Richard A. Posner is a highly-regarded judge on the United States Court of Appeals for the Seventh Circuit, a senior lecturer at the University of Chicago Law School, a prolific author, and should be one of the leading candidates to become the next Justice of the U.S. Supreme Court (which probably means that he is not).
In this brilliant New York Times book review, Judge Posner reviews the 9/11 Commission’s report and he is not particularly impressed, particularly with the Commission’s recommendation for centralizing intelligence gathering:

[T]the commission’s analysis and recommendations are unimpressive. . . Much more troublesome are the inclusion in the report of recommendations (rather than just investigative findings) and the commissioners’ misplaced, though successful, quest for unanimity. Combining an investigation of the attacks with proposals for preventing future attacks is the same mistake as combining intelligence with policy. The way a problem is described is bound to influence the choice of how to solve it. The commission’s contention that our intelligence structure is unsound predisposed it to blame the structure for the failure to prevent the 9/11 attacks, whether it did or not. And pressure for unanimity encourages just the kind of herd thinking now being blamed for that other recent intelligence failure — the belief that Saddam Hussein possessed weapons of mass destruction.
At least the commission was consistent. It believes in centralizing intelligence, and people who prefer centralized, pyramidal governance structures to diversity and competition deprecate dissent. But insistence on unanimity, like central planning, deprives decision makers of a full range of alternatives. For all one knows, the price of unanimity was adopting recommendations that were the second choice of many of the commission’s members or were consequences of horse trading. The premium placed on unanimity undermines the commission’s conclusion that everybody in sight was to blame for the failure to prevent the 9/11 attacks. Given its political composition (and it is evident from the questioning of witnesses by the members that they had not forgotten which political party they belong to), the commission could not have achieved unanimity without apportioning equal blame to the Clinton and Bush administrations, whatever the members actually believe.

As an appellate jurist, Judge Posner is well-prepared to identify the flaw in the 9/11 Commission’s presentation — a fundamentally flawed premise:

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.

The problem isn’t just that people find it extraordinarily difficult to take novel risks seriously; it is also that there is no way the government can survey the entire range of possible disasters and act to prevent each and every one of them. As the commission observes, ”Historically, decisive security action took place only after a disaster had occurred or a specific plot had been discovered.” It has always been thus, and probably always will be. For example, as the report explains, the 1993 truck bombing of the World Trade Center led to extensive safety improvements that markedly reduced the toll from the 9/11 attacks; in other words, only to the slight extent that the 9/11 attacks had a precedent were significant defensive steps taken in advance.

Based on the 9/11 Commission’s proposals, Judge Posner is skeptical that the foregoing pattern will change:

Anyone who thinks this pattern can be changed should read those 90 pages of analysis and recommendations that conclude the commission’s report; they come to very little. Even the prose sags, as the reader is treated to a barrage of bromides: ”the American people are entitled to expect their government to do its very best,” or ”we should reach out, listen to and work with other countries that can help” and ”be generous and caring to our neighbors,” or we should supply the Middle East with ”programs to bridge the digital divide and increase Internet access” — the last an ironic suggestion, given that encrypted e-mail is an effective medium of clandestine communication. The ”hearts and minds” campaign urged by the commission is no more likely to succeed in the vast Muslim world today than its prototype was in South Vietnam in the 1960’s.
The commission wants criteria to be developed for picking out which American cities are at greatest risk of terrorist attack, and defensive resources allocated accordingly — this to prevent every city from claiming a proportional share of those resources when it is apparent that New York and Washington are most at risk. Not only do we lack the information needed to establish such criteria, but to make Washington and New York impregnable so that terrorists can blow up Los Angeles or, for that matter, Kalamazoo with impunity wouldn’t do us any good.
The report states that the focus of our antiterrorist strategy should not be ”just ‘terrorism,’ some generic evil. This vagueness blurs the strategy. The catastrophic threat at this moment in history is more specific. It is the threat posed by Islamist terrorism.” Is it? Who knows? The menace of bin Laden was not widely recognized until just a few years before the 9/11 attacks. For all anyone knows, a terrorist threat unrelated to Islam is brewing somewhere (maybe right here at home — remember the Oklahoma City bombers and the Unabomber and the anthrax attack of October 2001) that, given the breathtakingly rapid advances in the technology of destruction, will a few years hence pose a greater danger than Islamic extremism. But if we listen to the 9/11 commission, we won’t be looking out for it because we’ve been told that Islamist terrorism is the thing to concentrate on.
Illustrating the psychological and political difficulty of taking novel threats seriously, the commission’s recommendations are implicitly concerned with preventing a more or less exact replay of 9/11. Apart from a few sentences on the possibility of nuclear terrorism, and of threats to other modes of transportation besides airplanes, the broader range of potential threats, notably those of bioterrorism and cyberterrorism, is ignored.

And Judge Posner is singularly unimpressed with the Commission’s foremost recommendation — the appointment of a new intelligence agency “czar:”

The report’s main proposal — the one that has received the most emphasis from the commissioners and has already been endorsed in some version by both presidential candidates — is for the appointment of a national intelligence director who would knock heads together in an effort to overcome the reluctance of the various intelligence agencies to share information.

The commission thinks the reason the bits of information that might have been assembled into a mosaic spelling 9/11 never came together in one place is that no one person was in charge of intelligence. That is not the reason. The reason or, rather, the reasons are, first, that the volume of information is so vast that even with the continued rapid advances in data processing it cannot be collected, stored, retrieved and analyzed in a single database or even network of linked databases. Second, legitimate security concerns limit the degree to which confidential information can safely be shared, especially given the ever-present threat of moles like the infamous Aldrich Ames. And third, the different intelligence services and the subunits of each service tend, because information is power, to hoard it. Efforts to centralize the intelligence function are likely to lengthen the time it takes for intelligence analyses to reach the president, reduce diversity and competition in the gathering and analysis of intelligence data, limit the number of threats given serious consideration and deprive the president of a range of alternative interpretations of ambiguous and incomplete data — and intelligence data will usually be ambiguous and incomplete.

What is true is that 15 agencies engaged in intelligence activities require coordination, notably in budgetary allocations, to make sure that all bases are covered. Since the Defense Department accounts for more than 80 percent of the nation’s overall intelligence budget, the C.I.A., with its relatively small budget (12 percent of the total), cannot be expected to control the entire national intelligence budget. But to layer another official on top of the director of central intelligence, one who would be in a constant turf war with the secretary of defense, is not an appealing solution. Since all executive power emanates from the White House, the national security adviser and his or her staff should be able to do the necessary coordinating of the intelligence agencies. That is the traditional pattern, and it is unlikely to be bettered by a radically new table of organization.

Judge Posner concludes by noting the normal American reaction to an attack, and notes that wide-ranging reforms in response to such reactions are ill-advised:

So 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.

Read the entire review. Judge Posner is an unusally clear thinker, and his analysis of the 9/11 Commission’s recommendations is far more insightful than the recommendations themselves.
By the way, Judge Posner is guest blogging over at Larry Lessig’s blog, and here is his blog post on his NY Times review of the 9/11 Commission.