A little more than a month ago, the most newsworthy controversy surrounding the imminent and highly symbolic 20^th anniversary of 9/11 concerned the message by families of the victims that Joe Biden would not be welcome at the planned commemoration. They reproached the US president for failing to make good on last year’s campaign promise to declassify the documents they believe will reveal Saudi Arabia’s implication in the attacks.

That was the story that grabbed headlines at the beginning of August. Hardly a week later, everything had changed. Kabul, the capital of Afghanistan, fell to the Taliban and soon the 20-year war would be declared over.

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Though few paid attention to the phenomenon, this also meant that the significance of a commemoration of the attacks, would be radically different. For 19 years, the commemoration served to reinforce the will and resolution of the nation to overcome the humiliation of the fallen twin towers and a damaged wing of the Pentagon.

Redefining the Meaning of the Historical Trauma

In the aftermath of the attacks on September 11, 2001, politicians quickly learned to exploit the date as a painful reminder of a tragedy that had unified an otherwise chaotically disputatious nation in shared horror and mourning. Ever since that fatal day, politicians have invoked it to reinforce the belief in American exceptionalism.

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The nation is so exceptional in generously providing its people with what President George W. Bush called “our freedoms” — and which he identified as the target of the terrorists — that it was logical to suppose that evil people who didn’t possess those freedoms or were prevented from emigrating to the land of the free would do everything in their power to destroy those freedoms. To the degree that Americans are deeply thankful for possessing such an exceptional status, other ill-intentioned people will take exception to that exceptionality and in their unjustified jealousy will threaten to destroy it.

On a less philosophical and far more pragmatic note, the remembrance of the 9/11 attacks has conveniently and consistently served to justify an ever-expanding military budget that no patriotic American, interested in preserving through the force of arms the nation’s exceptional status, should ever oppose. It went without saying, through the three previous presidencies, that the annual commemoration provided an obvious explanation of why the forever war in Afghanistan was lasting forever.

The fall of Kabul on August 15, followed by the panicked retreat of all remaining Americans, caught everyone by surprise. It unexpectedly brought an official end to the war whose unforgettable beginning is traced back to that bright September day in 2001. Though no one has yet had the time to put it all in perspective, the debate in the media has shifted away from glossing the issues surrounding an ongoing war on terror to assessing the blame for its ignominious end. Some may have privately begun to wonder whether the theme being commemorated on this September 11 now concerns the martyrdom of its victims or the humiliation of the most powerful nation in the history of the world. The pace of events since mid-August has meant that the media have been largely silent on this quandary.

So, What About Saudi Arabia?

With the American retreat, the controversy around Biden’s unkept campaign promise concerning Saudi Arabia’s implication in 9/11 provisionally took a backseat to a much more consequent quarrel, one that will have an impact on next year’s midterm elections. Nearly every commentator has been eager to join the fray focusing on the assessment of the wisdom or folly of both Biden’s decision to withdraw US troops from Afghanistan and his seemingly improvised management of the final chaotic phase.

The human tragedy visible in the nightly news as throngs of people at Kabul airport desperately sought to flee the country easily eclipsed the genteel but politically significant showdown between a group of American citizens demanding the truth and a government committed to protecting the reputations of friends and allies, especially ones from oil-rich nations.

The official excuse turns around the criterion that has become a magic formula: national security. But the relatives of victims are justified in wondering which nation’s security is being prioritized. They have a sneaking suspicion that some people in Washington have confused their own nation’s security with Saudi Arabia’s. Just as John Mearsheimer and Stephen Walt not long ago revealed that plenty of people within the Beltway continue to confuse US foreign policy with Israel’s, the families may be justified in suspecting that Saudi Arabia’s interest in hiding the truth trumps American citizens’ right to know the truth.

To appease the families of 9/11 victims and permit his unimpeded participation in the commemorations, Biden offered to release some of the classified documents. It was a clever move, since the new, less-redacted version will only become available well after the commemoration. This gesture seems to have accomplished its goal of preventing an embarrassing showdown at the commemoration ceremonies. But it certainly will not be enough to satisfy the demands of the families, who apparently remain focused on obtaining that staple of the US criminal justice system: “the truth, the whole truth and nothing but the truth.”

Mohammed bin Salman (MBS), the crown prince of Saudi Arabia, may have shown the way concerning the assassination of journalist Jamal Khashoggi in 2018. Like MBS, the White House prefers finding a way to release some of the truth rather than the whole truth — just the amount that doesn’t violate national security or tarnish the reputations of any key people. Those two goals have increasingly become synonymous. If the people knew what actual political personalities were doing, the nation’s security might be endangered, as the people might begin to lose faith in a government that insists on retaining the essential power of deciding how the truth should be told.

Here is how the White House officially formulates the legal principle behind its commitment to unveiling a little more truth than is currently available. “Although the indiscriminate release of classified information could jeopardize the national security — including the United States Government’s efforts to protect against future acts of terrorism — information should not remain classified when the public interest in disclosure outweighs any damage to the national security that might reasonably be expected from disclosure.”

The White House has thus formulated an innovative legal principle brilliantly designed to justify concealing enough of the naked truth to avoid offending public morals by revealing its stark nakedness. Legal scholars of the future may refer to it as the “indiscriminate release” principle. Its logical content is worth exploring. It plays on the auxiliary verbs “could” and “should.” “Could” is invoked in such a way as to suggest that, though it is possible, no reasonable person would take the risk of an “indiscriminate release of classified information.” Later in the same sentence, the auxiliary verb “should” serves to speculatively establish the moral character of the principle. It tells us what “should” be the case — that is, what is morally ideal — even if inevitably the final result will be quite different. This allows the White House to display its good intentions while preparing for an outcome that will surely disappoint.

To justify its merely partial exposure of the truth, the White House offers another original moral concept when it promises the maximization of transparency. The full sentence reads: “It is therefore critical to ensure that the United States Government maximizes transparency.”

There is of course an easy way to maximize transparency if that is truly the government’s intention. It can be done simply by revealing everything and hiding nothing within the limits of its physical capability. No one doubts that the government is physically capable of removing all the redactions. But the public should know by now that the value cited as overriding all others — national security — implicitly requires hiding a determined amount of the truth. In other words, it is framed as a trade-off between maximum transparency and minimum concealment. Biden has consistently compared himself to President Franklin D. Roosevelt. Perhaps that trade-off between transparency and concealment is what historians will call Biden’s New Deal.

But the White House’s reasoning is not yet complete. The document offers yet another guiding principle to explain why not everything will become visible. “Thus, information collected and generated in the United States Government’s investigation of the 9/11 terrorist attacks should now be disclosed,” it affirms, “except when the strongest possible reasons counsel otherwise.” Those reasons, the document tells us, will be defined by the Federal Bureau of Investigation during its “declassification reviews.” This invocation of the “strongest possible reasons” appears to empower the FBI to define or at least apply not only what is “strongest,” but also what is “possible.” That constitutes a pretty broad power.

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The document states very clearly what the government sees as the ultimate criterion for declassification: “Information may remain classified only if it still requires protection in the interest of the national security and disclosure of the information reasonably could be expected to result in damage to the national security. Information shall not remain classified if there is significant doubt about the need to maintain its classified status.” The families of the victims can simply hope that there will not be too much “significant doubt.” They might be forgiven for doubting that that will be the case.

One September Morning vs. 20 Years of Subsequent Mornings

Twenty years ago, a spectacular crime occurred on the East Coast of the United States that set off two decades of crimes, blunders and judgment errors that, now compounded by COVID-19 and aggravated climate change, have brought the world to a crisis point unique in human history.

The Bush administration, in office for less than eight months at the time of the event, with no certain knowledge of who the perpetrator might have been, chose to classify the attack not as a crime, but as an act of war. When the facts eventually did become clearer after a moment of hesitation in which the administration attempted even to implicate Iraq, the crime became unambiguously attributable, not to a nation but to a politically motivated criminal organization: Osama bin Laden’s al-Qaeda that back then was operating out of Afghanistan, which was ruled by the Taliban.

The administration’s choice of treating the attack as an act of war not only stands as a crime in itself, but, as history has shown, as the trigger for a series of even more shameless and far more destructive — if not quite as spectacular — crimes that would roll out for the next two decades and even gain momentum over time. Had the 9/11 attacks been treated as crimes rather than acts of war, the question of national security would have had less importance in the investigation. By going to war with Afghanistan, the Bush administration made it more difficult to investigate all the possible complicities. Could this partially explain its precipitation to start a war?

Bin Laden, a Saudi, did not act alone. But he did not act in the name of a state either, which is the fundamental criterion for identifying an act of war. He acted within a state, in the territory of Afghanistan. Though his motive was political and the chosen targets were evocatively symbolic of political power, the act itself was in no way political. No more so, in any case, than the January 6 insurrection this year on Capitol Hill.

Though the facts are still being obscured and the text describing them remains redacted in the report of the 9/11 Commission, reading between the redacted lines reveals that bin Laden did have significant support from powerful personalities in Saudi Arabia, many of them with a direct connection to the government. This foreknowledge would seem to indicate complicity at some level of the state.

On this 20^th anniversary of a moment of horror, the families of the victims quite logically continue to suspect that if a state was involved that might eventually justify a declaration of war by Congress (as required by the US Constitution), the name of that state should not have been Afghanistan, but Saudi Arabia. It is equally clear that the Afghan government at the time was in no way directly complicit.

When the new version of the 9/11 Commission’s report appears with its “maximum transparency,” meaning a bare minimum of redaction, the objections of the victims’ families will no longer be news, and the truth about the deeper complicities around 9/11 will most probably remain obscured. Other dramas, concerning the state of the COVID-19 pandemic, the increasingly obvious consequences of climate change and an upcoming midterm election will probably mean that next year’s 21^st commemoration will be low-keyed and possibly considered unworthy of significant mention in the news.

In 2021, the world has become a decidedly different place than it has been over the past two decades. The end of a forever war simply promises a host of new forever problems to emerge for increasingly unstable democracies to deal with.

The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy.