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Friday, Aug. 12, 2005 9:47 a.m. EDT

9/11 Commission Covered Up Gorelick Warning

A 1995 memo from a top terrorism prosecutor warning that a directive by Clinton administration Deputy Attorney General Jamie Gorelick "could cost lives" is being concealed by the 9/11 Commission.

Compounding the cover-up, Gorelick herself was a prominent member of the Commission and refused to recuse herself from parts of the 9/11 investigation that covered the now notorious "wall" she erected that prevented intelligence and law enforcement agencies from cooperating in the war on terror.

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  In June 1995, U.S. Attorney for New York's Southern District Mary Jo White warned the Justice Department that Gorelick's prohibition against intelligence sharing would hamper U.S. counterterrorism efforts.

"It is hard to be totally comfortable with instructions to the FBI prohibiting contact with the United States Attorney's Offices when such prohibitions are not legally required," White wrote on June 13, 1995, in a memo reported Friday by the New York Post's Deborah Orin.

"The most effective way to combat terrorism is with as few labels and walls as possible so that wherever permissible, the right and left hands are communicating," advised White, who was then in the midst of prosecuting the 1993 World Trade Center bombers.

According to Orin, however, "White was so upset that she bitterly protested with another memo - a scathing one" - blasting Gorelick's wall of separation.

While the former Clinton official and her fellow 9/11 commissioners have so far declined to make the second memo public, the Post reports that White used it to warn that Gorelick's wall "hindered law enforcement and could cost lives."

The 9/11 Commission omitted any mention of White's scathing second warning to Gorelick from its final report.

"Nor does the report include the transcript of its staff interview with White," the Post said.

The revelation that the 9/11 Commission covered up White's full account comes on the heels of news that Gorelick's wall may have prevented the FBI from learning that lead 9/11 hijackers Mohamed Atta and Marwan al-Shehhi had entered the U.S. and had been identified by military intelligence as terrorist threats a year before the attacks.

On Wednesday, Rep. Curt Weldon, who uncovered the Atta-al-Shehhi revelation, complained: "There was no reason not to share this information with the FBI, except that the firewalls that existed back then were so severe that they wouldn't let these agencies talk to one another."

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