This had been widely reported before the run-up to the Iraq war, it has been denied by Bush partisans, but this story just won't go away:
[I]n a forthcoming book, the CIA field commander for the agency's Jawbreaker team at Tora Bora, Gary Berntsen, says he and other U.S. commanders did know that bin Laden was among the hundreds of fleeing Qaeda and Taliban members. Berntsen says he had definitive intelligence that bin Laden was holed up at Tora Bora—intelligence operatives had tracked him—and could have been caught. "He was there," Berntsen tells NEWSWEEK. Asked to comment on Berntsen's remarks, National Security Council spokesman Frederick Jones passed on 2004 statements from former CENTCOM commander Gen. Tommy Franks. "We don't know to this day whether Mr. bin Laden was at Tora Bora in December 2001," Franks wrote in an Oct. 19 New York Times op-ed. "Bin Laden was never within our grasp." Berntsen says Franks is "a great American. But he was not on the ground out there. I was."
In his book—titled "Jawbreaker"—the decorated career CIA officer criticizes Donald Rumsfeld's Defense Department for not providing enough support to the CIA and the Pentagon's own Special Forces teams in the final hours of Tora Bora, says Berntsen's lawyer, Roy Krieger. (Berntsen would not divulge the book's specifics, saying he's awaiting CIA clearance.) That backs up other recent accounts, including that of military author Sean Naylor, who calls Tora Bora a "strategic disaster" because the Pentagon refused to deploy a cordon of conventional forces to cut off escaping Qaeda and Taliban members. Maj. Todd Vician, a Defense Department spokesman, says the problem at Tora Bora "was not necessarily just the number of troops.