The following is from the transcript of Attorney General John Ashcroft's remarks before the 9-11 commission today:
But somebody did make these rules. Somebody built this wall. The basic architecture for the wall in the 1995 guidelines was contained in a classified memorandum entitled "Instructions for Separation of Certain Foreign Counterintelligence and Criminal Investigations."
The memorandum ordered FBI Director Louis Freeh and others, quote, "We believe that it is prudent to establish a set of instructions that will more clearly separate the counterintelligence investigation from the more limited, but continued criminal investigations.
"These procedures," the memo went on to say, "which go beyond what is legally required, will prevent any risk of creating an unwarranted appearance that FISA is being used to avoid procedural safeguards which would apply in a criminal investigation."
This memorandum laid the foundation for a wall separating the criminal and intelligence investigations, as a matter of fact, established the wall following the 1993 World Trade Center attack, which at the time was the largest international terrorism attack on American soil, the largest prior to September 11th.
Although you understand the debilitating impact of the wall, I cannot imagine that the commission knew about this memorandum. So I have had it declassified for you and the public to review.
Full disclosure compels me to inform you that the author of this memorandum is a member of the commission.
That commissioner is none other than former Assistant Attorney General Jamie Gorelick.
Since this 1995 memo is obviously a "root cause", how can she not be called to testify before the commission upon which she sits?
Inquireing minds and all that....