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Context of 'Summer 2002: CIA Begins Moving Iraqi Operatives into US to Train for Anabasis Plan'

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Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]

Entity Tags: Richard A. Clarke, William Jefferson (“Bill”) Clinton, Albert Arnold (“Al”) Gore, Jr., Lloyd Cutler

Timeline Tags: Torture of US Captives, Complete 911 Timeline

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

At the request of CIA director George Tenet, veteran CIA agents Luis (his full name has not been disclosed) and John Maguire devise a covert plan to overthrow the government of Saddam Hussein. Under the plan, code-named Anabasis, the CIA would send a team of paramilitary CIA officers to recruit disloyal Iraqi officers by offering them large chunks of cash. The CIA would conduct a disinformation campaign aimed at making Hussein believe that there was growing internal dissent. Hussein would become increasingly paranoid and eventually implement a repressive internal security policy, mostly likely involving the executions of suspected disloyal officers. In addition, the plan calls for “direct action operations” (understood to be a euphemism for the assassinations of key regime officials); disrupting the government’s finances and supply networks; and conducting sabotage operations, such as the blowing up of railroads and communications towers. Finally, the plan includes creating a casus belli for an open military confrontation between the US and Iraq. The US would transport a group of exiles to Iraq, where they would take over an Iraqi base close to the Saudi border. When Hussein flies his troops south to handle the insurrection, the US would shoot his aircraft down under the guise of enforcing the US-imposed “no-fly” zone. The confrontation would then be used as a pretext for full-scale war. “The idea was to create an incident in which Saddam lashes out,” Maguire later recalls. If the plan worked the US “would have a premise for war: we’ve been invited in.” Implementing the plan would cost an estimated $400 million. [Isikoff and Corn, 2006, pp. 6-9, 154; Guardian, 9/7/2006] The plan will be canceled at the last minute by Gen. Tommy Franks (see After January 2003).

Entity Tags: George J. Tenet, Anabasis, John Maguire, Luis

Timeline Tags: Alleged Use of False Flag Attacks, Complete 911 Timeline, Events Leading to Iraq Invasion

The Observer publishes an article entitled, “Secret US Plan for Iraq War.” It states that the US is planning to remove Saddam Hussein from power by giving armed support to Iraqi opposition forces. It also says that President Bush has ordered the CIA and US military to prepare plans for a military operation that could start “within months.” The plan calls for “a combined operation with US bombers targeting key military installations while US forces assist opposition groups in the north and south of the country in a stage-managed uprising,” and one version of the plan would have US forces fighting on the ground. The trigger for the attack would be Iraq refusing to allow UN inspectors back in. The article notes that justification for a war based on alleged Iraqi links to the 9/11 attacks is fading, but US officials believe they can make a case based on Iraqi possession of WMDs instead. One European military source who recently returned from General Tommy Franks’s headquarters in Florida says: “The Americans are walking on water. They think they can do anything at the moment.” [Observer, 12/2/2001] The claim that the US is planning a “stage-managed uprising” will later be borne out. Right around this time, some CIA planners come up with a plan code-named Anabasis to create an uprising in Iraq (see Late November 2001 or December 2001).

Entity Tags: US Military, George W. Bush, Central Intelligence Agency

Timeline Tags: Alleged Use of False Flag Attacks, Events Leading to Iraq Invasion

The CIA leadership informs the two veteran CIA agents working on Anabasis (see Late November 2001 or December 2001), CIA agents Luis (his full name has not been disclosed) and John Maguire, that the plan needs to be ready for implementation by January 2003. Maguire will later recall the message being: “Be ready to turn this thing on by January 2003. Be ready to go in a year. You got a year.” Maguire understands this to mean that the decision to invade Iraq has been made. [Isikoff and Corn, 2006, pp. 12]

Entity Tags: John Maguire, Luis, Anabasis, Central Intelligence Agency

Timeline Tags: Alleged Use of False Flag Attacks, Events Leading to Iraq Invasion

Bush signs an intelligence finding directing the CIA to conduct some of the operations that have been proposed in the Anabasis plan devised by veteran CIA agents Luis (full-name not disclosed) and John Maguire (see Late November 2001 or December 2001). The plan called for conducting covert operations within Iraq as part of a larger effort to overthrow Hussein’s government. [Washington Post, 4/17/2004; Isikoff and Corn, 2006, pp. 9 Sources: Top officials interviewed by Washington Post editor Bob Woodward]

Entity Tags: Anabasis, George W. Bush

Timeline Tags: Alleged Use of False Flag Attacks, Complete 911 Timeline, Events Leading to Iraq Invasion

The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition” (see 1993) (see After September 11, 2001). [Washington Post, 3/11/2002]

Entity Tags: Washington Post, Bush administration (43)

Timeline Tags: Torture of US Captives

The CIA begins bringing exiled Iraqi fighters into the US to begin training for the Anabasis project (see Late November 2001 or December 2001). Some of the Iraqis are flown in on secret flights using the same planes that are involved in the CIA’s extraordinary renditions (see After September 11, 2001) Other exiles enter the US with CIA-provided passports. [Isikoff and Corn, 2006, pp. 155]

Entity Tags: Central Intelligence Agency

Timeline Tags: Alleged Use of False Flag Attacks, Events Leading to Iraq Invasion

As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan

Timeline Tags: Civil Liberties

Execution of the Anabasis project (see Late November 2001 or December 2001) is blocked by General Tommy Franks. Journalists Michael Isikoff and David Corn write in their book Hubris that Franks “didn’t want a sideshow interfering with his carefully designed invasion plans.” Instead the Anabasis team, which has been waiting in Jordan (see January 2003), will help US forces cut roads and establish ties with local mullahs when the invasion begins. [Isikoff and Corn, 2006, pp. 211 Sources: John Maguire]

Entity Tags: Anabasis, Thomas Franks

Timeline Tags: Alleged Use of False Flag Attacks, Events Leading to Iraq Invasion

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