Richard Posner on the 9/11 Commission Report

He’s not impressed. In a very good piece, he writes:

“The tale of how we were surprised by the 9/11 attacks is a product of hindsight; it could not be otherwise. And with the aid of hindsight it is easy to identify missed opportunities (though fewer than had been suspected) to have prevented the attacks, and tempting to leap from that observation to the conclusion that the failure to prevent them was the result not of bad luck, the enemy’s skill and ingenuity or the difficulty of defending against suicide attacks or protecting an almost infinite array of potential targets, but of systemic failures in the nation’s intelligence and security apparatus that can be corrected by changing the apparatus.

That is the leap the commission makes, and it is not sustained by the report’s narrative. The narrative points to something different, banal and deeply disturbing: that it is almost impossible to take effective action to prevent something that hasn’t occurred previously. Once the 9/11 attacks did occur, measures were taken that have reduced the likelihood of a recurrence. But before the attacks, it was psychologically and politically impossible to take those measures. The government knew that Al Qaeda had attacked United States facilities and would do so again. But the idea that it would do so by infiltrating operatives into this country to learn to fly commercial aircraft and then crash such aircraft into buildings was so grotesque that anyone who had proposed that we take costly measures to prevent such an event would have been considered a candidate for commitment. No terrorist had hijacked an American commercial aircraft anywhere in the world since 1986. Just months before the 9/11 attacks the director of the Defense Department’s Defense Threat Reduction Agency wrote: ”We have, in fact, solved a terrorist problem in the last 25 years. We have solved it so successfully that we have forgotten about it; and that is a treat. The problem was aircraft hijacking and bombing. We solved the problem. . . . The system is not perfect, but it is good enough. . . . We have pretty much nailed this thing.” In such a climate of thought, efforts to beef up airline security not only would have seemed gratuitous but would have been greatly resented because of the cost and the increased airport congestion.”

He concludes:

“The report ends on a flat note. But one can sympathize with the commission’s problem. To conclude after a protracted, expensive and much ballyhooed investigation that there is really rather little that can be done to reduce the likelihood of future terrorist attacks beyond what is being done already, at least if the focus is on the sort of terrorist attacks that have occurred in the past rather than on the newer threats of bioterrorism and cyberterrorism, would be a real downer — even a tad un-American. Americans are not fatalists. When a person dies at the age of 95, his family is apt to ascribe his death to a medical failure. When the nation experiences a surprise attack, our instinctive reaction is not that we were surprised by a clever adversary but that we had the wrong strategies or structure and let’s change them and then we’ll be safe. Actually, the strategies and structure weren’t so bad; they’ve been improved; further improvements are likely to have only a marginal effect; and greater dangers may be gathering of which we are unaware and haven’t a clue as to how to prevent.”