This lesson will outline in great detail the actual events of September 11, 2001 as reported by the 9/11 Commission. This account will provide a chilling reminder of that fateful day that truly changed the course of our nation’s history. You will view a video from the perspective of the emergency first responders at “ground zero” in New York City. The lesson will also explain the actions taken by the United States and its leaders in reaction to the attacks. You will read Pennsylvania Governor Tom Ridge's personal recollection of the call to duty from President George W. Bush. You will also hear from one of the governor’s senior staff describe his account of the events of 9/11 and the days that followed that led to the creation of the White House Office of Homeland Security, and at the conclusion of the lesson you will have a better understanding of the chaos of that September day followed by a period of tremendous cooperation, pride, and the resolve of our nation to move forward.
In the immediate aftermath of September 11th. . .
Several weeks later. . .
During future lessons, we will learn more about the other HSPDs that have been issued by Presidents Bush and Obama in the past decade since 9/11.
The flurry of homeland security legislation that was enacted after September 11 created a considerable debate concerning the appropriate role of federal and state governments in the discipline of homeland security. No greater example of that debate was the passage of a congressional bill: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, which would be commonly referred to as the Patriot Act. This legislation was and still is very controversial. We will spend time discussing this and other pieces of legislation that significantly increased the investigative and surveillance powers of law enforcement agencies.
The events of September 11, 2001, which you will hear and read about through the recollections of those involved, set into motion dramatic changes in the American political, legal, bureaucratic, economic, psychological, philosophical, and virtually all other facets of the American way of life.
At the end of this lesson, students will be able to do the following:
By the end of this lesson, make sure you have completed the readings and activities found in the Course Schedule.
Homeland Security Presidential Directive-1. (October 29, 2001). Retrieved on April 23, 2012.
These series of videos depict a chilling account of the horrific events at “ground zero” in New York City and the events on Flight 93 on September 11, 2001. These videos set the stage for the ever-evolving discipline which became to be known as “homeland security.” Please watch the following videos and feel free to explore the many other videos, photos, and interactive media found at history.com.
Video 3.1. 9/11 Ground Zero Timeline
Video 3.2. 9/11 Ground Zero Rescue and Survival
Video 3.3. 9/11 Flight 93 The Todd Beamer Story: "Let's Roll"
Tom Ridge became the nation’s first assistant to the president for Homeland Security shortly after the 9/11 attacks and later the first Secretary of the Department of Homeland Security. Previously, he was twice elected governor of Pennsylvania after serving as a congressman from Erie, Pennsylvania. Governor Ridge was known for his capable handling of several emergency management events in Pennsylvania and with his years of service in Congress, he had the requisite experience and background to fulfill the duties inherent in the homeland security positions. He tirelessly worked to make the nation safer and his calm demeanor positively influenced the country in the days and weeks after the 9/11 attacks.
The following video features an interview between Tom Arminio, faculty instructor for the Penn State Homeland Security program, and Duncan Campbell, formerly the chief of staff for Secretary Tom Ridge at the Department of Homeland Security. In the clip below, Duncan Campbell discusses his experiences on September 11, 2001 and Governor Ridge's appointment to director of Homeland Security.
Video 3.4. Perspectives Interview: Establishing the Department of Homeland Security with Duncan Campbell
Upon his arrival in Washington, D.C. in September 2001, Governor Ridge was tasked to create and staff the White House Office of Homeland Security. At the outset, Governor Ridge was at a disadvantage. Even though his office was located down the hall from the Oval Office in the White House, he was given no large staff complement and the budget authority/funding provided to him was minimal at best. Even under these difficult circumstances, Governor Ridge and his dedicated staff worked to confront the myriad of issues before them and deal with these threats that had clearly changed the course of our nation’s history.
In this clip, Duncan Campbell discusses the development of the Office of Homeland Security shortly after the events of 9/11. Mr. Campbell served in that office as the director of Intergovernmental Affairs.
Video 3.5. Perspectives Interview: Establishing the Department of Homeland Security with Duncan Campbell
One of the most controversial acts enacted by Congress in response to the 9/11 attacks was the Patriot Act, passed October 26, 2001. George W. Bush signed the wide-ranging bill into law 45 days after the attack.
The Patriot Act gave the federal government broad new powers to investigate and detain potential terrorists to: (Click on the tabs below.)
The law allowed federal officals greater authority to use a kind of 'secret caller ID,' which can identify the source and destination of calls made to and from a particular telephone. Existing laws allowed such 'trap and trace' orders for phone calls. The new law permitted them for other electronic connections, including e-mail.
In the past, court orders had allowed surveillance only on telephones or place identified in advance. Since terrorists may change locations often, discard their cell phones after a single use, frequently switch the SIM cards in their cell phones, and repeatedly create and change free e-mail accounts, court orders were often a step behind. The new law permitted investigators to obtain authority to track targets as they moved or switched phones and emails. It also allowed investigators to obtain a court order to examine any "tangible item" rather than just business records. For example, investigators could probe voicemail messages and library records showing who borrowed which books.
The new law required financial institutions to keep more complete records of the financial activities of suspicious individuals and to allow federal investigators broader access to them. In the aftermath of September 11, federal officials had discovered that hundreds of thousands of dollars had flowed through the financial system to terrorist cells undetected, and they wanted stronger authority to trace this flow of money.
The new law gave authorities greater power to detain and deport suspicious individuals and those suspected of supporting them. To signal that these provisions were not aimed at punishing foreigners, the law also provided humanitarian assistance for foreign victims of the September 11 attacks.
Federal officials were concerned that the ingenuity of terrorists had grown faster than criminal law, and they were intent on creating a broader net to snare terrorists.
Whereas previous law specified that individuals who were searched had to be informed before the search began, federal officials said that giving even a few minutes' notice might disrupt their investigations and tip off members of a terrorist cell. Sneak-and-peek searches, they said, would permit more effective investigations.
Government officials increasingly worried that terrorists, or even ordinary hackers, would exploit vulnerabilities in the Internet to flood the system with e-mails or damage computer records. With the growing dependence of the world economy on electronic commerce and communication, officials wanted to increase the system's protection against cyberterror attacks and to provide stronger remedies to those hurt by hackers. Such attacks had not occurred on a broad scale at that point, but security analysts warned that the system was vulnerable and that they could occur in the future. Over the next few years, hackers proved them right.
(Kettl, 2014, p. 125-126)
At the outset, the Patriot Act caused a great deal of consternation, especially civil libertarian advocates. Many questioned the constitutionality of the Act, generating countless lawsuits and concern from community activists that the law was too broad and many of its provisions were being used against their original intent and in some instances violated or suspended many civil liberties.
Because many of the provisions of the original Act enacted in 2001 were under a “sunset clause,” meaning that once the clear and present danger dissipated, Congress was required to address the Patriot Act again in 2005. The Bush Administration was successful in its arguments that the Act not be altered in such a way to weaken its enforcement measures. In fact, the “revised” Act authorized the imprisonment, for an indefinite period of time, of foreigners suspected of terrorism, without trial or indictment. Despite the years of allegations, accusations, and heated controversy surrounding the passage of the Patriot Act in 2001, most of the more controversial provisions with “sunset” dates which were set to expire on December 31, 2005 were either made permanent under the reauthorization act of 2005 or were given a four-year extension.
In 2011, the Act was again the subject of congressional scrutiny as many of its provisions were slated to expire.
Shortly after its passage, the Congressional Research Service summarized the law:
The Act gives federal officials greater authority to track and intercept communications, both for law enforcement and foreign intelligence gathering purposes. It vests the Secretary of Treasury with regulatory powers to combat corruption of U.S. financial institutions for foreign money laundering purposes. It seeks to further close out borders to foreign terrorists and to detain and remove those within our borders. It creates new crimes, new penalties, and new procedural efficiencies for use against domestic and international terrorists (Doyle, 2001).
In May of 2011, Congress voted to extend several provisions of the law that would have otherwise expired. These provisions allow investigators to get “roving wiretap” court orders; allow them to follow terrorism suspects who switch phone numbers to different providers; to get orders to seize “any tangible things” relevant to a security investigations, like a business’ customer records; and to get national security wiretap orders to monitor noncitizen suspects who are believed to not be connected to any foreign power.
The Senate voted overwhelmingly in favor of the extension and the House followed hours later on the afternoon the entire Patriot Act was due to expire. In a historic move, President Obama was on an overseas trip and for the first time ever, the president directed the use of an autopen to sign the bill into law.
According to critics, homeland security initiatives and legislation have neither made the country safer not protected liberty and freedom. However, legislators have made significant attempts at reconciling those two values (liberty vs. security).
As one example, sneak-and-peak rules had already been revised in the USA Patriot Act Improvement and Reauthorization Act of 2005. A delayed notice requirement was introduced, where suspects must normally be informed about a previously conducted sneak-and-peek search within a “reasonable period not to exceed 30 days.” The most pertinent example however is the USA Freedom Act:
Following a lack of Congressional approval, parts of the Patriot Act expired on June 1, 2015. The Uniting And Strengthening America By Fulfilling Rights And Ensuring Effective Discipline Over Monitoring Act of 2015 (USA Freedom Act) renewed some expired provisions from the Patriot Act through 2019, as well as set limits on mass data collection by the government. Much about the legislative as well as public debate about the USA Freedom Act centered on its expected impact on domestic surveillance, specifically by NSA. The Act largely restricts domestic surveillance and the use of technology for such surveillance to the presence of specific requests. Under the Patriot Act, production of domestic surveillance data would often have been allowable for mere threat assessment. In particular, the Act responded to concerns about NSA surveillance of U.S. persons by putting a halt to the agency’s mass phone data collection program. NSA now requires a federal court permission to receive information about targeted individuals.
The Act also establishes limitations on use of Section 215 of the USA Patriot Act, the particular section emblazing the Snowden debate. According to Section 215, the government may apply for a court order compelling any person or entity to turn over records of data relevant to a foreign intelligence investigation. In 2013, Edward Snowden leaked information about the use of Section 215 to bulk collect telephone metadata that NSA held and that could be queried by foreign intelligence investigators. Under the USA Freedom Act, use of Section 215 of the USA Patriot Act is limited to government data collection based on a “specific selection term” (SST), defined as “a term that specifically identifies a person, account, address, or personal device, or any other specific identifier.”This puts strong constraints on bulk data collection. (Siedschlag, 2017 p. 37)
We will revisit the discussion of security vs. liberty in more detail during lesson 8.
Doyle, C. (2002). The Patriot Act: A sketch, CRS to Congress. Washington, DC: Library of Congress. Retrieved April 23, 2012 from www.fas.org/irp/crs/RS21203.pdf.
Kettl, D. (2014). System under stress: The challenge to 21st century governance (3rd ed.). Los Angeles, CA: CQPress.
Siedschlag, A. (2017). “Ethical, legal, and social issues in homeland security: what they are and how to address them,” in Martin J. Alperen (ed.), Foundations of homeland security: law and policy. 2nd ed. Hoboken, NJ: Wiley, 2017, pp. 29-54.