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Gingrich Rewrites 9/11 History in Immigration Ad

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June 19, 2007 9:09 PM

ABC News' Jennifer Parker Reports: In a new immigration ad, Former House Speaker Newt Gingrich slams the immigration plan supported by Sen. John McCain, R-Ariz., arguing the legislation would put potential terrorists on a path to U.S. citizenship.

Gingrich -- who has said there is a "great possibility" he will make an '08 bid for the White House -- released the immigration video on his website and to YouTube. In the ad, Gingrich mistakenly suggests 9/11 hijacker Mohamed Atta did not have legal status in the U.S.

It begins with Gingrich saying, "Mohamed Atta, and several other 9/11 hijackers were in the United States illegally."

Photos of Atta and other 9/11 hijackers appear and the word "Illegally" -- printed in bold, red letters -- flashes over the screen.

"Today, more than five years since that tragic day, our borders remain open to gangs, drug dealers and terrorists," says Gingrich in the ad.

However, a check of the 9/11 Commission Report reveals that Atta entered the United States on a tourist visa and the U.S. subsequently approved him for a student visa.

"Atta was in the country legally on 9/11," confirmed Janice Kephart, a former counsel to the 9/11 Commission and co-author of the commission's report on 9/11 and Terrorist Travel to ABC News.

"Atta was now legally in the United States until the day of the planned attack," reads the commission's report on 9/11 and terrorist travel, about a business tourist visa Atta was issued by the U.S. government on July 19, 2001 good through Nov. 12, 2001.

All of the 19 men who hijacked planes on September 11th, including Atta, entered the United States on a tourist, or student visa, issued by the former U.S. Immigration and Naturalization Service.

Atta's visa status was widely reported in the media in 2002 when the INS famously sent a letter to Atta's Florida flight school, which was received on the sixth month anniversary of 9/11. The letter said the INS had approved a request to change Atta's status from a tourist visa to a student visa weeks before the attacks.

However, Gingrich aides defend the ad, arguing Atta's legal status was given to him by mistake.

"Many of them had incomplete or absurd information on their (visa) applications," said Newt Gingrich's spokesperson Rick Tyler.

Tyler conceded that Atta -- who Gingrich names specifically in the ad -- was approved by the INS for legal status.  But, he said, that's only because INS wasn't doing its jobs properly.

"Now, you might say that's a stretch that they were illegal, but all of them should have been stopped," he said, "none of them would have gained legal access had their paper work been filed correctly, so I would argue that they were all illegal."

Citizens United, a conservative group lobbying against the immigration bill, paid for the ad and says they have purchased a "six-figure" media buy for the ad to appear on cable television.

In his ad, Gingrich links the threat of terrorism to the immigration debate, arguing against "amnesty" for undocumented workers. The former House Speaker also takes a swipe at McCain's immigration position.

"The new McCain-Kennedy immigration plan will put millions of people who are in our country illegally including potential terrorists and gang members on a path to U.S. citizenship," he says, urging viewers to lobby against the bill.

This isn't the first time Gingrich has taken on his potential '08 GOP rival over immigration. Gingrich criticized McCain two weeks ago, telling reporters the senator's immigration position has hurt his chances of winning the GOP nomination.

"Sen. McCain carries both the burden of McCain-Feingold and now the burden of the McCain-Kennedy bill," Gingrich told reporters following a conference at the American Enterprise Institute in Washington, D.C. on June 8. "He has the greatest challenge in a Republican primary in explaining those positions."

June 19, 2007 | Permalink | User Comments (27)

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The facts in this story are correct Wally. The 9/11 report clearly stated that Atta was repeatedly given legal status by the INS. The fact is that Gingrich is using 9/11 to drum up opposition for a completely different issue, the immigration bill. It's called fear mongering.

Posted by: Ben | Jun 21, 2007 1:24:16 PM

Benny & the Jets & Hickory Dickory Doc -I'm too old to be convinced otherwise so - save your collective writings. Its okay if you don't like Gingrich. Wouldn't it be great to have a broadcasted discussion of "the facts" with "proof of facts" between Newt, the noname leftist blogger & cyber plagerizer Jennifer Parker? Good Luck Gang. America First!

Posted by: Wally | Jun 21, 2007 3:17:09 PM

Hickory Dickory & Benny, Did you catch some of Rick Tyler's Response to Jennifer Parker? Rick works for Newt so - I guess you'll stop reading now but - if you are still reading - take a gander at this post by Rick ...
In the ad, Speaker Gingrich correctly asserts that “Mohammad Atta and several other 9/11 hijackers were in the United States illegally.”

ABC News’ Jennifer Parker reports the opposite, “However, according to the 9/11 Commission Report, Gingrich’s statement is incorrect.” She quotes Janice Kephart, a former counsel to the 9/11 Commission and co-author of the commission’s report on 9/11 and Terrorist Travel who said, “Atta was in the country legally on 9/11.”

But what Jennifer did not report is that the commission’s report unambiguously backs up the statement in the ad as fact.

Here is what the report actually says:

Pages 138-139 under the section:
“Immigration Violations Committed by the Hijackers in the United States”

“Mohamed Atta failed to present a proper M-1 (vocational school) visa when he entered the United States in January 2001. He had previously overstayed his tourist visa and therefore was inadmissible under 8 U.S.C. § 1182(a)(7)(B).”

“Ziad Jarrah attended flight school in June 2000 without properly adjusting his immigration status, thereby violating his immigration status and rendering him inadmissible under 8 U.S.C. § 1182(a)(7)(B) each of the subsequent six times he reentered the United States between June 2000 and August 5, 2001.”

“Hani Hanjour did not attend school after entering on a student visa in December 2000, thereby violating his immigration status and making him deportable under 8 U.S.C. §1227(a)(1)(B).”

“Nawaf al Hazmi and Satam Al Suqami overstayed the terms of their admission, a violation of immigration laws rendering them both deportable under 8 U.S.C. § 1227(a)(1)(B).”

(CITATION: “9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States,” Thomas R. Eldridge, Susan Ginsburg, Walter T. Hempel II, Janice L. Kephart, Kelly Moore, August 21, 2004, http://www.9-11commission.gov/staff_statements/911_TerrTrav_Monograph.pdf

Furthermore, Janice Kephart,the co-author of the report issued another report in September 2005 which reasserts these facts.

Here is what it says on page 9:
“Five hijackers from 9/11 had clear immigration violations, while one (Marwan Al-Shehhi), had a possible violation.”

On the same page, Ms. Kephart’s report has a table in which the five 9/11 hijackers with immigration violations are listed:

Mohammed Atta
Ziad Jarrah
Hani Janjour
Satam Al Suqami
Nawaf Al Hazmi

(CITATION: “Immigration and Terrorism: Moving Beyond the 9/11 Staff Report on Terrorist Travel,” Janice L. Kephart, Center for Immigration Studies, September 2005, http://downloads.heartland.org/17865.pdf

How is it that ABC News reports that Gingrich is incorrect when the report that Parker read clearly states that at various times these 5 highjackers were in violation of immigration law, and therefore in the country illegally?

This story by Kris Kobach, Counsel to the U.S. Attorney General and chief advisor on immigration law, 2001-2003 documents the fact that all 5 violated US immigration law and were therefore illegal as the ad assert:

“Terrorist Loophole: Senate Bill Disarms Law Enforcement,”
Kris Kobach, Heritage Foundation Web Memo, May 24, 2006
http://www.heritage.org/Research/Immigration/wm1092.cfm

“Five of the nineteen hijackers had violated federal immigration laws while they were in the United States. Amazingly, four of the five had actually been stopped by local police for speeding. All four terrorists could have been arrested if the police officers had asked the right questions and realized that they were illegal aliens.”

“Lebanese terrorist Ziad Jarrah was at the flight controls of United Airlines Flight 93 when it crashed in rural Pennsylvania. Jarrah first entered the United States in June 2000 on a tourist visa. He immediately violated federal immigration law by taking classes at the Florida Flight Training Center in Venice, Florida—a violation because he never applied to change his immigration status from tourist to student. Jarrah was therefore detainable and removable from the United States almost from the moment he entered the country. Six months later, Jarrah committed his second immigration violation when he overstayed the period he was authorized to remain in the United States on his tourist visa.

Jarrah successfully avoided contact with state and local police for more than fourteen months. However, at 12:09 A.M. on September 9, 2001, just two days before the attack, he was clocked driving at 90 miles-per-hour in a 65-miles-per-hour zone on Highway 95 in Maryland, 12 miles south of the Delaware state line. He was traveling from Baltimore to Newark in order to rendezvous with the other members of his team.

The Maryland trooper did not know about Jarrah’s immigration violations. Had the officer asked a few questions or simply made a phone call to the federal government’s Law Enforcement Support Center (LESC), which operates around the clock from Williston, Vermont, he could have arrested Jarrah. Instead, the trooper issued Jarrah a $270 speeding ticket and let him go. The ticket would be found in the car’s glove compartment at Newark Airport two days later, left behind when Jarrah boarded Flight 93.

Saudi Arabian terrorist Nawaf al Hazmi was the second-in-command of the 9/11 attackers and a back-up pilot. He entered the United States on a tourist visa in January 2000 and rented an apartment, where he lived for more than a year, with fellow hijacker Khalid Almihdhar in San Diego. As with Jarrah, Hazmi’s period of authorized stay expired after six months—after July 14, 2000, Hazmi was in the United States illegally. In early 2001, Hazmi moved to Phoenix, Arizona, to join another 9/11 hijacker, Hani Hanjour.

On April 1, 2001, Hazmi was stopped for speeding in Oklahoma while traveling cross country with Hanjour. Had the officer asked Hazmi a few basic questions or asked to see Hazmi’s visa, he might have discovered that Hazmi was in violation of U.S. immigration law. Once again, the officer could have detained him but did not. The officer also had the authority to detain Hanjour, who had entered the country on a student visa but never showed up for classes.

All of the 9/11 hijackers’ encounters with local law enforcement were missed opportunities of tragic dimensions. If even one of the police officers had made an arrest, the terrorist plot might have been unraveled.”

It was also reported that after Mohammed Atta had overstayed his visa, and thus became an illegal alien, he was stopped in the spring of 2001 in Broward County Florida for driving without a license — but police had no way of knowing that he was in the country illegally.

5 of the 911 highjackers were in the country illegally, those are the facts, that is what the ad says.

Best regards,
Rick Tyler
Spokesperson for Newt Gingrich

9/11 and Terrorist Travel: Staff Report of the National Commission on Terrorist Attacks Upon the United States,” Thomas R. Eldridge, Susan Ginsburg, Walter T. Hempel II, Janice L. Kephart, Kelly Moore, August 21, 2004

http://www.9-11commission.gov/staff_statements/911_TerrTrav_Monograph.pdf

Immigration and Terrorism: Moving Beyond the 9/11 Staff Report on Terrorist Travel,” Janice L. Kephart, Center for Immigration Studies, September 2005

http://downloads.heartland.org/17865.pdf

Terrorist Loophole: Senate Bill Disarms Law Enforcement,”
Kris Kobach, Heritage Foundation Web Memo, May 24, 2006

http://www.heritage.org/Research/Immigration/wm1092.cfm

Posted by: Wally | Jun 21, 2007 3:27:23 PM

Thanks Wally for your inciteful and documented comments regarding the 9/11 Terrorists that were in the country illegally. And thank you Rick Tyler, spokesman for Newt Gingrich, for informing the ignorant, lazy citizenry (idiot liberals--David Obey's words not mine) who would rather believe anything they hear or read on the liberal blogs and main stream media as fact today. I listen and read all forms of media so I am able to discern the difference myself rather than taking the words of the liberal pundits and elitists who run this country in both parties. I applaud Newt Gingrich in his efforts to bring sunshine to the failed policies and corrupt bureaucracy running this country. Hopefully, his colleagues will stop and think before falling off the cliff and passing this immigration bill that will truly doom our country with all its loopholes and guarantees for the illegals and the heck with the law abiding American taxpayer!

Posted by: Lindy | Jun 23, 2007 12:38:25 PM

Newt does NOT favor deporting 12 million illegal aliens. I actually wish he and more of our politicians did, but you can't attack him for favoring something he doesn't favor.

Posted by: LO | Jun 26, 2007 11:49:00 AM


The Immigration Bill should have never
got as far as it did. Enforced the laws
that are on the books now.
President Bush does not have enough
backbone to do what is right.
Senator Kennedy needs to go back where
he came from. All he want is more
welfare people so he can spend more of the taxpayer money & taxes us to death.
He is in the same boat with Jesse
Jackson & Al Sharpton. We do not need
them. They are ruining the United
States. All they are doing is catering
to the illegal immigrates for their
votes. IT IS CALL WELFARE, WELFARE.
the taxpayer money for votes

Posted by: amhweb | Jun 28, 2007 1:07:01 AM

No WAY Gingrich is The Man for the Job in America. The ONLY Hope this country has is Ron Paul. Never been on a taxpayer funded junket. Never votes for anything the Constitution forbids. Tries every year to abolish the federal Reserve. WILL stop the Nafta superhighway & the toll road scam. He will eliminate the federal agencies that meddle in our lives, Like Dept of Education. for instance. Support Ron Paul. The rest are scumbags. You know that,

Posted by: Nolan | Jun 28, 2007 11:15:18 PM

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