig.state.gov/system/files/aud-acf-16-20_.pdf).
21
Id.
22
Letter from Assistant Secretary for Legislative Affairs Julia Frifield, Department of State, to Ranking
Member Elijah E. Cummings, Select Committee on Benghazi (June 23, 2016).
23
Id.
24
Government Accountability Office, Diplomatic Security: State Department Should Better Manage Risks
to Residents and Other Soft Targets Overseas (GAO-15-700) (July 9, 2015) (online at
gao.gov/assets/680/671305.pdf).
25
Letter from Assistant Secretary for Legislative Affairs Julia Frifield, Department of State, to Ranking
Member Elijah E. Cummings, Select Committee on Benghazi (June 23, 2016).
26
C.I.A. to Pay Death Benefits to Relatives of Terror Victims, New York Times (Apr. 20, 2016) (online at
www.nytimes.com/2016/04/21/world/middleeast/cia-benghazi-death-benefits-terrorism-glen-doherty.html)
RECOMMENDATIONS
333
27
Select Committee on Benghazi, Cummings Statement on CIA Survivor Benefits Change (Apr. 21, 2016)
(online at http://democrats-benghazi.house.gov/news/press-releases/cummings-statement-on-cia-survivor-benefitschange).
28
House Permanent Select Committee on Intelligence, Intel Committee Ranking Member Schiff Statement
on CIA Enhanced Death Benefits Policy (Apr. 21, 2016).
29
Select Committee on Benghazi, Interview of Diplomatic Security Agent 1 (Apr. 1, 2015).
30
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
31
House Foreign Affairs Committee, Hearing on Benghazi: Where is the State Department
Accountability?, 113th Cong. (Sept.18, 2013) (online at https://foreignaffairs.house.gov/hearing/hearing-benghaziwhere-is-the-state-department-accountability/).
32
The Capital Security Cost Sharing program was authorized by the Secure Embassy Construction and
Counterterrorism Act of 1999, enacted as Title VI of Appendix G of P.L. 106-113, and amended by 629 of P.L.
108-447.
33
Department of State, Congressional Budget Justification: Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2017 (Feb. 9, 2016) (online at www.state.gov/documents/organization/252179.pdf).
34
Id.
35
Select Committee on Benghazi, Interview of Under Secretary for Management Patrick Kennedy (Feb. 3,
2016).
36
Id.
37
Letter from Assistant Secretary for Legislative Affairs Julia Frifield, Department of State, to Ranking
Member Elijah E. Cummings, Select Committee on Benghazi (Oct. 30, 2014).
38
Department of State, Fact Sheet: Benghazi Accountability Review Board Implementation (Jan. 15, 2014)
(online at www.state.gov/r/pa/prs/ps/2014/01/219760.htm).
39
Department of State, May 2008 Report on the Consolidation of Diplomatic Security (DS) Training (May
2008) (online at www.state.gov/documents/organization/141576.pdf).
40
Government Accountability Office, Diplomatic Security: Options for Locating a Consolidated Training
Facility (GAO-15-808R) (Sept. 9, 2015) (online at www.gao.gov/assets/680/672362.pdf).
41
Id.
42
Id.
43
Government Accountability Office, Diplomatic Security: Options for Locating a Consolidated Training
Facility (GAO-16-139T) (Oct. 8, 2015) (online at http://gao.gov/assets/680/672999.pdf).
44
Id.
45
GAO also reviewed the cost estimates of both proposals and noted that although the cost estimate for
FLETC was less than FASTCs estimate, the cost of sending students to the training at FLETC was significantly
more expensive than FASTC, due in large part to the higher expected travel costs of sending students out to Georgia.
GAO estimated that the costs of sending students to FASTC over the next ten years would be $43 million to $121
million less than sending students to FLETC.
46
Letter from Assistant Secretary for Legislative Affairs Julia Frifield, Department of State, to Ranking
Member Elijah E. Cummings, Select Committee on Benghazi (June 23, 2016).
47
Department of State, Joint-Agency FASTC Construction Newsletter (June 2016).
48
Id.
49
Letter from Assistant Secretary for Legislative Affairs Julia Frifield, Department of State, to Ranking
Member Elijah E. Cummings, Select Committee on Benghazi (June 23, 2016).
50
Letter from Assistant Secretary for Legislative Affairs Julia Frifield, Department of State, to Ranking
Member Elijah E. Cummings, Select Committee on Benghazi (Oct. 30, 2014).
51
Letter from Assistant Secretary for Legislative Affairs Julia Frifield, Department of State, to Ranking
Member Elijah E. Cummings, Select Committee on Benghazi (June 23, 2016).
52
Id.
53
Department of State, Benghazi Accountability Review Board Report (Dec. 2012) (online at
www.state.gov/documents/organization/202446.pdf).
54
22 U.S.C. 4864 (requiring Department to award contracts to the technically acceptable firm offering
the lowest evaluated price).
55
Pub. L. No. 111-117 7006.
RECOMMENDATIONS
334
56
Department of State Office of Inspector General, Review of Best-Value Contracting for Department of
State Local Guard Program and the Utility of Expanding the Policy Beyond High-Threat Posts in Iraq, Afghanistan,
and Pakistan (AUD/CG-12-27) (February 2012) (online at https://oig.state.gov/system/files/185288.pdf).
57
Id.
58
Select Committee on Benghazi, Hearing 4: Former Secretary of State Hillary Clinton (Oct. 22, 2015).
59
House Committee on Foreign Affairs, Engel Remarks on State Department Authorization (May 26, 2016)
(online at https://democrats-foreignaffairs.house.gov/news/press-releases/engel-remarks-state-departmentauthorization).
60
Select Committee on Benghazi, Hearing 1: Implementation of the Accountability Review Board
Recommendations, 113th Cong. (Sept. 17, 2014).
61
Select Committee on Benghazi, Hearing 3: Status Review of Outstanding Requests, 114th Cong. (Jan.
27, 2015).
62
Select Investigative Panel Democrats, Numerous Investigations Already Found No Wrongdoing by
Planned Parenthood (online at https://selectpaneldems-energycommerce.house.gov/about/republican-reliancediscredited-videos).
63
Id.
64
Harris County Grand Jury Indicts Anti-Abortion Activists Behind Planned Parenthood Videos, ABC 13
(Jan. 25, 2016) (online at http://abc13.com/news/grand-jury-wont-take-action-against-planned-parenthood-gulfcoast/1173356/).
65
Select Investigative Panel Democrats, Tracking Republicans Attack on Womens Health Care (online at
https://selectpaneldems-energycommerce.house.gov/tracker).
66
H. Res. 567, 113th Congress (May 8, 2014).
67
Id.
68
Select Committee on Benghazi, Deposition of Sidney Blumenthal (June 16, 2015).
RECOMMENDATIONS
335
CONCLUSION
We conclude our report by once again honoring the ultimate sacrifice of four brave
AmericansAmbassador Christopher Stevens, Sean Smith, Tyrone Woods, and Glen Doherty.
We continue to mourn the loss to their families and to this nation.
We honor the courage of many other heroes on the night of the attacksincluding some
whose identities will never be publicly disclosed. We also acknowledge the personal toll the
attacks have taken on the friends and colleagues of the fallen. Many displayed raw emotion
during their interviews with the Select Committee that will never be accurately or fully captured
by a written transcript.
We commend the Defense Department, State Department, and Intelligence Community
for making significant strides since the attacks to improve the security of Americans serving
overseas. While we fully support these efforts, critical work remains.
We have made recommendations to further improve the security of personnel abroad, and
it is our hope that the standing committees of jurisdiction will pick up where we left off in
continuing this critical task in the years to come.
We have been hampered in our work by the ongoing Republican obsession with
conspiracy theories that have no basis in reality. Rather than reject these conspiracy theories in
the absence of evidenceor in the face of hard factsSelect Committee Republicans embraced
them and turned them into a political crusade.
Their approach stands in stark contrast to other Republicans, including Rep. Howard
Buck McKeon, the former Chairman of the House Armed Services Committee, and Rep. Mike
Rogers, the former Chairman of the House Permanent Select Committee on Intelligence. Their
fact-based approaches command respect.
We hope our report will put to rest the conspiracy theories about Benghazi once and for
all and return the focus to where it belongson the goal of improving the security of Americans
serving abroad.
At the same time, we recognize that, to this day, there remains significant uncertainty
about the motivations of those who perpetrated the attacks in Benghazi.
Based on the evidence obtained by the Select Committee, we agree with the bipartisan
report issued by the House Permanent Select Committee on Intelligence in 2014, which
concluded: Much of the early intelligence was conflicting and two years later, intelligence gaps
remain. The report added: To this day, significant intelligence gaps regarding the identities,
affiliations and motivations of the attackers remain.1
For example, a 17-year-old Libyan student explained to Reuters his actions on the night
of the attacks:
336
When we had heard that there was a film that was insulting to the Prophet, we,
as members of the public, and not as militia brigades, we came to the consulate
here to protest and hold a small demonstration.2
The same day, the New York Times reported:
Fighters involved in the assault, which was spearheaded by an Islamist brigade
formed during last years uprising against Col. Muammar el-Qaddafi, said in
interviews during the battle that they were moved to attack the mission by
anger over a 14-minute, American-made video that depicted the Prophet
Muhammad, Islams founder, as a villainous, homosexual and child-molesting
buffoon.3
Many witnesses described their changing understanding of the motivation for the attacks.
Jacob Sullivan, the Deputy Chief of Staff for Policy at the State Department, told the Select
Committee that he went back and forth on what exactly had happened in Benghazi in the days
after the attacks. He explained:
Who couldnt? I mean, to this day, people havent been able to figure out
exactly who the attackers were, exactly what motivated them, so certainly in
that first week, we werent going to. All we could do was the best with the
information we had at the time was, and thats what we did.4
Similarly, Secretary Clinton explained in her 2014 book that in the heat of the crisis we
had no way of knowing for sure what combination of factors motivated the assault or whether
and how long it had been planned. She added: I myself went back and forth on what likely
happened, who did it, and what mix of factorslike the videoplayed a part.5
On March 19, 2016, former CIA Director David Petraeus explained in his interview with
the Select Committee:
And to be perfectly candid with you, Im still not absolutely certain what
absolutely took place, whether it was a mix of people that are demonstrating
with attackers in there, whether this is an organized demonstration to launch an
attack, whetherbecause youll recall, theres a lot of SIGINT that we
uncovered that very clearly seemed to indicate that there was a protest and it
grew out of the protest.6
Even after reviewing the surveillance video footage from the Special Mission Compound,
he was still unable to determine exactly what happened:
And there is a video of what took place. And they are just basically milling
around out there. So if this is an attack, you know, maybe they rehearsed it to
look like a protest, but maybe it was actually a mix. And so, again, Im still
not completely set in my own mind of whatand to be candid with you, I am
not sure that the amount of scrutiny spent on this has been in the least bit worth
it.7
CONCLUSION
337
CONCLUSION
338
ENDNOTES
House Permanent Select Committee on Intelligence, Investigative Report on the Terrorist Attacks on U.S.
Facilities in Benghazi, Libya, September 11-12, 2012 (Nov. 21, 2014) (online at
http://intelligence.house.gov/sites/intelligence.house.gov/files/documents/Benghazi%20Report.pdf).
2
In Libya, Deadly Fury Took U.S. Envoys by Surprise, Reuters (Sept. 12, 2012) (online at
www.reuters.com/article/us-libya-ambassador-assault-idUSBRE88C02Q20120913).
3
Libya Attack Brings Challenges for U.S., New York Times (Sept. 12, 2012) (online at
www.nytimes.com/2012/09/13/world/middleeast/us-envoy-to-libya-is-reported-killed.html?pagewanted=all&_r=1).
4
Select Committee on Benghazi, Interview of Jacob Sullivan (Sept. 5, 2015).
5
Hillary Clinton, Hard Choices (2014).
6
Select Committee on Benghazi, Interview of CIA Director David Petraeus (Mar. 19, 2016).
7
Id.
8
House Permanent Select Committee on Intelligence, Benghazi Hearing (Nov. 15, 2012).
9
U.S. Captured Benghazi Suspect in Secret Raid, Washington Post (June 17, 2014) (online at
www.washingtonpost.com/world/national-security/us-captured-benghazi-suspect-in-secretraid/2014/06/17/7ef8746e-f5cf-11e3-a3a5-42be35962a52_story.html).
10
Brazen Figure May Hold Key to Mysteries, New York Times (June 17, 2014) (online at
www.nytimes.com/2014/06/18/world/middleeast/apprehension-of-ahmed-abu-khattala-may-begin-to-answerquestions-on-assault.html).
CONCLUSION
339